Archive for November 7, 2014

Tips for Choosing a Personal Injury Attorney

Even in average circumstances, choosing an dwi attorney can be a difficult task. It’s even more so when you or a loved one has been injured. Personal injury attorneys have a wide variety of reasons for practicing. On one end of the spectrum, some are considered to be ambulance chasers. However, on the other end of the spectrum, they are considered a savior in your time of need.
To begin with, you should get in touch with the American Bar Association for a list of personal injury attorneys in your immediate area to locate an Attorney. You can visit their website for this information. Additionally, their website will offer you other very valuable legal resources that will help to prepare you for your journey.

Personal Injury

Next, talk to friends and family and see if they know of a good personal injury attorney. Getting advice from friends and family is extremely valuable because you’re able to find out the outcome of their case, and they can let you know how the attorney acted during the case. They can tell you whether he/she is quick to return phone calls, whether or not he/she was friendly, whether or not the attorney competently handled the case, and so much more. This is information you can’t get by simply cold-calling the attorney.

Chances are, you already have some sort of contact with an injury lawyer. Maybe you’ve had other legal issues in the past, or maybe there’s an attorney in your family or circle of friends. Whatever the case, ask them for a referral. Attorneys have friends who are attorneys, and will be able to give you a recommendation from a legal perspective, sending you to someone that they feel can handle your case.

Once you have a list of potential personal injury attorneys, it’s time to start making consultation appointments. In some cases, you may be able to get a free consultation, in other cases, you will have to pay for it. When you meet with an attorney, you will need to explain your case and then ask whether or not they have had experience with a case like yours. You will also want to ask what they think your chances of winning are and how much it is going to cost. If there is anything they can’t answer right there, ask them to get back with you at their earliest convenience.

Find out about all fees upfront. There’s nothing worse than hiring an attorney only to find out halfway through that you’re going to have to pay exorbitant fees. In most cases, personal injury attorneys allow you to pay them out of the settlement, if they feel you’re likely to get one. Make sure to get the fee agreement in writing and review it fully before you sign it.

Consider whether or not you’ll be able to get along with the attorney before hiring him/her. You’re going to be spending lots of time with them, so you need to be able to get along. A very small percentage of these cases actually enter the courtroom- the majority of them are settled out of court.

Ask for regular updates on your case, but be patient. Don’t call them every single day for an update. There are other cases going on besides yours and they can only do so much. If you slipped and fell at a store, he/she will have to wait until the store does their own investigation of the incident.

If the case is a total disaster and you feel like the attorney is completely incompetent, it’s time to fire him/her and find someone else who can better handle the case. Of course, this should be your last resort, but you should know that it is an option that is available to you.

Recent Changes in the Pardoning System

Every president has played a role in pardoning certain criminals who are currently in jail. In April, the Obama administration stated that it was working toward an “expedited process” for criminals who fall under certain criteria. These criteria include the following:

– Those who do not have a significant criminal history
– Criminals who do not have connections to large scale criminal groups or gangs
– Those who do not have a history of violence, before and during their current jail time.
– Those who have been in jail for at least a decade of their term
– Those who are noticed for their good behavior while in jail
– Those who, if they were charged for the same crime today, would have gotten a lesser sentence.

Prior to this, many professionals found it interesting that the arrangement did not talk about “first time guilty parties,” however rather concentrates on those without a “noteworthy criminal history.” They are very different, and are open to interpretation on all ends. That wording, while offering adaptability in the decision making, is sure to bring about issues when it comes to applying it. Those who read the wording may also note that the sympathy toward peaceful conduct before going to jail and “great behavior” in jail, meaning that they see the need to emphasize non-violent crimes. In the midst of all of this, a few people have started to question if “no history” excludes anybody with clemency or who have had their criminal history expunged (for example, those who were charged with crimes when they were minors and then got their records removed).

Of course, this brings up a number of different questions as well. How fast will the applications go through? Will people have to wait a long period of time still, or will the expedition process make it so that their application only takes a few weeks to get completed if they fit into those categories? What other issues could come up as a result of the whole thing? Could people get through that don’t have any right to get through at all? As time goes on, we will have to see how this gets applied and if the courts will have to step in for any part of the proclamation. There will, of course, likely be people who are opposed to these changes, but that’s how it works with any law that deals with pardons.

Pardoning System

Do Courts Have a Right to Your Phone Records?

A federal claims court will reexamine a prior decision in which a three judge board held that police require a warrant to acquire records from cell phone organizations that show where a suspect has been. Therefore, the eleventh U.S. Circuit Court of Appeals, situated in Atlanta, will rehear the case with a full group of judges partaking, instead of only three.

Is This Really as Big of a Problem as it Seems?

In June, the claims court decided that the legislature damaged the protection rights of a man who was sentenced after robbing several stores in early 2010. It was the first time a claims court ordered a warrant for cell phone area records, which are becoming more subject to government demands. Cell phone providers had to deal with more than 1 million state, federal, and local government and law enforcement demands for private records in 2012.
The general director for Verizon said in a letter to Congress that the quantity of solicitations to the organization multiplied in the previous five years. Because of this, they are concerned that this is a pattern that has all the earmarks of being a part of the cell phone business as a whole. AT&T alone got over 100,000 requests for client records for the first half of 2014.

Details Specific to The Case

In the case that we’re talking about here, prosecutors introduced cell phone records that set the man in question and his accomplices close to the scene of the burglaries. The proof included records of the phone towers to which their telephones were joined when they received and placed calls, as indicated by court archives.Phone Records

Prosecutors got a court request for the records, obliging them to demonstrate that the records were significant and that they were absolutely necessary for a progressing examination. However the eleventh Circuit decided that they needed to meet a higher standard: reasonable justification, or a logical conviction that an individual committed the crime in question. The Justice Department asked the full court to rehear the case. In choosing to rehear the case, the eleventh Circuit wiped out the June decision, signifying that there is no longer an unequivocal warrant prerequisite in the states of Florida, Alabama, and Georgia, which are the three states within that circuit.

So do the courts have the right to your phone records, or is that an invasion of privacy? It’s likely this case will continue to go up the chain of appeals courts, so we may see it go to the Supreme Court eventually.

Looking at Adoption Consent

Adoption consent is actually an important topic, because there is a lot being handed over when a birth parent gives up their child to be adopted. By giving up parental rights, you are giving up the right to raise and take care of that child, and allowing someone else to adopt them into their home and family. Because of that, it’s required that a lawyer witness and 2 other witnesses be present when papers are being signed for adoption outcomes.

The Court Case in Question

A recent court case (August of 2014) certified a family court’s choice not to end a birth mother’s parental rights in light of the fact that the birth mother was not in a place to provide consent at the time that the papers were being signed. Since not one or the other witness saw any of the discussion with the birth mother in regards to the adoption papers and the lawyer witness was clearly not present when the birth mother signed it, the Court of Appeals attested the family court’s determination that the Respondent couldn’t continue with the requested adoption, and that the birth mother still had a right to the child that they had birthed. Even though a case like this should not always result in this sort of action, in this particular case, the concern of the court was warranted and the birth mother was given her parental rights back.

So Why Was This the Outcome?

The motivations behind the necessities that are listed in 63-9-340 are to ensure that normal, everyday people comprehend the implications of what they are doing when they give up their parental rights. This is a really big deal. Given the gravity of this surrender, it is essential that birth parents comprehend what they are consenting to. In this particular case, it’s not evident that anybody really clarified to the birth mother what she was doing in consenting to surrender her parental rights. Given that condition, she had not truly surrendered these rights because she didn’t actually know what was going on.

So, in this case, the adoption would not go through. But that isn’t always the case – the circumstances will always change and they will vary based on what is actually going on in the situation and the state that the birth parent(s) reside in, because adoption laws do vary slightly based on the state that you live in.

Should a Lawyer Fight Back?

There was a recent case where a judge became very angry at the proceedings that were occurring. He said some very angry things to several of the people, including the person that was being tried. The issue was, the lawyer reacted quite poorly and ended up causing more of a mess with the situation than he would have had he just allowed it to go on the record and be dealt with later.

So What Happened?

One of the first things an attorney researches life in the court is that when the judge talks, you close your mouth and tune in. This is because the judge is in control, regardless of your reaction. That being said, when this specific lawyer stood up to defy the judge, the judge essentially threatened to take him out back and beat the daylights out of him. The lawyer made it a bit worse by trying to rile him up more and by continuing to goad him. But that’s not the lawyer’s role in this case – he should have, by all means, declined the offer, sat down, closed his mouth, and asked that that particular interchange be put on the record. That way, he could bring it up later on and get the judge dealt with properly.

Anger in the Court

Why do people continue to get angry in the courtroom? Obviously, there are a lot of emotions going on, but that doesn’t mean that judges and lawyers should be lowering themselves to yelling at each other throughout the entire case. Some judges will react and start yelling back, but that doesn’t solve the problem. Other judges will just wait for the lawyer to relax somewhat, sometimes by acting relaxed themselves and making the lawyer feel sheepish for yelling and screaming in the middle of the courtroom.

lawyer fightsTalking to Ned Khan, (Aurora Divorce Lawyer.) you aren’t supposed to simply ignore that it ever happened. There’s a way to go about it properly. In the event that a judge is out of line, it is not the employment of the attorney to fight back, however to verify it is written on the record. The fight can happen later, in a separate case, instead of during the case that they are trying to take care of at the moment. That way, the Aurora IL Personal injury lawyer can concentrate on helping their client for the time being, and then go back to the issue at hand later on.

Adoption, Surrogacy, and Child Custody

The term “family law” is actually a broad term that describes an area of law dealing with situations related to the family. A few of the situations under the umbrella of family law include things such as adoption and surrogacy, and child custody, support, and visitation. When it comes to the courtrooms in the USA, the family law are the most crowded and all walks of life are represented.

Following is a closer look at some of the things that family law covers:

A) Adoption and Surrogacy

When a person takes over responsibility for taking care of a child, it is known as adoption. In the case of adoption, all rights are taken from the biological parents and passed to the adoptive parents. Adoption is much different than guardianship or other systems in place to ensure children are properly taken care of. Adoption is a permanent change in status and is the main way that it can be ensured that children who are abused, neglected, are homeless, or have run away, can be taken care of.
Surrogacy is a situation where a woman carries a baby in her womb for someone else. There are two types of surrogacy:

1) Gestational- surrogate is made pregnant through the transfer of an embryo through IVF and the child is unrelated to the surrogate.

2) Traditional- surrogate is made pregnant artificially or naturally and the child is related to the surrogate.

In the USA, gestational surrogacy is much more common, due to the complications that can arise with traditional surrogacy.

B) Child Custody, Support, and Visitation

Two legal terms used to describe both the legal and practical relationship between a parent and child is custody and guardianship. This most often comes up when a divorce, annulment or other proceeding when a child is involved. Most of the time, the judge presiding over the case will take into consideration the best interests of the child. These are some of the nastiest of court battles.

Family LawChild support, also called “child maintenance,” is a payment made by one parent to the other in order to financially benefit the child. These payments are periodic- typically monthly- and are ongoing until the child is an adult or some other changes have occurred. Typically, the non-custodial parent makes these payments to the custodial parent. However, in some cases, the custodial parent may be required to make payments to the non-custodial parent. In the cases where custody is joint, the parent with the higher income is required to make payments to the one who has a lower income.

The periods of time that the non-custodial parent gets with the child is referred to as visitation.

Understanding Medicaid

When you look at the big picture, Medicaid is not “a” project, it is a few projects serving distinctive populaces with altogether different needs. Most people enlisted in Medicaid today are healthy (children are estimated to be around half of the Medicaid populace) and millions, in a better economy, would not be on the system on the grounds that they would be appreciating a larger amount of wage. Millions are on Medicaid in light of an unforeseen development – separation, loss of a vocation, loss of pay, or an unintended pregnancy. Numerous families who are on Medicaid today won’t be on Medicaid in several years or so.

Who Was Medicaid Meant For?

Medicaid CostsBe that as it may, a senior on Medicaid or a single person with a disability on Medicaid, will probably depend on the project for whatever remains of his/her life. Medicaid is, in substantial part, about how and where that senior or individual with a disability will live. Roughly two-thirds of Medicaid has been developed for the benefit of low-salary seniors and clients with disabilities, but only about half of that is actually being used for those populations. Does that mean that it is not effective? Absolutely not, but it’s interesting to see that there are more and more people using Medicaid benefits that weren’t intended to in the first place.

Does The Health Care System Need to Change Again?

Does that mean that Medicaid has to be changed? Possibly, but that would take a lot of work and would likely get a lot of pressure from outside organizations if it started to become a problem. Changing major laws like Medicaid is difficult, mainly because of the fact that people don’t really understand what these types of changes will do to the populations in question. Will it make it harder for them to obtain the insurance that they need? Will it make it so that there is less money to go around?

Many people will say that these questions wouldn’t come up if the healthcare system changed. Of course, that happened with the changes in the ACA, and now there are a lot of things that are up in the air about that law as well. In order for people to get the help that they need and the health care that they deserve, it would take a major revamp of the system. The problem is, people aren’t willing to change their views on these laws because they worry that the populations that these programs were intended for won’t be able to get what they need anymore.