Know Your Rights!

Before firing your attorney, be sure to consider negative consequences and any alternatives.

Often, people may have viable bases for lawsuits but fear that they are not allowed to file their claim without a lawyer.

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?

If you are interested in hiring a lawyer, he or she may mention a "retainer fee." While you may hire an attorney without a written agreement, there are several reasons why you should insist on a written retainer.

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.

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?

Whenever someone hires an attorney, an attorney-client relationship is formed, and a privilege is created.

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?

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.

When hiring an attorney, a potential client is often asked to pay an upfront fee called a "retainer" in order to hire the client.

Guide to Penal Law

If you are facing a felony conviction, the lasting effects on your career can endure for much longer than any time that you receive.

Getting arrested is an incredibly stressful, confusing experience, both for the person under arrest and their friends and loved ones. And, once taken to jail, there is probably just one thing on everyone's mind: getting that person back out of jail. So, how is that done?

We all know the dangers of intoxication or drug use before getting behind the wheel of a car, but when else can intoxication be against the law? It might surprise you to know that there are ways to commit DUI without even being in a car. In fact, there are many laws affecting intoxication and being aware of some of the more unusual ones could be the difference between a fun night out and a legal nightmare.

The term assault is used with relation to any number of different crimes and civil offenses, often incorrectly. So, what is assault, actually? And what are the different types of assault?

Dealing with informants is a controversial aspect of criminal law. Several Supreme Court cases have helped to mold this area of the law. States may have additional requirements under their laws.

We have all seen police shows where, immediately upon arrest, a police officer begins telling the suspect "you have the right to remain silent..." The list of rights the officer is about to recite are known as Miranda Rights. So what happens if the officer does not read you your Miranda Rights at the time of arrest?

You may have heard of someone using an alibi to avoid criminal liability, either in real life or on a television show or movie. But what is an alibi? How does it work? What are the legal consequences fo claiming an alibi?

It is well known that in American law, in order to convict someone of a crime, the prosecution must prove the defendant's guilt beyond a reasonable doubt. But that is only one side of the equation. The defendant also has an opportunity to present evidence to support a defense. So what kinds of defenses can one raise in a criminal case?

Much has been made over the last few years about a push to legalize marijuana. In 1996, California voters passed Proposition 215, making it the first in the union to allow for the medical use of marijuana. Since then, 19 more states, and the District of Columbia have enacted similar laws, for a total of 20 states and the District of Columbia with public medical marijuana programs.

Guide to Tort Law

While the classic rule was that spouses could not sue each other, the abolition of laws throughout much of the 20th century has all but eliminated this rule.

For those who have either been injured by a hit and run driver, or those who have lost a loved one, it is clear that hit and run accidents can turn an already unpleasant event into a truly horrible one. For those who caused the accident then fled the scene, usually in a panic, the consequences can be severe.

Determining the responsible party for a car accident can sometimes be tricky. There is often a difference between who actually caused an accident and who legally is at fault. Understanding who is at fault will have ramifications on whose insurance will be required to pay for damage to vehicles and properties, and which driver might be held liable for personal injuries.

Have you ever been walking along a sidewalk or walkway and taken a fall? Maybe a step was uneven or there was ice on the ground, or a root had broken through the concrete. Whatever the case, it is possible to seriously injure yourself, even through no fault of your own, just walking down the sidewalk. But, who should be responsible for those injuries?

A Guide to Bankruptcy: Chapter 7, 11, 13

Bankruptcy is a legal proceeding that helps some people who cannot pay their bills get a fresh financial start by temporarily, or permanently, preventing creditors from collecting debts from you. Bankruptcy is generally considered the debt management tool of last resort because the results are long-lasting and far-reaching. A bankruptcy stays on your credit report for 10 years, making it difficult to acquire credit, buy a home, get life insurance, or sometimes get a job.

The law provides a mechanism for getting out of control debts back under control, either by restructuring debt or wiping out certain types of obligations. This is bankruptcy.

Negative credit can have many far reaching consequences. Although you may not realize it, the health of your credit history will determine whether or not you are suitable for all sorts of things, including basic needs like renting an apartment or getting a job.

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.

Every year, millions of students are convinced to take on student loans with promises of huge salaries upon graduation, but often the reality is a bit different and these same students are left with an enormous debt and little or no means of repayment. Indeed, these debts can last for decades.

When preparing to file for bankruptcy, there are often many things on your mind. How will this affect my credit? Will I be able to pay for this? What will I lose? What will I gain? But one question that many people do not even know to ask is "what is the difference between a Chapter 7 and a Chapter 13 bankruptcy?" The answer can have profound repercussions on your case.

When we talk about discharging debts in bankruptcy, we are usually referring to a Chapter 7 bankruptcy. Typically, a Chapter 13 bankruptcy involves a restructuring of debt rather than a discharge, or forgiveness of debt. For that reason, for most people the main goal of filing for Chapter 7 bankruptcy is to discharge / wipe out their debts. For example, while there are many other types of debt that Chapter 7 will discharge, credit card debt is one of the most commonly discharged debts.

A Guide to Business Law

Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What is the difference between a corporation, an LLC, and a partnership? Why form one and not another?

When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term "statute of frauds" used. This does not refer to the commission of an actual fraud, but rather, whether the contract had to be in writing or not. So what is the statute of frauds and when does it apply?

We are all familiar with the idea of individuals committing crimes and facing the consequences of those actions. But, what happens if a corporation commits a crime? Who is responsible?

Guide to Parental Rights & Obligations

A Guide to Divorce Laws in the US

Sometimes, after a divorce has been finalized and a court has issued its final judgment or decree declaring the marriage severed, one of the spouses finds that they need spousal support.

For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?

You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.

Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.

Historically, one often thinks of a bygone era where child custody was always seen as a woman's right. But, times have changed and a more enlightened world has realized that a mother as the sole custodial parent is not always the best solution. Thus, what are a father's custody rights today?

The decision to end a marriage can be a very complicated one. Emotionally it may be painful, a relief, or a complicated mixture of both sensations. Practically, many things need to take place before the process can be finished and you can begin to move on with your life. So where do you start and who can you turn to for information? How do you know what steps are right for your situation? What other things do you need to consider that you may not even know about?

The question of which parent is more likely to get custody is an ever evolving one. Once, there was a policy of ensuring that the mother always received custody, called the "tender years" doctrine, which assumed that young children needed to be with their mothers in their early, developmental years. But more recently, courts and lawmakers have realized that the mother is not always in the best position to provide a safe and healthy environment for children.

Guide to Labor Law

Leaving a job, whether intentionally, by being fired, or through circumstances beyond your control (such as layoffs), is almost always tinged with at least a little (and often a lot) of stress. One of the biggest concerns faced by many in this position is what sorts of benefits they are entitled to? Will their insurance continue? Are they guaranteed a severance? What happens if they cannot immediately find a job?

If you have seen something at work that must change, but your employer is unwilling to do anything about it, what can you do? Will you be protected or can your employer immediately terminate you? How much will you jeopardize your job by doing the right thing?

Guide to Immigration Law

U.S. immigration law is very complex, and can be very confusing. In order to understand the process, you need to understand the factors related to the law and policies of immigration.

Extradition refers to the transfer of an accused criminal by one state or nation to another.

So, something has gone wrong in your trial and now you need to take an appeal. Or maybe the other side was unhappy with the outcome and they are taking the appeal, leaving you to make a response. An understanding of the appeal process and what it really means to take an appeal can be crucial to your success at this point in your legal dispute.

Anyone who has ever been to a doctor has probably seen a form relating to informed consent. But what is informed consent? What happens if you are asked to consent to something that you do not understand and are later injured?

In the United States, bounty hunters are sometimes employed to chase down those who miss their hearings or trials in criminal cases.

A subpoena notifies a person that he or she must appear in court at a certain location, date and time in order to provide testimony as a witness.

A summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to notify him or her that he or she is being sued.