Skip to main content

The myths regarding domestic violence

Often people don’t understand that they are facing domestic violence at home as domestic violence is not only limited to physical assault and can include verbal, emotional, and sexual abuse. Here is a list of some of the misconceptions associated with domestic violence.

Domestic violence is always physical – Domestic violence can be emotional, psychological, verbal, and sexual. Often the abuse starts off as subtle and then escalates in severity.

Drugs and alcohol cause domestic violence – Drugs and alcohol can worsen the violent behavior as they lower inhibitions since many people consume these substances, and are not violent. Therefore, these substances are not the cause of the problem.

Domestic violence is uncommon – According to statistics one in every four women and one in every seven men are victims of domestic violence. As women have become more financially independent and know their rights, the cases of domestic violence have

Both parties share responsibilities in domestic violence situations – In many cases both parties are involved in the physical fight.

No one can stop domestic violence – People believe that the violence against women comes naturally to a man because they are more aggressive than their female counterparts. However, research indicates that men who are violent against women are men who have witnessed such situations in their families.

Domestic violence is a private matter – Domestic violence is not only a matter for the couple to solve. It is one that family and friends should show their support, by helping both parties mend their ways or help with professional assistance.

Litigation holds, what you need to know

A litigation hold is a directive from a body of law or authority to preserve certain documents matching a certain criterion, due to a pending investigation. Lawyers will get letters which state a “Litigation Hold Letter” or “Litigation Hold Notice,” both of which mean the same thing. However, you should also make your IT personnel aware that they must preserve certain documents

Triggers

Sometimes some events should trigger an instinct to preserve documents. Even before the lawyer sends a request to hold certain documents, if there is the word of a lawsuit or pending litigation, advise your technical department to immediately put litigation holds on the people you suspect are involved.

Time

You, the lawyer, and anyone else associated with the pending legal proceedings are all liable for sanctions if there are any delays on the part of preserving evidence. If due to a delay, key evidence is no longer available, everyone concerned is liable to sanctions and even charges like contempt of court. An important point to note is that the technology that powers email, document storage, and communications should allow indefinite holds.

Collect everything

Do not just put holds on emails. Consider the scope of the request to include all data within the time frame in the letter. This could mean everything from data storage, travel data, and even printed documents that the person in question submits to other departments.

Five tips to help you run a successful dental practice

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

Disruption claims and delay claims under construction law

A construction project can be complicated since there are many parties involved in one single project. Most projects will include numerous owners, contractors, subcontractors, suppliers, and laborers to help create a building that meets all federal, state, and local regulations.

If a construction project gets delayed in one area, the problem can snowball into other areas of the project causing expensive equipment to be left idle, and manpower left unused. Often litigation is used when delays occur, and they are broadly categories as disruption claims and delay claims.

Delay vs. disruption – Delays are considered as single acts or events that cause conditions that cause the project to be delayed as initially planned. Disruption, on the other hand, can include the effects of a single problem or multiple other delays, and can also include interruptions to the supply line and other work activities. Both categories are linked as delays can lead to disruptions, and disruptions can lead to delays.

Making claims – To make a claim it is essential that parties are aware of their contract. To ensure your case is strong it is advisable to meet with a construction lawyer who will be able to determine if the claim is worthy, based on the delay or disruption. An experienced construction lawyer will be able to identify the end dates of individual projects and how the delay or disruption affects the construction plan.

Written by Lyle Charles. An expert in commercial and residential construction and managing construction delay claims.

How to say no to a police search of your vehicle?

Law enforcement officials can often intimidate citizens into voluntarily giving up their rights because police are trained to show authority when they interact with the public. Usually, if a police officer confronts a person, most people will experience nervousness, discomfort and become abnormally anxious.

However, it is essential that citizens understand their rights and what they are giving up when they conform to the requests of an officer. If a police officer stops you at a routine traffic stop, he has the right to check your driver’s license and your registration. The officer may then ask you if you have any illegal weapons or drugs in your vehicle. If you say “no” then the officer might ask if he can check your trunk. However, you can say “no” to this request, because legally the officer cannot force you to do something against your will. However, refusing to comply may result in resisting arrest offense.

Sometimes police officers will push citizens to accept their request for a vehicle check. However, saying that you do not consent to a search without a warrant, should make it clear to any officer that you are aware of your constitutional rights.

Although you may openly speak your displeasure, the officer may charge you with resisting arrest. But in most cases, the officer will try to continue to convince you to comply voluntarily. Your police officer can, on the other hand, ask you questions, look through your window and walk or drive in public areas.

What is an alibi and how it works?

An alibi is evidence that proves that the defendant in a criminal case was somewhere else when the crime occurred. The defendant will have to rely on a witness or evidence (camera footage) that he or she was at a different location at the time of the crime.

Although a defendant may have an alibi, they may choose not to testify personally, because they can be charged with other crimes if they are questioned further. In other instances, testifying may put the defendant at risk of the prosecutor attacking the defendant’s credibility and even highlighting prior convictions. Once a jury believes that the defendant may be lying, it can be difficult to change their minds.

However, the defendant offering the alibi as a defense will not assume responsibility to verify the alibi. This task rests on the prosecution and will require finding the defendant guilty beyond reasonable doubt. However, the judge and jury will weigh the credibility of the defendant with the evidence put forward.

Most states will require the defendant in criminal cases to disclose information and an intention to rely on an alibi as evidence at a trial. The process is called “discovery” and will provide prosecutors the opportunity to investigate the validity of an alibi and to prepare to undermine its credibility.

If you or someone close to you is charged with a crime, it is best to speak to an attorney who has experience in handling criminal cases.

What happens if I am not read my rights?

If a person is not read his/her rights before being questioned, any evidence obtained from the suspect may be inadmissible as evidence. Here are some details that you should consider.

The Miranda Rights have to be read to a suspect before they are interrogated. They are as follows “You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.” If a person is not in police custody, these rights do not have to be read.

If arrested, you should ask for clarification before speaking to an officer. You can always leave the station if you are not under arrest. For some reason, if the officer does not let you leave, you can ask for an attorney before answering any questions. You cannot be under arrest for not answering questions. If you are under arrest, an attorney will advise you to remain silent, until you have spoken to your attorney in private.

If you or someone you know under arrest, advise them to speak to an attorney first. If you have been read your rights or not, speaking to an attorney will give you a better chance at trial.

Entertainment Law: Breaking Down the Billing Aspect of Secondary Markets

Article submitted by Barry K. Rothman.

Early on in one’s career, an entertainment attorney must establish proper guidelines of conduct within early in their careers. Many contend that there is something special and unique about having an artist-lawyer relationship within the entertainment industry. However, those that have practiced in the entertainment industry for a long period of time know that this relationship cannot stem past a client-attorney relationship. Failure to follow this can lead to fiduciary responsibilities that the artist owes to the client.

Billing Concerns

All attorneys that are starting in the entertainment industry are going to be faced with the issue of how to bill their clients that cannot afford to pay your current ongoing rate. Now, unlike most traditional lawyers, attorneys that work in the entertainment industry can create varying fee arrangements with their clients – this can actually work to your benefit. However, in certain instances, nontraditional arrangements can also lead to a breach in both professionalism and ethics if not handled carefully. Be sure that you and the client both agree to a contract that he or she must legally be bound to prior to signing the contract.

Percentage Fee Arrangement

One of the most current forms of billing is to take a percentage fee arrangement from their clients. Now, these structuring fee arrangements require you to be extremely attentive throughout the process. Attorneys that are starting out in the entertainment field must develop acceptable fee and billing practices from a professional and ethical perspective. Remember, your career is on the line when you break tradition so be sure that you understand what structure you are going with and whether or not it’ll be beneficial for you in the long run.

Article submitted by Barry K. Rothman. Just by looking at a few Barry K. Rothman reviews online, you’ll notice how much of an impact Barry K. Rothman has on his clientele and past cases. Contact his firm today to see how he can help you.

What is fraud law?

Article written by Barry K. Rothman

Fraud law addresses issues with people wrongfully obtaining money, property, or other benefits by dishonesty. Fraud is considered a felony and can mean a conviction of one year or more years in jail. Other penalties can also include fines, victim reimbursement, and community service. If the case is heard in civil court, usually the plaintiff receives compensation in the form of money. Here are some key areas to be considered in fraud cases.

Fraudulent Intent – To prove the defendant has been fraudulent the victim’s lawyer has to prove that the defendant intended to defraud the victim. Most often fraud cases will not have direct evidence that the defendant had intent.

Common types of fraud crimes – The most common types of fraud cases heard in US courts are check and credit card fraud. Check fraud cases involve the defendant writing a check and the account not having sufficient funds, causing the check to bounce. Most often first time offenders will only have to pay a modest bank fee. However, repeat offenders can be convicted, resulting in jail time. Credit card fraud occurs when someone uses a person’s credit card to make a purchase. Often cards have been stolen, or the credit card number obtained when a purchase occurs. Other forms of fraud include counterfeiting, money laundering, prize fraud, investment schemes and mortgage scams. Nonfinancial fraud also includes romance schemes and identity theft. Each year more unique methods of fraud are developed, forcing new laws to be created.

Article written by Barry K Rothman. Barry K. Rothman provides skilled legal services to individuals in the entertainment industry. See Barry K. Rothman reviews to find out more.

 

Types of mediation

Construction mediation is a sensible option for some construction disputes, as it allows for parties to discuss issues and arrive at a solution in a shorter time compared to arbitration. Here are some of the types of mediation methods that can be used by organizations.

Facilitative mediation – This form of mediation, uses a neutral third party who guides the negotiation The facilitator will help parties overcome deadlocks and encourage creative solutions. The main focus of these facilitators is to ensure that parties are aware of their underlying interest and their real issues.

Evaluative mediation – Evaluative mediation will involve a mediator who analyses the facts of the case and provides his/her view on the merits of the case. However, parties may not be willing to agree with the recommendations

Settlement mediation – This form of mediation, focuses on reaching a compromise between parties. The mediator will review priorities, until parties reach a compromise.

Therapeutic/Transformative mediation – This form of mediator will look at the underlying causes of the dispute and look at ways to settle the issue as well as improve the relationship between the parties. The process encourages parties to vent their emotions to learn why certain requests are made. Although this form of mediation is mostly used in family and social disputes, they have also been used for construction disputes to help foster a healthy relationship between parties.

Lyle Charles offers a wide range of mediators that will assist construction organizations to overcome their disputes and reach favorable settlements.