Archive for March, 2008

Litigation Budget Form

litigation budget form
Morton’s Restaurant Group, Inc. Reports Results for Second Quarter 2010
CHICAGO—-Morton’s Restaurant Group, Inc. today reported unaudited financial results for its fiscal 2010 second quarter ended July 4, 2010.
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10 Critical Decisions for Successful E-discovery Part 2

The Information Management Journal/September / October 2007- Today?s explosion of electronic data, coupled with the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronically stored information (ESI), requires information and legal professionals to expand their knowledge about handling electronic discovery. The recent changes to the FRCP include:

* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]

* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]

* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]

* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]

* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]

There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.

Making the Right Choices

Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.

Processing Choices

Because of the volume of information available in even the smallest of collections, it becomes necessary to manage the process to control time and budget. The following questions need to be answered:

1. Who are the key people?

The people important to a case should be identified. These key individuals include not only executives, but also assistants and other support personnel from the technology, accounting, sales and marketing, operations, and human resources departments.

2. Where are the files located?

All the potential locations of electronic evidence should be identified. These include home computers and all computers that a key person would use elsewhere (such as a girlfriend or boyfriend?s home), cell phones, PDAs, Blackberries, and any other digital device that might be used. It is important to note that MP3 players, such as iPods, can also be used to store documents or important files.

3. How can the collection be culled?

Methods for limiting the number of files collected may include collecting only those in certain date ranges or only those containing selected key words or terms. This can be done either before or after an entire hard drive is collected forensically. Known file filtering can also reduce the collection by removing standard application files common to all computers (such as the Microsoft Windows? logo file).

4. How should password-protected/encrypted files be handled?

Encrypted files cannot be processed until the encryption is broken. In some instances, files with exact or similar names may be available without using passwords or encryption. File locations may also provide information about the value decryptions provide. Decryption may require significant time. Sometimes a password can be obtained simply by asking for it, so this should be the first step. If that fails, using a subpoena may be successful.

5. How should duplicate and near-duplicate documents be handled?

Electronic file collections almost always include duplicates. Multiple individuals may have the same e-mail, with the same attachments. Two or more people may have reviewed key documents, saving them on their hard drives during the process. In processing electronic collections, it is possible to identify exact duplicate files and limit the number of documents that require review.

Identifying exact duplicates usually occurs during the phase in which the metadata is identified and extracted from the files. De-duping the collection will minimally delay the processing.

Standard de-duping involves identifying files that are exact duplicates and eliminating them. If anything has changed within a document, including formatting such as a change of font, it is no longer an exact duplicate and is not de-duped.

It is imperative that both sides of a case agree on what is meant by de-duping. Many electronic discovery systems literally delete the files so they are gone from the collection. The forensic tools used in law enforcement, however, usually do not delete the duplicates, but merely identify them for future use.

Discussing this definition during the pre-trial conference to ensure that all sides of a case use the same definition is imperative to ensuring that there is not a discrepancy in the number of files that each side later has.

A more significant portion of any collection will be near duplicates. This includes files that have been significantly altered or contain only a portion of the main document. For some projects, the sheer file volume requires that near duplicates be identified and reviewed as a group. This significantly reduces review time and costs when compared to traditional linear review.

Identifying near duplicates requires comparing each document to every other document or using sophisticated software applications that require additional processing time. This technology increases consistency of review categories, reducing the chance of near-duplicate documents being identified as both privileged and non-privileged.

6. What form should the collection take?

The new rules state that the parties will meet and determine the format in which they wish to receive electronic evidence. In the absence of an agreement, the format will be that in which it is ordinarily maintained or in a reasonably usable format.

The choices a legal team has include whether each side prefers to receive the electronic evidence in native file format, converted to TIF or PDF, or in some other form. Often, this will depend upon the team?s standard litigation review system.

Such systems handle both native and converted files, with or without associated metadata and full text. There are pros and cons for both options. Native files with extracted metadata reflect the exact original file; however, they cannot be Bates labeled, which is a technique to mark documents with a unique identification code as they are processed, and are subject to inadvertent change.

Converting native files to TIF or PDF is time-consuming and is the most expensive task in electronic discovery. Because 60 to 80 percent of the files in a collection may be non-responsive or irrelevant, both the time and finances expended in conversion may be counter- productive.

The best compromise involves receiving files in native format, reviewing them for relevancy, and choosing only those that may be produced or used extensively for conversion to image format.

Managing the vast amount of electronic files for litigation requires preparation planning for the production, organization, and retrieval of pertinent and relevant documents and managing both cost and time budgets. Because every case presents unique circumstances, there are no absolute correct answers to the questions above. But a team that understands the choices and their ramifications is prepared to make the informed decisions that will result in the best possible outcomes for the case and the organization.

American Document Management is specialized in e-forensics and electronic document management

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Litigation Costs Review

litigation costs review

Statistics Show That for Millions of Americans, Insurance is More Than Worth the Cost

Today, many small businesses operate without liability insurance – with the exception of the workers’ compensation insurance, which is required by law. In many cases, business owners simply want to cut down on operating costs, but in today’s climate in which worker compensation claims have skyrocketed, operating without any liability coverage is a highly volatile practice.

With just one claim, what took years to build can be wiped out. Without liability insurance, the business can take a major hit from the litigation process and the owner’s personal assets can become vulnerable. Consider that in 2007, according to the Bureau of Labor Statistics, there were more than 335,000 cases of employees injured on the job due to contact with objects and equipment.

Workers’ compensation, which is required by law in all 50 states, protects employers from liability for an accident involving an employee. This coverage will pay medical expenses and lost wages on injured employees. In cases of disability, it will provide a lump sum or annuities. It is increasingly important employers review their general liability insurance policies to ensure the coverage protects the business against claims made for bodily injury or property damage. Coverage should include medical expenses, defending the lawsuit, settlements and in appeal procedures, bonds or judgments.

Premiums on General and Professional Liability insurance can be costly, and often the cost alone dissuades businesses from purchasing it. The cost, however, of operating without liability insurance can prove to be much more extreme. The out-of-pocket costs of filing a claim alone can escalate quickly and the number of damages that can occur such as fire or theft could nudge a business towards severe debt. If a worker is harmed on the job, the employer will face medical and legal fees. Workman’s comp insurance, which is required at varying levels by state, will provide a safeguard to the company.

Cost of no insurance

In September 2007, the Bureau of Labor Statistics issued a report detailing employee compensation. On average employers paid $28.03 per employee per hour. Of these costs, approximately $2.35 (8.4 percent) of total compensation went towards life, health and disability insurance – a nominal expenditure when compared to the cost of disputing or paying on a claim.

Lawsuit expenses alone can vary radically depending on several variables such as the type of claim and whether it was filed by a customer or an employee. Employers can count on spending a significant amount to defend the case. Typically costs and procedures include:

* A summons and complaint filed against the company, which results in several meetings and attorney fees, including consultation, transcript and research costs, all billed at an hourly rate.

* The claim will then progress to the deposition phase, which entails a settlement conference and a trial date. In addition to the billable hours and other various fees, the attorney will also bill for the deposition paperwork.

* During the trial, the attorney charges hourly and there’s no telling how long the trial could last. It could go from several days to several weeks. In addition to the hourly fees, the defendant is also being billed for various legal fees.

* Legal fees can include transcript fees, witness fees, court reporter fees, consultation and deposition fees, research fees and mailing fees.

In the event the employee wins the case, the defendant – the employer – will brunt the burden of not only paying the settlement, but also any medical, attorney and other expenses the prosecuting party has incurred. For those organizations operating without insurance, this can put them at risk of going into major debt or bankruptcy.

In one 2004 workers’ compensation case in California, a wood products company was ordered not only to pay its employees medical expenses, but also entitled the employee to, “…medical treatment as is reasonably required to “relieve†from the effects of his industrial injury, even if such treatment will not “cure†that injury…†In effect, the company will be paying for medical treatments indefinitely. The company did, however, have insurance coverage and did not have to foot the bill.

In a separate case, in 2006, an employee who suffered industrial injuries to the neck in the form of fibromyalgia was awarded payment of medical costs, in excess of $14,000, disability reaching nearly $100,000, plus life pension, which paid just over $45 per week.

Protecting assets

Insurance protects businesses against more than just worker-related claims. It can also cover disasters such as fires, natural disasters and theft.

According to a recent article in the Los Angeles Times, compensation awards to victims are now being determined for the recent Metrolink train crash in Chatsworth, Calif. and it’s expected the awards could easily exceed the $200-million cap Congress implemented on railroad liability in any one accident. If the cap is removed, Metrolink will be in an extremely vulnerable position.

While most businesses will never experience a disaster of this magnitude, insurance coverage beyond workers’ comp insurance may be necessary in ensuring the organization’s assets are protected. A workers’ compensation insurance quote should outline what coverage will include. From there the business owner can determine whether additional liability insurance is needed. Typically, liability insurance coverage includes:

* Legal costs – general liability insurance will cover litigation costs such as attorney and witness fees, as well as settlement payments.

* Medical costs – insurance will cover medical costs for individuals who may have been injured on company property, this includes employees as well as customers.

* Property damage – insurance will cover fire, theft or other incidents that damage the assets of the business. It insures the company from physical damage to the property as well as the customer’s property.

* Business interruption – insurance will cover the business in cases of major disasters, such as a fire, that render the business inoperable. If the business is unable to operate, the insurance would reimburse the company for its losses and the profits that would have been made during that time.

Business operators should shop recognized, established insurance providers to find the best coverage for their needs and the best price for their budget. All companies can provide general liability and workers’ compensation insurance quotes to help businesses budget for the expense.

References:

www.bls.gov/ect
http://www.dir.ca.gov/wcab/wcab_panel.htm
http://www.dol.gov/esa/owcp/energy/regs/compliance/weeklystats.htm

“Metrolink collision; Liability cap could be tested,†Los Angeles Times. Page 3. September 17, 2008. By Carol J. Williams

Litigation Salaries

litigation salaries

More Dangerous Professions Could Account for Wage Differences

A new report on differences in salaries of men and examines the disparity in salaries between men and women. The report indicates that one potential reason for the differences in pay is the gap between occupational hazards associated with the position; that is to say that the more dangerous a job is, the more it pays the worker performing that task. Construction work is notoriously dangerous work. It is almost always the case that both workers and visitors are required to wear the proper safety gear, including a hard hat reflective vest, and protective eyewear. The presence of heavy machinery, building materials, and uncompleted structures all pose serious injury risks.

Though most of the report focuses on the differences between male and female salaries, the report does offer some other interesting facts. The differences between workplace fatalities among men and women is staggering; approximately 7% of fatalities in 2008 were women, leaving men accounting for a whopping 93% of all workplace fatalities. Men were over 13 times more likely to die while on the job compared with women according to the report issued by the U.S. Bureau of Labor Statistics. While the incongruity between salaries is both alarming and offensive, a concern should be raised over the occupation risks which men find themselves in over their female counterparts. To read into the data provided by the report, it would seem that men more often than not find themselves in more dangerous job positions, such as that of a construction worker. As the risks of a position increase, so too does the pay.

The report continues to a similar conclusion. Occupational deaths are statistically more prevalent in male dominated industries, namely construction and manufacturing, which are comprised of an almost entirely male workforce: approximately 90% of all construction workers are male and approximately 70% of all manufacturing workers are male. Such industries have a history of being significantly more dangerous occupations than those dominated by a female workforce, such as education and health care.

Yet, these alarming statistics are not unusual. It is clear and apparent to anyone who watches the news that serious construction accidents happen on a daily basis. With the demand for construction projects rising, especially in developing nations, more workers put themselves at risk on a daily basis in order to provide for their needs and the needs of their families. A serious construction accident could leave a worker unable to report to work and subsequently out of a job. In families where the sole source of income is the construction position, any accident, especially a fatal one, can mean a dire financial forecast. Individuals who have been the victim of a serious construction accident could be entitled to legal recourse and monetary compensation if the accident was due to negligence or unsafe working conditions. Workers should consider developing a construction accident lawsuit if they have suffered financial setback or injury preventing them from work.

What is the base salary for a paralegal in construction litigation?

Depends on how good you are. Some lawyers are worth less than good paralegal. I paid a paralegal 2,000 for less than 3 hrs work and it was worth every penny.

I am a sub contractor www.myspace.com/ finishtouchenterprises a commercial project for a general contractor was late paying and giving me contradicting reasons. I went to a paralegal on a thursday 1 pm. He used his computer and found the principals of the mall I was working on. He found phone numbers and called the wives of the princaples. He apologized to them and mentioned the urgency, that he was retained to file a lien on the property. I was sitting there this whole time. He asked me to wait and within 20 minutes he phone started ringing off the hook by all these men who got balled out by their wives and these men are asking who am I, how much is owed and so forth. On my drive home the paralegal phoned me and mentioned the general contractor will be in his office with a check that following morning. I had the general write the check to the paralegal and the paralegal wrote me a check back less 2000.

This guy is worth every penny and avoided a 2 yr , drawn out litigation that would have paid me most likely .40/dollar.

It’s more than knowing how to file liens, write letters of direction and mailing notice of commencments. Its helping in the managment of the contractor who’s sitting across your desk. I have seen to many times. A sub-contractor close his doors because he didn’t get his money in time. Who he choses for managment is crutial from well scripted demand letters, direction doc protecting the subs invested interest in the project, and ability on collections expeditiosly as possible.

How much are you worth? Is how much you should charge.

Atlas Air Worldwide Holdings, Inc. Reports Strong Second Quarter Purchase, NY —- Atlas Air Worldwide Holdings, Inc., a leading global provider of air cargo assets and outsourcing aircraft, the solutions, today announced strong sales and earnings results for the second quarter of 2010, through continuous improvement in the air In demand, a tight supply environment driven a significant increase in volumes and Commercial charter rates and a continuing strength in …

Quotes Litigation

quotes litigation

Guidelines for Having Auto Insurance Quote in NC

The fourth fastest developing state of united state of America is North Carolina so it has chief network of expressway highways and covers 78,500 miles of roadway. Due to these long routes the list of accidents increases more and more day by day and it is observable that it is become an advantageous thing for many auto insurance companies through which they are earning lot of profit from this. $31000 is the least amount of bodily injures liability and $26000 is the minimum amount of property damage liability. If the insurance holder is litigating against an accident than bodily injury liability coverage is given to him. All the damages that are done by you when you met with the accident to the other will be paid by your insurance company when you are found at fault. It also covers all the damage that is done by you or even by your family member. Few guidelines that needed to be in mind while buying NC auto insurance quotes.

North Carolina Department of transportation (NCDOT) is the department that handles all the issues of transportation and another department that handles motor vehicles is department of motor vehicle (DMV). Online service is also provided by them in this they have created the sites which contain all the basic details of all the auto insurance coverage’s they have. You can access these details by giving your license number and control number into the login area. It means it is necessary to have authorized license number for having insurance in North Carolina.

You can also get answer of some frequently asked questions, rules, responsibilities and requirement from the websites. As many people choose online buying of an auto insurance policy because it is the cheapest and easiest mode of buying the auto insurance but it has one disadvantage that you have to fill you personal detail online like driving license number etc. one compulsory rule in north Carolina is that your insurance policy registered by auto insurance company is authorized by the state.
All the insurance holder have right to information provided by North Carolina Department of Insurance (NCDOI) which help the insurance holder to know about when an auto insurance is to be benefited, which it can be benefited and in what way it can be benefited.  The five factors that determine the rates of auto insurance are type of vehicle, safety features in the vehicle, clean driving record of person, living address of person and use of automobile.

Clock ticking for VeriSign to choose legal option
VeriSign has until October to decide whether to appeal a significant legal setback affecting its remaining core business to the U.S. Supreme Court, or return to a lower court for trial.

Litigation Services British Gas

litigation services british gas

Justice Delayed is Justice Denied

Jawaharlal Nehru, on the afternoon of March 19, 1955, while addressing the members of the Punjab High Court at the inauguration of its new building in Chandigarh, said, “Justice in India should be simple, speedy and cheap.” He remarked that litigation was a disease and it could not be a good thing to allow any disease to spread and then go out in search of doctors. Referring to an adage that “Justice Delayed is Justice Denied”, Pt. Nehru stressed that disposal of cases must not be delayed.

Securing Justice – Social, Economic and Political to all citizens is one of the key mandates of the Indian Constitution. This has been explicitly made so in Article 39 – A of the Constitution that directs the state “to secure equal justice and free legal aid for all its citizens.” But the experience of last 57 years shows that the state has failed to dispense quick, inexpensive justice to protect the rights of the poor and the vulnerable. Hon’ble Justice B.P. Singh, a serving Judge of the Hon’ble Supreme Court, spoke on the topic “Justice Delayed is Justice Denied: the Plight of Indian Poor” at Observer Research Foundation and said that “the situation today is so grim that if a poor is able to reach to the stage of Hon’ble High Court, it should be considered as an achievement. It has merely become a court of the rich.”

The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much time that even a generation is too short to get any type of redressal. A brief look at some of the judicial statistics would tell the true story of the state of justice in India today: -

On an average, 50 lakh crimes are registered everyday, which are sought to be investigated by the police.

The pendency of criminal cases in subordinate courts is in the region of 1.32 crores and the effective strength of judges is 12,177.

· The number of under – trials in criminal cases pending in the courts is 1.44 crores and of these over 2 lakh persons are in prison.

· On an average, Courts are able to dispose off 19% of pending cases every year.

The reasons for delay could be attributed to the fact that every case moves from the lowest to the highest level. Too many revisions, bails, applications make five cases of one. The Centre and the State Governments also contribute to the backlog. Not only is the Govt. the biggest litigant but also it creates fresh litigation because it doesn’t honour judicial decisions. Another obstacle to speedy justice is adjournments. As far as the situation in Subordinate Courts is concerned, the infrastructure is non existent and at times the judges have to write judgments with their own hands as they don’t have stenos. Every subordinate judge is caught between oppressive workload and hardly any time or facilities.

Constitution which mandates that the state shall secure that the operation of the legal system shall promote justice, on a basis of equal opportunity and shall ensure that opportunities for securing justice are not denied to any citizen. The Judiciary is bound to shape the processes of the law to actualize the constitutional resolve to secure equal justice to all. A people who are illiterate by and large, indigent in no small measure, feudal in their way of life, and tribal and backward in large numbers, need an unconventional cadre of jurists and judges, if equal justice under the law is to be a reality. If there is breach, judicial power must offer effective shelter. Even if a legislation hurting or hampering the backward sector is passed, the higher courts have to declare the statute void, if it be contra-constitutional. In sum, the judicial process, in its functional fulfillment, must be at once a shield and sword in defending the have-nots when injustice afflicts them. And this must be possible even if the humbler folk, directly aggrieved, are too weak to move the court on their own and a socially sensitive agency advocates the cause. Securing justice – social, economic and political to all citizens is one of the key mandates of the Indian Constitution. This has been explicitly made so in the Article 39-A of the Constitution that directs the State – to secure equal justice and free legal aid for the citizens. But the experiences of last 57 years show that the State has failed squarely on addressing some very basic issues–quick and inexpensive justice and protecting the rights of poor and the vulnerable. The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much of time that even a generation is too short to get any type of redressal.

That it will take more than 300 years to clear the backlog of cases in Indian courts is proof enough that our criminal justice system is sick, stagnant and in urgent need of a complete overhaul. A committee was set up, a couple of years ago, under Justice V S Malimath to examine changes and its report came, coincidentally, at the time that justice was finally done in the Uphaar Cinema case and just before the fourth anniversary, Jessica Lal’s horrific murder. Both cases draw attention, in different ways, to the glaring flaws in our justice system.

In the Uphaar case it is shocking that it took ten years to establish that the 59 people died because of criminal negligence on the part of the cinema management and the Delhi government. It was clear from day one that nobody would have died had the cinema followed safety rules but because the wheels of Indian justice move at the pace of our national vehicle – the bullock cart – it took ten years for justice to be done.

Causes of Delay:-

Delay in disposition of cases- Due to huge pendency, the cases take years for its final disposal, which would normally take few months time. The arrears cause delay and delay means negating the accessibility of justice in true terms to the common man. The very core of a civil society and rule of law is the provision of justice, but the decision must be delivered within a reasonable time. It is totally unfair if a suspected criminal waits for trial for years and is ultimately found innocent. Similarly, the victim of the crime will be also not satisfied if there is no punishment to the criminal for so long. Only speedy justice could ensure effective maintenance of Law and order. Quality of justice not only promotes peace in the society but also strengthens internal security of the country. There are number of litigations which could be avoided if Govt. officials had taken interest, for e.g. section 80 of CPC require a prior notice of two months to Govt. by a party who wish to sue the Govt. The purpose of this section is to give time to Govt. to settle the matter with such party by taking proper and suitable action, and thereby could avoid unwanted and unnecessary litigation. But the utter failure of Govt. official in taking a quick, bold and suitable action inspite of giving time forces a person to file case.

Strength of Judges are inadequate according to population and bunch of cases. As of January 2005, pending cases in the Supreme Court number 30,000, in high courts over 33.79 lakh and in subordinate courts over 2.35 crore – a totally unacceptable situation. Much of this is due to shortage of judges. The ratio of judges to population is 10.5 to one million, the lowest in the world. Even this low level is not reached because of the accumulation of vacancies in the Benches -140 against the approved strength of 668 judges in high courts and 2000 against 15000 in subordinate courts.4

The infrastructure of the lower courts is very disappointing. Though, the Supreme Court and High Courts are having good infrastructure but this in not the same position with lower courts. The Courts have no convenient building or physical facilities. The executive has failed to provide necessary infrastructure to enable judiciary and function normally. Good library, requisite furniture, sufficient staff and reasonable space are the need of the qualitative justice. In some courts security systems is also not good. The legal profession is one of the most struggling profession but no social security scheme is available for lawyers, some financial aid should be provided to Bar associations or the new beginners by the government. The good working condition of the lawyers would help in the excellence of service and qualitative justice to the litigating public.

Competency of the Other Staff in Court : It should also be kept in mind that not only Judges and Advocates be competent but also the administrative and clerical staff. The clerical staff must be free from all type of corruption. This is the era of computerization. The highly technical and competitive clerical staff will also help in speedy course. We all know how much time is taken in getting merely a copy of the judgment? It is hard that money is used to speed up the process. The bribe giver does not wish, to get anything done unlawfully, but merely wants to speed up the process of movement of files and communication relating to decision. Certain sections of staff concerned do work only after taking money.

Investigative agencies generally delay : The investigation of crime It is generally heard that the accused gets bail as the investigating agency failed to submit charge sheet within statutory period. The combination of several functions, such as crime investigation, riot control, intelligence gathering, and security of VIPs by a single police force has a devastating effect on the criminal justice system. Nowadays, the crime investigation is not immune from the partisan politics. The power of the government to drop criminal charges against the accused has further abused it. The lethargic police investigation is also a ground of slow process of law.

Consider the condition of the poor victims of Bhopal gas Leak disaster, which took a toll of 15000 people. Twenty years had passed to that ghastly incident; still now victims were fighting for its compensation, which fails to measure up the damage caused to them. Consider the terrible situation occurred in August 1991 as massacre of Dalits at Tsundur in Andhra Pradesh. 13 years had passed to that incident, the families of the victims of Tsundur, still await justice for those who died. They say, they will not find any peace until the guilty are punished for their crime. Consider the condition of those girls who were brutally gang raped during the Godhra riots in front of their helpless family members. Consider the victims of Best Bakery case who still awaits justice to be dispensed in their favour but the climax starts with the key witness in the case turned hostile and the entire fate of the Bakery case is in turmoil. Today the victims of the all the above-enumerated cases know full well that the price of truth is extremely high.

“Still they are waiting… But for what? Whether all these amounts to justice?”

Remedies to Overcome Delay (Suggestions)

I. Talking about the strategies to deal with justice delay, an improved justice delivery system means cutting down the number of adjournments, reducing the time for arguments, keeping a check on review petitions/ frivolous petitions, stopping lawyers extending cases and so on.

II. Punishments should be very stringent and the implementing authorities should be tough so that crime comes down automatically.

III. Lawyers should encourage out of Court settlements.

IV. In case a lawyer looses a certain number of cases, his license should be suspended for sometime so that lawyers refrain from taking up frivolous cases.

V. Govt. Officials should be made personally liable for lapses so that cases against the Govt. are reduced.

VI. The number of appeals to be filed for each category of case should be fixed. Every litigant should not be allowed to go to the Hon’ble Supreme Court. If need be, the law can be changed accordingly.

VII. It is needed to establish a body at national level composed of Judges, Lawyers and Legal academics, which should be charged with a duty to conduct examinations for recruitment to Indian Judicial Service (IJS). Article 233 will have to be amended to confer power on the president to appoint members of Indian Judicial Services on the recommendation of National Judicial Service Commission. The creation of Indian Judicial Service is appeared necessary to get best available talent in the country.

VIII. There is urgently need to improve the basic infrastructure and management of resources. Modern technology and use of computers could also increase the efficiency of the court system. The judiciary has also to learn management techniques through training at all levels. Though, the Supreme Court and High Courts are having good infrastructure but this in not the same position with lower courts. The lower courts are the basic institution of justice and to improve the quality of the justice dispensed with, it is necessary to improve their infrastructure by modern technology. Lack of funds should not be allowed to enter in the way of development of infrastructure, as external security is necessary, internal maintenance of law and order is also necessary for the internal security, national interest, peace and progress. In general budget certain handsome amount could also be allocated to judiciary like defence and education or a separate judicial budget should be placed, like railway budget. The panel of government lawyer should also be on merits not on the basis of nearness to ministers. As the government is the largest litigant, more transparency is required on their part. Govt. counsel should be selected on the basis of merit, efficiency, integrity, by some transparent manner. There should also be some permanent vigilance provision to observe the working of the public prosecutors. Security system in courts also needs improvement for proper confidence of people and fearless functioning of system. Information-counter should be set up in every court for the convenience of litigating public.

IX. Our criminal justice system has the urgent requirement of Independent Investigative Agency. Delay in police investigation is also one reason due to which cases linger on for years. It is, therefore, good to create an independent wing of police force, fully in charge of crime investigation, and functioning under the direct control of independent prosecutors. That wing should be accountable to judiciary and not to particular government of a time. The practice of torture and third degree methods, extra judicial execution in fake encounters may be stopped also when crime investigation machinery became accountable to judiciary. Such type of police wing also became knowledgeable about the type and method of the evidence needed. Hence, baseless cases, which lead acquittal, also could come down. So, there should be co-ordination between police and prosecuting agencies. The early disposal of case also boosts the morals of police force and will save time, which would have been taken in producing arrestee to the court Horn time to time.

X. We have inherited British legal system, British prescribed it at that time, without considering the need of Indian society nor did they consider the practical of the procedure. So, this system is drawn from different sources without seeing the ground realities. Some people today prefer to keep quiet, rather than go to the court of law. So, now this system is more Indianised for making it fit to society. It is heard that in ancient time justice system was very good. The disputes were settled on the spot by delivering justice. But ancient justice proceedings were oral in general and therefore no much record is available. Now we can take modem know-how from the countries, which have best justice delivery system by getting acquainted with the procedure followed there, if fit to Indian society. The civil and criminal procedure codes and the laws of evidence have to be substantially revised to meet the requirements of modem judicial administration. Though most of procedural laws are effective even today but some provision needs revision, especially the civil laws. To lessen the burden of cases, we may introduce the concept of’ Plea-bargaining’ by decriminalization of those wrongs, which can justly be dealt with by compensatory remedies (Compensation to victim like in tort). The institutions involved in justice delivery system such as the police, the prosecution, and the court, prison etc.-requires to be reformed in terms of organization, procedures, resources and accountability. So that, nowhere citizen feels uneasiness. There should be time limits prescribed for adjudication. There should be uniform formats for the appeals and petitions to make the procedure easy. The judgment should be in brevity and clarity. The concept like of public interest litigation is always welcoming, which is affordable to common men. Hence, there is a lot of scope to improve the situation. For e.g. Section 301 Cr. P.c. should be amended to allow the victim to appoint a lawyer of his choice in addition to public prosecutor to defend his case. Similarly, Section 3 13 (3) of Cr. P.C. also be amended so that the accused would be held liable for refusal to give answer or telling lie. The victim will be allowed to cross-examine the accused to elucidate the truth. There must be some fixed time for presentation of written statement, counter claim and reply like the plaint, under the I imitation Act. After all procedural law is meant to further ends of justice.

Conclusion

While the problem of delay looks daunting, it can be dealt with, by having more fast track Courts, making judicial services more attractive thereby attracting good lawyers and filling up all vacancies at various Courts. We can conclude from the above discussion that we should not resort in extra-ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is equally true. Therefore, sufficient, reasonable and due hearing of every cases with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice in spite of so many difficulties, which created faith of public in the rule. Of law is a great achievement, which really requires deep appreciation. Social justice will be possible only if the entire concept of egalitarian politico-social order is followed, where no one is exploited, where every one is liberated and where every one is equal and free from Hunger and poverty. The proverb ‘Justice Delayed is Justice Denied’ is proved as it is denied to the poorest of the poor. Providing basic necessities to them will amount to Justice because the definition of justice varies from individuals to individuals on the basis of its economic conditions. According to B.P.Singh J the situation today is so grim that if a poor is able to reach to the stage of a high court, it should be considered as an achievement.  Cases should be decided for imparting justice not for the sake of its disposal. Secondly, Arbitration procedure must be utilized as a better option for quick disposal of cases. Finally, to conclude with the words of Lord Hewet as it is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

“Without Justice, life would not be possible and even if it were it would not be worth living” ……Giorgio Del Vecchio”

Lawyer Litigation Rolling Leather Briefcase

lawyer litigation rolling leather briefcase

Briefcase Lock

For those who carry important documents or computer hardware, a briefcase lock may be what you need in order to provide yourself peace of nous as you travel for business or pleasure. By preventing people from casually seeing into your briefcase, you crapper protect confidential information as well as make destined that your case does not unexpectedly open when you do not want it to. <a href=” http://www.leasureviews.info/briefcase/Briefcase-Lock.php “>Click Here</a> 

When you are purchase a briefcase lock, there are several things that you should keep in mind. First, not every briefcase supports a briefcase lock. When you buy your briefcase, and you are fascinated in swing on a lock, you should check and make destined that your new case is compatible. As there are several different types of locks acquirable on the market, you may need to do some research in order to find a hair and case that work well together. 

If you hit the option of buying the briefcase and the briefcase hair at the aforementioned time, you will hit the option of a built in lock. These locks hit to be installed at the creation of the briefcase, as the design and materials hit to be modified to allow for such a lock. These locks are harder to break, more secure, and last a lot longer than an outside lock. As the briefcases are fashioned with the hair in mind, you crapper expect both the case and the hair to last a lot longer than  a hair that has been added as an after thought. 

A common type of briefcase hair is a key lock. These use small keys to hair and unlock the case, with the hair existence completely removed from the case when it is not in use. Briefcases that support these types of locks either hit dual zipper clasps, or a ring fashioned for the determine of having a hair installed. Some brands of briefcase manufacturers offer key locks built into their cases. 

Another type of common briefcase hair is the combination lock. These are commonly institute on luggage, and are usually built into the briefcase at manufacturing. These locks do not require a key, which is convenient for those who travel or do not like to carry a lot of keys around. <a href=” http://www.leasureviews.info/briefcase/Briefcase-Lock.php “>Click Here</a> 

Briefcases that hit a briefcase hair built in tend to be more expensive. However, these cases usually last longer, as they are fashioned to handle locks, and hit stronger materials around where the hair has been installed.

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Litigation Associates Pllc

litigation associates pllc

The Foreclosure Hearing

If your lender has notified you that it will be foreclosing on your home and you are preparing for the Foreclosure Hearing, it is important to understand that the clerk of court is allowed to consider only five specific issues at the hearing:

1.  Is there a valid debt?
2.  Has the borrower defaulted on the debt?
3.  Is there a right to foreclose in the mortgage or deed of trust securing the debt?
4.  Have all the proper parties received notice of the foreclosure?
5.  Is the debt a subprime loan?  If it is, was the pre-foreclosure notice sent to the proper parties?

That is it.  If the clerk determines these five requirements have been met and the borrower provides no legal defense to any of the five issues considered, the clerk is required to find that the foreclosure can proceed.  Other equitable defenses not directly related to the five issues above can only be raised in an action to enjoin the foreclosure in Superior Court.  

Dan Zellers and Scott Rudd- Founding Partners

Dan Zellers, originally from Ohio, earned his undergraduate degree in finance and management from Defiance College and his law degree from the University of Toledo College of Law. He is a member of the North Carolina Bar, South Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, foreclosure alternatives, landlord-tenant laws and estate planning.

Scott Rudd, a North Carolina native, earned his undergraduate degree in accounting from Campbell University and his law degree from the Norman Adrian Wiggins School of Law at Campbell University. He is a member of the North Carolina Bar, Mecklenburg County Bar and the North Carolina Bar Association. His practice is focused on residential and commercial real estate, business formation and litigation, foreclosure alternatives and work with homeowners’ associations.

Prior to founding Zellers Rudd PLLC, Dan Zellers and Scott Rudd worked together in the real estate finance group of some of the top international law firms in the nation. They represented large national banks and servicers in multi-million dollar commercial property transactions as well as multi-billion dollar commercial loan securitizations. These transactions included the negotiation of large servicing contracts as well as conducting large commercial loan transactions, loan assumptions, defeasances, parcel releases, and other consent matters on large commercial properties located all across the nation. In addition, their work prior to that has afforded them extensive experience in all aspects of residential real estate and residential real estate transactions including loan closings, foreclosure, landlord-tenant law, work with homeowners’ associations, default judgments and private transactions.

Milbank Adds Five-Partner Group From Latham’s Finance Practice
Milbank, Tweed, Hadley & McCloy has raided Latham & Watkins’ New York office for a five-partner banking and leveraged finance team. The partners include the global co-chair of Latham’s banking practice group, who has had a strong relationship with Goldman Sachs, according to a source. The departure from Latham represents a rare loss for the 2,000-lawyer firm, which is more often known for …

Litigation Lawyer Jobs

litigation lawyer jobs

The Different Types Of Lawyers

Today, we can find all types of lawyers to answer whatever legal need we come across with. If you are looking for a specific kind of lawyer or if you are considering a carer in law, here are some of the types of lawyers that we have today to help you out.

1. Asbestos Lawyer

Asbestos lawyers or Mesothelioma lawyers, are those lawyers who represent clients experiencing health problems which resulted from the inhalation of minute asbestos particles. Such clients would include any individual who has been under some level of exposure to small asbestos particles, like those people who have worked or have lived around asbestos. A few examples would be construction and office workers, school children who go to schools that have been constructed with the use of asbestos-containing building materials, as well as those who live in apartment that are considered as toxic buildings.

2. Assault Lawyer

Assault lawyers would be those lawyers who handle various criminal as well as civil assault cases. Criminal assault lawyers or criminal defense lawyers would be those who defend individuals who have been charged with some kind of criminal assault. Civil assault lawyers or personal injury lawyers represent victims of assault and battery so that they would be able to recover the damage for the physical injuries that resulted from the crime.

3. Car Accident Lawyer

If you are the victim of some kind of hit-and-run accident, or have been involved in a vehicle collision, a pedestrian accident or an alcohol or a drug-related incident, a car accident lawyer would be just what you need. This particular type of lawyer would be able to ensure that you would be receiving a fair treatment and compensation from insurance companies and assisting you in the recovery of everything that you are entitles to such as lost wages, pain, sufferring, medical bills, as well as property damages.

4. Bankruptcy Lawyer

If you are in a stage in your life where you are considering filing bankruptcy, a competent bankruptcy lawyer would be able to help you out. He or she would be helping you to evaluate your situation, the available options as well as the best course of action to take before actually filing for it.

5. Criminal Lawyer

Criminal defense lawyers would probably one of the most popular types of lawyers today. This type of lawyer actually has a rather difficult job as he or she represents those individuals who have been accused of a crime, as they make sure that there would be a just trial given to the defendant or to their client.

Some other types of lawyers would be divorce lawyers, employment lawyers, fraud lawyers, medical malpractice lawyers, litigation lawyers, tax lawyers, traffic lawyers, software lawyers and many more.

The above are a few of the common lawyers that people hire on an everyday basis. I would say these are the lawyers that make a major portion of the legal market. There are a few others, which I will cover in a later article.

If a lawyer….?

If my litigation lawyer, whom I chose, charges $125/hr, has to “pass” my case on to another lawyer in her firm, (she started a new job), and the new lawyer charges $225/hr, am I going to be billed at her original rate or the new lawyer’s rate?

You probably signed an engagement letter when you hired the attorney. You need to read it. You’ll probably be billed at the higher rate, but hopefully, you are getting a more experienced attorney who won’t have to spend as much time researching and learning about your case. That’s one of the main reasons newer lawyers charge less, they take longer to do things. But, your best bet is to talk to the new lawyer, and ask, they may work out a special discount for you in this circumstance. It never hurts to ask.

Law Litigation

law litigation
t14 law schools litigation?

Hey i really wanna go to one of the t14 law schools but as i research i hear about “big law” jobs and i assume those are the corporate lawyers who deal with paperwork. This may seem stupid too ask but i’d like to be an actual trial lawyer or a clerk. Can i still make a lot of money coming out of law school and do litigation

I practiced law for many years after graduating from a top ten law school. The only frequent way to do litigation right out of law school is to work for a public prosecutor or public defender. With the experience you gain in criminal litigation, you can open your own civil litigation practice in five to eight years and have the chance to make as much money as you can.

Public prosecutor jobs in small towns start at around $65k and go up to $100k. In big cities they start at around $80k and go up to $200k.

Of course it is an advantage to clerk for a judge right out of law school.

The big law firms do have litigation departments where you can also make a lot of money, but you usually spend the first five years doing paperwork in support of the litigation and probably never see a client.

Actually, dealing with clients is not particularly pleasant. I left private practice and went to work for a public prosecutor. A big reason is that I was tired of dealing with clients who have unrealistic expectations.

Brad Clark: UK College of Law: Litigation Skills: Defense Opening Statement

Injury law Portland, Oregon

An injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.

Certification and education

In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.)

In all states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.

Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice, by completing a required number of continuing legal education (CLE) courses to help personal injury lawyers stay abreast of developments in their field.

Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).

Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a “Certified Trial Attorney”, which can be for both plaintiff and defense attorneys.

Professional regulations and associations

Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.

Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:

American Bar Association

Association of Personal Injury Lawyers

Association of Trial Lawyers of America

About Kevin Lucey

Kevin Lucey has been an attorney and a sole practitioner since 1992. He specializes in personal injury, civil rights, contract disputes and criminal law litigation. He has helped his injured clients obtain settlements and awards through simple negotiations, arbitrations, mediations and trials. He has also secured acquittals or obtained favorable settlements for many of his clients accused of crimes.

Kevin is admitted to practice in the courts of the State of Oregon and the United States District Court for the District of Oregon. He volunteers for the Multnomah Bar Association where he has served on the Equality Committee and chaired the Pro Bono Committee.

For more information on Injury law Portland, Oregon </a> you can visit our web site http://www.kevinlucey.com/

Litigation Vs Transactional Law

litigation vs transactional law
MoneyGram International Reports Second Quarter Financial Results
MINNEAPOLIS—-MoneyGram International, Inc. , a leading global payment services company, today reported financial results for the second quarter of 2010. Money transfer transaction volume increased 7 percent and money transfer fee and other revenue increased 2 percent in the second quarter of 2010 versus prior year.
Doing litigation first will help with first principles: GE Vahanvati

Expert Advice: Employment Discrimination Lawsuit Funding – Lawsuit Loan

No-Risk Lawsuit Settlement Loan for Workplace Litigation Plaintiffs

Employment discrimination lawsuit loan or lawsuit funding is a non-recourse cash advance provided to a plaintiff involved in an employment discrimination or workplace harassment lawsuit even before his/her lawsuit is settled or resolved.

Most of plaintiffs involved in employment discrimination or workplace harassment litigation or lawsuit do not realize that they can get lawsuit settlement loan or lawsuit funding before their case settles. It is a contingent transaction in which cash loan is advanced based solely on the merits of a pending employment discrimination lawsuit. Lawsuit loan is paid back only upon successful verdict or settlement of the lawsuit. If the employment discrimination or workplace harassment lawsuit plaintiff loses case, the cash advance is never paid back to the lawsuit loan funding company.

What is Employment Discrimination?

In our country U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons.

According to the U.S. Equal Employment Opportunity Commission (EEOC), employers can not discriminate against you in any aspect of employment, such as:

Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave

The EEOC reported that it received 82,792 job-bias charges from private-sector employment in fiscal year 2007, the highest number since 2002 and the largest annual increase (9%) since the early 1990s. The most notable increases were for race (12%), retaliation (18%), age (15%) and disability (14%) discrimination.

If an employee experience employment discrimination or workplace harassment then he/she has the right to go for a legal resolve by means of employment discrimination lawsuit or claim. Depending on the kind of discrimination, the lawsuit will be called as following:

1. Age Discrimination Lawsuit 2. Racial Discrimination Lawsuit 3. Sexual Harassment or Discrimination Lawsuit 4. Gender or Sex Discrimination Lawsuit 5. Sexual Orientation Discrimination Lawsuit 6. Disability Discrimination Lawsuit 7. Religious Discrimination Lawsuit 8. Pregnancy Discrimination Lawsuit 9. Workplace Harassment Lawsuit etc.

David vs. Goliath:

Mostly the legal battle between employment discrimination client plaintiffs and defendants is like a clash between David vs. Goliath. Employment discrimination lawsuit cases are very complex to handle and to resolve and if it is against a major corporation their attorneys will be able to delay lawsuit judgment for years. Even if, law is on your side, deep-pocket defendants can buy time with legal ploys and delays, and maneuver to frustrate the plaintiffs. They exploit the cumbersome process of law.

You will agree that justice delayed is justice denied.

Most of the victims of employment discrimination may have lost their jobs. The plaintiff/victim has trouble paying his/her mortgage, rent, car payments, or other living expenses; while waiting for the settlement of the lawsuit. Many of them may be one or two payments away from foreclosures. They need cash money now.

How Employment Discrimination Lawsuit Loan or Lawsuit Funding Helps?

Employment discrimination lawsuit settlement funding provides plaintiff, the cash loan so that their attorneys have more time to negotiate the best possible lawsuit settlement for their pending employment lawsuit or legal claim. By offering appropriate lawsuit settlement funding or settlement advance, a reputed lawsuit funding company enable the plaintiffs to resist financial pressure to take the first low ball offer made by defendants attorneys.

Once the plaintiffs involved in employment discrimination litigation dispute get interim lawsuit funding or lawsuit loan, it can be used to cover credit card debt, mortgage payments, medical bills and other living expenses. By helping plaintiff client through a difficult period, lawsuit loan funding company also give the extra time to negotiate a larger settlement.

The practical value of available cash money is at maximum, when you are in financial distress.

Employment discrimination litigation process usually causes intense financial stress and mental anxiety under the best of circumstances. It can cause lot of financial strain from lost or reduced salary or wages or tapping into cash reserves. But employment lawsuit loan or lawsuit funding will ease or alleviate the pressure and will make it a less tedious process. The cash advance available from a lawsuit loan will make it easier or less difficult and will contribute financial strength to reduce the economic anxiety and financial problems.

An employment discrimination or workplace harassment lawsuit loan or lawsuit funding allows you to leverage the expected settlement from your case to obtain the cash money you need now. Lawsuit funding or lawsuit loan eliminate the need to accept a minimal settlement amount due to personal financial pressures, and get the fair and just settlements the plaintiffs deserve.

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