General Practice Law Articles

Technology has become a staple in today’s legal industry by shaping and changing the way business is conducted.

Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.

Legal aid had originally started on the concept of “right to counsel” and “right to a fair trial” movement in the 19th Century continental European countries where poor people who could not afford had their fees waived or the courts provided them with solicitors.

The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.

The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional advice. Wischmeyer Professional Services Access Plan allows employers to provide valuable resources to their employees at minimal cost and can even benefit themselves. Access to free consultations with an attorney, accountant or real estate agent with discounts if services are needed for professional resources and services.

A judgment may be enforced in the Country or State of its origin. Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title. Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.

Advancement of modern technology allow people to migrate effortlessly across borders in increasing numbers in this century. People live and work outside their home country, and some adapt to their adopted homes by having their families abroad. Expatriates have a unique myriad of concerns about their assets in their adopted country in the event of death. The inevitable question is: Do I need a will while I am living abroad?

A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the benefit of the contractor, when a construction project takes a wrong turn. A mechanic's lien is a security interest that is placed on the title to property for the benefit of those who have supplied labor or materials that improve that property. 49 P.S. § 1101 et seq.

Until May 7, 1997, much to the ongoing dismay of the Western financial world, debt financing was not an option for most Ukrainian companies. The key obstacle was the now-cancelled National Bank’s Provision No. 329, dated December 29, 1995, which strictly required all Ukrainian residents to obtain a special license prior to receiving loans in foreign currency from foreign creditors. Naturally, such licenses were not generally granted to the average Ukrainian company.

This article summarises the legal remedies available to both Turkish and foreign players for the collection of their receivables in Turkey.

When you fall behind on your bills and owe everyone in the world money, chances are your phone will be ringing all day with creditors looking for money. Once you are in a similar situation to the one described, it quickly becomes overwhelming. Not sure where to turn? Consult a debt relief expert and find out your options. An experienced bankruptcy attorney can assist you while trying to get creditors to stop harassing you and your family.

Virginia uses sentencing guidelines during sentencing for felony charges. After someone is convicted of a felony in Virginia, whether it be after entering a guilty plea or a trial, the Circuit Court judge will order a presentence report. A presentence report is prepared by a probation officer and includes various background, family, and employment information about the defendant. One of the items included in the presentence report is a calculation of sentencing guidelines.

I. Getting Started - As a lawyer, or sometime in your life, you have probably heard the saying by Abraham Lincoln: “He who would be his own lawyer has a fool for a client.” (Mr. Lincoln also said “A lawyer’s time is his stock in trade.” a useful motto in our profession. My hometown lawyer had that sign above his receptionist’s desk.) I mention this slogan (the first one) because a common problem that I have with my business-owner clients is that they work beyond their skill set.....

The need for hiring a lawyer is rising these days, given that different circumstances that surface. Given the massive choices available on the net and in local markets, persons have to develop advance decision making skills to ascertain choice of the right lawyer.

The Democratic Republic of Congo [DRC] is the newest member of OHADA and officially announced its joining OHADA in February 2004 but it’s had to deposit instruments of ratification for the statehood party. This has now been donThe Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADAe since the 27th June 2012.

How to handle credit cards and avoid filing bankruptcy. Sometimes too much credit card debt forces a person into filing for bankruptcy. If credit and credit cards are handled properly an individual can avoid having to file for bankruptcy protection to alleviate the burden of overwhelming credit card debt.

The idea behind a secondment arrangement is that the secondee will remain employed by the original employer during the secondment, and will, following the termination of the secondment, "return" to the seconder. However there is a risk that the secondee may (technically) become the host's employee, despite the parties' intentions. This depends on the facts of the particular case. This brief discusses the tax Implication of Secondment Agreement in the Democratic Republic of Congo.

In previous issues of this magazine, I covered the use of a Power of Attorney (a “POA”) in real estate transactions for those situations in which a party (the “Principal”) is not available to sign documents at a closing and appoints a third person, known as the Attorney-in-fact (“AIF”), to sign on his or her behalf.

In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits.

Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

The title of the Law “On amendments to certain Laws of Ukraine regarding the improvement of justice procedure” (adopted on the 20th of December, 2012) suggests the idea that such word as “reform” was removed from the list of legal terms after the pensionary reform. As the saying is, knock on wood!

On January 31, the Illinois Supreme Court chose the 14th Judicial Circuit in northwestern Illinois to be the first jurisdiction to allow cameras and tape records in the courtroom.

Recent decisions by the Texas Supreme Court have resulted in a “pro-enforcement” trend for covenants not to compete, and have eroded the holding in Light v. Centel Cellular Co. of Tex., 883 S.W.2d 642, 647 (Tex. 1994) requiring contemporaneous consideration to enforce a covenant not to compete against an at-will employee.

The Marshall Division of the U.S. District Court for the Eastern District of Texas has issued the following Standing Order Regarding Readiness for Status Conference: “The Court ORDERS the Plaintiff in each civil case file a notice that the case is ready for scheduling conference when all Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant’s answer of motion.

As reported in a recent Newsday story, the use of a video photo montage (an emotional video providing a glimpse into the life of a deceased victim) is becoming more common in criminal courtrooms across the country, including criminal courts here on Long Island.

This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.

Introduction - There are over 6,000 charities in Hong Kong, responsible for raising more than HK$ 8 billion dollars in the fiscal year 2008-2009. However, the charity sector lacks a comprehensive framework for the establishment and regulation of charities as compared to other overseas jurisdictions.

Almost unknown in 1960, the value added tax (VAT) is now found in more than 130 countries, raises around 20 percent of the world’s tax revenue , and has been the centerpiece of tax reform in many developing countries including the Democratic Republic of Congo.

In recent months, China has been dominating media headlines in connection with exchange rate disputes with the Unites States and possible participation of China in the bailout of some Eurozone nations. China seems to be proving the truth behind the Chinese proverb that says that ‘the saving man becomes the free man’.

The article examines the relation between Church and the State in the Democratic Republic of Congo, and to what extent those relations conflict with the right to freedom of religion or with secularism principle.

It is normal to think that the indebtedness of Democratic Republic of Congo [DRC] and potential threats such Vulture Fund activity increase the cost of doing business in some countries such as the DRC. This article discusses the DRC and China case as regard to Vulture Finds.

The courts must enforce foreign judgments that meet the criteria described in this article. In fact, once a foreign judgment has been rendered “executor” by a court in the DR. Congo, it may be enforced by writ or order of the court. Generally, as in most civil law systems, the court will recognize the foreign judgment and issue the enforcement order in the same proceeding.

One of the important issues to emerge with respect to the development of software is the integration of open source software in the application, platform or program. Any company developing software, outsourcing the development thereof, or obtaining software through an acquisition, must understand the risks associated with its use, and establish precautions to prevent the unknown integration of open source software into its key technologies.

In order to value the extraordinary resources, the Democratic Republic of Congo adopted from 2001, an important batch of economic measures establishing the freedom of commerce and industry and the liberalization of sectors governed so far by the Government (mining, oil and exchange sectors). Should be added to the reforms introduced the promulgation of new laws, the spirit of boosting private initiatives: it is the case of investment code, mining code, forest code, labor code.

Do you want to know about areas of investment permitted for investment according to Ethiopian law? Below you will find these areas of investment divided by sector of investment.

Brief note on the Rights and Obligations of Employees and Employers as Per the Labor Law of Ethiopia

Paralegal services cannot practice law. Due to the fact they may have been trained to fill out legal forms, does not and cannot replace an attorney. Why, because even before an attorney fills out the paperwork, he or she reviews the case and form a strategy. What is the importance of this? Once certain answers to crucial questions are filed, the party is committed to those answers. Once committed to an answer where the legal ramifications weren’t explained, can have lifelong consequences.

Everyone knows that, much like diet and exercise, networking is good for you and that there are lots of excuses for avoiding it. Practicing lawyers confronting the need to "get out there and network!" find it engenders powerful attitudinal obstacles. But unless you tap networking as a business development tool you will consistently fall short of your potential.

Trying to find a good personal injury lawyer? Here's a guide to help you find the best attorney for your case.

Execution has evolved to become arguably more humane.

Legal Practice Optimization or Law Practice Optimization (LPO) is the answer of the legal technology industry to the challenge the world faces for an eco-friendly work environment. It may be relatively new to many but this innovative way of managing the workplace is the first step any lawyer should take if they are keen to ensure the existence of a healthy planet for their children.

Are you facing some legal responsibilities right now? Do you need an attorney that will be able to help you in settling all your legal issues? Avoid these common mistakes and you will greatly increase your chances of finding the right lawyer.

This article explains the legal requirements for reporting a death.

10 factors to consider before an attorney with portable business makes a lateral move to a law firm.

A brief note on the period of limitation in Civil cases according to Ethiopian law.

In Bulgaria all advocates, attorneys, lawyers, solicitors and barristers are legal professionals who act on behalf of their clients with respect to different legal matters. However many are asking one question – what is the difference between all these five figures?

A decision was recently issued by the Central District Court ruling that under special circumstances, serving a brief of claim to a Palestinian importer via his customs agent will be acceptable service of papers.

The 15 November 1965 Hague Convention on Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters sets several options for service of process.

How does a Lawyer in Romania can exercise his profession?

General Information about the Romanian lawyer.

The Power of Attorney (POA) is the act in which the Romanian lawyer receives the authorization to develop a certain activity in the name and for the client, whether he is a natural or legal person.

Private detectives and investigators assist individuals, businesses, and attorneys by finding and analyzing information. They connect small clues to solve mysteries or to uncover facts about legal, financial, or personal matters.

When thinking about advertising and marketing for a detective agency, a lot of things come to mind. Unlike a typical retail business who’s target demographic is within a few radius miles, this business has a demographic that is sometimes worldwide.

Careful reading of the Section 138 of the Negotiable Instruments Act, 1881 provides the steps that is required to be followed with regard to the dishonor of the check for insufficiency, etc., of funds in the account.

In the day-to-day affairs of today’s world, not a single day passes without reference or discussions about some contracts, whether it is rendering service, employment, supply, distribution or purchase. We enter into contracts so many times in a day that ‘contract’ has become an indispensable part of our life.

When times are tight, you might do your transactions without a lawyer, to save on legal fees. Although understandable, this is bad practice.

Ask any Family Law attorney and they will tell you that collecting legal fees is high on the list of the stressors in the practice of Family Law. In the past year, the situation has gotten much worse with home values falling and retirement accounts losing, on average, more than a third of their value.

There are people who pretend to be lawyers and use the Internet to scam the naive and inexperienced. Others pretend to be clients and use unsuspecting lawyers as pawns in fraudulent schemes. These financial predators promise money or business opportunity.

In the movies, justice is a masked man in a cape locking up bad guys. In reality, justice is much different: it's having money to pay a physical therapist to help you after you fell off a ladder at the job site. Perhaps justice is a wheelchair access ramp. Sometimes justice is having the money to pay for ongoing medical treatment.

Each state has its own set of statute of limitations, which set forth the maximum time frame allowed, after an event occurs (such as an accident), for an injured party to start legal action, such as a lawsuit. Statute of limitations differs for bodily injury claims, property damage claims, breach of contract claims, medical malpractice claims, and claims related to fraud and misrepresentation. This article strictly discusses claims against public and government entities.  

Clients seek out lawyers who will take on cases on a contingency fee basis. The author discusses the factors that both the client and lawyer should consider before choosing this payment scheme and the legislative and statutory governance of this practice in Ontario, Canada.

If you have been served with a Special Motion to Strike, good luck - even with a lot of hard work you will need all the luck you can get!

A strong attorney/client relationship does not happen by accident. It's the result of the mutual efforts of the patent attorney and client. A good attorney can take steps to keep the relationship on the right track, but he or she cannot do it without a client's help. Here are some tips to help you do just that.

Bringing legal expertise into business strategy development is the natural conclusion of the process which the author has advocated of lawyers to becoming more nuanced and practical business advisors.

Under the Sixth Amendment to the US Constitution, every defendant charged with a crime is guaranteed the right to effective assistance of legal counsel. This means that not only is every defendant entitled to a lawyer to defend him or her, but to a lawyer who is competent to provide that representation.

Looking for innovation in the delivery of legal services leads naturally to an examination of business of lawyering, as opposed to the practice of law, and there is a large range of potential new business models to be considered.

Indonesia has been described as one of the most corrupt countries in the world. In 2008, the Transparency International Corruption Perception Index stated that Indonesia ranked 130th least transparent out of 180 countries. However, the continued existence of the Corruption Court in Indonesia which has tried many corruption cases and is trying to improve Indonesia’s anti corruption activities, is now under threat.

The Jury is the Great Equalizer. The common man centuries ago and the criminal defendant today are protected by the Jury trial requirements of American Constitutional and English Common Law.

Fewer cases means less work to go around, while at the same time ever more lawyers compete. So, what to do? The simple answer has to be: First adapt and then, thrive.

Put in the time and gather the knowledge. Bad faith litigation is not a practice area for the faint of heart. Remember to avoid the five common mistakes.

The ultimate cost of bias goes beyond undermining the rights of those whom our justice system is intended to serve. It also has a profound corrosive effect on practitioners and the judiciary.

The author answers the following personal Injury questions. If I am unhappy with the Rhode Island personal injury lawyer who is handling my case, do I have the right to obtain a new attorney? If I obtain a new personal injury lawyer who will pay for the legal services rendered by the old attorney?

We all use experts in our cases. Sometime more, sometimes less. They are a necessary part of what we do and many of them we love.

Seven rules you might keep in mind while you’re building a better practice.

When the negligence of others causes any type of significant injury in Florida, it is important to know what to do at the time the accident occurs and how to preserve your right to fair compensation for your medical and other costs.

An independent witness in an operating under the influence case could be the difference between a conviction and an acquittal. Therefore, it is imperative to ensure that any important witness be available to testify at the time of trial.

In every city and every state there are many, many personal injury attorneys. How do you know you are going to retain someone who may best represent you? There are many attorneys who will do whatever they can just to sign a client. Just because an attorney has the ability to sympathize with you does not mean that that attorney will be the best representative for you.

The American model for resolving legal disputes as applied to relationships is defective and inadequate. An adversarial system founded upon conflict ignores the consequences of making a contest over every issue to individuals and to families. There is a growing number of lawyers who realize why they became family law professionals in the first place - something in them resonated and empathized with the suffering, confusion, and plight of others.

Consular officers and immigration attorneys in Thailand are not supposed to act as adversary counsels during the consular processing.

Convention Abolishing the Requirement of Legalization for Foreign Public Documents

Just as in any judicial case, there are an array of details that have to be attended to. This is a sample list that would assist you and your attorney to move the case along the judicial system.

Choosing the right attorney to represent you is a very important decision. Here is a list of questions a client should ask an attorney before they hire him/her.

Grandparents raising their grandchildren are nothing new; however, the issue is increasingly a focus of the public eye. Since 1980, there have been dramatic increases in the number of children living with and being cared for by their grandparents. Grandparents may resume a parenting role for a variety of reasons, most of which revolve around problems related to the child's parent.

When times are tight, you might do your transactions without a lawyer, to save on legal fees. Although understandable, this is bad practice.

It is a situation that every neurolawyer faces at some point in their career. Usually, it occurs in cases involving mild traumatic brain injury where there is little objective evidence of injury.

After construction litigation begins, every homeowner inevitably thinks about what they could have done to prevent the nightmare of being stuck with an unfinished project. As in any case, an ounce of prevention is worth a pound of cure.

Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.

Short Answer: Generally speaking, under Georgia law, someone that performs work on someone else’s property should be paid and Georgia Lien law can protect that person or company regarding payment for work done. However, one needs to do it correctly or the lien could be invalid. It is important to note that major portions of the Georgia Lien law have changed effective March 31, 2009.

Protecting your financial interests between the time you file for divorce and the time the divorce is finalized

Investigator and witness credibility is the most important issue when testifying in court. An investigator and witness must be credible.

From 1st of July 2009 there is a new Notary Taxes Tariff which amends the amount of the notary fees related with the transfer of the Titles.

In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained natively within documents and individuals’ minds. The term specifically includes the development of standard forms, tools, and templates to streamline the delivery of service. This definition is quoted from the LKM White Paper One entitled: “Legal Knowledge Management A Holistic Model” dated April 2003.

Under both the Title II and Title XVI programs, medical evidence is the cornerstone for the determination of disability. Each person who files a disability claim is responsible for providing medical evidence showing that he or she has an impairment(s) and how severe the impairment(s) may be.

Health professionals play a vital role in the disability determination process and participate in the process in a variety of ways.

Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded.

A deposition is a process during which the opposing attorney has an opportunity to ask you questions. The questions can be on a variety of topics including your background, the events surrounding your case, and your claims in the lawsuit.

The author provides some of the funniest and best questions to ask in a courtroom either to confuse a witness or to get a laugh from the jury. As he evidenced, you can find something funny to ask in almost any situation and producing a little laughter in court is a great way to get the verdict you are looking for.

Many contract attorneys (which at one time, included members of our staff) often balk at the seemingly large cuts that staffing agencies take “out of their paychecks”.