Archive for the ‘Lawyers’ Category

An attorney, often referred to as a lawyer, is a professional who has been trained in the law. They provide advice and representation to individuals, businesses or government agencies on legal issues or disputes. The role of an attorney is comprehensive and multifaceted, encompassing a wide variety of roles and responsibilities. These can vary considerably depending upon whom the attorney serves and the specific area of law in which the attorney practices.

In essence, the cornerstone of an attorney’s work is to help clients resolve their legal problems. This often involves several steps such as understanding the client’s needs, researching the law relevant to the client’s situation, creating legal documents, providing a range of legal advice, and representing the client in court and in negotiations with the opposing party or parties. The attorney additionally observes a strict code of ethics and has a fiduciary duty to act in the best interests of the client.

The practice areas of an attorney can vary significantly, extending from private and business matters to public legal issues. Some attorneys might specialize in criminal law, representing individuals accused of crimes, while others might focus on family law, dealing with matters such as divorce and child custody. Yet other attorneys might focus on property matters, such as real estate transactions or property disputing issues. A good example is a building dispute lawyer Brisbane who is specialized in dealing with legal issues related to building disputes in Brisbane, Australia. This attorney helps clients handle construction contract disagreements, delays in construction, disputes over payments, and such. They interpret and apply the law about building and construction to assist their clients.

Typically, before an individual can become an attorney, they must complete a set of rigorous educational and licensing requirements. This usually includes a bachelor’s degree, followed by three years of law school, and then passing the bar examination in the jurisdiction in which they intend to practice.

The attorney’s role involves not only representing their clients in legal proceedings but also serving as a legal advisor. They inform their clients of their legal rights and responsibilities and suggest particular courses of action in business and personal matters. They interpret laws, rulings, and regulations for individuals and businesses, prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds, among many others.

Working as an attorney is often demanding and stressful. Deadlines, client demands, long hours, and ever-changing laws make for a high-stress career. However, assisting clients in winning a legal battle or protecting their rights can also be rewarding.

In conclusion, an attorney plays a crucial role in upholding justice and ensuring fairness in the legal system. They serve as advocates and advisors to their clients, helping them navigate the often complex world of laws and regulations. Their skills and knowledge are integral to protecting the rights of individuals, businesses, and the public.

Personal injury lawyers are legal professionals who specialize in helping individuals who have been injured physically or psychologically as a result of negligence by another person, a company, government agency, or an entity. These lawyers practice in an area known as tort law, which deals with civil or private injuries or wrongs. The main objective is to make the injured party whole again and discourage others from committing similar offenses.

Personal injury lawyers help their clients secure compensation for losses incurred. These losses include the loss of capacity to earn, inability to perform normal duties, suffering, and pain. They also cover expenses that may arise, the legal costs, attorney fees, emotional distress, loss of companionship, medical expenses, and attorney fees. The attorney will protect your rights throughout the legal process. They handle cases from inception through appeal and perform important tasks similar to the roles of most litigators.

Working with a personal injury attorney is essential to navigate through the often complex realm of personal injury litigation. They kick-start the process by investigating claims and screening potential clients to evaluate the merits of their cases. Like most dispute lawyers, personal injury lawyers examine the possible outcomes of cases through the application of their extensive working knowledge of personal injury law.

Yes, just as dispute lawyers Brisbane can guide corporations through intricate legal business disputes, personal injury lawyers handle your injury claim, enabling you to focus on healing. Personal injury lawyers have a deep understanding of medical terminology, diagnosis, and treatment associated with various types of injuries. They identify who may be responsible for your injuries and can cut through red tape to gather relevant evidence and pursue a claim against all liable parties.

Besides, a personal injury attorney can help you with either settling your claim outside of court or filing a personal injury lawsuit to pursue compensation in court if need be. Out-of-court settlements are common where the liability seems clear, and you and the negligent party agree on a compensation amount. But in case of dispute on the fault or disagreement on the compensation amount, filing a personal injury lawsuit allows a jury or judge to decide.

Representing yourself in such situations might be a bit of a challenge, especially with complications that come with the legal jargon. This is where personal injury lawyers come to play, offering professional representation and ensuring that you get fair compensation. Personal injury lawyers operate on a contingency fee basis, meaning they only get paid if they win or settle your case. Therefore, they are financially motivated to win your case and earn their payment. Also, they are incentivized to get you the highest amount of compensation possible.

Personal injury law is complex and specific, needing an expert who knows how to navigate different cases. Just like one would seek professionals like dispute lawyers in Brisbane for business legal tassles, similarly engaging a personal injury lawyer for injury claims is vital. You’d want someone with the experience and knowledge to secure the appropriate compensation for you. By having someone well-versed in how the law works, you will be able to build a strong case for your claim.

In conclusion, personal injury lawyers play a crucial role in ensuring justice is served and appropriate compensation is given to individuals who suffer injuries due to another individual’s or entity’s negligence. These dedicated lawyers handle all legal disputes relating to your injury claim, offering professional guidance and representation similar to what one would expect from dispute lawyers Brisbane in business or corporate law situations.

By Elizabeth Allen

Below is a quick checklist of some do’s and don’ts of child restraint and safety seat installation.

Do’s for Baby

Do read and follow the instructions that come with your child safety seat. Also carefully review the vehicle owners manual. It will contain important information regarding the installation of child safety restraints in your make and model vehicle.

Do dress the baby in pants or loose clothing so that his or her legs are free. Otherwise, it will be difficult to secure the crotch harness strap. Place blankets and other coverings over the baby only after you have fastened all baby seat buckles and have tightened all harness straps.

Do ensure the baby sits in a semi-reclined position in the safety seat. This helps babys breathing. Ordinarily, you can adjust the base of the seat for this purpose. If you cant adjust your babys safety seat, try putting a rolled towel under the front end of the babys seat where the motor vehicles seat and seat back join. Be warned. This is a delicate adjustment. Your baby could be ejected from the seat in the event of an accident or sudden stop if you tip the seat too far backwards.

Do take time to ensure the harness straps fit snugly and lie flat on the babys shoulders, not on his arms. In an accident or near accident, a baby can be thrown out of his seat if the harness is loose.

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Do use the lowest harness slot for a newborn and make sure the straps in the slots rest at or below the babys shoulders.

Do check the location of the plastic harness retainer clip. Position it at the level of the babys armpits so the harness straps will fall properly across the shoulders.

Do make sure the vehicle’s seat belt is properly attached to the child safety seat and holds it securely and snugly in place inside your vehicle, if your vehicle does not have a LATCH child safety seat installation system. Under these circumstances, you should thread the vehicles seat belt through a convertible child seats seat belt path or slots designed to hold the belt. These slots are usually located in a lower position than the slots used to secure older toddlers.

Don’ts for Baby

Dont place thick padding under or behind a baby. He wont be as tightly restrained as he should be to travel safely. If you need to support a baby, fill any empty spaces around his head and shoulders with rolled baby blankets. Rolled cloth diapers or small blankets can be placed between the babys legs and behind the crotch strap.

Dont use a seat with a padded overhead shield/bar that drops down in front of baby. You may think the shield/bar is an extra safety feature. In actuality, it can injure your child if your babys head or body strikes the shield/bar during a crash or sudden stop.

Dos for Toddlers and Pre-schoolers 1 to 4 years old:

Do read and follow the instructions enclosed with your child safety seat. In addition, read your vehicle owners manual. It should contain important information regarding the installation of child safety restraints in your make and model vehicle.

Do keep your child in a full harness as long as you can beyond age 4. The harness protects his upper body and keeps him secure in his seat.

Do use the appropriate (usually the top-most) slots for the harness straps when your child is at least one year old, weighs over 20 pounds, and starts riding in the forward facing position in a convertible seat. Comply with the manufacturers instructions about placement of the harness straps.

Do check the placement of the harness retainer clips. They should be at armpit level.

Do make sure the vehicle’s seat belt is properly attached to the child safety seat, if the vehicle does not have a LATCH child safety seat installation system. When using a seat belt, you must thread the vehicles seat belt through a convertible child seat’s correct seat belt path or slot. This may be a different slot from the one you used when your child was a baby and his convertible seat faced backwards.

About the Author: Allen and Allen are experienced Virginia

personal injury lawyers

and

car accident attorneys

. They can be found online at: allenandallen.com.

Source:

isnare.com

Permanent Link:

isnare.com/?aid=320623&ca=Family+Concerns

By Dimitris Stacosta

File-sharing programs are probably the most controversial way to download and burn free music on the Internet, but file sharing has never been more popular. Programs like KaZaA, Limewire, Ares, Shareaza, WinMX and iMesh seem to be the most popular for gathering totally free music to download. Lawsuits by the music business have slowed some of the illegal sharing of pirated music, but there are new file-sharing programs that use methods to allow users to be anonymous.

Such file-sharing programs are also called P2P, or peer-to-peer programs. Unlike the old Napster network that ran all exchanges through a central server, this entirely free music download software, using P2P networks connects users directly to each other allowing them to download and burn free music.

It should be mentioned that file-sharing programs are not illegal in themselves, and their creators like to emphasize their many legitimate uses. Some unsigned bands use the file-sharing networks to distribute their music through free music downloads and several organizations use them to exchange documents.

Lots of people are confused about what is legal.

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* Are there actually places to download and burn free music on the internet?

* Can downloading music put you at risk for legal action?

* Is file-sharing legal?

It’s no wonder people are confused when we all know that the Net is full of legal music download sites advertised as “napster replacements” which are 100% legal. Sites like Mp3 Advance, DownloadShield and MP3 Music Subscription are just a few that offer a lot more than just music downloads. The vast majority of totally free music download programs shared on P2P (peer-to-peer) networks like KaZaA, Limewire, Ares, Shareaza, WinMX and iMesh seem to violate copyright laws because the music was posted without permission of the artist or label.

Since it’s almost impossible to determine which free music downloads may be legitimate, the only certain way to stay legal is to avoid these type file-sharing programs altogether.

Unauthorized copying of commercial music is clearly illegal These totally free music downloads usually means songs that are made from CD’s and then placed on the internet by individuals who haven’t sought permission from the artist or music company.

What do copyright laws allow, actually? To put it simply but clear, you may make a copy of your own CD for your personal use. That means you may record it to a cassette tape or transfer it to MP3 files. You may not, however, give the copy you made to another person. Many people think that if no money is involved, then no law has been broken. This is not right. It doesn’t matter whether you give the copy away or sell it, this is still a violation of copyright law.

About the Author: Dimitris Stacosta is a writer and internet publisher who likes to publish reviews of free music download reviews and related issues. Read more at the website 1000-free-music-downloads.com

Source: isnare.com

Permanent Link: isnare.com/?aid=120004&ca=Legal

Massachusetts Driving Influence Breathalyzer Mandatory Calibration Lawyers Attorneys

by

Atchuthan Sriskandarajah

KEVIN A. MORRIS v. COMMONWEALTH

Supreme Judicial Court of Massachusetts, Suffolk

FACTS:

Defendant appealed an order of a Suffolk District Court (Massachusetts), which, under Mass. Gen. Laws ch. 90, 24N (1990), upon the basis of a breathalyzer test, suspended his driver’s license for 90 days for driving while under the influence of

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alcohol and speeding

. Defendant alleged that the Commonwealth had not complied with the requirements of the periodic testing program for breathalyzer machines under Mass. Gen. Laws ch. 90, 24K (1990).

ISSUES:

The issue here is whether delegation of authority to do the testing to the police by the by secretary is proper.

DISCUSSION:

Prior to the admission of a breathalyzer result, the

Commonwealth of Massachusetts

must prove the existence of, and compliance with, the requirements of a periodic testing program, in accordance with Mass. Gen. Laws ch. 90, 24K, and regulations promulgated thereunder. The guidelines for the periodic testing program provide, among other things, that the police shall be responsible for testing breathalyzers, and that each mandatory calibration of a breathalyzer prior to its use shall be deemed to be a test of such device. Mass. Regs. Code tit. 501, 2.41 (amended February 13, 1992). Mass. Regs. Code tit. 501, 2.41 (amended February 13, 1992) provides, in part, that: Every calibration standard analysis of a breath testing device, as conducted under 2.56, shall be deemed to be a test of such device. The officer in charge, as defined in 2.54, will change the simulator solution in accordance. The defendant argues that the Secretary has no authority to delegate responsibility for the periodic testing of breathalyzers to the police. A regulation is invalid if it conflicts with the authorizing statute. In this case, however, 2.41 is not in conflict with, but consistent with the enabling statute and the other applicable regulation. In requiring the police to conduct the periodic testing, the amended 501 Code Mass. Regs. 2.41 reasonably satisfies the legislative goal of ensuring the accuracy of the tests. The regulation recognizes that it is simply not possible for OAT representatives personally to conduct the mandated calibration standard analysis on each occasion on which a breathalyzer reading is taken in Massachusetts.

JUDGMENT:

The court affirmed the trial court’s suspension of the driver’s license.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland,

Massachusetts

, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

Article Source:

ArticleRich.com