Law and Legal News

Lawyer Advice - How To Find And Seek Legal Advice From A Lawyer

2009-06-03T01:27:00.001-07:00

Posted by Justin Koh on: 2005-08-22 00:29:21

With the explosion of the internet, finding the lawyer that you need for your case just seem to be the next natural thing to do since the internet is the leading source of information. Not only that, the Internet also provides the necessary information that you need about the lawyers to engage the right person to take on the case. By doing a search in the search engine, you will get listing of lawyers in which you can narrow down your searches to those in your area.

As the legal system is a complex system, it is better to find a lawyer to represent you even though you can be spending a lot of money to seek legal advice from a lawyer. In fact, it may actually turn up to be a good investment that can save you a lot of time, money and effort.

As every lawyer specializes in different field of the law, it is very important to find the right lawyer who has the expertise and experience to efficiently represent a client in regards to the legal problem. This is especially important when you need good legal advice to protect your financial interests, comply with government rules and regulation for your business or keeping your properties from fraudulent individuals.

Thus, if you really need legal advice from a lawyer, you should approach the lawyer early as they would need time to prepare and analyze your case. You will find that things will be much clearer to you after talking to the lawyer and you will have a better perspective of the situation. You would also have a better idea of the decision that you may undertook and the kind of consequences that came along if you took that course of action.

When engaging a lawyer, do also consider the various factors that determine your lawyer's fee as you wouldn't want to have a leave a 'dent' in your bank account. Some of the common factors that affect lawyer's fees would include advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location.

Communicate with the lawyer and agree upon the type of payment that suits your paying capabilities before you commence with any legal proceedings. By doing so, will ensure that you will have a smooth relationship with your lawyer towards the success of your case.

About the Author

Justin Koh is a freelance writer whose articles have appear in most major ezines. You can find more of these at: http://www.lawyerscenter.info

You have permission to publish this article electronically or in print, free of charge, as long as the bylines are included. A courtesy copy of your publication would be appreciated.

Understanding The Texas Lemon Law

2009-06-03T01:26:00.000-07:00

Posted by Terry Dunn on: 2005-09-19 20:18:12

Contrary to what its name suggests, the Texas Lemon Law is not a legislation that deals with the buying and selling of fruits or rule against its bright color.

It does not even come close.

Rather it involves the right of American consumers, who buy vehicles, used or brand new, cars or trucks, to return defective products and ask for a refund.

Along with the Magnuson-Moss Warranty Act and the Uniform Commercial Code, the Texas Lemon Law or Lemon Law in general protects the rights of American citizens to quality products that would give them value for their money.

In general, the Lemon Law requires car manufacturers and not car dealers to refund the money a consumer has paid for if a car is found to be a “lemon.” The definition of a “lemon car” is of course different with every state depending on what the state legislation says. Usually, states differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer.

The Texas Lemon Law, for one, allows for four repair attempts or 30 days out of service for defects that are not so life-threatening. For serious product defects that pose a serious safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only two repair attempts. If after the stated number of repair attempts, the defects have not been fixed, then a car will considered a “lemon” and therefore eligible for refund. The repair attempts under the Texas Lemon Law should of course happen within a period of two years or 24,000 miles whichever comes first for the four attempts. A period of one year or 12,000 miles is given to defects that affect the safety of the car.

Similar to other state laws, the Texas Lemon Law also requires consumers to have their cars fixed in authorized service centers and to make no unauthorized modification or alterations in the car. This is done to avoid questions that will be raised by manufacturer as they are accorded the right to investigate and challenge the claim. If the defect has been found to be caused by neglect, abuse and alterations not sanctioned by the manufacturer then no refunds will be given.

Consumers, under the Texas Lemon Law, are also asked to put their complaint into writing, stating the defects of the car. This is especially needed if it is stated in the vehicle’s manual. Supporting documents should be kept in hand such as receipt of the purchase, which would state when the car was bought, repair receipts as well as diagnosis of the problem.

In addition to refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay for incidental costs that the consumer has incurred due to the defect in question such as towing services and even rental of car while the “lemon” is still in the repair shop. Refunds will also not be given in full. Under the Texas Lemon Law, the purchase price will be lessened by the equivalent amount of the mileage that the owner has used the car.

While most companies have good arbitration programs which they use to cut down legal costs just in case the complaint goes to court, there are some car manufacturers who will remain firm that the defect was not there when you bought the car. If this happens, complainants are encouraged to seek legal counsel. About The Author: Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Tougher Bankruptcy Laws Take Effect October 2005

2009-06-03T01:25:00.002-07:00

Posted by James Dimmitt on: 2005-09-12 16:36:02

In just a few short weeks, President Bush’s Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period.

Here’s a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect -

Qualifying - Chapter 7 or Chapter 13?

To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors.

The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased.

The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years - to ensure your creditors get paid.

Credit Counseling

Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours.

To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office.

The Cost Factor

Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%.

Why Were the Laws Changed?

The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws - and in their favor, according to many consumer protection groups.

© 2005, http://www.yourfreecreditreportnow.comAbout The Author: James is editor of "TO YOUR CREDIT", a free weekly newsletter with tips to help you manage your personal finances. Subscribe today and receive his ebook “IDENTITY THEFT- How To Avoid Becoming the Next Victim!” and other free bonuses by visiting http://www.yourfreecreditreportnow.com.

The Law Offices Of Chalik And Chalik Announce New Website

2009-06-03T01:25:00.001-07:00

Posted by Sara Goldstein on: 2005-09-04 02:54:06

Miami, Florida personal injury attorneys, Debi and Jason Chalik recently released Chalik & Chalik’s brand-new website located at http://www.chaliklaw.com. The website features attorney profiles detailing both Chaliks’ background and expertise. It also includes each of the types of personal injury cases that they provide in the Miami & Ft. Lauderdale, Florida area. The practice areas include auto & truck accidents, motorcycle accidents, drunk driver accidents, injuries to children, premises liability (slip and fall), medical malpractice, nursing home abuse, wrongful death, product liability, pharmaceuticals, dog bites and work related claims.

Debi Chalik, who obtained her undergraduate degree from York University in Toronto, Canada, and graduated Magna Cum Laude, prides herself on helping injured victims obtain the compensation they deserve from big businesses and insurance companies. Jason Chalik, who attended The University of Florida College of Law, immediately passed the Florida Bar Exam after graduation and began practicing in the field of personal injury law at The Law offices of Rosen & Monaldi. With their new website, they will be able to reach out to a larger spectrum of injured people in the Miami, Fort Lauderdale areas and throughout South Florida. The website also provides general legal resources for people just needing more information about personal injury law.

About the Author

For more information regarding personal injury lawyers in Ft. Lauderdale and Miami, Florida, please click here.

The Importance Of Laws On Public Transportation

2009-06-03T01:23:00.000-07:00

Posted by Jinky C. Mesias on: 2005-08-22 00:29:32

Aside from private car accidents there are also a great number of related public transportation accidents. The Federal Government is the one regulating the common carriers that transport passengers and cargo across the entire state. Nevertheless, each separate state has its own regulated public transportation system all within its state’s lines. But in general it’s the Federal Government that controls the interstate transportation while the individual states are to manage the intrastate transportation.

Just what are common carriers? Common carrier is the term given to refer to one who make known to the public that his business involves the transporting of persons or cargo from one point to another within or outside the state in return for compensation and also the services rendered are available to the public. Some of the common carriers available are buses, trains, ferries and airplanes. Nevertheless, there are some exceptions especially when it comes to certain types of airplanes as well as some vessels that are included in the private charter transportation.

The importance of knowing whether a transportation service is a common carrier or not is for the implementation of specific common carrier regulations in various states. The common carrier regulations are usually applied to equipment requirements, licensing, transportation procedures, fare and rates and others that are related to the operation of the common carrier. The set regulations are provided to benefit not only the common carrier industry but more so the general public. Common carriers are required to follow strictly the regulations and standards impose in their respective states.

For accidents relating to common carriers, the Federal Government has created various regulations as to the degree of the liability that common carriers have to its passengers who are injured while making use of the common carrier services. In case of common carrier accidents individual State law applies in determining the extent of personal injuries which a common carrier may be liable. However, a great number of states follow the general rule that common carriers are liable for personal injuries sustained by its passengers. This law is based on the premise that a common carrier must and should employ the highest level of care, diligence as well as vigilance when transporting passengers to their appointed destinations. The common carrier is also expected to maintain necessary equipment coupled with a reasonable degree of skill in order to accomplish the safe transportation of passengers.

And depending on the governing state law, there are some state regulations that do not necessarily obligate a common carrier to be completely responsible for the safety of its passengers but requires that the common carrier should show a high degree of care to its passengers. But still the general rule applies that a common carrier would be held responsible for injuries sustained by its passengers in cases wherein accident would have been avoided if only the carrier had used care and diligence in transporting their passengers.

For comments and suggestions about the article kindly visit Vehicle Accident Attorney Services

About the Author

Jinky C. Mesias is a graduate of Bachelor of Science in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.