Sunday, August 3, 2008

Quick Tips on How to Find a Lawyer

Author: Steve Dimeck
Almost everything we do is affected by laws. There are so many laws that it would take a person with an average reading skill over a thousand years just to read the law book. As if we have nothing else to do with our lives but read laws. So what do we do when a legal situation arises? Do we handle it ourselves or do we call a lawyer who's been trained in the legal field? For many people, the thought of calling a lawyer may be frightening. Sometimes they might not even know if they need a lawyer or how to even choose one, so they might avoid contacting a lawyer even when it is in their best interests to do so. However, do your homework before you hire a lawyer for yourself and your business. At the time when you are faced with serious legal or medical problems, you still need to make a good, informed decision about who will represent you. And it doesn't have to be as hard or as costly as you may think to find a good lawyer. Provided below are some quick tips that can take the stress out of finding a lawyer.

Can I represent myself?

You have the right to represent yourself. However, the law is extremely complex and changes frequently. Unless you dedicate a great deal of your time into educating yourself with all of the laws and legal procedures relevant to your case, you stand a good chance of losing. You may very easily overlook a legal aspect affecting your case that may sometimes bring unanticipated legal consequences that can be difficult and expensive to undo. So, you need to weigh the risks and benefits of representing yourself vs. hiring a lawyer to represent your case.

When do I contact a lawyer?

When faced with a problem that you think it needs legal attention, you may wish to consult with a lawyer about your legal rights and responsibilities as soon as possible. Many states have deadlines for filing lawsuits especially for personal injuries. These so called "statute of limitations" laws are designed to encourage people to promptly come forward and present their case. But this does not mean that you have to simply pick the first lawyer you bump into because you are in a hurry, as you will learn from these tips.

How do I choose the "right" lawyer for me?

From a personal aspect, selecting a lawyer is always a personal matter. But, as with any service providers, the lawyer is just providing his or her service to his or her client. So, the lawyer-client relationship needs to be based on trust and open and honest communication so the lawyer could provide the best of his or her service. It requires a mutual commitment from both the client and the lawyer. If the client is not cooperating fully, the lawyer could not provide the best of his or her service. At the same time, if the lawyer is not easily accessible and prompt in responding to your phone calls, emails, and requests, you are going to get nothing but frustration. Hence, when choosing the "right" lawyer for your case you need to feel 100 percent comfortable when talking to that lawyer and feel confident in his or her abilities. If there is even a single doubt, you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

From a professional aspect, people often believe that simply any lawyer could handle any case. This misleading confidence frequently works to the client's disadvantage. No lawyer is skilled in every area of the law. So, to find the "right" lawyer for your case you need not to be shy about asking your prospective lawyer questions until you gain full confidence in his or her ability. Only then would you select that lawyer. Actually, while asking the questions, you would be able to observe the lawyer's responsiveness and readiness to cooperate with you. Some of the most important questions you need to ask your prospective lawyer when going through the selection process are: – What amount of experience do you have in this area of the law? – the area of your legal need. – Will you or one of your associates handle my case? – if an associate handles your case, that is the person you need to interview. – How many cases like mine have you handled? – ask for specifics for each of the cases. – Could you provide me with references from some or each of the cases? – make sure you call each of the clients to learn about their experience.

A responsible and a caring lawyer would have no problems providing you with answers. If the lawyer is giving you runarounds for each of the questions and not providing you with specific answers, you need to keep looking. Also, always check with your State Bar Association if that lawyer has been the subject of an ethical complaint or inquiry.

Where do I find a lawyer?

No matter where you look for a lawyer, always keep in mind the above tip for choosing the right lawyer for you. Nevertheless, here are a few places to look for a lawyer: – Yellow Pages and Advertisements – When you open your local yellow pages doesn't it seem like the doctors and the lawyers cover the half of the book with advertisements? It almost looks as if they are the only ones having the money for full blown ad pages. Speaking of ads, unless you have a marketing or sales knowledge and experience, you would never know how advertisements work. The advertisements are developed to psychologically trigger your emotional senses and make you respond to the call of action of the ad. It is a science on its own. So, you as an average consumer would have no idea which advertisement is telling the truth and which has the truth blown out of proportion. But, this is a very good place to at least get some names and phone numbers from local lawyers and start your selection process. – Your Society Circle – Your family, friends, people you work with, people you talk to, people you know of – start asking around. This is one of your most reliable sources. You will have a chance to get the first hand experience. Someone who has been in a same or a similar situation could tell you about their experience (good or bad) with their lawyer. If their experience has been nothing but good, you have a half of your work done. And even if no one in your society circle could refer you to a lawyer, they might know of someone else from their society circle who might have been in a similar situation. Some of the most reliable referrals come from people you trust – fellow business owners, friends and family – who have used lawyers recently. Word of mouth from a satisfied customer generally is very reliable. – Bar Associations – This is another reliable source. Your local attorney bar association may maintain an attorney referral service, which is a list of their members by specialty who will consult with you for free or at a special rate set by the bar association for the first conference. The Bar Association could also tell you if a lawyer has been a subject of an ethical complaint or inquiry from past clients. – The Internet – Indeed the Internet. But, this is your least reliable source because everything could be put on the Internet. However, just like with advertisements, you could use the Internet to at least get you a list of local lawyers practicing in your problem area so you could start the selection process. On the Internet, search for lawyer directories, such as Martindale.com; lawyer referral services, such as LegalMatch.com; people and business finding services, such as Anywho.com; and simply your favorite search engine.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

Thursday, July 31, 2008

What You Need To Know About The Lemon Law

Author: Terry Dunn

Car consumers’ rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a “lemon.” You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or user’s manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center.
Differing state laws
States have different provisions in their lemon law. Some states offer protection for both used and brand new vehicles while others only protect brand new car buyers. Lemon state laws also differ in the vehicles that it covers as well as the number of times that the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a “lemon” if it was repaired four times already; has been out of service for 30 days or has been repaired twice for a defect that can cause serious injury or death while the state of Arkansas requires only three repair attempts and one repair attempt if the defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000 to 24,000 miles, whichever comes first in their Lemon Law provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the brakes, consumers are granted one attempt to repair. For safety defects that are not as serious, Lemon Law allows for two attempts at repair. For other defects, consumers can have the car repaired three to four times. If the vehicle has been in the repair shop for a total of 30 days within a year with at least one of those days occurring the first 12,000 miles, then it is considered a lemon.
Most Lemon Law allow for an offset in the refund given to the consumer in relation to the car’s mileage at the time of the refund. Still, there are no specific guidelines over this and consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who would voluntarily buy back your “lemon” car, there are some who refuse to. In case this happens, services of lawyers are needed. Recognizing these situations, some State Lemon Law allows consumers to refund their attorney’s fees.About the AuthorTerry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Wednesday, July 30, 2008

What Is Trademark Law

The law will countenance enterprise that early use the make they select, document laws uprise from the Lanham Act. This act is organized to keep characteristic wrongdoing. The law prohibits uses of trademarks, craft defamation that are prospective to crusade fault roughly the communicator of a quantity or serving. Misconduct law protects consumers from state misled by the use of infringing marks and also protects producers from raw practices by an imitating competitor. The law does not employ often instrument to trademarks that exist of unwashed or characterless text because they are not essentially unequalled. A human that when they register a peculiar region argot, the earmark is solely their own and nobody added can use it. This may not be confessedly still, not exclusive must you register the realm, but you screw to use the activity call sufficiency to succeed secernment. The soul way to do this is through consumer cognizance and marketing. See around before you decide a stylemark and pee reliable that it is not already in use. It would be real pricey if an wrongdoing cause was brought against you for using someone else's characteristic. Using a grownup copulate to straighten a trademark

personal laws