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Archive for May, 2008

Criminal Law

Saturday, May 31st, 2008

by Emily Finch

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Accident Law

Friday, May 30th, 2008

Currently the most dangerous place to work in the United States is a construction site; many lives are lost each year. Because the number of accidents started to increase, New York State decided to do something about it and change the law; resulting in the number of specialist accident lawyers rising. Accidents where workers fall are not only the most prevalent but the most feared; but electrocutions, fires, explosions or being crushed by machinery – any one of these can kill.

If you are injured, the first thing you need to do is document what happened and the conditions that caused it; the sooner this is done the better. This will increase your chances of a successful compensation claim as it is easy to pick holes in an incomplete record of events; never underestimate the importance of this.

It should read a little like a police report with the what, when, where and how sections completed; these facts could include details such as:

*When and where it happened *Machinery being used *Any problems with the equipment *The last time the machinery was checked *Witnesses to the incident *Did weather conditions play a part?

This report should be as complete as you can possibly make it; adding every fact no matter insignificant, will assist your accident lawyer and strengthen the case.

If you want a successful outcome to the compensation claim (why wouldn’t you), you will need to choose a specialist attorney or firm; this will increase your chances of a positive outcome. Remember you have had an injury that wasn’t your fault; the legal representative for the other side will be a professional accident lawyer so you need to employ the same.

As the law regarding compensation claims and lawsuits are in the employers favor, prosecution for negligence by the employee is forbidden; this does not mean that others cannot be held responsible for negligence or faulty equipment and these people or companies can be prosecuted. This could be equipment manufacturers, third-party contractors and even the property owners; anyone who is defined as a third party operator can be sued for injury compensation.

New York State is very protective towards construction workers, so in this case, the law is completely on their side; they have made it known that claims will be made against contractors and property owners who do not keep their sites safe. With these laws, no-one should really escape, not even subcontractors. Compensation can also be sought from the equipment manufacturers if the injury was the result of faulty equipment; in cases like this you can be advised on your next step by your accident lawyer. As this area of law is complicated and full of loopholes, it would be advisable an accident attorney with construction site injury expertise; it is more likely a firm that deals exclusively in this type of law will serve you better.

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CAUSE LAWYERING AND THE STATE IN A GLOBAL ERA

Friday, May 30th, 2008

By: STUART SCHEINGOLD, A.

Cause lawyering is law as practised by the politically motivated and those devoted to moral activism. This text examines the concept in a global context, exploring ways in which it influences and is influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change.

Lawyers

Friday, May 30th, 2008

When trained to a high level in the legislature of their country, a person may be referred to as a lawyer; also known by the title attorney, advisor or advocate. As advocates, lawyers can represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client; whilst they are able to appear in court to represent their clients some prefer this work more than others. Often they will just be required to give advice on law and then act as a legal advisor; they may be used by clients for suggestions on how to proceed in a civil matter.

A lawyer who primarily spends time in court is called a trial lawyer; owing to the fast thinking that is required by those who practice this area of law, it is not for everyone.Much of a trial lawyer’s work is actually performed outside the courtroom environment; much of the work involved is looking into the case with interviews, statements and evidence plus legal procedures to check and follow.

Our entire society is affected by laws and the legal profession; it affects everyone’s life from negotiating a house purchase to organizing a will and the reason why lawyers are governed by a very strict code of practice. Depending on what area of specialization they work in will decide whether they practice in a courtroom; although they are all able to represent their clients in this manner when required.

For every area of society, industry and commerce there is a specialist area of law: examples of just a few are show below:

*Intellectual Property Rights *Insurance *International law *Personal Injury *Company Law

Considering the number of legal representatives there are, it is surprising just how many will never be required to attend a court of law!

Those specializing in environmental law for example might watch out for the interests of organizations on either side of the argument; just a few of the many examples are listed here:

*Recycling Companies *Federal Agencies *Airports

It is not all glamour though as much of the work involves resolving land disputes, planning licenses and land administration; although they may also be called upon to challenge or defend other civil actions.

Some attorneys concentrate in the growing field of intellectual property rights; protecting clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Legal departments within insurance companies also employ specialist lawyers; insurance terms and conditions often change to protect the company from fraudulent claims but they can also be useful performing insurance investigations.

The vast majority of attorneys work within the private sector where they can devote their energies to either criminal or civil law; criminal lawyers represent people charged with crimes whether for defense or prosecution; civil law uses their talents to argue in a civil court over claims, mortgages and other types of litigation.

Another high profile legal position is in cases where the public interest is served; these can include law suits and legal representation that affects the general public for instance. Lawyers with a more rounded social conscience can work for non-profit organizations or legal-aid centers; this aspect of legal assistance is often frowned upon but it is a dignified use of a person’s legal skills.

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GANGLAND - THE LAWYERS

Thursday, May 29th, 2008

By: JAMES MORTON

Offers the stories of “shyster” lawyers such as Frank Ragan, who acted for three mob leaders, and James Seymour, the barrister and forger involved in the first Great Train Robbery. James Morton provides a worldwide study of these shady individuals and their seedy but compelling stories.

Bankruptcy Lawyers

Thursday, May 29th, 2008

Having to file for bankruptcy is a serious business, why would anyone consider embarking on this course of action without a reputable bankruptcy lawyer; their assistance may ease some of the stress during this awkward period. Whilst filing for bankruptcy requires a little more work and preparation than it did before the changes in law, most of that work will fall on your attorney to complete. This part of the process can be frustrating for many debtors with financial worries, but once your attorney has finished this initial section of the application, you can move forward without further hindrance.

Fortunately, the United States bankruptcy protection code provides certain exemptions for people who are filing for bankruptcy when it comes to the disposal of property. It is unlikely that your home or vehicle will be at risk. Your lawyer will also tell you that there are also exemptions for clothing, furniture, work tools and other necessary items you will need to live and to continue working.

Some States also have additions to the federal code but your bankruptcy lawyer will be able to inform you about these and how they will affect your bankruptcy period. The chances are that the person filing for bankruptcy does not own very high value items. The purpose of insolvency is not meant to be a punishment therefore many things required for living are exempt from creditors.

Details of bankruptcy will stay on your credit record for ten years but there is more to it than that. However, a person’s credit rating is based primarily on their credit activities during recent times. This is the reason why not long after you have been made bankrupt, a whole host of companies offering credit will start contacting you, but you must be very careful at this time.

Your bankruptcy lawyer will tell you to be wary of these offers at this time as many companies specialize in approaching these types of cases and offer loans at extortionate interest rates or conditions. Such credit could put you back in the position you were before.

Fortunately most people who are able to keep their bills current after bankruptcy are able to re-establish their credit in 2-4 years, which is a relatively short period of time. Sure, the bankruptcy will still appear on your credit report, but if your current credit is solid, that’s not likely to keep you from buying a home or a car or even obtaining some unsecured credit accounts.

Most people that have become bankrupt have done so as a last resort, probably trying all the alternatives. It isn’t an easy decision to make so the credit companies should not give the impression that only losers and failures take this action. If this attitude continues, it will just ensure that legislation will become more restrictive. It will therefore become increasingly difficult to apply for bankruptcy. However, your bankruptcy lawyer will say that the vast majority people who file for bankruptcy protection are honest, hard working people who have just fallen on hard times.

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LAW AND BUSINESS OF INTERNATIONAL PROJECT FINANCE

Wednesday, May 28th, 2008

A RESOURCE FOR GOVERNMENTS, SPONSORS, LAWYERS, AND PROJECT PARTICIPANTS

By: SCOTT HOFFMAN, L.

This updated third edition examines the risks of project finance deals as a step-by-step handbook and reference for professionals.

Accident Law

Wednesday, May 28th, 2008

Of all the professions in the United States where danger is involved it is the construction industry that is the most hazardous to health; few occupations face such regular dangers as these individuals. Unlike anywhere else in America, New York State has lead the way by providing special laws relating to construction site safety; using accident lawyers to represent injured victims and families. Many types of accidents happen on any site but it is falls that occur most frequently; but electrocutions, fires, explosions or being crushed by machinery – any one of these can kill.

It is important that when an injury or accident happens, information about the incident is documented; this needs to be completed quickly before important facts are lost. Unfortunately it is one of those situations where the more information you have recorded the better the chances of a successful compensation claim; often injury victims only find out how important this is when it is too late.

It should read a little like a police report with the what, when, where and how sections completed; for instance:

*The time of day, date and place of the accident *What type of equipment caused the injury? *Any problems with the equipment *The last time the machinery was checked *Did anyone else see what happened? *Could the weather have had an effect?

Every piece of information available should be kept; the accident lawyer will ask for as many details as possible so it’s possible to build a watertight case.

The next thing to do is to get a good lawyer and in these cases, you want someone who has experience with accident law; you can be certain that your chances of success will be increased. Remember you have had an injury that wasn’t your fault; you could be making a very costly mistake by not hiring a good quality accident lawyer.

Many people never file a compensation claim or lawsuit against their employer because the law prevents this from happening; nevertheless, employers are not the only ones that could be held responsible for an accident. This can include, third-party contractors, property owners, and equipment manufacturers; you are at liberty to make a claim for injury from third party companies.

If you are a construction worker in the State of New York you should consider yourself lucky as you have the law on your side when it comes to safety issues; they have made it clear that the site owner and contractors must ensure the site is a safe working environment. The responsibility even extends to the subcontractors who cannot escape justice. It is also possible to pursue negligent construction equipment suppliers if it is found that injuries and accidents are the result of unsafe equipment they supplied; this is where your accident lawyer will be of great benefit. There are a number of specialist law firms whose work only involves construction site accidents, and these are the ones to seek out; they will have knowledge of local laws and are more likely to pursue a successful claim.

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PRACTICAL GUIDE TO LAWYERING SKILLS

Tuesday, May 27th, 2008

By: FIONA BOYLE, DEVERAL CAPPS, PHILIP PLOWDEN, CLARE SANDFORD

Lawyering skills are part of undergraduate law degrees as well essential elements in the postgraduate vocational law courses, the LPC and the BVC. This third edition brings together the theory and practice of these skills. It is aimed at undergraduate and vocational law students seeking to develop the skills to work successfully with law.

Lawyers

Tuesday, May 27th, 2008

Lawyers are people trained in aspects of law who may represent clients in court; American legal representatives are often referred to as advocates or attorneys. In both criminal and civil trials, the lawyer acting on behalf of clients in court is called their advocate; they can all appear in court but many choose not to whilst others spend most of their time in the courtroom. There is a slightly different set of circumstances if they provide legal counsel, when they are referred to as legal advisors; whether the matter is personal or business, they are there to provide assistance.

One who primarily practices law in a courtroom is a trial lawyer; of particular importance in trial work is the ability to think quickly and speak with ease and authority.Trial lawyers actually spend more of their time outside the court; they perform their own investigations into the case in addition to other trial procedures including talking to witnesses.

The law in all its guises affects every aspect of modern society; this is why lawyers have their own set of laws they must abide, to be above reproach. There are many specialized areas of law which they can focus; however, all can and do appear in court from time to time to represent their clients.

There are many areas now where a lawyer can specialize; just a few examples are listed here:

*Constitutional Law *Health Issues *Environmental Issues *Marine Law *Identification Theft

It depends on the field they practice in, as to whether they will use their skills in a courtroom!

Those who decide to become experts in environmental law may represent any side relating to the disputed issue; a few examples are listed here:

*Construction Firms *Utility Companies *Large Corporations

Often this work will be mundane as it involves planning applications and licenses for example; however, they also protect companies where claims for damages are being sought.

Intellectual property rights is one of the newer branches of law that attorneys are involved in; designed to protect products from theft and copyright primarily in the field of digital media like computer programs. Most large insurance providers engage the services of specialist lawyers in their legal departments; writing insurance policies, investigating claims protecting company assets are just a few areas where their knowledge is useful.

Most attorneys work in the private sector working on criminal or civil law; criminal lawyers defend or prosecute persons charged with a crime; however civil law is much different and is normally based around interpretation of the law but this is a gross simplification.

There are those individuals that prefer very high profile, ‘public interest cases’ both civil and criminal; these might concern large companies for example where their image might be at risk. A few lawyers decide to use their knowledge to help the defense and rights of those less fortunate in foreign countries; the work involved might mean providing legal assistance or representation to people who are not in a position to help themselves.

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