Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Sat, 02 Jul 2022 23:31:19 -0400 The Criminal Trial Procedure: A Brief Guide The very thought of a “court trial” can be daunting for many. It is necessary to gain legal advice  before and during court sessions. Moreover, it is important to understand how these trials work because by its very nature, court trials can cause stress for all involved parties.

Notably, beyond reasonable doubt is the standard of proof used in a criminal hearing or criminal trial. This means that the evidence must prove that the defendant is guilty, and the defendant will be considered innocent until he/she is proven guilty.

A court trial can be held for a variety of different cases. A criminal trial takes place in case of criminal offences. There are many people involved in a criminal trial such as defendant, prosecutor, solicitors, court staff etc.

Criminal trials can take place in District Courts or Supreme Courts.

Whether you are directly involved in a criminal trial or are a family member of someone who needs to attend a criminal court trial for some case, this article provides a brief outline on the procedures of a criminal trial.

Overall, there are 8 steps to be aware of when discussing criminal trial procedures. Before we explore the steps, let’s discuss key terms associated with criminal trial.

Before we begin with exploring criminal trial procedures, let’s familiarise ourselves with some key terms that are used in such trials.

  • Accused: The person who has supposedly committed an offence.
  • Complainant: The person against whom the crime has been supposedly committed.
  • Defendant: The accused can be referred to as defendant.
  • Prosecution: Legal party tasked with presenting evidence against the defendant during the criminal trial.

For an exhaustive list of terms used in Australia, visit the Federal Court’s website.

Source: iStock images

Which court hears criminal matters?

In Australia, depending on the level of seriousness of the offence, there are three levels of courts that can hear criminal matters.

The Magistrate Court or Local Court is responsible for hearing criminal matters that are less serious in nature (summary or simple offences).

If the defendant pleads not guilty in the Local Court, the matter will go to a court hearing in the Local Court, or it will go to a trial in a higher court like the District Court. Following this, a date will be set for the court hearing.

If the defendant pleads guilty, either the Local Court or Magistrate will themselves sentence the guilty defendant, or they will commit the defendant for a sentence in a higher court.

Notably, the criminal trial procedure is relevant for defendants who plead not guilty. A court hearing takes place only in such cases. Given below is the outline of procedures that take place in a criminal trial.

#1 Investigation of the case

The first step before the criminal trial commences in the Court is to investigate the case. The investigator has to obtain statements from witnesses and collect evidence for the case.

The victim of the case can provide evidence. Others can also provide witness statements that the investigator will later compile to gather evidence for the case.

Moreover, the investigator will need to gather other forms of evidence including photographs, video recordings, and audio recordings.

#2 Prosecution’s assessment of evidence

Once the prosecution has assessed the investigator’s evidence, it needs to decide whether or not to prosecute the accused. If they decide to charge the defendant, the prosecution will issue a summons, requesting the accused to attend the court on a given date.

While issuing the summons, the prosecution will also inform the accused or the defendant of the charges against them.

Depending upon the seriousness of the offence, the matter will then be heard by either the Magistrate Court, District Court or Supreme Court.

#3 Hearing

Before a hearing takes place, some cases may also need committal proceeding or committal hearing. During the committal hearing, the Magistrate checks the evidence to decide if the defendant needs to be tried at the District or Supreme Court. In case there is insufficient evidence, the Magistrate will discharge the defendant.

The hearing occurs in the Magistrate Court, where the Magistrate makes all judgements. The witnesses are required to provide evidence and statements during the hearing.

This is also where the prosecution has to prove its case to the standard of proof, i.e., beyond reasonable doubt. If the Magistrate finds the defendant guilty, it may impose a sentence or set another date to do so. If the verdict is not guilty, the matter gets dismissed.

Source: iStock images

#4 Trial

The difference between a hearing and trial is that the hearing occurs at the Magistrate Court, whereas a trial takes place in either the District Court or Supreme Court.

Much like hearing, during court trial in District or Supreme Court, the prosecution will call witnesses to support the case against the defendant. The judge can listen to both sides of the argument, wherein the defendant can call witnesses and provide evidence if necessary.

The judge will then summarise the arguments to the jury, who will make the final decision. The jury needs to find the defendant guilty beyond reasonable doubt in order to convict the defendant.

#5 Sentencing

The court will then impose an appropriate sentence based on the severity of the offence. The sentence can include home detention, term of imprisonment, conditional release, or fines, or community service orders.

Conclusion: Can the defendant appeal?

The defendant has the right to appeal the sentence, or the verdict. The defendant will need to lodge a Notice of Appeal. For these purposes, the defendant is recommended to obtain legal representation.

Appealing a verdict, or a court sentence is a complex process. It is important for the defendant to prepare a strong argument.

This article has briefly explored the steps involved in a criminal trial procedure. For more information, it is recommended that you read legal blogs online to get a better understanding of how the law works in your jurisdiction.

Author info:

John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. The firm deals with all matters related to criminal law, property law, family law, commercial law, and criminal law among others.

]]>
Uncategorized https://www.prolawguide.com/blog/the-criminal-trial-procedure-a-brief-guide/ https://www.prolawguide.com/blog/the-criminal-trial-procedure-a-brief-guide/ Editor Thu, 23 Jun 2022 23:35:50 -0400
Marketing Ethics for Law Firms - A Quick Guide

The legal profession is one that is heavily concerned with ethics and moral matters. In fact, such things are part and parcel of a lawyer’s typical day, be they a criminal lawyer, commercial lawyer, family lawyer or any other type. Legal professionals therefore have to exhibit high ethical standards in everything they do, and that includes their marketing practices.

The idea of commercial lawyer marketing might feel “grubby” to one of these well-established Sydney or Melbourne firms with dark-wood panelled offices with high book shelves and founders who died in the 19th century, but it’s a reality in the modern legal sector. Below are some key things to remember when it comes to ethical legal marketing.

Always Respect Client Wishes

Law firms are free to use the many marketing channels open to both them and other businesses, but there are additional expectations of compliance and respect that people seem to demand from law firms than regular businesses. They may expect, for instance, to still be pestered by certain spam even after they’ve unsubscribed from a mailing list. So much spam we get comes to us so circuitously that it’s hard to really get to the bottom of where it originates.

When it comes to emails from a law firm, however, there’s more an expectation that unsubscribing or opting out of marketing emails means that the law firm will respect your wishes. People choose law firms primarily based on the firm’s reputation, and more importantly the perception of public trust toward that company. If you won’t even respect an email opt-out, what else won’t you respect?

Steer Well Clear of Misleading Claims

The world of marketing is full of false claims, most of which we tend to put down to pure hyperbole. When a local restaurant claims to have the best pizza in Melbourne, or the best beer in Sydney, we brush it aside and read between the lines. However, the same leeway is not afforded to law firms. There is a stronger degree of precision and accuracy demanded when it comes to claims made by law firms, which shouldn’t be surprising given that so many causes and resolutions of legal disputes are traced to choice of language.

So, when marketing a law firm, it’s important therefore to steer clear of unverifiable or unsubstantiated claims such as having the “most talented” lawyers in the area, or being “the most successful practice” in the area. Any claim that you make has to be backed up, so if you were claiming to be the most successful, you’d need numbers on victories vs. defeats, for example, compared to local firms or at least to a state-wide average.

Avoid the Creation of Unrealistic Expectations

If you have a target audience that you’re speaking with, and they end up thinking that as long as they work with you on an injury claims case, for example, they’ll definitely win a settlement in the millions of dollars, then you are not marketing ethically. Causing clients to have unrealistic expectations on the outcome of their cases, whatever they’re about, is a deeply unethical practice, even if you temper it with words like “maybe” and “possibly.”

Law firms have a duty to maintain total clarity and transparency on not just outlandishly possible outcomes of cases, but the most likely outcomes. Not making huge claims (see above), and only running verifiable and/or reasonable testimonials are good ways to avoid this issue.

Work with a Professional Law Marketing Provider

Sometimes, it takes an expert and impartial eye to help law firms stay on the right side of marketing ethics. Instead of stressing over how to keep your own marketing ethical, bring in outside help to assist in building and auditing your marketing strategies and content.

]]>
Uncategorized https://www.prolawguide.com/blog/marketing-ethics-for-law-firms-a-quick-guide/ https://www.prolawguide.com/blog/marketing-ethics-for-law-firms-a-quick-guide/ Editor Wed, 15 Jun 2022 05:53:25 -0400
How to Make the Best Impression at a New Legal Job

Congratulations, you’ve just landed a new role as an in-house counsel for a company in Melbourne. It’s an exciting time because you’re the first in-house lawyer the company has hired, having just finished things with an outside firm. Everyone is keen to see how bringing an in-house legal role to the team will change things, but that also puts a lot of pressure and responsibility on your shoulders.

To start, as a way to help secure your in-house legal role, and hopefully to expand your new department and remit, you need to kick off your time there by making a killer first impression. The good news is that you won’t have to do all of this just on the first day. You’ll have a bit more time to build this impression, but you should consider all of the following and try to make them happen as quickly as possible:

  1. Define Your Remit Clearly, and Share with Your Colleagues

If you’re the first in-house counsel that a company has hired, then it’s quite possible that other people who work there won’t be fully clear about what it is you actually do there, or what you have been brought in to do. In fact, there might even be some concern among your colleagues that you’re being brought in to scare people, or that your remit has something slightly sinister about it.

Of course, the vast majority of these fears and assumptions are completely wrong. The most likely scenario is that you have been hired to protect all of your colleagues, and the company, from getting into nightmare lawsuit situations.

  1. Always Dress the Part

As the in-house counsel, you are a natural figure of authority and someone upon whom others depend to give advice, offer protection and reassurance. That role demands a certain standard of professional attire; one that reflects the solemn nature of the position you hold, and that tells people at all times that you’re ready to talk shop, listen to their concerns, and get down to legal business whenever it’s necessary.

There’s just something quite reassuring when the lawyers (accountants, too) are in their suits.

  1. Act Friendly and Maintain an Open-Door Policy

As we mentioned earlier, there’s a good chance that some people are unsure as to what you are there to do in the company, so encouraging your colleagues to come and talk to you about that remit is a good idea. Ultimately, you want all of your colleagues to feel comfortable coming to you to discuss potential legal conflicts and issues that may arise from their mistakes. Gaining their trust and respect is therefore paramount.

If you maintain an icy demeanour around you, then you might get some respect, but no one will trust you to listen and empathise with their situation. That leads to problems not being addressed at the earliest chance, and that’s always a problem where legal matters are concerned.

  1. Communicate Legal Matters with the Wider Team Regularly and in Engaging Ways

As the in-house counsel, you’ll likely be responsible for keeping the firm out of litigation with outside parties, but you’ll also have to ensure that everyone within your own organisation follows the rules and guidelines that are set out to prevent damaging conflicts.

A common example might be sexual harassment. The in-house counsel can make a strong impression by proactively arranging for meetings, seminars and the creation of learning materials that clearly inform colleagues of policies and expectations on these matters.

  1. Join In Office Activities

Finally, if you want to ingratiate yourself and your new department into the team, then be sure to join in with office activities as and when you can: after-work drinks, lunches, get-togethers and more. When people see you as part of the business family, they will trust you more.

]]>
Uncategorized https://www.prolawguide.com/blog/how-to-make-the-best-impression-at-a-new-legal-job/ https://www.prolawguide.com/blog/how-to-make-the-best-impression-at-a-new-legal-job/ Editor Wed, 15 Jun 2022 05:51:16 -0400
Why Accounting Services Are for Everyone

Why is it that some people assume that accountants are only usually hired by huge multinational corporations, or by accounting firms? This is a totally wrong-headed attitude, because as you’ll discover when you read on, accounting services are for all businesses big and small, covering just about every sector you can think of. If it’s a business of any sort that either maintains a budget or makes profit from the exchange of goods and services, then it needs an accountant.

There is no profession or industry that is above hiring accountants, not even accountants or lawyers! Expert accounting and financial advisory for lawyers, for instance, is among the most important services that law firms count on. So, why are accounting services so important and universal? Let’s take a closer look:

Yes, Even Accountants Needs Accountants

Accounting firms are businesses, too, and they have to hire in-house accountants to handle their own books and accounts generated from helping countless other businesses and individuals to do theirs.

In-house accountants are often used as consultants and creative problem-solvers, too, brought in to help solve tricky issues on client accounts that they previously haven’t worked on. Their “fresh eyes” can be just what some difficult cases need when no one else can crack it.

Small Businesses Have to Get Tax Returns Right, Too

The tax system in Australia isn’t exactly forgiving. While technology has been implemented to try and make things easier for sole traders and runners of small businesses, it is still a great challenge for them to dot every “i” and cross every “t” without any kind of error. The ATO sees a wrong return as a bad thing regardless of who it comes from.

Therefore, accounting services are vital to help those individuals and businesses to get the reassurance and peace of mind that they need, especially during tax return season.

Proper Accounting Helps Companies to Strategise

Companies big and small have to be able to effectively plan their next moves for growth and expansion. A good accounting service will help them to do that by giving them accurate numbers reflecting their true income, outgoings, gross and net profit, and more.

For many, the most important part of the annual accounting is discovering where money has gone on expenses. For strategic purposes, it’s critical that companies know where and how they might cut expenditure and/or channel money more effectively. They may have found that huge expenditure on marketing, for instance, was not yielding the profits they had hoped. They might change their approach in the following year as a result. They may equally discover that they have a lot more cash available than they thought, and can thus bring on some new team members to help share the workload.

Accounting Delivers a Comprehensive and Impartial Performance Review

They do say that numbers don’t lie, and when they’re delivered from a competent accounting service, that is certainly true. Numbers do more than just give one an idea of how much money they or their company has, but also tell a story of how well a company’s management and leadership team is performing, and can do so in many ways.

Imagine a large firm bringing on a new CEO in 2022 to help rebrand, grow and redirect the company in the post-pandemic climate. Hopes were high until the results of 2022-2023 and 2023-2024 accounting became available. They found that profits were falling, expenses were rising, and that the company was in an increasingly tense position. What should they do in that case?

Accounting is needed for this kind of performance review because it’s one that even the most silver-tongued CEO couldn’t talk their way out of.

]]>
Uncategorized https://www.prolawguide.com/blog/why-accounting-services-are-for-everyone/ https://www.prolawguide.com/blog/why-accounting-services-are-for-everyone/ Editor Wed, 15 Jun 2022 05:49:35 -0400
How Can You File A Lawsuit Against An Automobile Company? If you sustained injury due to a manufacturing defect of the vehicle in Philadelphia, you can sue the company. Any road accident caused due to a vehicle defect warrants immediate legal action by the victim. 

Following such a collision, you are legally entitled to sue the car company. It is the responsibility of the automobile manufacturer to assemble automobile parts and spares following all the necessary safety precautions. 

If it fails to maintain the safety standards and quality checks leading to an accident, the victim can sue the company. Before exercising any of your legal rights, you should discuss everything with your lawyer. 

Manufacturers need to scrutinize each of their vehicles before launching them. It is also imperative for an automobile buyer to thoroughly check the vehicle during the test drive. If there is any manufacturing defect found in the test drive, the customer should contact the company.

It can help car owners stay safe from serious injuries that they can sustain while driving or using it. Similarly, it is also the responsibility of the car owner to take the vehicle to a nearby automobile service center at least once in two months for a routine check-up. 

Once a vehicle goes through necessary repairs and checks, it automatically gets rid of any technical problems or mechanical defects. 

What To Do After A Car Crash?

If you are a survivor of a car crash, you have full rights to sue the car manufacturer. Following an accident, you should seek necessary medical care first. 

Once you recover from the injury, get in touch with Philadelphia, PA personal injury attorneys. They are the legal professionals who can help you file necessary lawsuits against the car company to seek monetary compensation for the personal injuries sustained by you. 

Your attorney can help you by raising vital points regarding the manufacturing defects or any other mechanical failure of the car. Before contacting your insurance company, it’s better to contact your lawyer and apprise him about the case. 

An experienced attorney can hold the auto manufacturer accountable for the mishap. Before selecting your lawyer, make sure they have a track record of winning cases for clients. 

Some of the recent judgments helped the accident victims receive suitable compensation from various automobile companies. These include accident cases relating to seatbelt defects, headlight issues, parking brake failure, and others.

Before you start driving, make sure airbags, lights, AC, and lap belts are working fine. It’s better to take as many precautions as you can to avoid serious injuries.

In Conclusion

If you are an unfortunate victim of a car accident because of the vehicle manufacturer’s fault; sue them. Even if an accident victim dies on the spot or at a hospital during the treatment, their legal heir can still file a case.  

Road accidents kill so many people every year. It’s essential to hold the culprit accountable through legal means. As soon as an accident occurs, hire a Philadelphia-based personal injury lawyer immediately for further legal action and help. 

]]>
Uncategorized https://www.prolawguide.com/blog/how-can-you-file-a-lawsuit-against-an-automobile-company/ https://www.prolawguide.com/blog/how-can-you-file-a-lawsuit-against-an-automobile-company/ Editor Tue, 07 Jun 2022 23:31:44 -0400
Best Way to Handle Wrongful Death Claims Losing a loved one is never easy, but it's especially hard when it happens all of a sudden because of someone else's negligence. In these kinds of situations, it's normal to feel overwhelmed by different emotions such as sadness, anger, and disappointment. 

What makes things even harder and more complicated is the financial burden - medical bills, burial costs, loss of income, and other similar expenses. 

In these cases, pursuing a wrongful death suit with a law office specialized in this legal field, such as Spar & Bernstein Law Offices, is a must. These cases are often way too complex for someone that doesn't have extensive experience with these kinds of claims. 

In this article, we'll explain what wrongful death is, how to file a wrongful death claim, and what will happen once you file it. 

What is wrongful death? 

Wrongful death occurs due to someone's wrongful act, neglect, or default. In plain words, wrongful death is a result of several different events, including: 

  • Negligence-based incidents 
  • Medical malpractice 
  • Intentional acts, including crimes. 

For something to be considered a wrongful death, you and your lawyer must prove these three elements: 

  1. a person's death caused by the wrongful conduct of a defendant 
  1. the conduct could have resulted in a personal injury or similar lawsuit if the victim had survived 
  1. one or more survivors or relatives of the victim have suffered damages due to their death. 

Wrongful death claims are similar to personal injury claims in a way that the plaintiff must prove the death was a direct result of the defendant's failure to provide the necessary duty of care. 

Some of the most common examples of wrongful deaths include: 

  • Medical malpractice. A patient dies during surgery because the doctor failed to take the patient's medical history. 
  • Slip and fall. A person slips in the supermarket and dies. 
  • Car accident. A drunk driver hits a pedestrian crossing the road. 
  • Work accident. A worker gets crushed by the machinery and dies. 
  • Product defect. A motorcycle driver dies because of faulty breaks. 
  • Negligent security. A person dies in a nightclub during a shooting. 

What do I need to do to file the claim? 

There are two important things you need to do as soon as possible: gather evidence and watch for the statute of limitations. 

Evidence 

The truth is often a relative term. You must be able to prove that something happened if you want the court and jury to believe you. 

Make sure to save any medical and police reports, pictures of the accident scene, records, and logs such as product testing logs and video footage. 

Keep everything you can think of, even when you believe that it's not necessary. The lawyer will go through all the evidence you have and assess what can later be used in court or in front of the insurance company. 

Statute of limitations 

As with most other lawsuits, a wrongful death lawsuit must be submitted within a certain period of time. In New York state, it must be filed up to two years from the date of the fatality. 

For that reason, it's important to talk to the lawyer as soon as possible since they will need to look into all evidence, prepare the case, and come up with a strategy that will ensure you get a fair settlement.  

What will happen next? 

Once you and your lawyer are ready, they will file a claim against the defendant. When there's an insurance company, your lawyer will first try to negotiate a fair settlement. If that's not an option or if the insurance company is acting in bad faith, your lawyer will eventually file a lawsuit. 

There is also an additional step for those that are looking to file a claim against a public authority or benefit corporation - the notice of claim must be served first. 

If you end up bringing your case before the court, your lawyer will gather evidence and list all potential witnesses that are able to confirm your story. They will also prepare you for your testimony. Being able to prove that all elements of a wrongful death exist is crucial. 

Conclusion 

As you can see, handling a wrongful death claim is not easy without a lawyer. These cases are often complex because of their nature so hiring a lawyer is something we highly recommend.  

Keep in mind that the defendant will have a lawyer, so doing this on your own is not a good idea as you simply wouldn't have enough experience. 

]]>
Uncategorized https://www.prolawguide.com/blog/best-way-to-handle-wrongful-death-claims/ https://www.prolawguide.com/blog/best-way-to-handle-wrongful-death-claims/ Editor Fri, 13 May 2022 09:27:30 -0400
How to Prepare for Your Divorce Mediation Divorce mediation involves discussing and making decisions regarding property, child custody and support, and spousal support with a former partner or a mediator. The mediator is a professional in dispute resolution. They can be an attorney or a former judge. The mediator manages the conversation between the two spouses. They do not make decisions for them. They do not represent either party in the mediation.

Mediation typically takes place prior to divorce trials. It is done when a divorce has been filed and an uncontested divorce is not possible. An uncontested divorce is an easy way to get a cheap divorce in Huntsville or wherever you reside if both parties are in complete agreement without any outside help from the start. Mediation is done typically when the parties cannot reach an agreement by themselves and need outside help in the form of a mediator.

Mediation can not only occur in a divorce, but also when the former partners have been legally separated, i.e. the court has issued an order of legal separation. After the spouses draft an agreement in mediation, they may sign the agreement. The spouses then present the agreement to the judge. The judge may issue the terms of the agreement as orders in the divorce case. 

A party who is represented by a divorce attorney should discuss what is likely to happen prior to the actual mediation. This allows them to understand the legal consequences of entering into certain agreements. Here are five additional tips for a person about to engage in divorce mediation.

  1. Learn the financial consequences of agreements on certain matters, such as the amount of spousal support.

It helps to speak to a financial counselor to create a plan about what you want to do during and after the divorce. Estimate how much temporary spousal support you need or can provide. Think of your next steps after the divorce itself. Draft rough spreadsheets that look ahead six months, one year, and two years, at minimum. Use the numbers you have, such as the current and estimated mortgage payments for the family home. Avoid making major decisions regarding property division without determining how you will support yourself and/or minor children.

  1. If your child is old enough and wants to discuss visitation and/or custody arrangements, talk to your child to see what they want. Represent that honestly in the divorce mediation.

If you falsify information, this will cause concerns with your child and former partner. Talk to your attorney about recording what your child says to present that in mediation. Playing the recording is likely to cause you and your former partner to become emotional. Give yourself time to recover. A 10-minute break may help.

  1. Review relevant prenuptial and postnuptial agreements regarding property division.

You should discuss these documents with your attorney before entering into mediation. Let them know the circumstances under which you signed the documents. They should tell you if the agreements are fundamentally unfair or unconscionable. The court may invalidate an agreement that leaves you with no means of financial support and debt from the marriage.

  1. Review documents that support your position. Bring copies of them to the mediation if necessary. Keep the originals at home.

It is a good idea to scan or take photos of the documents. Then you can share them with the other party and the mediator using a smartphone. Documents that may help you include:

  • estimates of your budgets, for at minimum six months, one year, and two years after the divorce.
  • notes on your plans for your next steps after the divorce, at minimum six months, one year, and two years after the divorce.
  • expenses you are planning for a minor child for at minimum six months, one year, and two years after the divorce. Think about the activities in which your child is already involved, such as music or sports. Include those expenses, like band camp, soccer equipment, or cheerleading-related travel, in your budgets. Don’t forget contributions to college savings accounts and health savings accounts if applicable.
  1. Discuss how the divorce mediation may affect you with a mental health professional before it takes place. Go over how the mediation went with the mental health professional afterwards.

Consider writing down your feelings and thoughts regarding the mediation for about 5 to 15 minutes immediately after the event. You may also want to write down your ideas about the mediation the next day. Next, sort out what concerns a mental health professional can cover. Separate these from the concerns a lawyer should address.

It’s important to be aware of your feelings about the divorce mediation. It’s a good idea to review what went well, what was expected, what was unexpected, and loose ends to tie up. You may have additional questions after the mediation, such as what to do if you think the mediator was biased. This is a common problem. If you are in this situation, talk about your feelings regarding this with a mental health professional. Discuss the legal “how to” steps with an attorney.

]]>
Uncategorized https://www.prolawguide.com/blog/how-to-prepare-for-your-divorce-mediation/ https://www.prolawguide.com/blog/how-to-prepare-for-your-divorce-mediation/ Editor Wed, 11 May 2022 10:17:41 -0400
3 Powerful Tips To Win A Lemon Law Case In Indiana Are you tired of making multiple trips to your dealer service shop to repair the same issue in your car? Then your vehicle might be a lemon. Thanks to Lemon Laws, the lemon law, you may be qualified for a refund, cash compensation, a replacement vehicle. You do not have to live with a defective car while the law protects your rights.

However, your claim must be concrete. You need a solid case to offer a favorable verdict and deliver a win. Your manufacturer will not give in easily to your claims. They will try to argue the case and avoid any claims. For you to win, you must have a strong way to argue your case. Here are powerful tips for winning a lemon law case:

Understand the Indiana lemon law

Having sufficient knowledge of the Indiana lemon law is the first step to winning your case. You need to know what qualifies as a lemon in your state. Remember, each state has its own lemon law. The laws might have similar basic aspects but can differ in some important ways. It is crucial to understand the law in your state to help you file your claim effectively.

Learning the Indiana lemon law will help you have some grip on the case. You will know what you’re entitled to gain. It will also help you harness your confidence. So, consider searching for lemon law materials and familiarize yourself with it.   

Ensure you keep a detailed record

Records come in handy when your determination is to win a lemon law claim. You must have every detail well recorded and documented. Your records must have detailed information about the exact problem that your car is having. Also, it should be accurate. If your car has an engine issue, the details should reflect the same. The same case should apply to defects.

Importantly, ensure that the dealer uses exact terms and information to record a repeated problem. The dealers are smart people. They understand the consequences of a lemon case. For this reason, they will try to alter information and complaints to reflect a different issue. This aspect makes your claim weak and becomes invalid.

If you want to win your case, you must keep accurate records of the repetitive problem. Never allow your dealer or manufacturer to temper with it. With a detailed and concrete record, winning will be your portion.

Work with a credible lemon law attorney

Filing a claim under the lemon law in Indiana is made that much simpler with the help of an experienced attorney. They can help you collect the highest possible compensation. Unless you are a lemon law Indiana attorney, do not try to handle the matter by yourself. Working with an attorney comes with a lot of benefits.

First, they will help you assess the validity of your claim. Also, they will advise you on the best approach to maximize your gains. The attorney will help you argue your case and attract better offers. So, engaging one will increase your chances of winning your lemon claim.

If you have a lemon case in Indiana, apply these tips, and you will win it.

]]>
Uncategorized https://www.prolawguide.com/blog/3-powerful-tips-to-win-a-lemon-law-case-in-indiana/ https://www.prolawguide.com/blog/3-powerful-tips-to-win-a-lemon-law-case-in-indiana/ Editor Wed, 11 May 2022 10:06:35 -0400
Congressional Republicans Demand Investigation of Energy Secretary Jennifer Granholm's Financial Conflicts of Interest Jennifer Granholm's personal finances are coming under fire once again.  Attorney Sam Dewey explains why two Republican lawmakers are demanding an internet watchdog investigate the stock trades of the Secretary for the Department of Energy.

In a letter sent to the Energy Department’s Inspector General, John Barrasso and Cathy McMorris Rodgers—the Ranking Members of the Senate’s and House’s Committee on Energy and Natural Resources, respectively—demanded a full investigation into Granholm's recent dealings.

The two lawmakers want to find out whether Granholm violated federal transparency laws when she failed to report stock sales that totaled $240,000 in the last year.

What She’s Accused Of

Granholm is accused of reporting personal stock trades past the deadline she’s required to do so.  According to the Stop Trading on Congressional Knowledge Act of 2012, all members of Congress must report any stock trades to the Office of Government Ethics within 30 days of doing so.

In this case, Granholm failed to timely report nine stock trades that she made between April 30 and October 26, 2021.  Those disclosures weren't made until December 15–16, though.

McMorris Rodgers and Barrasso want the Inspector General to investigate why the delay occurred.  Specifically, they mentioned in their letter that they’re concerned about Granholm’s response to the allegations, in which she said she had no knowledge of being notified about the stock trades beyond the STOCK Act's deadline.

Granholm has already paid late fees of $400 for those filings, according to a spokeswoman for the Energy Department.

She's Not the Only One

While the Republican lawmakers are focused on Granholm's violations, she's not the only legislator who has been accused of violating the STOCK Act.  Various media organizations identified close to 60 Congress members who didn't report financial transactions in the appropriate amount of time.

As Sam Dewey explains, the law was originally passed to combat the potential for a conflict of interest or insider trading.  In other words, Congress wanted to remove the potential for any of its members to use insider knowledge they have about legislation or the inner workings of the government to their financial advantage.

Some legislators have said, though, that the Act hasn't accomplished its intended results just yet.

What Republicans Can Do

As the minority party in both chambers of Congress, Republicans are somewhat limited in what they can do in Granholm’s case—and that of anyone accused of violating the STOCK Act.

That could change come November, though, as the midterm elections loom large over control of both the Senate and the House.  Should Republicans regain control of both chambers of Congress—or even one—they would have more ability to pursue the issue.

For one, the GOP could initiate internal investigations and hearings on Granholm's financial dealings specifically, or that of members of Congress generally.

In addition, they might consider crafting and passing legislation that would ban all members of Congress and their staff from directly trading in stocks. It would be a serious step, but it's one they could possibly take up.

About Samuel Dewey

Samuel Dewey is a successful lawyer and former Senior Counsel to the U.S. House of Representatives Financial Services Committee and Chief Investigator and Counsel to the U.S. Senate Special Committee on Aging.  Mr. Dewey specializes in:  (1) white-collar investigations, compliance, and litigation; (2) regulatory compliance and litigation; and (3) complex public policy matters. Within these fields, Mr. Dewey is considered an expert in Congressional investigations and attendant matters. Mr. Dewey has a B.A. in Political Science, a J.D. from Harvard, and is admitted to practice law in Washington, D.C., and Maryland.

]]>
Uncategorized https://www.prolawguide.com/blog/congressional-republicans-demand-investigation-of-energy-secretary-jennifer-granholms-financial-conflicts-of-interest/ https://www.prolawguide.com/blog/congressional-republicans-demand-investigation-of-energy-secretary-jennifer-granholms-financial-conflicts-of-interest/ Editor Tue, 26 Apr 2022 23:39:32 -0400
6 Reasons to Engage an Attorney When Buying your First Home Owning a home is an exhilarating experience and a dream come true for many people. If it's your first time buying a home, you may want to complete the process fast but may end up making costly mistakes. For this reason, it's vital to hire an attorney to guide you in the purchase process. That’ not all, though! Engaging a professional will save you time and thousands of dollars later on.

Why need an attorney as a first-time homebuyer?

The process of buying a home is complex and involves multiple legal documents. It also involves using numerous legal terms, some of which you may not understand. As such, it's critical to engage a real estate attorney to guide you. The attorney will also help;

  1. Determine issues in the sale documents

The lawyer will double-check all the sale terms and documents to ensure that everything is legal. The professional will advise you on the conditions and share ideas to make them flexible. This way, it'll be easy to opt out of the deal in case of any issues. For instance, if you notice mold or foundation problems, you can easily terminate the contract.

  1. Examine permits 

If planning to sell the home, the attorney will examine the deed and the other things like additions. These may include fences, sheds, and other vital structures to ascertain whether they abide by the state permits. They will also check all the terms to ensure that everything listed is provided.

  1. Determine tax issues & Zoning requirements 

 The attorney will examine the zoning requirements and if there are any encroachments on the property. What of tax issues? You don't want to buy a home with tax arrears or problems that may come to haunt you later. The lawyer will examine this and guide you accordingly. 

  1. Inform you of essential Government programs 

Many government programs can help you save a lot of money on your real estate investment. Some allow you to borrow money without taxes on the funds. You also benefit from tax credits if living with a disability. Therefore, the attorney will inform you of such benefits, which is a great saving idea.

  1. Protect your assets

It's the role of the attorney to protect your investments. If buying a home for resale, the attorney will check and ensure that there are no pending prorated amounts for the current year by the seller. These may include property taxes or utility bills.  

Also, the professional will help search for records and property titles and ensure you purchase title insurance. This will guard you against losses due to existing liens, encroachment issues, title fraud, or survey errors.

  1. Represent you during transactions

 An estate attorney will accompany you in the transaction process and inform you of other the closing costs. They will obtain the mortgage funds from the lender and hold them until the deal closes. The professional will also pay the land transfer tax on your behalf.

Final thoughts 

 An attorney plays a critical role in real estate dealings. They will guide you in the process, which avoids mistakes that new home buyers make. The professional will take through the necessary documents and help you understand them before purchasing a property. 

]]>
Uncategorized https://www.prolawguide.com/blog/6-reasons-to-engage-an-attorney-when-buying-your-first-home/ https://www.prolawguide.com/blog/6-reasons-to-engage-an-attorney-when-buying-your-first-home/ Editor Sat, 23 Apr 2022 23:49:37 -0400
How Long After Citizenship Application Will Naturalization Oath Ceremony Be Scheduled? Say you have already applied for citizenship. You may be wondering when the oath ceremony will be scheduled.

The short answer is six to eight months.

But to learn more about your naturalization ceremony and when your oath ceremony is scheduled, read on below.

The Naturalization Process

Naturalization is the process where you become a U.S. Citizen after meeting the requirements.

You can apply for this if you:

  • Are a child of a U.S. Citizen
  • Married a U.S. Citizen
  • Have a permanent resident card held for five years
  • Served the U.S. Armed Forces

If you are indeed eligible, you may proceed with the following steps:

Step 1: Application

The first step is to file the N-400 or the application for naturalization.

It's best to hire an attorney from a reputable law firm to help you out with this. They can help ensure that your answers are correct and all the documents are complete.

This will save you the pain of getting a request for evidence (RFE) from the US Citizenship and Immigration Services.

Remember that an RFE will add a few more weeks or months to the timeline mentioned above.

Step 2: Biometrics

You should receive a Form 1-797C (appointment letter) within a month of filing your application.

This is a notice for you to attend your Biometrics interview, where a USCIS officer will take your photo, prints, and signature.

Again, it's important to bring all the necessary documents to this appointment. This will help you avoid a second Biometrics schedule that further delays your United States citizenship application.

Step 3: Naturalization Interview and Exam

Once all things are in order, a USCIS official will send you another letter. This will bear the date and location of your citizenship interview and the documents you need to bring to the local USCIS office.

If you can’t attend your interview, you may send a letter requesting to do it on a new date. But attorneys advise against this as the next available schedule may be weeks or months later.

Apart from your interview, you will need to take an exam. This will help the USCIS officer gauge your English skills and Civics knowledge.

If everything goes well, you will be notified of your approval on the date itself or up until 120 days from the date.

You can still retake if you fail the exam. It will be scheduled 60-90 days later. As this will again delay your swearing-in ceremony, it's wise to review for your exam and ace it!

Step 4: Naturalization Oath Ceremony

Once you've passed your interview, you can proceed with the final step: the naturalization ceremony.

Depending on the circumstances, you may have it on the same day. If not, you will receive a form N-445, with your oath ceremony scheduled 2-6 weeks later.

What Happens at Naturalization Ceremonies?

Upon arrival at the location, you first need to check in with a USCIS officer. They will review your answers on form N-445 or Notice of Naturalization Oath.

Next, you will need to surrender your green card if you've been granted permanent residence, which might not always be the case if you are on military service.

Finally, you may take the Oath of Allegiance.

In a nutshell, it covers the following principles:

  • Support and defense of the constitution against all foreign or local enemies
  • Renunciation of your fidelity to any foreign prince, state, or potentate
  • The right to bear arms, perform noncombatant service, or complete work of national importance

If it's an administrative ceremony, the USCIS administers the pledge. If it's a judicial ceremony, the court administers the oath ceremonies.

Once your scheduled naturalization ceremony is done, you will be given your Certificate of Naturalization.

Make sure to check for errors. If there are any, have them corrected at the USCIS offices right away.

What Can You Do After Your Naturalization Ceremony?

Once you're a U.S. Citizen, you will be eligible to get a U.S. passport.

In fact, you'll receive an application form for this inside your Welcome Packet. You may also get a form online or in a Post Office near you.

Passport processing takes six weeks or longer, so make sure to plan your travels properly after filing.

After swearing the Oath of Allegiance, you can also register to vote. You may do this at any of the following locations:

  • Post Office
  • Motor Vehicle Office
  • County Board of Election
  • Secretary of State local office

As a naturalized citizen, you're also mandated to update your Social Security record. You can do this by submitting Form S-5 through mail or the local SSA office.

Final Thoughts

To wrap things up, it will take you 6-8 months after filing your application to get your scheduled naturalization ceremony. If you don't want this to get delayed by a request for evidence and other factors, make sure to hire a lawyer who can guide you through the process.

]]>
Uncategorized https://www.prolawguide.com/blog/how-long-after-citizenship-application-will-naturalization-oath-ceremony-be-scheduled/ https://www.prolawguide.com/blog/how-long-after-citizenship-application-will-naturalization-oath-ceremony-be-scheduled/ Editor Fri, 25 Mar 2022 05:08:15 -0400
What Does a Personal Injury Attorney Do? An injury lawyer represents clients who have been psychologically or physically harmed due to another person's, company's, or government entity's negligence. Jason Stone Injury Lawyers serving Massachusetts are a great example of injury lawyers.

Personal injury lawyers practice in the field of tort law. Public or private wrongdoings or injuries are dealt with in this department, as well as monetary and non monetary damages. The harm to someone's reputation, rights, or property occurs when actions of bad faith or breach of contract are committed.

Even though personal injury lawyers are licensed to practice in all areas of law, they typically handle issues involving tort law, such as job injuries, defective products, slip-and-fall accidents, road accidents, and other related mishaps. Personal injury lawyers assist their clients in obtaining recompense for their losses. Loss of earning capacity, incapacity to perform usual duties, suffering, and discomfort are all examples of these losses. They also include potential costs such as lost companionship, legal bills, emotional discomfort, and attorney fees.

So What exactly does a personal injury attorney do?

When it comes to assisting their clients, personal injury lawyers have a lot of responsibilities. As part of these responsibilities, attorneys must adhere to ethical and professional standards, in addition to restrictions set by the professional organizations that license them. Lawyers can file complaints in court, debate cases, produce legal papers, and provide professional legal advice to personal injury plaintiffs once they have been licensed to practice law by the state bar association.

Personal injury attorneys are solely responsible for speaking with and interviewing clients as well as evaluating their cases. They then go on to identify the key points in the client's case and research to establish a strong argument. After a victim has suffered losses and suffering, it is the job of a personal injury lawyer to make sure they are compensated and are justly compensated. Client counseling, advocacy, legal advice, and oral arguments are all used to accomplish this. When both parties are unable to achieve an agreeable agreement, the case usually goes to trial.

When working with clients, personal injury lawyers are supposed to adhere to a set of strict legal ethics guidelines. While the specific standards differ by jurisdiction, each lawyer is obliged to examine legal issues while exerting due diligence in whatever legal transaction they are involved in. They have a duty of confidentiality and commitment to plaintiffs as they work to preserve their client's interests rather than their own.

How much does it cost to hire a personal injury lawyer?

Plaintiffs can choose from a variety of payment options, including flat fees, hourly rates, and retainers. Some of the factors that influence fees include energy, time, difficulty, prominence, and a lawyer's experience. The contingency fee is the most typical choice. The client is protected since payment is contingent on the case's success. After a successful trial or settlement, the lawyer obtains a percentage of the granted amount. The average grade is 30% of the total amount awarded. A typical alternative is to charge by the hour. The plaintiff pays for each hour the lawyer defends them in this situation.

]]>
Uncategorized https://www.prolawguide.com/blog/what-does-a-personal-injury-attorney-do/ https://www.prolawguide.com/blog/what-does-a-personal-injury-attorney-do/ Editor Wed, 09 Mar 2022 03:09:09 -0500
Why Are Paraquat Lawsuits Being Filed? Over the past few years, an increasing number of lawsuits have emerged throughout the United States, morphing into a class-action lawsuit against a commercial herbicide known as Paraquat or Gramoxone. This herbicide has been linked to the development of Parkinson’s disease, a neurological disorder, due to exposure to the chemical. Various Paraquat manufacturers have been implicated in a Paraquat lawsuit, including Growmark, Syngenta, Chevron Chemical, and more. More than seven hundred such lawsuits have been filed in MDL (Multidistrict Litigation), with the possibility of many more lawsuits in the future.

About Paraquat Lawsuits

According to hundreds of farmworkers, occupational exposure to this industrial herbicide has put them at an increased risk of developing early-onset Parkinson’s disease. Since the original lawsuit in 2017, more than seven hundred lawsuits have been filed throughout the United States, with plaintiffs coming forward and joining the developing class action lawsuit.

Aside from the lawsuits that are already awaiting trial in states like Illinois, hundreds more of such cases are expected to arise in the near future.

A class-action lawsuit against the responsible chemical manufacturing companies is expected to not only bring justice to the affected farmers but also result in a financial settlement, as is expected according to the outcomes of similar class-action lawsuits. Various peer-reviewed researches published in esteemed medical journals have pointed out a link between Parkinson’s disease and Paraquat exposure.

Paraquat and Parkinsonism

Paraquat is an industrial-strength weed-killer that has been used as a herbicide for over six decades. The chemical is invariably toxic to humans and can result in an assortment of injuries and long-lasting damage if accidentally consumed. Throughout the troubled history of this herbicide, many organizations, including the EPA (Environmental Protection Agency) and MJFF (Michael J. Fox Foundation), have publicly raised concern against the use of this chemical, suggesting that the government ban the use of this industrial herbicide since it has been known to cause injury and death in humans. Despite the outrage against this chemical, it has not been banned and in fact, is being used now more than ever.

Parkinson’s disease is a neurological condition that impacts the movement of the body and is related to a deficiency of a neurohormonal chemical called dopamine in the human brain. The lack of dopamine results in a movement disorder that starts insidiously with tremors, rigidity, slowing of body movements, shuffling gait (walking while leaning forward), restlessness in legs, and other neurological symptoms. The disease has a multifactorial etiology, with one of the factors being environmental exposure to chemicals like herbicides, pesticides, pollutants, etc.

The usual age of onset for Parkinsonism is sixty years, with most patients reporting symptoms starting in the late middle age. The cases that have been linked to Paraquat exposure, however, show an early onset of the disease, raising an important point of concern regarding a preventable cause of disease and early death in farmers and people who live near farms where this harmful chemical is used. According to medical experts, exposure to Paraquat can increase the risk of early-onset Parkinson’s disease by up to three-fold, which is an alarming figure for a chemical that is still being used worldwide.

Conclusion

Lawsuits against Paraquat manufacturers are on the rise in the United States, and the class-action lawsuit is expected to go global, considering the widespread use of the herbicide in farms around the globe. If you or your loved one got affected by this situation, you might be able to file a lawsuit against the company responsible for your medical ailment. Contact an experienced attorney today to learn more about these lawsuits and how to become part of the concerted effort against this harmful chemical.

]]>
Uncategorized https://www.prolawguide.com/blog/why-are-paraquat-lawsuits-being-filed/ https://www.prolawguide.com/blog/why-are-paraquat-lawsuits-being-filed/ Editor Tue, 08 Mar 2022 22:39:40 -0500
What are my Rights if I Slipped and Fell at an Amusement Park? Slip and fall accidents while at visiting an amusement park should not happen because it is supposed to be a safe and family-friendly entertainment area. Unfortunately, such premises turn out to be a nightmare for many people every year. Casualties usually sustain injuries such as bruising, lacerations, spinal cord injuries, heart attacks, head injuries and fractures among others. Moreover, common theme park problems include drowning, animal bite, ride malfunctions, parking lot accidents and roller coaster accidents among others.

If you have been involved in a slip and fall accident at an amusement park, you may qualify to file a lawsuit if the incident happened because the ground owners or workers were negligent and did not provide a safe environment for the visitors. The operators must remove hazards on their properties, ensure they provide proper security and properly maintain the rides. The property owners can be held liable if they did not try to fix any dangerous conditions on the carnival grounds. It is crucial to be very aware that:

Carnival owners owe you duty of care

All carnivals usually post the safety rules of the different rides. Moreover, they always have ride operators who guide and monitor the visitors, to ensure everyone is following the safety protocols to avoid injuries. They ensure every visitor who wants to go on the rides has fulfilled the physical conditions necessary to do so, including height and age requirements.

Moreover, the carnival officials or owners have a duty to keep the premises safe for every visitor. This includes properly maintaining the stairs, walkways, handrails and other surfaces. Moreover, the officials should warn visitors of any dangers in the premises, clean up any spills or slipping dangers, ensure the handrails and stairs are safe for use and repair any worn out or damaged amenities that pose a danger to people. If the officials and workers fail to do these duties, you are entitled to sue them should you sustain injuries because of their negligence.

You have the right to file a lawsuit

Carnivals and other entertainment areas are fun and distracting. Therefore, if you slip or trip and sustain injuries while watching rides, eating food or being distracted, you can still sue the owners and stand a chance of getting compensation. However, this can only happen in some states in America, where there they apply modified comparative negligence. This means, the victim can get compensated if they are less than 50% responsible for the injuries they have sustained.

Save documents and keep a journal

You can prove your damages in court by using evidence like receipts, medical bills and bank records. These documents clearly show the financial damages you incurred from lost income or medical costs. However, you should also keep a journal detailing your experiences of pain and suffering. Pain and suffering can be tough to prove in court but your testimony of your personal experiences such as the pain, symptoms and emotional effects could help you prove it in court.

What you’re entitled to

If you sustain injuries in such incidents, you can file for compensation for your medical bills, pain and suffering or any lost wages. Moreover, the amount of compensation depends on the severity of injuries, the amount of medical bills, the lost income and the level of pain and suffering. If you have sustained minor injuries, you should seek assistance from the hospital to prevent them from becoming worse.

Conclusion

If you or your loved one sustained an injury in a carnival ground, can an attorney help you file your lawsuit. The officials and workers owe you a duty of ensuring the premises are safe for you and your loved ones. So, if your injuries resulted from their negligence, save documents and contact an attorney to sue them.

]]>
Uncategorized https://www.prolawguide.com/blog/what-are-my-rights-if-i-slipped-and-fell-at-an-amusement-park/ https://www.prolawguide.com/blog/what-are-my-rights-if-i-slipped-and-fell-at-an-amusement-park/ Editor Mon, 07 Feb 2022 22:46:32 -0500
What Are My Chances of Beating a First Offense DWI Case? The largest block of DWI cases in almost every state involves someone charged with a first offense. There are numerous considerations that play into the mindset of someone facing first drinking and driving charge, for example, is it worth investing the money to hire an attorney. The answer to this question and many others invariably comes down to the chances of beating the case. This article is intended to provide a thumbnail of the opportunities that exist for someone to successfully defend a first offense DWI.  

There are many issues that can help a motorist avoid a conviction for a first offense. First and foremost, there is scientific evidence in the form of a breath or blood test that is ripe for attack. In fact, there are strict protocols that the police need to follow before the related blood alcohol concentration ("BAC") result can be used to prove guilt. For example, there cannot be contamination of the defendant's breath cavity with mouth alcohol or another substance. Even a burp contemporaneous with the test can render the result inadmissible. This is but one example of many that can render an otherwise valid reading inadmissible to prove the first offense for DWI/DUI. Electronic or radio frequency interference is another frequently raised defense to exclude a breath test reading (i.e. there was a cell phone or other electronic device that interfered with the operation of the breath test device). 

Similar defenses exist when a first offense is based on a blood sample. Typically, the only way a BAC reading from blood is available for use in a court is if an official blood kit from law enforcement is used and the sample is properly taken. It is crucial that records demonstrate a chain of custody showing each and every person and entity that handled the sample once it is drawn to the point that it reaches the laboratory. If there is a gap in the chain, the sample and any related test result are inadmissible in court to prove the first offense for DWI. There are also laboratory and technician certifications that must be presented as foundational documents or the result is invalid. 

Eliminating scientific evidence of BAC certainly is not, however, the only way to beat a first DWI. There are other issues that can be raised by a motorist arrested for drunken driving to escape the first offense. First and foremost, there has to be a reasonable basis for the DWI stop or probable cause is lacking, and the charge cannot be sustained by the state. This usually contemplates some form of motor vehicle violation witnessed by the arresting police officer. And even where a stop is proper, the police must also prove that the driver failed roadside tests, otherwise, there is no valid basis for the police to take the accused into custody.

We certainly hope you found this information helpful if you were issued a summons for a DWI and this is your first offense.

Jonathan F. Marshall

Firm Owner, Attorney | The Law Offices of Jonathan F. Marshall
(o) 732.450.8300 | (f) 732.450.8377

]]>
Uncategorized https://www.prolawguide.com/blog/what-are-my-chances-of-beating-a-first-offense-dwi-case/ https://www.prolawguide.com/blog/what-are-my-chances-of-beating-a-first-offense-dwi-case/ Editor Wed, 02 Feb 2022 02:59:45 -0500
Learn About Los Angeles Employee Sexual Harassment Lawyers

What Employees Need to Know About Los Angeles Sexual Harassment Lawyers

Employees face sexual harassment in all types of employment establishments in Los Angeles. Employees may face sexual harassment in retail, restaurants, offices, warehouses, schools, government offices, construction, or other types of employment atmospheres. Los Angeles sexual harassment lawyers can work with employees to help them get justice against sexual harassment in Los Angeles.

Los Angeles sexual harassment lawyers can help employees understand what creates a claim for sexual harassment and their rights when fighting against it. They can help you advocate for your rights, whether in settlement negotiations or in front of a judge and jury.

Before you choose a Los Angeles sexual harassment lawyer to help you with your claim, you should learn as much as you can about the lawyers in your area and their approach to helping employees fight sexual harassment.

Is Your Sexual Harassment Lawyer Licensed in Your State?

The first step in finding a Los Angeles sexual harassment lawyer is to ensure he is licensed to practice law in Los Angeles. While a New York City sexual harassment lawyer may be an expert in New York City sexual harassment law, he cannot help you in Los Angeles.

You must work with a licensed Los Angeles sexual harassment lawyer to ensure your case has its day in court. Otherwise, your case can get thrown out of court before the court ever has a chance to hear your complaint.

Will Your Los Angeles Sexual Harassment Lawyer Fight Vigorously for Your Rights?

The main purpose of working with a Los Angeles sexual harassment lawyer is to have an advocate on your side that will fight for your rights. A qualified Los Angele sexual harassment lawyer has the ability to fight for your rights.

However, you want a compassionate and experienced sexual harassment lawyer to care about you and your claim. When they take a special interest in your case, they will fight for your rights as though you were their own family member or friend.

Only when your Los Angeles sexual harassment lawyer cares about you as more than a client will they vigorously right for your rights. They will begin the process throughout settlement negotiations. However, if your boss refuses to settle, they will advocate for your rights with a judge and jury. They will ensure your story is heard, understood, and believed.

Does Your Los Angeles Sexual Harassment Lawyer Have a Successful Record Helping Employees?

Anyone can claim to be a sexual harassment lawyer. However, not every sexual harassment lawyer is good at their job. A good Los Angeles sexual harassment lawyer will have an excellent record of helping employees fight sexual harassment in the workplace.

You should not be shy. You should feel comfortable asking your lawyer about their record when it comes to helping employees fight sexual harassment in the Los Angeles workplace. Your Los Angeles sexual harassment lawyer should have a record of advocating for their clients to ensure they get all they deserve in the legal process. They should fight to settle cases early throughout the legal process. However, they should also have the ability to fight with confidence in court and help you tell your story in front of a judge and jury.

Will Your Los Angeles Sexual Harassment Lawyer Work to Settle Your Claim Quickly and Effectively?

An experienced sexual harassment lawyer knows that each sexual harassment case is different. They also know that employees fighting sexual harassment in the workplace are suffering from related issues, such as depression, anxiety, and even PTSD. As a result, they know the best course of action is to help their clients get through the legal process as soon as possible.

Ask your sexual harassment lawyer about their willingness to negotiate a settlement with your employer early in the litigation process. You want to work with a Los Angeles sexual harassment lawyer that is willing to negotiate with your employer before they even file a lawsuit on your behalf. Their goal should be to make the process as easy and painless as possible. They should avoid forcing you to face your harasser if possible. As a result, you will not need to relive your trauma.

In the end, you should trust your Los Angeles sexual harassment lawyer to keep your best interests in mind. They should advocate for you as though you are part of their circle of friends and family. They should care about your experience as much as they care about the lawsuit's outcome.

Call the Los Angeles Sexual Harassment Lawyers to Help You Fight for Your Rights.

You deserve to work with a Los Angeles sexual harassment lawyer who has the experience and compassion to help you get the justice you deserve. The sexual harassment lawyers at the Derek Smith Law Group in Los Angeles can help you fight for your rights while giving you the compassion you deserve. Call us today at (310) 602-6050 for a free consultation.

]]>
Uncategorized https://www.prolawguide.com/blog/learn-about-los-angeles-employee-sexual-harassment-lawyers/ https://www.prolawguide.com/blog/learn-about-los-angeles-employee-sexual-harassment-lawyers/ Editor Thu, 13 Jan 2022 03:16:08 -0500
6 Great Tips From Our Lawyers About Filing for Personal Injury It can be frustrating to be involved in any type of accident. Fortunately, a personal injury law firm in NYC can help you. It is also important for you to take the proper steps after the accident in order to ensure that you get the maximum compensation. You need to do the following.

Preserve Evidence

The judge relies on evidence in order to decide whether you are compensated. The amount of evidence that you have will also determine the maximum compensation that you can get. The more evidence that you have, the better. There are several ways that you can preserve the evidence.

Take photos of the scene before you leave it. If anyone else witnessed the accident, then you should get their contact information before they leave. It is also a good idea for you to get a copy of the police report. Take this information to your personal injury law firm in NYC. They will have the evidence that they need to build a strong case for you.

Get Medical Treatment

You may not be sure about how badly you are injured. It is possible for you to feel fine even if you are seriously injured. That is why it is a good idea for you to see a physician after your accident. It is also important to note that the insurance company may try to say that your injuries are not the result of the accident if you do not get medical treatment.

A doctor will be able to provide you with accurate information about your condition that you can use to support your claim. Keep all of the records that you get from your physician. It is also important for you to follow your physician's treatment recommendations. This will help you heal a lot faster.

If you have to go to physical therapy or occupational therapy, then you should also keep a record of those visits. You may be able to get additional compensation for the time that you have to spend in physical therapy and occupational therapy.

Act Quickly

In most cases, you have about three years to file a claim. This is when the Statute of Limitations will likely expire. You likely won't be able to file your claim after the Statute of limitations has expired.

You should retain a personal injury attorney as soon as you can. The sooner your attorney starts working on the case, the sooner you will be able to get the money that you need. You can also avoid having a long and drawn out case, which will allow you to focus more of your attention on healing and getting better.

Take Your Future Damages Into Account

Your current medical expenses and lost wages are not the only thing that you can be compensated for. If you have future lost wages and medical expenses, then you can also be compensated for that. Here is an example of how you can factor in future expenses.

For example, your leg was severely broken in an accident. You may require several surgeries in the future. Your attorney can estimate how much each procedure will cost. They will then make sure that each one of these expenses is taken into account.

Careful Use Social Media

You may want to talk about your accident and injuries on social media. However, it is a bad idea for you to do this. Anything that you have on your social media accounts can hurt your case. For example, if you post vacation pictures, then the insurance company can say that you are not really injured because you can go on vacation.

It is best to deactivate your social media until after your case is finished. This will eliminate the temptation to post something that could ruin your case.

Be Respectful

If you have to go to court, then the way that you present yourself can affect your case. Make sure that you dress appropriately for court and show up on time. You will also need to treat every party that is involved in the case with the utmost respect. Additionally, it is important to be careful when you speak and listen to what the other people are saying.

]]>
Uncategorized https://www.prolawguide.com/blog/6-great-tips-from-our-lawyers-about-filing-for-personal-injury/ https://www.prolawguide.com/blog/6-great-tips-from-our-lawyers-about-filing-for-personal-injury/ Editor Sat, 01 Jan 2022 07:00:37 -0500
How Alexandra Lozano Became a Respected Lawyer Success as an immigration lawyer takes years of hard work and dedication. Even when things look bleak, successful ones help clients achieve the life they want to live.

How did Alexandra Lozano build her firm up as one of the top choices for immigrants looking to stay in the United States legally? With more than a decade in practice, Alexandra Lozano Immigration Law has respect in the industry for finding results in various unique situations.

Early Life and Family

Alexandra Lozano has always had a connection with immigrants in the United States. Her grandparents immigrated from Italy and the Czech Republic, with her grandmother receiving asylum in the United States. Life coming over to the United States for them had its challenges, and Lozano understands that she would not be where she is today without their persistence.

Her husband also has a connection to immigration. He is originally from Mexico and helps run Abogada Alexandra law. Because he’s a native of Mexico, all of their children are first-generation Americans on his side.

Lozano spent her undergraduate years at the University of South Florida and then attended Seattle University School of Law. After graduating in 2008, she started working in immigration law before founding Alexandra Lozano Immigration Law in 2012.

Simplifying Complex Issues

For the average client, immigration law can seem like a very confusing process in general. Lozano realized that struggle early on in her career. Since launching her firm, Abogada Alexandra’s focus has been on simplifying complex issues and keeping clients in the United States instead of being deported. Her firm can handle the entire process without ever leaving the United States in many cases.

VAWA I-360

The Violence Against Women Act allows victims of a spouse of a US citizen or lawful permanent resident or parent of a child who is 21 or older abused in the United States to apply for a green card. It is a complex issue and a tool that many undocumented people are unaware of. Lozano explains everything, takes care of the details, and works quickly to apply for legalization.

T Visas

Another area where Lozano has helped many clients is using the T Visa. This Visa is used when someone is a victim of human trafficking. Victims have the right to immigrate to the United States under certain circumstances, and the Alexandra Lozano Immigration Law Firm will look at each client's case to see what can be done. Speeding up this process is ideal for the client since they are dealing with such a sensitive part of their life.

Deportation and Criminal Convictions

Complex cases are sometimes not accepted by law firms. Many don’t have the time or the resources to tackle issues such as deportation or criminal convictions. For Lozano, her team looks at all of these issues as a new challenge to make an impact.

Every path to success is explored using creative solutions and zealous legal strategies. While some clients may have lost some level of hope in their situation, Abogada Alexandra makes every effort to make life-changing moves for them.

This dedication has helped build her reputation as one of the best in the United States at handling seemingly hopeless situations. These complex cases usually carry a unique sense of pride for her and her team.

Embracing Social Media

The rise of social media has allowed Abogada Alexandra to grow her impact as an immigration lawyer. While there are a lot of fun and games found on social media, Lozano saw this as a business opportunity to grow and build respect in the industry.

People worldwide check in on the major social media platforms to see what’s going on. Abogada Alexandra has created content for the Latino community, building relationships through videos one post at a time.

In particular, TikTok has been an excellent opportunity for Lozano to grow her audience. The reason why she has had success comes down to being informative and helpful in every post. It’s also seemingly effortless to contact Alexandra Lozano’s office through TikTok for anyone wanting more information.

This unique outreach didn’t seem possible even a few years ago for a law firm. Abogada Alexandra’s strategies have helped many find immigration lawyers and what they can do to serve their clients. It’s a perfect example of social media being used for quality and educational purposes. Those eligible for certain visas might not have a clue until they see her videos.

Results That Matter

Ultimately, any law firm can promise the world, but if they can’t get results for the clients, it’s not going to matter. Abogada Alexandra Lozano has built respect steadily through the years with each client’s positive result.

Abogada Alexandra has worked directly with the Latino community since launching her firm. She understands how sensitive some topics can be for her clients, but her legal strategies can be the necessary change to live a better life in the end. It’s a results-driven industry, and she’s one of the best at getting them.

More on Alexandra Lozano’s Immigration Law

To learn more about all the different types of cases in Alexandra Lozano Immigration Law, visit their website at abogadaalexandra.com or social media @AbogadaAlexandra.com. New clients can set up a consultation, and there are a variety of resources to read through as well.

]]>
Uncategorized https://www.prolawguide.com/blog/how-alexandra-lozano-became-a-respected-lawyer/ https://www.prolawguide.com/blog/how-alexandra-lozano-became-a-respected-lawyer/ Editor Tue, 28 Dec 2021 22:05:39 -0500
Top Common Mistakes To Avoid When Hiring An Immigration Lawyer It is not an easy thing to move to an entirely new country because a lot of different procedures are involved in it legally. There is a lot of paperwork that needs to be handled and the process is very lengthy as well. In that case, you do not have the stamina and time to do everything by yourself when you are already moving to another country.

If you are going through such a situation in your life then you should get in touch with a professional immigration lawyer to help you out with this record so you can save a lot of money and time. However, it can be quite challenging to get in touch with the right professional because there are so many available out there. You don't have to worry about that anymore because we will equip you with enough knowledge so you can hire the right one for your Korean to your needs whenever you are moving to a new country for your immigration process.

In this article, we will discuss the top common mistakes to avoid when hiring an immigration lawyer.

 1. Lack Of Specialization

Before hiring a new immigration lawyer it is important to find out that they have the specialization that is needed to do all the paperwork and get you through. Many people make this mistake and they end up finding someone who does not have the specialization in a particular department.

So don't make the same mistake and look for the experts in the department and choose a professional who is an expert in immigration-related matters. After doing this they will be able to complete the process with expertise and everything will be done smoothly.

 2. Choose Without Comparing

The next mistake you can make when you are hiring an immigration lawyer is to choose without comparing them to someone else. When you are hiring an immigration lawyer you need to have at least four or five different options in your mind and then you can choose the perfect candidate for your case. You can shortlist different professionals and then book an appointment with each one.

During interviews, you will be able to get an idea about how professional they are and their expertise level by checking their communication skills and contact with you. If they seem reliable enough and answer all your questions, then you can go with them.

 3. Not Consulting Multiple Lawyers

This is another important thing to look out for and it is a mistake that many people make. Many people do not consult enough lawyers and then they end up getting scammed by them. So make sure that you interview and shortlist all the candidates and then hire the perfect one for you.

 4. Failing To Figure Out The Total Cost

Before hiring an immigration lawyer you need to figure out the total cost of everything and all your expenses. Make a list of all your possible expenses throughout the process and then it will make all the paperwork and managing the expense is much easier. You do not want to run out of money at the last moment and that is why you need to organize everything on time.

]]>
Uncategorized https://www.prolawguide.com/blog/top-common-mistakes-to-avoid-when-hiring-an-immigration-lawyer/ https://www.prolawguide.com/blog/top-common-mistakes-to-avoid-when-hiring-an-immigration-lawyer/ Editor Mon, 13 Dec 2021 09:25:57 -0500
Who Is On Your Side- Advocates Or The Insurance Company? Unfortunately, motor vehicle accidents in Atlanta are very common, and you may not be able to avoid them always. However, it is better if you are careful about your whereabouts when on the road. It is not always that your intentions are bad or that you are reckless on the streets; hence you may not want to hurt someone consciously. But things are not always perfect. On the other hand, you can experience a sudden mishap despite following traffic rules.

However, there are some ways or precautionary measures that you can follow if you want to avoid an accident:

  • Please take time to reach a venue, especially if you are driving a vehicle. If you have to reach a place at ten, make sure you keep at least an hour in hand and leave your home accordingly. If you leave late and are in a hurry, you will rush on the streets. This can bring upon great calamity to you and fellow passengers. 
  • Please do not forget to follow traffic rules whether you are driving or walking. Wait for the signal to go green before you start your car. Similarly, stop immediately when you see the red light. If you are crossing a busy road at night, wait for the signal and check the street once before crossing. At night wear dark colored clothes so that you are visible from afar. 
  • If your driver is taking charge of the wheels, ensure to give timely advice and instructions. It often happens that passengers give sudden instructions about taking a turn, which confuses the driver causing an accident. When you are on the streets, it is not just your safety that you should worry about, but think about the well-being of others as well.

Whom Should You Trust More- Lawyers or the Insurance Company?

If you are looking for compensation and help, you have to seek advice from an expert lawyer. The primary agenda of any insurance company is to secure the premium and pay out much less. Hence, you may inform your insurance company about the accident but do not share too many details with them or give a verdict about who is responsible.

The better way is to seek legal advice from your lawyer, who can help you determine the compensation that you deserve. Not just the tangible damage that an insurance company is liable to pay, but your emotional loss, suffering, lost wages, and other financial claims also need compensation. Hence, calculating your losses, framing a case, and ensuring that you get proper payment is the duty of a lawyer.

Only a legal advisor can help you through a case and successfully deal with the opposition. As a common person, you may not understand many aspects of the system, but you can be sure of the proceedings if you have a lawyer by your side. Moreover, a lawyer can attend meetings and draft cases that an insurance company can never do.

]]>
Uncategorized https://www.prolawguide.com/blog/who-is-on-your-side-advocates-or-the-insurance-company/ https://www.prolawguide.com/blog/who-is-on-your-side-advocates-or-the-insurance-company/ Editor Mon, 06 Dec 2021 22:31:43 -0500