5 Tips To Find Yourself A Great Attorney

Posted on | Saturday, December 18, 2010 | No Comments

Did you know that there are more than 10 million auto accidents happening every year in the USA? It is mindboggling, if you look closely at the number. In one state alone, the number of auto accidents reads close to 50,000 which are very high by any standards. If you happen to be one among these unfortunate people would you know how to find an auto accident attorney fast? What are some of the characteristics a good auto accident lawyer should have?

Here are 5 top ways to get a great legal professional when you need one

Talk with known people -- Get referrals by calling your friends, relatives and explain to them that you are in trouble and you need a qualified person fast. It is a good idea to do some research on the leads you get. Start with those professionals that are recommended directly by someone you know and then gradually work through those recommended by a friend of a friend. Be careful when you weigh the references because many people in their enthusiasm to help might give you the names of anyone they would remotely know just to bail you out.

Use the Net -- the Net is a superb way to start any search. There is a wealth of information hidden in its folds waiting to be discovered. Go through the available information systematically checking every positive recommendation against feedback received and zero on those who seem to be genuine.

Set up a time for interview and talk to your prospective lawyer -- talk to your lawyer and listen to your gut feeling. Are you comfortable with this particular professional? Does he or she inspire you with confidence and trust? Would you open up to him/ her and give the intimate details of your problems if the need arises? Does his or her style of working suit you or does it unnerve you. Choose the lawyer with whom you can open your heart and confide; choose the lawyer who pays attention to what you say and does not overrule you with questions and re-directions; choose a lawyer that you can trust.

Find out the fee this lawyer charges -- of course you want the best available lawyer in town. However, can you afford this professional? The fee and budget for your court case is a very important factor to consider when you plan to hire a lawyer. Do your homework well and be aware of what is the average market rate. Be ready to pay a little more than average for a good professional.

Experience and qualifications -- you would not want to be defended by lawyer who is just fresh out from school. While he or she could be a gold medalist as a student, the real life is a completely different type of jungle. What you need is a veteran who has enough experience about cases such as yours so he or she could anticipate what could go wrong and ensure that you have the best possible chances to win the case.

For more information on auto accident attorneys go to atlantainjurylawyerhome .

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Even Drunk Drivers Have Rights In The Eyes Of The Law

Posted on | Sunday, December 5, 2010 | No Comments

There are many consequences to getting behind the wheel of a car after imbibing alcohol or illicit drugs or such. Indeed, anyone who is stopped will certainly need the services of a DUI attorney if they are to come out of the case with the least possible punishment. A DUI lawyer will be able to sort out all the facts and guide the accused to get the best deal possible of course.

Whenever anyone has been over indulgent, and there are those who have not been aware that they have imbibed something alcoholic for sure, they will often just simply forget that they may be over the legal limit. Or, they take just this one chance since they may not be able to get a cab or another driver to take them home. This is just not acceptable of course since it could well be the one time that they cause someone else untold damage or even death just from taking that one and very rare chance.

Everyone knows these days that they must either not drink alcohol, or they must find a designated driver to take them home after their evening out. The problem occurs, naturally, when that designated driver is otherwise unavailable or decides to party on down with the rest of the crowd. Taxis are mostly always available so there really is no excuse for taking a chance.

However, that being said, some accused people have been let off lightly when there has been some form of emergency. For example, someone who had taken a couple of beers was let off lightly when he had to take his wife suddenly to hospital after she went into premature labor. Although, strictly speaking, this is still a crime, it could be deemed that he had little choice particularly if his wife was in any kind of danger. In this unusual instance he would probably get some kind of community service if no other person or property was damaged en route to the hospital.

These cases are very rare naturally and the onus would be on the driver to show that he tried every way to get his wife taken to the hospital. Some judges may not be as understanding but in general they do accept that some circumstances can be beyond our control.

For those who have been caught out and there are no circumstances which necessitated them driving, the law has no mercy for sure. If someone is damaged because of their inability to drive then they can expect the full force of the law to come down on them. Indeed, this could be a jail term in some circumstances.

Finally, if the accused was not give his proper warnings when he was arrested under suspicion of driving while under the influence, the expert will surely be able to do something about this kind of case. In some instances, cases have been dismissed when an overzealous officer arrested the driver without reading him his rights, or by treating him badly when taking him in to the station.

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Paternity and Paternity Testing

Posted on | Thursday, December 2, 2010 | No Comments

What is the procedure and how can the courts help when there is a question over who is the father of a child. Often a father will want to know for certain but a mother may also need to know the father for certain following an indiscretion, one night stand or where there have been multiple relationships. Furthermore a child of a certain age might want proof of his or her parents.

A declaration of paternity can be given by the High Court, a County Court or a Magistrates Court under the Family Law Act 1986 Section 55a. There is a requirement that the person applying is domiciled in England and Wales. The court can refuse an application if it considers that the person applying does not have a sufficient interest in the question being determined or if it is thought that a determination is not in the best interest of the child.

The application process is commenced by filing a petition with the court which must show:

a) The full name, address, sex and date and place of birth of the petitioner;

b) The full name and details of the mother;

c) Details as above of the person believed to be the parent;

d) The grounds for the application and any other relevant information.

The court may then order that paternity tests are carried out to determine whether or not a party to the proceedings is the mother or father of the child. The tests will usually be ordered to be carried out by one of the accredited testers approved by the Ministry of Justice.

One thing which needs to be remembered is that the court can only order that a test is carried out when there is an application for a determination by one of the interested parties. It cannot order tests in proceedings for any other purpose.

The European Convention on Human Rights bestows a number of rights on parents but in particular provide a right for a child to know its true identity. The court will always have in mind what is best for a child and knowledge of its true parents is a fundamental right.

When an application is made by a child it will usually be with the help of an independent adult who will act as litigation friend. If appropriate the official solicitor may be appointed to protect the child's interests.

Sometimes a party will refuse to co-operate with providing samples for testing. A refusal will not be taken as determining the issue but cannot fail to influence the court's decision. It will draw an inference from a refusal to submit to tests.


Andrew John is an associate lawyer with Legal-Zone, a group of independent UK lawyers working online to provide affordable legal advice. Their website contains free information on legal issues and an advice service where they will advise, often for free on legal matters

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Proving Fault In A Boating Collision Accident

Posted on | Wednesday, December 1, 2010 | No Comments

Whenever there is a boating accident with serious injury or death their needs to be a legal analysis performed in order to determine who was at fault. Because, proving fault is the key to successfully prevailing in a boating accident lawsuit.

Rules Of The Road: How To Determine Who Was At Fault In A Boat Collision

"Rules of the Road," is a term used for regulations that govern the conduct of boats in relation to each other. In other words, in collision situations. The purpose of Rules of the Road is to prevent vessel collisions. Think of navigational rules as a set of rules, much like the "rules of the road" apply to car drivers.

There are two sets of navigation rules: inland and international. International navigation rules are standardized all over the world, allowing boats from different countries to follow the same rules when they meet. Inland navigational rules can vary from region to region. Nautical charts typically include a demarcation line which shows when the Nav rules transition from inland to international, so that boaters can be aware of changing standards of navigation. In general, these demarcation lines follow the coastline and cross inlets and bays. On the seaward side of the demarcation lines, international rules apply.

The COLREGS

Understanding navigational rules or COLREGS (Collision Regulations) and knowing which is the stand-on boat or which is the give-way boat, is essential to determining which boat was the cause of a collision which occur on the navigable waters of the United States.

There are various rules that apply to specific situations. Here are some examples:

Rule 5 Look out
Rule 6 Safe Speed
Rule 7 Risk of Collision
Rule 8 Action to Avoid Collision
Rule 9 Narrow Channels
Rule 14 Head-On Situation
Rule 15 Crossing Situation

State Navigational Rules & Federal Maritime Law

Many States, have navigational rules. For example, California Harbors and Navigation Code and Arizona Revised Statutes. However, the Federal Rules of the Road / Nav Rules trump the State rules. Some State navigational rules include no wake zones or local traffic patterns. A violation of a COLREG or State law may give rise to powerful maritime presumptions. These are known as the Pennsylvania Rule and Breach of Statute.

Reasonable Care Under the Circumstances

In a collision situation, the Rules of the Road or State navigational rules are the primary method for determining who was at fault for the collision. However, the law also allows for recovery based upon a violation of a duty of care. The law imposes duties upon vessel operators under different circumstances The standard here is whether the acts or omissions which caused the collision were reasonable under the circumstances. In order to prevail under general maritime law you must prove a duty, breach of duty, the breach of duty was a cause of your injuries and damages.

Disclaimer:

This article is not legal advice. This article is simplistic in order to achieve clarity. The circumstances of your case may vary from those described herein. The foregoing legal discussion is based upon Federal Maritime Law. Meaning the collision occurred on the navigable waters of the Untied States and Admiralty Jurisdiction applies. If you are a seriously injured in a boating accident you should consult with a boating accident attorney.

Bill Turley is a California Boating Accident Attorney. He has been a practicing Maritime Attorney since 1987. Bill was elected President of Consumer Attorneys of San Diego and elected to the Board of Governors of the Consumer Attorneys of California. The Turley Law Firm has the most comprehensive boating accident website in California

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