Suing Your Lawyer – What Do You Need To Know?

There are a lot of good lawyers out there, but sometimes you may end up with a bad one. What do you do? If your lawyer hasn’t properly represented you, you should try to work it out first. For instance, you may want to hire another lawyer to help your case. You can also report ethics violations to the bar association.

If you are still not happy with these alternatives, you may consider a legal malpractice claim. However, a legal malpractice claim can be hard to prove. There are three types of legal malpractice claims.

The first type is Negligence. Negligence occurs when your lawyer represents you with poor standard and care. Here are some examples of negligence.

– Poor preparation for trial

– Fail to follow court orders

– Missing important deadlines in your case

The second type is Breach of contract. It happens when your lawyer violates agreements with you.

The third type is Breach of fiduciary duty. It happens when your attorney has a conflict of interest that harms your case. Here are some examples of Breach of fiduciary duty.

– Your attorney represents another client to your disadvantage.

– Your lawyer lies to you about important case information

– Your lawyer makes sexual advances toward you.

Suing your lawyer is not going to be easy. You must prove:

– Your lawyer incompetently represents you.

– Your lawyer made a significant mistake in your case.

Your lawyer’s incompetent can be very difficult to prove. You should review your chances of success before proceeding.

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Understanding Probate and the Problems That Can Arise

Detroit probate attorneys are an excellent way to tie up any probate issues that you or a family member may have. This may include, but is not limited to, validating and executing wills, estates, trusts, and other funds. A probate lawyer can also provide legal advice to the deceased’s heirs or remaining family members.

The process of handling probate can be extremely complicated, especially in the event that a person dies without leaving a will. A will is basically a legal set of instructions for how the deceased wanted his/her property and finances to be dispersed. When these instructions do not exist, it can be difficult to decide where and to whom the deceased’s property can legally go to. Usually, the decision is made by a state court. Michigan is similar to many other states in that it could take years for the handling of probate to be settled. This is where hiring a Detroit probate lawyer can be extremely advantageous.

Take a situation where a person dies with a will or trust in place but no living beneficiaries. In such a case the probate lawyer would step in and work on behalf of the remaining heirs. It is the job of the Detroit lawyer to help the heirs navigate the legal system and settle the estate. It is the desire to dispose of a probated estate as quickly and as fairly as possible.

Probate law is a difficult and time consuming process. It involves many prospective interested parties including debtors and heirs. When there is no will or trust instructions left behind, the process becomes more difficult. The probate judge imposes Michigan probate law in an equitable manner. The Detroit probate lawyer represents the interests of their client in order to receive a fair outcome.

When you search for a probate lawyer, you will want to make sure that you do your homework. Make sure that your candidates are knowledgeable in Michigan probate law, as well as experienced in actually practicing in the state of Michigan. You can easily phone up prospective lawyers and ask if they offer a free consultation, and if so, sit down and do a brief interview to get a feel of each lawyer’s competency. This will not only ensure that you hire a lawyer who will handle your case efficiently, but also one who you feel comfortable with.

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Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.
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Common Bail Bond Questions and Answers

There is a lot to know about bail and bail bonds. Many people are very unfamiliar with the difference between the two, and the details of the industry and the services they offer. Fortunately, you have resources like these to help you understand what bail bonds are, what a bail bondsman does, and how to obtain bail in your time of need. In this article, we will cover plenty of frequently asked questions regarding the bail bonds industry, arrest warrants, getting out of jail, and more. Continue reading to learn about all of these topics, and more, when it comes to the indemnity industry.

What is Bail? What are Bail Bonds?

Bail bonds are formal documents that allow a release from jail for a person being detained on suspected charges or crimes. Bail is the amount of money or surety set by the courts. These amounts differ for everyone; depending on the crime, a person’s criminal history, and more. Once bail is set, a bail bond can be obtained so that a person can be temporarily released from jail to await their following court hearing at home.

What is a Bail Bondsman? How Much is a Bail Bond?

A bail bondsman, or bail agent, is the individual who operates a service that provides bail bonds for people who need to turn themselves into authorities, or need a release from jail. They operate by lending, or covering, the bail amount for those who cannot afford the entire fee upfront, in exchange for a non-refundable fee. Bail can be set as low as a few hundred dollars for minor infractions, and some in the high-thousands.

To get out of jail, a person has the option to pay this money as a deposit to the court, and then receives this money back when they show for their scheduled court hearing. The issue is that not everyone has this type of cash on hand, and cannot afford to pay the courts these amounts to get out of jail. This is where a bail bond agency comes in handy. They will pay the entire bail amount for you, in exchange for a fee.

These fees are regulated by the state, so bail bondsmen can only charge between 10-15% of the person’s total bail amount. So if a person’s bail is $5,000, they would pay a bail agency $500-$750 for bail. They do not get this money back. They are also obligated to sign a contractual agreement promising their return to court. If a defendant obtains a bail bond, then skips their court date, the bail bondsman does not get that money back. This is when they come for you.

Are Bail Bondsmen Bounty Hunters?

Bounty hunting is not a real vocation, and bail bondsmen are nothing of the sort. If a person skips bail, the bail bondsmen will simply track them down with the information they have, and give police a heads up on the whereabouts of a fugitive. They do this in order to get their bond money back. They will send police to your home, office, work, daycare, gym, friend’s house, and any other place they think you may be. Before they come looking for the fugitive, they will contact the person who signed for the bail contract, and pursue recompense from them. Since most individuals do not wish for their loved ones to get stuck paying thousands of dollars, most people choose to show up for court. An arrest warrant is issued for anyone who skips a court date, so police can arrest them anywhere at any time; such as routine traffic stops, the BMV, the post office, border crossing, and more.

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Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.
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What Does a Paralegal Do Day to Day?

Paralegals assist attorneys in the delivery of legal services. They work under the supervision of an attorney. One of a paralegal’s most important tasks is helping attorneys prepare for closings, hearings, trials, and corporate meetings. Paralegals serve as support staff for attorneys through the gathering and analyzing of information relevant to court cases. They perform any function delegated by an attorney, including but not limited to the following:

· Conduct client interviews and maintain general contact with the client
· Locate and interview witnesses.
· Conduct investigations and statistical and documentary research.
· Conduct legal research.
· Draft legal documents, correspondence and pleadings.
· Summarize depositions, interrogatories and testimony.
· Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney.

The only legal services that paralegals can’t perform are presenting cases in a court, giving legal advice, setting fees and accepting cases.

A paralegal can be a freelancer or employed by an attorney or law firm or employed by a paralegal firm providing paralegals to attorneys and law firms. A freelancer paralegal charges the attorney for the work he does. If the paralegal is employed with an attorney or a law firm, he is paid a salary by the attorney or law firm. A paralegal employed with a paralegal firm is paid a salary by the firm who then bill the attorney or law firm hiring the firm. Besides attorneys and law firms, government departments, insurance companies, real estate companies and corporate also require paralegal services. Within these organizations, paralegals are responsible for a variety of areas including bankruptcy, corporate, criminal, family and labor law, litigation, immigration, intellectual property, real estate and employee benefits to name a few.

Generally, there are no specific qualification requirements for becoming a paralegal. However all paralegals in California must complete 4 hours of mandatory continuing education in either general law or in a specialized area of law. Many universities offer paralegal training programs. Most paralegals have an associate degree in paralegal studies, or a bachelor’s degree coupled with a certificate in paralegal studies. There are professional bodies that provide voluntary certification for paralegals. Some employers train paralegals on the job, hiring college graduates with no legal experience.

A Paralegal must be able to document and present findings and opinions to the supervising attorney. Good research and investigative skills and understanding of legal terminology are essential for a paralegal.

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Legal Considerations for Raising Capital

NOTE: THIS IS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.

There are numerous legal considerations every entrepreneur must face when starting a new business, and raising startup capital is one that can be fraught with danger. Hiring a qualified securities attorney is not a luxury; it’s a necessity for businesses seeking to raise capital from third parties. Some of the key general considerations are:

o Properly organizing the company as business entity under state law;

o Ensuring the company has issued enough authorized shares of stock of the same type that will be offered to investors;

o Make sure that any existing and potential legal problems are resolved before issuing stock to investors;

o Have an experienced securities attorney examine the federal securities laws, as well as the securities laws of any state in which stock may be offered to prospective investors, to make sure the company and its investment offer complies with those laws;

o Have your attorney explain in writing the potential personal liabilities of the company’s officers and directors if the company violates any federal or state securities laws in raising capital. Potential penalties can be very serious, ranging from civil fines to jail time;

o Make sure that your written investment prospectus contains all required state and federal disclosure language in the appropriate places;

o Your attorney should review the business plan and financial statements for possible untrue and/or misleading statements; and

o Obtain a written opinion from your attorney whether your particular investment opportunity is required to be registered with the appropriate regulatory agencies.

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A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

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Understanding Your Civil Rights

Civil rights are basic rights in which the government enforces a certain measure of protection. Civil rights include discrimination, physical safety, and the rights of an accused person. If you live near Detroit, you may or may not be aware of the history that surrounds Detroit civil rights movements and Detroit civil rights attorneys of the past and present.

Today, the battle for civil rights continues in Detroit. Civil rights attorneys in Detroit fight against unequal treatment for protected classes of people, defined by race, religion, disability, age and sex. Finding the right attorney can be a daunting task. The following are some suggestions that should help in finding the Detroit civil rights attorney that fits your needs.

You can save a lot of time and hassle by simply doing a bit of research on Detroit discrimination laws before contacting any lawyers. Knowing exactly what your rights are could save you a lot of discussion time with your lawyer, which could make your attorney’s fees even more costly.

First, you want to find a handful of lawyers that might fit your needs. This can be done through internet searches, recommendations from friends and family, and your local phone book. Once you have identified these lawyers you will need to make a list of questions to ask over the phone or in person.

For example; Does the firm offer a free consultation? How long is the consultation appointment? Is the fee negotiable? Has the attorney handled a similar case? Can the attorney provide references from other clients? Has the attorney or firm ever been under investigation? How long has the attorney practiced law? How heavy is the attorney’s current caseload? What should you bring to the consultation meeting? Will the attorney work on your case or will others in his office?

If you choose to have a phone interview and wish to engage an attorney’s services, it is recommended that you have a face to face meeting before making any commitments. You want to make sure that you are 100% confident with confiding in your attorney, and the best way to gauge a person’s trustworthiness is by meeting them in person. Also, make sure that you voice any questions or concerns so that you have as few surprises as possible.

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Three Reasons You Don’t Get Legal Help

There are three main reasons you don’t get the legal help you need:

ONE, you are intimidated by lawyers and the legal system. It’s like an “old boys club”. You aren’t included, so you feel left out. You are an OUTSIDER!!!

TWO, you don’t know who to call. Lawyers, like doctors, specialize. They usually know, concentrate on and practice one area of law. You not only have to find a lawyer that is experienced in the legal area of your problem, but then you have to choose which one is best from a pool of names. How can you know which one is best for you?

THREE, you have to check your pocket book before you call, to see if you can afford to get advice. At rates running $150-$250+ an hour, you tend to sweep the problem under the rug and try to forget about it or handle it yourself. You can’t afford the help you need!!!

SOLUTION: Have a full service law firm on “retainer” at a reasonable, affordable price.

You WILL no longer be intimidated. You no longer have to be left out of the Justice System. The “playing field” will be leveled for you.

You WILL know who to call, in advance, to answer your questions and help with your problems. No matter what area of law your problem pertains to, you will be able to get the help you need.

You WILL be able to afford the help you need. You can have a full service law firm on “retainer” for a reasonable price.

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