What Is Maritime Law?

Legal AssistantMaritime Law, Personal Injury Law, Resources Leave a Comment

International rules, governing the use of the seas and oceans, are known as Maritime Laws or the Law of the Sea.

This area of law deals with a variety of factual scenarios. For instance, industrial accidents that result in the damage of vessels and cargo, seamen injuries, and hazardous chemical spills are all dealt with by maritime law.

There are several basic tenants relatedto Maritime law, especially for the seamen and the sea, including:

  1. The right for a rescuer to be able to claim a Marine Salvage award for returning property that was lost at sea
  2. The ability for a seaman who is waiting for wages and creditors to have a Maritime Lien against a ship as a security interest to make sure that they are eventually paid.
  3. Ship owners must provide realistic care to ship passengers. If any passenger is injured, a suit can be brought against a shipowner – just like if they were injured on land.
  4. The advantage of cure and maintenance, which makes it, so that ship owners have to care for injured crew members in service to the ship. Maintenance requires ship owners to provide their crew with basic living expenses until they can go back to work. Cure requires ship owners to provide their crew with free medical care – even if the care ends up being permanent or long-term until the injured seamen reach a state of maximum medical cure.

All of that this means is that this part of law governs over how people do business and interact on the open waters of the world. When talking about maritime law, there is a need to discuss the Jones Act.

The Jones Act

The Jones Act is a law made by the federal government that controls maritime trade in the United States. This act makes it so that goods that are shipped between US ports need to be transported on ships that are operated, owned, and built by citizens of the United States or permanent residents.

The Jones Act also gives sailors additional rights, including the ability to seek damages from the shipowner, the captain, or the crew in case of injury. This act, while important, increases the shipping cost to Puerto Rico, Alaska, and Hawaii, along with other non-continental US lands that rely on imports by limiting the number of ships that can legally deliver goods.

Maritime Lawyers

You might be asking yourself why you should hire a maritime lawyer in Houston, and there are several reasons that a maritime lawyer would be beneficial in the case of an injury.

If you’re not ready to start litigation, you might want to consider consulting with a maritime lawyer to talk about your claim regardless. In many cases, your company may ask you to sign a release to receive payments for unearned income, medical benefits, and maintenance, or an agreement. It’s important to have all of these documents looked overby a maritime injury lawyer before you sign anything to ensure that you aren’t waiving your rights to recovery.

The most important reason that you should hire a maritime lawyer is thatinsurance companies and your employer will have teams of lawyers representing them. Their ultimate goal is to take care of your claim as cheaply as possible.

It is always a good idea to have an attorney representing your interests that can stand up to your employer and the insurance company.You are new to this process; your employer, their insurance company, and their attorneys deal with these types of cases regularly.

When Should I Use a Maritime Lawyer?

Below is a list of common reasons that you might need a maritime lawyer:

  1. You crash into another boat
  2. Someone else crashes into your boat
  3. You hit a dock with your boat
  4. Someone else’s boat runs into your dock
  5. Your ship spills waste or other pollution into the water
  6. You are injured, or someone else is injured in a crash on the open water

An attorney can help you figure out if maritime law applies to your case. Your legal issue might not be under maritime law jurisdiction, but it depends on where it happened and how it affected commercial activities on the water.

How Much Do Maritime Lawyers Cost?

Maritime lawyers usually charge an hourly fee for their services. Others charge on a contingency basis, meaning they will take some portion of your winnings if you have a strong enough case with a good chance of winning. Establishing a rate with your lawyer up front is a great idea, especially since the rates will vary depending on where you live or how complex your case is.

Benefits of a Maritime Lawyer

An experienced lawyer in maritime law can review the facts of your case and decide on your best legal options. They will do this by examining:

  1. Your worker status at the time of the injury
  2. The seaworthiness of the ship you were working on
  3. The timeframe for bringing a claim
  4. All other factors that might have contributed to your injury

Another major benefit of hiring a maritime lawyer is that they know how to handle offshore companies. If you were to go about this alone, you might feel like there is no hope. After all, you’re just one person, and your company’s an established corporation that knows how to handle maritime injuries. Therefore, there isn’t any reason why you shouldn’t have aggressive representation as well.

Choosing the Right Maritime Lawyer in Houston

Maritime law is complex, even though these laws are designed to protect the rights and livelihood of maritime workers who become ill or injured, they can be difficult to navigate and are often full of roadblocks.

This is why it’s critical to seek representation from a maritime lawyer. When choosing a maritime injury lawyer, you should inquire about the number of cases that they have represented – you want to find someone with a great success rate. Don’t let a lawyer avoid any of the questions you may have; you have to select someone prepared to give you honest and straightforward answers.

why the roundup lawsuit is a big deal

Why the Roundup Lawsuit Is a Big Deal

Legal AssistantMass Torts, Personal Injury Law Leave a Comment

Big corporations don’t like losing lawsuits because it sets a bad precedent for future suits. Even though technically every lawsuit is tried and judged on its own merits, there is always that lingering cloud that since the company was found culpable in a similar suit, there is a good chance that they are culpable in all other suits that bare the same merits.

That is one of the main reasons why the Roundup lawsuit is a big deal.

About Roundup Herbicide

There have been several cases brought against Monsanto in regard to their Roundup weed killer line of products. Monsanto, a well-known agribusiness giant that was bought by the German giant “Bayer” in June 2018, is facing thousands of lawsuits nationwide. The plaintiffs claim that the Roundup weed killer, or at least one of its ingredients, caused their cancer.

Monsanto, now Bayer AG, produces a glyphosate-based weed killer known as Roundup while the weed killer itself is by all standards effective when it comes to killing weeds, the ingredient used in making it known as glyphosate has been determined to be a bit more dangerous to human beings as well.

In 2015, the IARC (International Agency for Research on Cancer), which is a part of the WHO (World Health Organization), classified glyphosate as a possible human carcinogen.

It is virtually impossible to pinpoint a single cause of anyone’s cancer which makes it difficult to logically blame Bayer for the glyphosate cancer. It would cause any reasonable juror to pause and wonder why more than a thousand people are suing the company for their disease.

The cornerstone of these roundup lawsuits is the fact that there are a series of internal Monsanto documents implying that the company knew the glyphosate in their Roundup weed killer was dangerous to human beings as a possible carcinogen but used it anyway.

Roundup Cancer Lawsuit Settlements

So far, these Roundup cancer lawsuit settlements have come thick and fast and to the tune of tens of millions of dollars. Granted, there are over a thousand lawsuits still in the courts over the same issue; there is a good chance that these will not be the last of the Roundup cancer lawsuit settlements to hit the news.

Edwin Hardeman Roundup Cancer Lawsuit Settlement

In California, a 70-year-old man named Edwin Hardeman sued Monsanto claiming that their Roundup weed killer caused his non-Hodgkin’s lymphoma. The man claimed that he had used Roundup weed killer to control poison oak and weeds on his property for over 26 years. He learned that he had cancer in 2015 and holds Monsanto accountable for not including a warning label on the product saying that it could cause cancer.

A six-person jury awarded Mr Hardeman $80 million in damages. A Roundup verdict which Bayer said it would appeal.

Dewayne Johnson Roundup Cancer Lawsuit Settlement

In yet another lawsuit against Monsanto, a San Francisco jury saw it fit to award Dewayne Johnson $289 million in his case against Roundup weed killer. Dewayne Johnson, much like Edwin Hardeman, claims that he got non-Hodgkin’s lymphoma from using Roundup weed killer.

Mr Johnson is a groundskeeper who has been using the weed killer for a number of years now until he learned that the glyphosate in the herbicide could cause cancer in humans and that he has cancer thanks to that fact.

The San Francisco jury awarded Mr Johnson $39 million in compensatory damages and another $250 million in punitive damages.

Why These Roundup Cancer Lawsuit Settlements are a Big Deal

These settlements are going into the range of millions of dollars andare a big problem for the company Bayer who now owns Monsanto- who in turn produce the Roundup herbicide. What’s an even bigger problem is the fact that jurors are finding it fit to award punitive damages in addition to compensatory damages in these cases.

The thousands of legal claims brought against Roundup qualify as torts – a case that a private party brings against another seeking legal compensation for perceived harm. Tort cases require the plaintiff to prove that the defendant directly caused them harm in one way or another.

Compensatory damages are often awarded if the defendant is found guilty of causing the plaintiff harm. Punitive damages, on the other hand, are awarded when the jury decides that the defendant knowingly caused the plaintiff harm.

For example,say you bought a new car and its brakes failed, thus causing you some kind of injury that resulted in hefty hospital bills, discomfort and loss of income for a while. You can sue the manufacturer of the vehicle for the faulty brakes, and if found guilty, they will be forced to pay you compensatory damages.

However, should it be discovered during the course of the investigations that the manufacturer knew that the brakes were faulty but sold you the car anyway without warning you, they will be forced to pay punitive damages as well.

That is exactly the problem with these Roundup cancer lawsuit settlements. Thanks to the fact that the IARC (International Agency for Research on Cancer) classified glyphosate as a carcinogen in 2015 and that there were internal Monsanto documents implying that the company knew this and still sold the product to the public without a warning label means that they are implicitly responsible for causing Mr Johnson and Mr Hardeman’s cancers.

It also means that all the other pending cases have a firm footing on which to bring a solid argument against Bayer.

Yes, the company can appeal all these cases and tie up the proceedings in court for a number of years, but with each passing moment, Roundup weed killer gets bad press and so does the company.

Not only could they be liable for millions of dollars paid out to thousands of plaintiffs who have a solid case against the company, but they will also lose a huge chunk of their market due to the bad press.

Couple that with the fact that the company now needs to come up with a new weed killer and you have a host of problems that any board of directors would want to avoid at all costs.

do i need a tax attorney or cpa

Do I Need a Tax Attorney or CPA?

Legal AssistantBusiness Law, Tax Law Leave a Comment

Tax season is a difficult season for some businesses and individuals. This can be because it’s the first year that you’ve had to file difficult taxes (i.e., trusts) or because you’ve let tax payments add up – no matter what the situation is, there is help.

Two of the most common options are a tax attorney or a Certified Public Accountant (CPA). Knowing which professional is best for you depends on your unique goals and needs, as well as your tax status with the Internal Revenue Service (IRS).

Tax debt isn’t a small matter, so hiring the right professional for your tax needs is essential to make sure that you don’t fall behind with tax payments and filing.

Trump Tax Plan & How it Affects Your Taxes

Trump Tax Plan & How it Affects Your Taxes

December 22, 2017, President Trump signed the Tax Cuts and Jobs Act. This act cuts individual income tax rates, eliminates personal exemptions, and doubles the standard deduction.

The 2019 tax brackets have changed a lot since this act went into action. For instance, if you were in the 33- to 35-percent tax bracket in 2017, you’re now being taxed at 35 percent. Other tax brackets were changed, but we won’t get into that.

As a result, more people are being subjected to the highest federal tax bracket than they would have under the old method. By 2025, 8.9 percent of taxpayers will be paying more than they would’ve if the Trump tax plan hadn’t happened.

With all of these changes, it makes sense that you would be considering hiring a tax attorney or CPA to help you figure out the new tax laws and rules. However, how do you know which one is best for your situation and needs? In the next section, we’ll go over what each professional does and when you might need to hire them.

Tax Attorney

Tax attorneys understand the IRS tax code inside and out. They can provide guidance and advice on complex legal issues, especially in the area of business tax law, estate planning, trusts, and tax disputes. Tax attorneys are great negotiators who can analyze case facts in terms of the law and build arguments around the desired outcome.

There are a few tax attorneys who can even help prepare tax returns for a fee; however, they aren’t accountants and aren’t involved in filing taxes for the IRS very often. Tax attorneys don’t hold the same knowledge of an accountant when it comes down to maximizing your deductions and planning for the future.

There are several reasons why you might need a tax attorney, including:

  • You’re starting a business and require legal counsel to figure out the tax treatment and structure of your company
  • You’re working internationally in business, and you require help with the tax treatment, contracts, and other legal matters
  • You want to bring a lawsuit against the IRS
  • You’re under criminal investigation by the IRS
  • You need the protection of attorney-client privilege because you committed a tax crime

Certified Public Accountants (CPA)

CPAs are educated in maintaining financial and business records. They are also able to help prepare your tax returns, ensure that you follow the tax code, and correct or file your tax returns. They are also able to represent you in front of the IRS. CPAs can provide financial planning and are a great resource for those seeking comprehensive tax plan to help with professional and personal financial issues.

CPAs know how to abide by federal tax laws while maximizing your tax benefits and minimizing your tax liability. Typically, you want to hire a CPA if you have much money coming in and out because you can benefit more during the tax season.

There are several reasons why you might need a CPA, including:

  • You have complicated tax situations (i.e., you own a business)
  • You want to develop a long-term relationship with a tax professional
  • You want help figuring out a long-term tax plan
  • You are seeking monthly and annual accounting services
  • You want someone who has training specifically for taxes to do your returns

Do I Need a Tax Attorney or CPA?

Are you still unsure if you should work withtax attorneys or a CPA? If so, consider your tax situation.

Are you having to wade through complex business or personal taxes and want to find a way to minimize your tax liability? If so, then you should hire a CPA.

Are you in trouble with the IRS, dealing with a tax controversy matter, or receiving debt collection notices? If so, then you should hire a tax attorney.

If you need a tax attorney, don’t hire a CPA in their place – you’ll only end up in more trouble with the IRS, and could ultimately cost you more than what a tax attorney would originally cost you.

Another area that tax attorneys are helpful in is tax planning because they can minimize your tax liability over the years by structuring your assets.

However, if you only require help with tax preparation and aren’t in any trouble with the IRS, you should consider hiring a CPA instead.

Intervention vs. Prevention

Both tax attorneys and CPAs can help you with financial decisions, lowering tax penalties, and tax planning. CPAs have more experience on the financials of tax prep, but attorneys can give legal advice if you are facing adversity or other issues.

If you are searching for someone to represent you in a tax defense case, you should go with an attorney. They are also able to help you work through cases involving major tax debts or other complex issues. This is because attorneys have gone through more training in dispute resolution than a CPA.

If you still aren’t sure if you should hire a CPA or a tax attorney, you can easily contact one of these professionals in your area to find out more information about what they could do for you.

Birth Injuries and the Law

Birth Injuries and the Law

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Having a baby is a life-changing experience, but when the birth doesn’t go as planned, serious injuries can occur. Some of these injuries can affect your baby for the rest of their lives which is why it’s important to determine if anyone is at fault.

Birth injuries happen for a lot of reasons, but if you suspect your infant was hurt due to negligence by a medical professional, that party deserves to be held responsible. Although the process can be long and difficult, the possible financial benefits involved in a birth injury case can provide the resources needed to care for your injured child through adulthood if necessary.

Birth injury law is complicated for new parents to navigate because most people never imagine that it’s something they’ll have to face. Parents of victims have a lot of questions as they try to wrap their head around what’s to come. Let’s take a look at some of the key things to know about birth injuries, a birth injury claim, and the law.

What Birth-Related Injuries Can Be Caused by Medical Negligence?

Though these conditions aren’t always due to negligence or malpractice, here are some of the most common birth injuries that birth injury lawyers focus on:

  • Bell’s Palsy
  • Bone fractures
  • Brain damage
  • Caput succedaneum
  • Cephalohematoma
  • Cerebral Palsy
  • Erb’s Palsy
  • Facial paralysis
  • Fetal lacerations
  • Horner’s Syndrome
  • Injuries from delivery
  • Klumpke’s Palsy
  • Oxygen deprivation
  • Perinatal asphyxia
  • Persistent Pulmonary Hypertension of the Newborn
  • Shoulder dystocia
  • Spinal cord injuries
  • Torticollis
  • Wrongful death

Birth Injuries and the Law

If you’re considering filing a lawsuit because of a birth injury, there are a few things you should know that can make the process a lot more bearable.

Choosing a Birth Injury Lawyer

For this type of lawsuit, it’s very important to choose a lawyer who has a proven track record of experience. These cases are extremely difficult, and a general personal injury lawyer won’t have the expertise needed to prove the case.

There are also birth injury lawyers that focus on a specific area, like brain injuries or wrongful death lawsuits. Lawyers with a lot of experience in a certain field are likely to get a higher settlement for their clients because they have the knowledge needed to tackle the case.

How Does a Birth Injury Lawsuit Unfold?

The first thing any birth injury lawyer does is determine whether or not you have a case. Some birth injuries are not due to medical negligence and just a result of something that happens before, during, or after labor and delivery for which no one is at fault.

The lawyer starts by going over the details of your case by examining all medical records thoroughly. If the lawyer thinks you have a case, they’ll pursue it further by collecting additional evidence, interviewing witnesses, consulting with expert witnesses, and exploring any other documents they can find.

Do Cases for Birth Injuries Go to Trial?

A trial is a very emotional experience for parents who have already been through so much. Unfortunately, they can’t always be avoided.

Most attorneys will propose a settlement at some point in the pre-litigation phase, but there is no guarantee that the defendant will settle. Both parties have to agree to a settlement and, if nothing can be worked out, the case moves to litigation.

Birth injury cases are usually dealt with in civil court. Your lawyer will formally file a complaint at which time the defense is given time to respond. The discovery phase also starts at this time which allows the defendant to see all of the evidence collected against them.

It’s not uncommon for a defendant to decide to settle during the discovery phase. In a solidly built case, the defendant often sees all the evidence against them and decides that a settlement would be easier than fighting a case in court.

If the defendant decides to proceed, the case goes to trial. If the proceedings don’t go well for them, they can still offer a settlement up until the last days of the trial.

How Can I Find Birth Injury Lawyers Near Me?

It’s not surprising that most people turn to the internet to find a birth injury lawyer. Not only can you find someone close by, but you can also read client testimonials and reviews, learn about their areas of expertise, and check their background information.

Finding someone who is qualified is one thing, but it’s also important that you have a good working relationship with a birth injury lawyer. This process is very difficult. Not only are you navigating the stress of the lawsuit but you’re also coping with the mental and emotional stress of having a newborn baby with an injury or worse. Choose an attorney that you feel comfortable talking and asking questions to.

Are Birth Injury Lawyers Expensive?

It’s impossible to tell how much injury lawyers will charge. It often depends on their experience and specialty. That said, most birth injury attorneys work on a contingency fee. That means they only get paid if you win your case.

There are a lot of positive things about working with a lawyer who is willing to work on a contingency basis. First, it proves that they have the financial resources to cover the costs upfront which indicates that they’ve been successful with lawsuits in the past. Second, most people don’t have the resources to pay for this type of lawyer upfront.

Injury attorneys understand this and take a percentage of your settlement as payment. Finally, it gives the impression that the lawyer is working as hard as possible on the case. They don’t get paid unless they win which is a huge motivation.

Resolutions

Birth injury lawsuits can be very time consuming and physically, emotionally, and mentally draining. Remember, the new parents are not only fighting a legal battle, but they’re also caring for a newborn with a birth injury which is a job in and of itself.

That’s why it’s so important to choose the right attorney. Choose someone that you know you can talk to and who you trust to fight for you and your baby.

How Do Lawyers Dismiss Traffic Tickets

How Do Lawyers Dismiss Traffic Tickets?

Legal AssistantCriminal Law Leave a Comment

For most people who get a traffic ticket, it’s little more than an annoying inconvenience. They curse their bad luck and pay the fine before moving on with their lives. Yet this can get more complicated if you already have a lot of traffic violations or other offenses on your record. What if you know for a fact that you didn’t do what you’re being accused of doing? Can you fight a traffic ticket as you would any other accusations?

Surprisingly, the answer is yes. You can fight traffic tickets in court. If you want the best chance at being successful, it’s a good idea to find a traffic ticket lawyer that can help. Because they know the law inside and out, you’re more likely to get a lesser fine or even have the ticket dismissed altogether.

How Do Traffic Ticket Lawyers Work?

While some may also work as a traffic accident lawyer, most lawyers who deal in traffic tickets devote all of their time to them. Because the cases are not as involved as criminal law, they move through their caseload quickly. Sometimes, they literally see hundreds of cases every day. Maybe you’re wondering, how much does a traffic lawyer cost? It varies from one firm to the next, but a lot of them offer a money-back guarantee if they don’t get the ticket removed from your record or the fine reduced.

How do lawyers dismiss traffic tickets? They know the technicalities behind traffic tickets. Every traffic violation has specific criteria that must be met. If something is missing, the ticket isn’t valid, and it gets dismissed. If the ticket was issued correctly, there’s a chance that a skilled lawyer can get the fine reduced or avoid points issued to the client’s driver’s license by plea bargaining.

Can You Fight a Traffic Ticket?

You might be wondering; how can I find traffic accident lawyers near me? Is it worth it? Most of the time, the answer is yes. Most people don’t realize that most traffic tickets are negotiable. No one advertises that, and the truth is that most people just pay their ticket without giving it a second thought.

While you might pay the fine to save yourself the time of having to go to traffic court, there is a big downside to accepting the ticket at face value. Signing and paying the ticket is an admission of guilt and counts against your record. This can have some long term consequences. Your car insurance rates can skyrocket, and you may even face the loss of your driver’s license if you have other violations on your driving record.

A lot of local governments depend on traffic ticket revenue. Some even use cameras at traffic lights to automatically catch people running red lights and to send them a ticket. As a result, more and more tickets are being given out every year. It’s an easy way for small governments to generate revenue. Plus, not many people are likely to complain about a rise in fines for traffic violations because no one believes it will actually affect them.

Do I Need a Traffic Lawyer?

Whether you’re looking for a traffic ticket lawyer in Houston, Boise, or Pittsburgh, there are plenty of them out there to help you. It’s always better to have a skilled, experienced attorney on your side than to go to traffic court alone.

There’s no guarantee that a traffic lawyer will be able to get you a different outcome, but you have a much better chance than going to court alone. Here are some reasons why hiring a traffic lawyer is a good idea.

  • They know the law better than you. Most people think that traffic law is pretty straightforward, but that’s not always the case. Traffic lawyers have in-depth knowledge of the law and know what to look for to make sure that any tickets were issued legally.
  • If your ticket isn’t dismissed, you may at least pay a lower fine. This is the main reason why it’s always a good idea to go to traffic court. If you have multiple offenses, some traffic tickets can cost a lot of money and really hurt your bank account. A lawyer can contest the fine or get the ticket dismissed altogether.
  • You may need evidence for court that you don’t have access to. If you’re accused of running a red light or ignoring a stop sign and you’re adamant that you never did, a recording from a traffic camera could clear you. The problem is you might not even know that the footage exists. A traffic lawyer not only knows where traffic cameras are set up but will also be able to get the footage pretty easily.
  • A traffic lawyer can negotiate a different punishment. If the court is unwilling to lower your fine or dismiss your ticket, a lawyer can often negotiate something for you to get you a better deal. One common trade-off is agreeing to go to traffic court for a lesser fine.

How Can I Find a Traffic Ticket Lawyer Near Me?

Believe it or not, traffic tickets fall under the purview of criminal law. So, a criminal defense attorney is the type of attorney you need to seek.

That being said, a seasoned criminal defense attorney will seldom take a simple traffic violation case. Quite frankly, lawyers don’t make a lot of money fighting traffic tickets, but ambitious, young criminal defense lawyers will generally take these types of cases.

You can find a list of traffic ticket lawyers in our lawyer directory.

Most cases are pretty straightforward. If you do have a more complicated case and an extensive driving record, spend a little more time talking to different lawyers until you find one that you’re comfortable with.

If you’re thinking about fighting a ticket for a traffic violation, it’s always worth the risk. Whether there was a technical problem with the process, or the issuing officer doesn’t show up in court, there’s always a chance that your fine or punishment will be lowered. At the same time, it’s highly unlikely that you’ll get a more severe punishment, so why not try?

How to Become a Lawyer

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Lawyers fight for their clients, whether they’re a medical malpractice lawyer or a tort lawyer. Lawyers are filled with the knowledge of the law and use their knowledge to fight for people who have been wronged and can’t fight for themselves.

So, you want to become a lawyer? Between the bond you build with clients to a stable salary, it’s no wonder you have ambitions to move forward into a career as a lawyer.

We’re not going to lie to you. It’s a difficult and long process to be able to fight in a courtroom. But the rewards of making it outweigh the long time spent in classrooms and lecture halls.

We hope this article helps you on your way to becoming a great lawyer. We’ll go over the education process and even different salaries for different types of lawyers.

The Steps to Becoming a Lawyer

Step # 1 Get Your Bachelor’s Degree

When you’re picking out what college you want to attend for your bachelor’s degree, you’re going to want to apply to schools that have a pre-law program. A pre-law program sets you on your path to becoming a lawyer and gives you a leg up.

To be clear, you’re not required to have a pre-law major to continue your education at a law school. It’s just highly recommended.

So, if you’re already in college with a different major and other degree programs, you can still set out to furthering your education in law.

Maintain a high GPA throughout these four years so you’ll look great on a law school application for admission.

Step # 2 Study, Study, Study!

By the time you hit your junior year into gaining your bachelor’s degree, you can take the Law School Admission Test (a.k.a. the LSATs). You can also take this test your senior year if you want extra time to study.

Be prepared before you take the test. Study, study, study. It’s your score on the LSATs and your GPA that’s going to make you stand out to an admissions officer.

The LSAT exam tests you on a variety of information, including reading comprehension and critical thinking.

Step # 3 Apply to Law School

Once you have your LSAT score, it’s time to apply to law school. Make a list of the top 5 law schools you’d love to attend and apply to every one of them.

Do your research before applying. You want a law school that’s accredited by the American Bar Association. You should also make sure that the schools you apply to let you study in the area of law you want to focus on.

Step # 4 Get Your Juris Degree

You’re going to have to spend some more time in a classroom but remember; all this hard work is worth all the studying.

You’ll be required to take several different law focused classes, so you have general knowledge in most areas. With your elective choices, you can take classes that pertain to practicing your law focus.

Keep your GPA up at all costs so you can earn your Juris Degree (JD) and have a shining resume when you head out to the workforce.

Step # 5 Take a Clerkship/Internship

After your first year in law school, it’s recommended to take on a clerkship at a law office. It’s not required, but you’ll thank yourself later on for the work experience.

Taking on a clerkship not only looks great on a resume but also gives you great experience in the intricacies of the law.

If you love the law firm you’re working for and they notice your hard work, you may even be offered a job once you pass your bar exam.

Step # 6 Pass the MPRE

The Multistate Professional Responsibility Examination (a.k.a. MPRE) is an exam you have to pass before taking your bar exam. Almost every state in the U.S. requires you to pass this exam.

The MPRE is an ethics exam that determines you know the difference between right and wrong, including what’s right for your client.

Step # 7 More Studying!

With your JD in hand, it’s time for your final step in pursuing a career in law. This is the hardest step of all. You need to pass the bar exam.

Passing the bar exam is not an easy task. It’s going to require that you spend most of your time studying. There are also great test preps to help you pass.

Different Types of Lawyers

The career possibilities in law are infinite. There are lawyers for anything you imagine. To help give you an idea for what type of law you should study, we’re going to go over the top types of lawyers.

  • Civil Rights Lawyer: A civil rights lawyer defends the human and constitutional rights of an individual. They defend clients in discrimination cases and much more. The yearly salary of a civil rights lawyer ranges from $45,000-$145,000.
  • Corporate Lawyer: A corporate lawyer works with businesses in contracts and protecting their rights. A corporate lawyer’s yearly salary ranges from $30,000-$100,000.
  • Contract Lawyer: A contract lawyer works in the area of contracts. There are several sub-types of contract lawyers based on what type of contracts they work in. A contract lawyer’s yearly salary ranges from $56,000-$171,000.
  • Criminal Lawyer: A criminal lawyer defends someone who’s being accused of a criminal offense. A criminal lawyer’s yearly salary that ranges from $49,000-$200,000.
  • Family Lawyer: A family lawyer ranges from covering divorces and custody battles to helping with adoption. A family lawyer’s yearly average salary is $70,000.
  • Patent Lawyer: A patent lawyer is a big sub-type of a contract lawyer. They deal in contracts regarding receiving patents for inventors. A patent lawyer’s yearly salary ranges from $76,000-$171,000.
  • Personal Injury Lawyer: A personal injury lawyer helps a client bring a lawsuit against a person or company that was negligent. This negligence resulted in a personal injury to someone. A personal injury lawyer’s yearly salary average is $73,000.
  • Tort Lawyer: A tort lawyer that defends the rights of someone who’s been civilly wronged by someone else. They work in civil courts. A tort lawyer’s yearly salary is at an average of $96,000.

Conclusion

The world needs more lawyers to protect the wronged. It’s a lucrative career, and there are many fields of law to choose from. Good luck on your path to becoming a lawyer!

Start-a-Business

How to Start a Business

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If you have a great idea for a business and you’re not sure where to start, you’re not alone. Coming up with an idea for a business is often the easy part. The forms, paperwork, and legalities involved can be pretty overwhelming. If you’re not sure where to begin, here are some of the fundamentals to consider when starting a business.

Steps to Starting a Business

If you’re wondering how to start a business, here are some of the basic steps you should take.

Market Research

Market research is the first thing you should do when starting a business. Gather information about the type of business you’re thinking about starting. Who are your potential customers? What is your biggest competition? How much startup funding do you need?

Create a Business Plan

Use the information gathered in your market research to put together a business plan. This is the foundation of your business, the road map you’ll use to get from the very beginning to where you want to go. It’s also important for getting people to invest in your business and convincing them to work with you.

Secure Funding and Find a Location

Next, you need to get funding. If you can’t fund yourself, there are a lot of ways to go about this. You can get a business loan or raise the money through fundraisers or crowdfunding websites.

After you cross funding off your starting a business checklist, you can move onto looking for a location for your business. Whether you’re looking for office space, a brick and mortar store, or you’re starting a business where all sales are done online, keep in mind that the choices you make affect not only your taxes but also expenses, revenue, and legal requirements.

Choose a Type of Ownership

There are several types of business ownership to consider, too. Here’s a quick overview of several different types of business entities.

  • Sole Proprietorship. This gives you complete control over your business and usually does not separate your own assets from those of the business. If you don’t register as any other type of business, you’re automatically considered a sole proprietor. They’re low-risk and a good way to get a business off the ground.
  • Partnership. This the easiest option for two or more people working together. There are two different types of partnerships, limited partnerships (LP) and Limited Liability Partnerships (LLP). Limited partnerships place unlimited liability on one partner who has control of most of the business while the other partners have limited liability and less control. The main partner usually acts almost as a sole proprietor, passing profits through personal tax returns and paying self-employment taxes. LLPs are similar only every partner has limited liability.
  • Limited Liability Company (LLC). This is a bit of a mix between a partnership and a corporation. They protect against personal liability in most cases meaning personal assets are safe if the company goes under. Profits and losses can go through personal income tax without being subject to corporate tax rates, but members of an LLC must pay self-employment taxes.
  • Corporation. There are a few different types of corporations. C corporations and S corporations are the most common.

C corporations are for a legal entity, separate from the owners of the business. They’re one of the best ways to protect owners against personal liability but there are a lot of costs, record keeping, and reporting involved. C corps pay taxes on profits and again when earnings are distributed to shareholders. Shareholders are seen as separate from the operation of the business.

Another option is an S corporation that’s specifically formed to avoid the double taxation on profits and shareholder earnings. Profits and some losses go through the owner’s personal income tax and aren’t subject to corporate taxes. S corps get their status through a filing with the IRS and some states treat them the same as C corps. There are limits, too. S corps can only have 100 shareholders, and they must be US citizens.

  • Non-profit Corporation. These businesses are formed to do work that benefits the public in areas like the arts, education, science, religion, and charity. Most receiver tax-exempt status and don’t pay taxes on any profit they make. It’s necessary to file with the IRS to get tax exemption, and organizational rules must be followed. Notably, there are specific rules about what they can do with their profits.

Choose a Name and Register Your Business

If you’re wondering how to register a business name, the process isn’t very complicated. It’s really just a matter of filling out the right forms. If you’re planning to operate as a sole proprietor or do business as yourself, you may not need to register at all.

In most cases, your business will need to be registered with local, state, and federal agencies. Most times, it’s as easy as getting a state ID number or a federal tax ID, but every state and locality is different. If you want to register a business in Texas, there are different requirements than if you’re trying to work out how to register a business name in Alaska. Make sure you also look into what licenses and permits you need.

If you want to trademark your brand, business, or product, additional paperwork from the federal Patent and Trademark Office is required. Also, if you’re starting a non-profit, you will need to file with the IRS to get tax-exempt status.

Business Insurance

You should also consider whether or not you need business insurance. There are several different types to choose from, but when you’re first starting, you should consider business liability insurance. This protects you in case of a lawsuit or a claim about injury or property damage. Business interruption insurance is something to consider, too, especially if you live in an area prone to natural disasters. It covers loss of income after a disaster and can help with rebuilding.

what is power of attorney

What Is Power of Attorney?

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Power of attorney is a legal document that designates another person to act for you in the event that you are unable to act for yourself. There are several types of power of attorney, and each can be used for different purposes.

Are There Different Types of Power of Attorney?

Choosing someone to be your power of attorney can be intimidating but learning about the different types is helpful in understanding what legal rights you’re giving your agent. Power of attorney isn’t always as all-encompassing as it seems. Here are a few different types of power of attorney to consider.

The designation of a power of attorney becomes invalid if the person becomes incapacitated or dies.

General Power of Attorney

A general power of attorney authorizes another person or representative to act on your behalf for things like business transactions, buying life insurance, or hiring professional help. It’s a useful tool if you travel a lot and are responsible for a lot of financial affairs and business decisions, but it’s also used by people who are physically or mentally incapacitated and need help managing their affairs.

A general power of attorney gives a lot of power to your agent, but one has one major limitation. It only stays in effect until you become incapacitated or in the event of your death. When either of those things occurs, the person with power of attorney no longer has the legal authority to act on your behalf.

Durable Power of Attorney

This document appoints someone to execute key decisions about healthcare, finances and accounts, and legal matters on someone’s behalf, just like a power of attorney. Anyone can be appointed to this position, but it’s very important that it’s someone who you trust to act in your best interests.

The significant difference between the power of attorney and durable power of attorney is that a durable power of attorney stays in effect even if the person becomes incapacitated and unable to make their own decisions. It’s a long-term designation that ultimately gives the agent a lot of control which is why it’s so important to choose someone trustworthy for this type of power.

Special Power of Attorney or Limited Power of Attorney

A special power of attorney or limited power of attorney is a much narrower legal designation that authorizes an agent to work on your behalf but only in clearly defined circumstances. For example, a financial advisor may be authorized to buy and sell stocks, or an accountant might be authorized to file your taxes but neither has the authority to access nor withdraw from your bank accounts.

Designating a special power of attorney is helpful in certain situations, but it’s important to remember that their role is limited. You may need to designate more than one to make sure everything is taken care of in the event that you’re unable to make your own decisions.

Another way that you can have a limited power of attorney is by designating springing powers. This means that a power of attorney only takes effect if predetermined triggering events occur. It’s most commonly used as a part of a will or a trust to designate someone to manage your affairs but only when you are unable to do so yourself.

Healthcare Power of Attorney

A healthcare power of attorney is a special power of attorney that only authorizes someone to make medical decisions about your healthcare and medical treatment. It takes effect if you are unable to make decisions or communicate decisions concerning the treatment you want and don’t want.

Your healthcare power of attorney can prevent unwanted treatments or make sure your ethical beliefs are respected with regard to care. Denoting a healthcare power of attorney is an easy process and can be revoked easily by simply filling out additional paperwork and destroying old forms.

How to Get Power of Attorney

If you’re the primary caretaker of an aging parent, friend, or loved one, it’s important to discuss the power of attorney when they are alert and awake enough to make a clear-headed decision. This can be a difficult decision to have, but it’s better to have the proper legal protections in place before something happens.

The first thing you and your loved one should determine is what kind of power of attorney is best. Then contact a lawyer in your area to find out what the proper procedure is in your state. There is usually a lot of paperwork involved and which is why it’s important to make these decisions when your loved one can still read, understand, and sign documents.

Obtaining the power of attorney if the person is incapacitated is possible, but it’s a lot more difficult. You may need to obtain a sworn affidavit from the doctor for proof of the current condition.

Review all forms with your lawyer to make sure the language suits your particular case and that the documents are legal and binding.

How to Revoke Power of Attorney

Revoking power of attorney isn’t too difficult, but because it’s a legally binding document, there are specific steps that need to be taken. A request to revoke power of attorney must be made in writing. Verbal revocations aren’t always enough.

One way to revoke a power of attorney is to put a new one in place. Check with your lawyer, but usually, a new power of attorney document contains legal language that revokes any existing ones. If not, an official revocation must be made in writing that acknowledges the existing agreement and officially withdraws the powers granted in it.

After the paperwork is completed, the revocation has to be provided to the person currently acting as a power of attorney. You may also need to have an official document on file with a local or state recorder’s office to make it official. You should also inform institutions like your bank that that person is no longer authorized to make decisions for you.

This process is usually not a problem provided the person holding a power of attorney is willing to accept it. If not, the process could get complicated, particularly if the person feels you’re not thinking clearly or that someone else is trying to assume the role with bad intentions.

Ultimately, your power of attorney should be someone that you know you can trust now and in the future. If they truly have your best interests at heart, revoking the privilege should not be an issue.

Estate Planning Attorney

Do I Need an Estate Planning Attorney?

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For some people, a will is all that’s needed to make sure your assets are distributed according to your wishes after your death. In other situations, an estate planning attorney is necessary to help figure out the best way to apply estate tax laws while ensuring that everything goes smoothly, and your heirs aren’t stuck paying too many taxes and fees.

It’s a common misconception that only the super wealthy need an estate plan, but there are actually a lot of situations in which a will isn’t enough. It’s not necessarily about the value of your assets but rather what they are and where they’re located. While estate planning is not for everyone, there are a lot of people who can benefit.

What Is Estate Planning?

A lot of people think that estate planning is the same as having a will, but there are some pretty significant differences. Wills are straightforward documents that put forth how you want your property distributed or who you want to care for your minor children. If you don’t have a lot of assets, a will might be enough to make sure your wishes are respected after you die.

An estate plan is similar, but it goes much further than a last will and testament. With the help of an estate planning attorney, you can establish the distribution of assets while also helping your heirs take advantage of laws and other practices that can help them pay less in fees, taxes, and court costs. You don’t necessarily need a large estate to take advantage of estate planning. What you’re passing on to your heirs is just as important.

Does Everyone Need an Estate Plan?

Everyone needs a will, but not everyone requires an estate plan. If any of the following situations apply to you, you may wish to consider looking into estate planning costs and working with an attorney to figure out the best method to distribute your assets.

How Large is Your Estate?

There are a lot of tax implications when it comes to planning your estate. If the value exceeds the maximum federal estate tax exclusion, an estate plan is necessary to determine the survivor’s exclusion as well as what happens in the event of simultaneous death.

Another thing to consider is that a lot of states now have their own estate tax laws. Since every state is different, this can get a little difficult. An estate planner can help what laws apply, particularly if there are businesses and properties in multiple states across the country.

Do You Have Children?

If you have young children and significant assets, you should consider an estate plan. While a will gives you the opportunity to name a guardian, an estate plan is necessary if you wish to name a conservator. Most state laws require a conservator be named to manage the inheritance of children until they are 18 or 21 years old.

Another option for minor children who stand to get a large inheritance is estate planning trusts. A professionally managed trust makes sense for financial, real estate, life insurance, and retirement assets. It allows the money to be invested and managed by a conservator who has the best interests of the children in mind. When in the hands of a professional, they could produce much more growth in the long run.

Do You Have Varied Assets?

In estate planning, it’s not necessarily the total of all assets that matters so much as what kind of accounts you have and where your investments are located. One good example of this is if you have an IRA. Both traditional and Roth IRAs can be stretched to last the lifetime of the beneficiary. If you’re leaving that account to a young child or grandchild, it could mean decades of tax-free growth. An estate planning attorney can help you find out the best way to manage assets like this, so your heirs get the most use out of their inheritance.

Do You Own a Business?

There are a lot of options for handing down a business as part of your estate. If you plan to keep it in the family, an estate attorney can help figure out the easiest way to do so using a family limited partnership or LLC. This applies to large corporations as well as small family businesses of franchisees.

Philanthropy

For an estate with significant assets where the owner wishes to give a considerable amount to charity, an estate plan provides a lot of options. For example, charities can be named as direct beneficiaries, or a trust can be set up to benefit that charity. Doing charitable giving the right way could mean both smaller capital gains taxes and estate taxes and even income tax deductions.

Review and Update Regularly

There are a lot of cases in which you should reevaluate and update your estate plan.

If you put it together when you’re relatively young and have small children, evaluate your estate planning checklist regularly. As time goes by, the need for trusts and conservators lessens as your children get older and become adults. Your finances will change and grow, too, so make sure you keep your estate plan up to date.

There are some special circumstances to consider, too. If you get remarried and have stepchildren, you may wish to include them in your estate. Alternately, you may wish to make sure your children’s inheritance is protected if your former spouse remarries. An estate attorney can help you set to prepare for these kinds of situations.

It’s also possible that you’ve had a falling out with one of your heirs since you put your estate plan together. In this case, it’s very important to make changes if you have decided to change their inheritance. It will save your family a lot of pain and fighting when your estate is being settled, particularly if there are already hard feelings.

Injured-at-Work

I Was Injured at Work – What Are My Rights?

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Employers are legally required to provide a safe working environment for their employees. Despite this, injuries can still occur at the fault of your employer or a third party.

Although these injuries may be minor, at times,they can be quite significant and affect your ability to work and your quality of life. There are steps you must take to make sure you get the help you’re entitled to when injured at work. Every state has a system in place to help workers in this situation but, depending on the cooperation of your employer and their insurance company, there are cases when you’ll find it lucrative to hire a work injury lawyer.

Workers Comp Insurance

If you are injured at work, the very first thing you should do to protect your rights is to report the injury to your employer. Most states only give you a small window to do so, some within 24 hours and others might give you up to 30 days. If timely reporting isn’t possible due to the nature of the injury, it’s important to report it as soon as you can.

Employers are required to carry workers’ compensation insurance, and after reporting the incident, your next step is to file a workers’ comp claim. This official claim informs both your employer and their insurance company that you’ve suffered an injury. It also serves as a legal document for future proceedings and provides you with certain rights and protections.

Your Rights After an Injury at Work

Filing a workers’ compensation claim can be scary, and you probably have a lot of questions. If I get injured at work, do I get paid? Can my employer hold the injury against me? What if I’m injured at work then fired?

While the specific laws vary from state to state but some general legal rights apply to everyone. Part of the workers’ comp definition is that it provides medical benefits and wage replacement to injured employees. In return, the employee gives up their right to sue the employer for negligence.

You have a right to file a claim for any injury or illness acquired on the job, and you can seek medical treatment. Sometimes, you can use your own physician, but you might have to go to a physician that specifically works with your employer. If and when the physician clears you to return to work, you have the right to return to your job without fear of retribution. If you’re unable to return to work, you’re entitled to either short or long term disability compensation.

While you do give up the right to sue your employer for negligence when taking workers’ compensation, you can appeal a decision made by your employer, their insurance company, or the courts if you don’t agree. For example, if your employer insists that you can come back to work and you know you’re unable to, you can appeal this decision. Getting a workers’ comp lawyer drastically improves your chances of being successful in your appeal.

In addition to the things you’re entitled to, there are also a lot of things that you are entitled to refuse. For example, your employer may ask you to use your private insurance to pay for treatment to save the cost of your medical care or they may ask you to work through an injury when you know you’re not able to do. Sometimes, they may attempt to downplay your injury or try to talk you out of filing a claim, which is illegal.

One of the biggest protections you have as an employee is being able to file a workers’ compensation claim without worrying about retribution from your employer. If they try to make filing your claim difficult for you in any way, they could face some severe penalties. Any harassment brought on by the workers’ compensation claim is illegal. If you feel that you’re in a situation like this, it’s definitely worth bringing a qualified attorney on board to make sure you get what you deserve.

What About Third Parties?

Sometimes, your employer is not directly responsible for the injury. For example, you may have been injured by a faulty piece of equipment or an accident with a delivery truck. In this case, you’re entitled to file a workers’ compensation claim for lost wages and medical expenses, and you can also bring civil charges against the third party responsible.

Workers’ compensation claims are meant to reimburse you for lost wages and medical expenses, but civil lawsuits are a little different. If a third party is responsible for your injuries, you can pursue it a little further in court. Specifically, you can pursue non-economic damages, like compensation for pain and suffering.

Common Mistakes After Getting Injured on the Job

There are a lot of reasons why a workers’ compensation claim can be held up in court. Here are some of the most common mistakes that people make when it comes to work injuries.

  • Waiting too long to report. You might think that your injury is no big deal, but sometimes things can get significantly worse over time at which point it could be too late.
  • Omitting previous injuries from your claim. It’s very important to be as transparent as possible when filling out workers’ compensation forms and providing medical history. If you had a previous work injury that you never reported, omitting it from a new claim can be considered fraud and you may lose your right to compensation.
  • Only reporting part of the injury. For example, if your primary injury is an injured back from a fall that also hurt your knee, be sure to report both. If your knee gets worse and you try to claim it later, it could be misconstrued as fraud. Report all injuries to your physician, so everything is officially documented.
  • Not returning to work when you’re able to do so. Even if your employer offers you a different position to accommodate a long term injury, you should take it even if it’s at a lower wage. Failing to do so can look like you’re voluntarily giving up your income and your employer can actually terminate you for refusing to work.

Before seeking the assistance of an attorney, you can get an idea of how much your case may be worth with this online case evaluation form offered by the Lawsuit Info Center.