4 Tips to Modifying Court Orders Post-Divorce – Guest Post

   

Modifying Court Orders Post-Divorce

Once a court issues an order, it generally cannot be changed without a showing of changed circumstances warranting the modification. The process and standard for modification vary by state, but most often, the party seeking the modification has the burden of proving that a change in circumstances justifies the relief requested. If you are seeking to modify a court order post-divorce, here are four tips to keep in mind.

Understand Your State’s Standard for Modification

Each state has its own rules and procedures for modifying court orders. You will need to familiarize yourself with your state’s specific requirements before you even begin the process. In some states, the standard for modification is very high, and courts are hesitant to grant modifications except in extreme circumstances. In other states, the standard is more relaxed, and courts are more willing to grant modifications if there has been a significant change in circumstances. Knowing your state’s standard will help you determine whether or not it is worth pursuing a modification in your case.

Be Prepared to Show a Change in Circumstances

As mentioned above, most states require a showing of changed circumstances before a court will even entertain a motion to modify an existing order. Changed circumstances can include things like a change in job status, income, or living situation. If there has been no change in circumstances since the original order was issued, it is unlikely that a court will grant your request for modification.

Prove that the Change in Circumstances is Permanent or Substantial

In addition to showing that there has been a change in circumstances, you will also need to prove that the change is permanent or substantial enough to warrant an official change in rulings. A temporary and minor change in circumstances is not usually enough to warrant a modification of an existing court order. For example, if you lose your job but then find another job within a few months, this would not likely be considered a permanent or substantial change warranting a modification of things such as child support payments or alimony. However, if you lose your job and cannot find another one after several months of searching, this could be considered a permanent or substantial change justifying a decrease in payments.

Seek Legal Help

After a divorce, it is not uncommon for one or both spouses to seek a modification of an existing court order as their lives progress and change. The process of modifying a court order can be complicated and confusing, however, which is why it is so important to seek legal help from an experienced family law attorney. Divorce lawyers will be able to guide you through the process and help ensure that your rights are protected every step of the way, and that you can get the best outcome possible while making changes to previous rulings. If you are considering seeking a modification of an existing court order, contact a divorce lawyer today to schedule a consultation.

If you find yourself needing to modify an existing court order post-divorce, there are certain things you should keep in mind throughout the process. First and foremost, understand your state’s specific requirements and standards for modification. Next, be prepared to show that there has been a permanent or substantial change in circumstances since the original order was issued which warrants relief from the current order. Lastly, seek legal help from an experienced family law attorney who can assist you throughout this often complicated process.

Commercial Lease Law and Why You Need a Lawyer – Guest Post

   

Commercial Lease Law

Being a landlord to a residence or a store is similar in that you’re responsible for and own the property being used. As a result, you’re likely going to want to take care of the property and want to see it being used to the best of its ability. When it comes to real estate law, it’s best to have the right experts on hand. Especially so when it’s a business that’s using your property.

Commercial Versus Residential

Commercial leases are typically more complex than residential leasing agreements, and laws that apply to commercial leases can be quite different from those that apply to residential leases. Commercial leases often contain clauses specifying the length of the lease term, the tenant’s rights and restrictions with respect to subleasing, and what the tenant may or may not do to the physical property. In addition, commercial leases may contain provisions requiring the tenant to maintain certain insurance coverage, to comply with fire and safety codes, and to pay property taxes. Given the complexities of commercial leasing agreements, it is advisable for tenants to seek the counsel of an experienced attorney before signing a lease.

What’s In a Good Leasing Agreement

When drafting a commercial lease agreement, there are a few key points to consider. First, the commercial tenant should look at the commercial space and determine what type of improvements they want or need to make over time. This will help the commercial tenant to understand how long the commercial lease term can be and if any special provisions (e.g., a right to renew) might be included in the commercial lease agreement. Additionally, commercial tenants should look at any restrictions that may be placed on their use of the commercial space, including zoning restrictions and other regulations that may apply.

Strategies for Protection

When it comes to commercial lease law and protecting yourself as a landlord, you need to make sure that your commercial lease contract is as thorough and legally sound as possible. This includes spelling out every detail of the commercial leasing agreement, including a detailed description of the commercial space and any improvements that will be made. Additionally, landlords should include key terms such as the commercial tenant’s rights and responsibilities, termination provisions, and any applicable restrictions. Finally, commercial landlords should include a provision that requires all commercial tenants to provide proof of insurance at the start of the lease term.

In conclusion, commercial lease law is complex and requires the help of a lawyer to ensure all parties are aware of their rights, responsibilities, and any potential legal implications. A good commercial lease agreement should be thorough, legally sound, and protect the interests of both landlords and tenants. By working with an experienced commercial real estate attorney who understands commercial lease law, landlords can ensure that their commercial leases are fair and protect them against any potential legal risks.

How to Remove a DUI Offense From Your Record – Guest Post

   

Remove a DUI Offense

DUI offenses can have serious consequences, both in terms of legal repercussions and personal and professional embarrassment. If you’ve been convicted of a DUI offense, you may be looking for ways to remove it from your record. Fortunately, in some cases, it is possible to have your DUI offense expunged from your record.

Introduction to DUI Offenses

A driving under the influence (DUI) offense is a criminal offense that occurs when a person drives a vehicle while impaired by alcohol or drugs. Depending on the severity of the offense and the laws of the state, DUI offenses can be charged as either a misdemeanor or a felony. In some states, DUI offenses are considered “wobblers”, meaning that they can be charged as either a misdemeanor or a felony depending on the circumstances.

In addition to the legal repercussions, a DUI offense can also have serious personal and professional consequences. A DUI offense can lead to a suspended license, increased insurance costs, and difficulty finding employment or housing.

Overview of Laws and Regulations Regarding DUI Offenses

The laws and regulations regarding DUI offenses vary from state to state. Generally, the penalties for a DUI offense range from a fine and probation to jail time and a suspended license. In some cases, a judge may also order the installation of an ignition interlock device, which requires the driver to blow into a breathalyzer before the vehicle can be started.

In all states, a DUI offense is considered a severe offense, and a conviction can have serious consequences for your driving record and criminal record.

Different Forms of DUI Offenses

There are several different forms of DUI offenses, including first-time DUI offenses, multiple DUI offenses, and felony DUI offenses.

A first-time DUI offense typically involves a fine and/or probation, and may also include the loss of your license for a period of time. In some cases, a judge may also order the installation of an ignition interlock device.

Multiple DUI offenses are considered more serious than a first-time offense and may result in more serious penalties, including jail time, a suspended license, and the installation of an ignition interlock device.

Felony DUI offenses are the most serious form of DUI offense and can result in jail time, a suspended license, and the installation of an ignition interlock device.

Penalties for a DUI Offense

The penalties for a DUI offense vary depending on the severity of the offense and the laws of the state. Generally, the penalties for a DUI offense include a fine and probation, jail time, a suspended license, and the installation of an ignition interlock device. In some cases, a judge may also order community service and/or alcohol counseling.

In addition to the legal penalties, a DUI offense can also have serious personal and professional consequences. A conviction for a DUI offense can lead to increased insurance costs, difficulty finding employment or housing, and embarrassment.

How to Remove a DUI Offense From Your Record

In some cases, it may be possible to have a DUI offense expunged from your record. Expungement is a legal process by which a criminal conviction is removed from a person’s record.

Expungement is not available in all states, and the laws and regulations regarding expungement vary from state to state. Generally, a person must meet certain criteria in order to be eligible for expungement.

Steps to Expunge a DUI Offense

The process of expunging a DUI offense involves several steps. Generally, the method includes filing a petition for expungement, attending a court hearing, and obtaining a court order for the expungement.

The first step in the process is to file a petition for expungement. This petition must be filed with the court in which the DUI offense occurred. The petition must include information about the offense and why the petitioner believes the offense should be expunged from their record.

Once the petition is filed, the court will schedule a hearing. At the hearing, the petitioner must make a case as to why the DUI offense should be expunged from their record. The court will then make a decision as to whether or not the offense should be expunged.

If the court decides to expunge the DUI offense, it will issue a court order for the expungement. The court order must be served on all relevant parties, such as the police department and the DMV.

Requirements for Expungement

In order to be eligible for expungement, a person must generally meet certain criteria. Generally, these criteria include:

  • The person must have successfully completed all court-ordered sentences, such as probation and/or community service.
  • The person must have no pending criminal charges.
  • The person must have no convictions for any other offenses in the past five years.

In some states, a person may be eligible for expungement if they were charged with a DUI offense but not convicted.

How to File a Petition to Expunge a DUI Offense

Once the criteria for expungement have been met, the next step is to file a petition for expungement. The petition must be filed with the court in which the DUI offense occurred.

The petition must include information about the offense and why the petitioner believes the offense should be expunged from their record. The petition must also include information about the petitioner’s criminal record, such as any convictions for other offenses in the past five years.

Once the petition is filed, the court will schedule a hearing. At the hearing, the petitioner must make a case as to why the DUI offense should be expunged from their record.

Cost of Expunging a DUI Offense

The cost of expunging a DUI offense varies from state to state. Generally, the cost of filing a petition for expungement is between $50 and $300. In addition, some courts may require the petitioner to pay a fee for the court hearing.

It is important to note that the cost of expunging a DUI offense is not the same as the cost of court-ordered sentences, such as probation or community service. 

Benefits of Expunging a DUI Offense

The benefits of expunging a DUI offense are numerous. Generally, the benefits include the following:

  • A clean criminal record.
  • The ability to apply for jobs or housing without having to disclose the conviction.
  • The ability to apply for a professional license or certification without having to disclose the conviction.
  • Lower insurance premiums.

In addition, expunging a DUI offense can restore your reputation and give you peace of mind.

Conclusion

DUI offenses can have serious consequences, both in terms of legal repercussions and personal and professional embarrassment. If you’ve been convicted of a DUI offense, you may be looking for ways to remove it from your record. In some cases, it is possible to have your DUI offense expunged from your record. The process of expunging a DUI offense involves several steps, including filing a petition for expungement, attending a court hearing, and obtaining a court order for the expungement. The cost of expunging a DUI offense is typically between $50 and $300. The benefits of expunging a DUI offense include a clean criminal record, the ability to apply for jobs or housing without having to disclose the conviction, and lower insurance premiums.

If you’ve been convicted of a DUI offense and are looking for ways to remove it from your record, consider expungement. Expungement can help you restore your reputation and give you peace of mind.

CTA: If you’ve been convicted of a DUI offense and would like to know more about the process of expungement, contact a legal professional today.

Author’s Bio:
Freelance writer Jenny Fries focuses on writing on business, health, lifestyle, and technology. She provides independent blogging and SEO content writing services. Fries enjoys writing vacation itineraries, traveling, and cooking when she’s not writing.

How To Analyze Case Law As A Lawyer – Guest Post

   

Analyze Case Law As A Lawyer

Introduction

How to analyze a law case? However, you should follow the exact way to analyze the case in the right way. Here we share the steps that you should go through before taking any case file to analyze.

So, keep on reading till the end point of this article. Here we will share the ways in simple words that help you to understand.

How To Analyze Law Case: Step By Step

Here we are showing the steps that help you to analyze law cases. Without wasting your time, let’s start.

1.     Go Through The Case File

First, take the file and read every single page. Make sure that you have read from beginning to end. Figure out which facts are most important to analyze the court’s holding. However, it is not easy to determine a legal issue until you have read it properly.

If you face any problems when you read the case, don’t worry, just read for a sense to know what is happening with your client. It’s like a story.  When you read the case without making it complex, you can understand who the two parties are and what they want from the court.

Suppose, you can’t understand any part of the case, keep in mind that the case has not been written by law students, so don’t take it personally.

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2.     Identify Your Parties

This is the easiest part of analyzing the parties of a certain case. When you analyze a case, you should figure out the parties and their behavior throughout the case paper that has been mentioned.

It is not easy because the case has been designed with many layers, which is why it has been difficult to understand how the case was originally presented.

3.     Outline The Case History

Court decisions have been mentioned in the case paper. You need to go through the case history. Analyze which court and judge gave the past judgment.

As a lawyer, “you must be able to find out the path the case followed from the initial lawsuit through the court system to end up before the court that issued the opinion you’re reading.”

However, case history can show you the way how the case is going in the process. It will help you to determine how the case is supposed to end. At the same time, you don’t need to go into the details. You just need to understand the original lawsuit, which helps you to understand the actual facts of the case.

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4.     Remove Irrelevant Facts

There are many points that are not significant to solve the case. You should identify them. First, read the case paper thoroughly, if you need to read them a number of times to prevent irrelevant facts, then do this.

Court only considers the legal issue, not considers any fact. In many cases, the facts damage the actual legal issue, which is why you need to isolate facts from the case.

You can read other case files because as much as you read case files in the same court, you will be familiar with different types of cases that help you to organize the case properly.

5.     Determine The Legal Issue

This is the cour section of this process. Therefore you need to be concerned in this part to trace the legal issue or issues that the case has. And most important, the court will ask you to resolve the legal issue or issues that have been mentioned in the case paper.

To find the issue, you should figure out what the party thought the lower court did wrong and what they expected from the high court.

Don’t think that it is easy to figure out. Always keep in mind that you have the responsibility to understand the case properly to punish the actual guilty and help to get relief from who is or is innocent.

6.     Identify The Legal Rules

Now, you need to identify the legal rules. Before highlighting the legal issues, you should go to the next step to figure out the legal rules.

Write down the rule which is applicable in the case. However, you don’t need to go back to read the entire case to understand the legal rule.  In this matter, you can read other similar cases for a better understanding.

You should know how you can utilize legal rules to solve the case successfully. When people come to you to solve the case, it means they trust you and believe that you can solve the case better than other lawyers.

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Final Words: Prepare For Different Factual Scenarios

Always prepare for different factual scenarios. If the judge raises another issue, then you should know the legal rules would be to solve the problems. Case analysis is the biggest part of solving the case itself.

Every lawyer needs to give sufficient time to read the case paper thoroughly. Hopefully, this article has been able to meet your queries. If you have any further queries, feel free to raise your question in the comment section.

Why Trademarks Are Important For Protect Startups & Small Businesses – Guest Post

   

Trademarks Are Important For Protect Startups & Small Businesses

Are trademarks important?

“Trademark” is another way of referring to brands. The Trademarks beats strongly indicating their decisions while choosing products. The trademark in script or any brand name creates goodwill and trust among the consumers so they can easily get attracted. A Trademark logo simply makes it rich, and attractive.

Customers instinctively associate these trademarks with genuine things rather than other companies like Apple, McDonald’s, Dominos, jaguar, and Ford.

So What is a Trademark? 

Trademark is a type of Intellectual property rights that is provided to certain devices, words, logos, symbols & names. It must be different so that it cannot be the same as the registered trademarks.

How Trademarks facilitate the Success of Startups & the Benefits of Trademarks Registration in the long run. 

Here are the 8 Reasons why Trademarks are important to Startups: 

1. Most valuable assets for the Company, Proprietorship or any other business Entity: 

Being a startup, one of your most important assets is your brand & that brand is most embodied in your business name & logo.

Trademarks are useful when a company wishes to expand into franchising, liasoning, increase the variety of its products & services & even increase your worth by selling products & services if you are having a brand name registration.

By Trademark registration online, your brand awareness will get improved & will attract customers.

When your business reputation grows, the more valuable your brand will be recognised.

For a business startup, it makes sense to consult intellectual property specialists as it will be your most valuable asset as you are in the initial business planning process & keep yourself out of the court. We at JustStart help you to avoid court litigation & try to do things on the front end so you need not worry to end up with the litigation process.

2. Protect customers from deception & confusion

If your brand is registered it can protect customers from deception & confusion.

By registering a brand, one distinguishes its services and products from those of the competitors who are not registered trademarks. Therefore acquiring trademark registration online prevents you from getting your name or logo copied.

For example, Disney is a brand name such as Disney theme park, Disney movies, Disney tv shows, Disney park so they have a brand name that no-one have a right to copy as Disney has protected their brand by registering it.

 3. Trademarks Build brand recognition

 Registering your trademark means building brand recognition.

So what is brand recognition?

Brand Recognition means awareness, reputation, and trust among customers. The term brand recognition is the ability of consumers to identify a brand through certain attributes like a wordmark, logo, slogan without necessarily knowing the organization name.

So registering trademarks are important for startups to create brand value. Businesses use this brand recognition to recognize brand & which will increase customer loyalty and differentiate their brands from other brands oftheir peers.

4. It prevents future legal issues.

As trademarks are important aspects of intellectual property. Trademark right allows you to prevent others from using your trademarks to sell similar products or services.

In trademarks, legal issues can occur due to similar trademarks already registered which means same sounding, same pronunciation & similar goods or services or products which are existing in the market. So when you register a trademark & get a trademark certificate you are preventing yourself from future legal issues.

Every organization should be aware of the seriousness of legal issues in trademarks & how they might harm the company’s growth. To eliminate such issues, it is necessary to do a pre-filing test, and a systematic search to avoid similar names, logos, etc. For this pre-filing test, we JustStart team help you in getting your brand name registered. We try to do things on the front end so that you will not end up in the litigation process.

5. Independent to use of Social media & Internet

Once you have a registered trademark, you can easily handle social media & internet. With an effective trademark you can publicize your product or service business on different platforms without having to worry about anything to showcase your products on social media & any other platforms. As a result, your business ranking is going high & the customers will be able to recognize you more often and more easily.

6. Easier hiring

As trademarks are registered, it enables the organization in providing a sense of security & positivity to the employees. The employees who are working feel motivated to work and be part of a reputed organization than a normal company who are not have registered trademarks.

7. Finding businesses becomes easier.

When you get your trademark registration, the customers can easily attract the brand & their trust. Trademark registration is an easy way for customers to identify the brand. The organization can stand out from the crowd using its unique brand name.

8. A Trademark is valid for a lifetime.

Once you have registered a trademark, you have a valid time period of 10 years & after that, you can get it renewed & enjoy the same privileges again.

Conclusion

So here above are the reasons Why Trademarks are important for startups & small businesses. Considering how competitive the market has become in recent times, it would be advisable to choose your brand name wisely so that you will concentrate on your business growth rather than involving in unnecessary litigation. With the right strategies & a trademark, you can gain plenty of desired outcomes that will be fruitful and income-generating for you.

So why wait?

Get your trademark registered with Just Start & get yourself legally protected & an exclusive right as an owner. We will keep you updated & a dedicated relationship manager will guide you for further requirements.

Get the Benefits You Deserve: How to Apply for Social Security Disability – Guest Post

   

Social Security Disability

For those who cannot work due to a disability, Social Security Disability Insurance (SSDI) may provide financial assistance. Even though SSDI is a government benefit program, it requires an application and approval process. This article will help explain how to apply for SSDI benefits and what you can do if your application is denied.

The Application Process

To apply for SSDI benefits, you first need to complete the appropriate forms that are available on the Social Security Administration (SSA) website. The form will ask for basic information about you and your disability, along with documentation from your doctor or other health care provider verifying your disability. Additional documentation may be required depending on individual circumstances. Once all of the necessary paperwork has been submitted, it typically takes up to three months for a decision to be made on your application.

Appealing a Denial

Unfortunately, applications are often denied due to lack of sufficient evidence or incomplete paperwork. If you have been denied benefits, there is an appeal process that can be used in order to get the benefits you deserve. The appeal must be filed within 60 days of receiving notice of denial; if it is not filed within this timeframe, then you must start the entire application process over again. During the appeals process, medical records and other documents may be requested as proof of disability before a decision is made by an administrative law judge.

Seeking Professional Help

Navigating through the application and appeals process can be confusing and difficult without professional help from someone who understands the ins and outs of SSDI claims. An experienced attorney or advocate can provide valuable assistance by helping prepare all necessary paperwork and providing support throughout the entire process—from filing initial applications all the way through appealing denials if needed. In some cases, they may even expedite payments so that those in need receive their benefits faster than waiting on SSA timelines alone.

Securing Social Security Disability (SSDI) benefits can seem like a daunting task; however, with proper preparation and understanding of how to file an application as well as what to do if it’s denied, individuals in need of financial assistance due to disability can get the benefits they deserve faster than ever before with help from legal professionals specializing in these types of cases. With their help, disabled individuals can get back on their feet financially sooner rather than later while ensuring they receive all of their entitled benefits under SSDI law.

What to Do if You Can’t Pay Child Support – Guest Post

   

Can’t Pay Child Support

No matter how hard you work, sometimes life gets in the way and you can’t make your child support payments on time. If this happens to you, it’s important to take action immediately to avoid any legal consequences. Here’s what to do if you can’t pay child support.

Communicate With Your Child Support Office

If you’re struggling to make your child support payments, the first thing you should do is reach out to your state’s child support enforcement office. They may be able to work with you to establish a new payment plan that better suits your current financial situation. In some cases, they may even be able to lower your monthly payments temporarily. However, it’s important to remember that this is only an option if you proactively reach out; if you simply stop making payments without explanation, you could face serious legal repercussions.

Get Current on Payments as Soon as Possible

Even if you can’t afford your full child support payments, it’s important to try and stay current on what you do owe. Every state has different regulations regarding child support, but in most cases, falling behind on payments can result in wage garnishment, seizure of assets, or even jail time. If you’re facing financial hardship, your first step should always be to reach out to the child support office so they’re aware of your situation; this ensures that you won’t be caught off guard if they do take legal action against you.

Seek Professional Help

If you’re struggling to make ends meet and don’t see a way to afford your child support payments, it may be time to seek professional help. A financial advisor can help you create a budget and determine what expenses are non-negotiable so that you can free up some extra cash each month. In some cases, they may even be able to negotiate with your child support office on your behalf. No matter what route you decide to go, taking action sooner rather than later is always in your best interest—both financially and legally. Additionally, you might need to reach out to a family lawyer. Family lawyers can help you navigate the court system, should you need to appear for a ruling.

If you find yourself in a situation where you can’t pay child support, it’s important to take action immediately in order to avoid any legal repercussions. The first step is always to reach out to the child support office and explain your situation; they may be able to work with you to create a new payment plan. Remember that it’s also crucial to stay current on payments as much as possible; falling behind could have serious legal consequences. Finally, if you’re truly struggling to make ends meet, seek professional help so that they can assist you in creating a budget and determine what expenses are non-negotiable. Taking these steps will help ensure that you can maintain compliance with your child support obligations—no matter what life throws your way.

What To Do if You’re Injured in a Trucking Accident – Guest Post

   

Injured in a Trucking Accident

While it is not pleasant to think about, being involved in a trucking accident can change your life. Unlike typical vehicle accidents, those involving trucks can end up creating more catastrophic damage. If you have recently been involved in a trucking accident, there are some key steps down below that you will want to take or keep in mind while going forward.

Get Medical Assistance

In the aftermath of a trucking accident, it is imperative that you seek medical assistance if you are injured. It is not recommended to wait until later, as this could harm your case. You could also miss any possible unnoticeable injuries, only making the situation worse. You want to have documented records that you went to a medical professional and received a diagnosis of your injuries sustained from the collision.

Contact the Police

Another important step that you will want to take is to contact the police. This will allow them to not only keep you safe from the surrounding traffic, but they will produce an accident report. This report will include information for you and the other parties involved as well as any evidence that they see at the time of their report that indicates a fault. This will also come in handy if you happen to decide to go the legal route.

Get Witness Information and Statements

Witnesses can be a big component of any trucking accident case. It is best to gather witness information and any statements at the time of the accident. You will want to pass this information on quickly to a local law firm like Nelson Law, LLC. The sooner they will be able to contact these witnesses, the sooner they can document formal statements to assist in your case.

Document the Scene

If possible, you will want to document the scene or contact someone to do so for you. This includes taking pictures of the accident, both vehicles, and the surrounding area. Pay particular attention to any obstacles that were involved in the accident. Document the truck’s condition, company name, DOT number, and license plate number. The more documentation that you gather at the scene, the more your lawyer will have to construct your case with.

Contact an Experienced Lawyer

Due to the catastrophic nature of trucking accidents, you do not want to undergo insurance and compensation claims on your own. Rather, you want to hire an experienced personal injury attorney. You want to find one that regularly handles trucking accident cases, as they will possess the most knowledge about this type of litigation. A good lawyer will be able to collect evidence and deal with the insurance company for you. This is why it is very important to be honest with your lawyer so that they can build a solid case.

Being involved in a trucking accident can be a terrifying experience for anyone. When you are injured as a result, it is imperative that you follow the steps above to ensure your best chance of adequate compensation for the incident.

WHEN TO TAKE LEGAL ACTION AGAINST A CLIENT – Guest Post

   

LEGAL ACTION AGAINST A CLIENT

Much attention is paid to strategies for keeping businesses out of litigation issues, but what happens when it might be time for a business to be the party that initiates legal action?

In any business, client relationships can break down; sometimes, through no fault of its own, a business is not correctly compensated for the work they have supplied and must consider how far it will go to rectify the issue. Bad payers are a problem most companies will face from time to time, and knowing what steps to take can make the ordeal a little easier to manage.

Some clients simply stop paying and communicating, which can be particularly stressful, especially if there’s a large amount owing and the work must be halted. Other times, vendors fail to provide the service or product a business has paid them for, and they, too, can become elusive and difficult to communicate with.

Taking legal action is the last resort, but sometimes there is no alternative; of course, it’s a matter of weighing up the financial pros and cons, but it’s also important to understand at what stage litigation becomes an appropriate option.

Here are the steps to take on the road to taking legal action against a client.

CAREFULLY REVIEW THE CONTRACT

Before you make any moves, it’s imperative that you carefully review the contract agreed between you and the client to ensure that you accurately represent both your and the other party’s responsibilities to the other.

In reviewing the contract, you can be absolutely sure that you have fulfilled your agreed obligations before reaching out to address their failure to do the same. It can be helpful to make a list as you go through the contract and record everything that has and/or has not been fulfilled.

If there is no one ‘contractual document’ to refer to, remember that any written records of agreements (such as emails) regarding expectations, prices, timeframes, etc., can also be used in lieu of an official contract. Of course, having a legal contract in place is ideal, but a chain of (email) correspondence is still useful.

ATTEMPT TO RESOLVE THE SITUATION DIRECTLY

When taking legal action, it’s essential to be able to clearly demonstrate that you have attempted to resolve the matter amicably (and a generous serving of good grace goes a long way, too).

When you reach out in an attempt to resolve the situation amicably, you are demonstrating good faith and reasonable intent should a court ever review the case. In the best-case scenario, however, your attempt to reach out directly will bring the matter to a satisfactory close without the need to take it to court.

Finding out why the client is refusing to pay can provide invaluable information that can help you to solve the issue amicably. Perhaps they are suffering unexpected financial hardship, and an agreeable payment plan can be established, or maybe they are unhappy with your work, and their complaints are rectifiable.

Reach out respectfully – always in writing to maintain a clearly documented trail of correspondence – and demonstrate your willingness to be mutually reasonable. You may be surprised to discover that the issue is more easily fixed than you thought. Otherwise, it’s time to take the next step — engaging a team of contract dispute lawyers to deal with the matter formally.

ISSUE A FINAL DEMAND

If no reasonable solution can be reached and the client continues to refuse payment, the next step is to have your lawyer send them a demand letter. A demand letter (also known as a formal or final demand) is a letter issuing a final warning of your intent to begin legal proceedings. A demand letter is often the first thing a judge will want to see that you have issued should you file a formal legal complaint.

A demand letter should clearly outline the amount owed, the date the payment was due to be paid, and advise of the legal action you intend to take if they continue to refuse to pay. Sometimes, a strongly worded demand letter highlighting the intent to initiate legal action is all it takes for a bad payer to cough up or commit to a payment plan to avoid court proceedings.

SUE VIA SMALL CLAIMS COURT

If the final demand letter proves fruitless, it’s time to consider suing the client in small claims court. The maximum amount that you can sue for differs between states; in Kansas, it’s $4,000, while in Missouri, the maximum is $5,000. Small claims courts are designed to facilitate quick and easy resolutions to relatively small disputes, avoiding the greater costs and time it takes to pursue legal matters in civil court. It may not be necessary to engage an attorney for a small claims matter, and verdicts are typically quickly returned after the hearing.

SUE VIA CIVIL COURT

It isn’t common to see a debt-related case handled via civil court, as the costs and risks of going to trial are usually enough of a deterrent to both parties. Nevertheless, the amount owing and the nature of the dispute may call for a County or District Court to solve. If the dispute goes this far, it will be necessary to engage with an attorney to help navigate the complexities of civil case procedures and ensure the best possible outcome.

THE BOTTOM LINE

Legal action should always be considered the last resort for obvious reasons. The time, cost, and stress involved in taking legal action should be avoided if possible, and no matter how watertight you’re sure your case is, the process of going to court can dish up some surprising turns that can prove it to be far less clear-cut than anticipated.

That said, if you have no choice but to pursue legal action, investing in expert advice from legal professionals can save you a great deal of time and money in the long run.

5 Reasons To Hire A Lawyer For Criminal Defense – Guest Post

   

Hire A Lawyer For Criminal Defense

When you face criminal charges, you need to be sure you are doing all you can to protect yourself and your future. One of the biggest mistakes you could make is neglecting to seek legal counsel. Here are five reasons why you shouldn’t go it alone, even if your charges are “minor”, and why hiring a criminal defense attorney is necessary when facing criminal charges.

  1. They Know The Local Judicial System 

One of the most important reasons to hire an attorney is that they know how the process works. Attorneys have been to court countless times, have navigated and studied the law, and understand how to build a solid defense. Representing yourself could put you at risk of an unfair result due to a lack of understanding of the process and what’s required. And, as important as knowing the system, they know the local players and the playing field. Individual courthouses are often their own little kingdoms and each handles matters somewhat differently. Also, prosecutors are individuals. They have patterns in how they handle cases and it’s vital to have knowledge of the individual courthouse and prosecutor.

  1. They Have Had Similar Cases

You could hire any attorney to handle your case, but only when you choose a criminal defense attorney can you be sure that the attorney you choose has dealt with cases similar to yours in the past. An experienced attorney has walked this road before with others, and they can guide you through the process with knowledge and understanding of how to get the best possible outcome.

  1. You May Save Money

Yes, attorneys cost money, but when you hire an attorney with the right knowledge to handle your specific type of case, you usually end up saving money. Not only do you position yourself for the best possible scenario for your case, but you may also avoid months of delays and unintended consequences due to an inexperienced legal team, or you’re handling your case as a layperson. If you are able to get a favorable result, you may be able to keep your job, minimize the impact of any record on your future, especially jobs and housing, and protect your assets. This is possible with the right legal representation.

  1. They Arm You With Knowledge 

Going to court for a criminal case can bring up intense emotions. Your criminal defense attorney can help you manage those emotions by providing education about what to expect and what you can do to position yourself for the best outcome. When you know the realities of the legal system and the court process, and you have an experienced hand guiding you to navigate the system, you will be less likely to give in to these challenging emotions and make an error in judgment that could make things worse both in court and outside of court. You will know what you can do to minimize the impact of the case on your life, and you will have more peace of mind as a result.

  1. You Have Access To More Resources

Building a criminal defense involves properly investigating the evidence, reviewing documents, speaking to witnesses, and sometimes the work of experts, to piece together what really happened and what accusations can be proven. Your legal team knows who to turn to investigate and analyze evidence, and they have the knowledge to determine the best way to defend you against the charges. They can also guide you as to whether or not you should plea bargain for the best possible outcome or take the case to trial. These resources and analysis help find the best way forward in a case like yours, and you will simply not have the same guidance without a criminal defense attorney.

When criminal accusations are brought against you, you need the right help to keep those charges from turning your life upside down. Heading into court to face criminal charges alone, or with an inexperienced attorney, puts you at a significant disadvantage. An experienced, skilled criminal defense attorney will help you get the best possible outcome during one of the most difficult times in your life.

What Are the Legal Protections for Nurses – Guest Post

   

Legal Protections for Nurses

Nursing is a revered profession in which most workers are perceived as being trustworthy. Despite this, some nurses do get into legal trouble on occasion either due to their own fault or, as is more often the case, due to patients or family members who are unhappy with their medical care. While more laws could certainly be put into place federally as well as at the state level to further protect nurses from legal concerns, some protections are already in place.

The Nurses’ Bill of Rights

The Nurses’ Bill of Rights (NPA) has been put into place by the American Nurses Association and contains seven rights that all nurses have while working. While the NPA is not technically law, some laws have been created by states as well as the federal government to protect certain rights. The NPA exists to show the type of environment and work situations required for nurses to practice safely and effectively both for themselves as well as their patients.

Uniform Emergency Volunteer Health Practitioners Act (UEVHPA)

One specific law, which is currently only accepted by fewer than half the states, is the Uniform Emergency Volunteer Health Practitioners Act. This act protects nurses who are providing emergency medical services across state lines. This is a good faith act that allows nurses to practice without approval from a specific state’s Board of Nursing in emergency situations.

Nurse Practice Acts (NPA)

In addition, each state has a Nurse Practice Act, which specifies what types of environments are appropriate for nurses. For example, nurses must practice in environments that allow them to follow their professional standards, provide ethical care, and remain safe. A nurse license defense attorney can help nurses navigate difficult environmental situations when employers refuse to make appropriate changes.

National Labor Relations Act

According to the Nurses’ Bill of Rights, nurses have the right to negotiate with their employers in regard to their jobs. Whether nurses are part of a union or not, the National Labor Relations Act protects these workers as they negotiate pay, benefits, and other important subjects. Both unions and employers are forbidden from interfering with each other or with employees on these matters.

Besides these specific laws, nurses are also protected by the policies of their workplaces as well as by the state Board of Nursing. This is why it is vital to regularly read through these policies and understand what they both require and protect. However, keep in mind that there will be times when one must work with a defense attorney to refute lawsuits or other false claims.

Don’t Get Taken for a Ride: What To Do if You Believe You’ve Bought a Lemon – Guest Post

   

Don’t Get Taken for a Ride

Throughout life, you are going to be buying many items. One common purchase for most to make is a vehicle. Unfortunately, sometimes you may be sold a lemon that does not perform as it should. Knowing how to address this problem can make all of the difference in how you financially recoup from the expenditure. Down below we will give you some tips on what to do if you have been sold a faulty vehicle.

Identifying a Lemon

By common definition, a lemon is a tangible item that has a persistent defect that significantly impairs its use, safety, or value. A lemon can be any product that you purchase. However, most individuals end up with a vehicle that is coined to be a lemon. According to the Lemon Law, after a reasonable number of attempts for it trying to be saved to be a functioning vehicle, the warrantor of the vehicle must allow the consumer to get a full refund or replacement free of charge.

Hire an Attorney

If you are dealing with a lemon vehicle, one of the best things that you can do is talk with a defective product law office. They can assist you in determining what you need to do to receive a replacement or refund. Attorneys know both federal and state laws regarding lemon products and will be better able to assist you in building up a case to rule in your favor. If you give them all the information they request they will be able to best help you in the long run.

Keep Track of Service Records

Because the warrantor must have been given multiple attempts to fix the defect before a vehicle is deemed a lemon, it is imperative that you keep track of service records. You need to show proof that you have had this persisting defect and that your warranty center attempted to fix the problem on multiple occasions to no avail. It is highly recommended that you keep the records of these fixes on either a notepad or keep all the billing information in a secure place.

File a Claim With the Automaker or Dealer

The next thing that you will need to do if you were sold a lemon is to file a claim with the automaker or the dealership that sold it to you. This should include the reasons behind your claim and any evidence that you have about it. Typically, it is easiest to have your attorney draw up and send the claim as they are more familiar with what exactly needs to be included to get real results for your situation.

Unfortunately, no matter how much you try to avoid doing so, you may end up buying a lemon vehicle. When this happens, it can be extremely frustrating and overwhelming to deal with alone. Fortunately, by following the four steps that we addressed above, you can successfully work toward getting a full refund or replacement for your lemon with very much ease than a headache.

7 Best DUI Law In Louisville – Guest Post

   

DUI Law In Louisville

Do you want to know about the DUI law in Louisville? If yes, then you must follow the guidelines of this complete article to get the correct insight into it. Drinking and driving is a serious offense in any country of the world.

Different states and different countries have different types of penalty rules regarding it. You need to know and undergo the rules of the state, which can help you to meet your objectives with ease.

Louisville DUI attorney can guide you in this regard with ease. You need to know the facts well before making your choices in the correct end. You must not make things work in the erroneous direction while meeting your objectives.

Best DUI Laws In Louisville

There are several best DUI laws in Louisville that you must know at your end if you want to reach your objectives with ease. You need to know the facts well before you get trapped in the eyes of the law in Louisville.

1. Under 21 Years Of Age

Drivers who are below the age of 21 years of age are deemed to be considered as less under the influence of 0.20 breath of blood in the alcohol level. You need to know the facts well to meet your objectives with ease.

Once you are under the age bracket of it, then the severity of the punishment is also less. But your license for driving the car will be canceled by the authorities forever. You must stay careful of this fact while you drive under the influence of DUI.

Read Also: Can Lawyers Have Tattoos On Their Hands?

2. Overspeeding   

Overspeeding is another serious crime under the DUI law in Louisville. If the driver Overspeed the car beyond the 30mph speed limit, then they will be punished for this crime.

The first punishment is they have to pay a $200 – 500 fine, and in extreme cases, they may be sent to jail for 2-30 days. You can contact a general practice law firm in this regard. You must not evade the law of the state.

It can result in harsh consequences in your life. You need to know the facts well before making your choices appropriately. Figure out things that can boost your chances of meeting the DUI law rules with ease.

3. Limited Access Highway 

You may have this question in your mind is it illegal to have underglow on your car? The wrong way of driving on the limited access highway can make things more complicated for you. If you enter the no-entry zone without permission, then things can turn worse for you.

You have to undergo 90-day Alcohol or substance abuse program. You must consider these facts at your end while meeting your target with ease. Ensure that the scope of errors must be as less as possible.

4. Death Due To Serious Injury   

Death of the victim under the influence of DUI and serious physical injury is one of the serious consequences of DUI victims for which they have to bear the heavy penalty. If the convict is found with an alcohol level of 0.18 within 2 hours, then they will be charged severely for this case.

You may be sentenced to Jail for 30-120 days and 12-18 months of license suspension of your car. You need to know the facts well before making your choices currently. You must not make things more complicated for yourself.

5. Level Of Alchohol In The Body   

If the level of alcohol is more in your body is beyond 0.18, and it has resulted in a severe car accident, then things can turn worse for you. You may have to spend 48 hours to 30 days in community labor.

On the otherhand, if you are proven guilty, then you may be sentenced to jail for 5 years, and you have to pay full compensation to the victim and the victim’s family for the loss suffered.

6. Refusal To Submit Testing  

In some cases, the convict refuses to submit the testing report of the alcohol consumption. In such a scenario, also they may be taken into immediate custody for not cooperating with the law.

You have to understand the reality before making your choices in the right end. Ensure that the scope of errors is less. The more you can think positively in this regard, the better you can achieve your objectives.

7. Transporting Passengers In Underage

Now, if your age is below 12 years and you are transporting passengers from one place to another, then the guardian of the driver will be held responsible for it.

Now, if you are a recognized lawyer and want to know can lawyer have hand tattoos, then you do not need to worry about it. There is no problem with it.

Final Take Away

Hence, if you want to avoid heavy penalties in Louisville, then you must seek the assistance of the best lawyer who can help you to meet your objectives with ease. Try to figure out the perfect solution that can make things work well in your favor.

You can share your comments, views, and opinions in the comment box to meet your objectives with ease. Try to figure out things that can boost the chances of proving your point in court. You must avoid making things too complicated.

Now, if the severity of your case is less, you can seek the help of a general practice law firm to meet your requirements with ease.

AUTHOR BIO:

Miranda Shaffer is a passionate blogger. She loves to share her thoughts, ideas, and experiences with the world through blogging. Miranda Shaffer is associated with Global Magazine, 7 Best Things, Lawyers Note, Idream Agency, Okey Magazine, Small Business Journals, Money Outlined, Top Preference, Big Jar News, Get Me Seen, Global Business Diary, Universal Australia, Uae Universe.

How to Become a Legal Guardian – Guest Post

   

Become a Legal Guardian

If you want to become the primary caretaker of a minor or an adult who isn’t able to care for themselves, you can go through the legal process that’s necessary to become a legal guardian. There are some differences in the process of establishing guardianship over a minor versus an adult, but each type of guardianship involves some common steps that you should know.

Submit the Required Forms

You’ll need to fill out and submit specific forms to start the legal process of becoming a guardian. These forms will likely be available for download on the state judicial branch website. A petition to become a guardian along with a form that specifies your understanding of the responsibilities of being a guardian should be signed and submitted to a local courthouse. You’ll also need to fill out a notice of hearing form to schedule a court date so that a judge can decide if you’re a suitable guardian.

Prove That the Person Needs a Guardian

For a minor child, it’s usually easy to prove that they need guardianship if their parents have died or are proven to be unsuitable caretakers, but proving that an adult needs guardianship can sometimes be more challenging. For an adult, you may need to keep records of observable behaviors within the past few months to demonstrate that the person isn’t capable of self-care. Medical records and statements from other professionals can also help prove that an adult needs guardianship. A guardianship attorney can help you collect any proof that you need to support your claim.

Attend the Court Hearing

After the required forms have been submitted, you’ll be given a court date if these forms have been approved. During your hearing, you should be prepared to answer questions about your capabilities of being a guardian. The child or adult who needs guardianship may be present, and the judge will likely call on the individual to provide testimony if they’re able. For guardianship of a child, you should be prepared to bring the child’s birth certificate and the parent’s death certificates (if applicable). If you’re requesting guardianship for a child who’s over the age of 14, the child’s preference for who should be their guardian will also be taken into consideration by the judge.

By following the proper protocol to establish guardianship, you can avoid certain setbacks that may delay the process. Your lawyer can tell you more about what you’ll need to do to become a legal guardian and attend your court hearing to assist you.

What are the consequences of filing for bankruptcy – Guest Post

   

consequences of filing for bankruptcy

If you or your business is in debt, you’ve probably been weighing up your options to find a solution.

There are a number of options out there, including bankruptcy. Declaring yourself bankrupt may be a way to be released from certain debts, however, there are a number of consequences which may affect you, and these consequences could affect you for quite some time.

So, if you find yourself drowning in debt, before you make any major decisions, it’s important you understand the consequences of making the decision to declare bankruptcy.

In this piece, we’re going to discuss what bankruptcy is, what actually happens when you declare bankruptcy and what the consequences of bankruptcy.

What is bankruptcy?

Bankruptcy, also referred to as declaring bankruptcy is a process where a person is legally declared as being unable to pay their debts. The individuals who are declared bankrupt give up their assets and the rights to control their own finances.

How does someone become bankrupt?

Bankruptcy can happen either by voluntarily entering into bankruptcy or by receiving a bankruptcy notice and proceedings.

When you cannot pay your debts, you can choose to become bankrupt voluntarily. This type of bankruptcy is referred to as a debtor’s petition and you must be insolvent, where you are unable to pay your debts when they are due. To voluntarily enter into bankruptcy you need to complete a bankruptcy application form which will be assessed by the Australian Financial Security Authority. If the application is approved, then a trustee is appointed to manage your debts and finances.

If you receive a bankruptcy notice, this means that your creditors – the people you owe money – have decided to take action against you. Your creditors can issue a bankruptcy notice against you if they believe that you are unable to pay your debts. If you do not respond to the bankruptcy notice, the creditors are able to commence proceedings, which includes issuing a bankruptcy petition to the court. Similar to when you enter into bankruptcy voluntarily, if a court sides with the creditors, then an order may be made where a trustee will be appointed to manage your debts and finances.

Are there any benefits to declaring bankruptcy?

Bankruptcy is often seen as a negative, and while there are serious consequences that must be taken into account, there are also some benefits of bankruptcy too.

The first major benefit is that you are released from most kinds of debt, which can remove a portion of stress from your life and provide you with an opportunity to be able to start afresh. Being released from these debts usually means that you’ll no longer face creditors chasing you for their money. Depending on the level of debt that you’re in, you could experience harassment from creditors.

You also avoid further legal proceedings in most instances. If legal proceedings have commenced, then these will continue through your trustee.

What are the consequences of becoming bankrupt?

There are a number of consequences to declaring or becoming bankrupt. Some of these are longer lasting than others. These can impact various areas of your life and include:

Types of debts you can be released from

While being declared bankrupt does release you from most debts, there are exceptions to this. If you have any penalties or fines imposed by a court, you will be required to pay them. If you pay child support or spousal maintenance, you will likely still be required to make these payments. You aren’t released from HECS or Fee-Help debts, nor unliquidated debts. When you’re working through the bankruptcy process, it’s a good idea to work with an experienced bankruptcy lawyer who can provide clarity over the types of debts that you may be released from.

Employment

Being declared bankrupt can mean that if you work in a job where you are earning over a certain threshold, you may have money deducted from your wage.

When it comes to your employment, you may face restrictions on the types of industries you can work in. And you can be restricted in the types of roles you can work in as well. For example, you will likely be restricted from being able to be a company director. This restriction could be temporary or permanent.

Starting your own business and running it yourself can be put in jeopardy if you are declared bankrupt.

Travel Restrictions

You may not be able to travel internationally if you are declared bankrupt. Usually, a person who has been declared bankrupt needs the permission of the trustee to be able to travel overseas. It is considered a crime to do so without this permission.

Access to Credit in the Future

Your ability to borrow money from creditors may be inhibited as you will be required to disclose your recent financial history to lenders. You may be further restricted in the amount that you can borrow from creditors as well.

Should you declare bankruptcy?

Whether you should declare bankruptcy or not is not a decision to be taken lightly. Declaring bankruptcy has serious consequences, however, it can also offer significant release.

Before making any decision about your financial future, it’s important to understand the consequences and all of your options. This is where the help of an experienced bankruptcy lawyer can help you.

Their expertise allows them to assess your unique circumstances and provide you with your various options so you can make an informed decision about your future.

Don’t make any rash decisions when it comes to your finances and your future, seek legal advice today.

How to Prevent Your Teen From Driving Drunk – Guest Post

   

Prevent Your Teen From Driving Drunk

About 10% of licensed drivers in the United States are under 21. And the bothering fact is that this demographic is held accountable for 17% of the country’s alcohol-related incidents. This only explains why parents do everything they can to keep their teens from driving drunk, even if it means installing ignition interlock devices.

As parents, there are other things you can do to keep your teens from driving while under the influence. Below are some effective techniques to consider:

1. Educate them about the dangers of drunk driving.

Discipline starts with the parents. Educate your teenager about the dangers of drunk driving. Let them know it is a serious offense that may result in fines and jail time. Having that basic knowledge alone should be more than enough to keep your teenager alert on the road and say no to alcohol when driving.

And if unfortunately, they are arrested for driving under the influence, an ignition interlock device could be installed in their cars. And they have to learn a lot about the device, including troubleshooting ignition interlock device issues and the dangers of tampering with the device.

2. Establish clear rules against drinking and driving.

Hands-on parents can somehow make a difference in the lives of their teens. Establishing clear rules against drinking and driving reduces the chances of teens getting involved in drunk-driving incidents. It also gives them an idea about what behavior is expected from them. So, as a parent of a teen, the number one rule to emphasize is to never drink and drive. If anything, inform them to contact you instead or have another friend who can drive to take them home.

3. Ally with the parents of your teenager’s friends.

It helps to get to know the parents of your teenager’s friends. And when you’ve already formed a bond, you can make a pact to look after each other’s kids so you can avoid parties that serve alcohol and drugs.

4. Have a secret code with your teenager.

One common reason teenagers don’t call their parents for help is that they don’t want to be embarrassed in front of their friends. In such a scenario, having a secret code can help your teenager reach out to you easily without losing face. Let your teenager use secret codes like “I have flu” to notify you that they need to be picked up.

5. Prepare a backup plan.

It would be great to have an emergency plan if you are not available to pick up your child. For example, you can give your trusted friend’s number to your teen. Let your teen contact your friend should your number be out of reach.

6. Don’t make alcohol available.

Teenagers nowadays can easily access alcohol. And one of the most convenient places to get it is right at your home. In that case, hide your liquor supply, and don’t tell them where you’ve hidden the alcohol. Make sure to have an inventory of those bottles, too!

7. Consider special occasions.

Graduation and prom nights are occasions when alcohol could be served, and drunk driving incidents are at their peak. Thus, get in touch with school officials and other parents, and come up with an agreement to ensure your teens’ safety. For instance, you can suggest having a safe ride program that features vehicles with good car audio installation after the event. Better yet, designate older siblings to fetch your teen.

8. Make your teen understand.

Peer pressure is there, and it is inevitable. Teens can’t easily say no in such situations. What you can do is help your teenager think of ways to save themselves from the pressure. Some good excuses would be, “My mom will take my license if she finds I’m drunk driving,” or something like, “My friend is going to pick me up later.”

Don’t Let Your Teenagers Drink and Drive!

You are responsible for the safety and well-being of your teenagers, so do everything you can to keep them from being arrested for a first-time DUI. Teach them all there is to know about drunk driving and the consequences that come with it. Most importantly, be a good example. Be someone worth emulating.

About the author

Lauren McDowell is the Content Marketing Strategist for Interlock Install, a Phoenix-based company that performs the installations, service appointments, and removals for ADS Interlock. When not writing, she attends book clubs and enjoys reading stories to her kids.

Difference Between Lawyer and Advocate – Guest Post

   

Difference Between Lawyer and Advocate

It is quite common for people to confuse lawyers and advocates. But, in practice, these professions are different from each other. This blog will give you the importance of lawyers and the difference between lawyer and advocate professions.

If you are a law student or are connected to the legal field, you must know the difference between these two terms. But it is even more important to know the importance of the professions in the first place. Here is an explanation to make any layman understand in a few words:

Lawyers And Advocates: Ideal Situations vs. Practice

According to Lawyers and Advocates, there is a fine line that exists between the principles of ideals and that of real-life practice. In ideal cases, the term justice is used to refer to universal good. Hence, justice ensures that the law is made in such a way that it is able to protect the rights of the rich and the poor equally.

According to ethical requirements, all lawyers and advocates are expected to serve only according to the interests of the clients, no matter what their background is. This, added to the principles of justice, ensures that all the parties, despite their background, are represented on an equal footing.

But, in practice, access to justice and the expensive and extremely complex procedures gets determined by the ability of the client to pay the fees of the lawyer or the advocate. In such cases, it must be noted that the bigger share of providing legal services to people goes mostly to the rich and the wealthy.

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Lawyers vs. Advocates

The major differences between a lawyer and an advocate are given below in a detailed manner:

Who Is A Lawyer?

It is also important to know the difference between the lawyer and advocate professions. If you are studying law to get a degree in law, or you already have a law degree, then you are considered a lawyer. In short, if you are professionally trained in the law, then you shall be considered a lawyer. As a lawyer, you get the option to be a law consultant and a legal adviser. Being a lawyer also gives you the option to become an academician or a professor.

Apart from that, as a lawyer, you can also become a legal counselor working for a law firm. You can also have the ability to draft various documents like contracts, wills, deeds, and many more.

Who Is An Advocate?

All advocates are lawyers, while all lawyers are not advocates. Advocates are those lawyers who have cleared the Bar Exam. Clearing the Bar exam allows you to possess the certification, which allows you to represent clients in different courts. This is the basic difference between the lawyer and advocate professions.

Also, as an advocate, you will have the ability to represent your clients in the courts and help them win the cases they are attached to. There are various acts that offer protection to an advocate and other acts that allow an advocate to practice his profession freely in the courts of law. There are also various exams for advocates as per practice in higher courts.

In other words, the difference between lawyer and attorney professions can be explained in the language of genus and species. A lawyer belongs to the genus, which includes every person that possesses a law degree, while an advocate is a particular specie within that genus. That is, advocates are lawyers who possess a law degree as well as a license to practice in any court.

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The Status Of Lawyers And Advocates In The United States

There is actually no difference between the lawyer and attorney professions in the United States. The concept of the United Legal Profession works in the USA. This means that there is basically no difference between the advocates who help people to fight cases in the court and the lawyers that are not associated with a court.

But, in other countries like the UK, Canada, Australia, and India, there is a fine difference between lawyer and attorney professions, as explained above.

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The Roles Played By Lawyers and Advocates In The Society

The society that we live in is bound by law and legal aspects. The functions of society are determined by law. When a crime is committed, it is judged through the eyes of the law. The judiciary or the courts are responsible for judging the applicability of a crime and the level of crime so as to bring justice to the victim as well as the society.

In the US, the constitution is the law of the land. The Supreme Court of the US is the final interpreter of this constitution. The laws in the US are created to protect all individuals and social groups so as to secure the rights of the people.

The rights are there to ensure social, economic, and political justice, equal opportunities, and status of all, in addition to liberty of belief, thought, and expression. These are the major pillars of the US legal system. Hence, lawyers and advocates help individuals to get justice through the courts. Such is the importance of Lawyers and Advocates.

Author Bio:

Charles Simon is a vibrant, professional blogger and writer. He graduated from the University of California, Berkeley, in business management. He is a business owner by profession, but by heart, he is a passionate writer. Now Charles is the owner and co-founder Of gettmeseen.net, toppreference.com,  bigjarnews.com, okeymagazine.com , globalbusinessdiary.com

How to Deal With First Time Assault and Battery Charge? – Guest Post

   

First Time Assault and Battery Charge

Fights and Brawls end up charging you for the offense of Assault and Battery is a matter of concern. Here’s how you can deal with them.

Human emotions affect our daily lives and decision-making power, which in turn escort us to take action. Those actions might be aggressive, unjust, or depict sensitivity. Since actions and emotions are interlinked, it leads to various decisions, the outcome of which is a crime.

Crime impacts the whole of society negatively in the form of the destruction of properties, death of people, reduction of safety, and so on.The United States considers the first time assault and battery charge to be a serious crime. Similarly, The US dealt with various types of crime, such as street crime, drug crime, white-collar crime, and political crime. Here we will discuss street or violent crime, including assault and battery, and how you can deal with first time assault and battery charges.

Understanding Assault and Battery

Before understanding the strategies to evade the charges, it is pertinent to know the essentials of assault and battery. For some states, Assault and Battery are two different notions, not just in terms of punishment but also of the nature of the suit.

Assault is considered an attempt made by any person to put another person in fear of impending harm to the body. However, in battery, contact is involved, which causes damage to another person. From the above, we can interpret that battery is the continuation of an act involved in an assault.

Types of Assault and Battery

Assault

Sexual Assault:

When there is a threat to the victim that they can be at risk of molestation, rape, sodomy, and other sex-related crime, it is sexual assault. In this assault, certain acts are performed by a person against the victim.

Aggravated Assault:

Another term for aggravated assault is felonious assault. In this, it is required that some serious bodily injury or a weapon to cause harm is involved.

Simple Assault:

Some states define simple assault as a misdemeanor assault. In this assault, the weapon is not used to perform any act, as it simply involves a threat of immediate harm, and any physical injury is unnecessary.

Verbal Assault:

In simple terms, a threat is given using words that imply a threat of immediate injury to another person.

Battery

Civil Battery:

In this, the intention to kill is not there; it is a civil wrong and tort. Though in certain states, the battery is considered a criminal liability, sometimes it also involves civil liability, depending upon the nature of the harm.

Criminal Battery:

In a criminal battery, there is an intention to kill the other person with physical force. It also includes a domestic battery. Legally it is an unlawful touch that is harmful and is done to an intimate partner.

From the above, we can conclude that assault doesn’t require a weapon and force in all cases. Whereas, in Battery use of a weapon and force is an essential element.

Also, in an assault, an intentional act is requisite; however, in the battery, it is not.

First Time Assault and Battery Charge

Am I eligible to File a Suit in Defense of Assault and Battery?

Yes, one can file a suit in legal defense to challenge any assault and battery charges. However, every case will be different. Hence, here we will discuss a few points one should understand for a well-ordered defense process.

Allow Your Lawyer to Work

At the time of arrest or trial, the opposition party or police officer might treat you as a culprit even if you are at no fault. At that time, you’ll have the urge to argue with them. However, instead of arguing on your own, let your attorney talk. There can be circumstances where your statement can be turned against you. As a lawyer with expertise in local laws, he knows what strategies he has to adapt.

Be Honest With Your Lawyer

Concealing any facts because of any fear or for any other reason could be a wrong decision. As your attorney, he needs to be aware of all the facts, no matter whether you think it is helpful or not. Hiding anything might turn up against you and could increase your lawyer’s difficulties at the defense time.

Call the Police and Collect the Evidence

If you are under the apprehension of any threat or you have been through any incident, immediately call the police and take evidence of all the possible things.

Defenses Against First Time Assault and Battery charges

Accusing assault and battery charges can hamper your mental and financial health and reputation. One can take certain defenses depending upon their case. A few of the general defenses are:

Self-Defense

One of the crucial defenses is self-defense, though some cases might interpret this term differently. One needs to show that the force used was under the apprehension of a threat to the body or property, and it was not because of provocation from your end.

Defending Someone Else

It is also one of the defenses one can take because protection is not limited to oneself. A person under the apprehension that there is a threat to someone else property or body has used force, and it was not because of provocation by the same person.

No Intent

Assault and battery require the intention, and in defense, if there was no intention and a mere accident, you can get discharged from the charges.

Falsely Accused

There will be some incidents where you can be trapped in a false case. Such as in cases where there was consent between both parties.

How Lawyers Build Up a Defense Against Assault and Battery Charge?

Plan of Action

The basis of a defense lawsuit requires a proper plan of action. Here the attorney defines the steps from start to end by developing a theory and analyzing all the facts and circumstances.

Investigating Charges

Your attorney will collect and investigate the evidence from the alleged crime scene. Since all the charges are against you, your attorney will look at it from a different perspective and try finding out lope holes that will be helpful.

Guiding You Through Trial

The whole case depends upon what you can and must say because any statement can come against you. Based on experience and knowledge, your Lawyer knows how to present the case at the trial.

These are just a few basic pointers, as your attorney’s work is not limited to the above. Hence, hiring an attorney with expertise in assault and battery charges is required.

Conclusion

Not knowing how to evade the first time assault and battery charge could be scary, especially in a mutually heated argument and exchange where both parties are clear with their intention.

With professional help, it can be easier to understand the judicial system and the essential paperwork. The initial steps are the most crucial ones, and any mistake can weaken your defense. At this point, hiring the right attorney with expertise who can understand and smoothen the process for you is essential.

7 Qualities That are an Indication of a Good Truck Accident Lawyer – Guest Post

   

Truck Accident Lawyer

Suppose you are planning on hiring the services of a truck accident lawyer for your injury claim. In that case, you must do your due diligence and ensure that the law team has the experience and knowledge required to provide the best possible outcome. Hiring the right truck accident lawyer can make the difference between a compensation claim worth pursuing or one that has sat on the back burner for years. Only the best lawyers can prove all four elements of personal injury law, which is the only way to get fair compensation.

Here are 7 Qualities That are an Indication of a Good Truck Accident Lawyer

  1. A Good Truck Accident Lawyer Will Have Experience

To obtain results, you need a qualified truck accident lawyer who is experienced and has a proven record of success in such cases. Remember that accidents do not occur daily, so an experienced truck accident lawyer will know exactly how to proceed during a successful claim.

  1. A Good Truck Accident Lawyer Will Have a Full Understanding of the Negotiating Process

An experienced truck accident lawyer must be able to understand you as a client and approach your claims with the utmost professionalism and seriousness. They must also understand the intricacies of negotiating to secure the best possible result for your claim.

  1. A Good Truck Accident Lawyer Will Have Previous Experience wsith Your Specific Injury

An experienced truck accident lawyer will know exactly how to help you achieve the best possible outcome for your injury claim, which means they will have an intimate understanding of the type of injury you have sustained.

  1. They Will Provide Free Initial Consultation

A truck accident lawyer who values the importance of the client-lawyer relationship will provide you with a free initial consultation to feel comfortable in your decision to hire their services. After all, if you cannot afford representation or are not convinced by their services and want to hire another lawyer instead, then it would be best to know as soon as possible rather than later on.

  1. They Will Make Sure That the Claim Process Runs Smoothly

To achieve the best possible result for your claim, a good truck accident lawyer will work closely with you throughout the negotiation process, which can be difficult and time-consuming. If your lawyer does not keep you informed about developments or changes in your case, this can unsettle you and make it more difficult for you to provide your input.

  1. They Will Help You Identify Any Potential Legal Error

In a truck accident claim, the legal process can be complicated, and it can be challenging to identify any potential legal problems. Your lawyer will work with you to identify any possible mistakes and ensure you know all your options to help you avoid any further issues.

  1. The Best Lawyers Will Make Sure That You See the Results of Their Work Quickly

If your truck accident lawyer is not achieving the results they promised you; it is good to know sooner rather than later. It is difficult to determine whether or not a lawyer is capable of achieving the result you desire if you do not see what your outcome will be. It can make it challenging to decide whether or not to hire their services. Finding out the work of your claim will help you determine whether or not they can achieve the desired result.

The trucking industry sees many individuals falling victim to accidents due to their dangerous nature. With technology at its peak, many accidents could be avoided in today’s modern world if there were more safety practices in place.

Author

Author

Bala Adalarasan is a Digital Marketing Specialist. He is the founder and CEO of Orange Digital Marketing, a digital marketing agency that always stays in touch with modern technology. Legal, Technology, and digital marketing are three of his favorite topics to write about. He strongly believes technology can help humans to achieve unbelievable things that can make the future great. Bala’s personal motive is to raise people’s awareness of the value of technology in modern society through his writing.

Did You Know About The Eviction Laws Of Missouri? – Guest post

   

Eviction Laws Of Missouri

Missouri eviction laws are specific and landlords must understand them in order to procede with an eviction. This post will outline the basics of Missouri’s landlord-tenant law, including notice requirements and the eviction procedure itself. If you are a landlord or tenant in Missouri, it is important to know your rights and responsibilities under the rental laws of Missouri. So, let’s get started!

Table Of Contents

  • What is an Eviction?
  • Reasons For Eviction
  • General Responsibilities
  • Missouri’s Law
  • When To Start An Eviction?

What is an Eviction?

Eviction is the legal procedure that landlords employ to kick tenants out of a rental. A Missouri landlord cannot remove a tenant without first filing a lawsuit against them and succeeding in court. Whatever the basis for eviction, landlords must follow the legal procedure. Self-help evictions and illegal lockouts are two terms used to describe the removal of a tenant without a court order. Self-help evictions frequently involve changing the locks or forcibly evicting the renter.

If your landlord forcibly evicts you, get a lawyer and, if you feel safe doing so, get in touch with the police in your area. Gather critical personal belongings including your wallet, official identity, Social Security card, and birth certificate if you fear that your landlord would lock you out.

Reasons For Eviction 

  1. Breaks The Terms Of The Lease

If a renter breaks the terms of the lease, they risk being evicted. The provisions of the lease agreement must always be adhered to by both the landlord and the tenant.

Any lease provision that the tenant violates may result in eviction by the landlord. This is referred to as an unlawful detainer case in a Missouri eviction.

Tenant must receive a 10-Day Notice to Quit from the landlord informing them of their violation and impending eviction. The renter has 10 days to leave the rented unit after receiving the notice.

The landlord is not compelled under Missouri law to provide the renter a chance to correct the rule they broke.

In a Missouri eviction, lease violations include:

  • Injuries to the rental property
  • Smoking in places that don’t allow it
  • There are too many occupants in the rental property.
  • Housing a pet in a rental home or apartment that prohibits pets, etc. 

Eviction Laws Of Missouri

  1. Failure To Pay Rent

The most frequent cause of eviction is failure to pay rent. If a renter doesn’t pay their rent on time, the landlord may evict them.

In Missouri, one day after the due date, rent is deemed to be late. However, if the landlord and tenant were able to insert a clause about rent extension in their lease or rental agreement, a grace period to extend timely rent payment may be available.

Before a landlord can start filing for an eviction action, the tenant must be at least one month behind on their monthly payments, according to Missouri law. This indicates that rent has been past due for at least a month.

The landlord is not obligated to provide the tenant with any previous written notice prior to requesting eviction in a case involving failure to pay rent. The landlord is not compelled to give the tenant any notice, but they are free to do so.

  1. Non-Renewal Of Lease

In Missouri, a landlord cannot kick out a tenant without a tenant’s consent. The tenant is permitted to remain until the last of the renting period provided they do not break any rules.

However, if the renter continues to be a “holdover” tenant, the eviction procedure could start after the required amount of time has passed. A holdover tenant is a person whose lease expires without seeking a renewal. Even one day after the tenant’s formal lease expires, the landlord has the right to evict them from the property (and has not arranged for a renewal). This is referred to as an unlawful detainer case during the Missouri eviction process.

  1. Engaging In Unlawful Behavior

In the state of Missouri, a landlord is compelled to provide a tenant a written 10-day notice to vacate if they have engaged in criminal activities. This gives the renter ten days to vacate the rental home before the landlord can initiate legal eviction proceedings.

Unlawful behavior examples include, but are not limited to:

  • Substance abuse
  • Involvement with the manufacture, sale, or use of a controlled substance.

If the renter is still living there after 10 days, the landlord may start the eviction process.

No warning is necessary, though, if the unlawful behavior fits one of the following categories:

  • Violence or attack directed at the landlord or other renters
  • More than a year’s worth of rent’s worth of property damage
  • Criminal behavior involving drugs

General Responsibilities

Landlords should

  • Prepare the property so that tenants may move in.
  • Make and pay for any repairs needed because of normal wear and tear.
  • Do not shut off a tenant’s gas, electricity, or water.
  • Give written notification to tenants when property ownership is shifted to a new landlord.
  • Do not unlawfully discriminate.

Tenants should

  • Avoid taking on additional inhabitants or subletting without the landlord’s written consent.
  • On time rent payment.
  • Take reasonable precautions to prevent property damage.
  • Dispose of trash properly.

Missouri’s Law

The landlord-tenant laws in Missouri give tenants protection when renting from inattentive landlords and give landlords options for evicting drug dealers, abusive tenants, and anyone who are illegitimately occupying a space.

  • When a tenant permits a third party to occupy the property without the owner’s consent, the landlord can double the rent.
  • Allow county courts to issue orders requiring the immediate eviction of tenants engaged in drug-related criminal activity or violence, even if no one has been apprehended, as well as anybody inhabiting the property without the landlord’s consent. No prior written notification is necessary.
  • If a landlord purposefully interrupts utility service, unless it is necessary for health and safety reasons, it is considered forceful entranc and you can make your property owner guilty for it.
  • Allow a tenant to withhold half a month’s rent or up to $300 (whichever is higher) for the repair of code breaches when a landlord neglects their property, as long as they follow certain conditions and provide the landlord 14 days’ notice.
  • Except for children born during the term of the lease, only two people are permitted to occupy each bedroom.
  • Upon completing the necessary notice procedures, permit landlords to remove abandoned personal items.

When To Start An Eviction?

A court order is required before a landlord can evict a tenant.

Eviction proceedings may be started by the landlord if a tenant:

  • Harms the property.
  • Misses rent payments.
  • Breaks the lease’s conditions
  • Harms the landlord or a different renter.
  • Accepts criminal activities relating to drugs on the property.
  • Fails to leave the property when the lease is up.
  • Engages in unlawful gambling there.
  • Permits someone the landlord has previously barred from living there.

Bottom Line

Missouri’s eviction process is similar to other states in that it requires a landlord to give their tenant(s) notice before an eviction can take place. An eviction cannot happen without going through the proper channels, and there are specific laws in place to protect both landlords and tenants. If you find yourself in either situation, it’s important to familiarize yourself with Missouri’s Eviction Law so that the process goes as smooth as possible.