Category: Law Page 1 of 2

Why you need a car accident attorney

If you wonder how a car attorney can help you after an accident, you have come to the right place. A car accident attorney helps you through your settlement and covers the cost of medical treatment and necessary repairs.

If you wonder how a car attorney can help you after an accident, you have come to the right place. A car accident attorney helps you through your settlement and covers the cost of medical treatment and necessary repairs.

In case you are injured or suffered property damage in a car accident, an attorney can help you recover compensation and help you through this stressful process.

Having an experienced car accident attorney by your side will help you during this critical time.
 
What a car accident attorney can do?

It is a good idea to deal with the insurance company and settle your claim; however, an attorney can do some specific to reduce the complexity of your case. In general, a car accident attorney can communicate with other drivers, organize your medical records, communicate with your health provider, and negotiate with lien holders on your claim for a satisfactory settlement.

Let us go into detail about what an attorney does for you in case of a car accident.

Communicate with other driver’s insurer

Your car accident lawyer will communicate with the other party insurer for better compensation. The insurance adjuster has a pocketbook, and your lawyer must have good communication or a good relationship with the insurer.

Searching for evidence of liability

A reputed lawyer tries to obtain all the evidence to prove the liability in the car accident claim. Although there are photographs of your accident, the lawyer will search for more proof near the accident spot. Your attorney will make sure to get all of the accident reports in the case and will speak to the investigating officer, witnesses to obtaining evidence of liability.

Obtaining evidence of damages

A car attorney will try to obtain necessary evidence of damages significant in connection with a car accident. Although it is critical to obtain all documentation related to your injuries, it isn’t always easy to get your hands on those records and bills from a health care professional. Junior doctors may not have the time to respond to medical records, as large hospitals have specific procedures to follow. Therefore, your attorney will speak to the concerned medical officer to get the evidence.

Medical expenses

Your car accident lawyer will try to negotiate for a settlement that includes medical expenses resulting from your car injury. The medical cost includes hospitalization, medication, and traveling to and from the doctor’s office.

Loss of earning

Loss of earning happens as you are suffering from injuries due to a car crash. A reasonable attorney can help you determine the compensation you will get due to the loss.

Diminished earning capacity

The damage due to injury is massive, and you may suffer as you cannot sustain your livelihood. In case you are unable to return to your current jobFind Article, then diminished earning capacity can cover your compensation.

Negotiating the settlement

The lawyer will negotiate for the settlement on your behalf. An accident lawyer by your side is better than handle the case yourself. A good lawyer knows about the issue and knows how to work on the subject and conduct the settlement to get top dollar from the insurer.

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ABOUT THE AUTHOR

Akopyan Law Firm, A.P.C. is one of the leading law firms in Los Angeles, CA specializing in practice areas such as personal injury, employment law, age discrimination, constructive discharge, disability discrimination, emotional distress, family medical leave, meal and rest breaks, minimum wage, overtime, paid sick time off, retaliation, sexual harassment, tips tipped employees, whistleblower, wrongful termination, slip and fall, car ( www.akopyanlaw.com/personal-injury-law/car-accidents/ ), motorcycle, and truck accidents, wrongful death, etc. To know more, visit https://www.akopyanlaw.com/attorneys/.

Akopyan Law Firm, A.P.C. is one of the leading law firms in Los Angeles, CA specializing in practice areas such as personal injury, employment law, age discrimination, constructive discharge, disability discrimination, emotional distress, family medical leave, meal and rest breaks, minimum wage, overtime, paid sick time off, retaliation, sexual harassment, tips tipped employees, whistleblower, wrongful termination, slip and fall, car ( www.akopyanlaw.com/personal-injury-law/car-accidents/ ), motorcycle, and truck accidents, wrongful death, etc. To know more, visit https://www.akopyanlaw.com/attorneys/.

5 important ways in which a criminal lawyer can help you

A majority of the cases might be genuinely against the real culprits yet there are many cases in which the innocent are accused. The latter is not a new thing and we all come across such cases. The cr…

A majority of the cases might be genuinely against the real culprits yet there are many cases in which the innocent are accused. The latter is not a new thing and we all come across such cases. The criminal law system of Dubai is very strong that you can win the case and come out triumphant if you are accused wrongly. Having said that, you should also keep an important point in mind. The criminal law system is complicated as well and the procedure takes and that is why you will first need offline or online legal advice and the assistance of criminal lawyers in Dubai who are known for their years of expertise and skills in the field. You can easily shortlist criminal lawyers in Abu Dhabi and Dubai as these places serve as the hub for the country’s most eminent lawyers.

Top 5 Instances in which Criminal Lawyers can Support you

A triumphant victory is always possible with the right lawyer. Here are 5 ways in which criminal lawyers in Dubai can help you when charged for a criminal offence.

Supporting you Throughout Police Interrogation

The police in order to delve deeper and to get a better understanding of cases can call the accused for an interrogation session. During such sessions, you may not be very aware of what to say when or how to answer questions. Interacting with the police might not be very easy for you because your knowledge about your rights, limitations and the legalities behind the case is less. This where a criminal lawyer comes in. He/she can walk you through the case and provide guidance on how to respond during interrogation.

Being your Representative during Court Proceeding

A criminal lawyer can easily explain the various procedures involved in the criminal law system to you and even defend you in court with the support of strong pieces of evidence, law points and facts. With a criminal lawyer representing you in the court, the possibilities of winning the case are much more, especially if he/she has many years of experience in the field.

Providing the Right Evidence

Rules pertaining to evidence can be very difficult to get a hang of. A witness ought to be cross-examined in a manner which rightfully meets the requirements of the law or else the result could be unfavourable. A criminal lawyer knows how to handle and question witnesses in order to present legally supported arguments that are relevant and accurate.

Finding the Weak points in the Opposition’s argument

If you have chosen a lawyer with great expertise he/she can identify the weakness in the opposition’s case even before the trial happens. During the trial, the lawyer can identify arguments and evidence that are not permissible by law, point it out in the course of the proceedings and request the court to verify it. Such developments can eventually turn the case in your favour.

Avoid Imprisonment

By any chance, if the court judgement is proclaimed is unfavourable and you are held guilty, the criminal lawyer can help you. He/she can study the sentencing laws related to the particular case in detail in order to negotiate it.

Summary

WellFree Web Content, now you know that the first thing to do when you are charged with a criminal case is to find a criminal lawyer from law firms in Abu Dhabi or Dubai. There are many trusted law firms in these places where you can find the best lawyers with years of experience. Remember one thing. Do not take chances while hiring a criminal lawyer. Settle only for the best lawyers in Dubai with proper expertise and experience.

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ABOUT THE AUTHOR

Ibrahim Khouri is one of the leading & well-known advocates in Dubai with 12+ years of experience in the legal industry with core specialization in criminal & family laws.

Ibrahim Khouri is one of the leading & well-known advocates in Dubai with 12+ years of experience in the legal industry with core specialization in criminal & family laws.

Legal consultants skills that can help you

Dr. Hassan Elhais, along with his team of legal consultants in Dubai provide robust and careful legal advice with highest standards of integrity, confidentiality, and discretion.

Dr. Hassan Elhais, along with his team of legal consultants in Dubai provide robust and careful legal advice with highest standards of integrity, confidentiality, and discretion.

It is the crucial skill sets of a legal consultant that can help you out in legal cases in Dubai and elsewhere. Should you ever require legal assistance, these skills will help you gain an upper edge. However, the skills of which legal consultant in Dubai would be handy for you?

We find out here:

 

A lawyer should have strong communication skills both – written and oral. This helps in relaying critical legal information accurately. Also, a significant portion of the lawyer’s job is to create strong and convincing arguments which are to be presented in the courtroom. A lawyer must be able to convince the judges and courtroom with their strong communication skills. This skill can help you win cases.

 

A legal consultant is in constant contact with people be it judges, clerks, barristers, authorities, clients, workers, etc. The entire system of law works based on people’s engagement. A lawyer should be able to relate to people and should be courteous and respectful in his interactions with all. Without the right people skills, even a talented lawyer can end up in bad situations where the client seeks retribution. Therefore, find a lawyer who has the right people skills.

 

Lawyers regularly face heavy workloads and are often required to work around deadlines. A lawyer who possesses proper time management skills will be able to perform much more efficiently. Lawyers who have adequate time management can help people with legal advice and assistance that bring efficient results. Time management skills are critical and ensure avoidance of unethical delays.

 

With properly honed research skills, an experienced legal consultant should be able to research large amounts of information in a short time. He/she should be able to understand the facts, figures, and analyze matter efficiently to help gain an upper edge in a legal case. If you require a legal consultant who will be researching a lot on background data, drafting legal documents and preparing advice, then a lawyer with excellent research skills can help.

 

The primary aspect of a lawyer’s job is to ensure the best protection, advancement of the client’s interest and to win cases for the clients. A creative legal consultant aims to bring in flexibility to the process to come up with several possible solutions. A lawyer needs to be logical and analytical, but he/she should ignore their creative side. Creative thinking can often increase the chances of a win by breaking the pattern and outmaneuvering the opposition.

 

Every lawyer – whether working for a firm or working solo – must be aware of the business side of their work. Law is a billable service. Billable works are usually quantified based on the the number of hours spent while coming up with the right legal advice. If a lawyer lacks the right business skills, it would harm their practice and might affect the client as well, such as when lack of transparency in billings become as issue. Make sure your lawyer has the right business skills.

 

Conclusion:

When you are seeking legal representation, choosing the right lawyer who possesses the crucial skill sets would either make or break your case. With the right skill sets, the legal proceedings would become less of a ‘battle’ and more of a smooth journey. Consult with the best legal consultant in Dubai right away. 

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ABOUT THE AUTHOR

After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Dr. Mohsen Elhais has been practicing as a Legal Consultant in Dubai.

After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Dr. Mohsen Elhais has been practicing as a Legal Consultant in Dubai.

Domestic violence and marital conflict during covid 19

Domestic violence is an epidemic and the epidemic has increased sharply across the globe in the pandemic time. Its s major martial conflict happend everywhere across the globe.

Domestic violence is an epidemic and the epidemic has increased sharply across the globe in the pandemic time. Its s major martial conflict happend everywhere across the globe.

Domestic violence has increased sharply across the globe in the pandemic time. There are numerous cases of domestic violence all over the world in the form of physical, sexual, verbal, and psychological abuse. Queries for a domestic violence lawyer and calls to domestic abuse helpline have doubled.

It is not the domestic violence alone that saw a surge but marital conflicts too. The extraordinary number of requests for divorce is proof of this. The families have been forced to spend more time together during the lockdown and have found themselves facing new problems. This has resulted in the mounting of stress and tension in family relationships feels a divorce attorney Charlotte.

What is the reason for the increase in domestic violence and marital conflicts during Covid 19? Here is an analysis.

Domestic violence during the pandemic – Why?

Isolation from friends, family, and society gives a chance to the abusers to assert control over the victim. This increases cases of domestic violence. If you are a victim of personal violence, don’t let the abuser take advantage. Search for ‘domestic lawyer near me’ and make sure you get help before the situation worsens.

Alcohol is one of the key factors for an increase in domestic violence. If the abusers are not able to get alcohol during lockdown they tend to show their anger towards their family. Excessive alcohol consumption is like adding fuel to the fire.

The courts remained open only for emergency matters. This proved to be advantageous for the abusers. However, even if the courts remain closed you can always get help from a domestic violence lawyer Charlotte NC.

As prisons started to become main hotspots the inmates were released and arrests were halted. This too was one of the important reasons.

Most men consider their jobs to be their masculine identity. When they lost their jobs during the pandemic season, the stress and the financial insecurity triggered anger and violence.

The risk of infection and the pandemic-related worries increase the secretion of stress hormones cortisol. The more the stress hormones the more is the aggression in mind and body.

Marital conflict during the pandemic – Why?

As marital conflicts are increasingPsychology Articles, divorce requests are increasing says a divorce attorney Charlotte NC.

The pandemic may come to an end soon. Will domestic abuse come to an end? It may increase even more because of the economic slowdown. Domestic violence cases should not be ignored. To put an end to them look for a ‘domestic violence lawyer near me’ and give a call.

Article Tags:
Marital Conflict During, Domestic Violence, Marital Conflict, Conflict During, During Covid, Violence Lawyer, Marital Conflicts

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ABOUT THE AUTHOR

Fatina is a great lawyer in charlotte domestic violence lawyer shares her experiences in her articles. Fatina is willing to share her experiences along with career.

Fatina is a great lawyer in charlotte domestic violence lawyer shares her experiences in her articles. Fatina is willing to share her experiences along with career.

Lets protect your invention copyright

Every human being has Rights, and we have to use it in the right way and on the right path too. Colossal of laws are there for every issue likewise for our invention too we have it called has Copyright Law.

Every human being has Rights, and we have to use it in the right way and on the right path too. Colossal of laws are there for every issue likewise for our invention too we have it called has Copyright Law.

Original works are secured only by this certificate because hard work should be unique so apply it, get some certainty.

Copyright is to actively preserve your original work discovered by an individual. This means the product owner has an exclusive right and procreates it anytime they need it.

Some Needed things for registration are, Discover wants to register and get their copyright because the COPYRIGHT is an essential ethical act not to copy others’ work. Use this action and get your identity.

Business work and Administrator – You work are protected, here some definition for acknowledgment, etiquette for certificate applying and confirmation for verification those criteria are needed for the Copyright certificate.

Be the owner of your work for Music, Books, Website, and Cinematography.

Secure your research and give your identity.

About Copyright Act :

The government of India has been introducing The Copyright act in 1957, under section 107. It applicable from 1958 and the law makes a unique role to everyone.

Act Number – 14 and Act ID – 195714.

Why we have to register under copyright law?

It is not necessary to get copyright but it is advisable to get certain rights for your invention and much protection needed that no one will able to copy his/her work. Copyright posses an enormous offer for authors once they get mean they can procreate it anytime.

Types of Copyrights :

They are many types of copyright under different categories from act to rhythms.

Dramatic works -Combines of scripts, screenplay, plays, shows.

Literary works – Combines of novels, poems, catalogs, blogs, speeches, articles, and essays.

Musical works – Combines of Musical and accompanying signs.

Choreographic works – Famous dance, steps are included.

Graphic, Pictorial works – Combines of pictures, comics, painting, and drawings, etc.

Motion Pictures works – Combines of Movies, videos, and film.

Sound recording works – Combines of Music, voice, sounds of natureComputer Technology Articles, etc.

1.How much time does it take to register the copyright?

It takes up to 12 months for copyright registration.

2.What is the validity copyright certificate?

The validity of the copyright certificate is about 60 years.

3. When we get the certificate?

It takes time up to 3 to 4 days to file then authorities take  up to One year.

4. What is the Copyright dairy number?

Application number that is given at the submission of the copyright application for tracking purposes.

5.How do I check copyright?

All copyrights files are stored in the copyright office visit at www.copyright.gov/records.

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Designing With Me Solutions is a Chennai based Web designing, SEO and Digital Marketing company working for Small and Medium Scale Companies for their upliftment in this modern era by making their brand Digitally Strong.

Designing With Me Solutions is a Chennai based Web designing, SEO and Digital Marketing company working for Small and Medium Scale Companies for their upliftment in this modern era by making their brand Digitally Strong.

How to file civil case for cheque bounce

Check bounce can eventuate as a result of multiple reasons, for example, because of the inadequacy of funds in the record of the issuer of the cheque and numerous different reasons. The bank consisten…

Check bounce can eventuate as a result of multiple reasons, for example, because of the inadequacy of funds in the record of the issuer of the cheque and numerous different reasons. The bank consistently gives a cheque return reminder with the fundamental explanations behind non-instalment when the cheque gets dishonoured. In most countries, cheque bounce is the most recurring financial crime for which the government has issued several rules and regulations to curb its impact on the economy and involved punishments to set a deterrent for individuals dealing in cheques. 

Most individuals face difficulty in understanding the relevancy of filing a civil case for a cheque bounce in Dubai or any other Emirate. Therefore, the Civil Lawyers of Dubai will herein assist you in understanding the importance of filing civil case for a cheque bounce and the procedure for doing the same. 

Have A Look At Civil Procedure! 

In UAE, cheque bounce is a criminal offense under Federal Criminal Law, which thereby allows the drawee of the cheque to register a criminal complaint against the issuer of the cheque. The criminal complaint will restrict the movement of the issuer by imposing a travel ban, in case he attempts to leave the country or will be detained at the airport in case he re-enters the country. In addition, the court will impose fines or imprisonment depending upon the amount of the cheque. 

Considering filing a criminal case as a primary step for any cheque bounce matter through the assistance of Criminal Lawyers in Dubai. The next step, in case the drawee fails to retrieve his money is to seek redressal from the Civil Courts of Dubai. It is pertinent to note that a cheque bounce is not just a criminal case, it further allows the party to file a civil case before the civil court either subsequently or parallelly. The civil case so registered will enable the drawee to actually receive the money through a judgment or order issued by the relevant courts. Commercial Transactions Law of UAE and Civil Law governs the procedures under which a civil case can be registered against the defaulter and the brief of such procedure is as follows: 

Step 1 (Serving a legal Notice) 

Even though serving a legal notice is a procedure to amicably resolve the commercial dispute by sending a letter either through law firms in Dubai or by approaching a public notary. The letter will allow the other party to prevent the submission of a civil case in Dubai Courts and will allow both parties to negotiate on the amount. 

Step 2 (Appointment of Lawyers)

The second step may seem relevant to most as unlike other jurisdictions, the UAE local lawyers only can represent you before the courts and submit memorandums on your behalf (in case you wish to appoint lawyers). Considering the language barrier and other procedural difficulties, it is pertinent to appoint Best Lawyers in Dubai to register your case before relevant courts. 

Step 3 (Case Registration) 

The third and most pertinent step is to register the case primarily before the case management officer along with important documents and thereafter receiving a court date to attend the case. It is important to note that the claimant should be present in the hearings at all dates given by the court and shall adhere to all the relevant orders issued for instance submitting memorandums, replies, and relevant evidence on time. 

Understanding the foregoing stepsFeature Articles, it is important to hire Best Lawyers in UAE before approaching the civil courts of Dubai to seek legal recourse against the dishonoured cheque issued to you. 

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.

Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.

What happens if you issued a bounced cheque by mistake

Technology is overruling every sector of the economy, yet most commercial transactions are completed with the usage of cheques so as to keep a record of financial transactions especially in UAE. 

Technology is overruling every sector of the economy, yet most commercial transactions are completed with the usage of cheques so as to keep a record of financial transactions especially in UAE. 

Technology is overruling every sector of the economy, yet most commercial transactions are completed with the usage of cheques so as to keep a record of financial transactions especially in UAE. It is pointless to say that issuing and accepting cheques are a part and parcel of our commercial front, yet we face serious troubles when dealings with cheques. By troubles we mean legal consequences and in those countries who consider cheque bounce as a criminal and civil offense. One of those jurisdictions in UAE where cheque bounce is a criminal offense and will invite fines, imprisonment, and travel ban.

We all talk about what is a cheque, what happens when it is dishonoured and how to seek legal redress in the event a cheque is bounced. However, we still feel the lack of importance given to dishonoured cheques issued by mistake or the details added in the cheques were mistakenly added wrong, or such cheques were never supposed to be released for payments. Criminal Lawyers of Dubai will try their best to discuss such eventualities in this particular articles for our readers to be very much aware prior to issuing any cheque.

Punished for Mistake?

Federal Law number 3 of 1987 regarding UAE penal Code governs all sorts of crimes in the country and needless to say that cheque bounce is governed by this law as well. Article 401 of the said law confirms the imposition of fine or imprisonment on any individual who issues a cheque which was later dishonoured or bounced by the bank due to either insufficient balance or withdrawing the balance post issuing the cheque or wrongfully signing the cheque or if he orders the bank to not release the amount. The foregoing provision seems very clear and unambiguous if read without much interpretation. However, it fails to present the scenario in which the issuer of the cheque writes the cheque with good faith yet it was dishonoured due to other reasons or by mistake of the issuer.

It is common to find the provisions concerning filing a criminal case or civil case for a cheque bounce, yet it is uncommon to find provisions governing circumstances where cheques were issued with good faith yet were bounced due to some typographical or other error. This situation gives the receiver a benefit of the doubt to register the criminal case and harass the issuer. Even though the law is unclear on such a situation, the Best Criminal Lawyers of Dubai may assist you in legally representing you before the relevant criminal court and presenting solid evidence and provisions of the law to establish the fact that the cheque was indeed issued with good faith and it was unknown to the issuer that the cheque will be bounced.

It is pertinent to understand that Lawyers of Dubai may still assist you in legal representation, it is for the court to decide the applicable law and circumstances of the matter before issuing a judgment. ThereforeArticle Search, it is vital to follow the said guidelines issued by the bank before issuing a cheque so as to avoid any legal consequences in the future.

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.

 

Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.

 

Should i consider pre suit mediation

Mediating voluntarily before a lawsuit is called pre-suit mediation. It can completely resolve the dispute at a low cost. If it does not settle, pre-suit mediation can still shape and narrow the issues for litigation and help to contain the future litigation expenses. The benefits of pre-suit mediation and whether it makes sense in a given scenario should be an early discussion between you and your business lawyer.

Mediating voluntarily before a lawsuit is called pre-suit mediation. It can completely resolve the dispute at a low cost. If it does not settle, pre-suit mediation can still shape and narrow the issues for litigation and help to contain the future litigation expenses. The benefits of pre-suit mediation and whether it makes sense in a given scenario should be an early discussion between you and your business lawyer.

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Written by David Steinfeld

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.

Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.

What is mediation
Mediation is generally required in all civil cases in Florida unless excused by the Court. Mediation is a less structured and more intimate process than litigation. There are no rules of evidence or procedure in mediation like there are in a lawsuit. There is no limit to the number of times that parties in a business lawsuit can mediate during their dispute. Mediation can be of great benefit and it normally does not negatively impact the process at all.

How does mediation work
Before the mediation the parties select the mediator. The mediator is often an experienced attorney or retired judge. Mediators undergo special training and are certified by the Florida Supreme Court.  In a lawsuit if the parties cannot agree then sometimes the judge may choose for them. The mediator then works with the parties to schedule the mediation and sends an engagement letter to the lawyers for the parties. The parties are generally equally responsible for the fees of the mediator under the engagement letter. The engagement letter also invites each side to send a confidential mediation summary to the mediator in advance of the actual mediation.
 
The mediation itself normally starts with the parties in the same room. The mediator will explain how the process will work. The mediator will also state that everything said and presented in the mediation is confidential under Florida law. Each attorney then makes opening remarks to frame their perception of the dispute for the mediator and the opposing side. The parties then move to separate rooms where the mediator meets privately with each several times. The function of the mediator is not to decide the case. The goal of the mediator is to help the parties see their dispute differently and to consider a compromise on certain points with the end result being a full or partial settlement.

How is presuit mediation different
Presuit mediation is no different than ordinary mediation except it occurs before any lawsuit is filed. It can be done by agreement between the parties in a dispute. It may also be required by a written contract between businesses. Mediating before a lawsuit can reduce or eliminate future litigation costs. It can also provide an opportunity for the parties to objectively review their developing dispute with the assistance of a neutral mediator. 
 
With presuit mediation the parties retain their right to litigate their dispute if they do not settle. Thus presuit mediation clauses in a contract give the parties an informal and less costly opportunity to resolve any disputes. The only real cost is that of the mediation itself. But the fee for the mediator is far less than the expense of a lawsuit.

Conclusion
Whether to include a presuit mediation provision in a contract or agree to one proposed to you is something to discuss with your business lawyer. Presuit mediation is beneficial in that it can resolve a dispute before it becomes a lawsuit. It is also useful in setting the groundwork for a future resolution should on not be reached at the presuit mediation. Lastly, even where no settlement is reachedBusiness Management Articles, presuit mediation can help shape and narrow the issues to be litigated which saves time and money later.

What do i do if i am served with a subpoena

In Florida, the rules in lawsuits allow for discovery of electronically stored information or ESI in addition to paper documents. As a result, businesses must maintain their ESI. Even if you are not involved in a lawsuit you might still receive a subpoena from a plaintiff or a defendant in a lawsuit so you need to know what to do.

In Florida, the rules in lawsuits allow for discovery of electronically stored information or ESI in addition to paper documents. As a result, businesses must maintain their ESI. Even if you are not involved in a lawsuit you might still receive a subpoena from a plaintiff or a defendant in a lawsuit so you need to know what to do.

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Written by David Steinfeld

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.

Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.

How can I be subpoenaed if I am not even in the lawsuit
There are two ways that a party in a lawsuit can try to get your documents or ESI even if you are not in the litigation. The plaintiff or defendant can serve you with a subpoena for the documents. They can also serve you with a subpoena for a deposition that includes a document request. This is called a subpoena duces tecum. 
 
Professionalism dictates that the party requesting your documents and electronic records must notify your business and co-ordinate the request or deposition. However, the circumstances may require a different approach. Therefore, the first notice you receive may be service of a subpoena by a process server.

What should I do when served with a subpoena
The first step should be to contact your business lawyer. If you already have a data management plan and are following that plan, then the cost of responding and producing the data will be greatly reduced. Sometimes the party requesting the documents must even pay for the production. But without any data management plan you may expose your business to increased expenses and the risk of sanctions if you deleted the data.
 
Even if you deleted ESI before receiving the subpoena you can still argue that you lacked notice or had no duty to maintain the ESI. But then you are paying your corporate attorney to make those arguments and there is no guaranty that you will win. So it is more efficient to simply have a data management plan.

What is a data management plan
The court rules in Florida regarding electronic data provide for a safe harbor. A safe harbor is a provision that says if you do certain things then you cannot get in trouble. Businesses are now storing data electronically and primarily using e-mail or texts to communicate. It is prudent practice to establish a method to manage your data. It is also smart to have a company policy about social media and storing company data on portable devices such as phones, tabletsComputer Technology Articles, and laptops that connect to your company server.  

What should i do if i receive a litigation hold notice

A litigation hold notice or litigation hold letter basically says I might sue you so please do not delete certain data. If you get one of these, the best response is to first contact your business attorney. The notice should be as specific as is reasonably possible. The purpose is to put a business on notice that the data identified in the letter might be needed in a dispute. Beware that ignoring the notice can be problematic.

A litigation hold notice or litigation hold letter basically says I might sue you so please do not delete certain data. If you get one of these, the best response is to first contact your business attorney. The notice should be as specific as is reasonably possible. The purpose is to put a business on notice that the data identified in the letter might be needed in a dispute. Beware that ignoring the notice can be problematic.

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR

Written by David Steinfeld

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for almost 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.

Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.

Where did litigation holds come from
Litigation holds first developed in Federal practice. Over time businesses have transitioned from paper to electronically stored information or ESI. This ESI can easily be destroyed or deleted. So the legal industry engineered the litigation hold notice to alert people to keep certain data. The notice does not prevent the recipient from asking the provider to be more specific or to pay for storage of the ESI.

What is eDiscovery
Discovery is the general process in a civil lawsuit by which the parties obtain and exchange information. eDiscovery or electronic discovery is the discovery process with special software as it applies to ESI. Lawsuits are adversarial but eDiscovery requires cooperation among lawyers to work.  Therefore responding to a litigation hold notice and putting a litigation hold in place should be done with the help of an experienced business lawyer. Such a person can navigate your business through the potential hazards in eDiscovery.

What can happen if I disregard a litigation hold notice
If you disregard a litigation hold notice or fail to properly implement a litigation hold, the party issuing the notice may seek spoliation sanctions. The judge must then evaluate in a hearing or series of hearings whether spoliation occurred, its impact, and craft an appropriate sanction in response. 

Our judges in Florida can look to federal eDiscovery cases in the absence of state cases. After recent amendmentsFind Article, the Florida State Court Rules are closer than ever to their federal counterparts on eDiscovery. As a consequence there is a four-part test that guides judges in deciding a spoliation motion.

Spoliation sanctions can range from adverse jury instructions to monetary punishment and can include shifting data recovery costs to the wrongdoer. A judge can also restrict the ability of the guilty party to argue and put on evidence. The judge can even default the offending party in certain circumstances.  

Conclusion
Litigation hold notices developed to efficiently alert businesses to preserve certain data that is understood to be relevant to a dispute. They promote the cooperation needed to make eDiscovery run smoothly in a lawsuit. Upon receipt of such notice your business should consult with your corporate lawyer as soon as possible because it may be necessary to institute and document a formal hold on certain ESI. Failure to act can expose your business to spoliation sanctions. Any business should avoid those sanctions.

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