Category: Law

July 27th, 2017 by lawadmin

These issues come up mostly while talking with those who have gone through conflicts in their families during property division process in any of their estate settlements. In most of the cases there are references to the input from one of the members of family “once removed”, and not necessarily the ones who are the so called immediate heirs. These other people who are usually spouses or grandchildren don’t always have the similar emotional connection when compared to the ones who are immediate heirs. In most of the cases this may be unintentionally done. But, when children or spouses have things they want and they make demands, they often end up creating situations that finally result into conflicts.

Here are 3 ways that can help in avoiding such conflicts.

  • Understanding the Personality of other Heirs: It is very important that you try and understand what kind of people the other heirs who are also involved in the settlement issue are. Analyse their basic traits and find out the way to communicate with these heirs. This approach often resolves most complications even before they arise and clears off lot of misunderstandings. Personality difference is often the main cause behind a conflict concerning settlements. It will become more and more difficult to avoid conflict or maintain peace without understanding the differences.

  • Keep the Home Untouched before Formal Division: It is very important that you don’t claim your right on something that logically belongs to other heirs. It can also mess with their emotional sentiments and can further complicate the case for you. This is why it is important that the house remains untouched or undisturbed till a legal division is announced. An in-depth scrutiny of the property is important before there is any legal division and you can contribute to the process by not disturbing anything. Without the consent of other beneficiaries or heirs if you remove items from an estate or a home it is very much possible that the issue will get complicated. Very often we see people making this mistake of just going into a property and picking what they want without any consent with the concerned people and such actions are often justified by them through some facts or instances of the past. That being said, legally it will only complicate the case.

  • Only Beneficiaries or Immediate Heirs should be Part of the Property Division: Property division is a sensitive case and hence it should not be made a mass trial. Only immediate heirs or beneficiaries should become part of the process and other outside influences like children of heirs, grandchildren, in-laws, spouses etc should be kept away from the process. This is particularly more important at the beginning of the division process.

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June 7th, 2017 by lawadmin

Dog may surely be one of the favorite pet animals of most human beings, but when it goes frenzy, the things indeed get really nasty. Dog bites and brutal assaults by dog have been reported to be cause of death of about 20 individual on an annual basis.

There are several states in U.S. like Ohio and Georgia, which have stringent laws in case of dog bites, and one can claim for good compensations in case of dog injuries. Therefore, it is advisable to consult an experienced dog bite/injury lawyer in Ohio/Georgia. Before, you do anything else you must always file a case at the local Police office, and secure a copy of the report to claim for it in the court of law.

Ohio dog bite lawyers may review your case personally, or provide consultation online, before actually filing a case of dog bite/injury. More often than not, out of case settlements work out well, while on several occasions a legal lawsuit turns out to be the only viable option for settlement.

As per the law terms in Ohio, any dog above who is 3 months or older, is bound to be licensed annually, and failing to do so invites good penalties, whenever a case of dog bite, injury or assault is registered against that particular dog. Moreover, despite everything, both the owner of the dog, as well as the current caretaker of the dog at the time of accident, are held responsible for the mishap and are liable to pay the fine.

Remember, it’s not just about claiming money, if you don’t fight for justice today then the chances are high that the same dog may hurt others in future too. So, it is always a good idea to report such cases of injuries caused by any dog in your locality, to avoid trouble in future.

It is a well known fact that dog bites can turn out to be quite brutal, and the damage caused may be very severe. However, it wasn’t your fault yet you’re suffering such a painful fate. So, you have every reason to fight for your rights in the court of law, and claim for all the expenses incurred in the treatment of the injury.

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April 26th, 2017 by lawadmin

Sure thing it sounds weird, but it’s definitely worth a thought to run a free background check to find out criminals amongst those with whom you spend the holidays.

It sometimes just happens that a deadly criminal like someone with a violent history, convicted of sex offences, drug abuse or other criminal records, may not be easily spotted by the near and dear ones. However, unfortunately such individuals have a bad tendency to repeat the same crimes, and the mere thought of offering such a fate at the hands of a close relative, friend or acquaintance seems to be scary one.

But, it is quite tough to actually discover such a culprit directly, and the chances are extremely low that you’ll ever discover such a person in your family on your own, nevertheless several law firms in US provide free background checks to help the cause.

Therefore, it is always a good idea to run free background checks on your co-workers, neighbours, servants as well as day-care providers, so as to ensure that you stay away from any possible source of uninvited trouble in your life.

With the help of criminal records search, one can easily bring out all the past criminal records of a person, be it simple drug abuse, DUI charges, criminal charges, felony, or even a simple travel ticket, which might have been a result of over-speeding at restricted areas.

You can never ever change the tendency of a person, who has been involved in criminal activities in past, so it’s not worth risking your safety. However, on the other hand, these free criminal record checks don’t necessarily turn out to be too accurate all the time. Maintaining criminal databases is an extremely tedious task and it takes more than ordinary to keep them up-to-date. Hence, it may not be always a good idea to rely upon such free sources of information. Many law firms in U.S, especially in Texas, San Antonio and Dallas, carry out extensive background criminal record check on a person at low costs. Thus, you can actually carry out these checks on particular individuals, whom you feel fishy about.

Above all, always remember, a few bucks are not worth your safety, and well-being, so you’re never going to lose anything on running such criminal record checks whenever you feel there could be something wrong with an individual amongst your relatives, family members or friends.

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April 17th, 2017 by lawadmin

Several spouses who wish to get a divorce are so desperate for direction and guidance that they commit the silly mistake of hiring the first lawyer they get to meet. If you happen to neglect interviewing him or her properly, things can worsen for you and the process of divorce may turn even more complicated than it actually is. This is why it’s necessary to hire the right divorce lawyer. Before hiring one, don’t forget to ask them the below questions and based on their answers you can take a final call.

What’s Your Experience with Handling Divorce Cases?

You cannot find any better substitute for the lawyer’s experience. It’s very beneficial to know the local laws, opposing lawyers, and judges and this comes only with actual trial experience and not just education or knowledge. Find out how many such cases they have handled. Experienced ones like Jean-Faustin Badimboli avocat divorce can handle such family law related cases with ease.

Will There Be Anyone Else Working on My Case?

Generally, efficient attorneys will have a team to help with their cases. This is good, though it’s crucial that you stay aware of who will be working on your specific case. You might also have to talk to the specific lawyer to find out how efficient he or she is.

How Long Will My Case Take?

The lawyer might not be able to give you any exact date for this query, but well experience attorneys generally give fairly approximate timeframe depending on their past case experiences. The actual time depends on the cooperativeness aspect of each side in addition to complexity of the particular case. If you are also having an issue with custody or property problems, it can take more than one year.

What the Estimated Divorce Cost?

Most lawyers will resist answering such a query directly since the divorce cost depends to a great extent on the conflict level in your specific case. Though, the way in which they answer this query can help you assess them. An honest lawyer will say that it’s not easy to estimate the related costs beforehand. A lawyer who gives an estimate of unrealistically low cost may only be trying to win business.

These questions can help you find a specialist divorce lawyer who is also efficient. If there’s any other question that’s specific to your case, don’t forget to ask them before hiring the lawyer.

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April 12th, 2017 by lawadmin

In most of the cases, people don’t really bother to understand the difference between State criminal cases and Federal criminal cases. Although, both are cases of criminal offenses, but the legal proceedings vary considerably, depending upon the categorization of the case.

The major difference lies in the understanding of your lawyer about the state laws, as a federal attorney may not be well versed with the local laws and vice versa. Sure thing, if you’re innocent, you will be innocent whether it is under the federal laws or the local state laws, yet your lawyer must have the necessary knowledge about the concerned laws.

For instance, if you are facing drug abuse charges, it falls under federal cases, while DUI charges are counted under state cases. Therefore, getting a bail for the drug charges may not be as easy as in case of DUI charges, hence you’ll essentially require the services of a federal attorney, who can act upon quickly to get your out of jail as soon as possible.

Sometimes, it has been even noticed that the inexperienced local lawyers are unaware of the basic fact that those who are accused of federal drug charges must be presented before a United States Magistrate, in order to get them bailed out.

Therefore, there are countless technical differences between federal charges as well as the state cases, though there’s no difference in procedure of appeal or plea in either case. Yet, lack of experience in the concerned area may adversely affect the case, and lawyers possessing good experience in relevant cases, will only be able to help you out to perfection.

Although, somebody who’s actually guilty of the alleged charges will be sentenced the relevant punishment, whether it be under local laws or the federal laws, at times the local lawyers seem to lack the required expertise to back-up the case against a federal lawyer, and you may end up getting penalized more than how much you should really have been.

So, you must understand the difference between Federal charges and state charges, and select an appropriate attorney to represent your case in the court of law, rather than blindly selecting a lawyer to just fight your case for a low fees.

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March 22nd, 2017 by lawadmin

An attorney is always the most important person, who plays a crucial role in determining the outcome of a lawsuit, but at times when the relationship with client don’t turn out to be healthy, there’s a need to terminate attorney-client relationships.

It could happen from either side, although it is not legally acceptable that an attorney simply backs-out as he/she realises that it’s not possible to represent the client’s case effectively. A lawyer is bound to undertake only those cases, which they’re confident of representing in the court of law, without further problems.

However, the attorney is cent percent free to withdraw from the case, if they feel that they’re being forced to assist the client to save him/her illegally from criminal charges, or assisting them in any fraudulent cases knowingly.

Moreover, it is also possible that the client may fire the lawyer, and in such cases, the client is not at all bound to continue with the same lawyer, though the applicable fees as per the contract must be paid for. On the other hand, it is rather difficult for the attorney to withdraw from a case so easily, as the client reserves the right to hold the withdrawal until the court of law declares that there are no pending motions to withdraw.

As a matter of fact, the client always has better margin to hold the lawyer as a hostage in the case even for few weeks, until a legal clearance is issued from the court, clearing stating that there are no more pending motions to withdraw, and that the withdrawal of the lawyer will not adversely affect the case in any form.

There may be countless reasons for an attorney to withdraw from a case, such as irregular payments, bad conduct from client and other similar problems, while the client may also be disappointed with the performance of the lawyer, or fed up with their busy schedule and hence opt to fire them.

Lastly, before you plan to fire your attorney, think of the consequences, and consult another capable attorney, and make sure that you don’t land yourself in trouble as a result of this withdrawal. The same applies in case your attorney wants to back-out, and you must not release them until you find a good substitute to represent your case in the lawsuit.

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