3 Things You Need to Know When Filing Civil Lawsuit

March 1, 2012 By Leave a Comment

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There’s no use in sugar-coating it: Filing a civil lawsuit is not an easy process. Before you even think about going down to the courtroom, you should prepare yourself and research the civil lawsuit process as much as possible.

Here are three things you need to know when filing a civil lawsuit:

Only File a Civil Lawsuit When Absolutely Necessary

Filing a civil suit is a nightmarishly long process, and it won’t be easy on your wallet. The courts are already overworked and oversaturated with cases; don’t slow down the justice system any more just because you want revenge or you want to make a quick buck. Try negotiating with the other party. Sometimes even the threat of a lawsuit is enough to bring people back to the negotiating table. Many lawyers offer free consultations to potential clients. Take advantage of this and schedule an appointment—even having legal advice and counsel on your side will go a long way in negotiating.

Finally, consider hiring a mediator instead of filing a lawsuit. Mediators are often former lawyers or judges; they understand the law thoroughly. However, you’ll find their rates to be much more inexpensive than a court case.

You’ll Need a Lawyer (Unless You’re Filing in a Small-Claims Court)

Small-claims courts (sometimes called circuit courts, depending on your region) handle cases over small monetary amounts or values. Every regional court is different, but most handle cases under $5,000. If your lawsuit involves larger sums, you’ll need to go to superior court or county court. If you’re facing a large lawsuit, you will need a lawyer. Do not try to navigate the legal system yourself. Cases with individuals who try to represent themselves do not have a high success rate.

If, however, you’re filing a small claims case, you may decide to represent yourself (for larger small-claims cases, you still may decide to hire an attorney—navigating the court system is not an easy process). If you do decide not to hire an attorney, you will be filing pro-se. Check with your courts system to find out the proper proceedings for filing a lawsuit. If you don’t follow their exact specifications, your case will most likely be thrown out.

The Sooner You Start the Legal Process, the Better

Don’t wait to do your research and contact an attorney. If you wait too long to file after the incident, you may miss your window and be unable to sue. Do not expect immediate results. After you’ve filed a civil lawsuit, you’ve still got plenty of waiting time ahead of you before you see your court date.

Be patient: you’ll see your day in court soon enough. In the meantime, you’ve got plenty of research and prep work to keep you busy.

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3 Things to Do When an Accident Occurs

August 22, 2011 By Leave a Comment

 

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If you are involved in an auto accident, make sure you do these three things.  By taking care of some simple details while you’re still at the scene of the wreck, you can greatly improve your chances of getting any compensation you deserve.

 

Exchange Insurance Information

Always trade insurance information with the other driver. If there are any injuries, the insurance company will be responsible for settling with you. Car insurance policies cover liability for personal injury. Make sure you demand your benefits. A personal injury attorney Southern California expert will help you navigate the quagmire and get you your money.

Take Pictures

Take pictures of the accident. Take pictures of your car, the other car, and the scene of the accident. Although it’s best to move the cars out of the roadway, for safety reasons, an attorney will still find those detailed photos very helpful. Facts could change as the accident is investigated, so those photos will be the most accurate information you can offer.

Call the Police

No matter how severe the accident, always call the police and get an accident report. This is the account of what happened, and it will be a report that the insurance company accepts. A police narrative that indicates you were not at fault, together with a witness who backs that information up, puts you in a strong position. Calling the police doesn’t mean you are accusing anyone of being a criminal. It is just a good way to keep all information correct and honest.

With these three things, your personal injury attorney will be well equipped to negotiate the best compensation available to you.

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Knowing the Law–Why it Matters

July 23, 2011 By Leave a Comment

The law surrounds us, whether we realize it or not. Though we live in a free society, unfettered by much of the government intervention and controls experienced in many other countries, it’s still a fact that the laws of the land dictate much of our behavior in our communities and in our place of work.

As the saying goes, “ignorance of the law is no excuse.” That’s why even a layperson should have some knowledge of the legal system and its workings. Let’s be realistic, though–not everyone has the time or inclination to study legal briefs during a vacation.  That’s why Mensdivorcecentre.org was created. It’s a solid resource for taking in a general understanding of the law and how it manifests itself in different situations.

Balance

 

The law is a highly complex thing that is constantly changing. Do you know how to protect yourself in the event of a lawsuit? Do you know your rights in case you should have to get a divorce? The kinds of legal problems that can be encountered today are myriad, from workplace harassment issues to lawsuits regarding property settlements after a death or the end of a relationship.

It shouldn’t be necessary to hold a law degree in order to navigate safely in today’s society, but it is important to be armed with information.  Without it, you can end up terribly exposed legally and financially to legal problems you may never have imagined.

Take the time to study up. It’s not impossible—and well worth the time and peace of mind.



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Five Books You Should Read Before Law School

June 25, 2011 By Leave a Comment
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So you’ve made it into law school and you just can’t wait to start. Take advantage of this down time now, because you certainly won’t have any once you start law school. Here are five worthy titles you should consider adding to your 0L summer reading list.

  1. To Kill a Mockingbird. If you haven’t read Harper Lee’s classic novel about race relations and the law in the South, you’re missing out. Read it– not only for Atticus Finch’s courtroom performances, but also because it’s an amazing read.
  2. One L: The Turbulent True Story of a First Year at Harvard Law School. This book is a classic recommendation for any 0L student. The book is an autobiographical tale of Scott Turow’s first year of law school.
  3. Plain English for Lawyers. Even if you don’t read it over the summer, this is one book you should definitely look into purchasing for future reference. Writing is an essential skill for future lawyers to develop, and this book tries to teach it with practical applications and a sprinkling of humor.
  4. How to Succeed in Law School. This book delves into daily law school life and covers what you may experience in your years at law school. You’ll walk into your first day of classes feeling much more prepared.
  5. Getting To Maybe: How to Excel on Law School Exams. You don’t want to learn about something as important as law school exams on the fly. It takes time and effort to wrap your mind around law school exams, so get a head start with this highly-recommended book.
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Legal Career Profile: Court Reporter

June 24, 2011 By Leave a Comment
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What Does a Court Reporter Do?

A court reporter is responsible for crafting written transcripts of the verbal dialogue in the courtroom. A court reporter is also known as a “stenographer” or “stenocaptioner” due to the special equipment they use (a stenotype). Stenographers transcribe sound to a specific phonetic code. Each line in the transcription is the equivalent of one syllable. A stenographer will transcribe various court proceedings as needed. They’re also responsible for preparing and proofreading transcripts (with the help of computer software). A court recorder can reach incredible typing speeds at rates over 225 words per minute.

Is a Stenographer the Only Kind of Recording a Court Uses?

No. Some courts use electronic recorders to record dialogue instead of live stenographers. These employees only need to learn how to operate the electronic equipment and have much lower training times than a classically trained stenographer.

What Kind of Education or Training Would I Need to Become a Court Reporter?

There are about 125-135 court reporter training programs in the country. Just over 60 of these programs are National Court Reporter’s Association (NCRA) certified programs. If you graduate from a program certified by the NCRA, you’ll be required to type at a minimum rate of 225 words per minute.

However, it takes at least two years to learn how to type in real-time (the rate of natural speech). Statistics show that it takes an average court reporters 33 months to learn real time stenographing.

What are Average Stenographer Saleries?

The NCRA reports that a court reporter’s average salary is $64,672, though these figures vary based on location, skill level, and experience.

 

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Know Your Rights in a Divorce

June 23, 2011 By Leave a Comment

When considering divorce, it is always best to seek advice and information on divorce proceedings and laws in your state. Many states have their own procedures, laws, and rules when it comes to divorce. Knowing your rights and the process involved for your specific area can help the process move smoother and help reduce the number of surprises that creep up along the way.

When dissolving a marriage, understanding the process, what you need to know, what to do next, and what you will need to decide before beginning the process can be complicated. Even more complicated are the different rules and laws for each state, which can make understanding the process more challenging.

Legal advice or even independent research is helpful when determining what to do next. Investigate the divorce laws in your particular area or seek advice to guide you through this process. Specific state laws can address anything from custody rules to laws that address the division of property and debt when dissolving a marriage. For example, Indiana divorce laws provide specific aspects that deal with grounds for divorce, child support and child custody, and division of property. Many states will have similar laws and rules for divorce in that specific state as well.

When filing for divorce it is always best to know the specific details that apply to your specific state. Understanding the various steps along the way can make the process less stressful and make you more knowledgeable and prepared. When possible always seek information and legal advice when considering or moving forward with a divorce.

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Legal Career Profile: Paralegal

June 23, 2011 By Leave a Comment
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What Does a Paralegal Do?

Paralegals are commonly known as “legal assistants.” A paralegal provides a variety of duties aimed at assisting an attorney, including:

  • investigating case facts
  • research
  • interviewing people related to a case
  • drafting legal documents
  • organizing case documents and information
  • providing assistance at legal proceedings

Where do Paralegals Work?

Paralegal jobs will most likely be found at law firms, large corporations, or government operations.

What Kind of Education do I Need to Become a Paralegal?

It depends on who’s hiring. Some paralegals have picked up the trade through experience or exposure. However, most paralegal positions require some form of education. Education programs for paralegals include associate’s degrees, bachelor’s degrees, or a paralegal certificate program. In today’s job market, those with a bachelor’s degree have the best chance of getting hired as a paralegal.

What are Standard Salaries for a Paralegal?

The National Federation of Paralegal Associations report that paralegals generally experience an average salary of a little over $50,000. These numbers do vary based on location and experience, with 25% of survey respondents reporting salaries under $40,000 and 25% reporting salaries over $60,000. Some specialized paralegals have reported six figure salaries.

Is a Paralegal a Good Career Choice in Today’s Market?

The paralegal career field is definitely expanding and growing, thanks to sky-high legal prices and an increased demand for legal services. CNN Money rated “paralegal” as one of their top 20 jobs in America today. However, the article only gave the career a “C+” in terms of job fulfillment and challenges.

 

 

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Learn That Law School Lingo Before You Go

June 22, 2011 By Leave a Comment
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Learning Your Law School Jargon

Law school comes with its own set of terms and jargon. Learn them now and you’ll be ahead of the pack– or at the very least, you won’t be utterly lost at orientation. Here are some common terms you’ll need to know:

  • 0L: This is the term for a student applying to law school or one who has been accepted.
  • 1L, 2L, 3L: First year, second year, and third year law students (respectively).
  • ABA: American Bar Association.
  • Case Brief: Your summary guide to a particular case. This can include facts, summaries, history, and rationale.
  • Black Letter Law: Though you’ll probably go into this in some of your initial classes, these are the general black-and-white applications of law.
  • Case Book: This is your textbook for your classes. It’s filled with published cases that you’ll be assigned and expected to read.
  • DA, ADA: District Attorney, Assistant District Attorney
  • Blue Book: Common term for “The Bluebook: A Uniform System of Citation.”
  • Hornbook: A book designed to cover the black letter law of a particular aspect of law.
  • IRAC: This is the format for certain exam questions. It stands for Issue, Rule, Analysis, and Conclusion.
  • J.D.: This is the degree you’ll receive after all that hard work! It stands for “juris doctor.”
  • M.B.E.: This stands for the Multistate Bar Exam.
  • NALP: This is an acronym for the National Association for Law Placement.
  • Pro Bono: It translates to “for the better good” and refers to work done for no compensation.
  • Shepardize: The process by which you check to make sure a law hasn’t been overturned.

 

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Tips for Law School Hopefuls

June 21, 2011 By Leave a Comment
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So you want to head to law school, eh? While there are no hard-and-fast rules or formulas for who will and who won’t get into law school, these helpful tips and pointers may give you a leg up on the competition.

Study for the LSAT

Sounds obvious, right? There’s a difference between preparing and adequately preparing for the LSAT. It’s a big test. Give it the respect it deserves. Plan to study at least 100 hours for the exam and invest in LSAT preparation materials. Don’t be afraid to take an LSAT prep course, either. Just make sure your course instructor has a reputable bio.

Analyze Which Law Schools you Want to Go To

It’s far too costly and time-ineffective to apply to a list as long as your arm. Research, research, and research some more to pick your trim list of prospective law schools. You’ll need to strongly focus on these schools, so choose a small list with plenty of variety.

Give Your Personal Statement the Attention it Deserves

Don’t treat your personal statement like a throwaway essay. Your personal statement can make or break you. Make sure you don’t write one personal statement for each school: admissions counselors can spot a generic statement in a heartbeat. Take the time to answer each school’s specific question. It’s an important step that many applicants ignore.

Prepare for Your Interviews

Know the school’s program inside and out. You want to look like a knowledgeable candidate who knows exactly why he wants to go to this particular school. Don’t give canned answers. You need to walk in stocked with solid answers.

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Online Law Classes to Boost Your Career

June 21, 2011 By Leave a Comment

For a lot of people, going to a traditional law school can cost way too much money and is further away from home than they are comfortable with. Luckily, today there are plenty of opportunities to take online classes. Online classes are great for people who are working full time, have a family, or have other demands on their time. They are also great for someone who wants to get more training to boost their career.

Online college classes are not more difficult than a traditional course. However, if you ever need some extra help (which most people do at some point), there are always instructors available by phone or email that will be willing to help you. There will also be chat rooms available for you to talk with your peers. When you take an online class, you make your own schedule and learn at your own pace. However, you are still expected to get your work done and treat your schooling like you are at a traditional college. You will be doing a lot of reading and writing assignments, including essays and research papers.

There are many advantages to taking online courses. The biggest benefit is having a flexible schedule so you can get what you need to get done when you need to. But be careful when choosing a school. You need to make sure the school you wish to attend is an accredited school and has a good reputation. If you go to a school that is not accredited, it will be much harder for you to find a job.

 

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