Aug 18 2014

The Life of a Divorce Lawyer

A divorce lawyer is a legal expert who deals with matters pertaining to divorce such as divorce itself, dissolution and annulment. Most of the divorce attorneys are family law practitioners, concentrating in a wide range of issues related to family and marriage. If you are in the process of separation, it is advisable to hire the services of an attorney who has knowledge with the entire process, to ensure that all your legal rights are protected and help come up with an amicable settlement.

Divorce AttorneyOne of the major responsibilities played by a divorce lawyer is to draw up the divorce papers when requested to do so by one of the parties involved in the divorce process. In some cases, couple may agree to divorce, thus approach an attorney together to request for legal assistance, but when there are some contentious issues, only one party may approach the lawyer. The petition for dissolution can then be given to the other party after being written and signed up by the person asking for the divorce.

Another key responsibility involves moderation of a settlement if couples agree to have their marriage dissolved. Some of the issues involved in the settlement include discussion on child custody, how the assets are to be divided and any other issue that may arise. A lawyer may also be involved in enforcing a prenuptial agreement or engaged in other matters involved in the divorce process.

If the divorce is contentious, then an attorney may represent the client in a courtroom and in the family courts that are responsible for handling issues related to family such as child custody or adoption. The lawyer may also be involved in setting up an agreement at the beginning of a marriage to ensure that in case the marriage does not end up well, the ground for divorce will be already in place.

Aug 18 2014

Is Toxic Tort A Good Career Move

Toxic TortDealing with toxic tort can be very challenging. Toxic tort lawyers deal with cases handling issues of exposure to pharmaceutical toxic chemicals and occupational exposures. These can be in the form of consumer products, products at home, work and environment. There are many toxic tort cases with occupational connections following industrial exposure to toxic chemicals with the major laws arising from exposure to asbestos. However, there are numerous chemicals used in industries and workers face the risk of exposure to varieties of chemicals. This is contrary to the case of the general population, which faces a smaller risk of exposure to trace chemicals found within the homes, offices and environment. With the great risk of developing diseases following exposure to chemicals, industrial workers need protection and legal representation to help them through with their cases of toxic exposure.

Legal representation requires the input of toxic tort lawyers. As a lawyer, you need to understand the legal requirements for a substance to be toxic. At the same time, there must be understanding regarding the situations where toxic cases arise. You must know the person to sue, have special evidences to prove that there was toxic contamination and the type of damages to claim for the plaintiff. As a toxic tort lawyer, you need to be capable of making a valid claim regarding the effect of the toxic chemical exposure such as injury or disease.

There are claims, which a toxic tort lawyer brings to the court on behalf of groups of people known as class action. This can be a situation where as a lawyer; you need to clambake claims about the exposure of chemicals on a group of workers as in the work place. Another instant may be through the concerns of people coming from a common neighborhood claiming possible contamination of groundwater out of damping of factory chemicals along a river source.

The claims of toxic torts and their defenses come from four main categories. The first one is occupational exposure whereby workers get exposed to harmful chemicals while at work. Pharmaceutical drugs also form another category that present toxic tort cases especially on occasions when they present undesired side effects. Exposure in homes is another issue that raises toxic tort law suits especially on exposure to substances such as molds. The last scenario is exposure to chemicals when using consumer products such as pesticides.

As a toxic tort lawyer, you need to know the variations regarding the aspects elements to be proven by a plaintiff. These are dependent on specific legal theories applied such as on the danger posed by the substance, the harm caused by the product on the plaintiff and the proof of exposure to the product. Toxic tort lawyers must prove causation, present evidence and base their claims on scientific evidence to prove validity of their cases regarding toxic exposure. You need to have scientific linkage of the dangers of the chemical exposure to the presented evidence of damages on the plaintiff. Through accuracy or presentation of evidence, it is possible for toxic tort lawyers to have success in their cases.

Aug 18 2014

Defending Your Client’s Intellectual Property

Intellectual Property DefenseThe role of a trademark is to make it easy for consumers to distinguish between different competing companies. Trademark is part of the intellectual property which is protected by law. Protection of intellectual property encourages creativity and new innovations. People are often stimulated to come up with new idea as long as they are assured of protection.

Trademark lawyers in United Kingdom are recognized as attorneys under the Legal Service act (2007). They are recognized as lawyers who have specialized in intellectual property specifically in trademarks. They have been given the right to stand before the court to represent their clients on issues concerning trademarks.

That is why there is need to have a trademark attorney who performs the functions below;

Trademark lawyer has a wide spectrum of knowledge on phrases, words, and symbols used by different business entities. Trademark lawyer guides you through the whole process of trademark application. He tells you the cost of registering a trademark and how to trademark a slogan or a logo.

Trademark lawyer ensures that your registration process is complete by ensuring that you meet the requirements of United States Patent and Trademark Office (USPTO). He writes briefs on any objection to register your trademark. Additionally, trademark lawyer carries out advisory role on the design of your trademark.

Additionally, a trademark lawyer will check if there are any risks involved in registering a certain logo or slogan. This violates the rights of certain business entity. One should ensure that your trademark is original. Using someone else trademark is prohibited by law.

In cases of dilution, the trademark lawyer represents the defendant or the plaintiff. Here, he acts as a lawyer by law and can stand before the court. He is present in the court proceedings and prepares paper work to facilitate the discovery process. His knowledge on intellectual property ensures that he secures exclusive rights for his or her client.

Jul 20 2014

How To Become A Lawyer In Florida

The legal profession is a challenging and exciting profession because it gives you an opportunity to exercise your mind, help ordinary people and earn a good income. However, becoming a Florida lawyer is not as easy as many people think it is. Learning The LawIt takes hard work, patience and a lot of dedication. Many people embark on this noble journey but only a few of them make it to the end. You can make it if you prepare yourself for what lies ahead. For instance, take a keen interest in logical arguments and legal terminologies. Research on universities and law schools within Florida that can equip you with the knowledge and skills you need to become a lawyer in this great state. You should develop skills in communication, research and analysis because these skills will help you in court and during legal negotiations. Here is some more information on what you need to do for you to become a Florida lawyer.

  • How Long Does It Take?

Becoming a Florida lawyer takes about eight years. First, it begins with four years of a bachelor program that focuses on humanities and social sciences. You can also focus on specialized areas e.g. finance if you want to become a tax or accounting lawyer. The next hurdle is the Law School Admission Test, popularly known as LSAT. This is an important step because law schools approved by the American Bar Association only accepts students who have completed this Test. You will then join a law school where you will study law for three years. You will study various courses during your first year such as torts, civil procedures, legal writing, constitutional law and contracts among other courses. You will then study specialized legal areas during the remaining two years of law school. These specialized areas may include criminal, tax or corporate law. The final hurdle would be the bar examination that will take you a couple of months to study for and then a couple of months to receive the results.

  • How Much Does It Cost?

The cost of learning law varies with various law schools. This variance is greatest when you compare state sponsored law schools and private law schools. However, the average cost of learning law across all law schools should give you an idea of how much it costs to become a Florida lawyer. In 2008, the average yearly tuition for a student in a Florida law school was $16,836 while the expenses associated with learning in this type of school added up to $12,838 annually. This means that it would cost a student over $29,674 annually to enroll in a typical law school, adding up to $89,022 for the entire law program at the law school.

Jul 20 2014

5 Steps To Becoming A Good DUI Lawyer

A DUI Lawyer is simply an attorney who represents a person suspected of driving under the influence (DUI). Some states may refer to him as a DWI (driving while intoxicated), or even OVI (operating vehicles while intoxicated) lawyer. His role is to defend the client against all charges. The accused may end up being exonerated from all charges. Alternatively, the hefty fines, community service, and jail term may be reduced. To following factors are essential for anyone aspiring to become a competent lawyer.

1. Law Degree

The first step is always getting a degree in Law. Initially, you are required to have a bachelor’s degree in any field. However, there is always a strong inclination towards criminal justice or related degree. Later on, you will enroll in a School of Law to get the Law degree. Usually, the Degree is slated as a Four year course. But, the final year is usually spent on internship.

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2. Internship/pupilage

After completing the required units in the degree course (takes 3 years), you will be expected to put what you’ve learnt into practice. This entails getting in touch with a law firm and gaining first-hand experience. Although any firm will do, it’s always recommended to search for firms that are well versed in dealing with cases concerning driving while intoxicated. You will only graduate or be awarded the degree after completing the internship.

3. Admittance to The Bar

Upon graduating with a degree in law, the next step is being admitted to the bar. This basically means that you have been approved and allowed to practice law. The bar exam tests your proficiency and skill in applying the law or making a presentation. A DUI Lawyer who isn’t in good terms with the bar will always find it challenging to practice. Fortunately, most Law schools will provide the necessary information pertaining to the bar examination.

4. Exposure to the System

To become a good DWI attorney, it’s vital to have broad experience. This can only be gained through representing or defending many clients. This not only improves your portfolio but also makes the clients trust in you more. Also important is familiarizing with the DUI laws in different States. The rules will vary and will keep on changing from time to time. Having the latest information also makes it easy for you defend different clients.

5. Organizations and Associations

A lawyer should always strive to keep abreast with the latest development. Also, he should always seek guidance and counseling from other more experienced attorneys. This is achieved through joining associations and groups. Every state will have an association where lawyers engage with one another.

Good education, training and hands-on-skill is necessary for you to become an effective lawyer. In fact, modern clients have become more demanding and full of knowledge. They will expect nothing short of excellence. They will even go a step further to ask for references on any past cases you’ve dealt with. You are more likely to be hired if you’ve handled many cases on DUI. Therefore, as a DUI Lawyer, it’s always important to keep upgrading your skills so as to match the market.