Lawyer Lawyer Lawyer

By Carol McFadden

The motion for class action appeal made by Fosamax plaintiffs was rejected last April 26, 2011 by the osteonecrosis of the jaw (ONJ) Fosamax lawsuit presiding judge, District Judge John F. Keenan of the U.S. District Court for the Southern District of New York.

Fosamax lawsuits set into motion against Fosamax’s manufacturer, Merck, were filed from Florida, Louisiana, and Pennsylvania district courts congruent to the location of the Fosamax plaintiffs in question. The proceeding brought forth by the Fosamax plaintiffs mentioned involves biannual dental exams and consultations for cautionary measures should be paid by Merck. Fosamax plaintiffs’ motion was rejected because none of the complainants experienced osteonecrosis of the jaw or dead jaw which was an essential requirement to acquire class certification by the court.

The conclusion made by the judge was based from various reasons. District Judge John F. Keenan concluded that:

As the evidence presented shows that the risk of ONJ varies depending upon a Fosamax users unique medical history and the circumstances surrounding his or her use, the Court is not satisfied that the need for the proposed monitoring program could be proven on a class-wide basis.

The appeal was also rejected by the ONJ presiding judge due to one case of a Fosamax user among the Fosamax plaintiffs who was proven to have used the drug during the time when Fosamax has not changed its label in 2005 yet. The District Judge John F. Keenan stated in his statement:

[T]he plaintiffs claim cannot be considered typical of a class of plaintiffs that will include patients who took Fosamax after 2005 and will have to similarly prove negligence and failure to warn under significantly different circumstances.
May this Fosamax plaintiff appeal loss serve as a wake-up call to other Fosamax fracture lawsuits vying to strengthen their case against Merck.

If you have suffered any injury caused by Fosamax, such as unusual and sudden low-impact femur fractures, you may want to talk to someone legal and knowledgeable about Fosamax side effects, clarify questions regarding just compensation expected from the damages endured, and guide you to the proper proceedings needed to be done in filing a Fosamax fracture lawsuit. You can consult an adept Fosamax lawyer for free right now and set your Fosamax lawsuit into motion. Fosamax femur fracture lawsuit sites are available if you need more information.

Bruce was an independent landscaper who was often called upon by a larger landscaping contractor to help with big projects. The fact that he was an independent contractor is important because otherwise under New York Law an employee cannot sue his employer because of the workers compensation law.

On one job, the task was to remove a large maple tree on a homeowners property in Westchester. The team began by cutting off the top of the tree.

The remaining part of the tree was going to fall in an area that was zoned off, which was about 60 feet in radius so there would be plenty of room for the tree to land without incident. A rope was thrown around the branch and the workers pulled it tight toward the sectioned off zoned so that the tree would fall in the right direction.

As the tree began to fall, two of Bruces co-workers panicked and began running away leaving Bruce with a slackened rope as the tree began to fall off course. Bruce tried to get the tree under control by pulling on the rope himself but as you can guess, the tree won.

Then there was a domino effect: Bruce got out of the way of the Maple tree, but the Maple tree fell onto an Ash tree which then snapped and struck Bruce causing enormous injuries requiring multiple surgeries.

Bruce sued the landscaping company and recovered a substantial amount, given that the accident was a result of lack of control and safety procedures on the site by the company that hired Bruce. If the workers who gave up on Bruce were his co-workers, the best he could have hoped for was whatever he received from workers compensation, which only provides for reimbursement of wages and payment of medical expenses. There is no recovery for pain and suffering under New York workers compensation State.

Lawyer–Solicitor–Advocate–Barrister–Counselor–And-An-Attorney

By Carol McFadden

Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.

An Attorney is somebody legally empowered to represent another person, or act on their behalf.

A Lawyer is somebody who can give legal advice and has been trained in the law.

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney…

Look again at the above definitions, does it now make any sense? Off course it does.

An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King’s (Queen’s) counsel.

A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didnt argue it.

Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.

Lawyers types:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

The more detailed aspects of a lawyers job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property, helping to protect clients claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.

Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest casescivil or criminalwhich may have an impact extending well beyond the individual client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societiesprivate, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created specialties according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.

The Criminal Lawyer

By Carol McFadden

If you are accused of a crime then you must consult to a criminal defense lawyer. If you are caught under such situation then you are going to feel a high level of stress even if you havent committed it actually. In such scenario make sure that you are hiring the best criminal lawyer to represent you as he will play an integral role in your criminal case procedure. The right criminal lawyer will not only help you in reducing the time spend in case but also take legal action to get you rid of situation as soon as possible.

Some people decide to assist their criminal case by their own, though it seems to be a good idea of saving money but it is not advisable. Because court room experience is totally different as it seems to be and sometimes it becomes really difficult to answer prosecutors question. With so much on the line, taking your chances without an experienced and articulate criminal defense lawyer by your side is a losing bet. Only a lawyer with courtroom experience can help you in such situation. The caliber of an experienced criminal lawyer can make the difference between freedom and incarceration.

So now its pretty clear that how the role of an experienced lawyer can make the difference in your case. An experienced defense lawyer would examine the charges and situation you are facing and accordingly provide you the best legal assistance so that you can get rid of the drastic situation as soon as possible.

Now the next step is to find the criminal lawyer for your case. There are many lawyer available online nowadays you can choose one based on your requirements. You can also browse yellow pages and local directories where you can find the list of many lawyers.
Here are some important points to consider while choosing the right criminal lawyer:

Experience: As mentioned above experience specially court room experience is the most important point to consider while choosing the criminal lawyer. There are many lawyer listed in local directories who shows their several years of experience but even educated lawyer with a license to practice, usually differ in experience they have gained during their careers. So consider this point carefully before hiring the criminal lawyer.

Expertise: Choose the lawyer having experience in assisting same types of cases that you currently find yourself in. For example, if you are facing any criminal case, hire a lawyer who has assisted same type of criminal cases.

Passion and confidence: Remember, these are two important points that can make difference in your case. A passionate defense lawyer will strive hard to ensure fair trial and justice for you. Also check the confidence level of the lawyer .As lawyers with high confidence make good defense options.

Reputation: Do inquiry about the reputation of the lawyer. The best way to do this is to contact the Bar Association; they can tell you if they are in good standing, background, if grievances have been filed, etc .Mouth referral is also a good way to enquiry about the lawyer.
Always remember that only a lawyer with a long and successful carrier with criminal cases can deliver best results to you. If you take assistance of a skilled and legal expert, you will have the best chances of avoiding time in jail or being in trouble.

How to Hire a Lawyer

By Carol McFadden

If you have been injured and are thinking of hiring a personal injury lawyer there are a few things to keep in mind.

First of all, find a lawyer who specializes in your type of case and in the type of law your case falls under. You want a lawyer who specializes in personal injury law, not one who specializes in other areas of law such as criminal law, wills, estates, or divorce.

Talk to several lawyers before hiring one to handle your case. Most personal injury lawyers offer a free initial consultation to discuss your case. This consultation gives you the opportunity to ask the lawyer questions such as: how much experience he or she has; what the fees are; what he or she feels your chances of having a successful case are; who will be working on your case (it may be an associate rather than the person you have the initial consultation with); and how long he or she feels it will take for a resolution of your case.

The initial consultation is for the benefit of both you and the lawyer. While you are deciding whether or not you want to hire that particular attorney, the attorney is looking at the case and deciding if it is a case he or she wants to take on.

During the consultation ask each lawyer the same questions so you have the information to equitably compare each lawyer and decide who you can work with best. You want to work with someone you are comfortable talking to because you may have to discuss some very personal information with your lawyer; so take note of how comfortable or uncomfortable you are when you visit each lawyer.

Take all the information you have about your case with you for each initial consultation including photos but dont take your originals. Take copies. When you do sign a contract with a lawyer you may be asked to provide the originals, but copies should be fine for your initial consultations.

Before signing a contract with a lawyer, make sure you understand the contract. Personal injury lawyers almost always work on a contingency basis. This means the lawyer only gets paid if he or she wins your case. Instead of the fee being hourly, the fee is a certain percentage of your award, typically one-third. You would then receive the other two-thirds of the award. But if any fees such as filing fees, expert witness fees, etc. are paid out of your portion of the award the actual amount you receive could be significantly less than two-thirds. Make sure you understand whose responsibility the extra costs will be.

If an attorney declines to take on your case, dont be offended. Instead ask them for a recommendation of a lawyer they think may be able to help you with your case.

And keep in mind that using a small-claims court can be a viable option to using an attorney in certain personal injury cases, but it is still a good idea to consult with an attorney first to see if that is best course of action for you to take with your particular case.

Lawyer Lawyer Lawyer

By Carol McFadden

The following is a list of the ten of the funniest fictional lawyers. The list has TV lawyers and movie lawyers and it is in no particular order.

ALLY MCBEAL

Ally McBeal and her co-workers are all funny TV lawyers. From the dancing baby to the office banter this show had audiences rolling with laughter for five fun filled seasons.

ELLE WOODS

Elle Woods is a movie lawyer and the main character for the Legally Blonde movies starring Reese Witherspoon. From her unique take on fashion to her unconventional courtroom methods Elle was character that audiences got behind.

JACKIE CHILES

Seinfeld character Cosmo Kramer was always looking to make a quick buck and that is where fast talking TV lawyer Jackie Chiles fit in. From suing the heir of the OHenry candy bar fortune for walking around in her bra, to suing a coffee company for damages when Kramer is burned after spilling coffee on himself, Jackie Chiles was a laugh a minute. The character was a parody of famous American attorney Johnnie Cochran.

MY COUSIN VINNY

My Cousin Vinny featured a fast talking New York Lawyer named Vinny who is down south to represent his cousin in a murder trial. This movie lawyer had audiences rolling in and out of the courtroom as the film dealt with life and the wheels of justice in a slow-paced southern town.

CLARE HUXTABLE

Clare Huxtable was the mother on The Cosby Show. She was sassy, smart, and always ahead of the game. She made being a TV lawyer and a mom look easy.

NIGHT COURT

The team on the 80s sitcom Night Court had audiences rolling for nine seasons. These TV lawyers argued their cases and argued amongst themselves and we loved every minute of it.

MIRANDA HOBBS

Miranda Hobbs was one of Carrie Bradshaws best friends on HBOs hit series Sex and the City. Miranda was a career-driven woman navigating the office environment and her career while hilarity ensued. Like pretending to be gay to get an invite to the dinner with her boss, getting braces in her 30s and trying to balance being a mom and wanting to make partner.

WILL TRUMAN

Will Truman was a TV lawyer on the hilarious sitcom Will and Grace. Though it often seemed his only client was Karens invisible husband, Stanley.

LIONEL HUTZ

Lionel Hutz is a TV lawyer on the hit cartoon The Simpsons. Desperate for cases, it seems Lionel Hutz will take on any case. Though he usually loses his cases, he has won a few. His primary clients would be Bart and Homer Simpson.

LIAR LIAR

Jim Carrey played a movie lawyer in Liar Liar. His character was a career-driven pathological liar that continually broke promises to people. Hilarity ensues when his son wishes that his dad can no longer lie and the wish comes true.

Lawyer

By Carol McFadden

Did you know that lawyer advertising was banned until the mid-1970s? Want to know a little more about lawyer advertising? Read on

The Industrial Revolution was a decisive moment in history that marked major changes in agriculture, mining, transportation and manufacturing. There began an increase in individuals who can afford to buy not only the things they need, but also the things they want. It is the time that advertising gained ground. Advertisements for different products and services appeared in newspapers and buildings, including lawyer advertising.

Many well-established lawyers were against it. They said this would lessen the sanctity of the law, especially in the publics eyes. Moreover, it was like comparing the practice of law to a business enterprise. In 1908, lawyer advertising (except business cards) was banned by the American Bar Association (ABA) through its code of ethics, the Canons of Professional Ethics. This continued up to the mid-1970s. In1977, in the Bates v. State Bar of Arizona case, the United States Supreme Court allowed lawyer advertising on grounds of the publics right to know. The Court gave the responsibility to the Bar to regulate lawyer advertising. The Bar responded by making modifications to their code of ethics to adopt the changes.

To this day, states have adopted the ABA Model Rules of Professional Conduct and modified it according to their needs and objectives, expressing their attitude to lawyer advertising and the publics right to information. Each state has a set of rules that govern lawyers in their area. So if you are a lawyer, or you engage in marketing for personal injury lawyers, it is best to acquaint yourself first with these rules. You need to know the limitations, requirements and ethics opinions.

Lawyers who wish to market themselves invest in Yellow Page Advertising. Here are some of the data gathered on Yellow Page Advertising for Lawyers by the Yellow Pages Association in 2003.
Yellow Page Advertising for Lawyers amounted to $1.037 billion
Attorneys as a category is referenced 328.3 million times yearly
Lawyers spent nearly as much on Yellow Page Advertising as on insurance – $387.9 million

Studies conducted also show that 90% of Yellow Pages Advertising display are
for Personal Injury (45%), Bankruptcy (20%), Criminal (12%), Family Law(10%), Workers compensation (7%).