General Practice Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of General Practice.
September 12, 2016 By Associated Services
Law firms have increasingly begun to address the explosion of costly high-volume litigation matters by teaming with a dedicated legal outsourcing provider to optimize their internal efficiency and cost-effectiveness. Service of process is a very important part of the litigation process and law firms, county family court offices and corporate legal departments can safely outsource to an experienced process service agency.
August 31, 2016 By Hammond, Minciu and Associates
The first question international clients usually ask lawyers in Romania is how long will it take to incorporate a company. For an experienced law firm, that should be an easy question to answer, but like most things in the current business world, the answer is not as simple as the question would lead you to believe.
August 25, 2016 By Hammond, Minciu and Associates
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
July 21, 2016 By Hammond, Minciu and Associates
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
July 12, 2016 By Hammond, Minciu and Associates
Most investors and companies that wish to incorporate a company in Romania chose to form a limited liability company (SRL). As Romanian lawyers we are often asked to advise on the type of company to be formed. In many cases we agree with the client’s initial instructions as to the form of the company to be incorporated.
In an effort to reduce the number of medical malpractice lawsuits and develop more effective safety protocols and prevention strategies, malpractice insurers and other medical groups are closely examining thousands of past claims in order to gain a better understanding of why doctors are sued and identify the issues that compromise patient safety.
A bill recently proposed in Delaware could have an impact on how other states consider homosexuality when a couple declares legal grounds for divorce. In order to file for divorce in Delaware, an individual must file a Petition for Divorce, where they declare a specific “grounds” upon which the divorce is being sought. Delaware courts can enter a decree of divorce if they find that a marriage is irretrievably broken, which is characterized in part by one spouse’s misconduct
A well-written contract is more than a fill-in-the-blank form. It's unique, it reflects your business principles, and it reflects your values. Make sure your contracts reflect the personality and the tone you desire.
Individuals who want to be lawyers generally must pass a bar exam. This test is perceived as one of the most grueling in the country, requiring many individuals to invest an entire legal education and post-graduation months preparing for it. The test is created in such a way that it should indicate whether a person is qualified to practice law in a given jurisdiction.
The changes made by the Georgia Supreme Court in June of 2015 in regards to spoliation in the State of Georgia.
The decision regarding whether or not to hire an attorney – and whom to hire if so – is one of the biggest that an individual who is considering filing a civil action will ever make. When considering whom to hire, clients will often mull over an attorney’s rates, case history, or like-ability. But what clients sometimes overlook, yet what is very important, is hiring an attorney with specialized experience handling specific case types.
Useful legal rules for choosing the best domain name and well as the necessary checks, that are recommended to be performed in order to avoid violation of earlier rights.
Cyprus: Warrant of Search Issued against a Lawyer Cancelled Due to Violation of Legal Professional Priviledge
In the recent case, Antonakis Andreou & Co LLC, a Supreme Court Judge, in Certiorari proceedings, cancelled a warrant issued against a lawyer and his law firm, for the search of the lawyer’s premises, on the ground that the law firm withheld certain important documents, relating to the alleged commission of serious crimes, by a client of the law firm.
The facsimile is a technical way of signing documents that reproduces the signature of empowered person; actually it confirms the validity of certain transactions or relationships. Is it legally to use a facsimile?
According to Article 9, paragraph 1 of the Law on Trademarks and Geographical Indications, trademark is a graphically represented sign used to identify and distinguish the goods of one manufacturer or seller from those of another. Such signs may be words, including names of persons; letters; numerals; drawings; figures; the shape of goods or of their packaging; combination of colors; sound signals or any combination of such signs.
Actions that Should be Taken by Trademark Owners for the Successful Protection of their Trademarks in Bulgaria
What actions trademark owners should take for the successful protection of their trademarks over the years. It is important to be noted that the present material reflects the applicable Bulgarian legislation.
It is important to be noted that the present material reflects the applicable Bulgarian legislation. This article describes why trademark monitoring is an important preventive tool, which every owner of a trademark is advised to use and which Bulletins should be monitored.
Why it is important a preliminary trademark search to be performed.
Our team has worked with numerous attorneys over the years, and by far the most common goals have been generating more leads, which convert to clients, and more time, so attorneys can focus on growing their practices. By following the inbound marketing methodology and the buyer’s journey, you can do just that.
A detailed description of the trademarks registration procedure in Bulgaria.
Like many industries worldwide, the legal world finds itself upside down. Once the full-service law firm billing its clients by the hour dominated, now clients are demanding more focused legal expertise offered at competitive – sometimes fixed – prices.
A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes. The attorney and the person giving it must be over 21 years of age and must be of sound mind.
Choosing an attorney can be a mind-numbing experience. That first meeting can be scary, but simple preparation will make the experience better. Most attorneys offer free initial consultations, which is a time for you meet, briefly discuss your situation, and then decide if you want this person to work for you. What you may not have thought of is that the attorney is also looking across the desk and deciding whether he/she wants to work with you.
Due to Turkey’s rapidly financial growth and increasing population, real estate market has been developing for last five years.
According to Turkish Private International Law (“Law”), a foreign judgments may be executed. The execution of the judgments in Turkey rendered by the foreign courts in relation to the civil actions and finalized in accordance with the laws of that state depends upon the rendering of the exequatur by the competent Turkish court.
In international or local trade relations, termination of distribution agreements especially by manufacturers come frequently to the fore.
Due to developments particularly in telecommunication technologies and transport since last century, more products have been demanded by customers in other countries than their place of manufacture.
The Judicial Collection Law (#8624), effective in Costa Rica since May 20th, 2008, completely changed the way the judicial collection files were processed, and put in order those people who failed to comply with the payment of debts, regardless the amount.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
When you hire an attorney to pursue a personal injury claim on your behalf, you expect that lawyer to make sure you get all the money you deserve. If your attorney is pushing you into a settlement that you don’t feel is adequate, you may feel frustrated. Your lawyer works for you, not the other way around. If you feel a settlement is inadequate and your current attorney won’t or can’t give you a satisfactory explanation as to why you should accept this low settlement, get a second opinion.
Many family offices (FO) started their business as so called single family offices, where the family owns the FO and serves only the owner family. Instead of covering the entire operative costs, many owners of single FO decided to offer its services to other families as well. This concept is called multi-family office (MFO) or multi-client family office. Only a few MFO have founded their business independently, without a large family backing it.
There is an unmistakable trend revealing itself in growing numbers of new cases: the “Instant Internet Lawyer.” This term refers to a growing corps of do-it-yourself amateur attorneys who believe that a few hours of web research, aided and abetted perhaps with discussions with total strangers on blogs, they are qualified to handle their own legal matters. Internet or no Internet, the old rule still applies: a person who handles his or her own legal matter has a fool for a client.
Verbal agreements are contracts even though they were not memorialized in a writing. Assuming that the contract is valid, the verbal agreement between two parties is binding. However, verbal contracts may have unique complications to them.
The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.
Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).
By Jaburg Wilk
When clients come to me for legal advice, I assume they will consider my advice, if not follow it. However, for sake of argument, let’s say you are different and you want to know the best ways to negatively impact the attorney/client relationship.
Many clients come to attorneys when they have accidentally violated a court order. Whether due to an accident or misunderstanding, the consequences can be quite severe. So, what can be done when you have accidentally violated a court order?
To become a lawyer is to become a man/woman of many hats. Law schools will teach you some of the skills you need, but they can't teach character. In order to become a "good" lawyer, you have to naturally have certain qualities. Some of these qualities you've discovered within yourself in your time as a law student, but others may need to be worked on.
Anyone who has ever found someone else's wallet has probably experienced that momentary moral dilemma of deciding whether to return the wallet or to keep the contents. Wherever you may have come down on that decision, the law actually does have some fairly clear guidelines for how such situations should be handled.
The term “tort reform” has been a favorite in the news for years, but what does it really mean? What is a tort, why does it need to be reformed, and what kind of change needs to be made?
Riots have erupted all over the United States in recent years, often in the wake of racial tensions created by police activities. Often beginning as peaceful protests, these demonstrations sometimes degenerate into violent riots where people and property suffer harm, leaving innocent people to pick up the pieces. This has led many to ask who should pay for the damage after a riot?
When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful guidance on when ‘privileged’ documents could be used in the course of litigation.
Lawyers can be very expensive. They are highly trained professionals with in-demand skills that make them able to charge increasingly high fees for their time, knowledge, and services. But, some attorneys are willing to offer at least a portion of their time to help the less fortunate. So, how do you get pro bono legal representation?
When preparing to deal with legal matters, many people experience concern over the expense associated with using an attorney. As a result, many have sought do-it-yourself solutions or paralegal services to help them with their cases. This leads many to ask what the real difference is between an attorney and a paralegal?
Despite what some popular jokes insinuate to the contrary, lawyers are people, too. They understand that it’s common for potential clients to be nervous or anxious when meeting for the first time. Try to remember that attorneys are there to help you. Knowing what to expect can ease your mind.
When a person needs to hire an attorney, one of the first questions he or she asks is how much it will cost. Different attorneys charge different ways for their work. Here is an overview of some of the possibilities.
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.
Small business lawyers play a vital role in the formation and retention of a business. They are also a source of trust and expertise for small businesses that must rely on their work and advice. Here are several questions to ask a small business lawyer before deciding to hire him or her.
A subpoena is a court-ordered mandate telling a person to show up in court or a deposition at a certain time or to provide a party of a case with certain information. Individuals who ignore a subpoena can find themselves in civil or criminal contempt of court. However, a person may not need to blindly comply with the subpoena.
When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.
By Ambridge Law
During the initial meeting between the personal injury lawyer and the victim or a car accident, the types of services that will be provided and the costs of those services are discussed. The client is normally asked to sign a retainer agreement, which is a contact between the lawyer and the client setting out all the terms of the professional relationship.
By Planet Depos
Taking depositions in Germany can be easy with the proper planning and scheduling.
To hear some critics tell it, Illinois is overrun with too many lawsuits. Travis Akin, of the group Illinois Lawsuit Abuse Watch (I-LAW), claims that “jackpot justice” has turned the Illinois courts into a “judicial hellhole.”
Sometimes despite an attorney’s best intentions, he or she may find that a client is not happy with the services provided. In many situations, a client can fire his or her attorney at will. However, there may be times when this right is limited. Before firing your attorney, be sure to consider negative consequences and any alternatives.
Provisions of law concerning Management of Household Waste are regulated in Government Regulation Number 81 of 2012. To implement certain articles of that Regulation it is necessary to stipulate a new Regulation by the Minister, called Regulation of the Minister of Public Works 03/PRT/M/2013 (hereinafter referred to as: "Regulation 03/PRT/M/2013").
By Planet Depos
More than two thousand years ago, the Chinese warrior-philosopher Sun-Tzu wrote a treatise on military strategy called The Art of War. Since that time, this legendary text has become required reading throughout Asia. Whether in business school, the armed forces, or in law school, it is likely that every student is familiar with the fundamental principles of Sun-Tzu’s masterpiece.
The answer should be yes, but if you have had major life events in your family, such as births, adoptions, divorce, marriage, or deaths, your loved ones may be in for a surprise. If you fail timely to update your beneficiaries, or fail to provide a paper trail showing your intent to keep them the same, you may unwittingly be disinheriting a child or benefiting an ex-spouse.
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
When two parties make a contract and one breaches it, there are generally two types of remedies that are available to the non-breaching party: equitable remedies and legal remedies. Each type has several subtypes of remedies that may be available.
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
Few areas of legal practice are as crowded as the personal injury field. In most jurisdictions, billboards, website banner ads, television commercials, radio spots, yellow pages and magazine ads, and other forms of advertising permeate our consciousness with pitches for different personal injury attorneys. With so many choices and so much information, how does one choose the best personal injury attorney?
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
I used to attend and speak at events designed to educate youth on the legal profession. I would often start my presentation asking the children if they could think of anything for which there was not some related law. Invariably, several of the kids would shout out “sleeping!” But, as I would point out, there are actually quite a few laws that have some impact on sleeping. Here are a few:
Designed to provide parents with specific things to consider before choosing a criminal defense lawyer to represent his/her child who has been charged with a crime.
Although it seems impossible to drive around any city in America without seeing billboards advertising attorneys or hear radio ads for law firms, attorneys are actually one of the most heavily regulated industries when it comes to advertising. Most rules make sense, like avoiding doing anything that would mislead the general public. But, there are a few that are easily and commonly violated, though not often considered until the damage has already been done.
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
Designed to provide parents with general information about the Pennsylvania criminal process in the event that their child has been charged with a crime.
One common area of confusion for those outside the legal profession is the difference between various job titles among legal professionals. After all, in many jurisdictions there are now paralegal firms that offer services that to some might seem similar to what an attorney can do. So what is the difference between an attorney and a paralegal, an attorney and a lawyer, and other legal professionals?
Easily, one of the most complicated subjects for law students to grasp and one of the most commonly misused terms in the English language is hearsay. Many incorrectly use it to refer to something that is speculation or rumor. What is hearsay? Is it admissible in court? Are there exceptions?
Since the dawn of civilization, there has been an ongoing philosophical and political debate about who or what can legally be considered a person. Traditionally, this took on the debate of whether certain human minority groups should be afforded the same rights and obligations as those in power. But, the debate has shifted in recent years to one involving non-humans. So, what makes a “person,” legally speaking.
Going to court can be a stressful experience, especially if you have never been. Aside from the fears of what may be at stake or concerns about a new social setting, many are scared of embarrassing themselves by not knowing who does what, what things are called, etc. There are actually a number of traditional rules, terms, and procedures many are unaware of, and though not usually that important for the lay person, knowing what they are could be useful in putting one's mind at ease.
Many have heard of people who hold themselves out as “animal rights activists,” but what does that really mean? Can animals really have rights? If so, how do they exercise them and what are they? Obviously they can not be the same as human rights or anyone who had a burger would be an accomplice to murder, so what is protected?
While billboards and television ads with lawyers faces and slogans may be commonplace today, just a few years ago such advertising was not permitted for attorneys. Over the last two decades, restrictions on lawyer advertising have relaxed somewhat, allowing the proliferation of ads we see today. Still, these advertisements are not without restriction.
So, you have won your lawsuit, but the other side has not simply cut you a check. What do you do? How can you go about collecting your judgment? These are a few tips to help you with the collections process:
It is one of the most common questions attorneys receive: how does one sue to get back their attorney fees in a lawsuit? Whether a family law case, a contract dispute, or a tort action, many believe they are entitled to recover their attorney fees from the other party if they win. But, is it that simple?
In both evaluations – winning and execution evaluations- there must be a good channel of coordination between the plaintiff, which is the client, and his lawyer.
Many in legal trouble have needed the aid of an attorney but did not have the resources to pay for one. Some have heard of legal aid organizations but may wonder what services these organizations can provide and how useful they really are.
When hiring an attorney, a potential client is often asked to pay an upfront fee called a “retainer” in order to hire the client. Many clients wonder why they should have to pay such a fee, particularly when they are sometimes non-refundable and they have not yet received any benefit from hiring the attorney. What happens if the case settles shortly after paying the retainer fee and before the attorney has done much work?
Most people do not hire attorneys everyday. This may leave them at a bit of a disadvantage in knowing what they should find out from an attorney before hiring them. Before hiring a lawyer, you should get information about these aspects of the attorney-client relationship:
Often, people may have viable bases for lawsuits but fear that they are not allowed to file their claim without a lawyer. As a result, concerns over paying attorney fees may keep some from following through with their claims, meaning that the legal wrong may go unaddressed and the person who was wronged may go uncompensated. But, it is possible to file a lawsuit without a lawyer. This article will tell you how.
Whenever someone hires an attorney, an attorney-client relationship is formed, and a privilege is created. But what is the attorney-client privilege? What makes the relationship between a lawyer and a client different from other professional relationships?
One of the biggest concerns of people in need of the assistance of an attorney is how much it will cost. The type of fee arrangement that is available to a client will often have a lot to do with the type of legal issues you are bringing to your attorney. There are several common types of attorney fees and fee arrangements:
Do you have court order from court of your country that you wish to seek recognition of it in Turkey, but you are concerned that it might not be recognized, because it does not contain the grounds on which the decision is built? Well, here is a good news!
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two decades to allow more and more freedom for attorneys wishing to advertise their services just like any other profession. However, the rise of new technology has presented a new twist and new source of liability for attorneys wishing to advertise online.
On September 19, President Barack Obama announced that Diane J. Humetewa was a nominee for the US District Court for Arizona. The nomination was made in response to widespread requests for representation on the federal bench of Native American interests.
Every state is responsible for passing laws regarding local standards for moral conduct. As a result, each state has enacted its own laws regarding sex crimes. Most are common to every jurisdiction, such as laws prohibiting rape, sexual contact with minors, and public exposure. But some laws are so unique and so inexplicable that they are worth review.
At times, a criminal defendant may find that he or she is not satisfied with the attorney that was hired for one reason or another. Generally speaking, a defendant who has been appointed a public defender or who hired a private attorney can fire the original attorney and hire a new private attorney when he or she wants to do so. Usually, the defendant does not need court approval in order to take this action. However, there may be consequences to taking this action.
A provision of the Affordable Care Act (also frequently referred to as “Obamacare”) requries that corporations of 50 or more employees must issue FDA-approved contraceptives as part of their health plan. However, a legal advocacy group has announced that it will ask the US Supreme Court to take up a Michigan manufacturing company’s challenge to the requirement.
In recent years, incidences of public nudity have increased. In some instances, this is innocent fun, like ritual moonings in Orange County, California, and worldwide naked bike riding events.
Corporate attorneys are frequently asked to assess various contracts that their clients bring to them. Generally, clients only want to know whether it is a “good” contract, or if it “covers everything.” But, this is only a small fraction of what an attorney should analyze. So, what do lawyers look for when evaluating contracts?
And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be glad you are not one of the six largest US Banks recovering from the collapse of the housing market and resulting financial crisis. Bloomberg reports that together, they have amassed a whopping $103 billion in legal costs since the beginning of the Great Recession.
Have you ever been out of the office or away from home, meet someone, strike up a conversation, and realize you want to do business with that person? Maybe you even had the feeling after leaving that if you could have given them a contract right then and there you would have closed the deal. Well now you can, with a new smartphone and tablet application called Shake.
Lawyers may receive accreditation to practice law or to practice in a particular area. While lawyers may focus in particular areas, state ethic rules regarding professional conduct generally prohibit lawyers from advertising that they are “certified” or that they “specialize” in particular areas unless they receive such certification from a particular agency, such as the state bar.
Each day that goes by may present a unique legal problem. You may have a dispute with a neighbor regarding differing opinions on the boundary. You may be fighting for custody of your children in family court. You may have been hurt in an accident when you were heading to work. The following list provides potential resources to assist you if you have a legal question.
Most people do not anticipate that they will need an attorney and as such do not save for such an expensive need. While many lawyers charge hundreds of dollars per hour for their services, there are a few options available for individuals who are unable to pay for an attorney.