Best Lawyer » Lawyers

Leading Lawyers on the Best Strategies

admin — Thu, 15 Jul 2010 22:30:06 +0000

Product Description

Inside the Minds Estates & Trusts is a guide for attorneys and their clients on the best methods for structuring tailored estate plans that will meet the individual’s goals. The six seasoned attorneys in this book offer their insightful perspectives on everything from the first steps in identifying individual objectives to the ultimate administration of an estate plan, and all of the important dos and don’ts in between. Covering a wide array of topics ranging from living wills and powers of attorney to charitable trusts and business successions, the authors in this book discuss the substantive financial and tax issues in estate planning, as well as the intangible elements of leaving behind a meaningful legacy. Readers will learn of new and upcoming developments in the law, the pros and cons of standard estate planning vehicles, and lesser-known structuring options they may not have previously considered. With practical tips and useful sample estate planning documents, Inside the Minds: Estates & Trusts is an indispensable resource for making sure your estate is in good hands. About Inside the Minds: Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world’s most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.

Estates & Trusts: Leading Lawyers on the Best Strategies for the Planning (Inside the Minds)

DUI Lawyer in San Diego

admin — Mon, 28 Jun 2010 13:00:10 +0000

If you’ve been charged with a DUI in San Diego, you’ll need to find a highly qualified DUI lawyer in San Diego to take your case. Having an advocate to navigate you through the court system will be invaluable to your peace of mind and, ultimately, the outcome of your case. If you’ve just been arrested for DUI it is in your best interest to learn all the applicable San Diego DUI laws you’ll be subject to. These laws are discussed below.

Why do I need a DUI Lawyer in San Diego?

In San Diego California, the DUI laws are very tough. Below are the charges you are most likely facing;

23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.

23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

In most cases, both the 23152 (a) and 23152 (b) offenses will be charged. Although only 1 act was performed the law clearly states that a suspect charged with drunk driving can be (and in almost every instance is) convicted of both the (a) and (b) offenses. The law also clearly states that the person can only be punished for 1 of the above offenses (the punishments are nearly identical though).

As you can see, having a San Diego DUI lawyer is critical to the success of your case. While you can defend yourself in your DUI case, a San Diego DUI lawyer will help you navigate the tough local laws through experience and personal connections.

How do I know which DUI lawyer in San Diego to choose?

There are a lot of factors to consider when choosing a DUI lawyer in San Diego. You need to make appointments with several lawyers to interview them about their practice and relevant experience. A good DUI lawyer in San Diego will have an experienced track record of success with DUI cases and some important contacts to call on. You should find out how many DUI cases the lawyer you select has defended and more importantly the outcomes of those cases within San Diego County.
A good DUI lawyer in San Diego county will be your personal advocate in court and will be able to attend all of the required court proceedings on your behalf. This will allow you to avoid the stressful, time-consuming court appearances unless the law requires you to specifically appear.

You should also find out how long your San Diego DUI lawyer has been in practice. Of course, your best bet for a good DUI lawyer would be someone who has years of experience under his/her belt. Selecting your lawyer based on cost is not usually the best option as the old adage ‘you get what you pay for’ is especially true when selecting your DUI defense team.

Meet With A DUI Lawyer in San Diego

When you’re in the initial phases of searching for a San Diego DUI lawyer, you shouldn’t have to spend any money. A reputable San Diego DUI lawyer will be happy to meet with you for a free consultation to discuss your case. At this initial meeting you’ll find out more about the fees in relation to your specific DUI charge. At the very least you should meet with several DUI lawyers in San Diego to discuss your case, get some important free information and make your important decision about who will represent you on this very serious charge.

By: Tim H

Tips For Hiring a Lawyer

admin — Sat, 26 Jun 2010 15:43:26 +0000

First, do not hire a lawyer who actively seeks your business. If, without your consent, a lawyer or someone acting on his behalf communicates with you in person or by telephone and asks you to hire him in connection with your accident, this is known as “ambulance chasing” and contrary to the Legal Rules of Professional Conduct. If a lawyer will break those rules to obtain your business, this lawyer is likely not the kind of lawyer you wish representing you.

Ensure you are aware of what you’re paying for. All fee systems are different. Explore if your lawyer will request fees “off the top” or only after all of the expenses are calculated. Insist on obtaining this information in writing and in clear, concise language that you are comfortable with. Expenses will include: court costs, court reporter and copies of transcripts, expert witness fees, private investigator, postage, telephone, courier, and photocopying, legal research, out of town air or car transportation, and hotel and meal expenses.

Learn how you can fire a lawyer. Some contracts specify that even if you fire a lawyer, the lawyer still obtains a substantial percentage of any future settlement you may receive. Ensure that you know how to fire your lawyer prior to your hiring him.

Inspect your lawyer’s records. Inquire through your state bar association if your lawyer has ever been the subject of an ethical complaint. Realizing your lawyer has a pattern of questionable conduct could alert you to potential problems, saving you money and time.

Know your options and ensure your lawyer is protecting them.Lawyers do not merely sue. Suing may be one of the more expensive paths for you to obtain compensation. Ensure that your lawyer has an open mind with alternative means to resolve your problem, such as mediation. Be certain you are obtaining a fair, ethically driven lawyer.

These are 7 essentials to enquire of before concurring to hire any lawyer:

1. Is the lawyer a generalist or a specialist in one category of law?

2. Has this lawyer handled cases like yours before?

3. What alternatives to a lawsuit might be contemplated?

4. Should mediation or arbitration be taken into account?

5. How long should you expect to retain the lawyer’s assistance?

6. How often will you be billed, and what’s the lawyer’s assessment for fees and services?

7. Is the lawyer safeguarded by malpractice insurance?

By: Johnathan Davidson

Choosing the Right Lawyer

admin — Wed, 23 Jun 2010 07:22:19 +0000

Choosing the right lawyer could be a hard thing to do because you may know all of those lawyers. If you would like to find the right lawyer, the first thing that you must take into consideration is what kind of lawyer you need.

You require a criminal defense lawyer if you will court for a possession charge. If you will divorce, you need to choose a divorce lawyer. Choosing specialized representation is always a good thing that you do since the person you choose as your attorney would have a vast wealth of knowledge on that certain subject and many experiences in different fields.

If you would like to find a reliable lawyer, you could do looking online. There are some great websites that you could check in order to get the best lawyer in your city or state.

Before choosing the right lawyer, you need to know what you search in a lawyer. You need to choose a lawyer who is an honest and warm person. Also, you need to know some considerations such as: how long she/has been practicing, what school they graduated from, etc. If they feel hesitated, they likely do not have many credentials and you no need to choose the person.

The last thing that you need to do is you must feel comfortable with your choice. You no need to be afraid to ask questions and the most things is keep yourself involved in your case. So, make your choice and solve your problem.

By: Jonas H David

Defective Product Lawyer

admin — Tue, 22 Jun 2010 23:01:51 +0000

Many products available in the marketplace have certain deficiencies, which make the use of such products more dangerous to the health of the consumers. Even though, there are regulations that require manufacturers to warn consumers about the possible side effects of products. However, several companies tend to overlook such directives.

The work of a defective product lawyer becomes necessary when a consumer becomes the victim of such defective products. In most cases, the producer would negligently refuse to provide the needed label or instruction that is intended to inform the consumer about the correct use of the product. In such a situation, the product becomes risky to the prospective consumer. There are instances, where the consumer might suffer serious injuries and even death at some point. Again, less severe injuries might make several others to suffer from burns, fractures or head injury. Aside these physical injuries, there are several emotional and psychological traumas that may be associated with it. The victim would, therefore, have the right to sue the manufacturer of the product for introducing defective product into the market, which is considered illegal by law.

You would have to realize the fact that the company would not easily bow to your demand and hand you the kind of compensation you will demand. There are times, when this can actually lead to protracted legal action in order to determine whether you have a case or not. This is exactly where a defective product lawyer comes in handy, because these are the type of lawyers with in-depth knowledge on injury laws. They are able to advice you on the case, and how to proceed. For instance, you may have to understand the mere fact that an injury resulted from the use of a product might not necessarily make one eligible for legal suit. Furthermore, the proficient lawyers would be able to give you the professional guide. In the event that you duly qualify, defective product lawyer would be able to fight to the core of the matter and make sure you are given the needed attention.

The pain and agony that come with defective products could be very debilitating and long lasting. It should be stressed that the compensated amount might certainly not be able to clear all your worries, but it can go a long way to reduce it to an appreciable satisfaction. As ignorant as you may be on injury laws, it is highly advisable that you forget the idea of representing yourself, but rather hand over such matters to the hands of defective product lawyer in order to increase your chances of being heard.

By: Mert Ozge

Do You Need a Bankruptcy Lawyer?

admin — Sat, 19 Jun 2010 04:54:05 +0000

Are you swimming in a sea of debt and loans that you want to erase all of them and just have a clean, fresh start? Well, fortunately, you can do something like that if you file for bankruptcy. Filing for bankruptcy gives you the clean financial slate that you need so much. You can even save your most important assets if you consider this option. Though you can file for bankruptcy all on your own, you can avoid much of the hassle if you hire a qualified bankruptcy lawyer to help you. After all, lawyers know all the legalities involved in filing bankruptcy.

Your bankruptcy lawyer will serve as your beacon of light as you navigate the intricacies of the laws governing bankruptcy filing in your state. Your questions regarding the filing of bankruptcy will most definitely be answered by your bankruptcy lawyer. You also need to voice out your concerns as well so that your bankruptcy attorney will do his best in carrying out your wishes. Also, your lawyer will thoroughly explain to you why you need to file bankruptcy and why it is the only way to save your assets without making you feel like a failure. In fact, a lot of people find filing bankruptcy as a means of starting over, money-wise.

Your lawyer will also assist you in restructuring your businesses while keeping debt collectors at bay. It can be very hard to come up with a plan to pay your debtors if they keep on hounding you. Your lawyer understands this, and he will be able to negotiate with your debtors so that you can all come up with a good plan to solve the problem. Sometimes you can employ less drastic measures in saving your financial situation, and lawyer will be able to help you explore these other options that you may have.

In choosing a bankruptcy lawyer to work with you, one of the things that you should consider is his fees. Remember that you are in the middle of a personal financial crisis here, so your budget for your lawyer is important. However, most attorneys are considerate when it comes to these things since they know the status of their clients. Aside from the lawyer’s fees, it will be helpful if you ask him about other costs that you might encounter, like court filing costs for instance.

You should also know about the experience of your chosen attorney. If you are going to hire a lawyer, why not hire the best that your money can afford. A lawyer who is an expert in his field is more likely to give you the best results as compared to those who are new to the field.

By: Frank Schumacher

How to Choose a Social Security Disability Lawyer

admin — Mon, 14 Jun 2010 23:23:47 +0000

If you’ve been researching the Social Security Disability process, you know by now that it is a lot more complicated than just telling the office that you can’t go back to your current job. Social Security law is comprised of hundreds of regulations, rulings and cases interpreting them. There are not a lot of lawyers that practice in this area compared to other areas of the law because… well, it’s a pain in the neck.

Social Security Disability law is complicated, the legal fees are generally low and the cases take a long time to complete. Most of us that do practice in the area do so because, despite the headaches, it’s important. Most of clients have nowhere else to turn. Their disability has turned their life upside down and they are on the verge of losing everything…or already have. If you are disabled, you are entitled to the benefits we are fighting for. It’s your money!

So, if you’ve made the decision to hire a social security disability lawyer, what should you look for? By far, the most important thing is experience. You don’t want a lawyer who “dabbles” in Social Security Disability law. It should be a major part of his or her practice.

You should also be familiar with the medical condition that results in your disability, or willing to become familiar. How can he advocate your position to the judge if he does not understand it himself? Last, he should be willing to take your case on a contingent fee basis. A contingent fee means that he does not get paid unless he wins. The standard Social Security Disability lawyer fee is 25% of the back benefits, but cannot be greater than $5,300.00.

It does not matter where your SSDI lawyer or SSI disability lawyer is located. If he is a lawyer in any state, he can practice in front of any Social Security Law judge. This is even less important than it used to be as an increasing number of hearings occur by video conference and the judge may be hundreds of miles away at the time.

Here are some sample questions you might ask when communicating with a prospective lawyer’s office:

1. How many disability hearings has the lawyer conducted?

Answer: The answer should be several hundred, at least.

2. I’m suffering from (insert your condition). Does your firm have experience with this type of medical impairment?

Answer: The answer should, of course, be “yes.”

3. I understand that the lawyer will often not be available. Will I have one individual assigned to my case that I can ask questions when necessary?

Answer: This is an important issue. If your lawyer has the experience you want, he or she is often out of the office. You should expect that he will assign a particular paralegal or case manager that he oversees to respond to general questions or issues in your case. This person typically will gather new information regarding your medical treatment. A skilled paralegal is a great benefit to both the lawyer and the client.

4. Will the lawyer be at my hearing?

Answer: This may seem like a silly question, but its not. Some companies hold themselves out as Social Security advocates but are not really lawyers. This seems ridiculous, but it is true and it is legal under social security law. In other cases, some law firms will not attend hearings because they deem them to be too much trouble. They will ask the judge to make a decision based upon the written record. Again, this is legal but I think it is a terrible disservice to the client. For heaven’s sake, you are paying legal fees, you deserve a real lawyer and unless there is some extraordinary circumstance, you deserve to have your case heard by the judge.

By: Matt Berry

Essential Qualities Of A Lawyer To Be A Part Of LPO

admin — Sun, 04 Apr 2010 13:50:52 +0000

Lawyers represented that part of the society which was considered intelligent and aware of legislations and capable to fight their cases in court of law. They were expected to be good craftsmen in the court proceedings. However, the qualities of a lawyer varied from one part of the society to the other part. The growth of business necessitated the creation of another category of lawyers; such lawyers were supposed to be conversant with laws and had to do all the necessary acts of a lawyer except appearing in the courts. This brought into a different category of lawyers called “Arguing Lawyers.”

A good number of lawyers started looking at their careers in a different arena like Legal Process Outsourcing. The Legal Process Outsourcing industry requires lawyers to have different qualities. A person has to be a law graduate having excellent command over the English language and conversant with the usage and application of legal software’s.

The solicitors outsourcing their work make it mandatory for the service providers in India to employ lawyers for doing the legal work. A person has to be a law graduate in order to take up the legal work being outsourced by law firms and such lawyers need to be trained to work as per the need of the different outsourced assignments. A lawyer working in an LPO deals with a particular category viz. real estate, document matching, immigration, research, preparation of legal notes. Each of these categories requires different training so as to produce qualitative work. The command of English language is not only limited to brilliance in written communication but also excellence in verbal communication. This also requires the ability of recognition and distinction of accents of the English language spoken in the countries from where business is outsourced

By: Rakesh K Sharma

Should I Hire a DUI lawyer?

admin — Mon, 15 Mar 2010 18:59:36 +0000

The main reason anyone would ask that question is because they have been charged with some form of DUI (driving under the influence) or DWI (driving while intoxicated). If this sounds like you or someone you know you need to hire a lawyer as quickly as possible.

There are several reason why you need a qualified DUI lawyer working hard for you. Primarily they will know your legal rights in regard to the specific charge against you. Thus, they will be able to help prevent you from self-incriminating yourself or any other mistakes you are likely to make.

Moreover, if the charge is a serious one, which hopefully it is not, they will know how to defend you in court. You need the experience of a good DUI lawyer because they understand how to talk to judges, juries and the prosecution. And once again they will know the law far more throughly than you will, given their years of legal experience.

Probably the most common argument against hiring a DUI lawyer is that they are expensive. Well this is a valid point any good DUI attorney is going to be expensive, but that is because of the value they provide. For example, how much would you pay to avoid going to jail even for a few months. For many people the cost of the DUI lawyer when compared to the potential fines and/or jail time of not; find that hiring one is a good investment on their part.

There are however some common misconceptions about what a skilled DUI lawyer can and cannot do. Most importantly they are not miracle workers. If you have driven drunk and killed someone there is no way that you are going to get away with only a fine. People often see shows such as Law and Order and think that lawyers can get people out any situation.

The truth is that if you are guilty of killing or seriously injuring some one while DUI you will face jail time. However, even in these cases it makes sense to hire a good DUI lawyer because they may be able to get your sentence reduced somewhat, especially if you plead guilty.

The situation where DUI lawyers work best though is for first time offenders. They can ensure that the fines and/or jail time will be as minimal as possible. Think of them as your get out of jail free card, that you can only use once. The more serious the DUI offense or the more DUI convictions you have the less leeway a DUI lawyer will have with your case.

Thus, if you have been charged with a DUI or DWI you need a lawyer on your case. Just remember that they are not miracle workers. They have to work with the particularities of your case and history. In the end though you will be glad you did. Better yet, don’t drink and drive in the first place and you will never have to ask this question again.

By: Ian E. Wright

An Entrepreneur’s Guide to Using a Lawyer

admin — Tue, 16 Feb 2010 23:16:28 +0000

Starting your own company can have great perks. You are your own boss. You get to control your hours. Great, right? Some budding entrepreneurs rush into the whole start up process and go right at the “business” aspect of their company. Well, one step many entrepreneurs forget to do is hiring a lawyer. The image of a lawyer is usually intimidating for most entrepreneurs. They avoid using them as much as they can. Many think that it will be very expensive. I know that when I started my first company, entering into those fancy offices and grand conference rooms seemed extremely intimidating. But, trust me, in the long run it’s the right choice.

Here’s how lawyers can help you:

Market knowledge. You know your product or service. I’m guessing you have also done a fair amount of research into the market you want to enter (hopefully, if not stay turned for my upcoming guide on market research). But do you know enough? A lawyer familiar with your industry has already acquired a depth and breadth of knowledge that would take years to match. Tapping into that knowledge is a wise investment in your business. A good lawyer will be able to tell you if the moves you are contemplating are wise, from a business and a legal perspective.

Validity of transactions. Once you decide to proceed with your start up, you will be making transactions with other people. Perhaps it will involve issuing stock, or creating contracts with partners and employees. At these crucial junctures, you will need an experienced person to create or look over your agreements. At these times you should seek guidance from a lawyer. He or she can help you decide if a transaction is actually in your best interest. A lawyer can also ensure that a certain transaction won’t hurt you in the future. That assurance alone can be invaluable.

Legal compliance. There is almost no way for you, as a non-lawyer, to know about every law and regulation that affects the industry you want to get into. There are several different areas that are vital to your business’ success. You may find yourself making costly errors. When, for example, you are bringing in investors, incorporating your company, or dealing with your former employer’s claims on your new venture, you need to be sure you are on solid legal footing, have filed the correct paperwork and paid the correct fees.

Intellectual property. Suppose you begin to develop an idea with two friends. A few weeks into the process, one friend loses interest and drops out. The two of you that are left to develop your idea into a sellable product. Finally, the money starts coming in, and life starts improving. Then, you are hit with the lawsuit. Your “friend,” the one who left, is claiming that you were working with his idea. Now he wants your share of the profits, even though he really had nothing to do with your success. Unfortunately, this happens all the time. A lawyer can tell you what you need to do to make sure someone doesn’t take credit for your idea. That may involve patents, or having someone who leaves the company relinquish their rights to future profits. You will need to know about IP rights assignment and non-disclosure agreements (NDAs).

Forming a corporation. At some point, you will need to form a legal entity, either by yourself or with the people who are working with you to develop this idea. But all corporations are not created equal! And you have several options that serve different purposes. All of them provide some tax and liability protections. But you can’t be expected to know which of them best fits your business. However, this is usually where a good corporate lawyer is useful. He or she can look at your specific information, ask several questions, and tell you not only which setup best fits your situation, but which state to file incorporation papers in. (Some states, like Delaware, are much more corporation-friendly than others! And often preferred by investors but what are the pros and cons and costs involved).

By: Akash J. Shah