Reporting a Lawyer for Ethics Violations

Reporting a Lawyer

Lawyers are bound by a code of ethics that governs their professional conduct. While the majority of lawyers adhere to these standards, most states have appointed a Disciplinary Counsel to investigate and act on violations when they occur.

Typically, Disciplinary Counsel only investigate grievances that are brought to their attention via a complaint. Complaints may concern ethical violations that clients feel the lawyer has committed. Other practicing lawyers can also file complaints. Common consumer complaints include:

* Failure of the lawyer to communicate with the client
* Lawyer neglects to return the client’s documents
* Failure of the lawyer to safeguard client property
* Conflict of interest
* Misrepresentation
* Funds missing/fee disputes
* Non-professional conduct in handling of cases

Filing a Complaint

If a problem occurs with a lawyer, the client must file a complaint to the counsel in the state in which the lawyer is licensed. Generally, the process for filing a complaint involves either filling out a form provided by the Bar Association in the particular state, or writing a detailed letter. The detailed letter should contain the lawyer’s name, address, phone number, the circumstances under which the lawyer was hired and a description of the problem. Some states request additional documentation to be filed with the complaint.

In some states, a complaint may be filed by calling a hotline.
Complaint Review and Resolution

In most cases, a board of lawyers and non-lawyers reviews the complaint. If there might be some ethical violation, the lawyer in question is usually provided with a copy of the complaint and given 10-25 days (depending on the state), to respond to the complaint. In some states, clients are given a chance to comment on their lawyer’s response and to request that an investigation be opened. The case will either be dismissed if no evidence of a violation is found, or it will remain open. If the violation is found to be minor, a phone call or letter to the lawyer can readily resolve the issue. A hearing will be set up if the violation(s) are of a serious nature, based on the review of the board.

Confidentiality

Most information is kept confidential until it’s released to the lawyer in question. Some states don’t allow anonymous cases because documentation is vital to the investigation. Disciplinary counsel needs the signature of the person filing the complaint on the complaint form or letter in case there is a need to testify in court. Some states allow anonymous complaints if the issues affect the general public, or if the board itself is able to bring the issue against the lawyer without further evidence from a client. If the state does allow anonymous complaints, a request for anonymity must be included in a detailed letter, on the form in which the complaint is filed or during the phone call.

Many state attorney general offices and other agencies provide consumer protection departments. (But it’s not usually a good idea to try to gain an advantage in a legal dispute over adversarial parties by threatening to contact a government agency if they don’t comply with your demands. It is possible that such action could be characterized as attempted extortion on your part.)

Cyber Law – How to Respond to Online Reputation Attacks?

Cyber Crimes

Today, people are using internet far more than they used to just one year ago. The number of users was growing exponentially and is still growing. Unfortunately, people often use internet for wrong purposes and one of them is also reputation attacks on other people. Because people consider internet as a private and anonymous thing, they think that they can write anything they want without even considering the damage that can be caused to other people. The fact that the statement wasn’t true is not important at all, because the damage is already done. In order to get your reputation back, you need to react on online attacks.

Two decades ago there wasn’t really any type of cyber law. Today, we can’t pick up a newspaper, without reading something about legal issues that involve the Internet, or the companies that do business there. The record and movie industry has been distraught over piracy, copyright infringement, and stolen intellectual property. And they have every right to be, but they aren’t taking it lying down.

Software companies are also being ripped off, and it’s not just in places like China where you might expect, a lot of stuff happens in the United States, and the Internet is worldwide, as we cross the digital divide. Sometimes people can’t afford songs or movies so they download from a website which has pirated the songs and movies, and then there are the people who build websites who distribute this material who find ways to get a hold of it, usually you legally themselves.

First of all, you may want to respond to accusations and explain your side of the story. In case the person who wrote defamatory remarks is reasonable, he/she will try to understand it and raise the level of communication. But, in case this person does not understand it, most lawyers will suggest injunction.

Injunction can be very powerful in case it’s used correctly. Most defamatory cases are solved with just the threat of injunction, because people are scared of the costs connected to it. The most important thing you need to keep in mind is to seek it against the correct person. Most effective injunctions are sought against the owners of the websites where the defamatory content is published. In addition to the individual writer, an injunction can also be sought against internet service provider.

On the other hand, injunction against unscrupulous people isn’t successful in many cases. People who consider themselves they have nothing to lose, are often even more aggressive with writing defamatory content after they receive a mere threat of injunction.

The most important thing we can do about keeping our online reputation is prevention. Treat your clients well, don’t give them reasons to hate you and write nasty things about you. In case someone still writes defamatory content about you, you might find out that your other clients are responding (writing comments, blog posts) with their positive experience. In this case, your reputation will even increase.

What to Do After a Criminal Arrest

Criminal Arrest

Being arrested for a crime can be one of the most difficult experiences a person faces in their life. You are put in handcuffs, placed in the back of a police cruiser and then taken to jail where you will stay until a bond is set and you make payment to get out. Because you are in jail you don’t have a lot of opportunity to communicate with the outside world to get the help you need immediately.

The booking process

The first think you need to do is try to remain as calm as you can and be respectful of the staff working in the jail. The people that work there can help you if you show them respect but sometimes acting up while in custody can result in picking an additional charge or affect your bond as they will report that you were disruptive during the process. The golden rule for criminal charges is do no harm to yourself.

Call an attorney, spouse, or family member

You need help from someone outside the jail if you want to get out as soon as possible. Calling a family member, friend or better yet, an attorney is the best way to get released and you can start dealing with the charge. You need to tell them what jail you are located, what the charge is against you and what time your bond hearing will be.

When you make that call to get help do not under any circumstances admit guilt to the crime or discuss any of the facts as the calls are recorded and can be used against you. Do not discuss the facts with anyone inside the jail as they can use that to provide information to law enforcement to try and get a deal for themselves, trust nobody.

Get money for the bond

This can be one of the most difficult things to do because you are in jail have limited access to cash. Before you go to the bond hearing make sure you have money to meet the terms of the bond. An attorney can help you with this but if you do not have one at this point contact a bondsman so they can help you in the event you make bond. The last thing you want is to be stuck in jail because you cannot meet the financial terms of the bond.

What to do once you are out of jail

The most important thing to do once you are released is to show up for any and all court dates. Even if you do not have an attorney you need to appear otherwise you risk getting a bench warrant issued for your arrest and then you may be stuck in jail until the case is resolved which can be over one year sometimes or you are forced to enter a guilty plea so you can be released. Don’t put yourself in a position to make bad decisions under pressure, stay on top of your court dates and be proactive in helping your own cause.

Find A Real Estate Lawyer – Role Of A Lawyer In Property Sale

Lawyer In Property Sale

If you are selling your property, you must find a real estate lawyer to be equipped with precise legal support to handle legal issues involved in the sale. Buyers appoint their own lawyer, so make sure that you have reinforced your legal position with an experienced and proficient real estate lawyer or attorney. When you are searching for a lawyer, you must check out his profile, cases handled and resolved by him, his credentials, profile of the law firm in which he is practicing and many more factors. The easiest way to look for a best real estate lawyer would be to go through online real estate lawyer sites, rather than looking around in your vicinity. Checking track records and credentials of a lawyer becomes easy task through websites of the law firms and individual legal consultants.

Job Of A Property Seller’s Lawyer

Although there is no distinctive function or job defined for a lawyer taking care of legal issues in the sale of a property, such a lawyer usually performs the following tasks to help you in property sales –

1. He/She will draft and review sales contract
2. Ensure title of the property and the documents pertaining to the property are properly included in the sales
3. Revise mortgage information and re-calculate transaction to ensure that those are correct
4. Revise tax bills related to the property
5. Adjustment of dates for utility costs, condominium costs or municipality costs
6. Assessment of the amount of due refunds, if any
7. Drafting statement for adjustment
8. Drafting transfer deeds
9. Taking care whether their clients are able to deliver title to the buyer, when the sale is closed.

Documentation Asked By A Real Estate Lawyer From His Clients

As a seller, you are required to keep ready some essential documents if are about to find a real estate lawyer. Following are the documents your lawyer would require –

  • Latest tax bill issued on your property
  • Last year’s utility bills on property
  • Mortgage details
  • One copy of the offer accepted by buyers
  • Transfer documents on the property since when the property was purchased
  • Additional relevant records which prove that you are the owner of the relevant property.

Fees Charged By Real Estate Lawyer

As you close a property sale deal, be prepared with some payments. Find a real estate lawyer to take care of these payments, including real estate attorney fees. You must keep aside a portion of your profit for insurance, taxes, liens and assessment, escrow charges or charges for title insurance, inspection fees etc. Your real estate lawyer may charge you commission and transaction fees.

When you are trying to find a real estate lawyer, the best option that comes to one’s mind is an online real estate lawyer. When selecting an attorney for property related issues, important criteria for selection are qualification, experience and real estate lawyer fees.

Criminal Law Attorney – Different Types Of Criminal Attorneys

Crimnal law Attorny

A criminal law attorney is classified on the basis of the responsibilities undertaken and sections of criminal law. The attorneys are classified as per the branches of this laws. The branches of law altogether seek ways of how to define a crime. The objectives of all the branches of law when combined include three main duties. One is to define what the crime is. The second is to identify the victim involved in the case. The third and the last one is to find out the actual executor of the committed crime. To perform all three duties, it is divided into two sections. Each of these sections of law triggers specific illegal actions. Therefore, the classes of criminal attorney are classified according to the criminal laws to take over particular procedures.

Different Sections Of Criminal Law

It is classified into two sections that follow different procedures and involve specialized criminal attorneys.

1. The first type of criminal law involves criminal procedures. This section implies the undertaking of trials in the court. A criminal trial attorney takes care of how to conduct trial periods in the courts. This procedure further defines ways in which the claims can be investigated. It also dictates procedures of collecting facts and evidences. Usually, the attorney who takes over the job of gathering evidences is a defense attorney.

2. The second is substantive criminal law. The substantive law primarily emphasizes upon the crime and appropriate punishment. A criminal defense attorney is involved in the substantive section and represents the people accused of any crime. After being hired by their clients, they begin their job. If the accused individual is not financially capable enough to afford a defense attorney, the court appoints an attorney to represent them. After being appointed, they proceed with meeting their clients first to gather details about the event from the clients’ perspective. Until and unless their clients admit guilt, they do not hand their clients over and continue aiding their clients with the legal support to achieve courtroom success in the end.

Benefits Of Online Attorney Firms

Recently, these firms are following the trend of expanding their services on the internet to be easily accessible. There websites have benefited hapless people accused with the crime by helping them find out different types of attorneys at their fingertips, and that too within their range of affordability.

A criminal law attorney or criminal attorney acts as a criminal trial attorney to conduct trial sessions and also as a defense attorney to collect evidences etc. The best possible means of finding an affordable attorney is through conducting comparisons on the online criminal attorney firms.

In this research article, we shall study the administration and trial of the offence by Criminal court established and other laws and what are principals of administration of these criminal courts? We shall also study types of administrative agencies and how these investigating agencies provide assistance the courts in administration of criminal justice.

Legal Advises in Divorce Cases

Divorce case

Are you stressing about getting a divorce and tired of being in an unhappy marriage? In most states divorce is noted as the termination of a marriage and stands as a decree by the court that a legitimate marriage is no longer in existence. When a divorce is established, it leaves both parties at liberty to remarry if and when the opportunity may arise.

A divorce also determines the separation of property as well as child custody and child support arrangements.

Although a divorce can be an emotional process, the majority of cases do not end up in a dispute trial. To ensure that a dispute trial does not occur, lawyers often assist during mediations between the two parties. They do this to ensure that a fair solution is agreed upon by both sides. In order to receive approval of this agreed upon solution, the mediation process must be presented to a judge by the lawyer and/or lawyers as well as the two parties involved. The court can make a decision for the parties, if they are unable to settle upon an agreement based on support, custody, and/or property.

With the help of an experienced divorce lawyer the two divorcing parties usually negotiate and settle upon areas including:

  • Division of Property
  • Child Custody
  • Spousal Support
  • Child Support
  • Financial issues

In the case where neither the wife nor the husband blames the other for the collapse of their marriage, a no-fault divorce can be sought. All states now offer no-fault divorces, while 13 states consider no-fault as sufficient grounds for divorce. Approximately, thirty-nine states offer fault-based grounds for divorce which includes physical cruelty, desertion, adultery, and chronic drug use.

Within most states, a threshold requirement of domicile or residency for at least one of the parties is required to attain a divorce. Domicile, is considered to be the state which an individual calls “home.” Residency refers to state in which an individual lives. Although not all states, most do consider these terms parallel. In most states with residency requirements, a specified duration of time must be held in order for one too claim residency, which varies from state to state. For those states that have no requirement concerning residency, a person can seek divorce upon arrival in the state.

There are many law firms which specialize in family cases like divorce case. You should try your best to find an experienced and reputed attorney. You can find the lawyer with the help of internet pages, online directories and related websites. It is a good idea to consult a friend or relative who had recently handled a case of family divorce law. If you need legal help and assistance concerning a divorce, contact a divorce lawyer in your area now.

Finding a legal support is a bit difficult task but it can be easily done if you follow some tips and instructions which are stated in this article.

What is personal injury?

personal injury

Personal injury is the legal definition for injury or damage taken to the physical body, mental integrity, emotions and does not cover damage sustained by objects or other kind of physical properties. During personal injury trials the lawyers will try to prove that the sustained injuries are due to the negligence of a third party.

Types of personal injury

There are many different types of personal injury claims involving individuals, companies and even state organizations. The most common personal injury cases are car accidents, home accidents, injuries sustained due to product malfunction, work injuries, personal assault and vacation accidents. Other types of personal injury include medical and dental injuries or diseases and conditions caused by the fault of a third party. These kinds on injuries may refer to medical negligence, diseases inflicted by the working environment like mesothelioma, chronic bronchitis, asthma, deafness, eye problems, mental issues caused by too much stress etc.

If the court will decide in the favor of the person who sustained the personal injury, then the accusing party will benefit by a monetary compensation. Due to this aspect there are many voices that raise questions over the legal system because some people are willing to do what ever it takes in order to win a personal injury claim. Sometimes the lawyers also are tempted to bend the law because in many cases they are entitled to a share of the claim amount if they win the case.

Time limit of personal injury claims

In some countries there is a time limit before which a person can claim compensation following an accident. For example, in England, the personal injury claim must be made at most 3 years after the situation occurred, otherwise the claim will be declared void. This might pose some issues especially to the people who were under the age of 18 when the accident happened and thus could not open a court trial and there are also the cases of diseases caused by working environments which make their presence sensed only after 5, 10 or even 15 years since the exposure to that particular environment.

Main responsibilities of personal injury attorneys

The responsibilities of a personal injury lawyer are also of professional and ethical nature. After they are licensed to practice law, personal injury attorneys are able to file for complaints, write legal papers, argue cases in court and offer support and legal advice to personal injury victims. They are also responsible for interviewing clients in order to establish the exact circumstances of how the personal injury took place and to determine if the case will have a solid ground in front of the legal court.

The main responsibility that and personal injury attorney has is to help victims obtain the justice and compensation they are entitled to after sustaining the personal damage. However, lawyers dealing with personal injury claim cases must also adhere to the strict rules of law ethics in the professional relationships with their clients. They also must pledge loyalty and confidentiality to all clients they represent.

Some Words About Criminal Law

Criminal Law

If you’ve been charged with any crime, a criminal law attorney is someone you should consider working with throughout your case. Many people think of an attorney representing defendants only during a trial, but criminal law attorneys actually perform a wide range of services from the beginning of a case until the conclusion of the case. Because criminal law is a complex subject, anyone thinking about representing themselves in court should seriously reconsider that decision. An experienced criminal law attorney has the body of knowledge and the courtroom experience needed to build the best possible defense for your criminal case.

Representation for Indictable Offenses

A criminal law attorney can represent you if you have been charged with any of a number of indictable offenses in New Jersey. This can include misdemeanor offenses along with more serious felony offenses that can result in hefty fines and lengthy jail terms if you are convicted. When you hire an attorney to defend you against an indictable offense, youll be working together throughout your entire case. Your attorney may prepare and file court documents, represent you during pre-trial conferences, work with prosecutors to reach a plea agreement, question witnesses during trial, and speak on your behalf in court.

Bail Reduction Hearings

If you have been charged with a criminal offense and the set amount of bail is beyond what your financial situation will allow you to pay, you may be able to get a bail reduction hearing. If you are granted such a hearing, a criminal law attorney can represent you. Your attorney may speak on your behalf in an effort to get your bail reduced to a manageable level. In these hearings, the prosecutor may argue that you are a flight risk or that you are a danger to yourself or others and request that your bail reduction not be granted. Having an attorney representing you can help you effectively argue these points and get your bail reduction granted.

Motions

In addition to representing you in court proceedings, your attorney can also take care of preparing and filing a number of motions related to your case. A motion to dismiss may be prepared if there is no legal remedy available for the case. A motion for summary judgment may be prepared to ask that all evidence be considered and a judgment be made in favor of the party preparing the motion. A motion in limine may be filed as a means of trying to exclude certain evidence from a criminal trial. There are also motions that can be filed after a person has been convicted of a crime, such as a motion to set aside the jurys verdict. Since these motions can play a key role in the outcome of your case, its important to work with an attorney to make sure the appropriate motions are prepared and filed.

Domestic Violence Cases

A criminal law attorney can also help you during a domestic violence case. If you have been the victim of domestic violence, a lawyer can represent you in court, ensure that protective orders are issued and followed, and work to prevent further abuse from occurring. If you have been wrongly accused of domestic violence, a criminal law attorney can represent you in court and work to prove you innocent of the charges you are facing.

The Main Goal Behind Hiring An Attorney

Hiring An Attorney

Whether you’ve been injured by another in an accident, on the job, by poor medical care, or by any negligence, the goal of hiring an attorney is to restore justice to an unjust situation—to get what is deserved. Here in your city, accidents occur and medical procedures go awry every single day. It is up to those who have been wronged to seek a capable and dedicated lawyer. Medical malpractice and personal injuries are always important topics when it comes to law, and these days having skilled and experienced attorneys to represent you has never been more important, especially in your city.

Medical Malpractice

A proper settlement can be reached if you have a competent attorney whose one and only goal is to get the plaintiff what is deserved. Many attorneys focus on merely covering the costs of the failed medical care. Rather, it should be the mission of the attorney to get additional compensation due to the pain and suffering of the patient, as well as, the family.

If the person who was poorly treated is/was your family’s financial provider, it is absolutely essential to seek reimbursement. You and your family should not be punished financially, and your children should not lose out on opportunities as a result of poor medical care. Be firm and hire an attorney that understands the severity of the situation.

The pain and suffering you or your family experienced due to careless and irresponsible medical treatment can never be truly rectified. However, by achieving compensation for your family, an attorney can give you piece of mind knowing that justice has been served and your family will be taken care of.

Importance of experienced attorneys in cases of personal injury

Personal injury cases can cover anything from car accidents to the use of unsafe products or unsafe work conditions. Personal injury cases very often include not only physical injury, but also emotional injury or emotional distress, such as threats, post-traumatic stress, and physical injury caused by stress. Hiring a lawyer that has worked on hundreds of different personal injury cases is the only surefire way to gain fair retribution.  An experienced lawyer will gain insight from many avenues of expertise by teaming with physicians, psychologists, engineers, and other experts. If you have been wronged and injury has resulted, it is imperative that you consult an attorney as soon as possible. Texas state law only gives those with personal injury cases two years to file their claim within the state courts.

Law firm that has the experience

Many Law Firm is an experienced law firm that focuses time specifically in the vein of medical malpractice law and personal injury law . Law firm truly cares about clients, and has the client’s best interests in mind when building a case. They receive compensation only when you do. It is extremely imperative that you are able to trust the lawyer that represents you.

How to Work With Your Intellectual Property Lawyer

Property Lawyer

In many small businesses, intellectual property is an overlooked asset. The goodwill from your company name, computer programs you have written, articles, manuals, or books that you have written, logos, advertising copy, methods you have used or processes to create your products or services, all should be closely examined in conjunction with a qualified intellectual property attorney, to decide how much value they are to your business, and how they should be properly protected.

There are many different disciplines under which your intellectual property can be protected. These include copyright, trademark, trade secret, method patents, design patents, product patents, and others. You can also consult with your intellectual property attorney to decide whether or not to extend your intellectual property protection world wide, or just keep it national.

If your business could be impacted by competitors copying your name, your logo, your products, your services, or anything else integral to your business’ success, you owe it to yourself, your employees and your shareholders to protect it in the strongest way possible. Fine yourself a good intellectual property attorney with specific knowledge of your particular business genre who can help you “lock down” your investment.

What Should You Look For in an Intellectual Property Attorney?

Intellectual property is a field in which an attorney has to know not only the law, but must also have a sense about the potential client’s business goals, practices, and ethical stance. These elements are not always obvious, so it is in the client’s best interest to inquire in an initial interview not only how long s/he has been practicing this particular type of law, but also what type of businesses the intellectual property attorney has had experience with, as well as how “gung ho” the attorney is. For example, if your business wishes to take a balanced view of protection, going after only infringers that you feel are causing serious damage, if your intellectual property attorney delights in dropping nuclear bomb style threat letters on indigent college students and little old ladies, perhaps you would do better with an attorney more in line with your personal ethical structure.

Other things to look for in an attorney include whether or not your personal communications style meshes with that of the intellectual property lawyer. A good example is email communication. Email, for many business owners, is a much more efficient and usually cheaper method of communication. As an added bonus, you have a written record of the exchange in case of later misunderstanding. If your business runs on email contact and your attorney uses pen and paper, this may not work out in your best interests.

Once You Find an Intellectual Property Attorney, Then What?

What do you do once you’ve found your intellectual property attorney? Communicate clearly what your objectives are and let the attorney make suggestions to you as to how to reach those objectives. Intellectual property law is often highly complex and legally technical. If you have questions, ask the intellectual property attorney. If they don’t communicate with you, their client, in clear English terms, ask them to. Oftentimes, lawyers forget that they are dealing with non-lawyers and may fall back on legal jargon. If they can’t explain concepts to you in a way you understand, perhaps you should find an attorney who will.

As a legal client, do not forget that you are in the driver’s seat. Your intellectual property attorney can’t make business decisions for you. You must weigh his or her advice carefully, then make your decisions as an informed consumer of legal services. Your decisions should feel “right” to you. Insist that your intellectual property lawyer lay out the scenario to you and give you appropriate cost estimates, time estimates, and how the attorney thinks that this action (or inaction) will be of benefit to your business.