General Practice Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to General Practice.
May 15, 2015 By HG.org
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.
May 12, 2015 By HG.org
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?
May 12, 2015 By HG.org
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?
May 5, 2015 By HG.org
Attorneys 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?
April 30, 2015 By HG.org
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?
April 16, 2015 By Johnson Law Firm
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.
April 3, 2015 By HG.org
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.
April 2, 2015 By HG.org
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.
March 31, 2015 By HG.org
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.
March 29, 2015 By HG.org
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.
March 24, 2015 By HG.org
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.
March 13, 2015 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.
February 27, 2015 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 bus crash everyone in Palm Springs remembers most is the bus crash of July 31, 1991 that killed 7 and injured 53 when a chartered school bus carrying Girl Scouts and their chaperones skid 400 feet, overturned, careened off the Palm Springs Aerial Tramway Road, and tumbled down an embankment after its brakes failed. That crash was only one of a number of bus crashes with ties to Palm Springs and Palm Desert. As bad as it was, the FedEx bus crash in 2014 may have even been more horrific.
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.
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.
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.
Bangladesh is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, inter-country adoption processing for Bangladesh did not change. Bangladeshi law does not allow for full adoptions of Bangladeshi children.
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.”
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.
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.
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.
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!
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.
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.
A criminal record can have far-reaching consequences, even if the criminal charges do not result in a conviction. Fortunately, Texas law provides an opportunity for expunction to people who were arrested but their cases were dismissed or they were found not guilty after trial. However, you will not be eligible for an expunction if you were placed on probation, deferred adjudication, or you finished your case by doing jail time.
By Donovan & Ho
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.
A default judgment is a judgment that is taken against someone that’s been sued when the person sued (defendant) is served with a lawsuit but ignores the lawsuit, fails to file the proper documents (an Answer) or otherwise make him or herself known to the court.
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.
The Ministry of Justice and Public Order, which is the public authority designated as a Central Authority for the purpose of implementation of the Hague Convention of the 5th of October 1961 on the Abolition of the Obligation for Legalization of Foreign Public Documents (enacted in Cyprus through Laws 50/72 and 91/72) (the “Hague Convention”), has recently issued informative guidelines regarding the placement of apostille on Cyprus public documents.
The payment of the cheque (check in American English) should not be conditional. Whereas, if the payment of the cheque was related to some conditions, and those conditions were not fulfilled, the cheque will still remain due on its date
I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not.
With a view to enhance corporate governance, facilitate business operations and modernise the legal infrastructure for incorporation and operations of companies in Hong Kong, a complex new Companies Ordinance (CO) was enacted and 12 pieces of subsidiary legislations on technical and procedural matters were introduced.
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?
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:
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.
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?
Who should I go with? Public Defender (Court Appointed Attorney) or an attorney of my choice?
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?
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.
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?
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:
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.
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.
If you have already been sued, it is probably too late to do anything to protect your assets. But, if you are a planner and looking to protect your assets before you have a problem, this article is for you.
As many judges are fond of saying, ours are courts of law, not courts of justice. “Justice” is an often subjective term that fails to take into consideration the best practices for society at large. Laws are generally intended to create the best outcome for all people in all situations. But, what happens when the best intentions go awry?
After you finally received word that your case had settled, your first thought was probably when you would receive your settlement check. While you can ask your attorney to give you an estimate of when you can expect your check, the answer to this question depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.
Acknowledging the importance of the IT sector in Ukraine’s economy, the government has provided tax breaks to qualified companies and individuals in the IT sector that fall under the category of "subjects of the software product industry". From the period of January 1, 2013 until January 1, 2023, qualified IT companies and individuals are subject to a reduced profit tax rate of only 5%, provided they maintain a separate accounting of income and expenses of their activity in this sphere.
This article offers a general overview regarding the law and doing business in Portugal.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
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.
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.