Five Things to Consider When Choosing the Right Attorney

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that at the time we most need an attorney we are least likely to be in the frame of mind to look for one. So, how should you sort through the mix of recommendations and names set before you when the situation presents itself and you must decide upon legal representation for one reason or another?

Research. Research. Research. Is the attorney you are considering in good standing before the State bar of whichever state you require representation? Has he or she been sanctioned or reprimanded for ethical or other violations? This information is generally public record on your state’s board of professional responsibility or state bar association website. Is he or she embroiled in any legal issues of his or her own that may affect or complicate their ability to represent you? Sometimes simply googling the individual will reveal more than you know.

References. Talk with former and/or current clients of the prospective lawyer to determine if they have had a good experience. Does the individual return calls promptly? Is the attorney someone they would use again? Did they feel the fee the attorney charged was commensurate with the services rendered? If applicable, was the outcome favorable?

Cost. What and how does the attorney charge fees? One of the most important considerations in deciding on legal counsel is the cost of the attorney’s services. Attorney’s fees can be very expensive and can add up quickly in lengthy and complex legal issues. Depending on your type of legal issue, an attorney may charge a flat fee, a retainer fee paid up front from which future billing is drawn, a straight hourly fee, or a contingency fee which is when the attorney is paid a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not get a fee. Keep in mind that even if you do not recover, you would still be responsible for costs other than attorney fees such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus his or her practice in the area of law you are seeking? Attorneys can advertise that they work in certain areas of the law but may not have worked many cases in that specific area of the law. For example, if you are considering hiring a lawyer to handle a car accident case for you, ask him or her how many other car accident cases he or she has handled. Ask how many of those cases were decided in favor of the attorney’s client. You may know an attorney who has been in practice for decades and who advertises that he or she does work in wills and estate matters as well as personal injury. But find out how many wills they have drafted. Do they simply dabble from time to time in that area or is it a true area of their practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So make sure you are getting someone who knows the area of the law and is up to date on the most current laws.

Appeals. If you are seeking an attorney for any legal issue that involves a court proceeding, then there is always the possibility of an appeal. Inquire about the likelihood of appeal in your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney does handle appeals, ask about the different costs associate with an appeal. Ask about the timeline of an appeal. If you are looking for an attorney to handle a legal matter that could potentially be brought up on appeal, better to have that same individual working the case from the beginning until the end than have a new lawyer take over in the middle. These consideration on the front end will save you time, money and frustration down the road.

When you choose an attorney you are making an investment, not only financially but an investment of your time. You should be well informed and use all the resources available to you when you make this important decision.

Getting Good Legal Advice

Risks and rewards drive choices. Legal questions also require an understanding of the gamble and rewards. In litigation, for example, you often take your chances with the random assignment of a judge. The judge may manage her courtroom strictly or loosely, or she may be known to rule impulsively. Risks can include the likely jury composition based on their values and outlooks. Another downside could also be the financial resources of the opponent. Those funds may be available to pay a sizeable verdict, but they are also available to defend the case aggressively before the case reaches trial. Or conversely, the opponent may go bankrupt at the end of the litigation.

Assessing risks and rewards is much like an underwriter evaluates a credit risk by assigning a credit score. No case is perfect, but when appraising it, the dollar amount marked as the “target” value should accurately incorporate both strengths and weaknesses.

A competent legal counselor will carefully review the law and evidence with his clients at various stages of litigation. This review is similar to a frequently used market valuation used in business, known as “SWOT.” The acronym is “Strengths, Weaknesses, Opportunities, and Threats.” This process is often run backward from a future time when a judge, arbitrator or jury will be making a decision. The process is always one of asking what evidence do we have and does the evidence satisfy the requirements of the law? For example, is this witness a convincing witness who will make a positive impression on the witness stand? Maybe the question will be whether a judge will allow evidence into the case, such as evidence in an age discrimination case that the employer has discriminated against older workers in similar circumstances in the past?

Sometimes the risk is that juries in a particular jurisdiction are known to favor employers or corporations and to be unsympathetic to lawsuits by employees. A good counselor will have information about the likely jury pool, judge, or arbitrator. He will also get information about what verdicts have been for similar cases in that jurisdiction.

An effective counsel will reassess risks and rewards as the case progresses, and as she obtains new information. Witness statements, newly discovered documents, expert opinions, and cash reserves can be reasons for a material shift in valuation.

All my clients must also evaluate their level of resolve to press on with the case to a conclusion by arbitration award or verdict. The opponent will use every available negative piece of information to discredit the Plaintiff. An aggressive adversary will try to frighten and humiliate a party with embarrassing facts, such as a past arrest or incarceration, addiction, a job firing or a psychiatric history. Often this information can be excluded from evidence, but the client must be resilient enough to accept that the other side will use these tactics to shift the focus from its wrongdoing.

Capable legal counsel will know and articulate the opponent’s arguments from the outset before the case is filed or served. Just as importantly, counsel must have the courage to weigh the evidence as it comes in by documents and witnesses and to tell the client the case may not be as air-tight as first thought. This candid reassessment is a service because it grounds the client in reality, and saves the client the time, emotion and effort of a protracted battle without the desired payoff.

In my office, we role-play. We as attorneys not only make the opponent’s case, but we play the part of the witnesses, seeing the battle through their eyes and with their emotions. We ask our clients to engage with us in this pre-trial drama, as if they were the opponent, telling the opponent’s view of things as the client will likely hear it from the witness stand.

In conclusion, legal counsel will guide his or her client to reach a target number for settlement. If that they cannot achieve that number, both attorney and client can feel confident going forward that trial is the best option.

Law Enforcement Investigator

When a crime is committed, it is essential to uncover all the evidence associated with it in order to find the culprit. It is the law enforcement authorities who make the arrest. But they require a complete analysis of the motive behind the crime, methods involved in committing the crime, prime suspects, etc. This can be done either in-house or professional private investigators can be hired. He is known as a law enforcement investigator.

Duties of a law enforcement investigator:

Interviewing potential suspects:

In order to find out who the actual culprit is, the investigator will need to interview various individuals associated with the crime. He will also need to verify the location of the prime suspects at the time the crime was committed.

Interviewing witnesses:

Investigations also include checking out if any witnesses can provide information that will help reveal the identity of the culprit.

Examining records:

The investigator will need to examine database and records to carry out background checks of people associated with the case.

Providing updates:

Regular updates will need to be provided to the police department regarding the progress of the case.

Maintaining records:

Records of the investigations will need to be maintained so that they can be produced as and when required.

Testifying in the court:

The investigator may be required to testify for the case in the court of law.

Let us see how private investigators help law enforcement authorities:

Gathering evidence:

An investigator collects sufficient evidence using ethical means. This is used by the authorities to press charges and make the arrest. This evidence may need to be presented in the court of law as well.

Manpower support:

Many a time the police authorities have too many cases to handle. In such cases, they hand over the responsibility of investigating certain cases to private investigators. They collect evidence, interrogate witnesses, etc. so that the authorities have time to pursue more important cases.

Different Approach:

Since a private investigator works with an approach that is different from that of the authorities, the case can be viewed from a different perspective. Moreover, they may be more experienced in certain types of cases than the authorities.

Interviewing witnesses and locating people:

Many people are not comfortable in talking to authorities. In such cases, the services of a private investigator are very useful. This is because they can locate and interview witnesses. They can easily serve warrants, subpoenas, etc.

In conclusion

Contrary to the popular belief that detectives and police authorities do not solve cases together, we see that a law enforcement investigator helps police solve complex cases.

How to Find Good Legal Services Abroad

Advancement in technology has made it quick and easy to set up businesses abroad. Whether the business functions out of a brick-and- mortar office or a virtual one, doing business on an international level has become the norm. Conducting business in a foreign country entails familiarity with the host country’s laws. The legal intricacies of international trading could be quite challenging, and without the right legal guidance, a business owner may well end up paying penalties and fines, and saddled with legal hitches. What does it take to find good legal services abroad?

Areas of Specialization

One of the travails of establishments operating in a foreign country is finding good legal services. Lawyers usually specialize in one particular type of law, or other related areas. A lawyer may generally work on immigration cases, while another one may be a tax specialist. Note that there are lawyers who only render advice to their clients, and not represent them to actual court litigation.

General areas of legal practice include: personal injury, criminal law, tax, employment and family law. It is best to choose a lawyer that specializes in one’s legal concern and one that has a firm foundation in the laws of the host country.

Different Types of Lawyer

Foreign Legal Consultants may be classified as lawyers working for international law firms based in foreign countries. These attorneys may advise clients regarding the requirements and conditions of the host country’s law, but they may or may not be licensed to practice law in the country where they are based. If court representation is needed, a licensed lawyer in the country where he works is required.

Solicitors and Barristers are specialized lawyers who may be practicing in foreign countries. Solicitors generally do not represent clients in court, but advise them, and may put together legal cases for barristers to take to court.

Notaries usually do the functions of attorneys, but depending on the country they practice, their job description may vary. Notaries may draft transfers of property titles and wills. In some countries, notaries are Ministry of Justice appointees and may act as administrators in estate settlements.

Where to Find a Lawyer

Searching for a lawyer in a foreign country is no longer too tasking. Overseas embassies and consulates of most countries have listings of local lawyers who have expressed their willingness to assist citizens of another country. For example, an American in Thailand may go to the U.S. embassy and he will be furnished with a copy of local lawyers willing to assist a U.S. citizen.

There are international bar associations with local chapters that could help foreigners with their legal problems. Most of these associations and similar organizations have standing agreements with accredited members in other countries.

Law firms maintain websites. This should make it doubly easy for anyone needing legal counsel to find a qualified lawyer through this mode.

Law schools have credible law professors who may be practicing or may know a practicing lawyer in his circle. If the legal advice and drafts are needed, senior law students could handle these requirements.

Surely local contacts could refer qualified lawyers to meet one’s legal requisites.

Considerations When Selecting a Lawyer

Before settling for an attorney, there are several points to consider.

First, it is to your benefit to ask the lawyer in consideration his qualifications and experience. You may ask the lawyer’s strategy and plan in representing you. It is not impolite to ask how much his retainer fees are.

Do not hesitate to ask questions regarding your case. As your lawyer, he is expected to explain every plan and activity in a manner that you can understand.

Be very careful when turning over documents and money. Make sure that your lawyer understands and can tackle your legal concerns in a manner that is satisfactory to you. See to it that the lawyer-client confidentiality clause in the foreign country meets your expectations.

5 Things to Consider While Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you’ve been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

The Top Business Lawyers Mean Business



The importance of hiring business lawyers


They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law







Limits of Human Laws

The evolution of man necessitates that he form communities where he can live in relation with his neighbors. And since human beings are of varied in nature, it became pertinent that each community must organize itself to take care of both the weak and strong, and therefore a legal system gradually evolved in each society based on the spiritual maturity of the people. But the more mankind fell from grace, the more removed the laws became from natural laws that govern all creation. Thus it is that these laws became so different from one community to the other, that what is unlawful in one country may be accepted in the next country.

This was possible because man, in his evolution, succumbed to the Lucifer principle of letting himself go, where they try to accommodate their weakness in their mundane laws. But in actual sense, there ought to be one law in existence, the law of nature, which, if all people chose to follow it, could manifest differently in different parts of the world based on the spiritual maturity of the people involved. But the intellect insists on discrepancy in the legal system, where arbitrariness rules. For example, the natural laws insist that whatever a man sows, that shall he reap. This the legal system ought to have followed up in their administration of justice, but it is not so. This is partly their fault and partly not their fault.

Take an example. A man commits murder. He is arrested and brought to court. Every evidence, real and circumstantial, points to his guilt. The judge has no option than to find him guilty and sentence him to death. But in actual sense, the Judge does not have all the facts. For one, the murderer is only an executor and not the originator. All over the world, far away from the seat of justice, people who have experienced similar issues like the ones that provoked the murderer may have wished their victims murdered silently. All these wishes rises up as thoughts to a power center where they are intensified. The murderer happens to be the person who was just in a position to execute his own action. So he drew strength from the power center and physically carried out the deed.Every other person involved in the thought are also guilty. But because we believe that thoughts are free, they cannot be tried. But in the eyes of Natural laws-some would say eyes of the Creator, it is one and the same-they are guilty and must reap what they have sown according to the Law of sowing and reaping.

Youth Employment Regulations

Youth of a nation is considered to be the future of the nation and therefore it is essential to guide them in the right directions and protect them from exploitation during work. Work according to law1 is defined as the human effort whether intellectual, technical or physical, exerted in return for a wage it may be permanent or temporary in nature. The federal law no. 8 of 1980 concerning the regulations of labour relations (hereinafter known as ‘the law’) provides for special provisions for the youth of the nation. Article 20 to article 26 of the law pertains to regulating the employment conditions of a youth and the present article evaluates and discusses the same.

First, it is important to understand who all come within the definition of the term ‘youth’. The term is not defined in the present law and therefore the general meaning of the term is to be looked into. In general terms, the term ‘youth’ means the phase of life which comes between childhood and adulthood. The age till which a person is said to be in childhood is not mentioned but article 86 of the Federal Law no. 5 of 1985 pertaining to the Civil Transactions Law of the United Arab Emirates State, a person enters the age of discretion at the age of 7 and further article 85 of the same law provides that a person in UAE enters the age of majority at 21 years of age. Therefore considering the age below 7 years as childhood and the age of and above 21 to be adulthood, the age of a youth should be between 7 years and 21 years of age.

The present article deals with the regulating provisions for the employment of the youth. Article 20 of the law provides for a minimum age for a youth to be employed, it provides that a youth of either of the gender must have completed a minimum of 15 years of age for being employed. Hence, the regulating provisions for employment of youth are applicable to youth between the age of 15 years and 21years of age. Employing a youth below the age of 15 years in the United Arab Emirates state would be illegal. Therefore article 21 of the law provides for measures to be taken by an employer to confirm the age of the youth before employing him/her. The employer is supposed to maintain a personal file for the youth and is under obligation to maintain documents giving proof of the age of the youth therein. The following documents have to be maintained in the personal file of the youth:

1. A birth certificate or an official extract thereof, or an age estimation certificate issued by a pertinent doctor and authenticated by the competent health authorities. (for proof and verification of the fact that the youth is of employable age)

2. A certificate of health fitness for the required job issued by a competent doctor and authenticated.

3. A written consent of the guardian or trustee of the youth.

Further, the law provides for the maintaining a special register comprising essential information about the youth at the work place by the Employer. The said register is to contain information regarding the name and age of the youth, the full name of the guardian or trustee thereof, the place of residence, date of employment and the work for which the youth is employed. The date of employment is to confirm that the youth when employed was of employable age. The work role of the youth needs to be specified as youths are allowed to do work only that is considered to be safe for them. Article 24 of the law provides that employment of youth in hazardous, strenuous or in such conditions that are harmful to the health conditions of the youth is prohibited. The circumstances and environment that are considered to be hazardous and harmful to the health of the youth are determined by virtue of a decision issued by the Minister of Labor and Social Affairs upon the consultation of the competent authorities regarding the same. Here only the physical health of the youth is taken into consideration but with effect of an amendment the provision for safeguarding the mind and the mental health should also be added in the present law as youth is an age where the mind imprints very fast and easily and hence it is essential to keep it away from unethical, immoral and illegal activities.

Further, the law provides for the duration for which a youth is allowed to work in terms of timings and number of hours. Article 23 provides that a youth can only be employed during day time but this provision is limited to employment in industrial enterprises. Therefore there is no restriction on employing youth during the night time at work places other than industrial enterprises. It also provides the meaning of the word “night” to be a period of twelve consecutive hours at least including the period from 8 p. m. until 6 a. m. Article 25 of the law limits the maximum working hours to 6 hours per day for youths. These working hours would also include intervals for rest, meals or prayers. The intervals together are to be for a minimum of one hour and can be more than that but never less than that. Also the interval or the intervals are to be set in such a manner that the youth does not work more than four consecutive hours and the youth is not to be kept in the work location for more than seven consecutive hours. Further the law also has enumerated provisions within itself against charging the youth with overtime or retaining him/her at the work place after working hours or making the youth work of rest days which includes Fridays and public holidays.

At times it is necessary for the development and rehabilitation purposes that the youth is made to work for longer hours or to attend work on rest days. For such cases the law provides a special provision for philanthropic and educational institutions, that they may be exempt from the above discussed provisions if the Ministry of Labour and Social Affairs thinks fit. This is not a rule but only a discretionary power of the Ministry of Labour and Social Affairs which shall take all necessary facts and circumstances into consideration before granting any exemptions.

These provisions are to be kept in mind by employers, their representatives, guardians and trustees of the youth. As article 34 of the law provides that they are and shall be partially liable for the following of the above discusses provisions of the law.

Occupational Health and Safety Industry Best Practices




Planning your Inspections






Do You Need a Real Estate Law Firm?

Buying real estate is a big decision and is typically the largest transaction most buyers and sellers will make. The sale and purchase involves complex areas of law that do not apply anywhere else. You are not usually required to hire an attorney to represent your interests in the transaction; most deals can be closed without one. However, it is a good idea to use the services of a real estate law firm in a property transaction, even though it may increase the cost. Here are just a few of the situations where it is particularly important to seek the services of a real estate law firm.

Short Sale

A short sale is the sale of real estate for less than the amount owed on the mortgage. In other words, the seller comes up “short” on the money to pay off the loan. It is always a good idea for financially distressed homeowners who are considering a short sale to seek the services of a real estate law firm.


Typically, there are four qualifications for short sale: The market value must have dropped, the mortgage must be in or close to default, the vendor must be suffering a financial hardship, and the seller must not have other assets that could be used to pay the full balance of the loan. If the seller has any assets that could be used to pay off the loan in full, the lender may ask the vendor to liquidate them and make a contribution to the payoff. Some states protect vendors against this, and some things are not considered assets. A real estate law firm will fully evaluate the vendor’s situation, determine if the vendor qualifies and give legal advice as to how to best protect any assets the seller may have.

Lender Approval of the Sale

Additionally, it is critical for an attorney to secure the lender’s approval for a short sale and to negotiate the most protection for the vendor. Without the approval of the bank, or without ensuring the vendor is adequately protected from the mortgagee in the future, the bank may be able to obtain a deficiency judgment. If a deficiency judgment is obtained, the bank can still pursue the seller in some ways for the amount the bank was shorted. The bank may be able to garnish the dealer’s wages, or pull money from the vendor’s bank account. Unfortunately, this means that the seller not only loses his property, but also his protection from the bank in the future.


Often, more than one person has inherited rights to real property. When inherited property is bought or sold, many questions arise. The first question for both sellers and buyers is usually, “Who can sell the property?” Many times, the answer to this question requires a thorough title search. Both parties may have additional questions. What if some heirs don’t want to sell it? Can the property be partitioned and sold? Can the non-compliant heirs be forced to “buy out” the heirs that wish to sell? A real estate law firm can assist any party in ensuring that the transaction has met all legal requirements and that their rights are protected.

Commercial Entities

Sometimes, one or more of the parties to the transaction is a partnership, corporation, limited liability company, or another type of business entity. There are certain formalities and filings that must be completed for any purchase involving an immovable, but there are additional requirements when business entities are involved. Business entities must file specific documents to protect their interests. Additionally, the entity’s charters and by-laws must be adhered to. The attorneys will understand the structures of the various business entities and will be able to protect you and ensure that the charters and by-laws are honored.