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Archive for the ‘Good Labor Lawyer’ Category

You are driving along minding your own business when suddenly you become aware that the flashing lights behind you is a cop pulling you over. You glance down at your speedometer wondering how much you are going over the speed limit and how much this is going to end up costing you.

This is where you start the process of getting out of a speeding ticket start. You don’t have to start these tips after the ticket has been handed to you.

1. When the cop approaches the car be presentable. It’s best to have your insurance, license, and registration ready. It also alleviates any fears the officer has if he or she can see your hands on the wheel as they aren’t going to be worried you have a gun or are pulling any tricks.

2. When you speak to the officer, be respectful and be honest. Talking in a calm tone about what was going on and how fast you were going is best. Understand that it’s up to their discretion whether they write you a ticket or not. Try the opposite of being disrespectful and you will almost always end up with a ticket.

3. If you do get the ticket, the best way of fighting it is going to court. When you go to court, do your best to be presentable. Now you might not like dressing up a little bit, but every little advantage will help you out.

4. If you haven’t had many traffic violations and really don’t have the money to afford the fines and it feels you are going to get fined for this ticket, you can always ask the judge for traffic school. A few hours in traffic school watching videos on improving your safe driving might be worth it to you over $100 or even $200 of ticket costs.

5. Challenge the ticket in court. This is a bit harder than the other tips, but if you feel that you didn’t do anything wrong, by all means challenge the ticket as it’s your right to do so. There are techniques of challenging how the cop got your speed like they may have been pacing as opposed to using proper equipment. From state to state the laws vary as to what techniques are legitimate for gaging speed, but it happens more often than not. One who admits they were going that fast will get the fine regardless so don’t do this.

You’ve gone through the trouble of creating an estate plan that includes a revocable living trust. Now what do you need to do?

Here is a checklist for you to consider:

1. Have you notified your successor trustee? You have probably named a relative, close friend, or a trust company to act as successor trustee after you die. Have you told tem about the trust? Maybe you want to go over it with them. Share your thoughts and wishes. Tell them where your valuable papers and itms are located.

2. Have you transferred title to your assets to the trust? A trust comes into being (becomes legal) when you transfer an asset (probably more than one) to it. You will need to transfer title to your bank and brokerage accounts, real estate, promissory notes held, individual stock certificates, etc., to the trust title, usually, John Smith and Jane Smith, trustees of the Smith Revocable Trust, dated January 1, 2005 (or something similar).

3. What about your thoughts on burial or cremation? Do you want to be kept on life support no mater what your age, condition, or likelihood of survival might be? Have you decided who will be in charge of making decisions for you if you can’t?

4. Are there assets that are not in your trust (retirement plans, IRA accounts, life insurance) that your trustee needs to know about?

5. Is there a change in your life or family that requires a review or revision to your estate plan? Have you recently received an inheritance, remarried, or have a close one die? All of these events should prompt a review of your estate plan and revocable living trust documents.

This is a short list to get you thinking in the right direction. The point is that once the revocable living trust is set up, your work and attention does not stop. You need to maintain the revocable living trust so that it can deliver all of the benefits that it can promise.

“Doctor, there is an attorney on the phone to speak with you about…”  Not too many things get your blood pressure up as quickly as that statement!  Regardless of the reason for the call, the normal initial reaction is the fear.

The greatest protection against such fear is knowledge and planning.

The first thing you should know is that, according to a recent analysis by the Harvard School of Public Health, approximately 40% of the medical malpractice suits that are filed in the United States are groundless.  Analysis of many cases indicated that there was no evidence of a medical error being committed or any injury suffered by the patient.

The second, and perhaps most important, factor to know is that many such calls are a fishing expedition by the lawyer.  Presenting a friendly demeanor, the lawyer hopes to gain information that will be beneficial to the client.  This is why you really don’t want to talk to the attorney without preparation and possibly counsel.

Having knowledge of those two facts, you now need to plan what to do when that attorney does call.

Normally your staff fields your calls and they should be instructed to take messages, as opposed to ringing the call through to you.  If possible they should ascertain the reason for the call and, if applicable, the patient under question.

Once you receive the message, you should first review the patient’s chart to determine if there is any possibility of medical malpractice – or patient dissatisfaction.  If you think there is any chance of a claim being made, contact your insurance agent or company immediately and follow their instructions.

If it is necessary to reply to the attorney, one of your staff should return the call and explain that any communication from an attorney must be in writing.  This enables you to begin documentation and seek advice or counsel.  This is particularly helpful if the call is about a colleague.  The attorney may be seeking a free assessment of the case, looking for free expert testimony or even attempting to involve you in the lawsuit.

You are not required to provide any facts, documents or charts, except by the due process of law.  If documents are subpoenaed or you must appear for a deposition, your attorney can shield you from immaterial or incriminating questions.  Your attorney can also evaluate requests for charts or documents that may be unnecessary.

There is one critical mandate.  Do not, under any circumstance, decide to rewrite, revise or clean up any chart entry or patient records. Regardless of how well meaning you might be, any alterations can come back to haunt you in a trial.  Plus, many malpractice carriers will refuse to defend or pay claims for a physician who altered medical records.

Referring back to the opening analysis that 40% of claims are groundless, very few malpractice cases ever go to trial.  Even a request for patient records does not guarantee that you are being sued.  Most cases are dropped by the plaintiff or dismissed by a judge for lack of evidence.  That is why you do not want to react from fear or anger and perhaps create further problems for yourself and your case.

If you’ve been victimized in the work place, you may very well feel alone and helpless. When times are tough as they are now, you may feel grateful to have any job at all and hesitate to make waves and risk losing your position. Work place crimes are some of the most intimidating events imaginable, especially if you are being victimized by one of your superiors. However, you should know that there are great labor lawyers out there who can help you to correct a situation, handle disputes, or receive compensation if you’ve been discriminated against. Here’s how to choose the right labor lawyer for you.

Where to Look

The internet is always a great place to start. There is always more information contained on a website than you could ever hope to find in a Yellow Pages advertisement. Enter the words “labor lawyer” along with your state or city in a search engine and see what comes up. Visit each law firm’s web site and see what they have to offer.

What to Look For

If you have a leaky pipe in your home, it doesn’t make sense to call in a carpenter to fix it. Just as all contractors are not alike, not all lawyers are alike. When it comes to resolving problems in the workplace, you don’t want to use a family law attorney or a lawyer who “specializes” in a variety of different kinds of law: you want a labor attorney.

The focus of an excellent attorney’s practice will be labor and labor alone. Within this category, the firm should be experienced in:

– Age Discrimination
– Gender Discrimination
– Race Discrimination
– Disability Discrimination
– Religious Discrimination
– Retaliation
– Whistleblower
– Family Medical Leave Act
– And a host of other work-related areas including wrongful discharge and breach of contract.

What to Do Next

Once you have a list of the best lawyers in town, it’s time to do some additional research. You may consider asking friends, coworkers, and family members if they have had any experience with any of the lawyers on your list. A good reference from a trusted person is a great place to start. You will also want to check all of the lawyers’ status with the Bar Association in your state.

The Final Step

Once you have narrowed your list further, set up consultations with each attorney and get a feel for him and his office. Are they solicitous of your needs? Do they return your phone calls promptly? Do you like the lawyer’s personality and feel he is someone you can trust? It is essential that you feel comfortable with the labor lawyer of your choice.