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Are Lawyers despicable?
In an article entitled Why are Lawyers so Despised? posted on legalunderground.com it tackled about Musclehead’s theory on why lawyers are despised by many. The theory is all about the ‘ambiguity’ so to speak of the word zealous representation. Some lawyers interpret it by following what the client wants. Some also interpret it by simply doing what is the best for the case. Now, which of the two is the true zealous representation?
It amazes me why people think like this? Lawyers to me have a way of dealing with thier thing. They know when to act right and whento act wrong just like they judge if right or wrong.
Lawyering is far different from other profession since its primary concern is public service rather than personal welfare. They have the sworn duty to give services to the needy but most of the times, this duty is ‘intentionally neglected’ in lieu of personal motives. Lawyers are guardians of society and democracy - someone who has the power to prevent an immediate danger. However, they are frequently perceived as leeches on the society. They are there to fight for justice, equity and truth but it is shocking to the senses when they fight for serious wrongs.
I agree that Musclehead’s analogies are not bad. Moreover, I also believe that lawyers can uphold their zealous representation to their clients without violating the legal ethics. Lawyer knows best - more than any client can tell. He has the authority to give legal advice and to remedy the otherwise complicated plight. He can withdraw anytime from the case provided that his cause is permissible by law. On the other hand, it is despicable for a lawyer to engage in any unlawful, dishonest, deceitful and immoral conduct as well as bending the laws for self or client satisfaction.
People seek lawyers to shield them against cruel verdict, for protection against fraud, violence, intimidation, misrepresentation and other illegal acts and omissions. Another reason is for the clients to be sure that the acts are legal in nature. If lawyers act contrary to what they are expected of, it creates a stigma for people to doubt their zealous representation.
When you seek a lawyer, be sure that he has a good reputation and is one who would represent you at all times.
People despise them not because they know the laws of the land inside out but because people are anxious that they might twist it to meet their personal vested interest.
If lawyers do not want to be despised, they must exert every effort to act their allegiance to the principles of their chosen profession and never use their knowledge and skill to circumvent the laws and the trust of the people.
You cannot change a person but you can change yourself. Change should start with the lawyers after that they will see the domino effect of that so called change…
What to do When an Insurance Company Breaches its Contract
Seldom do we understand some of the mumbo jumbo in policy statements and contracts insurance policies that we avail of. However, the insurance law regularly provides that should there be a vagueness or uncertainty in a policy, whether in the choice of words or meaning, should be resolved favoring the policyholder and against the insurer.
But if there’s no unclear content in the coverage and the policy is clear and explicit, the clear meaning will be enforced. Judges and courts interpretation of insurance contracts largely depend on what the clients’ objective expectations are of the policy, reasonably. But personal expectations of the policy holder and are not reasonably supported by the contents of the contract is unenforceable. The term “limits” refers to the amount of insurance coverage. It is ruled that exceptions and limitations in a policy must be explained clearly in a language that’s understandable for all. This is so in order that there will never be denials of coverage. As such, insurance policy’s exclusions and limitations are always narrowly or strictly interpreted. Whenever there is a muddle over multiple meanings of exclusions or limitations, the court has to interfere to give the narrowest explanation. So, why are we giving these bits of details regarding insurance policies to you? Its’ because that we’d like for you to know what to do if you, as a policyholder, have any lack of knowledge or misunderstanding with regards to the insurance policy you’ve taken.
Results like loss of benefits or forfeiture of rights, loss of benefits. You must know that as an insured, an insurer is required to bring to your attention some relevant information. It will also enable you to take action and secure the rights provided by the policy. It is unfortunate that an insurance agent is not obligated to advise a policyholder on the adequacy of the limits of coverage selected by the policy holder. There are also other ways wherein insurer can do a breach of contract or violated the covenant on good faith and fair dealing. One of the situations wherein this act of bad faith happens is when insurance policy has provisions that are extremely in favor only with the company and when company used advertising and solicitation materials that are unfair or deceptive. If you find out that the insurer has committed breach of contract and/or breached the covenant of good faith and fair dealing, you can recover all damages caused by the breach.
Damages may be in the form of consequential losses, loss of use of the insurance proceeds, general damages, attorney’s fees and punitive damages. If you’re recovering from emotional distress and you may also recover damages for emotional distress. In filing a suit for a bad faith case, there’s a statute of limitations that vary from state to state. In order that your case won’t be barred for trial, know the duration period of the statute of limitations and be able to file on time.
Reporting Sexual Harassment
There are ways of stopping attacks of sexual harassment, either by yourself or with the help of workmates, authorities and by eventually filing a lawsuit. The following ways of reporting sexual harassment incidents may not ideally be in the order as we’re going to present it in actual reality. You shall have to discover for yourself the best move to compensate for the violation of your rights. And to totally stop the unwanted sexual advances being done to you.
Common scenario of sexual harassment is at the workplace. At the very first signs of unwanted sexual advances toward you, try stopping it by directly confronting the person. If this isn’t successful, go to your supervisor or human resources department for assistance. There may be several informal and formal actions that will be suggested for you and the company could do. These options range from contacting your unit or department and informing them of your complaint but keeping you anonymous, sending a letter to your harasser, or speaking directly to them to inform them that their behaviors violate the company policy and the federal law. He may also need to be informed that retaliation is not the way to solve his problem.
You might also be asked by the person-in-charge if you agree to an arrangement for a carefully prepared meeting between you and the harasser. This confrontation may help you to confront the issue. You may also be able to work out some sort of resolution. f you do not want to, however, there’s no law mandating such king of meeting.
Another way of confronting sexual harassment head-on is by having mediation proceedings. Traditional mediation, however, should be used with great care as this form is not always appropriate. First of all, ensure that the mediator is has ample training and experience, you must have an objective for the mediation and let the, describe in detail the process to unfold. If you really do not want to see your harasser personally, then the mediator may talk to you and your harasser separately, going back and forth.
Filing a formal complaint with your employer may also be another option if you feel that your problem was not taken seriously. But you must first know the policies involved and how it operates. You might do this by asking someone who have also undergone such procedures. Inquire in advance in order that you and the accused have the same rights and access to information, time frames and the length of time necessary to resolve the problem. Confirm also some oral communications by writing by giving the person who informed you with a written communication.
If these informal methods come to no avail, it may be time to want your harasser be punished by filing a lawsuit. Consult with an attorney that has experience in handling sexual harassment cases or the Equal Employment Opportunity Commission (EEOC). Your state’s anti-discrimination agency might also be able to help you.
How to win defective product Cases
Did you ever experience buying the product you want and you need from a nice bargain but eventually feeling the worst of moods when it turned out that the product is defective? Under the personal injury law, suing for defective products fall in the category of strict responsibility by the distributor, manufacturer of a defective product.
Product liability cases require detailed preparation. Early determination of potential liability for defective products is essential before expensive discovery is undertaken. During the early days following the accident of acquiring a wrecked product, a lawsuit on it is won or lost. In order to increase your chance of success in these types of cases… Read on…
First things first. You must prioritize to call an experienced attorney specially handling products liability. Investigation must be made as soon as possible. An experienced and reliable defective products attorney makes sure that all evidence you have are preserved. The product, particularly must be secured immediately. Once the defective product has been secured, lock it up in a facility that you can control, you must know that the wreckage of a destroyed product, say automobile, is something tthat everyone will want to see.
The next step in your investigation is to obtain a complete history of the product – original sale, dealer’s identity; distributor, subsequent purchsers, lessees and users. All types of written material included in the product package, example are the instruction booklets, assembly books, warranties and the like. Basic background data must also be obtained. You need to give a complete description of the product - her manufacturer, distributor, sources of all component parts and all written materials pertaining to the product; advertising brochures, instruction booklets, technical data, parts manuals, repair and operating manuals , catalogs, technical and lay advertisements, blueprints and diagrams of the article and component parts.
Having a at least two or more duplicate products for later testing and trial. Having an example at the beginning of the case may have its important dividends later.
In naming the defendants, it is important not only to indicate the successor but also the predecessor corporate manufacturers. This is because in some jurisdictions, purchaser of an existing business does not assume the liability of former corporation unless such liability is expressly assumed in a contract of sale or under circumstances where two corporate entities have merged. In these cases it is important to name the predecessor corporation. Bailors and lessors can also be held strictly liable.
Governmental assistance can assist and remedy in proving a plaintiff’s case. Private sources of product information can also be taken advantage. Enourmous amounts of safety and accident prevention information are published by insurance organizations. In successfully proving a plaintiff’s case, a major factor is finding a qualified expert to discuss a matter regarding the product.
The importance of promptly securing the defective product and fully utilizing inexpensive sources of product information can reduce the cost of litigation and the same time provide valuable aids for establishing liability.
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