Do I Need A DUI Lawyer?

By Russel Esquibel
You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you...

How are Documents Authenticated in Civil Lawsuits

by Manuel Salvacion

Documents such as records, letters, bills, contracts, and similar writing form part of evidence in many lawsuits. In court, the best evidence rule requires that when a document is offered as evidence, the original document or writing has to be produced and submitted. To be admitted as evidence, a document has to be properly identified or authenticated.

In dealing with documentary evidence, the following things must be considered:

• Parole evidence – This is a principle in the common law of contracts which presumes that a written contract embodies the complete agreement between parties. As a rule, it forbids the introduction of ‘extrinsic’ information or external communication between parties, other than what is contained in the document.

• Best evidence – The issue in documentary evidence is competency, Hence, the best evidence rule in documents means the ‘the best and topmost form of evidence that can be produced for verification’.

• Authentication

• Hearsay – Based on legal definition, hearsay is evidence not proceeding from the personal knowledge of the witness, but is from the mere repetition of what he has heard others say.

What is Authentication?

Authentication is a rule that requires evidence to be sufficient to support a finding that the matter in question is what its proponent claims. This means that evidence must be proven genuine to be admissible.

Both parties in a trial can authenticate documentary evidence in much the same way as it can authenticate other real evidence. These are the common methods of document authentication:

• A witness, who is present during the signing of the document, can identify and attest to the existence of the document.

• A non-expert witness who is familiar with the handwriting or signature of the person, who signed the document, can also testify.


• An expert, a document examiner, who can compare handwriting samples and give his opinion regarding the document

• By so-called “trier of fact,” in which the jury or the judge would compare a known example of a signature with the signature on a disputed document

• Records of business transactions can be identified and authenticated by the custodian of the records.

• Certified copies of public records, official documents, and newspapers are self-authenticating documents that do not require outside authentication to be admitted as court evidence.

• Ancient documents also do not require outside authentication to be used as evidence. When presented with a corroborating circumstances or possession, ancient documents can be admitted as evidence in a trial.

Written documents when presented as evidence in courts are called documentary evidence. They form part of the basis for the resolution of cases.

However, certain documents do not require validation to be considered as original documents. Self-authenticating documents or documents that do not require outside authentication are the following:

1. acknowledge documents to prove receipt of such

2. some commercial paper and related documents

3. certificates of business records

4. certified copies of public records

5. newspapers

6. official documents

7. periodicals

8. trade inscriptions

Why Document Authentication is Necessary

If properly authenticated, documents can provide the courts the necessary information and help a judge or jury evaluate a case. Proper documents also provide resolution of the issue under question. In civil litigations, documentary evidence is an important part in determining the outcome of a case.


For more information about civil litigations, consult with competent California Attorney Services.

About the author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday, he hoped to go back and devote more time to writing fiction, which is his first passion.

When is a Business Lawyer Needed?

by Manuel Salvacion

Are you starting a business? Hiring or firing top-level employees? Signing a deal or contract?

Buying or merging with another company?

When do you exactly need a business attorney?

Before hiring a business attorney, you might want to ask your prospect these questions:

• How long he has been practicing law?

• What is his area of specialty?

• Has he represented a similar company before?

• Who are the other lawyers and paralegal who will work with him in the firm?

• How much are the legal fees and the expenses that will be charged?

• Are the sample legal forms, agreements and policies that you can see?

• How many corporations has he incorporated?

• Has he any experience in handling employment matters?

• Has he any experience in dealing with tax issues?

• Has he any business advice to keep you safe from lawsuits?

When serious legal problems arise, you will need the skills and experience of a business lawyer. Here are a few situations when the services of a business lawyer are needed:

• In special allocation meeting – This is the time when you and your business partner decide to set aside profits and losses in your partnership agreement

• When either one of you in the partnership wants to donate or contribute an appreciated property to the partnership

• When an employee or former associate threatens to sue your company

In addition, when business is running, you will need the services of a lawyer to do the following tasks:

• Prepare written agreements for hiring of contractors and consultants

• Create documents for clients and customers

• Document business meetings and actions

• Call and hold corporate meetings, and prepare its minutes

• Draft buy-sell agreements with business partners

• Update and make necessary changes in business agreements

• Handle tax audit

Generally, what a business attorney can do is protect your business from resource-draining lawsuits and litigation. A lawyer can always offer measures to avoid the potential danger of frivolous lawsuits. Here is some of it:

• Protect personal assets by separating personal property from business assets

• Give attention to details such posting of warning signs and labels on products

• Post store policies in public areas such as dressing rooms, in company literature on the website and even in store receipts

• Ensure potential hazards are cleared which include posting of warning signs to avoid accidents

• Make a record of customer phone requests, suggestions and complaints

• Attend to customer needs

• Supervise staff training on policies and guidelines

• Make insurance coverage for the company against accidents, injuries, theft, and liability.

Business attorneys are vital to business and finding the one who will truly represent your company is never easy. After selecting the lawyer that you need, the next thing to do is to find out information about his background and experience.

Former colleagues and clients can provide you with a wealth of information about a lawyer’s background and credentials. You can also check his membership in the state bar association to confirm his legal personality.


For more information about the most relevant business law applicable to your particular case, request the guidance of business law attorneys services.

About the author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday, he hoped to go back and devote more time to writing fiction, which is his first passion.