Every individual who violates the personal or property rights of another is financially responsible for the damages cause by his or her act. To collect money for this civil wrong there must be damages or injury; without one or both, there can be no recovery of money. If you have a claim that has a complicated set of circumstances or evidence, one which obviously demands legal advice, than you need a lawyer. If you hired Attorney I. M. Sharp and he had to burn the midnight oil for you and/or even win your case, there can be no objection to his collecting his fee. But, far too often, in cases of a completely uncontestable claim, one finds themselves handing over a huge percentage of that recover to a lawyer for doing minus-zip! Im referring to the average motor vehicle accident case, one where its absolutely clear that the other individual, Fumbling Fred Fuddle, is clearly at fault. Attorney Sharp sends out his routine Letter Of Representation to Fuddles carrier THE GRANITE MOUNTAIN INSURANCE CORPORATION, secures the Medical Bills and Reports from your Ole Doc Comfort, and procures a Police Report, if one is available. Then, for less than two dollars worth of stamps and an hour spent on negotiations Sharp (depending upon where you live) extracts a fee of between 331/3/% to 50% in settlement. For example, say Attorney Sharp settles a case for $3,000, and then takes a fee of 1/3 of that $3000. It doesnt take a degree in mathematics to figure out that youre paying him $1,000 for what is usually - - less than a few hours work. After youve paid Attorney Sharps fee, along with your medical bills to Doc Comfort, and after deducting the money recovered from the time lost from work out of that $3000 settlement, the bottom-line monetary compensation to you has been plundered ! IN THEORY, the money you have left, after deducting these expenses, is your Financial Reward for the Pain and Suffering youve been forced to endure. But with the naive signing on with a lawyer (to settle a claim thats clearly not your fault) youre left with a feeling of decimation because youve definitely not been left with what you deserved for the physical and emotional ordeal youve been forced to deal with. When Attorney Sharp settles your claim he doesnt deduct your out-of-pocket expenses before he takes his fee. Instead, he takes his fee Right Off The Top where the cream floats. Then, with whats left, your out-of-pocket expenses are paid. FOR EXAMPLE: The damage to your Motor Vehicle is $1,500, your Medical Bills are $400, and your Lost Wages are $600, for a total of $2,500. Even in a case of Clear Liability, the lawyer not only takes a one-third cut from the Pain and Suffering portion of the settlement, he also takes a third of your out-of-pocket expenses ! Now, think it out: Your Property Damage was $1,500, Your Medical Bills $400 and your Lost Wages $600 came to a total of $2,500. Then youre paid $3000 for your Pain and Suffering so the total settlement is $5,500. In a perfect world, in a case of clear liability, Attorney Sharps fee should have been taken from the $3000 you were paid for your Pain and Suffering. If he did, his fee would have been 1/3 of $3000 or $1,000. But, without fail, Sharp will take his 1/3 of the grand total of $5,500, bringing his fee to $1,833.33. Thats outrageously unfair because, in a case of clear liability, GRANITE MOUNTAIN would have paid you your out-of-pocket expenses of $2,500, - - whether you had a lawyer representing you or not ! ALWAYS REMEMBER: When you handle your own case (should you and GRANITE MOUNTAIN later disagree as to the value of your claim) theres a Time Limit established at which you can break off your negotiations and then proceed to obtain the services of Attorney Sharp. This time limit is called a STATUTE OF LIMITATIONS its never less than a year and in most cases its two or three; some states provide you with this kind of protection for as long as five or six years. To be sure you must check out how much time you have to fuss with Fuddles insurance company before you hand your case to a lawyer to handle for you. Dan Baldygas third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This book explains, in simple language, How To handle your motor vehicle property damage and/or personal injury claim so you wont be taken advantage of. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the Pain and Suffering you endured - - because of your motor vehicle accident injury! DISCLAIMER: The only purpose of this article "LAWYERS AND THEIR FEES" is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga, Peter Go nor ARTICLE CITY make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services. Copyright (c) 2005 By Daniel G. Baldyga. All Rights Reserved ZZZZZZ
WE'RE GETTING CLOSER TO THE START OF FORMER UNIVERSITY OF CINCINNATI POLICE OFFICER RAY TENSING'S RETRIAL. A MOTION TO DISMISS THE CASE HAS BEEN DENIED. 9 IS ON YOUR SIDE IS BRINGING YOU EVERYTHING YOU NEED TO KNOW. KNOW. KRISTEN SWILLEY IS LIVE AT THE COURTHOUSE. KRISTEN - TODAY THE JUDGE COULD DECIDE IF A PIECE OF EVIDENCE WILL BE ALLOWED THIS TIME AROUND. PREJUDICIAL AND INFLAMMATORY - JUST SOME OF THE WORD'S THE DEFENSE IS USING TO DESCRIBE A CONTROVERSIAL PIECE OF EVIDENCE - THE T-SHIRT RAY TENSING WAS WEARING WHEN HE SHOT AND KILLED SAMUEL DUBOSE. AS YOU CAN SEE HERE IT HAS A CONFEDERATE FLAG ON IT. TENSING'S LEGAL TEAM SAYS IT DOESNT ADD ANY VALUE TO THE CASE, SAYING IT WOULD "UNDULY AROUSE THE PASSIONS OF THE JURY. " THE DEFENSE IS ALSO QUESTIONING THE CREDENTIALS OF THE PROSECUTION'S EXPERT ON THE CONTROVERSIAL BODY CAM VIDEO, THE SAME PERSON FROM THE FIRST TRIAL. THE PROSECUTION IS DOING THE SAME THING WITH THE DEFENSE'S EXPERT. THAT PERSON WAS LINED UP FOR THE FIRST TRIAL BUT NEVER CALLED TO TESTIFY. AND A CRITICAL STEP IS STILL AHEAD FOR BOTH SIDES - NARROWING DOWN THE JURY POOL THAT'S NOW 180 PEOPLE TO 12. 9 ON YOUR SIDE LEGAL ANALYST CARL LEWIS TALKED TO US. ABOUT WHAT COMES AFTER THE QUESTIONNAIRES ARE SCRUTINIZED THIS WEEKEND. "The questionnaire is really just a preview of who you have in front of you until you can start diving into some very critical questions. You say that you're a member of the NRA. What are your feelings about guns? Why are you a member of the NRA? You said on this questionnaire you support thepolice 100%. What do you mean by that?" THAT HEARING BEGINS AT 9 A. M. REPORTING LIVE. KRISTEN SWILLEY. 9 ON YOUR SIDE. AND CHRIS -- I KNOW YOU SPENT A LOT OF TIME COVERING TENSING'S FIRST TRIAL. WE'RE STILL SEATING A JURY. BUT ARE YOU SEEING ANY DIFFERENCES IN HOW THE CASE IS BEING HANDLED? AD LIBS ANSWER OVER TENSING FIRST TRIAL BROLL. YOU CAN COUNT ON 9 ON YOUR SIDE FOR FULL COVERAGE OF RAY TENSING'S RETRIAL. WE'LL BE LIVE STARTING AT 4:30 AM HERE ON GOOD MORNING TRI-STATE STARTING TUESDAY. AND OUR COVERAGE WILL CONTINUE EVERYDAY UNTIL THE VERY END. AND FOR UPDATES WHEN YOU'RE AWAY FROM THE TELEVISION - GO TO WCPO DOT COM AND DOWNLOAD THE 9 ON YOUR SIDE APP.
Indian Attorneys are people who have gone to law school and who practice the law. They must pass a big exam called the bar exam. This is what makes a student a certified attorney. Sometimes students can have a hard time determining what kind of law they want to practice because there are so many different types.
First, you need to consider all areas of the law. Once you have narrowed your choices down to a three you should start seeking as much information on those choices that you can possibly fund. You will also want to determine what type of firm you want to practice. Maybe you want to do corporate law where you have the opportunity to make partnerships or maybe you want to head out on your own.
Lawyers & How They Negotiate Personal Injury Settlements
There are so many areas of the law that some lawyers specialize in a couple areas, while some focus on just one area of the law. Practicing attorneys that do a generalization of many areas of the law are called general practitioners.
They don’t focus on all the areas, but they choose many areas in which to have great knowledge of. Specialists focus on one area. You may have criminal attorneys, tax attorneys, women’s rights attorneys, and so on. A general practitioner can handle most legal issues that are common.
If you are involved in a complex case or case that is worth a lot of money or a serious matter you will want a specialist. In some cases, people will have multiple attorneys so that they can make sure that their case is being handed to the firm’s full capability and so on.
When it comes to the lawyers, you will mostly see what special training they have gotten. Attorneys are just the name for anyone who can represent you in a court of law. They too have to pas a bar and are state certified. Any lawyer can be an attorney. The only thing is that some lawyers do not litigate.
Ethics are defined as those standards by which conduct is measured. Because Paralegals are professionals they are held to a higher ethical standard than an average person. Professional ethics are governed by a set of written rules that establish the limits of permissible conduct in the professional's contacts with others as well as the manner in which the professional advances their practice.The general ethics that every paralegal needs to know and work by include:If it doesn't feel right do not proceed until it does. Read and understand the ethical rules. Make sure everyone you come in contract with understands you are a paralegal and not an attorney. Never tell anyone who is not working on a case anything about the case. Keep your confidences. Know what legal advice is and do not be coaxed into giving it. Never make contact with an opposing party in a legal dispute, without permission of your supervising attorney. Disclose your inexperience when you do not know how to complete an assignment. Do not sign anything unless you know it is accurate and that it is permissible for you to sign it. Never pad your time sheets. Know the rationalizations for unethical conduct. It is always done. The other side does it. The cause of our client is just. If I don't do it I will jeopardize my job.The five things that paralegals absolutely can never do while working as a paralegal include:1. A paralegal cannot accept cases from potential clients.2. A paralegal cannot set fees.3. A paralegal cannot give direct legal advice to clients.4. A paralegal cannot negotiate legal matters on behalf of clients.5. A paralegal cannot represent clients in court settings. (There are exceptions to this however)I highly suggest reading the model rules of professional conduct that the American Bar Association has set forth regarding the ethics of paralegals within their scope of employment.