Man And Work Law

Archive for May, 2010

They are called malpractice attorneys, and their brief is clear: to take up cases against those attorneys who have put the profession to shame by indulging in anti-client practices. The malpractice attorneys ensure that the black sheep in the legal family are brought to justice, and the individuals who have suffered are adequately compensated.
These cases are not few. According to reports, a malpractice case is filed against five to six percent of US attorneys every year. This keeps the unscrupulous attorneys on guard because no one wants to be dragged to the court. Litigation is very time consuming and it costs a lot of money. If possible, you do not want to go to court, and you definitely do not want to go to court with an attorney who is not legally suppose to handle medical malpractice cases. Many attorneys try taking these cases because there are certain circumstances that will benefit the attorney instead of the client.
So, what are the most common grounds on which the malpractice attorney builds the case? These include the way witnesses were presented or not presented; the way the cross examination was conducted; the way the defendant- attorney followed deadlines.
There are also occasions where an attorney may force a client to make an out-of-court settlement for reasons that benefit the attorney and not the client. It is these, and many more similar cases, that the legal malpractice attorneys in Los Angeles take up to ensure that the legal black sheep don’t go unpunished.
The legal malpractice attorney can easily be approached by clients who are victims of unscrupulous attorneys. They can do so by locating the addresses of Los Angeles malpractice attorneys on the net or by obtaining their contact number and address from yellow pages. It is also a smart thing to browse top law firms on the net that post customer testimonials or past successful cases. You can then call the clients and interview them about their experience.
There are four clear points that the legal malpractice attorneys Los Angeles need to establish if they want to win the case. The first is to prove conclusively that the defendant enjoyed a client-attorney relationship with the plaintiff; the second is that the defendant did not honor this trust that the plaintiff placed in him; the third is the loss that this unexpected breach of trust caused to the plaintiff; and the fourth is the compensation amount that must be awarded to the plaintiff to offset the loss.

In the field of debt collection and delinquencies, judgments and judgment risk factors are a very real concern. Will a creditor sue and seek legal judgment against me? If he does, what type judgment might it be? What exactly is a judgment and what can I do about it? These are just some of the questions answered in this judgment article. But please note. The content of this article is for consumer knowledge of judgments and legal lawsuits only and it is assume the reader will act responsibly towards his/her debt.

RISK FACTORS

Collectors must abide by the their state’s Statute of Limitations (SOL) for the amount of time to sue a debtor for payments. Therefore a consumer’s first step is determine if the SOL for collecting a debt has past.

If the SOL has not passed, the consumer must weigh the risk factor of a judgment against them when determining if they should pay a delinquent debt. A judgment could allow the creditor to garnish wages or hire an authority to come get your property. However, it is possible it may not be in the creditor’s best interest to do so. Sometimes it is simply too much time and expense for a creditor to take action against you. But the possibility does exist.

As stated at Credit Info Center: “The risks of judgments, garnishments, and property seizures must be properly balanced against the likelihood that such drastic collection measures will ever happen. The risk, and the decision to take that risk, are entirely yours if you’re in such a position.”

DEFINITIONS

JUDGEMENT – a decision issued by a court at the end of a lawsuit. If in the favor of the creditor it not only verifies the debt but can increase the debt by adding interest, court costs, collection fees, and attorney fees an may extend up to 20 years on a credit file. A decision in favor of the debtor makes the debt uncollectible and may include reimbursement of legal costs to the debtor.

JUDGEMENT PROOF – a debtor has little or no property that a creditor can legally take to collect in the foreseeable future.

PRE-JUDGEMENT ATTACHMENT – a legal procedure which lets an unsecured creditor tie up property before obtaining a court judgment.

DEFAULT JUDGEMENT – If a consumer is sued and does not file papers in response to the lawsuit in the prescribed time limit, the plaintiff can ask the court to enter a judgement against the debtor and is an automatic loss of the case. A default judgment can be set aside but this is unusual and circumstances must be notable to justify such a turn.

LIEN – a lien is a notice that a creditor has attached property. The consumer cannot sell the property without paying off the creditor because the lien makes the “title” cloudy.

SECURED DEBT Property that is purchased using the property itself as collateral on the loan is considered secured. Credit cards are considered unsecured but tax debt is considered secured.

What can a creditor do?

Creditors from secured debts may be able to obtain a judgement for repossessions. Mortgagors can depose and landlords can evict. Garnishment or taking of wages is an option of any creditor. The decision to sue a debtor is usually based on the amount owed (usually over $500), the cost of getting it back, and whether there is a reasonable expectation that something can be collected.

If the matter can be sorted out with the person making the claim before it goes to court, it will be cheaper. If you lose in court, you risk having to pay the other side’s costs. Even if you agree that you owe the money but don’t agree on the amount, you can try to negotiate the matter before it goes to court. If you reach an agreement, you will need to submit an agreement as to judgment form in the court, which tells the court that there is no need to have the matter heard.

Some judgments can be fought by challenging their validity. For example, default judgments at times can be reversed by claiming the debtor was never served or was ignorant of the facts. Before reversal, however, you must back up the claim with facts. Judgments which include selected stipulations, can be reversed if the debtor can prove coercion or misrepresentation. Of course winning an appeal in a higher court can reverse a decision as well.

Payment of Judgments

Once a judgment has been issued, settlement may still be an option if the debtor and creditor can come to terms. This is often the case when dealing with a temporary judgment-proof debtor who will have assets freeing in the future. The creditor may want the debt cleared sooner and might be willing to settle.

Contrary to popular belief, a judgment can be removed from a credit file by the creditor. This requires a fair amount of work and therefore the creditor would have to be motivated to do so in some way.

Readers will probably be interested to know Mike, the author of this article, also offers a free debt elimination mini-course via e-mail. You can enroll at Debt Free In 7.5 Years.

DUI laws vary by state, so it is important to understand the laws specific to where you have been charged when going about your defense. Most states assess different penalties depending on your level of intoxication. The state of Maryland is no exception.

Maryland DUI Charges

There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.

In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.

Driving While Impaired

If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:

· Maximum 2 months in jail

· $500 fine

· 8 points on your license

· Suspension of your license

The penalties for a second offense DWI are:

· Maximum one year in jail

· $500 fine

· 8 points on your license

· Suspension of your license

Driving Under the Influence

If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:

· Maximum one year in jail

· $1,000 fine

· 12 points on your license

· 45 day suspension of your license

The penalties for a second offense DUI are:

· Maximum two years in jail, minimum five days if both convictions are within a five year period

· $2,000 fine

· 12 points on your license

· 90 day suspension of your license

Driving Under the Influence of a Controlled or Dangerous Substance

You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.

The penalties for a first offense are:

· Maximum one year in jail

· $1,000 fine

· Suspension of your license for up to a year

The penalties for a second offense are:

· Maximum three years in jail

· $3,000 fine

· Revocation of your license and referral to the medical advisory board

The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.

Keeping your License and Dealing with Insurance Issues

If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driver’s license. If you fail to request your hearing in this time period, your license will automatically be suspended.

A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.

It is important to consult an experienced DUI attorney immediately after you’ve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.

If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.

If you’ve ever thought about career transition, or have recently graduated from high school and would like to pursue fast-growing occupational fields, then ACI Career College can provide you with the skills and knowledge necessary to compete in the competitive job market today! Located in Modesto, California, ACI Career College promises to offer diverse career-training options in a number of disciplines including health information specialist, medical clinical assistant, therapeutic massage, or pharmacy technician, among others.

The 36-week diploma course in massage therapy at ACI Career College offers extensive training and education in massage history and theory, anatomy and physiology, massage law and ethics, client communications, medical terminology, Swedish massage, chair massage, complementary bodywork, myofascial release, spa techniques, CPR and first aid, in addition to other associated studies. The field of massage therapy is in high demand, and successful graduates have the potential to earn upwards of $30 hourly.* (Income potential varies depending on education, experience, and location.)

Another educational opportunity in which students can participate is ACI Career College’s three-quarter course (36 weeks) in becoming a health information specialist. Students enrolled in this academic program gain in-depth training and education in medical law and ethics, medical terminology, computer technology in relation to health care, medical insurance and medical billing/coding, clinical practice, and more. According to U.S. Bureau of Labor Statistics, job prospects for this particular occupation should be very positive. Successful candidates, who have completed all career training requirements have the potential to earn above $29,000 annually.

Like the idea of working in the medical industry but would like a faster educational route to getting your foot in the door? Becoming a medical or clinical assistant through ACI Career College’s medical clinical assistant program can land you in the job of your dreams. In addition to core classes in medical law, ethics, anatomy and physiology –students learn about subjects including medical insurance, pharmacology and medication administration, clinical setting procedures, medical assistant laboratory applications, and also take part in an externship. An experienced medical assistant can earn more than $36,000 yearly.

In addition to other comprehensive academic programs, ACI Career College provides career services to its students to help develop personal and professional skills, which include workshops in job lead strategies, resume writing, interviewing techniques, and more.

Don’t let another day pass you by when you could be on the road to career success and financial freedom — apply to ACI Career College and pursue your academic goals today.

*Occupational Resource: BLS (Bureau of Labor Statistics)

* Payment plans and financial aid available to those who qualify.

Featured School of the Week: ACI Career College

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Until as late as 1974, access to legal counsel was based on financial ability. In 1974, the Legal Services Corporation (LSC) was established to help fund access to legal help. Even with the advent of the LSC there are lot of people without affordable legal aid. This group consists predominantly of people of the lower income group, especially those people whose vocation puts them in risk of litigation.

One example would be the case of professional drivers, whose occupation depends on their commercial driver’s license (cdl), like truckers. These people in evidence of their low income cannot afford legal services in the event of a ticket. This has lead to the mushrooming of business lawyers related to trucking and the term cdl lawyer or truck attorney comes to mind.

Fortunately, with the development of the Internet, instant and free legal advice has become much more easier to obtain. Interactive websites of law firms provide online legal advice, thereby making the process hassle free as well.

One more example would be of people suffering from major trauma due to external agencies. These people having to spend fortunes on their medical bills can hardly even begin to think about legal service. In such cases the pro bono work done by some of the bigger law firms has to be mentioned. Of course in the present scenario there has been a leap in the growth of the so called “personal injury” attorneys who specialize in these sort of cases and most such lawyers charge only on successful litigation.

The other offices of professional legal aid are legal clinics and public defenders. Public defenders are state offered counsel in the event of criminal procedure brought against any person who cannot afford it otherwise. Legal clinics are organizations which provide hands-on experience to law students and thereby giving access to free legal advice to the public.

Even with so many organizations and law firms in legal aid, the scenario in the U.S leaves much to desire and one can only hope that the new ground broken in the health insurance sector would lead to similar growth in the legal sector. health insurance sector would lead to similar growth in the legal sector.