Playing Professional Responsibility Hardball With Federal Agency Lawyers

Government Agency lawyers live in a bubble. They’re protected by the same system of corruption, nepotism, waste, fraud and abuse that causes so much hardship to many Federal employees. As long as these lawyers tow the party line, their jobs are safe; they get nice pensions; and they don’t have to worry about much.

While not all Government lawyers act in this way, the temptation to do so is enormous. Following the Agency director, Special Agent in Charge or some other high ranking bureaucrat is generally a big key to most any Federal Agency position, so a lawyer’s should be no different.

However, there’s one authority greater than that bureaucrat. It sends shock waves through all Federal Agency lawyers and in the vast majority of cases, these people are shocked by a new system of authority, something completely foreign: The Bar. Even Bill Clinton lost his Arkansas law license because the Arkansas bar people didn’t care that he only committed perjury about sex.

The vast majority of bar complaints come from disgruntled clients who didn’t get a good result on the case, so they blame their lawyer. The average lawyer in private practice will get a few of these in his or her career. For this reason, private practice attorneys after a number of years in practice have well developed defensive systems to cover themselves against these complaints.

Agency lawyers don’t deal with this system and don’t have the first clue about it. As such, they aren’t generally up on Professional Responsibility rules. The fear of suspension or disbarment can be so great, that the Agency lawyer simply may not have the stomach for a bar complaint threat. There’s very little reward for the Agency lawyer to go through one of these bar messes if it can be avoided.

Consider these examples that Agency lawyers don’t have the first clue about, yet fully support their bureaucrat bosses:

1. A federal employee has an existing whistle blower claim. To tighten the screws, the Agency says at mediation that if the employee refuses to take its low ball offer, the Agency will terminate the employee for reasons it already knows to be untrue. It’s unethical for lawyers to defend claims that have no merit. Since the federal employee will be filing another Merit Systems Protection Board claim against his/her agency, the agency lawyer will be litigating a claim: a frivolous, legal and factual claim because his/her bureaucrat boss ordered him to do so. His/her state’s bar – doesn’t care about the bubble – that’s a violation.

2. A federal employee has an existing legal action for discrimination and he/she is represented by an attorney. The Agency lawyer executes an order from bureaucrat boss to send the Proposal to Remove letter directly to the employee, notwithstanding the employee is represented by counsel. In most state bars, that’s a violation because the lawyer communicated directly with someone who that lawyer knew was represented. The agency lawyer had a professional responsibility requirement to communicate with that person’s lawyer and didn’t. His/her state’s bar – doesn’t care about the bubble – that’s a violation.

3. Someone at the U.S. State Department orders a U.S. Attorney not to disclose emails from Hillary Clinton as part of a Freedom of Information Act lawsuit because they will her make her look bad. U.S. Attorney agrees. Federal Judge later finds out the U.S. Attorney was more loyal to the Clintons than to the Rules of Professional Responsibility that a lawyer must follow. That lawyer should get ready to become a lobbyist.

Here’s the bottom line: the bubble can’t protect the bad guys from everything.

Selecting a Mesothelioma Lawyer

If you have been diagnosed with mesothelioma and find yourself having made the decision to hire a mesothelioma lawyer, make sure that you take this decision very seriously. It is of great importance that you do your homework and seek out the best and most experienced mesothelioma lawyer and not just the one with the flashiest advertising.

It is very important to find a lawyer that has years of experience and positive jury verdicts for mesothelioma cases. When hiring a mesothelioma lawyer it is important to find someone who you can trust and who you feel has your best interest as their top priority.

Ignore the hype, the sales pitch, the glitzy offices, the fancy advertising, and the pressure to sign now; and go for the services of an experienced mesothelioma attorney when seeking counsel to handle your case. Litigating mesothelioma is difficult therefore, having an experienced attorney by your side is of utmost importance… with the key being on “experienced”.

When interviewing a mesothelioma lawyer it is important that you ask questions such as how many mesothelioma cases have they handled; again this speaks to the importance of finding an experienced attorney to work on your behalf.

You will also want to know how many mesothelioma cases the lawyer has settled and on the average how long did it take to settle the claim. If at all possible you will want to avoid a jury trial, simply in the interest of time and stress.

Mesothelioma is an aggressive cancer and one for which there is no known cure. Time is meant to be spent with your loved ones and not in a protracted court battle. An experienced mesothelioma lawyer can help to move the process forward in a concise and well thought out manner. When interviewing a mesothelioma lawyer, ask if they will pass your file onto another firm. The lawyer you interview may not even be the lawyer that ends up working on your case. Ask the questions and expect satisfactory answers!

Also ask how many attorneys will be working on your file and exactly how long have those attorneys been practicing law. Remember this is not the time for inexperience and you deserve to know who will be working on your lawsuit. You will also want to know if there have been any grievances filed against the mesothelioma lawyer you interview. Ethical and moral practices should be an expectation.

Another helpful question would be; what is the average compensation for a mesothelioma case that the lawyer has won?

Also, focusing on the less stressful route and the most expeditious route, remember to ask about the odds for settling outside of court versus having to go to court and attempting to win a jury verdict. Take the time to ask these simple questions in your initial meeting with the mesothelioma lawyer.

Don’t take short cuts.

Doing the hard work on the front end will make such a difference for you and your family. Another key piece of advice is to avoid making any final decisions and avoid signing any legal agreement based on the first meeting with a perspective mesothelioma lawyer. You should take a few days to think over the results of the interview and should always interview more than one attorney prior to making a decision.

Yes, time is of the essence and it is your responsibility to have your lawsuit handled by a lawyer who understands the complexity of asbestos claims. Experience really does count.

Asbestos claims are often very complex and proving the link between your illness and your exposure to asbestos can be quite difficult and often time consuming. The guidance of an experienced mesothelioma lawyer is critical to helping you and your family as you seek and receive financial compensation for being diagnosed with mesothelioma related to asbestos exposure.

Experienced attorneys in this field understand that each case is different and deserves individual attention, and will pursue your lawsuit with experience and knowledge of mesothelioma and the asbestos industry.

Top Three Tips To Find The Best DUI Lawyer

When you are involved in a drunken driving case, it is indeed a huge embarrassment for you and it results in loss of reputation as well, if you are a public figure. It is a huge dent to your confidence and goes down as one of the lowest moments in your life. If there is one element that can make this moment any better for you, it is the presence of a good DUI lawyer. When one is legally qualified and has enough experience in dealing with drunken driving cases before, he knows exactly how to bail you out of the situation you are in.

You should remember that you may not walk free when you hire a good attorney to fight your drunken driving case. Nevertheless, you could be rewarded with lower penalty charges or reduced jail sentence than that was offered to you before. Since this attorney plays an important role in your freedom, it is only natural that you should choose him properly. Here are five tips that will help you to choose the right legal partner to bail you out of your drunken driving case.

1. Local flavour

Always look for legal experts in your locality because these people will have a thorough knowledge of the local driving & drinking laws. Also, they could share a personal rapport with the judges or prosecution, and they might know to turn this goodwill into a reduced sentence for you. A local attorney knows exactly how the court functions and how it will pronounce judgements in a drunken driving case. Therefore, you must use an attorney who knows what he is doing and why he is doing so.

2. Great history

Before hiring a legal expert, do a background check on his representation history. Analyse the cases that he has presented and how many he won out of them. Also, check if he was involved in any controversial representations in the past that led to his disqualification from the bar. If yes, you should stay away from such people because they will only bring you more mess than the one that you are already in.

3. References

Choose an attorney who is ready to provide you references from his past clients and success stories. It speaks volumes about the confidence of a lawyer when he gives details of his past cases and clients to you. Check with these clients to understand the expert’s style of working, his winning rate, fee structure, availability, team strength and about his other skills. When an attorney hesitates or refuses to give details about references, it is a clear indication for you to reject this person.

These are some of the basic tips that you need to follow to hire one of the best attorneys to represent your drunken driving case. Apart from these, you should give consideration to factors like user reviews, the flexibility of timings, qualification and additional certifications of lawyers, personal discussions and recommendations from friends & colleague to choose the best possible option to represent your case successfully.

Use a Lawyer for Your Will and Estate Planning!

Estate planning, writing a Will, passing on property when you die – these can be a minefield of unintended consequences, especially if you don’t see a lawyer. In this article, let’s explore but a few examples of the many things that can go wrong.

One common mistake is putting property into joint names with an adult child so that it automatically passes to the child when you die and “saves” you attorney fees. This idea has many pitfalls. If the child dies before you, you’re back to square one. Perhaps not a problem if you have time to fix that, but what if you’re in an accident together and you never get a chance to change things? Or what if you just never get around to it? Now your heirs will have to probate your assets, which will cost them far more than it would have cost for you to see an estate planning attorney.

Creditors are also a consideration. Did you know that your child’s creditors could use your property to collect on the child’s debts? If your child is on title, the child is an owner. Creditors can lien real estate for collection of a judgment. They can garnish bank accounts. When that happens, it’s up to you to try to undo it. Proving something is really all yours, recovering funds, releasing a frozen bank account, or removing a lien can be very difficult and does not always work. It usually requires help from a lawyer – costing more than you would have spent on an estate planning attorney.

Another popular idea is to leave everything to one adult child because that child “knows what you want to do with it” and will divvy things up when you pass on. This can take many forms, including joint title, naming just the one child in a self-made Will, or simply telling that child what you want without discussing it with anyone else or taking any formal steps. What could possibly go wrong? Plenty! For one thing, as with the prior example, the child could die before you or at the same time as you. You’re also putting your child in a difficult position if there is any dissension at all between your children. You may not think that your little darlings would behave that way, but money and grief do strange things to people – tempers flare, siblings don’t get along, and sometimes the child who was supposed to divide the property decides to keep everything instead. Stories of feuding among children abound, ultimately costing expensive legal fees and leaving behind broken relationships. Even if you’re certain this won’t happen to you (famous last words), consider the other extreme: Will your child feel so guilt-ridden or self-effacing that your child gives everything to the siblings and keeps nothing?

Writing your own Will or Trust can also spell trouble. If you fail to follow required formalities, the document will be invalid. If there is anything ambiguous in what you wrote, a court will decide what you meant. That is expensive and like rolling a dice. If you think it’s easy to be clear, think again. Take the case of the man whose Will directed that his daughter receive a large monetary gift if she survived him by 30 days, and that his second wife receive everything else. Daughter died on day 28. Who gets her share? The Will said wife gets everything “else.” The Will did not say what to do if daughter did not survive. Does the second wife get it or does it go to the man’s children from his prior marriage? Where do you think those children think it should go? A court will probably have to get involved and this is going to cost a whole lot more than having a lawyer write the Will!

You shouldn’t try to be your own lawyer any more than you would try to be your own dentist or surgeon. As the saying goes, “You get what you pay for.” If you think do-it-yourself estate planning software is the answer, you should read the evaluation conducted by Consumer Reports.

Stay Optimistic About Your DUI Case by Getting the Right DUI Lawyer

Legal problems are always things that are not easy to face and costs money. If you have been arrested on a DUI charge, most people will tell you that you do not need a lawyer, especially if it is your first offense. I beg to differ. If you waive your right to a lawyer and the judge on your case is harsh about DUIs, you might find yourself serving jail time when this could have easily been avoided. Even if your sentence is only 6 months jail, it still is jail. That is why you need to get a lawyer regardless of your charge and condition.

When faced with DUI charges, you will already be spending a lot of money of paying fines and the impound cost of your vehicle. Therefore, it is important to hire a lawyer that you can afford. However, remember that you get what you pay for so your life after this point on will depend on your lawyer. Make sure you try to get a good lawyer. You cannot pay a low price and expect a great lawyer, it is not logical. You will need to know that when you are arrested for a DUI, your driving license will get revoked. Your lawyer will have to defend you in court and at the DMV. You can lose your driving privileges anywhere from 6 months to permanently. Unless you have no issues with taking public transport where ever you go, then this might not be a problem. But if you have to drive everywhere, this is not going to help you at all. Hiring a lawyer will help you to get back your driving privileges. You might be suspended for a while, but if you have a good lawyer, he can get your license back in no time.

Hiring the right lawyer will make sure that you will not need to spend anytime in jail. Depending on the charges brought against you, you might have to go to jail. You would have known this when you were arrested. The problem with going to jail is that you cannot go to work, and when you can’t work, you can’t pay your bills. When you get out of jail, you would have a lot of bills to pay and you will find it hard to get work as you would be considered an ex criminal. Having a criminal record is not something that will get you a good job. Having a good lawyer might enable you to pay a hefty fine or perform community service instead of going to jail.

Basically, due to this one judgment error of yours, you will be paying the consequences forever. If you are lucky, you are the only one who pays the consequences. It would be even worse if other people were injured because of your recklessness. The best thing you can do to save your future is to get the best lawyer you can to represent your case. Then you will need to be a more responsible person and never drive under the influence regardless the reason.

What Is A Business Litigation Lawyer?

In one of his most famous and tautological quotes, President Warring G. Harding once observed that, “The business of America is business.” He was right. No nation on earth has a stronger commitment to free enterprise than the United States. According to the Small Business Administration (SBA), there are nearly 30 million small companies in the U.S., which represents over 99 percent of all employer firms.

Although it is invariably the corporations that make headlines when accused of wrongdoing, most business-related lawsuits are filed against small companies since there are so many of them. This specialized area of practice is called business litigation in the legal profession. Lawsuits that involve malpractice, contract law, and class action suits are the most common types of these cases.

Who To Call

Even though the law is supposed to be blind, companies of all sizes are often cast as villains when accused of wrongdoing. Whether the case is about food poisoning or a defective airbag, a firm must work fast to defend the company’s good name. Failure to do so will almost inevitably result in a deluge of bad press, which will almost certainly hurt the bottom line.

In any civil case, the complainant is the accuser, while the litigant is the accused, hence the term “business litigation.” These accusers could be anyone, including a current or former employee, customer, client, or former partner. The most sophisticated cases litigation lawyers handle are class action suits.

A lawyer that specializes in class action lawsuits must defend his client against a group of complainants that may include hundreds or even thousands of people. The outcome of these cases can alter the fortunes of any company, no matter how large they might be. The Master Tobacco Settlement, for example, was settled in 1998 for $206 billion over 25 years!

What To Expect

Whether of the class action, contract, or malpractice variety, most of these cases are settled before they ever get to court. There are many reasons for this. First and most obviously, members of the firm that may or may not be responsible for any wrongdoing do not want their name tarnished in the press. As a result, they are often willing to settle cases they may not have been responsible for simply because it is cheaper and easier than going to trial. With that said, a good business litigation lawyer must be a skilled mediator, since that is often how these cases are resolved.

Mediation Vs. Arbitration

As a general rule, attorneys must negotiate in either arbitration or mediation hearings. The only difference between the two processes is that arbitration involves a legal judgment that is determined by an arbitration board, while mediation is simply an open negotiation between the two opposing sides.

Settlements that are made in mediation often involve disputes where the complainant believes that they were unlawfully terminated. Because wrongful termination cases are so common, they seldom make the papers or the news, which is why they are often settled for a reasonable sum before they ever get to a judge.

In any of the aforementioned situations, an experienced business lawyer may mean the difference between a crippling lawsuit and a legal victory.

How Can an Immigration Lawyer Help You?

You may have heard the term immigration lawyer and although you may possess a general idea of what such a lawyer does, you may not know exactly what the job entails. An immigration lawyer is someone who is schooled in the various laws pertaining to immigration. An immigration lawyer is a legal representative that is completely familiarized with the way that immigration laws operate and can help people that want to become citizens to do so.

An immigration lawyer directory can help you find the kind of lawyer you are looking for. In some instances, you can search for a lawyer by state. You may be able to find such a lawyer in the directory of a telephone book, but you will have a far better chance of locating such an attorney through the use of various Internet search engines. Becoming a citizen is not necessarily an easy process and there is a lot of red tape and documentation one must get through before you can become a citizen of a country. Conversely, with the assistance of an attorney the process becomes a bit easier because you will have a skilled legal professional working on your behalf to help you become a citizen.

To become a citizen of the United States you will need to understand what is required of you. A lawyer will be familiar with the Naturalization Act of 1906, Sec 4 which indicates that an immigrant can only become a citizen after fulfilling certain legal obligations. There are certain time requirements, documents, and oaths that are required before one can become a citizen and a lawyer can help you identify your responsibilities and can advise you how to go about fulfilling them. Moreover, an immigration lawyer can assist you in such a way that you do not encounter any problems or difficulties with the laws of the country.

Although you do not necessarily need a lawyer to become a citizen, it certainly can’t hurt. If you are lacking in the understanding of various immigration laws, a lawyer can assist you with such difficulties and clarify your situation for you. When you have questions you may want somewhere to turn for answers and someone possessing an understanding of the law may be particularly helpful in questions pertaining to immigration. Moreover, the complicated application process can be made an easier task when you have a competent and reputable lawyer to assist you with filling out your required applications for a student visa, visa, and/or citizenship.

If you are really serious about becoming a citizen, you may feel far more comfortable with a legal representative on your side working on your behalf. Without a lawyer to assist you, any immigration dilemmas that arise may prove to be frustrating. Ultimately, the more serious you are about being a citizen, the more seriously you will consider your options. Keep an open mind about your options and consider hiring a competent lawyer to assist you in your citizenship endeavors.

How Much Does a Bankruptcy Lawyer Cost?

You have found yourself in a pile of bills and aren't sure what to do. You are behind on your mortgage, your car payment, and you have creditors calling you day and night. You feel overwhelmed and are on the verge of breaking. You actually feel like you might lose your house to foreclosure. Does this sound like you?

If you are more than 60 days behind on a majority of your bills and see no relief in sight and no way to catch up, it might be time to contact a bankruptcy lawyer.

What a Bankruptcy Lawyer can do for you:

Filing for bankruptcy is a complicated matter, a lot harder than most people think. There are many forms and documents that must be filled out, a lot of data to collect, and knowledge of when to file what. Just getting all the right forms for your specific case is no small feat. That is where a Bankruptcy Lawyer can help.

They are experts at this and know how to properly handle your specific case and when to file all the correct documents. They can anticipate any problems and handle them appropriately when they arise, and trust me, they DO arise. They also can help you on the path to financial recovery and give you invaluable advice on how to begin repairing your credit. Ultimately, your goal should be to get out of debt, and STAY out of debt by learning how to manage your finances and not spend beyond your means. Your bankruptcy attorney can point you in the right direction for these very valuable classes and counseling services.

Costs of Filing Bankruptcy:

Effective November 12, 2012, the fees collected at the time of filing chapter 7 bankruptcy is $ 306 and the fees collected for chapter 13 is $ 281. This does not cover any lawyer costs, this is specifically the cost of filing with the court.

For the cost of hiring a lawyer, there is a wide range of prices. The average cost for hiring a lawyer is $ 950- $ 2000 for chapter 7 and $ 3500- $ 5000 for chapter 13.

Overall, if you need help and fear you might lose your house, your car, or your paychecks might get garnished, the cost of losing those things far outweighs the cost of hiring a bankruptcy lawyer. It's always worth it in my opinion to seek the assistance of an expert when it comes to something as important as your financial future and your family's well-being.

What Does a Civil Lawyer Do?

A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal injury laws, probate laws, real estate laws, tax laws, etc. Civil law is a branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. A civil lawyer not only represents the client in a legal proceeding but also provides legal advice to the client in civil transactions.

Civil law encompasses all law that is not criminal law. Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. Civil lawyers handle lawsuits that involve individuals, businesses, and even the government.

Civil lawyers will generally choose one or more areas of law to specialize in. If you need assistance with tax laws, you should go to a civil lawyer who specializes in tax laws. If you have been injured in an accident and you want to file a law suit seeking damages, you will need the services of a civil lawyer specializing in personal injury lawsuits. If you are filing for divorce or seeking custody of your child, a civil lawyer specializing in family law will be able to help you out.

A lawyer can also help you if you are running a business by giving you timely advice that can save you from costly civil law litigation. A civil lawyer specializing in business laws can advise you on the regulations your business needs to comply and the licenses required by your business. He can even help you obtain the licenses. Laws regulating the functioning of corporations are complex. There are civil lawyers who specialize in corporate laws. In a real estate transaction, a lawyer specializing in real estate laws can make sure that the transaction is being conducted in the proper way, the necessary documents are properly executed and the sale proceeds properly paid out and accounted for at closing.

There are no special qualifications for becoming a civil lawyer. Like all lawyers, they must have a JD degree from an American Bar Association accredited law school and must have cleared the state bar exam. Before a lawyer can practice in a state, he must pass the state bar exam.

A Real Friend For Hard Times Is A Personal Injury Lawyer

Future is unpredictable; we do not know what is going to happen at the next step, it may be an accident or any other personal injury that can affect life. In a situation where crisis is a personal injury you need someone who can make you feel better and can pave the way to instant recovery of loss. Through a rough patch of personal injury you can not even expect supporting hand from your family members as they are also affected by the physical and emotional trauma. A personal injury lawyer New York can be your best companion in your hard days which not only helps you to get justice but also acts as a friend at the time of crisis.

Hiring a Personal injury lawyer New York is a wise decision but only if the choice is also wise. Confidence in your personal injury lawyer is also important that is why it is must to consider the previous track record of the lawyer. Good track record of a lawyer helps to develop faith in your lawyer as you see the long list of cases handled successfully by him. It gives you great relief when you find a personal injury lawyer New York with excellent track record in similar cases like you. It is better to search for a personal injury lawyer New York who has expertise in fighting cases that are similar to your situation. His expertise definitely helps you even when another party has wealth and political might.

Injury that is caused by any other entity either it is an individual or a corporation has right to claim recovery or fine for it. In the fight of claiming penalty for injuries you need a personal injury lawyer New York at every step of your case right from filing the case to winning. The overall legal process demands a through study and research over the case within a very limited period of time so your personal injury lawyer should have expertise to recognize the weak and strong aspects of the case at a glance. Personal injury lawyer New York provides you the excellent approach to turn your annoyance in to satisfaction of getting justice. Personal injury lawyer New York gives you a feeling of refuge and potential to fight against injustice and strengthens your voice to speak in front of the individual or corporation that caused the injury.

A personal lawyer New York is one whom you can trust but it doesn’t mean that there is no need to check out terms and conditions. It is must to know the terms and conditions before hiring any personal injury lawyer. A personal injury lawyer New York charges the reasonable amount and informs you about cost criteria so that you will not have to pay any extra or hidden cost but still it is advisable to do a little market research before making any decision. The personal injury lawyer New York that you hire can be your biggest support when you and your family need someone who can remove the husk of anguish from your lives.