Category Archives: LAW

3 Reasons You Should Hire a Lawyer to File for Bankruptcy on Your Behalf

You should know that filing for bankruptcy is not only scary, but quite the intimidating experience too. This is attributable to it involving both federal and state laws. That said, it’s best to seek the services of bankruptcy lawyers in case you feel the need to file for bankruptcy. As the lawyers hold your hand through the whole process, Allstate Law Center says that you will get to enjoy the benefits below:

Protection from Creditors

It’s most likely that your creditors have sorted the services of collection agencies to come and get their money from you. Some of these debt collectors often behave in a manner that would be considered as abusive by the courts. Your lawyer will help protect you from them by letting you know of your constitutional rights through the bankruptcy filing process.

Assurance That Your Petition Is Error Free

Filing for bankruptcy involves paperwork, increasing the chances making a mistake as you go through the process quite high. An effective attorney will make sure that they go through all the paperwork to ensure that you have included all the vital information in your petition. Your attorney will also ensure that all the information is accurate to help avoid you being charged with fraud.

Peace of Mind and Protection from Uncertainty

Bankruptcy proceedings will leave your fatigued. You will not have the capacity to do everything yourself. Hiring a bankruptcy lawyer will give you the peace of mind that you deserve. It will be a good feeling to know that you are in capable hands. A good lawyer will also stay on top of things to protect you from any surprises from your creditors.

Whereas bankruptcy lawyers do not come in cheap, they surely will save you from a lot of trouble that you may have otherwise experienced if you had opted to file the case yourself. It’s best that you go for experienced lawyers so you may be guaranteed of peace of mind.

Mediation: Negotiating Divorce Settlements Amicably

Divorce, for many, means freedom from a loveless or an unhappy marriage and starting a new life. The sad part is agreeing to marriage dissolution is only one tiny part of the whole process. The long and the arduous process of divorce can take several months or even years and this may prevent you from having the new and stress-free life you deserve.

One common solution is divorce mediation. This involves you and your spouse deciding what’s best for you and the children with the help of a neutral third party — called a mediator. The mediator will help both parties to resolve divorce issues, so you can dissolve your marriage without too many arguments. This can speed up the process, making it less expensive than hearings or divorce court trial.

What Is the Role of a Mediator?

With the help of a mediator, you and your spouse need to come to a mutual agreement on all related issues. This may come easy to take a lot of work. The mediator will encourage open communication, so both parties can brainstorm, work things out, and come up with the decision. The goal of the mediation is to keep parties focused on the things they need to settle.

Do You Need a Divorce Lawyer?

Long Island divorce attorneys say that it’s ideal to consult a legal adviser or a divorce lawyer to learn more about your rights and review the agreement. This is also advisable if your spouse has an attorney on their side. Note that the mediator cannot give advice to any party, as they can only assist you to come up with an agreement. A lawyer can become your law coach and analyze your options.

How Long with the Process Take?

The length of mediation will depend on your and your spouse’s willingness to resolve issues and decide on an agreement. This can be completed early if you can easily work it out and agree on a settlement. This why mediation is and will only work out if the decision to divorce is mutual and if both parties are willing to communicate and compromise.

If you’re thinking of pursuing mediation, consider if it fits your situation. Get in touch with a divorce lawyer to find out if this method is right for you and your spouse.

The Five People You’ll Meet in a Law Office

People seeking legal help may have spent time in a law firm. Upon entering one, you will meet different personalities who will assist you with your needs. As a client, it is important to know the fundamental roles and responsibilities of the individuals in a law firm. Here are some of them.

Partners

Partners are also lawyers. However, by definition and by hierarchy, partners refer to the owners of a law firm. They are highly experienced lawyers who charge maximum fees and receive higher shares of profit. If you come across “members” or “shareholders” in other legal structures, know that these are partners as well.

Associates

Associates are lawyers employed by a firm. They have less experience than partners as they constantly receive reviews for their work. Associates have little contact with clients and may have to work for at least ten years before attaining a partnership. They also have a lower billing rate, and may charge clients by the hour.

Paralegals

Paralegals are essential in every law firm as they provide critical support to lawyers. They are not lawyers or attorneys, yet they perform quasi-legal functions under the supervision of a legal professional. Law school isn’t necessary to become a paralegal—in fact, one can just receive certification from a paralegal program online. They only need practical knowledge of the law and court, and administrative procedures valuable to a law firm.

Administrative Personnel

Administrative personnel run internal operations for medium to large law firms. They don’t charge clients directly, but they are part of the overhead cost that reflects in billing rates. Accountants, bookkeepers, librarians, and human resources executives make up administrative personnel.

Law Clerks

In an office setting, law clerks are also interns. They are law students working for academic credit and a little allowance. Their primary function entails doing legal research, preparing paperwork, and assisting paralegals and lawyers. Apart from providing academic credit, firms hire law clerks to find and recruit new associates.

Identifying legal professionals may be difficult at first, but by knowing each person’s function, you will gradually acquaint yourself. Foster good relationships for a beneficial and healthy legal transaction.

Child Custody: What You Need to Know

A divorce case is always heartbreaking for couples. What makes it even more difficult is laying out the parenting agreement. It covers a variety of visitation, child financial support, and child custody rights agreed between you and your spouse.

While there are different types of child custody, different situations and circumstances define the type handed down by the court. To better understand this idea, you should consult your family lawyer in Denver who has experience in child custody cases.

For Divorced Couples

If you are divorced or going through a divorce case, the court and your lawyers arrange child custody based on an agreement between you and your spouse. In the same way, spousal support, financial division, child support, and property division are matters that are also decided in court.

Child custody is resolved mainly in two ways for divorced couples. One is through the help of a family lawyer. You can reach an informal settlement that is negotiated between you, your spouse, and both your lawyers.

You can also go through resolution proceedings, which is an out-of-court alternative presided over by a mediator, but still with the help of you and your spouse’s lawyers. A family court judge can also decide for parents who can’t seem to settle on a unified decision.

For Unmarried Couples

If you’re a mother and unmarried to your partner, you can gain sole custody of your children. If you are the partner and you want to take custody of your children, you would need to take a custody case to court.

For Non-Parents

However, if you want to take custody of a child that is not yours, you are still allowed to file a case in a family court. Seek the help of a family lawyer in Denver that can help you in this kind of case.

For the court, the welfare of the child is the most important thing. Parents need to understand that in any child custody case, your main objective is always what will benefit the child most, both financially and emotionally.

Keep Your Business Safe & Secure from Thieves in 3 Sure Steps

Securing your business premises ties closely to your ability to run a successful business. Shoplifting can cause you to incur massive losses. Left unchecked, such losses in your stocks could compound and run your business to the ground. Inadequate security measures leave you vulnerable to theft and could ruin your business in its entirety.

Before setting up shop, you should take a few precautions and deter theft-related losses:

Scope out the neighborhood

The location of your business dictates the lengths you have to go through to secure your business. Traders often tend to avoid areas with a high crime rate, as it becomes tricky to secure their business. However, such areas are under supplied, presenting you with the unique opportunity to cash in on the market. With the help of a security expert, you can install safety measures and safeguard your store.

Pick your locks carefully

Flimsy locks on thick doors only serve to thwart your efforts. Crobinsonslocksmiths.com.au says that consulting credible locksmith services can help you pick the most secure locks for your doors. Superior locks resist tampering efforts to secure your premises completely from burglars and thieves.

Identify your security needs

The setup and size of your business bear an influence on the type and security measures to implement. A storefront may need some reinforcement on the displays, like steel doors, grills, and windows. Be sure to discuss your security needs with property owners. If the current security measures are not sufficient, have management improve them. Be sure to procure a written consent to modify and install additional safety measures on the premises.

The key to running a successful and profitable business is keeping your premises safe and secure, warding off any would-be burglars. Don’t underestimate what safety means for you and your customers.

Know Where to Start: On Landing a Career in Legal Education

Teaching in the Legal Field

Teaching in the legal field can be a great source of both personal and professional growth. There’s nothing quite like the feeling of making your mark on the academe by sharing everything you’ve learned to a wider student audience.

How do you go about starting your career as a successful law professor, though? Here are some suggestions to get you started:

Search for the Right Opportunity

There are various teaching options available for attorneys who want to balance education with their legal practice. You can start building your academic network by getting in touch with more people in the academe, or by holding talks in different institutions for first-hand interaction with students. Your alma mater may be a good starting point, as you’re already familiar with their general teaching style.

The Changing Face of Legal Education

Teaching law isn’t just limited to a classroom setting. The legal industry has slowly begun to embrace technology and more and more students are opting to take online law courses to earn their paralegal degree. If you want to reach out to a wider audience, you may want to consider online teaching. You may be interested in building a more personalized relationship with your students, however. In that case, classroom instruction might work out better for you.

Know Who Your Students Are

To ensure your lessons stick, understand who your students are. Some of them may be first-year students who aren’t yet very familiar with basic legal concepts. Others may have a good grasp of the fundamentals but not be as fluent as older Juris Doctor students. So, try to put yourself in their shoes to find out which teaching approach would work best to improve their skills.

Come Up with a Signature Teaching Style

If you want to create a profound impact on your students, then teach a subject you’re truly passionate about. In that way, class time will be more enjoyable on both ends. Moreover, you can enhance the typical classroom experience by inviting guest speakers, conducting mock-arguments, and scheduling field trips to make your students think out of the box and apply what they’ve learned beyond the classroom.

Embarking on a journey in legal education can be a rewarding profession. As long as you have a passion for the subject you are teaching, your students will most likely enjoy attending your class.

Sometimes, Paralegals Do the Human Part of the Legal Process

Lawyers often socialize with other lawyers mainly for business or to cut a deal. They also work long hours diving deep into cases and getting into the technical side of the law to build a strong strategy. Then, there’s client confidentiality, further limiting their social circle.

Despite being less technical, this is one of the reasons paralegals are so important. This is not to further detach lawyers from their clients, but rather, helping them do the human part of the work. The interaction, socializing and the like, these “menial” work are critical in establishing a relationship between the client and the lawyer.

Regular People Make for the Best Paralegals

In Kenya, former sex workers take training as a paralegal to protect themselves against abusive law enforcers. Given the circumstance, them learning to be a paralegal is a matter of safety. As you can see, there’s a grave importance for this kind of education.

As for something local, Demetric Hart is a double-duty naval officer, as a chief petty and a paralegal. There isn’t much about him being a paralegal in this report, but it shows that you can be two things and still lead a fulfilling life. On the other hand, this mother-daughter duo graduated paralegal courses together, though a tragic event pushed them to become one.

What makes these situations special and relatable is because these aren’t privileged individuals. They are regular people, living a regular life, and now, after attending paralegal school or paralegal online programs, it opened an opportunity for themselves. They make for the best paralegals because they know how to be people.

A Legitimate Career Path

Becoming a paralegal has become a good alternative for people who are looking to get into the legal sector. Other than that, it’s good enough to be a career. The benefits are obviously good, the easy entry, the prestige, among many others, which is why you should consider it.

Like most jobs, training is important if you’re to achieve your goals. It may be forgiving in most things, but paralegal work is still serious work. If you do good, you’re well on your way to a rewarding job.

Safe Driving Advice: Driving at Night or During Bad Weather

Auto Accident in Springfield

Driving on a regular day, with the sun shining brightly and the roads free from traffic, is what every driver wishes for each time they leave the garage. But there are just moments when you have to drive at night or during bad weather, when visibility is sorely limited and road conditions are just less than ideal.

In case of a road mishap, you might need the services of an auto accident lawyer in Springfield, IL, your insurance provider, police officers, and perhaps EMTs. To avoid accidents, here are some tips that may help you become a better and safer driver.

Avoid Driving at Night

Especially if you have bad eyesight, driving at night is a lot more challenging than doing it during the day. Although you cannot completely avoid driving at night, you can schedule most of your appointments during the day. Leave earlier if you are going out for dinner and you can also avoid the rush hour.

Know Your City

There are probably streets in your area that are less prone to traffic. The fewer vehicles on the street, the safer it is to drive on. Know the streets that are seldom used, but don’t go through ones that are always full of pedestrians.

Drive More Slowly

It’s harder to see at night, distances and objects are more difficult to judge, so drive a little slower. This will give you more reaction time, allowing you to spot people, animals, objects, and other cars on the street earlier.

Avoid Going Out During Bad Weather

If the weatherman predicts a snowstorm or heavy rains, reschedule your appointments and stay home. Leave earlier if you just have to go so you can drive slowly and carefully and still be on time. Traffic jams also happen more often during bad weather. Make sure you are using the right tires for the weather too.

Safe driving during nighttime and bad weather is possible, but it takes patience and practice. As much as possible, drive when the sun is out.

Defining Genuine Redundancy

Have you heard of redundancies in your workplace? If this is the case, the company might be restructuring, moving bases, laying off employees or closing its operations in your location. You don’t want to be on the losing end of the business’ long-term plans, knowing your options when you become redundant is a must to either retain your job or have enough time to look for a new one.

What is genuine redundancy?

According to an expert on redundancy laws in NZ, redundant employees are only genuine and are terminable if their employer decides that for valid reasons an employee’s services are no longer of use. A ‘genuine reason’ can be that the company is changing the structure of their business to become more efficient and profitable, closing or selling to another owner.

Differentiation Between a Normal and Voluntary Redundancy

To further clarify what redundancy is, you must be able to identify a normal from a voluntary one. The latter occurs when upon consultation during the restructuring of a company, your employers ask everyone in the office whether they want to become redundant. The former is when an employee’s job is no longer necessary and he or she has to leave. However, in some instances, you might get another job in the same organisation as an option to redundancy.

Should You Get a Notice Before Your Job Becomes Redundant?

All employers must give prior notice to an employee who is about to become redundant. This is often a part of the employment agreement. If it isn’t in the contract, then the company must provide ‘reasonable notice’ before redundancy occurs. Determining what ‘reasonable’ is will depend on the situation of an employee. Factors such as seniority, years of service and others will play a role in deciding it.

Knowing the factors that affect your position in the company is important for you as an employee. Understanding what redundancy is in your case will help you file a challenge if there is reasonable doubt in your employer’s decision.

 

Its Over: Taking on Divorce the Healthy Way

Many couples choose to remain in an unhappy marriage because of fear. While many contemplate the idea of divorce, others don’t pursue it because they are scared that it will screw up their kids or fear that they are not strong enough to deal with associated challenges. Some, however, don’t want to venture into the unknown and feel that it is better to stay in unhappy marriage than be divorced.

The decision is always yours. When you finally muster the courage to choose divorce, there will be a rollercoaster of emotions. Denver family law experts note that the best thing you can do is to stay focused on the most important aspects of life and not to dwell in your negative feelings.

Financially Preparations

It is always likely that your financial situation will change after divorce. It is important to accept this fact to help you strategize early on. Experts note that those who accept the reality quicker, recover faster. Keep in mind that you have the ability to make new opportunities and improve your financial situation. In the meantime, know your current financial situation to plan for the changes.

Focusing on Parental Duties

Divorce is emotionally damaging for children. This is why it best to acknowledge their feelings and let them know that you understand what they are experiencing. Once you start to accept that your life is changing because of divorce, the best thing you can do is to be focused as a parent. Be kind when your kids express disappointment about divorce and avoid talking critically about your ex-spouse.

Grieving the Right Way

Healthy grieving is an important process when ending a marriage. This doesn’t mean crying and being alone all the time, however. It is best to accept that full recovery takes time and you will eventually get through it. Healing process involves different stages such as, denial, anger, bargaining, depression, and acceptance.

It is normal to feel sad and ashamed at the beginning stages of your divorce. If you feel overwhelmed, don’t hesitate to seek support. Talk to friends and family members, and don’t forget to socialize. This will help you feel less alone and remind the recovery and better future are always possible.