Category: Legal

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that at the time we most need an attorney we are least likely to be in the frame of mind to look for one. So, how should you sort through the mix of recommendations and names set before you when the situation presents itself and you must decide upon legal representation for one reason or another?

Research. Research. Research. Is the attorney you are considering in good standing before the State bar of whichever state you require representation? Has he or she been sanctioned or reprimanded for ethical or other violations? This information is generally public record on your state’s board of professional responsibility or state bar association website. Is he or she embroiled in any legal issues of his or her own that may affect or complicate their ability to represent you? Sometimes simply googling the individual will reveal more than you know.

References. Talk with former and/or current clients of the prospective lawyer to determine if they have had a good experience. Does the individual return calls promptly? Is the attorney someone they would use again? Did they feel the fee the attorney charged was commensurate with the services rendered? If applicable, was the outcome favorable?

Cost. What and how does the attorney charge fees? One of the most important considerations in deciding on legal counsel is the cost of the attorney’s services. Attorney’s fees can be very expensive and can add up quickly in lengthy and complex legal issues. Depending on your type of legal issue, an attorney may charge a flat fee, a retainer fee paid up front from which future billing is drawn, a straight hourly fee, or a contingency fee which is when the attorney is paid a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not get a fee. Keep in mind that even if you do not recover, you would still be responsible for costs other than attorney fees such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus his or her practice in the area of law you are seeking? Attorneys can advertise that they work in certain areas of the law but may not have worked many cases in that specific area of the law. For example, if you are considering hiring a lawyer to handle a car accident case for you, ask him or her how many other car accident cases he or she has handled. Ask how many of those cases were decided in favor of the attorney’s client. You may know an attorney who has been in practice for decades and who advertises that he or she does work in wills and estate matters as well as personal injury. But find out how many wills they have drafted. Another example is if you’re looking for a pregnancy discrimination attorney, you need to check if the lawyer is well-known in this field or if he has won multiple cases against pregnancy discrimination. Do they simply dabble from time to time in that area or is it a true area of their practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So make sure you are getting someone who knows the area of the law and is up to date on the most current laws.

Appeals. If you are seeking an attorney for any legal issue that involves a court proceeding, then there is always the possibility of an appeal. Inquire about the likelihood of appeal in your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney does handle appeals, ask about the different costs associate with an appeal. Ask about the timeline of an appeal. If you are looking for an attorney to handle a legal matter that could potentially be brought up on appeal, better to have that same individual working the case from the beginning until the end than have a new lawyer take over in the middle. These consideration on the front end will save you time, money and frustration down the road.

When you choose an attorney you are making an investment, not only financially but an investment of your time. You should be well informed and use all the resources available to you when you make this important decision.

In whichever country we may reside we are bound by the laws of the place. Every country state has its own set of laws that the people, organizations and every alternate system have to abide by. The citizens have to limit their activities according to the demands of the state and country. In any country, the Supreme Court is the guardian of the legal system. All activities have to be brought to the notice of the Supreme Court and its subordinate judicial systems. Let us discuss the system briefly.

Supreme Court

As we already discussed, the Supreme Court is the highest system of any country. It is the father legal service provider. Even the head of the state or the country has to abide by its rules. The judge of this court has the final say in every matter.

• Suppose it is a criminal case where the offender has been found guilty and has been awarded capital punishment by the subordinate court. In that case, he may appeal to the Supreme Court. If the court finds him guilty he may be punished or he may be pardoned. If punished he cannot appeal any further.

• If there is a conflict between the centre and the state of any country the decision of the Supreme Court prevails.

• If a citizen feels that his/her fundamental rights have been obstructed by any person, group, or organization he/she may bring it to the notice of the highest court of the land.

Other Courts

There are several levels of the court. Some are local and some are higher than that. All of them work at the discretion of the Supreme Court.

Judges

The judges are a key factor to solve any cases that comes to the court. The judges have to be impartial in their views and have to listen to every case very carefully. After all the hearing they have to pass their judgment to the people impartially and what he feels would be best suited as per rule book of the place.

A Lawyer

The lawyer may be the least member of the court which one can relate to though he is the most important one. He acts as the connection between a person, an organization or a group and the court. He/she is the one who represents the case of a person, the organization or the group to the court. They are well accustomed to all rules and regulations and they help a person to get judgment.

In case you are in any problem that involves legal issues, approach a lawyer who would impart you proper legal advice and let you be in the right path.

At one point or another someone is likely going to owe you money. If you run a small business in South Jersey, it’s almost inevitable. So how do you collect what is rightfully yours?

Contrary to the lawyer battle cry, the answer is not always to “sue them!” Sure, it is certainly satisfying to serve someone who has attempted to take advantage of you with a summons. However, before doing so, it’s important to evaluate your relationship with the individual/client/customer, and their reasons for not paying. Most significantly, would you like to do further business with this debtor? Are they simply having cash flow issues? Was there a misunderstanding? What does their past history look like?

If you’re not quite sure of the situation, give the debtor a call. In as much of a non-confrontational tone as you can muster, remind them of the debt and the terms of the agreement. At this stage, making threats is counter-productive but so is being overly accommodating. In general, a friendly yet firm approach produces the best results.

Regardless of the conversation’s outcome (barring the miracle that is immediate payment), send the debtor a letter memorializing the terms of the initial agreement as well as your recent telephone conversation. Send this letter by certified mail to confirm its receipt. Also, be sure to include a deadline for payment or a response. As the original debt holder, you are not subject to the Fair Debt Collection Practices Act and may give the debtor as many days to respond as you’d like. We recommend ten days from the date of the letter. Ten days is enough time to account for delivery time and consideration by the debtor. In our experience, if there is not a response within ten days, there isn’t going to be one.

The content of your demand letter should vary based upon the situation. Obviously, threatening legal action is not conducive to continued business. Just as a purely informational reminder will do little to spur action from those more unscrupulous of debtors.

Your demand letter did not work. Now what?!?!

You have three options:

– File a Lawsuit on Your Own

– Hire a Collections Agency

– Hire a Lawyer

Filing a Lawsuit on Your Own

Unfortunately, New Jersey law prevents your business from representing itself in court (unless you are a sole proprietor). However, as an individual, it is absolutely your right to file pro se.

For the purposes of suing on a debt, New Jersey civil courts are divided into three sections. They vary in procedure and the amount in controversy.

Law Division

– Claims over $15,000

– Discovery period lasting between 150 and 450 days

Special Civil Part

– Claims up to $15,000

– Abbreviated discovery period

– Trial dates generally scheduled within three months of filing Complaint

Small Claims

– Claims up to $3,000

– No Answer required; appearance at trial date sufficient

– No discovery period

– Trial dates generally scheduled within six weeks of filing Complaint

Law Division cases are not only lengthy but subject to the New Jersey Rules of Practice. As a result, we do not suggest representing yourself (not from self-interest, we promise).

Special Civil Part also is subject to the New Jersey Rules of Practice. However, some of its practices are amended to reflect the Special Civil Part’s condensed format. New Jersey Courts’ website offers a great how-to-guide for pro se Special Civil Part litigants which you can find here.

Small Claims court is the Wild West of New Jersey courts. The vast majority of litigants are unrepresented, the cases are, for the most part, the result of personal grievances, and the Judge generally doesn’t want to be there any more than the next person. It makes for interesting viewing, and a certain headache.

Hiring a Collections Agency

Many collections agencies focus solely on bulk collections. However, there are collections agencies that will handle individual debtors. The value in using a collections agency is their ability to manage a large debt portfolio, track down individual debtors, and relentlessly contact debtors in an effort to settle the debt. Communication from a collections agency may also give a debtor a sense of urgency.

However, for those cases where there is a single debtor with a known address, a collections agency is likely not the best route.

Hiring a Lawyer

Surprise, surprise. We recommend retaining a lawyer to assist you in collecting a debt. However, only in cases where it appears as if payment is not forthcoming and/or you do not wish to conduct future business with the debtor. Undoubtedly, a demand letter from your lawyer threatening a lawsuit doesn’t do a whole lot to help a business relationship. However, if you’ve heard enough excuses and promises to pay, hiring a lawyer is the most effective way to see actual cash. First, debtors tend to pay more attention to attorney correspondence. They realize that legal consequences loom if they fail to pay the debt. Second, this is what lawyers do. We know how the game is played, its rules, and what the likely outcome is. Third, even if you “win” in court, you may not see any actual money. Lawyers know the best ways to turn your judgment – which is worth only as much as the paper it is printed on – into cash; by garnishing wages, levying bank accounts, and creating statewide liens.

There is no way around it – attempting to collect a debt is a frustrating process. It takes time, patience, know-how, and a sense of objectivity. It can certainly be done on your own. However, to ensure that you receive the most of your money, we recommend an experienced debt collection lawyer.

When you want to expand your family, you’re going to have to navigate some channels if you plan on adopting. Some adoptions can be simple and take less time to complete while others can take years and be a bit more complicated. Overall, though, the process is typically not as frustrating, time-consuming, or costly as many people expect.

There are several steps in the process of adopting a child, which have been broken down so that you have an easier time grasping what is in store for you. The process may differ, though, depending on the specifics of your case as well as the particular needs of the children as well as the parents of the child you want to adopt.

Let’s go over the general steps you can expect when going through the process of adopting a child.

Do Research

Many people want to jump into adopting without knowing the full details of what is in store for them, which can lead to plenty of surprises along the way. It’s recommended that you speak with other adoptive parents, possibly even joining a support group to gain more insight into how the experience can be and how it differs from person to person.

You’ll also be asked some important questions, which you will want to begin thinking about as soon as possible. Questions you will be asked include:

• Are you interested in adopting an older child or a newborn?
• Are you looking to adopt internationally or domestically?
• Would you be open to adopting a child that is a different race?

Find Professionals to Work With

Because of how much goes into the adoption process, you will want to either work with an adoption agency or an adoption attorney in Fresno, CA. These professionals will be able to help you along the way, including aiding in filling out necessary paperwork and fulfilling legal obligations, such as getting a home evaluation done by a licensed social worker. When it comes to domestic adoptions, you will also receive counseling and possible birth mothers will be screened.

If you’re wondering what the difference between an adoption attorney in Fresno, CA and an agency is how potential birth mothers are found. When a woman is pregnant and considering adoption, she will go to an adoption agency. However, attorneys will often use their network to find potential birth mothers. International adoptions, though, are almost always handled by agencies.

Once you’ve done your research and know where to go to find a professional to handle your adoption, you will be able to proceed with confidence and ensure your adoption goes smoothly. You should always make sure that the attorney or agency you are working with is licensed by the state and interviews should be conducted to make sure they are the right fit for your case.

Don’t let the idea of how daunting the process is deter you from adding a new member to your family. Speak with a professional about how you can begin the adoption process.

In the space of a few years the legal basis of most any court case has shifted to include virtual law searches. While nobody recommends you follow the recommendation of the Google Search Page, the option is there to help you find the right lawyer, or seek out the right information.

Asking the right question matters.

The fundamental basics of law don’t really change much, and everyone knows there are ins and outs of decision makers that make the ultimate choice more important than ever. So you’ll want to seek the most objective attorney you can find, when you’re looking for an attorney to handle your court case.

If you’ve already been to trial and lost, did you know it’s okay to appeal your case?

An appellate attorney can look over your court case and determine if you have the option of taking your case to the court of appeals. When you appeal your judgment with an appellate attorney, there are a few basic concepts you’ll want to know prior to hiring the one person who works for you.

1 – If the court’s decision during your trial didn’t seem fair – you’ll want to ask an appellate attorney to look at your case.

2 – If your case includes details that should have been separated – you might want to appeal, to have separate issues settled differently.

3 – If you were unjustly accused, and the hearing didn’t go in your favor – you’ll want to request an appeal to have better representation of your details.

Often a lack of details can cause a case to be dismissed without further action. Or there can be other remedies applied in relevant cases.

The key to appealing your case successfully is finding the right appellate attorney. Not every attorney is created equal, and you’ll find the one attorney who works best for you, has your best interests in view while working for you, and accomplishes the task set before them – is the best in their specific area of expertise. The absolute best in a specific expertise may not pop up on the Google Search, but they’ll probably be located by name.

Many will recognize their name.

Several years back the question of who to hire might have been super difficult to find, but more recently you can ask most any attorney for a recommendation. Asking friends might be a good idea, or asking others who have recently had court battles. However, none of these may have had your particular experience.

Now, you can find an attorney online, then ask for referrals and references from other attorneys for a better grasp of who might be your best choice.