Attorneys For Trusts And Wills

Posted on by Kyle Larson / Posted in General, Trusts and Wills

Planning out your estate should involve an attorney, but have you chosen to handle things that way so far? Attorneys for trusts and wills can help you, but do you need a trust or a will? Perhaps you don’t know about trusts and wills much, and you would like to find out more. You can look at the benefits of each, and you can talk with an attorney about what all you need to do to get your estate planned out.

One important aspect of a trust is that it can help your family avoid a big probate hassle. Do you own a lot of property or have a large number of assets in general? If so, a trust might be the best idea. If not, then a will is going to suffice. If you have questions and aren’t sure, remember that an attorney can help you make the decision.

As you look more into wills and trusts, you will run into information that can help you as well. Have you looked at all of the forms that you might need to know about? There is the power of attorney form, and there is also the advanced healthcare directive. What about the HIPAA Authorization?

trusts and wills attorneys

Even if you know what to do, you can still get hung up trying to get everything done. Do you need assistance filling out all of the documents? An estate planning attorney can help you get everything settled and lined up for your heirs. A will is simple enough, but you want to make sure you get everything done right and legally.

It is especially important to know if the probate process is going to affect your heirs. You will want to think about taxes, and you want to get it all done well in advance. One mistake you don’t want to make is thinking that you have to be rich to need to think about a will or even a trust. That’s not the case. You need to have a will and name beneficiaries at the very least.

Many people hire a lawyer to help them get it all done legally. You want your will to hold up in court, and you want to make sure that you definitely hire an attorney if you need to set up a trust. Attorneys for trusts and wills are standing by to help you get everything drawn up so that your will or trust is in place.

3 Benefits Of Hiring A Personal Injury Attorney

Posted on by Kyle Larson / Posted in Personal Injury

personal injury attorney

Hiring a personal injury attorney is in your best interest if you have been injured and it wasn’t your fault. There are many benefits of hiring a lawyer to handle your claim. If you want to find out what the top three benefits are, then continue to read on.

1. They Know What Your Claim Is Worth
If you’re like a lot of people, then you don’t know what your claim is worth or you might think it’s not worth much, so they don’t pursue it. Sure, there are tools that can give a person an idea of what their case is worth, but the only way you can get an accurate estimate is to speak with someone who has been there, done that. A personal injury lawyer with plenty of experience will have a good idea of what your claim is worth. If you want to know how much your claim is worth, then consider hiring an attorney.

2. Attorneys Know The Legal Process
Knowing what your claim is worth is only half the battle because you need to be familiar with the legal process involved with filing a lawsuit and proceeding with your claim. If you don’t know how to file documents, or what documents you need or whether or not there are statute of limitations, then you may find your claim being denied or you’ll lose your case. A lawyer understands the legal process and they will follow it to the letter, which gives you peace of mind knowing that your claim will move through the legal hurdles with ease.

3. Improve Your Chances
You might think your claim is ironclad, but the truth is the insurance company you’re up against will have their own attorneys who will fight tooth and nail to deny your claim or to make sure you don’t get what your claim is truly worth. If you hire a personal injury lawyer, they will fight for you and they will know how to handle the other party. The bottom line is if you want to improve your overall chances of receiving the most for your injuries, then it’s wise to hire a lawyer.

A personal injury attorney can improve your odds of winning and they know what the legal process involves. They also know what your claim is worth, but it is important to hire the best attorney possible. If you want to experience the above benefits and then some, then consider hiring a personal injury lawyer today.

Tips On How To Become A Mediator

Posted on by Kyle Larson / Posted in Mediation

become a mediator

Want to know how to become a mediator?

There are a number of steps a person will have to follow before they get the distinction they’re hoping to achieve. This is an excellent career path and one that has helped people earn respect and prestige for generations.

Here is more of what is needed.

Bachelor’s Degree In Mediation

It starts with a bachelor’s degree in mediation for those who are interested in becoming a mediator. This will be a specialized program that is going to prepare you for the upcoming steps that come along with the process including state-sponsored programs. You will have to complete the four-year degree and then move forward with additional qualifications/certifications. All of this will depend on the state and where you are hoping to work after graduating from school.

This program can be completed straight out of high school if accepted.

State-Sponsored Program

Most states have set up programs that help prospective mediators develop their skills and get to the level that is expected of them. You can search through the government website to see what programs are in your region and how you can go through them.

Possible Post-Graduate Degree

For those who are looking to work as attorneys, mediation is going to require an additional step involving a post-graduate degree. You will have to account for this while investing time into the career. Most choose to go down their own path, but there are others who prefer this option over the others.

Certification

In the end, the state will require the mediator to hold an official license before practicing. This is going to vary depending on the state you’re working in, but it will be present. Look through all the official information to see what the requirements are in your state of residence to understand what’s necessary. Most professionals looking to become mediators end up joining The Association for Conflict Resolution (ACR) as soon as they’re ready. This is accepted in most states for mediation purposes.

These are the steps on how to become a mediator for those who are hoping to join this career path. It is an intriguing one and is going to offer a lot of value to those who do join in. It is excellent for the future as mediators will always be necessary for various fields. It is a specialized role and one with excellent compensation down the road.

What is Mediation?

Posted on by Kyle Larson / Posted in Mediation

Many people often ask: what is mediation?

Mediation is a conflict resolution technique in which the aggrieved parties discuss all their differences with the aid of a trained, neutral third party who helps them reach a settlement. This could either be in the form of a scheduled settlement conference or just an informal meeting between both parties. The dispute in question could either be pending in a court of law or one that could potentially be filed in a court. The most suitable cases for mediation include disputes in personal injury, commercial transactions, workers compensation, divorce, labor relations, employment, domestic relations and other matters that rarely involve complex evidential or procedural issues. Attendance at a mediation conference is completely voluntary by all parties unless directed by a contract clause or statute.

The mediator is an individual with persistence, patience and common sense. He/she bears an arsenal of human dynamic skills, negotiation skills and powers of articulation, restatement and effective listening. The mediator is just a facilitator and is in no capacity to render a resolution to the dispute at hand. The parties themselves are responsible for fashioning the solution as the mediator takes them through the process. In most cases, the mediator is usually an attorney but cannot offer legal advice while acting as a mediator.

What Is Mediation And What Are Its Benefits?

mediation

To Parties

There are many reasons why parties to a dispute would choose mediation over conventional litigation or other means of dispute resolution. Some of these reasons include the affordability, the time resolution, confidentiality, private sessions, participation in dispute resolution and in many instances preservation of interrelationship between disputing parties.

The overall cost of mediation is much lower than the total cost in money and time for the litigation of a dispute in court. A mediator’s hourly rate is often lower than that of a lawyer. The ability to come up with resolutions to any dispute is another reason why many people would go to mediation. All the parties are normally empowered to handle their differences in workable terms so as to have a win-win solution. In most cases, this promotes healing in instances where one party was tremendously aggrieved or lets the parties proceed with their personal, employment or business relationship.

To Attorneys

Mediation gives attorneys the opportunity to improve case management, case resolution, and client satisfaction. An employment discrimination dispute could take years to litigate. A personal injury case, on the other hand, can be mediated in just weeks after submission of all documents.

Suing A Company And Finding The Best Lawyer For Your Case

Posted on by Kyle Larson / Posted in Hiring a Lawyer

attorneys for suing companies

Finding a Lawyer to Sue a Company

Do you have a problem with a company? Are you an employee who wants to sue your employer for harassment or discrimination?

Suing a company may be confusing for you. It can get even more complicated when you’re not sure with your reason for suing them and when choosing a lawyer that is best for the job. But with the right lawyer, everything should eventually fall into place. The right person should be able to give you advice for your case, discuss the next steps of the process and will make you understand what may happen after your case.

Having the right lawyer increases your chances of winning your case while experiencing less stress along the way.

Reasons to Sue a Company

  • The Company Knowingly Made A Mistake

If you noticed that a company knowingly made a mistake and resulted to aggravating you or anyone, then it could be a sign to sue that company. If you’re not sure about your proof, don’t hesitate to consult a lawyer and he will tell you if it’s enough to prove the company’s mistake.

  • Company’s Negligence

A company’s negligence can do harm to other people in so many ways. It may not be limited to its employers but also to their customers. If you notice that their negligence causes injuries to you or to a loved one, it’s a good reason to sue them for it.

  • Deception

Proving that the company deceived you in any way may be hard to prove. But having a great lawyer by your side will be able to establish guilt beyond reasonable doubt.

Settlements with a Company

Receiving a settlement offer

If a company offers you a big amount of money to settle the problem, it’s a good indicator that your case is valid (But cases still vary). Most of the time, it is good to continue your charges to bring the public’s attention to the company’s mistakes.

Breached Contract

Contracts are written agreements between you and the company. This implies that both of you are agreeing to the terms and conditions of the contract and are going to comply to it. If a company fails to obey the contract, you can sue them for it especially if it harmed you in some way.

Finding a Lawyer to Represent You

Who Is The Best Lawyer For My Case?

Your can narrow your list of prospective lawyers by looking at their biographical information. Law firms have their websites now and you can look up a lawyer’s name and see if he or she has experience in the area of law that you need or if she handled several cases like yours before.

If you have a lawyer in mind that you want to hire, you can ask your friends or workmates if they know this certain attorney and what their opinions about him or his firm are. To know if this lawyer is a good one, you can check newspapers if he or she handled previous cases really well.

It is also important to know if the lawyer speaks the same language as you and if he or she is appropriate for the job. Depending on your case, there are several types of lawyers than can help you with your case. Here are some subspecialties of lawyers that you can hire:

-Business
-Securities
-Employment
–Wrongful Termination
-Unemployment
–Consumer Protection
-Civil Rights

Knowing your rights is important. Don’t let companies get away with their mistakes or wrongful doings that harmed you in any way. If you’re in doubt whether to sue a company, these tips are a good sign to consider filing a case and with the lawyer to guide you along the process, you should feel comfortable heading into court.

The Difference Between Arbitration and Mediation

Posted on by Kyle Larson / Posted in Arbitration

arbitration and mediation

All About Settling Legal Disputes Out of Court

Many courts have options in place to keep people out of the courtroom and help to settle disputes in other ways. These are called mediation and arbitration.

Arbitration and mediation are very similar. They are an alternative means to regular litigation and often used in conjunction with a litigation. Sometimes the courts will give couples the option of using arbitration or litigation during a divorce proceeding to see if they can’t come up with an agreeable solution to dividing their assets.

A mediator’s job is to listen and help facilitate the negotiations between the two parties. In an arbitration, the arbitrator’s job is to ensure that the couple comes to an agreement.

Facilitators and Panels

Both proceedings employ a third party that will be the facilitator. This person oversees the entire process and helps the couple to talk things out. Mediation is non-binding and arbitration is a binding process.

In short, arbitration is a means in which to avoid litigation or court proceedings. The very process of arbitration or mediation may be voluntary or it may be compulsory (required by the courts).

It’s not at all unusual for arbitration to be done with a panel of arbitrators. They will assume the role of judge and make appropriate decisions depending on the evidence that is presented to the arbitrator. They will also give a written opinion. Decisions are made by the majority rule which is why there are usually three arbitrators to a panel.

A mediator, on the other hand, will typically just sit in on the discussion and help to move things along by gently nudging both parties to talk things out and come to an agreement. They assist in helping to facilitate the discussion and ensure that the couple doesn’t get hung up on little details nor sit and argue about things that don’t pertain to the case.

Reduced Cost

By using arbitration and mediation, the cost of court dockets and trials is greatly reduced. It’s far more cost-effective to use arbitration and mediation than it is to tie up the courts in arguing over who gets what.

Mediation has a very high success rate as both parties are in an environment where they can present their side of things to an uninterested third party that will help them to put things into perspective. It’s an ideal way to limit the issues and keep them in their proper perspective. Since it’s a neutral location, both parties are much more likely to sit and listen than to stress over who gets what. It reduces hostility and helps everyone to see things in a more clearer light.

A Pre-emptive Strategy

One advantage to mediation is that it can be used for anything, there is no need to wait for a lawsuit. This can stop huge issues before they become huge.

Mediators are not allowed to give any legal advice under any circumstances. All participants will be told this right up front and if any legal advice is desired they will have to seek the advice of an attorney.

Everything You Need To Know About Arbitration

Posted on by Kyle Larson / Posted in Arbitration

all about arbitration

What Is An Arbitration?

If you are worried about litigation costs, court congestion, and delays in your case, then an arbitration will be able to solve your problem. Without having a civil court lawsuit or trial that can give negative emotional impact to you, this alternative dispute resolution technique can be a great way to settle your case.

Compared to a trial, an arbitration is a less formal way of dealing with a case. In this arrangement, an arbitrator is hired by both parties to judge and make final decisions. This decision is non-appealable and can only be appealable in certain circumstances. An advantage that an arbitration gives you is that you can choose your judge and when and where you want the case to be heard which is not possible when you have a court trial.

The Pros Of Having An Arbitration

-Arbitration will cost you less than litigation. The process is also shorter and informal.
-Both parties have control over the selection of an arbitrator.
-The hearings of an arbitration are private and the results will not be a part of a public record.

The Cons Of Having An Arbitration

-The evidence process is informal in an arbitration. This means that sorting out the evidence mainly depends on the arbitrator’s skills and experience. An arbitration also has no interrogatories or discovery process.
-No formal appeals process. Since an arbitrator’s decision is non-appealable, you may not be able to protest his decision unless you can prove that the arbitrator was biased or acted with malice.
-Because arbitrations are private hearings, it can be a disadvantage to another party.

How To Start The Arbitration Process?

The arbitration process starts with a party sending a letter that demands an arbitration. The opposing party should send a response also in writing that will indicate if they believe that the case is arbitrable. After this, the parties will then choose an arbitrator or a panel of arbitrators for the dispute.

The process of arbitration is almost similar to a trial where the parties will make an opening and closing arguments, will present testimonies and witnesses and documents. Evidentiary rules are not applicable to arbitration.

Different Forms Of Arbitration

Compulsory Arbitration

Public employees in the United States such as police, teachers, and firefighters are required to participate in an arbitration to negotiate the terms of their collective bargaining agreements. This kind of arbitration is used to prevent a strike that might affect the public. This is also called a binding arbitration because the decision made in this kind of arbitration is binding and final.

Court Annexed Arbitration

In this kind of arbitration, the parties will have the right to bring the case to a trial if they are not satisfied with the arbitrator’s decision. Court annexed arbitration will also require the parties to arbitrate instead of voluntarily participating in the process.

Deciding whether to have an arbitration, mediation or a trial can be very tricky and difficult. Conflicts may also occur especially if both parties can not decide or agree with one decision. But having enough knowledge on the pros and cons of an arbitration and the steps that should be taken for it will help you weigh in your decision. 

The Different Types Of Arbitration

Posted on by Kyle Larson / Posted in Arbitration

forms of legal arbitration

Which Arbitration Do You Need?

Arbitration is a method that is commonly used to settle legal disputes. This option is available if both parties agree to it. A written contract usually needs to be signed to state that both parties agree to arbitration. The contract usually includes details regarding when arbitration will be made and which issues it will address. These are the different types of arbitration used to resolve conflicts.

Interest Arbitration

This process consists in having a neutral party listen to both sides and review the facts. The arbitration is based on the facts that were found. The purpose of this type of arbitration is to determine if one of the parties has been wronged.

Grievance Arbitration

This type of arbitration is used when there is a complaint regarding the violation of a contract. A neutral party will review the facts and the contract to determine whether or not the terms of the contract have been violated by one of the parties.

Statutory Disputes Arbitration

The purpose of statutory disputes arbitration is to determine whether a specific case falls under a label such as discrimination. The outcome of this type of arbitration will determine how the case is processed.

Pendulum Arbitration

This is a type of arbitration that is often used in industrial and commercial disputes. A pendulum arbitration presents the arbitrators with two possible options. The neutral party has to determine which position is the most reasonable and choose one of the two options. This process is also known as baseball arbitration.

Night Baseball Arbitration

This type of arbitration is similar to pendulum or baseball arbitration. The only difference is that the arbitrators are presented with the facts without knowing about the identity of the parties on the two sides of the dispute. This process allows the arbitrators to make a neutral decision without being influenced by who the two parties are.

Bracketed Arbitration

This type of arbitration allows the two parties to settle for the minimum amount of reparation determined by the arbitrators. Both parties can agree to a bracketed arbitration in advance for cases that involve a financial reparation.

Legally-Binding Arbitration

This type of arbitration is often agreed upon in advance as a contract clause. The outcome of this type of arbitration replaces a litigation and both parties might have to perform specific actions as a result of the arbitration. The decision can be enforced by a court of law if both parties agree to this term prior to the arbitration.

Nonbinding Arbitration

There are no legal obligations associated with this type of arbitration. Nonbinding arbitration can be a way to settle conflicts without going to court. The purpose of this type of arbitration is to find a resolution to an issue.

These are the main different types of arbitrations. If you are thinking about settling a dispute with this method, you should reach out to the other party and determine what kind of arbitration would be most relevant for the dispute you want to settle.  

When Do You Need To Hire A Lawyer?

Posted on by Kyle Larson / Posted in Hiring a Lawyer

when to hire a lawyer

Knowing When You Need an Attorney

It can be hard for people to determine when they need to hire a lawyer. If you aren’t used to working with a lawyer, you may be reluctant to hire one at all.

These guidelines will help you to determine whether or not you need the assistance of a lawyer. Here are a few scenarios in which you might want to hire a lawyer.

When You Want To Know If You Have The Case

You don’t need to know you have a strong case before you go to a lawyer. In fact, you can talk to a lawyer even if you’re not sure you have a case at all.

In most cases, a lawyer will offer free consultations to potential clients. If you call a lawyer and set up a consultation, you’ll be able to talk to them about the specifics of your case. You can decide where you would like to go from there.

When You Are Being Taken To Court

Is someone suing you? Have you been accused of a crime? If you are being taken to court, you are probably going to want to hire someone that can represent you. You won’t want to face these challenges on your own.

People that are facing criminal charges will have the opportunity to use a court appointed attorney. However, these lawyers aren’t always able to do a lot for their clients. You’ll have a much better experience if you work with a lawyer that you have hired.

When You’re Signing An Important Contract

If you have to sign a very important contract, you are going to want to make sure you are comfortable with what you are agreeing to. After all, the contract that you are signing is going to be legally binding.

If you sign a contract, you shouldn’t just read it over on your own. You should have an experienced lawyer look over the contract for you. A lawyer will be able to recognize any and all issues with the contract. They may also be able to draw up a brand new contract for you.

When You Are Dividing Up An Estate

If someone in your family has passed away, and you are dividing up an estate, you should bring in a lawyer to help you through the process. Since the lawyer is an impartial party, they will be able to do a lot to help you.

Hiring a lawyer is the best way to get through this difficult time. Having an attorney can be especially helpful if the deceased party had a lot of assets. They will ensure that those assets are distributed in the fairest possible way.

As you can see, there are plenty of situations in which you might want to hire a lawyer. If you are in one of the situations listed above, you should definitely be talking to an attorney. Meet with a lawyer and find out whether or not they will be able to help you.

Looking At Corporate Law Disputes

Posted on by Kyle Larson / Posted in Corporate Structures Law, Litigation

legal disputes and law suitsUnderstanding Implications of Legal Disputes: There’s no denying that the business world can be a competitive place, and you don’t have to be part of a large business to be involved. There are rules, regulations, and contracts for the business-consumer relationship, business to business work, or even among partners or people within a business. Many partnerships sometimes hit a snag and even within an LLC there are times that a disagreement can go well beyond mediation especially if individuals who are in disagreement lash out before getting matters settled.

So what happens when there are serious disputes that involve corporate law? Civil suits aren’t just for small claims court. The truth is that there are many situations where legal action might be necessary. These corporate disputes often take serious legal work by attorneys and trials may happen with a jury or they may happen in front of a judge, the details matter in the case before figuring out which way it is likely to go.

There’s a lot to be said about corporate law disputes but the most important part is to understand that because of the unique details and situations around most businesses and conflicts, the precedence behind these cases is constantly being built which makes it extremely important to have a solid legal team since the arguments being made might be far more important than any cases that have come up in the past.

The team with the better lawyers usually wins and this is especially true when it comes to corporate law.

In Conclusion
When it comes to corporate law disputes, it’s hard to know exactly how the case is going to be handled or what specific type of court until the details of each individual case are reviewed. There’s a lot taking place in corporate law and staying on top of the most recent cases can be very illuminating as to which way certain types of cases tend to be trending.