Thursday, May 22, 2008

Lawyer-by-default

By: Monica Parker

Are you a lawyer by default? Answer the following questions to find out:

- You chose law school because you didn't know what else you wanted to do.

- You chose your first legal job because the firm was recruiting at your school.

If you answered "Yes," congratulations, you're a lawyer by default.

You're not alone. There are lots of us out there, toiling away at law firms, wishing the telephone would ring and the perfect non-legal job with a six-figure salary would be calling.

If you chose law school by default, you probably chose your legal career by default too. Why? Because just as going to law school is the easy choice, choosing to go to a firm is also the easy choice. Law schools have extensive recruiting programs.

Every fall, law schools line up the most prestigious, highest-paying law firms in the country that are interested in their students, and offer you a seductive opportunity. Maybe you're still not sure what you want to do, but it wouldn't hurt to fill out the form and go do a few interviews. You interview with the firms. They make offers. It's too hard to turn down a ready-made job.

So, here you are. A lawyer by default.

Beating yourself up about that isn't going to help. Where you are is where you are. The question is what do you do now?

Here are 5 simple steps to finding and pursuing fulfilling work outside of the law:

1. Accept that you want to do something else with your legal degree. If you resist that idea, you're going to have a heck of a time getting out. You're not the first person to change career fields and you won't be the last. Would you rather find work you love or suffer for the next 5, 10, 15, 20 years?

2. Identify 3 -4 options. What fields look interesting to you? Don't worry so much about job titles or salaries right now; you're just brainstorming. If you don't have any idea, start keeping track of what appeals to you. Is it baking, spending Saturdays at the bookstore, reading stock quotes, what?

3. Explore your options. This is the fun part. Do some research on the fields that appeal to you. Go online, read books. Call someone up and do an informational interview with them. Spend a day with your local florist or pastry chef. Experience and visualize what it would be like to spend your days doing this kind of work.

4. Plan. Time to left the left brain in. Think about what would get in the way of you pursuing a career you love. Finances, family, lack of experience, turning your legal resume into one that opens doors outside of the law? Now figure out whether those obstacles are real or just in your head. If they're real, decide whether they're worth overcoming.

5. Make the leap. As much as we'd like to plan it until it's perfect, there comes a time when you have to put the legal pad away and just go for it. It's often a messy and unpredictable ride but the end result is worth it: no more Sunday night countdown and a job you want to get out of bed for on Monday mornings.

© 2008 Monica R. Parker

Copyright (c) 2008 Monica Parker

Article Source: http://www.acmearticles.com


The career coach for lawyers, Monica R. Parker, J.D., helps unhappy lawyers find and pursue fulfilling work outside of the law. She is the author of the soon-to-be-published book Unhappy Lawyer: A Roadmap to Finding Meaningful Work Outside of the Law (Sourcebooks, July 2008). Get a copy of her FREE Report, "7 Reasons to Leave the Practice of Law…And What You Will Find On the Other Side!" at LeavingTheLaw.com

Dallas-law-::-do-i-need-a-lawyer-for-my-asbestos-lawsuit

By: Chad Wiley

If you have become sick from exposure to asbestos, then you may be looking to take legal action. If so you might be asking yourself the question, "Do I need a Lawyer," or "What type of Lawyer Should I Hire?" Legal issues are tough, and you need to make a decision if you are going to fly solo, or have an attorney represent you.

First off, you will need a lawyer if you want to win a lawsuit in an asbestos case, but the good news is that if you circumstances meet the qualifications then you can get a lawyer without having to pay anything out of pocket. They will get paid after the case has been won.

Second, you are going to need to look for a lawyer that specializes in asbestos cases, and has a strong background of winning cases. When you enter that courtroom and all eyes are on you. A lawyer that is specialized in winning cases that deal with asbestos is going to make all the difference in the world because they will have answer to the hard questions, and will have an idea to as to what type of questions opposing counsel is going to ask. A great lawyer is the difference between winning and loosing, so be sure to take you time and make sure you find the right attorney to represent you.

In closing if you are looking to win your asbestos case then you are going to need a tough lawyer that is ready to fight for you, and has a history of dealing with these specific cases. I believe once you have the right lawyer, then you will be on your way to the settlement that you deserve for your injury.

Article Source: http://www.acmearticles.com


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What-are-lemon-laws

By: Sandy Bergeron

Do you have a car, truck, SUV, boat, computer, or any other consumer product that has had to be repaired multiple times? If you do, you might just have yourself a "lemon". Even if you bought a used car from a dealer, it shouldn't have to be repeatedly repaired and the lemon laws are there to protect you.

Lemon laws were started with just automobiles in mind and then expanded to include all sorts of other electronic consumer products. If you have had trouble with your purchase on multiple occasions, don't let your mechanic or manufacturer try to talk you out of what may be your legal rights. The lemon laws are there to protect you when you need them and all you have to do is understand them. You do have recourse even though you might think that you don't.

These laws give consumers the right to a refund or a replacement if their item cannot be satisfactorily repaired under warranty. In order to qualify for protection under a lemon law, you must have a defective consumer product that has not been able to be fixed within a reasonable amount of repair attempts.The defect cannot be a minor one that does not affect the performance of the product. It must be a major defect that prevents the item from working properly.

Each state has it's own lemon law but they are all similar in that they provide for a refund or replacement should the manufacturer be at fault. The manufacturer is generally allowed several tries to repair the problem and if the problem cannot be fixed, they will then be required to give the buyer a refund or replacement.

Lemon laws are slightly different in all fifty states so it's important to learn the laws in your state. This way you will find out what your rights are and what kind of retribution you are entitled to. If you stand up for your rights you will not only be protecting your purchase but you will also be helping out other customers who might have bought lemons from the same dealer.The lemon laws are there to protect you and to discourage the dealers from selling things that don't work. Businesses who sell lemons to consumers need to be punished, and the lemon laws are there so that they will stop doing business in that fashion. The lemon laws are there to protect you, so use them!

Article Source: http://www.acmearticles.com


Do you think you might have been sold a lemon? Please visit Lemon Laws Guide to find out more about your rights and what you can do.

Make-your-separation-less-terse-with-divorce-lawyer-new-york

By: Damyel Flower

Marriage, more than anything, is a union of minds and if this union does not happen or take up shape even after considerate efforts, then it is better to dissolve the relationship. However, nobody can deny the fact that divorce is a crisis and a hard phase in life that one has to go through. Every couple has got their own reasons for getting separated that further calls for emotional pain and a desolated state of mind. And divorce is an invitation to many other arguments and legal contrast that may form an ugly shape. Therefore, consulting an experienced attorney is the first step for making a decent separation. With the assistance and guidance of divorce lawyer New York the situation can be made a little less tense and relatively simpler. Experience, professionalism and patience are the three most important traits of the divorce lawyer.

Your hired attorney must have good information regarding the family laws with experience of dealing through good competitive cases. The opposition can bring twist and turns at any time, so you and your lawyer should be prepared with all sorts of details and essential documents. It is highly recommended, to develop a good comfort level with your lawyer. This will help you in having good discussions on your personal matters and requirements related to the divorce case without any hesitation. And in turn, your lawyer can have the privilege of better understanding and can make attempts to appear valid and genuine in front of the judge. The services served by divorce lawyer New York are authenticated, unquestionable and documented with valid proofs.

For any lawyer, it is very important to respect the sentiments and feelings of his client, especially in the case of divorce, where people try to cope up with the poignant separation. A decent Divorce Lawyer New York concentrates on all the minute details of the case and present it in a well planned order to get favorable results. There are certain number of things that need a more legal and practical approach such as law of spousal support, property division and kid's custody. All these issues are not easy to be tackled along with the added pressure of emotional imbalance and pain. And for this reason, you need to have a more pragmatic and beneficial piece of advice that is available with the divorce lawyer New York.

Every place has its own set of rules and laws concerning divorce or any other case. Therefore, make sure that you hire a lawyer who is well aware with all the different laws, so that he can offer you the best legal deal. On the other hand, there are numerous other aspects of divorce also, that demand equal attention and consideration at the same point of time. These involve your child's custody and the deserved amount of alimony. In addition, to all such stressful and traumatized situations, you are also forced to face the long proceedings and other court gestures. A good divorce lawyer New York will sincerely handle your court hearings as well as present a suitable solution to all your problems and requirements.

Article Source: http://www.acmearticles.com


Damyel Flower is an experienced divorce lawyer.He has successfully handled many divorce cases. He gives advice to clients who are looking for art lawyer, divorce Lawyer NYC, celebrity divorce lawyer and Divorce Lawyer New York. To hire services of a lawyer in New York and any legal advice visit www.mtllp.com.

Divorce-law-new-york-(attorneys-fees)

By: David Siegel

It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while the trial court retains general jurisdiction over the cause. Where the court had evidence before it of the financial resources of both parties when ruling on the issue of attorney fees and where no hearing had been requested, the trial court's failure to conduct a hearing on the propriety of the award of attorney fees was not error. The award of attorney fees is based on a showing of the inability of one spouse to pay and the ability of the other spouse to do so. The court may order either spouse to pay a reasonable amount for the costs and attorney fees necessarily incurred by the other spouse. The granting of attorney fees is improper where no evidence is heard as to the items of service which were performed, the basis of the amount requested, or the reasonableness of such fees.

Where petition for fees was submitted prior to entry of a judgment dispositive of the merits of the action, and where the clear import of the language of subsection (a) of this section was that the court may order attorney fees to be paid by either party to either attorney, the provision was given its clear meaning and the trial court properly entered judgment in favor of a firm against its own client. The general rule concerning awards of attorney fees in a divorce suit is that the party seeking such relief must show financial inability to pay and the ability of the other spouse to do so. The fees allowed in dissolution proceeding should be fair to all the parties involved: the attorney to be compensated, the client, and the person required to make the payment.

The amount awarded should be fair compensation for those services which were reasonable and necessary to the action. The propriety of an award of attorney fees depends on the particular facts of each case; in determining whether a party is unable to pay attorney fees the assets of that party must be weighed in light of the parties' standard of living. To justify the allowance of attorney fees, the party seeking relief must show financial inability to pay and the ability of the other spouse to do so. The party seeking to recover attorney fees must show financial inability to pay and the ability of the other spouse to do so; the decision in regard to fees then rests within the sound discretion of the trial court. Attorney fees in a dissolution of marriage proceeding are the primary obligation of the party for whom the services are rendered. The allowance of attorney fees to an opposing party is justified where the party seeking relief demonstrates financial inability to pay and the ability of the other spouse to do so. Although the trial court is permitted wide discretion in awarding attorney fees, that discretion is not unbounded. The allowance of attorney fees for appeal rests within the sound discretion of the trial court, which allowance will not be disturbed on review in the absence of a clear showing of abuse; fees may be allowed only upon findings of inability to pay by the petitioning spouse, and that the other spouse is able to pay.

The well-established principle that the amount of attorney fees rests in the sound discretion of the trial judge, and will not be interfered with unless abused, applies to support awards. The allowance of attorney fees in a divorce proceeding is not automatic, but depends on a showing that one spouse is financially unable to pay the fees, while the other is able to do so. The decisions whether to grant periodic alimony, attorney fees, and suit money rest in the sound discretion of the circuit court. The matter of fixing attorney fees is one of the few areas in which a trial judge may rely on the pleadings, affidavits on file and on his own experience. Former section 15 of the Divorce Act authorized the trial court to order the payment of such attorney fees as may seem equitable, regardless of the disposition of the case. The awarding of attorney fees rests in the sound discretion of the trial court and will not be interfered with unless such discretion is clearly abused.

Ability to Pay

In General The trial court did not err in requiring ex-wife to pay a majority of her attorney fees. For purposes of determining an award of attorney fees, financial inability exists where the forced payment of available funds would strip a person of his or her means of support and undermine his or her economic stability. The party seeking attorney fees must show an inability to pay, and the ability of the other spouse to pay fees. Before one spouse may recover attorney fees from the other, the spouse seeking fees must demonstrate that he or she is financially unable to pay and that the other spouse has the ability to pay; a mere showing that the other spouse has a greater ability to pay attorney fees is not sufficient to justify an award of fees under this section.

Former Law

Under former Rev.Stat., ch. 40, para. 16 in order to justify allowance of attorney's fees in a divorce case, the party seeking the relief needed to show financial inability to pay and the ability of the other spouse to do so; however, financial inability was not synonymous with destitution for the income and assets of both parties were considered, and if use of the available funds of the party seeking the attorney's fees would strip the person of the means of his support and undermine his economic stability, financial inability to pay such fees was shown.

It must be shown that the party seeking this relief is financially unable to pay and that the party seeking this relief is financially unable to pay and that the other party is able to do so; however, when a party does not request a hearing on his ability to pay or his opponent's inability to pay, the right to such a hearing is waived and the court may base its decision on the financial conditions of the parties as shown by the record.

Installment Order

Few can afford the expenses of divorce without incurring debt, which must be paid by someone; a party who does not have the present ability to pay his own attorney fees can nevertheless be ordered to pay his own attorney, although enforcement might have to be accomplished by an installment order.

Not Shown

Even though respondent had greater earning capacity he could not pay the bulk of petitioner's attorney's fees and continue to pay his own monthly expenses and attorney fees.

Article Source: http://www.acmearticles.com


New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases. Divorce Lawyers New York

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