Monthly Archives: November 2015

Factors to Consider Before Choosing the Best Advocate for a Case

Choosing an injury lawyer can be a challenge. There are several out there. Some lawyers have their names and faces displayed on billboards, while others don’t even publicize. Some of them limit their practices to medical malpractice from catastrophic injuries and wrongful death. Others focus on asbestos and associated toxic poisoning cases. Some are specialized in slip and falls, car accidents and workers’ compensation.

Legal representatives come in all shapes and sizes. Although, they seem to be everywhere, choosing the right lawyer can be overwhelming when are injured. Let’s discuss how you can find and choose one of the leading accident injury lawyers who will be your best advocate.

Consider professional experience

A personal injury lawyer can have several years of experience or comparatively few. If the notary has been practicing for a number of years, he possibly will have such a heavy caseload that he would not be able to give your case the time needed. Otherwise, he may not be as eager as he was when he started off. And in such a case, he may not put his complete effort behind your case.

On the other hand, an experienced lawyer may be familiar with lots of claims adjusters from years of dealing with different insurance companies. He may have built a good working rapport with them. He may also have a reputation for not settling lawsuits if the offer is not good enough, or as a strong litigator with whom insurance companies do not like to fight.

A lawyer who’s just starting off may be seeking cases. She may be looking to develop a practice and be enthusiastic about accepting new clients. Many rookie lawyers have much more time to spend on your lawsuit than busier lawyers do. There is a good chance they will fight as hard or harder for you than any public prosecutor you will find. Their fees depend on it.

In addition, as young lawyers don’t have a considerable caseload yet, they will perhaps be more accessible and willing to receive smaller cases. You can have a much better chance of seeing them in person or contacting them on the phone to discuss the status of your case.

An attorney can best advocate you for a car accident case

Perhaps the most significant way an attorney can assist you with your car accident case is by being your true advocate. This means, your lawyer acts on your behalf and for your benefit throughout the entire claims procedure in terms of negotiating with the automobile insurance company and even in court in case a lawsuit becomes essential. The legal representative is going to be your champion before the jury, judge and other attorneys, ensuring that your side of the story is heard and that you are recompensed for all of your losses.

Having a specialized and articulate advocate working for you is necessary when it comes to obtaining a fair and reasonable resolution in your car accident injury case. Hiring someone knowledgeable handling your case eases the burden on you, which is really important if you have been badly injured and are trying to get over your injuries.

Securities attorney Phoenix- A blend of knowledge and self motivation

Everyone, once in their lifetime might have come across with a situation where they require the assistance of securities attorney. The main challenge faced is to find a proficient attorney who has an apt knowledge about their field and numerous laws attached with it. A securities attorney Phoenix is the one who comes to aid and proves helpful to the one going through turmoil. These attorneys take up any legal case that has anything to do with securities.

Securities come in numerous types. There are those subjected by the government or corporations and businesses like stocks, bonds, debentures, etc. These have all the terms and conditions pertaining to the possession and payment terms. These securities are remunerated either as a final pay off or as a dividend. The dealings with respect to interests, dividends, or final payments can have different types of indiscretions which may devoid the procurer of any allied remuneration.

Few actions adopted by broking firms, brokers, etc. that call for the services of a securities attorney Phoenix include market manipulation, frauds, insider trading, cheating, and broker negligence. The services rendered by this attorney for these acts include litigation and trial, demonstration, and compensation. Apart from footing on behalf of the clients in different securities, a securities attorney also counsels his/her clients about their legal rights that come with their investments. An attorney should also tender indispensable arbitration services.

Normally a local security attorney Phoenix can help you prevail over any issues unusual to your state. First, and foremost, only a legal representative licensed in by the state where you are applying is allowed to dispute your claim at one of the hearing offices situated within the state. Second, a local attorney will be more known with not only these local bureaus, but the Administrative Law Judge who most likely will attend to your case. Additionally, your lawyer will have an office space site closer to the hearing than any out of state lawyer, plummeting the travel time, for both you and him once the hearing has actually been programmed. There are few things more significant than holding on to someone who is well-known with the local rules and individuals involved who will hold your claim.

An ideal securities attorney Phoenix for such a position will be one that pertains integrity and eminence to their work practices and who has very good judgment and reasoning skills. They must be able to converse both orally and in written form with employees that hold positions in diverse levels within a company so that affiliation can be formed to make the process function efficiently. Another sought after quality for a person applying for securities attorney Phoenix jobs is the knack to work on their own with little or no direction. They will require being able to balance business peril with any legal issues that may arise as well as being accomplished in negotiations that result in a win-win situation for all concerned. They must know how to work in very swift paced working surroundings as well.

Probing for securities attorney Phoenix online is also an excellent idea since you can get regular help from online directories. However, when preferring one, make sure that they are qualified enough to represent you in a resourceful manner.

Salvia Divinorum should not be used as party drug

What is Salvia Divinorum: Salvia is a plant which has minimum 100 species. But Salvia divinorum is the most popular species of salvia. It’s the part of very large family which name isLabiates. Most of the people plant this salvia for psychoactive effects. It also enhances the beauty of house. The botanical meaning of this plant is “Sage of the Diviners”.  Besides it has been used for hundred years in religious occasion in India. Salvia divinorum is a confused plant which has received enhancing concentration for its recreational use, particularly among young people in the United States. Salvia is propagated from southern Mexico, where it was used by people of the Mazatec a culture. Thesubstance is demolishedorally with different ways.

Several methods of taking: There are different methods are available for taking this Salvia Divinorum. People can enjoy salvia with Mazatec method which means taking leaves directly, quid method, by smoking or with tea. These ways are very popular when someone wants to take salvia.Mazatec method means that the fresh leaves are taken directly. Plenty of fresh leaves are needed for this Mazatec method. In this method first of all the leaves are crunched and then people swallow. It works for long time but it is not tasted well. Most of the users are compatible to this method. Besides, people are habituated to taking salvia with tea. It tastes better than directly. Moreover people take it by chewing the leaves which method is also familiar. This method is called quid method. Quid method is applied with dry leaves or fresh leaves though maximum users use fresh leaves in this method. A cylinder or sphere shaped ball are generated for covering the leaves. Then users crunch the leaves for half an hour. It doesn’t work for long time. But now the large number of users takes it by smoking. This modern method is very appealing to the users.

Uses:Some new users think that salvia is a party drug but actually it doesn’t work as like as alcohol and Cannabis.  It can’t bring the real party mood to the people. It is mainly used for religious purpose. Besides, vastly usage of salvia is in mediation. For bringing real concentration it can be a good option. When people feel mental depression in their mind they can taste it with sitters or real close friend in a quiet place. Otherwise, the bad effect can be showed. Calm and quiet place should be selected for this herb or plants.

Legality: Salvia got the legality in most of the countries though some country totally banned on salvia selling as like as Belgium, Germany, Spain and Denmark.

Legal Remedy on Illegal Disconnection of Phone

Mobile or Telephone disconnection is so common thing that very few people take pain on  disconnection and think about the legality of the disconnection. The legal remedy rarely strikes in the mind of the people and matter is reported and resolved by the customer care department of the telecom Companies. But in most of the cases the disconnection is illegal, without following the due process of law. The disregards to the established procedure can cost dear to the Companies and they can be penalized for the same, if the customer is aware about legality of disconnection and resorts to legal remedy. The grounds of disconnection and legal position are explained hereunder;

Grounds of disconnection:

Non-payment of Bill: In most of the cases the phone is disconnected on the ground of non payment of the monthly bill.

Proof of residence: This is also a ground which is used by the companies for disconnection.

Credit Limit:  Some Companies fixed the credit limit of their customer and disconnect the connection on exceeding such credit limit.

Legality of such grounds:

The Telecom Companies are given license under telegraph Act, and regulated by the Department of Telecom and Telecom Regulatory Authority. As per the telegraph Act the phone can’t be disconnected without giving a prior notice to the customer. Any disconnection without giving notice is in utter violation of law and hence illegal.

The phone can’t be disconnected prior to due date of the payment of bill and even after the due date of payment without giving a proper notice to the customer. Some times this situation arises when the cheque given by the customer is either misplaced or credited in the account of other customer or the customer received inflated bill and refused to pay the same.

The Companies are required to verify the address of the customer before activation of the connection. But normally the companies activate the phone first and verify the address later on. Some time this creates confusion and wondering situation when the customer is asked to submit his documents for address proof and his phone is temporary disconnected. Companies contend that they received a negative report from verification agencies. In Most of the cases filed before the consumer courts it was held that such practice is in contravention of the rule of law and held the companies liable for deficiency of services. In the light of various consumer courts’ judgments the rule is settled that once the companies activate the phone connection they can’t disconnected the same without giving a proper notice to the customer.

Some Companies fixed credit limit of the customer and the phone is automatically disconnected the moment it exceed credit limit. Disconnection on this ground is also illegal unless the proper notice was given to the customer.

Other Problems:

Apart from disconnection the customer may also face some other problems i.e. Inflated bills, change in the tariff plan without his consent, additional services which were not subscribed by the customer, poor connectivity, withdrawal of outgoing facilities/ internet facilities etc. and non activation of such facilities after request for the same, bills after disconnection of phone or non disconnection after application for the same. All these also amount to the deficiency of the service and the customer can avail the following legal remedies.

Is it legal to purchase and sell ephedrine in Europe?

Due to the FDA ban on ephedrine in the USA, the legal aspects are not well_known and many people raise questions about buying ephedrine in the USA, in Canada and more and more in Europe where the legal context is globally different, as there are European laws and local country laws as well.

We will answer most of these questions here.

Legality of ephedrine in the USA

Ephedrine as a substance: it is legal to buy ephedrine as bronchodilator for asthma, given maximal quantities of 3.6 grams per sale and 7.5 grams per month if delivered per mail, 9 grams if bought locally. Legal obligation to check name and address of the buyer. Ephedra as a plant (Ephedra sinica or Ma Huang) is not controlled in the USA, both plants and seeds are perfectly legal in all US states for purchase and sale.

Legal status of ephedrine in Canada

Next to the ban of ephedrine by the FDA, Health Canada has requested recall of products containing ephedrine above the following dosage: 8 mg ephedrine per single dose or 32mg ephedrine per day. These limits still apply today. EC stacks are not allowed, nor references toweight loss on labels. Ephedra based products which are marketed for traditional medicine are still authorized if they don’t contain caffeine and if the above-mentioned dosages of ephedrine are respected.

Legality of ephedrine in Europe

  • France: banned in 2003, based on the decision made by the FDA (official explanation)
  • Belgium: banned in 2005, next to the FDA ban
  • Germany: only in pharmacies
  • Sweden: free
  • UK: in pharmacies and freely sold online for weight loss by UK based companies
  • Netherlands and Finland: prescription only
  • Spain: we didn’t receive references to the legal text, some members reported that they buy online without any problem.

Is it legal to buy from a country where ephedrine is authorized, to ship to a country where it’s not?

No. The legal rules apply, not depending of the country of origin.

Back to USA and Canada

Due to the close relationships these countries have, also in the pharmaceutical industry, there is a need of convergence regarding drugs regulations. Canada had to stand a point after the ban of ephedrine by the FDA. If you want to have a better idea of the real motivations of the US ban, you should have a look at the Canadian official texts about ephedrine: there is no reference to potential health risks but only concerted actions to fight against drug trafficking. For instance, here is an extract of the Canadian official position on ephedrine: « Synthetic drug producers require a continuous supply of precursor chemicals. Ephedrine and pseudoephedrine (PSE) are in the greatest demand as they are the primary precursors for methamphetamine. Until recently, the flow of large quantities of PSE from Canadian supply sources to methamphetamine ‘super labs’ in the United States heightened law enforcement concerns regarding the cross-border trafficking of PSE. »

Some people will probably worry about the fact that Canada did not authorize EC stacks (ephedrine + caffeine), which has not to do with drugs trafficking but with a real worry for the health of the population. Let’s close this point rapidly: yes, EC stacks present a cardiovascular risk at insane dosage, but no, they present no risk at the prescribed dosage.

Our frequent readers know that the FDA ban of ephedrine had other motives than adverse effects. The scientific basis of the decision was so poor that even pro-ban enthusiasts were embarrassed (including the pharmaceutical industry and the officials). Have a look at our post about the recent bills in the USA which will restrict even more the sale of ephedrine as cold and allergy medicine: the real target is to fight against the rise of meth labs in the country. Bad luck for the 12 million people who were taken ephedrine for weight loss without any health issue. When you think that in the same time, the American food industry is directly involved in the epidemic rise of obesity of adults and children as well, you could truly question the relation between legality and safety… Anyway, to come back to the FDA ban, the reasons of drug control won (ephedrine being a precursor of methamphetamine), but the medical evidence remains: ephedrine alone, or ephedrine plus caffeine (EC stack) present no risk at the prescribed dosage: for instance in this 2008 case-crossover study focusing on cardiovascular risks of ephedrine + caffeine, published in the American Journal of Epidemiology : « Prescription of an ephedrine / caffeine product was not associated with adverse cardiovascular outcomes. This was found across a wide range of patient subgroups, different cardiovascular outcomes, different assumptions about exposure, and different utilization patterns. »

Many other medical studies lead to the same conclusion: the FDA ban, meant for drug control, has prevented millions of people to benefit from the amazing effects of ephedrine for weight loss (fat burn through higher metabolism/thermogenesis, energy level, appetite suppression, lean muscle mass retention), and all this without any patent, just offered by Nature.

But law is law and applies to all. If the legality of ephedrine in your country allows you to buy ephedrine or EC stacks online, lucky you, don’t forget to check our review of most sites having real ephedrine for sale and not fake products without ephedrine alkaloids.

Is it legal to purchase and sell ephedrine in Europe?

Mar 31, 2012 • By Mike Budd • 234 Views

Due to the FDA ban on ephedrine in the USA, the legal aspects are not well_known and many people raise questions about buying ephedrine in the USA, in Canada and more and more in Europe where the legal context is globally different, as there are European laws and local country laws as well.

We will answer most of these questions here.

Legality of ephedrine in the USA

Watch: Ted Is Getting A Legal Question and Answers It
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Ephedrine as a substance: it is legal to buy ephedrine as bronchodilator for asthma, given maximal quantities of 3.6 grams per sale and 7.5 grams per month if delivered per mail, 9 grams if bought locally. Legal obligation to check name and address of the buyer. Ephedra as a plant (Ephedra sinica or Ma Huang) is not controlled in the USA, both plants and seeds are perfectly legal in all US states for purchase and sale.

Legal status of ephedrine in Canada

Next to the ban of ephedrine by the FDA, Health Canada has requested recall of products containing ephedrine above the following dosage: 8 mg ephedrine per single dose or 32mg ephedrine per day. These limits still apply today. EC stacks are not allowed, nor references toweight loss on labels. Ephedra based products which are marketed for traditional medicine are still authorized if they don’t contain caffeine and if the above-mentioned dosages of ephedrine are respected.

Legality of ephedrine in Europe

  • France: banned in 2003, based on the decision made by the FDA (official explanation)
  • Belgium: banned in 2005, next to the FDA ban
  • Germany: only in pharmacies
  • Sweden: free
  • UK: in pharmacies and freely sold online for weight loss by UK based companies
  • Netherlands and Finland: prescription only
  • Spain: we didn’t receive references to the legal text, some members reported that they buy online without any problem.

Is it legal to buy from a country where ephedrine is authorized, to ship to a country where it’s not?

No. The legal rules apply, not depending of the country of origin.

Back to USA and Canada

Due to the close relationships these countries have, also in the pharmaceutical industry, there is a need of convergence regarding drugs regulations. Canada had to stand a point after the ban of ephedrine by the FDA. If you want to have a better idea of the real motivations of the US ban, you should have a look at the Canadian official texts about ephedrine: there is no reference to potential health risks but only concerted actions to fight against drug trafficking. For instance, here is an extract of the Canadian official position on ephedrine: « Synthetic drug producers require a continuous supply of precursor chemicals. Ephedrine and pseudoephedrine (PSE) are in the greatest demand as they are the primary precursors for methamphetamine. Until recently, the flow of large quantities of PSE from Canadian supply sources to methamphetamine ‘super labs’ in the United States heightened law enforcement concerns regarding the cross-border trafficking of PSE. »

Some people will probably worry about the fact that Canada did not authorize EC stacks (ephedrine + caffeine), which has not to do with drugs trafficking but with a real worry for the health of the population. Let’s close this point rapidly: yes, EC stacks present a cardiovascular risk at insane dosage, but no, they present no risk at the prescribed dosage.

Our frequent readers know that the FDA ban of ephedrine had other motives than adverse effects. The scientific basis of the decision was so poor that even pro-ban enthusiasts were embarrassed (including the pharmaceutical industry and the officials). Have a look at our post about the recent bills in the USA which will restrict even more the sale of ephedrine as cold and allergy medicine: the real target is to fight against the rise of meth labs in the country. Bad luck for the 12 million people who were taken ephedrine for weight loss without any health issue. When you think that in the same time, the American food industry is directly involved in the epidemic rise of obesity of adults and children as well, you could truly question the relation between legality and safety… Anyway, to come back to the FDA ban, the reasons of drug control won (ephedrine being a precursor of methamphetamine), but the medical evidence remains: ephedrine alone, or ephedrine plus caffeine (EC stack) present no risk at the prescribed dosage: for instance in this 2008 case-crossover study focusing on cardiovascular risks of ephedrine + caffeine, published in the American Journal of Epidemiology : « Prescription of an ephedrine / caffeine product was not associated with adverse cardiovascular outcomes. This was found across a wide range of patient subgroups, different cardiovascular outcomes, different assumptions about exposure, and different utilization patterns. »

Many other medical studies lead to the same conclusion: the FDA ban, meant for drug control, has prevented millions of people to benefit from the amazing effects of ephedrine for weight loss (fat burn through higher metabolism/thermogenesis, energy level, appetite suppression, lean muscle mass retention), and all this without any patent, just offered by Nature.

But law is law and applies to all. If the legality of ephedrine in your country allows you to buy ephedrine or EC stacks online, lucky you, don’t forget to check our review of most sites having real ephedrine for sale and not fake products without ephedrine alkaloids.

Three Key Elements To The Creation Of A Contract

If you are entering into any sort of agreement with an individual, and money, products, or services are changing hands, it is a good idea for you to write a contract. A legal contract will protect you both, by outlining your obligations. If anything goes wrong, you will have something that you can take to court to help you receive adequate compensation. Receiving what you deserve is much easier if you have a contract. However, not all contracts written by two parties are legally binding. In order to have a legally binding contract, you need three basic elements to be present in the document. You need competent parties, compensation, and a meeting of the minds in order to have a legally binding contract.

The first key element to the creation of a contract is that both parties must be of sound mind, and they must be legally able to enter into a contract. Minors cannot enter into most contracts without parental consent. However, minors can independently enter into contractual agreements for basic necessities, such as food, clothing, and shelter. Minors can also sign contracts for student loans. Individuals under the influence of drugs or alcohol cannot enter a contract. Also, individuals who suffer from a mental illness that prevents them from making rational decisions cannot enter a legally binding contract.

The second major aspect of a contract is compensation. Compensation refers to both the payment made and the service or product received. You cannot have a binding contract that requires one or both parties to commit an illegal action. If you hire a hit man, have him sign a contract or enter a verbal agreement, and he fails to perform the murderous task you specified, you cannot take him to court for breach of contract. You also cannot have a valid contract where the compensation is an illegal item, such as drugs or stolen merchandise. For the contract to be valid, both parties must receive some sort of compensation. There cannot be a valid contract wherein only one person receives money or services. The compensation must be reasonably equitable as well, in order for the contract to be upheld in a court of law.

The third major aspect of a contract is a meeting of the minds. Both parties must fully understand the agreement. One way to ensure that a true meeting of the minds has been accomplished is to put as many details as possible into the contract. For example, if you are trying to sell a car, describe it in minute detail. This will prevent your buyer from protesting that they thought they were buying a car in a different color or with fewer miles. Details will help strengthen your contractual agreement.

Contract law is a complicated and complex legal area. Legal scholars spend years studying its intricacies. Although these are three of the basic elements of a legally binding contract, other factors can come into play. If you have any legal questions about your contract, consult a lawyer.

The Legality of Betting Contracts

A wager or bet is defined as where something valuable is placed on the outcome of an uncertain present or future event, to which the wagering parties have conflicting views.

A bet is legally regarded as a contract, and it is an essential feature of such contract that there are no more than two parties to the agreement, and that one party will win and the other lose upon the determination of the event.

Many gaming transactions are not legally wagers. It has been determined in the UK that a bet placed with the Horseracing Totalisator does not constitute a wagering contract within the meaning of the Gaming Act 1845. Multipartite agreements such as lotteries and sweepstakes are not regarded as betting contracts, as it is not considered that the organizing bodies actually lose, as their function is to divide a net aggregate amount of the monies received.

It is an essential feature of a betting agreement that the stake must be the only interest which the parties have in the contract. The question of whether the parties are interested in more than the winning or losing of the stake depends on the substance rather than the form of the agreement.

The Gaming Act 1845 renders all betting agreements, whether oral or written, void and no action can be brought in the UK courts for the recovery of monies allegedly won on a bet. Although such contracts are voided by statute, they are not illegal.

Decided cases have held that no rights under law are conferred on either party, so even if the loser pays a dishonoured cheque in satisfaction of the bet to the winner, no right to sue under the betting agreement exists. However, if in the case of non payment of bets, the parties make a new agreement to pay, such as a promissory note, subsequent to the original betting agreement, this new contract can be enforced in court. Whether a new agreement has been made, or whether the action is based on the betting contract, and thus void, is one for the determination of the courts, and judges will look at the nature of the transaction and ascertain the true intentions of the parties.

Specific rules exist dealing with betting on licensed or registered premises. Gaming and betting on streets and public places, subject to the exception for certain games played on licensed premises, is prohibited and legislation in the UK sets out penalties for contravention.

In conclusion, betting agreements are generally unenforceable in court and such contracts are per se void under statutory law, despite the fact that the betting industry is worth hundreds of millions of pounds annually to the UK economy.

Legal Malpractice Law In Usa

Legal malpractice:

When the patient is injured by the negligence of doctor, doctor bears the legal responsibility. When the driver of car rash and negligently drives a car and causes the death of person, a driver bears the responsibility. When the building collapses as the poor construction work of contractor or engineer, an engineer or contractor bears the responsibility.

Similarly, the laws related to legal malpractice in USA are made to compensate the clients by Attorneys.

An attorney is always the defendant in legal malpractice case. Legal malpractice is an act of attorney which causes harm to the client when the attorney breaches his fiduciary or contractual duty towards a client.

It is also become common in USA that when attorneys sue clients for attorneys’ fees, many clients assert malpractice as a defense.

Legal malpractice and unauthorized practice of law:

Although both the term refers to an act towards the client, there is quite difference between the both. It is the right of an every individual to represent them before the court. When the person represents others, it requires proper education, training and an experience. A lawyer needs to act / practice within the scope/ definition of practice of law[1]. When he breaches such duty it amounts to unauthorized practice of law. E.g. practice of law by Californian attorney in New York without the license from the bar council of New York.

Professional responsibility and Legal malpractice:

While the Professional responsibility encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests[2]. Legal malpractice occurs when there is a breach of professional responsibility towards the client

Legal Malpractice and Legal Outsourcing:

An attorney is not said to made legal malpractice by outsourcing legal process to outside providers. However the law requires that client has the information about his work being outsourced to the LPO providers, and there shall be supervision by an attorney towards the work performed by LPO providers. There is also an opinions of American Bar council and many bar council of the states as to the outsourcing the legal process and have opined that there is no unethical practice involved in outsourcing legal process to LPO providers.

Governing law:

Most of the civil laws of the states in USA govern the law related to the Legal malpractice. Federal law is also applicable when it relates to a federal question. Besides the judge made law, ruling, decisions and opinions on the cases will govern the Legal malpractice cases.

An attorney also subjected to the criminal law if he commits fraud/ theft on the client account.

Ethics of the bar council of the state also govern in initiating the disciplinary proceeding against an attorney.

Jurisdiction:

Generally cases are brought before the state courts where the case was filed / where the attorney represented the client and the breach is occurred. However, case is also filed in federal district courts when it involves the federal question. Federal Courts would be having exclusive jurisdiction over the legal malpractice case when itrequires the resolution of a substantial question of federal patent law[3]. But it is still unclear about the jurisdiction of by state or federal courts when the cases arise form IP matters[4].

There is also an issue as to filing legal malpractice cases against the lawyers from other state. Case is particularly filed in the state where the attorney represented the client and in the state where the attorney has license to practice.

Statistics on legal malpractice:

Every 4 to 5 law professional out of hundred have to face a lawsuit in a year[5]. Each year, over 35,000 lawsuits are filed against insured lawyers for legal malpractice. Figure would be more if included uninsured lawyers[6].

Statutory limits for filing[7]:

Statutory limits for filing legal malpractice suit against the Lawyers varies from 1 to 4 years. It is 2years in Alabama, Alaska, and Arizona. In Nevada 4 years or 2 years from discovery, whichever occurs earlier.

In Louisiana State, case shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered[8]

In New York State, three years from the date of the legal malpractice or from the date until the attorney stops representing the client in that matter[9]. (NY CPLR § 214(6),)If it is against the minor if the victim is a child under 18 years old, his or her statute of limitations does not even start to run until he or she is 18, so normally it would expire on his or her 21st birthday[10]. In New Jersey, a lawsuit must be filed within six years of when the malpractice occurred[11].

In Pennsylvania, legal malpractice claim must be brought within 2 years[12] from the date the plaintiff should have reasonably learned about the malpractice. 

In Texas, the general rule is that legal malpractice cases must be brought within two years from the time the injured party knew or should have known of the legal malpractice[13]. Likewise different states have adopted different types of statutes of limitations and the beginning of limitation period and certain exceptions to the limitations etc.

Remedies/actions for Legal Malpractice:

When the client assigns his case to an attorney, he is expected to act prudently and within the contract with the attorney. How can a client tolerate with the injury caused by an attorney to a client? There are laws in USA to address these remedies; a client injured in a legal malpractice case can file a civil law suit against the attorney in the competent court of the state to recover damages. An attorney also subjected to criminal prosecution when he commits a fraud or theft on the money or the property entrusted with the attorney. A client can also bring the act of legal malpractice to the notice of disciplinary committee of the bar council of particular state where the bar council imposes sanctions including disbarment or the payment of fine to state bar association.

What amounts to legal malpractice?

A lawyer has the duty, in all dealings and relations with a client, to act with honesty, good faith, fairness, integrity, and fidelity. A lawyer must possess the legal skill and knowledge that is ordinarily possessed by members of the profession.

Once the lawyer and the client terminate their relationship, a lawyer is not allowed to acquire an interest that is adverse to a client, in the event that this might constitute a breach of the Attorney-Client Privilege. In addition, a lawyer cannot use information that he obtained from a client as a result of their relationship.

Every state in USA has adopted its own ground for claiming Legal malpractice. In general, legal malpractice may arises from

  1. Existence of professional duty to the person harmed.
  2. Professional negligence (violation of a duty owed to the client);
  1. Missing of deadlines for filing of suit within time limit law required by statute.
  2. negligent errors,
  3. negligence in the professional relationship,
  4. fee disputes,
  5. Breach of duty towards the client to provide with a detailed and accurate account of money or the property handled. Mishandling of client money.
  6. Failure to show cost involved in court fees and other reasonable expenses from the money advanced to an attorney.
  7. Fee-splitting arrangements with non-attorneys.

10. Any types of error that would have been avoided by a lawyer

  1. Disclosure of confidential information.
  2. Giving improper advise

13. Preparing the documents improperly

14. Failure to file a documents

15. Making faulty analysis in examining the title to the real estate

16. injury caused to a third party

17. Breach of Fiduciary Duty

18. Conflicts of Interest e.g same lawyer or firm representing both the sides in law suit.

19. Failure to Properly Investigate & Perform Discovery

20. Errors During Trial

21. Improper Settlement

22. Improper Documentation

23. Accounting Malpractice

24. Probate & Estate Planning Legal Malpractice

  1. Failure to meet court deadlines.
  2. Failure to act within the statute of limitations.
  3. Failure to return phone calls or communicate with a client.
  4. Failure to resolve conflicts of interest.
  5. Failure to know the law or perform adequate research.
  6. Abuse or misuse of a client’s trust account, including commingling trust account funds with the attorney’s personal account.
  7. Improper withdrawal from representation.

32. Failure to file a lawsuit or motion in time

33. Overbilling

34. Failure to obtain client’s consent before agreeing to a settlement / plea bargain

35. Failure to discuss a settlement offer with client

36. Failure to file a case before the statute of limitation expires

37. Making mistakes in drafting contracts, wills, trusts, and other legal documents

38. Failure to present relevant evidence at trial

Burden on the Plaintiff:

Filing a legal malpractice suit is not an easier one; a plaintiff needs to establish certain things against the lawyer. There is a burden on the plaintiff to show cause that there are prima facie grounds against the lawyer to prove legal malpractice. Burden of proof also may vary defending on the law of the state. In general plaintiff needs to show following Prima facie elements

1. must establish that there is an attorney and client relationship.: an attorney client relationship can arise by either express agreement or by implication from the parties actions.

2. Must prove the breach of duty toward the client (breach of contract/ violation of standard of care) e.g. Not representing client properly, not filing documents in time, misusing the money and property entrusted with the lawyer.

3. That the negligence was a proximate cause of an injury: A plaintiff needs to show that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit).

4. Must prove that the client was injured due to the malpractice. If there is no injury, then there is no ground for proving the case case.

5. Damage: Plaintiff shall prove the damages actually suffered and the nature and amount of the damages suffered. Even if all other elements are proved and the damage is not proved the case is likely to be dismissed.

Defenses:

  1. Error due to an issue of law was unsettled or debatable.
  2. The  “Attorney Judgment Rule”: under this rule a lawyer is not liable for small errors in the judgments where the attorney made those judgments in good faith
  3. Changes in the law – A lawyer shall not be made responsible for wrong advice, merely because the attorney’s advice or representation turns out to be faulty based uponsubsequent changes in the law.
  4. The “Case within a case”(suit within a suit) – this involves a retrial of the original litigation within the context of the subsequent malpractice action – a case within a case.
  5. attorney-Client Privilege – In defending against an accusation of malpractice, a lawyer may be permitted to use what were formerly privileged communications from the plaintiff in order to respond to plaintiff’s accusations.
  6.  Proximate Cause: attorney’s negligence did not proximately cause[14] of his client’s claimed damage. An attorney take defense as to his negligence was not the proximate cause of the damage to the plaintiff.

In one of the case, anattorney had made a mistake in the legal description of land encumbered by a mortgage that he was retained to foreclose which delayed the sale of the property, giving the mortgagor time to raise the money required to redeem. The attorney’s client sued him for malpractice, seeking to recover the loss of the increased value of the property. A jury awarded the client $55,000 in damages. On appeal, the reviewing court stated that the attorney’s negligence, if any, could not be a proximate cause of the client’s loss.

Similarly failure to obtain expert witness, failure to submit affidavit, failure to join parties in litigation, failure to file a complaint, late filing of answers to request for admissions, failure to adequately investigate party’s assets and insurance coverage, failure to inform client of dismissal of case, failure to prevail on a meritless defense, failure to uncover evidence in suit on option contract, failure to move for judgment n.o.v., failure to inform bankruptcy judge of bid for bankrupt estate, failure to submit affidavit prepared by client, failure to “adequately” represent client, failure to invoke a statutory defense, failure to prevent client’s suicide, failure to identify all of spouse’s assets, failure to move for default, and failure to inform client of settlement offer would not always be ground for legal malpractice unless there is a proximate cause of the Attorney[15].

[1] the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits,

Is RMP Infotec Legal Profitable Business ?

RMP Infotec happens to be one of the most hottest network marketing companies in India and like any other reputed network marketing company in the world, RMP Infotec too gets heavily searched on the Internet.

Since network marketing is perceived to be a rather risky field, people generally have a lot of queries about network marketing, especially when it comes to successful companies like amway, RMP Infotec and all.

Though people have a lot of queries, everything ultimately boils down to just 2 questions:

1. Is the company legal?

2. What are my chances of making good money?

So let’s analyze these 2 queries. RMP Infotec was started in 2001 and has grown a distributor base of several lakhs in a very short period of time.

As far as legality of a company is concerned, it must be noted that a legal network marketing company banks upon real product sales to the end consumer instead of the distributor. As far as I can see, RMP Infotec has real products that benefits the end user so it looks like a pretty solid company to me.

RMP Legal documents are discussed here in detail.

Now comes the all important topic of whether a person can make money by being involved with rmp and my answer to this question may surprise many but nevertheless it needs to be told.

The whole question about making money with RMP is totally irrelevant. Confused? Let me explain.

All this while you might have heard that to succeed in Network Marketing, you need to have 3 components right:

1. Right Product

2. Right Compensation Plan

3. Good Leaders

Though product and compensation plan play a role in the speed of your growth, they aren’t the most important components. The reasoning is quite simple.

If product and compensation plan is all it took, then almost all should succeed by simply joining that particular company. Success in any network marketing company is not due to the company, because if it indeed was then all one needs to do is just enroll in a successful one. All of us do see distributors from good companies struggling and distributors from average companies experiencing wild success.

So what is the key component for success then? Is it the leaders who make all the difference between a success and failure? Not exactly. Yes leaders do form the main crux of a team’s success but it isn’t enough. The real answer that determines your success is the Promotional Methodology of your network marketing team.

The real thing that needs to be looked upon here is that the beggar cannot and will not sell even the BEST product(RMP infotec products). Unfortunately a lot of people promote their company thinking that anyone can join it and be successful. But I beg to differ. Only the skilled ones will ever succeed in Network Marketing. That’s exactly why network marketing leaders make so much money while others don’t even make a dime.

At the end of the day depends upon your marketing ability. If your leader is good and you aren’t, then it is your leader who will make the money, not you. So in order to succeed you need to know how to promote your business and that is why I called your team’s promotional methodology as the most important factor. So to achieve real success you need a good set of leaders and a great promotional methodology.

In network marketing, our success is not dependent not only on our individual performance but on our team performance too. So it doesn’t really matter how many you sponsor, it all boils down to how easily your team can duplicate your efforts.

The Family Law Representation You Will Never Find Anywhere Else In Salt Lake City

We offer quality service that is tailored to meet any family law representation need that you may have. The practice areas we specialize in include juvenile court actions, custody, divorce, and support. Our dedication to serving our community, our belief in making quality legal services affordable and accessible, and our experience make us a team of hardworking, compassionate advocates. We will be glad to serve you.

As family law attorneys Salt Lake City we have over 35 years’ experience in the settlement of:

  • Family Law, Paternity, and Divorce
  • Support
  • Custody
  • Paternity
  • Premarital agreements
  • Separation
  • Divorce
  • Divorce settlement modification
  • Motions if a parent moves away
  • Juvenile court actions
  • Grandparent rights
  • Alimony
  • Divorce

When the bonds of marriage are broken, you need the best legal representation on your side. As family law experts, we represent clients in all areas of divorce. Property, support and custody issues are often clouded by emotions in divorce proceedings. We protect your financial and legal interests while helping you handle the emotional issues. This method ensures that you leave the marriage with an equitable and fair resolution.

We recognize the pain, and emotional trauma individuals suffer during a divorce. For this reason, we give our clients the experience and time required to guide them through this difficult experience.

Child Custody
We represent clients in visitation, custody and parenting time matters. We guide clients in the enforcement, design and modification of parenting time, visitation and custody orders.

Complex Property Division
We fully understand the circumstances and unique challenges that may arise in dividing marital property and how to resolve issues quickly. We use experts in high-asset divorce cases, including forensic accountants and valuation experts. We have the experience and skills to identify potential issues and create a strategy to serve the individual needs of our clients.

Our Commitment to Our Clients
From the moment a member of our legal team begins toe process of representation, a partnership is formed and all your legal issues become our own. We have earned a reputation as determined, hardworking and responsive to the needs of our clients. Through effective communication, we keep you updated on the status of your legal affairs, and we have the necessary  experience to get results.

Our Attorneys
Our attorneys are respected for successfully representing clients in need of family law services, separation maintenance, divorce, child support, custody,visitation and paternity. There name is well recognized as “the” family law attorneys in Salt Lake City. They have handled hundreds of cases involving complex and difficult issues in various courts. They have appeared and won cases in Courts of Appeal and the Supreme Court.

 Professionalism, Knowledge, and Cost-effectiveness
We offer you the advantages of a highly focused, small-sized law firm, but with the benefits of a national law firm experience. Our clients receive high-quality, sophisticated, intense legal representation, at affordable rates.

We always endeavor to reach a cost-effective, fair resolution. In every case, our attorneys aim to bring about a civilized and quick resolution. When it is not possible to accomplish that, we offer professional legal representation. We have developed a reputation in attending to the individual needs of our clients and as experts in family law.

We have an unparalleled philosophy in handling issues in the area of family law. We believe that all clients deserve the best legal representation and individual attention. Based upon the philosophy we have created a respectable law practice and receive several referrals from satisfied clients.

Community Involvement

We believe that we should make a contribution to the transformation of our community. We understand that lawyers can provide assistance in various areas. That is why our attorneys are also involved in social welfare activities.

As a small legal firm, we offer a personalized legal services. Call us now at 801-322-8879 for a free thirty minutes consultation or email us and one of our attorneys will make time to see you for a no cost consultation.

Legal Issues of Offshore Outsourcing to India

Laws in India are always undergoing amendments, according to the needs of the changing times and in unison with International Laws and practices.

India has ratified the World Trade Organization (WTO) Agreement, which came into force on January 1 st 1995 and has also become a party to the Agreement on Trade Related Intellectual Property Rights. In the last few years, India has effected several legislative changes in copyrights, trademarks, designs, patents, and other issues besides enacting new legislations on bio-diversity and geographical indications. These measures have drastically reformed Indian laws on Intellectual Property.

Laws Governing International Contracts

When contracts transcend national boundaries, the national Legal Regime of any single country becomes inadequate to grapple with the situation. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of Private International Law come into play.

The best way to ensure the application of a particular legal system to international contracts is to choose a particular law to govern this contract. This law is called the “Proper Law of the Contract”. The Courts have held that “Proper Law is the law which the parties have expressly or impliedly chosen, or which is imputed to them by reason of its closest and most real connection”.

Indian courts uphold choice of law

When the parties in the Contract make an express choice of law, the Indian Courts have always recognized such choice of proper law. Previously in the US , though Courts generally honored the law chosen by the parties, the same was limited due to the holding that there should be some “reasonable relationship” between the transaction and the chosen law. This created some uncertainty. This legal quandary was fully removed by the New York General Obligations Law, which became effective on July 19 th 1984. According to Section 5-1401 of the said Law, parties are given freedom to select New York as their proper Law regardless of any relation to New York . However, where parties have chosen any law other than Indian Law, the choices of law have always been upheld by the Indian Courts.

Outsourcing parties are free to choose the law that will govern their contracts.

Under Indian Law, parties are free to stipulate their terms of contract and lay down the law by which the Contract is to be governed. Courts in India have held that the intention of parties would decide the law of which country would govern the Contract and which Court would have jurisdiction. Sections 13, 15 and 44A of the Indian Civil Procedure Code and Section 41 of the Indian Evidence Act, govern the conclusiveness and enforcement of foreign judgments in India . If there is a reciprocal arrangement between India and the foreign country whose judgment is sought to be enforced, then under section 44A of the Indian Civil Procedure code, the said foreign Decree could be executed as if it were a Decree passed by the Indian court without the need to file a Suit. If there is no reciprocal arrangement between the foreign country concerned and India , then the said Judgment/ Decree can be enforced in India by filing a Suit on the foreign judgment.

Guidelines to follow while entering International Contracts
Companies enter into International Contracts, as they are always profitable. The following aspects should be considered while entering into International Contracts, which would safeguard the interests of all the parties to the Contract:

o There should be an express choice of Law governing the Contracts.

o Ensure that the legal regime of the Country whose law is chosen, recognizes the proper law for enforcement.

o In cases where Contracts are signed in a country which is different from the country whose law is chosen, it should be ensured that the formal requirements of that place of Contract are fulfilled in all respects.

o Where the chosen Law is Indian Law and if Indian Judgment is to be enforced on any foreign soil, ensure that the said foreign soil has a similar law on the lines of Section 44A of the Indian Civil Procedure Code.

o Where Arbitration is chosen as the method of dispute resolution, the place of arbitration and other aspects have to be properly determined.