Archive for the ‘Lawyers’ Category

posted by Legal Executive on Jul 28

Lawyers are typically paid by the hour, but when clients like the ones who own small and medium-sized businesses who seek employer law advice are unable to afford their fees–at the moment they start at over $300 per hour–they can arrange other forms of payment. These are known as alternative fee arrangements or AFAs. One of the most common types of AFA is the contingency fee, which basically means you pay the lawyer only if the results are in your favour.

This doesn’t mean that a contingency lawyer won’t charge you anything if you lose the case. The only thing you won’t have to pay for is the lawyer’s time. The rest, including court fees, investigative services, medical reports, and expert witnesses, still has to be paid regardless of the outcome.

When you and your lawyer agree on a contingency setup, you set a prearranged fee that’s usually a percentage of the amount you expect to win. Lawyers often agree to this because the percentage is often much bigger than what they would have earned working by the hour. Clients, on the other hand, don’t mind paying the premium if it means lawyers will be more motivated to win, since their fees are at stake–and they have little to lose otherwise. Hiring a contingency lawyer is a popular option in cases that involve heavy damages and compensation, such as insurance or personal injury claims.

Another advantage to getting a contingency lawyer is that you can usually afford more expensive services (i.e. a more experienced attorney) for the same amount of money. Or you can work with a more affordable lawyer, but have increased time for consultations as you don’t have to watch the clock all the time. It also protects you from negative tactics by the defense, who can simply make the case drag on until you can’t afford the hourly rates.

The downside, of course, is the added cost and the little details that can push it even higher. For instance, in most contingency arrangements, the client has to take associated costs out of his share of the settlement. Depending on the complexity of the case, this can gouge out as much as half of what you are awarded–something the lawyer doesn’t have to worry about because his fee remains the same.

A contingency arrangement can be a good idea if you think you have a good chance of winning; indeed, getting an attorney to accept such a setup is a sign that the case is strong. Of course, it won’t hurt to do your research and find a lawyer who has a good track record with similar cases, regardless of how he wants to be paid.

posted by Legal Executive on Jun 30

An annulment is a legal decree rendering a marriage invalid. Unlike a divorce, wherein the couple simply decides to end the marriage, an annulled marriage is considered never to have happened, often because of the circumstances under which it took place. Each state names a set of situations under which a marriage can be annulled. In Texas, these include:

Underage: The marriage contract is void if one or both parties was under 18 at the time and did not have parental or court consent. However, once the underage party turns 18, annulment can no longer be filed. Parents, legal guardians, and “next friends,” meaning other concerned parties, can file for the couple’s annulment. The latter must file the annulment within 90 days of the marriage.

Drugs or alcohol: The influence of drugs or alcohol can be used as grounds for annulment in Texas. If the person filing for annulment (known in court as the petitioning party) was under drugs or alcohol at the time, provided he or she did not voluntarily live with the spouse after getting sober.

Impotence: Under certain circumstances, impotence due to physical or mental conditions can qualify a marriage for annulment. The situation must have been present since the start of the marriage, but the petitioning party must not have been aware of it and must not have continued to live with the spouse after finding out.

Fraud or force: Marriages carried out under these circumstances are considered void and may be annulled. Examples are forged birth certificates, using false names, and a proven lack of consent from either party. Again, once the fraud is discovered, the petitioning party must no longer continue to live with his or her spouse.

Mental incapacity: One of the most common types of annulment in Texas, this applies to marriages in which one or both spouses is mentally incapable of giving legal consent to the marriage. The spouse in question may be underage or have psychological deficiencies that disqualify them from entering legal contracts (such as marriage). The annulment can be filed by the mentally incapacitated spouse, a legal guardian, or a next friend.

Prior divorce: Under Texas law, a spouse can file for annulment if the other party is found to have concealed a divorce that had taken place less than a month before. This can only be done within the first year of marriage, and like the other types, requires that the petitioning party stop living with the spouse after discovering the problem.

posted by Legal Executive on Jun 2

Lawyers and managers working for investment firm Lehman Brothers Holdings were paid more than $27 million in April, according to data from the U.S. Securities and Exchange Commission. This comes on top of the $1.26 billion it had already paid advisers in the course of its bankruptcy.

Alvarez & Marsal LLC, who took charge of the firm’s restructuring, received $8.9 million in April, bringing its “interim management” fees over two and a half years to over $431 million. Co-founder Bryan Marsal is currently at the bank’s helm, charging an hourly rate. His plan, according to sources, is to sell the firm’s assets and raise $61 billion to pay off its $322-billion debt. This would give creditors back an average of 18.6 cents per dollar.

Meanwhile, New York-based Weil, Gotshal & Manges LLP, one of the world’s largest law firms, was paid $7.9 million last month–a hefty cut from the $30-million average it had received in recent months. In November, the firm was said to have made $45 million. Its total earnings now top $293 million.

The bankruptcy has so far cost Lehman over $2.4 billion in administrative costs, including the liquidation of the Lehman Brothers Inc. entity, the UK-based Lehman Brothers International Europe, and the remainder of the brokerage. Of this, $420 million was spent in the first two years of the bankruptcy, and $774 million was paid by the European arm through mid-March.

The American parent, including many of its customers and trading assets, was bought up by Barclays Plc in 2008, shortly after it went bankrupt. By April 2010, its losses had exceeded $757 million, making it the costliest bankruptcy in American history. The post was previously held by energy company Enron Corp., whose bankruptcy lasted three years. It was also the biggest bankruptcy in the country at the time it was filed, with assets reported at $639 billion.

As of its April 30 SEC filing, Lehman and its affiliates had close to $23 billion in cash and investments, down from $23.2 billion the previous month. The losses are mostly pinned on a $957-million settlement with Bankhaus AG, the firm’s German affiliate.

Lehman is also struggling to regain control of its liquidation plan, which is under fire from a group of bondholders including investment firms Morgan Stanley and Goldman Sachs Group Inc. Its other creditors include Abu Dhabi Investment Authority, the New York Giants, a range of financial institutions and hedge funds, and individual bondholders.

posted by Law Help on Nov 17

Supermarkets were designed to provide customers with easy access to good quality products at relatively affordable prices; by and large, supermarkets have achieved their objective to develop a higher tier of convenience shopping in the UK. Despite proving their worth in a commercial context, supermarkets occasionally fail their customers on grounds of health and safety. As with most types of business in Britain, supermarkets often expose themselves to compensation claims following slips, trips or falls.

The most common types of accident to occur in supermarkets include slips on wet or greasy floors, car park collisions, automatic door malfunctions and incidents involving other shoppers. Although supermarket accidents often affect shoppers, research suggests that up to 75 per cent of all such accidents happen to members of staff; notwithstanding this, supermarkets are duty-bound to protect the health and safety of all those who step foot on their property.

Examples of typical supermarket accidents can be found quite easily. Mrs Young, for instance, was awarded £2,300 in compensation after she tripped over loose wires at her local supermarket, leaving her with injuries to her arm and hand. It is also sometimes the case that, over the winter, supermarket carparks and footpaths are left untreated (or inadequately treated) for ice and snow, which can result in further personal injury claims. Occasionally, supermarket slips, trips and falls can occur in somewhat unusual circumstances.

In April this year, 61-year-old Gloria Brown was ordered to pay £5,628 in compensation (and costs of £10,129) to 42-year-old Denise Bird after an accident in a supermarket five years ago. In December 2005, Miss Bird, a shelf stacker at the Morrisons supermarket in Rhyl, was left with an injury to her knee after Mrs Brown caused her to fall. The circumstances in which the accident occurred are unusual because Mrs Brown, a disabled woman who relies on the use of a mobility scooter to carry out her weekly shopping, knocked into Miss Bird as she was stacking shelves at the store’s milk counter.

According to Mrs Brown, her mobility scooter had been struck from behind by another mobility scooter, which consequently caused her to jump forward and hit Miss Bird. No win no fee solicitors acting on behalf of Miss Bird, however, argued that Mrs Brown had been riding her mobility scooter at a dangerously excessive speed and that she had failed to look where she was going. Mrs Brown’s counter claim against the third party mobility scooter rider was rejected by Rhyl County Court, which ruled against Mrs Brown. However, 76-year-old eye witness, Kenneth Rigby, has since said: “I definitely saw another scooter hit this woman, whom I know by sight and she was sent forward. The accident wasn’t her fault and it’s wrong she has to pay all this money. I’d have gone along to the court case had I been asked”.

Clearly, supermarket accidents can happen under a variety of different circumstances, with the most usual types of incident involving slips, trips or falls. Specialist legal firms such as First4Lawyers can help the victims of supermarket accidents – regardless of whether they are shoppers or members of staff – claim the compensation they deserve.

posted by Law Help on Jul 14

Just like the doctors engaged in medical practices that specialize in areas they chose to master, lawyers are given with the same opportunity. There are different branches in the judiciary and a lawyer has the independence which to concentrate. Years of practice made these lawyers to be high-caliber defendants in courts.  The client has the option to choose who depending on his particular need.  Advertisements and referrals are good source of information for the lawyers’ credentials and for one can approach and seek help. There are brilliant minds in the field that could give legal advice and effectively represent your case in court.

There are different types of lawyers for different areas in law. Outstanding lawyers that could give excellent service and appropriate legal representation to the clientele are available and just a call away. One has to make sure of his need though.

Asbestos or mesothelioma lawyers are for cases that involve health problems especially those exposed to high levels of asbestos particles in construction sites, buildings and schools or other noxious structures type. Seek legal advice to the Asbestos lawyers for this particular issue.

Assault lawyers are expert in criminal and civil cases. Criminal lawyers provide high quality defense for the cases of the accused, guilty or not in court. There are several sources of torts or criminal offenses that a criminal defense lawyer could best represent in court. For victims of assault and severely suffered, personal injury lawyers or civil assault lawyers are retained to recover damages caused by a committed crime.

Motor vehicle lawyer is the man for the job especially for vehicular accident cases and for Driving Under Intoxication or Driving While Impaired or Intoxicated cases.  A car accident lawyer will process insurance claims, recovery of lost financial benefits due to the accident, payment of medical bills and claims for damages to property.

Divorce Lawyers are for marital cases while Immigration lawyers are for immigration cases and citizenship problems. Business and corporate lawyers are to consult with issues concerning business matters. Companies with concerns starting from its incorporation, operations, taxation and liquidation are advised to hire the services of a business and corporate lawyers.

Labor issues and problems are best handled by employment lawyers. For both the company and the employee, an expert in the field is the employment lawyer that could give advice and legal services on issued that affect employment and work condition.

Bankruptcy lawyers are perfect advisors and could provide effective representation in judicial proceedings on one’s personal financial condition.  The evaluation and assessment of the financial resources of a person after the certification of an accountant could be represented in court by a a bankruptcy lawyer.

Different type of legal issue with matching type of lawyer to consult, seek advice and effectively represent in the court proceedings. For particular need a corresponding lawyer is the counterpart. The credentials, track record and legal fees would be the best basis for the decision to make.  Advertisement and business cards are good. It gives us the choices but what really matters is results.