Mar 30
The Role of Law Schools In The Legal System
Posted by Richard Gallund in Compensation Articles on 03 30th, 2009| | No Comments »

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Nowadays if you want to work as a lawyer then you will need some form of sector specific education. This will usually take place in a law school although the actual qualification process that you have to go through may vary according to the country in which you live.

In many cases law schools are attended by students who have already gained an undergraduate degree. So, once you have left college with your first degree you may need to spend another few years (on average three) at a law school to gain the legal qualifications that you need.

In most cases study at a law school will be done on a full time basis although there are cases where you can study part time here in certain jurisdictions. The qualifications that you can achieve here include Doctor of Law (JD) and the Bachelor of Laws (LLB).

In order to get accepted by most law schools you will have to pass a specific exam to test your suitability for this sector. This is commonly known as the Law School Admission Test or LSAT. Once you pass this exam you can apply for the school of your choice to see if they will offer you a place.

Once your study is done at law school you will also need to take the State Bar Association exams. Passing these exams will allow you to take up employment as a lawyer. Tests here are state specific and are held on a regular basis.

Not all countries have law schools that operate in the same way. You can, for example, study for an undergraduate legal degree in the UK and do not have to wait until you reach a post graduate level to start your studies here.

As with most other countries, however, studying for a legal degree at undergraduate level in the UK does not mean that you can immediately practice law. You will need to take on some form of post graduate study/exams affiliated to the Bar or Law Society.

The UK university that you attend on an undergraduate basis may call itself a law school but it will technically probably be a simple university department rather than an entity in its own right. Students in the UK can also gain their qualification to practice in law via the College of Law which is the closest thing that the country has to typical USA law schools.

If you are thinking about going to law school then remember that competition is fierce. It is not enough to simply buckle down and concentrate on getting good grades to find a job once you have graduated. Nowadays law firms of all sizes can afford to pick and choose the law graduates that they hire.

So, make sure to become as involved as you can in non-academic activities while you are at law school. You can, for example, join the Bar Review and take up work experience or internships to get some real-life legal experience. Any extra experience you can demonstrate here could make it easier to get a good position when you graduate.

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Mar 29
Understanding The Litigation Process
Posted by Richard Banbury in Compensation Articles on 03 29th, 2009| | No Comments »

Litigation is defined as being a legal process that takes place either inside or outside a court of law. In most cases this will involve a legal proceeding between two parties (either individuals or businesses or a mix of the two) to establish the rights and wrongs of a particular legal dispute. A litigation action is commonly simply referred to by many people as a lawsuit.

So, if you take up a lawsuit against your landlord for breaching your rights as a tenant then you will go through a specific litigation process. For this reason, in some areas and countries, the lawyers that represent you in court may often be referred to as litigators. A lawyer known as a litigator will often have specific court representation experience. The aim here is to settle the lawsuit in favor of one of the parties involved and to give compensation and/or punishment as necessary.

Not all lawsuits and litigation actions actually have to go through a court process to be resolved. In some cases, if both parties agree, the lawsuit can go through some form of mediation process where an independent third party tries to help both sides come to a mutually acceptable compromise. This could mean that your lawsuit does not have to go to court to be resolved at all. So, for example, if you are suing a past employer for unfair dismissal then you might sit down with an independent employment specialist to try and reach an agreement before the courts are involved.

Most people will retain a specialist lawyer with court experience for a litigation process that does have to go to court for a ruling. The lawyer will file a motion (often known as a complaint) outlining the reasons behind the litigation process. They will also back up their complaint with background information and any compensation requirements and so on.

The same information can also be handed to the court by the other party involved in the lawsuit. In this case their information will give their perspective on the situation that led to the litigation in the first place. If you are the party making the litigation claim then you will usually be known as the plaintiff in this instance. The other party (i.e. the one that you are accusing of wrongdoing) will be known as the defendant. The onus is on you to prove your claim here and on the other party to defend their position and to potentially disprove your claim.

When you make a claim here the other involved party will be given a set period of time in which to ‘respond’ with their own version of events. If they do respond (and they often do not have to) then the case may go to a full court. If they have not responded then the court will consider your claim and may make a ruling without any input from the other party. In some cases the court could even set and award compensation in the absence of the defendant.

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Mar 29

For most of us using a lawyer is an infrequent occurrence. We may occasionally talk to a legal professional about issues such as making a will, getting a divorce or even for a civil or criminal case in which we are involved. But, the chances are it’s been a good few years since you had to take legal advice.

But, if you do need a lawyer then you often need one fast and this can lead to errors of judgment. It’s not enough to stick in a pin in a phone directory and to choose the lawyer that it hits. Legal advice can be costly and you need to make sure that you get the right advice to suit your needs. The following tips could help you out here.

#1 Word of mouth: There’s no better way to choose a lawyer than to find someone on a referral basis. If someone you know has used a lawyer for a reason similar to your own in the recent past then talk to them about the services they got. Ask them if they would use the lawyer again themselves. If they say yes then this could be a good choice for you too. If they have negatives then you can work out if this could be a lawyer you want to avoid using.

#2 Qualifications/Experience: It is vital to make sure that you choose a lawyer that has the right qualifications and experience to help you out here. Remember, not all lawyers are equal (otherwise there wouldn’t be so many legal malpractice suits!). So, if you need criminal representation then look for a court experienced lawyer who has the skills to work best on your behalf. If you are filing for bankruptcy then look for a lawyer with experience of doing this for people like you. Lawyers can be either generalists or specialists but they must understand what you need before they can deliver on it.

#3 Cost: Legal fees can be expensive, especially if you have to go down a court case route. Before you retain any lawyer check out your cost options. Remember, many lawyers handling a civil case such as personal injury lawsuit will work on a contingency basis. This could see you get free legal advice and you’d only have to pay if you win and get some compensation. Some lawyers will also charge a fixed fee for some kinds of work (such as wills and real estate work) which may be cheaper than paying by the hour.

So, the key points to remember here are that you need a lawyer with the right experience at the right cost for your pocket who has ideally already got a track record that you can check because somebody you know has used them before.

If you are retaining a lawyer you will also need to think about the part that you play in the advice that they give you. Make sure to always respond to their requests for information and documentation quickly and promptly. And, make sure to always fill them in with all relevant detail about your situation or case so that they know exactly what is going on.

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Mar 28
Top Tips For Getting Free Legal Advice
Posted by Richard Banbury in Compensation Articles on 03 28th, 2009| | No Comments »

Retaining a lawyer can be a costly exercise, especially if you are not quite sure what kind of help you need or, indeed, if you need any legal help at all. For this reason it makes sense to try and get some free legal advice before you commit to paying a lawyer’s fees so that you can see where you stand.

So, in many cases, following these tips could see you get free legal advice that could well save you a significant sum of money:

#1 Research — there are all kinds of online legal websites that you can use to get some basic introductory advice before you opt to retain a lawyer. These range from online law books through to specific legal advisory sites, chat rooms and blogs. This route could see you find out what you need to know at no cost.

#2 Consumer Groups — in some cases you may well find that talking to a consumer group will give you access to free advice that could be useful to you here. This won’t necessarily work for every legal issue but could be helpful in some cases.

#3 Free Consultation — some lawyers will give you a free consultation at the beginning of a legal process so that you can assess where you need to go. Here you could outline your legal issue to a lawyer who can give you advice on how to proceed and how much it will cost you to do so.

#4 Pro Bono Services — some lawyers will offer pro bono (i.e. free) legal services for certain cases. To find out if you will qualify for these services you’ll need to find a participating lawyer/firm in your area.

#5 Contingency/Success Only Fees — in certain legal areas (such as in personal injury cases) some lawyers will offer their services to you on a contingency basis. Here you will only pay a fee if your claim results in a successful settlement or payment. If you lose your case then you don’t have to pay lawyer’s fees.

#6 Public Defenders — if you cannot afford to retain a lawyer to defend you, for example in a criminal case, then the state will appoint a lawyer to work on your behalf free of charge. You may have to prove financial hardship here.

In some cases you may only look for free legal advice to assess whether you need a lawyer to act on your behalf or to assess whether a legal case is worth progressing. In others you may find and/or qualify for a full range of legal services.

If you can it is worth while trying to get legal advice at no cost before you think about retaining a lawyer. There is no point taking a legal route if your case has no hope of success. This will simply be a waste of money for you. It is also worthwhile knowing what the overall costs of getting legal representation will be so that you can work out what you can and can’t afford.

In some cases you may also find that the legal advice that you are given shows you that you could take on your legal needs yourself. This shouldn’t be entered into lightly and you should always make sure that you understand what the ramifications are of taking the initiative yourself.

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Mar 27
Who’s Who In Law Offices?
Posted by Rachel Greene in Compensation Articles on 03 27th, 2009| | No Comments »

Hiring and using a lawyer can be a simple process — sometimes you can just walk into your local law firm, see a lawyer and then let them sort out your legal needs. But, if you have more complicated needs or decide to deal with a large law firm, then things may seem a little more complex.

In many cases, especially if you decide to work with a larger law firm, you may well be working with a variety of different people at different times during your case. So, how do you know who is in your team here and what do they do? Let’s take a look at some of the legal professionals who can work on cases.

Partners — partners are the most senior lawyers in any law firm. They may be the people who actually ‘own’ the firm as they helped set it up or they may have simply worked their way up to partnership level. In general terms a partner will charge you more for their time than a junior lawyer but may well be more experienced. Associates — associates are more junior lawyers who will be gaining experience and working their way up (hopefully!) to partnership level in most cases. Working with an associate does not mean you’ll be short-changed from an experience perspective. Most experienced associates will have been practicing law for a good few years and more inexperienced associates will be usually be mentored by a senior associate or partner. Paralegals — paralegals are specialists with some legal training but they are not qualified lawyers. A paralegal can complete various legal tasks but not all and they will often be employed to work with a lawyer to provide support and back-up on certain cases. Law clerks — law clerks are often law students looking to gain some work experience or young people looking to see if the legal world will suit them. A law clerk will help your lawyer/paralegal with research and will offer them a range of other support services. Specialists — in some cases it may be necessary for your lawyer to bring in an outside specialist such as an investigator or a legal specialist. Some law firms will contract this kind of work out to other firms and some will retain their own qualified personnel for these purposes.

If you choose to work with a small law firm or an individual practitioner on a straightforward matter then you may well find that you only deal with one person during your case. If, however, you have a more complicated case or choose to deal with a larger firm then you may well be given a team to work on your behalf.

Many law firms will make sure that you are given access to a sole point of contact if you are dealing with a team to make things easier. So, for example, your lawyer may manage a team of paralegals, clerks and investigators but you will not need to talk to any of them as all your contact will go through your lawyer. This can make the whole process easier for you so it’s worth looking out for.

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Mar 25
Understanding The Role Of The Civil Lawyer
Posted by Richard Banbury in Compensation Articles on 03 25th, 2009| | No Comments »

In the legal world, as it relates to everyday people, there are two types of case, civil cases and criminal cases. In a criminal case the legal action will be taken by the state against an individual or a company. In a civil case the action will be taken by one individual/business against another. If you need representation from a lawyer here then you will use one with relevant civil law experience.

So, for example, if you are accused of murder you will be prosecuted by the state in a criminal court case. But, if you are being sued by an individual who was injured in a car accident which was your fault then this would be a civil case and the state would not be involved. The case here would be initiated by the injured individual (the plaintiff) against you as the car driver (the defendant). Civil cases will most often result in a judgment which involves a ruling in favor of one of the sides in question and compensation may be awarded to the side that wins the case.

It is thought that our present day civil law systems originated from the legal systems of the Romans. Here, the aim was to put a legal system in place that protected the rights of individuals and that gave them the right to take action on their own behalf if they felt that they had been wronged.

Unlike a criminal lawyer a civil lawyer will not necessarily work on cases where a punishment is imposed in the traditional sense. A murderer that is found guilty in a criminal case, for example, is likely to be given jail time. The earlier case of the car accident victim making a civil case against you is more likely to result in compensation which you (or your insurance company) will have to pay to the victim if the case finds in their favor.

Some lawyers can work on both civil and criminal cases whilst others may choose to only specialize in civil legal work. A lawyer working on a civil case may well have some experience of taking cases to court but may also spend much of his/her time trying to resolve civil cases before they get to a court via mediation and dispute resolution services, for example.

The types of fees charged by civil lawyers can vary. Some, for example, will take a traditional charging route where you pay a retainer up front and then pay your lawyer’s fees when the case is done. These remaining fees are usually charged by the hour and/or on the basis of the work that the lawyer takes on on your behalf.

Nowadays, however, it is becoming increasingly common for civil lawyers to work on a contingency fee basis. In this kind of scenario the lawyer will take on your civil case for free. If you win compensation from your case then you will pay a percentage to the lawyer that you used. If you lose the case then you will not have to pay them anything.

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Mar 24

If you encounter a car accident that was not caused due to your negligence, then yes, you can file a compensation claim against the other driver to help you cover your costs of medical care, lost salary, car repairs, and other expenses.

Driving a car is never a non-serious business. Even a small mistake can cause someone or yourself terrible damage that may even direct to fatality. For that reason, it is extremely vital that you drive very carefully.

Being injured in a car calamity can cause serious injuries that will lead to financial loss, and also lost wages in case you cannot go to work for sometime. You will also need to get your car repaired for which you will have to spend a lot of money. If you have been hurt during the accident but not out of your own mistake, then it is essential to receive compensation for all these costs since you were not the cause behind it.

It is not simple to file claims, and it is essential that soon after the accident takes place you do something to ensure you make a prosperous claim. Filing a claim on urgent basis will turn out to be favourable for you for getting your claim routed.

When you face an accident, the foremost thing to do is to call an ambulance – if required – and the police. Meanwhile as you wait for the ambulance or the police, talk to the witnesses and acquire their contact information. In addition, talk to the other driver, and without accusing anyone for the accident get contact information that you will require later. Obtain the registration number of the involved cars beside their insurance information.

The police will solicit you for your testimonial, and this report has a number that you will require for your reference. Furthermore, get the name of the police officer who approaches you. If feasible, also take snaps of your car and the other car also at the accident location.

After that you need to cater for is your injury. Request your doctor for contact information, and keep all the receipts for the claim process. Appoint a lawyer, if possible one that has understanding in personal injury claims so that you can begin the process.

Once you get a lawyer, he or she will almost certainly take all the proofs you have collected and substantiate it themselves. They might also ask you to see another doctor to get more tests done to make certain that you have been honest about your injuries. All this is general process. You do not have to pay to most lawyers anything if you do not get the case in your favour, and if you win then you can claim that the fee be given by the defendant.

In view of the fact that it is now apparent that you can unquestionably file a compensation claim after a mishap, assuming that you were not the cause behind it, you should confirm that you take the crucial action to create a solid groundwork for filing a reimbursement claim next time you have to.

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Mar 24
Why Do Pro Bono Lawyers Work For Free?
Posted by Richard Banbury in Compensation Articles on 03 24th, 2009| | No Comments »

A pro bono lawyer is a legal professional who is giving his or her services on a case for free with no charge to the client. The term pro bono is derived from ‘pro bono publico’ which basically means ‘for the public good’.

In the USA many national and regional legal associations will recommend that their members take on a specific number of pro bono hours each year. And, some law firms will also require that their lawyers take on a certain amount of work of this kind themselves and will encourage them to do so.

So, most lawyers will take on pro bono work for the public good. This is also a good way for them to gain experience in different cases. Many lawyers will also take on cases that are of specific interest to them (or that would useful to their skills base) on a pro bono basis.

In certain cases a lawyer can take on a case pro bono but may well find that they do receive some payment for their work later on down the line. Say, for example, a lawyer works for free on a case that results in a significant cash settlement for his/her client. In this kind of case a judge may well make a recommendation to the client that they use some of their cash settlement to pay their lawyer for their services.

Many countries also use a legal aid/help system to provide pro bono services to people in need of legal help. In most cases the help that you are given at no cost here will depend on your financial circumstances and these kinds of aid programs tend to be reserved for individuals with a particularly low income.

So, for example, if you are arrested and charged with a criminal offence but cannot afford to retain a lawyer then you may well be given a court appointed representative or a lawyer from a private firm who is retained by the state on your behalf. Or, in a civil case if you are being taken to court by your landlord and cannot afford a lawyer to represent you then you may qualify for free help if you are on a suitably low income.

Also, some areas may offer free legal help to members of the community who do not qualify on an income level but who are helped as a matter of course based on some other issue. This can (according to the area in which you live) apply to you if you are disabled, in the military or are elderly, for example.

If you need legal help but don’t think that you can afford to pay for it yourself then you may want to check out whether a pro bono lawyer can help you out. Bear in mind that you may also qualify for free legal advice on general issues from consumer groups and legal aid offices and, in some regions, local lawyers will do pro bono work on legal hotlines that you can call for free advice. These hotlines may also be able to hook you up to pro bono programs if necessary at a later stage.

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Mar 19
Do I Need To Use A Bankruptcy Lawyer?
Posted by Richard Black in Compensation Articles on 03 19th, 2009| | No Comments »

If you are considering filing for bankruptcy then you may also be thinking about whether you need the help of a lawyer to guide you through the process. Declaring yourself or your company bankrupt is not something that you have probably done before so the answer to this question in most cases will be that you will find the help of a lawyer useful here.

This is especially the case in business bankruptcy. Even the smallest business can be hard to wind down here and the rules and regulations governing your actions in this kind of scenario can be hard to understand. You’ll simply make it easier for yourself and make sure that you get things right with some professional advice.

It is possible for individuals to file for bankruptcy themselves but you should take some time to read through all that is involved in this process before you do so. It may well be that you find that you need some advice and help with a bankruptcy proceeding from a bankruptcy specialist.

In some cases you may find that you can use a general practice lawyer who has some experience of managing bankruptcies. In others you may prefer to use a bankruptcy specialist who does not practice in any other legal area. The choice you make here is really down to your circumstances and to your own personal preferences.

One of the main reasons that people opt not to hire a lawyer here is the cost. After all, if you are thinking about declaring yourself bankrupt then the additional costs of legal help may be too much for you to bear. But, there are some other options that could help with this.

In certain instances, for example, you may be allowed to wrap your lawyer’s fees up into the debts that you already owe and in others you may qualify for free legal help if you are on a low income. And, some bankruptcy lawyers will offer their services free on a pro bono basis so this may also be an option worth looking at.

It doesn’t matter what kind of legal service you ultimately use — if you do opt for the help of a lawyer in your bankruptcy then you do need to make sure that they are qualified and experienced. Filing for bankruptcy involves adhering to a lot of specific processes and procedures so it is important to get things right here so that you are not punished for mistakes and omissions.

The problem for many people who choose not to use bankruptcy lawyers during this process is that they themselves can easily make mistakes as they have no previous experience of going through this process. If this happens then you could find that you are not adhering to the necessary rules and regulations and you could be sanctioned.

A lawyer here will also make sure that you keep whatever you are entitled to keep in terms of your property and assets. Again, this could be hard for you to assess yourself without the necessary experience behind you.

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Mar 19
A Beginner’s Guide to Family Law
Posted by Richard Silver in Compensation Articles on 03 19th, 2009| | No Comments »

As the name suggests, a lawyer specializing in family law will work with legal cases that involve the family unit as a whole. Lawyers here can work on all kinds of processes and issues from standard everyday legal cases through to criminal cases with a family or domestic setting. Family lawyers involved in a criminal case will usually work within a specially set up family court rather than a regular one.

In some cases family lawyers will work as part of a larger general law firm as an in-house specialist and some will set up in business for themselves. In other cases a lawyer may work in general practice and work in various legal areas including family law.

The types of cases worked on by family lawyers will usually fall into four main areas. These are:

#1 Marriages, pre-nuptial agreements, post-nuptial agreements, partnerships and civil unions. #2 Divorces, annulments and asset settlement. #3 Criminal family issues such as abuse and abduction. #4 Child related issues such as paternity, custody, adoption, alimony and visitation rights.

In many cases family lawyers become much more involved in the lives of their clients than regular lawyers. This is often especially the case if there are children involved. So, for example, if you are going through a divorce and need to sort out child custody and alimony issues then a family lawyer may well talk to you and your spouse/partner and to your kids during the representation process.

If, however, you are going through an amicable divorce where you and your partner simply need help to sort out the legal ramifications then your family lawyer may not need to get so involved. In this instance they will essentially simply go through the necessary processes to make sure that your divorce is legally valid

In some cases a family lawyer will work right across the specialist area and can give advice on most any family/domestic related issue. In others a family lawyer may also work with other specialist lawyers whose services they can use in certain types of case. So, for example, a family lawyer in a child abuse case may bring a different lawyer to help out here.

Family lawyers have to work to the rules and regulations of family courts in most instances. This often means that they need to work closely with mediators and counselors that are appointed by the court or hired by the lawyers themselves. This system is perhaps most often used when divorcing parents cannot agree on child custody issues as they may then be asked to participate in some form of family court mediation service.

If you need to hire a family lawyer then you should make sure that they are adequately qualified and, ideally, well experienced in the field in which you need their help. Whenever you hire a legal professional in general you should make sure that they are able and willing to represent your best interests and in this case the interests of your family if necessary.

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