Some Reasons To Consider Legal Schools
Some Reasons To Consider Legal Schools
A person doesn’t have to be in disagreement with another human, or even a business, and still may need the assistance of a lawyer. Just trying to determine how best to leave their properties, and other assets for their dependents and family, can provide a reason for estate planning. There are other situations where an attorney is required, and the attorney needs qualified personnel to help research the case.
Corporate law offers an opportunity to deal with many facets of industry, and can be international in scope. A person who specializes in this area of law can spend many hours traveling to far off places, and dealing with people who have an entirely different way of life. Franchise lawyers are focused on maintaining the contracts of locations in every country.
Business law also includes knowledge of the rules and regulations that apply in the country where a business is located. There can be federal, state and local licensing and structures which must be established through documentation that is filed at various levels of government. A sole proprietorship is just as liable for their actions and implied warranties as any corporation.
Civil law can include divorces, and child custody cases, and these situations can really disclose the true character of the people involved. The laws are intended to protect any minor children who may be involved, and it can be rewarding to know you helped keep a child in a more safe environment. Structuring the details can offer a sense of peace that the children will get a fair start in life.
Neighbor pitted against neighbor over a tree limb, stranger against stranger who suffered property damage, and friends who have hit an impasse, are all matters for the assistance of an attorney, who can help sort through the issues. These matters of civil law can often be settled out of court, and save the tax payers a lot of money.
Criminal law involves life and death decisions where a crime has been committed and the defendant might be innocent. Prosecution and defense attorneys are involved in taking these cases to court, and a judge and jury make the final decisions about what happens to this individual. If they are guilty, society may have been served, but if they are innocent and still deemed at fault, a persons life can be forever changed.
It only takes 2 years to get a degree which can start a career in the world of law and lawyers. It can take a lifetime to pay for a crime. If you are interested in the study of law, you can start as an assistant, and continue to work while getting the rest of your education to become a bar association lawyer.…
Solicitors Pay Across Legal Sectors
Solicitors Pay Across Legal Sectors
The pay of solicitors can depend on a number of factors. It largely depends on the nature of the case; both the sector of law it falls within and the specifics of the case. Different lawyers charge varying fees, something that is usually based on their experience and knowledge.
Commercial (business) lawyers will usually be among the highest paid. The outcome of some cases can have a major impact on a business’s future so they will have a high budget in terms of the amount they can spend on solicitor’s fees. Those that could be landmark cases can be extremely lucrative for businesses, or prevent them from financial ruin, so they are often wiling, and able to afford, the very best solicitors. This puts solicitors in a position where they are able to dictate high fees if they can demonstrate they are the best choice for the businesses concerned. Very large corporations spend large amounts on solicitors, not just for legal disputes, but in-house to make sure the legal side of the business is running smoothly. Therefore solicitors working for corporations such as Microsoft and Google will be on very high salaries. Solicitors acting on behalf of small local business will not be on anywhere near the same amount, so it does to an extent depend on the nature of the client. The best commercial lawyers, though, are the most highly paid across law.
Personal injury lawyers are often at the other end of the scale, and are generally low paid. There are many no win, no fee lawyers, where clients will only pay should their case be successful. The solicitors may still be paid if working for a firm, but not as much as in other areas of law, as there is no guarantee of the firm being paid. If a large case is won though then the firm, and solicitors, could be paid a significant amount as they will usually charge as a percentage of what the client gets. Therefore it depends more on the specifics of the case and its outcomes that the type of client. Most of this is specific to no win, no fee lawyers and not others working within the personal injury sector.
The pay of criminal solicitors can vary significantly. This can be dependent on the client and the nature of the case. For example, solicitors who were working for Michael Jackson during his legal battles would have commanded high fees. He would have paid for the best solicitors money can buy, and therefore the best paid. The other end of the pay scale within criminal law are those who work on behalf of those who cannot afford to pay for their own solicitors. When someone is arrested they will be offered legal representation. These solicitors will be paid by the state, and will be earning significantly less than other criminal solicitors. People are more willing to pay higher charges for the best representation if they have been charged with more serious criminal offenses. They will usually pay more if potentially facing prison time than if they are accused of a minor driving offense, as they have more to lose should they not win.
A large number of factors will dictate the pay of family law solicitors. It can depend on how much a client can afford and the nature of the case. If children are involved in a divorce or there are large settlements involved such as property or large savings, then clients are more likely to be willing to pay more, and the case will require more work on behalf of the solicitors.
Pay within wills and probate law is not generally amongst the highest, but there are exceptions. If lawyers are acting on behalf of a client with a huge estate then the charge is higher, as solicitors fees’ are often based on a percentage of the estates total worth at the higher end of the market. For the will of someone with minimal savings and an average home the fees will be much lower.
Property solicitors are generally paid a percentage of what the property is being bought for. Therefore, what a solicitor will earn will be very different for a mansion worth A�5 million than a two bedroom house being bought for A�100,000.
Although some sectors of law are paid better than others, there are many factors that dictate this amount. Some clients will pay more than others, depending on their own wealth, how important they deem the case, and their personal preferences. More experiences solicitors, with a positive track record, will earn the most whichever sector they work within, as clients will be willing to pay them more and they are more likely to be used for cases deemed important by clients.…
Making Personal Injury Claims
Making Personal Injury Claims
Personal injury is a term many people have heard of but when one actually has to file for a claim, things may not be as easy. There are many things to consider, especially those that will involve the insurer. In many cases, people do not get the actual amount that is due them because insurance companies can play around the technicalities of their policies just to be able to reduce the sum that should be given. Unless one truly understands how these claims work, there is the danger of falling victim to these malicious insurers. Sad as it may seem, people could be taken advantage of and for this reason, it is important to hire a personal injury lawyer.
A personal injury lawyer will have the expertise and the experience needed for a claimant to be able to get the full amount that is promised in the insurance policy. Hiring this lawyer will then be the first important step when somebody has to file a claim. However, it is necessary to choose the right lawyer who can represent the claimant effectively. If you have to file a claim, look for a lawyer who can provide you with many details regarding his experience. In particular, you should inquire into the cases that a lawyer has won, along with his educational qualifications and, of course, his personal views regarding your claims. It is useless to have a lawyer who does not believe in your particular cause.
Once you have found the right lawyer, you can discuss the possibilities of your claim while taking into account the various requirements that will be needed for you to take all the legal steps that will be necessary. First and foremost, you have to be able to prove that you suffered the injury as a result of somebody’s negligence. But you cannot just rely on your own words to convince the judge that you have reason to file your claims. You have to be able to support your testimony with evidence such as a police case report, medical certificates and people who have witnessed the act of negligence.
There is no fixed amount that you can demand, however, as things will depend on how serious your injury was as well as how large you financial loss has been due to the act of negligence. Again, your personal injury lawyer can give you expert advice on how much to claim and will give you a realistic basis for your expectations.…
How A Criminal Attorney Can Help
How A Criminal Attorney Can Help
Criminal lawyers are a special breed of attorney. Their job is to ensure that their clients receive all that is available to them under the law after they have been arrested for criminal offenses.
Criminal violations could include the following:
drunk driving
hit and run
reckless driving
shoplifting
larceny
burglary
assault
battery
murder
manslaughter
record expungement
drug possession
selling a controlled substance
drug trafficking
Lowering Charges:
A criminal attorney will first try to have the charges lowered. He or she will also investigate and often challenge the lab work, arresting procedure and other aspects of the arrest.
Arraignment:
The client enters a plea at the arraignment hearing. If a defendant cannot afford to hire a criminal defense attorney, the Court will appoint an attorney from the Public Defender’s Office to serve as that person’s criminal attorney. Public defenders are often young and inexperienced in going up against lawyers from the District Attorney’s Office. For this reason, it is always a good idea to retain a criminal attorney.
After the arraignment or even at the arraignment, the defendant’s criminal attorney may file a Motion to Dismiss the Case for lack of evidence, improper arrest procedure or for some other valid cause. If the case is dismissed, the client is free and will not have a conviction on his or her criminal record.
Pre-Trial Conference:
At the pre-trial conference, the judge surveys both attorneys to see if they are ready to proceed to trial. If they are not, the judge will admonish them to prepare their case as quickly as possible. If the case is ready to go forward, it will them proceed to the assigned trial date where both sides will present their case. Some trials are before a judge and jury while others are held before a judge only.
Trial:
Plea bargaining negotiations begin practically from the beginning of the case. These are normally not held at court but, rather, between attorneys while at the local restaurant across from the courthouse. If the case is settled prior to trial and if the judge approves the settlement, the trial date will be vacated. However, if the case does not settle, the trial will begin.
Sentencing:
Some cases settle at the time of trial, but the more serious cases like grand larceny, burglary and murder are usually sentenced a week or two after the trial. For a sentence, a defendant may be required to serve time in the county jail or in state prison, pay victim restitution, participate in drug treatment, testify before a victim’s group and/or engage in community service. First offenses are often sentenced to summary probation only. However, if probation if violated in any way, the defendant will then have to serve time in lock-up. A criminal attorney can assist in helping a client receive a lower sentence.…
Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers
Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers
The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:
The Right to Remain Silent
No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.
The Right to Counsel
This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.
The Right to be protected from Unreasonable Searches or Seizure
Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.
The Right to Due Process of Law
This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.
The Right to Speedy and Public Trial
A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.…
Law – Blue-Collar Crimes
Law – Blue-Collar Crimes
What separates blue-collar crimes from white-collar crimes? The answer lies mostly in societal positions and ranks. Blue-collar crimes are associated with individuals from lower class society, where as the white-collar crimes are committed by those with a higher standing in society.
A lot of the distinction comes from the range of opportunities presented to the would-be criminal. Every potential criminal is limited by their opportunities in the end – the ease with which a crime can be committed; some have access to a lot more resources that are not theirs but can be taken advantage of. These white-collar criminals have it differently than their blue counterparts. For somebody with no access to huge resources of money and stocks, the crime is automatically rated and categorized with the blue-collar types. In these cases, violence and other cunning is employed where lack of immediate access to funds and such is not available.
Stealing inventory from a workplace and other crimes of similar nature are unlikely to be the blue-collar guys, though, their crimes are much more likely to be reported as violence is more commonplace, and the distress to victims is obvious and measurable. Corporate crime has victims, but the effect is not always recognized, and this is why it’s hard to regulate and truly see the full extent of. In these situations, skill and cunning instead of force is usually preferred, and it gives those in higher societal standing an unfair advantage of being able to commit crimes and get away with it, when the poor person who steals for very different reasons (to eat, to pay rent, etc.) is committing the same or a similar crime for hugely different reasons. This is where the grey area exists.
Police are always being assigned in more numbers to the blue-collar areas of cities to stamp out violence and other crimes, but watchdogs for corporate offices and facilities have very limited involvement and rely on insiders to dish out dirt on companies in exchange for small rewards. This again makes it hard for the same observation to take place, and creates an environment that preys on the less fortunate while ignoring those who steal not to live, but to increase their already-comfortable lifestyles. Until this trend is addressed, the statistics will be skewed and many illegal activities will continue to go on unreported and unaddressed. Is this really what we want in this day and age?…
Zero Tolerance
Zero Tolerance
Zero tolerance is a law passed by the government stating that any individual under the age of 21 must not drink and drive. Even just a glass of beer prohibits a minor from driving. If he or she still drives after drinking, the minor in question violates the law and therefore subject to punishment. It does not matter whether the minor was physically impaired upon drinking or not, the law clearly spells out that drinking and driving for minors are totally prohibited. That is what you call zero tolerance.
The government is not to blame for releasing a law such as zero tolerance. Car accidents are becoming more and more rampant so they need to pass a law in order to minimize it. It is considered illegal for minors to even buy alcoholic drinks, much less drive under the influence of it.
There are two components of the zero tolerance law that minors should take note of in case they get charged for it. The first component is called Illegal Per Se Laws. The law prohibits a driver to drive a motor vehicle if he or she has an alcohol concentration on his or her blood at a specific level. For those 21 years old and above, driving with an alcohol content of over point zero eight could spell trouble. If you are a minor, those individuals falling below 21 years of age, even as little as 0.01 or 0.02 alcohol concentration level will mean breaking the zero tolerance law.
The second component is the Administrative Per Se Laws. Through this law, the licensing agency has the right to revoke a driver’s license when found guilty of driving under the influence.
Promoting the zero tolerance law is essential to keep kids off alcohol in such a young age, to protect them from car accidents and to protect other people on the road that they can collide with. For the states that already enacted the law, reports say that nighttime fatal crashes that involves underage drivers already went down by 16%. As for those states who have yet to enforce the zero tolerance law, their fatal crashes went up by one percent.
For the law to be fully effective, information dissemination is very important. How can people follow it if they have no idea that such a law exists? The government is doing their job getting the public informed through education and media attention. Public service announcements are already in place in some states placing it on the radio, television and on newspapers. There are also printed materials being distributed in schools as well as videos that show information on the zero tolerance law.…