Thursday, October 22, 2009

Three Things You Must Not Do If Charged With a DUI by lawfirm articles

If you have a habit of driving while under the influence of alcohol, there is a high chance that you will be caught. This becomes much more likely if you live in a closely watched neighborhood or urban area. Once you are caught and charged with a DUI, there is an increasing chance that you will have to deal with very severe consequences. This could range from prison time to even the loss of your license, which can have very serious consequences to your social and professional life if you rely on a vehicle. The increasing number of deaths caused by driving under the influence has led to stiff penalties. If you are charged, there are three things that you must not do.



The first thing is to never try to fight your way out of receiving the citation at the sight of where you are caught. Though the alcohol and your rising adrenaline and anger might tell you otherwise, you took a risk when you got behind the wheel and now you must pay the price. Arguing with a law officer not only places you at a higher risk for more penalties, but it also does not put you in a favorable light in court, since the arresting officer can choose to represent themselves as a witness to your actions in public.



The second thing that you must not do is try to weasel your way out of a situation if you have a chance to speak with the victim of a light accident, where you are involved and under the influence. By taking a risk in driving while under the influence, you must take the consequences as well. If you get into an accident, you should have known better than to have tried to drive. In the case where you are charged with a DUI, do not try to contact the victim at all. Representation must be done by professional lawyers and not by civilians. This can complicate the case and put you at a disadvantage if you are trying to lower the severity of your sentence.



Lastly, if you are charged with a DUI, you must seek representation (in other words, you must NOT represent yourself). Hiring a professional lawyer that is knowledgeable of your situation can help reduce your sentence. DUIs are a strongly enforced citation all across the nation due to the increasing deaths involving DUIs. Trying to represent yourself, especially as the person with the DUI, is not likely to help your cause. Having a lawyer represent your case and act as your communication with other involved parties can spare you the trouble and may help reduce the severity of your punishment.



You can also choose to save yourself a lot of hassle by not driving under the influence to begin with. But if for some reason you do and you get caught, follow the advice in this article to help minimize the damage to your life.


If you are arrested for DUI in New Jersey, you need to hire a qualified New Jersey DUI lawyer, such as Clark & Clark. Former prosecutors, the lawyers at Clark & Clark know New Jersey criminal law and they know how to defend their clients. Don't make the mistake of hiring the wrong lawyer. Hire a New Jersey DWI lawyer you can trust, and that has experience dealing specifically with those types of cases.


Article Source: Three Things You Must Not Do If Charged With a DUI

Tuesday, October 20, 2009

How to Start a Solo Law Practice

How to Start a Solo Law Practice by CarlosSandoval

The Bar examination is the exam all practicing lawyers must take before they are eligible to practice law in a particular county or state. However completing the bar exam on its own is not enough to guarantee employment, and in the current economic climate it’s more difficult than usual to secure a job. One of the best ways around the current job shortage however, as many people are finding, is to go it alone and set up your own business. In law this might mean starting your own solo practice, and there are many benefits to doing so; so much so that even if you are currently a practicing attorney or otherwise employed, you may still be tempted by the idea of flying solo.



For a little bit of money up front, starting a solo practice can give you the satisfaction of working closer to the case, choosing your working environment and taking more profit as a result. It can also give you the flexibility to hone in on a niche area, gain business experience and choose your cases.



Fortunately if you have the determination to go for it then it’s actual not that hard or expensive even to set up your practice. First of all you will need to register with the government that you are going self employed and that will involve setting up tax. You will most likely want to register yourself as a sole trader, but should the need arise you can develop later into a limited company. The equipment you’ll need is fairly basic and setting up your home office won’t need to cost that much. First of all you need a computer and a printer, and most people already have both. Laptops are advisable as they’re far more practical and means you can have all your documents on you at any time and can have a ‘paperless law office’. Make sure that you have the necessary software for managing contacts such as Outlook and for managing your money such as GnuCash. Likewise ensure that your printer has scanning and faxing capabilities.



If you currently don’t have much experience as an attorney then it can pay to shadow a company that do something similar to what you want to do for a month or so. You won’t get paid for this but if you volunteer your services for free for a month a lot of places will be eager to have you. In return ask to be sent to their meetings and involved in their privy discussions.



Now that you have the experience and the tools you just need the clients. Often the easiest way to find clients to begin with is through friends and family going through divorces or dealing with traffic tickets. Ask them to spread the word and recommend you and hopefully you’ll start a domino effect. To make this process easier you’ll also need business cards so people can pass them onto their friends; friends can actually be some of the best marketers and best of all they’re free! Similarly by taking on pro bono cases (with out a fee) you can build a reputation for yourself and again get more good referrals (don’t take on more than you can afford however).



Today social networking sites like Facebook can also be a great way to communicate your service to a lot of people, and setting up your own professional looking website is also a must. Adverts on local radio and in local magazines are also intelligent ways to market and soon you’ll find that the work comes pouring in with no work on your part.


Check out how to start a solo law practice for more information on how to start a solo law practice.


Article Source: How to Start a Solo Law Practice

Thursday, October 8, 2009

A Primer on Wrongful Termination

A Primer on Wrongful Termination
by Charlie Prenicolas

Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.



What is the Employment Law?

Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company’s regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies.



What are the valid reasons for a wrongful termination?

A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:



Discrimination on the workplace

When an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.



Retaliation

Retaliation takes place when an employer fired en employee due to the employee’s refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.





Character Defamation

If an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.



Breach of explicit or implied contract

Breach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination.





Breach of good faith and fair dealing

This stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.





There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.


Charlie Prenicolas is a legal researcher who writes informative articles on Illinois civil rights, medical malpractice, and personal injury cases. For more information on reputable Chicago Employment lawyers, kindly visit Dolan Law Offices today.


Article Source: A Primer on Wrongful Termination