Archive for November, 2008

Why people should have a PrePaid Legal Plan?

Mark H asked:


I have seen a lot of people rip on PrePaid Legal and say that it is a scam. I am an associate for PrePaid Legal, but even if I wasn’t, I would say those people are wrong! It is not a scam! I have saved THOUSANDS of dollars with only a few matters with my provider lawfirm.

1. I have used my provider law firm prepare my will for me and my family. It would have cost me $700 locally to have it done by an attorney in my town.

2. I got a speeding ticket, and my attorney law firm got it reduced to a “illegal turn” citation. No points, and 1/2 of the fine. My city is not known for reducing fines. Savings of about $1,500 in three years for insurance rates increase.

3. They reviewed my business documents at no charge, and now I don’t sign anything without them looking at contracts. This is HUGE!

4. A furniture store refused to clean my sofas with their “protection” plan. I called the law firm, and the cleaners came out the next day.

I just want to know some don’t like PPLSI.

4 comments - What do you think?  Posted by admin - November 30, 2008 at 2:57 am

Categories: Law & Ethics   Tags: , ,

Corporate Litigation Costs

corporate litigation costs
Climbing Back
Consultants George Socha and Tom Gelbmann highlight key trends they identified in their annual e-discovery survey.
Hill International Corporate Video

Reasons for taking Corporate Law Attorney For Business Majors

Whether you are looking to start a business anywhere in Miami, reorganize an existing business, or simply need advice concerning day-to-day business transactions, you want a law firm or experienced corporate law attorney in Miami who will be able to give you and your corporate legal concerns as much attention and effort as possible.  Corporate law attorney understands that in business, time is real money. They respect both their clients’ time and money and are energetic in their efforts to provide the most efficient, economical, and successful legal services. The most successful companies not only start out with quality financial guidance, but also with proper legal counsel from a qualified and experienced corporate law attorney.

General Business and Corporate Law Services

A corporate law attorney is eager to put his knowledge and proficiency to work for you with the following practice matters-

  1. Entity Formation
  2. Acquisitions and Dispositions
  3. General Business Contracts

Attentive- Proficient- Tenacious

When you need legal assistance, contact a business lawyer. They have helped countless families,individuals, and business owners finding expert solutions to the legal problems clients face.

They are experts and provide a comprehensive range of services to their business clients ranging from-

  1. Preparation of agreements, filing and publication requirements
  2. Sale and purchase of Businesses
  3. Mergers,acquisitions, and joint corporate ventures
  4. Corporate Dissolution
  5. Business succession planning
  6. Advising clients in businesses recapitalizations, redemptions, reorganizations, and formation.
  7. Legal Contract Preparation
  8. Handling all documentation, filing and publication requirements for the creation of corporations
  9. Help in determining which entity will best suit your needs.

Reasons for hiring Corporate Law Attorney for Business Majors

Attorneys do their job by having a firm grasp of Federal, State, and Local laws, and they use their specialized knowledge to help their clients’ cases. The occupation of lawyers, or attorneys, is a professional field that will always be needed. If you are facing litigation, you need to hire a qualified corporate law attorney. Even if you aren’t faced with litigation, an experienced corporate law attorney can advise and assist you in drafting business plans, fundamental business formation and structuring financing provisions.

The risks and costs of business litigation later down the road are too great to not engage a business litigation attorney before you enter into entity formation, or general business contracts legal formalities.  Business law attorneys can help you with all of your business litigation needs. They are committed to working closely with you to come up with solutions that achieve your objectives in an efficient and cost-effective manner.  They respect the value of your time and money, and are expert in handling your transactions correctly the first time, alleviating any errors.

Be the first to comment - What do you think?  Posted by admin - November 28, 2008 at 8:56 pm

Categories: Litigation   Tags: ,

Financing Litigation

financing litigation
How to make collections stop calling?

Ok here’s the deal. I have a very small private student loan. It’s through Iowa Student Loan Liquidity Corp. I filed for a forbearance on it last summer because I was about to give birth to my first child and finances were tight. Well, apparently, the loan wasn’t eligible for a forbearance. But, ISLC never called me (or my mom, who is a cosigner) and they never sent me anything by mail at all. I just found out that the loan is in default – never received any notification of that either. Don’t they legally have to notify me? They said they did, but obviously not.

So, I have been making payments to the collection agency that’s collecting on the debt. But this stupid guy keeps calling me and harrassing me! He’s even told me that if I didn’t pay the whole thing he’d have my wages garnished or litigation. I’ve been paying them so shouldn’t they STOP calling me? What should I do?

Yes they have to attempt to contact you before sending this to default and trust me they can easily prove they tried.

If they are accepting your payments, then they cant harass you. Paying them means they agree the current terms of agreement and they cant garnish your wages if the current terms of agreement applies. Give them a cease and desist letter. Tell them the original terms of agreement apply and you are NOT willing to change them. If they try to force you to change, you have the right to refuse payment completely. Read that fine print in your collection agreement if you have them. Depending on which state you live, your payments may or may not be taken from you.

http://www.ihatedebt.com/DealingWithYourCreditors/DealingWithDebtCollectors/Cease_and_Desist_Letter_for_Debt_Collectors.php

Presser: Third Party Financing of Litigation

Accounts Receivable Financing- Fuel your Growth

“Truckin got my chips cashed in. Keep truckin, like the do-dah man.

Together, more or less in line, just keep truckin on.

Arrows of neon and flashing marquees out on Main Street,

Chicago, New York, Detroit and its all on the same street.

Your typical city involved in a typical daydream

Hang it up and see what tomorrow brings…”- The Grateful Dead lyrics

to their song, Truckin’.

“There is a road, no simple highway, between the dawn and the dark of night, and if you go, no one may follow, that path is for your steps alone”- Jerry Garcia quotation.

Many books have been written about the Greateful Dead and about Jerry Garcia. It has been written that they succeeded “in spite of themselves”. The lyrics of Truckin’ suggest a meandering of purpose albeit a desire to get somewhere. One might say that Jerry Garcia was telling us that there is no simple way to success. You have to find your own way there.

One of the greatest impediments to success in the trucking business is getting paid on time. What if it takes 30 to 60 days to be paid after you have delivered the goods to your customer? How do you pay for fuel, insurance, equipment leases and wages? Accounts receivable financing may be your answer. Once you have a receipt/bill of lading for delivery and an invoice that can be confirmed, you can receive an advance of 80% to 95% of the funds due to you. When your client pays, you receive the remainder due, less applicable finance charges.

Johnny Cash wrote in his song “Further On Up the Road”:

“Now I been out in the desert, just doin’ my time

Searchin’ through the dust, lookin’ for a sign

If there’s a light up ahead well brother I don’t know

But I got this fever burnin’ in my soul

So, Let’s take the good times as they go

And I’ll meet you further on up the road”

If you are “Truckin’” accounts receivable financing may help you get “Further on Up the Road” to your financial success. Why not just go to your bank for all the funds you need to grow your business? If you have great credit, two past years of successful operations, excellent bookkeeping, and no major needs for substantial growth your bank may be the best choice.

If the bank says “no” to your growing company’s needs because you do not meet their qualifications, accounts receivable financing can accelerate your cash flow to pay your payroll, your fuel, insurance and other costs. You can take on new business opportunities and grow successfully by managing your cash with this proven method of commercial financing.

Here are some questions to ask yourself: Do you need a back office to help you with your collections and operations? If you company is a startup, you may want a commercial finance company to handle one hundred percent of your collections. If your company is established and you have administrative personnel, you may not want a third party talking to your customers regarding collections, especially if you believe these contacts may cost you business. Perhaps you want something in between regarding collections, where you can be the “good cop” and the commercial finance company’s collection department can be the “bad cop”.

Do you need credit check on prospective customers? Do you need help with legal or regulatory compliance issues? Are you in a cash crunch emergency that requires you to make a decision in a very short time such as one to three days? Do you have the time to read and compare proposed terms from several commercial finance companies just as you might if you were getting a loan on your home? Are you computer literate and will you have online access to your accounts? Lastly, is the cost of these extra back office services worth the extra expense you may be charged?

Here are a few legal issues to think about: Are you required to sell all invoices for a particular shipper or can you pick and choose which invoices you desire to sell? What does the contract say about choice of law? If you have a dispute with the commercial finance company and your headquarters is in California, will the dispute be pursuant to California law and California courts, or will you be agreeing to settle any dispute in a distant state such as New York? Can you afford to go to New York? Are you giving up your right to litigate disputes with a mandatory arbitration clause? Is there an attorney’s fee clause in the contract so if you have a dispute and win, your attorney will be paid?

The bottom line: The Grateful Dead and Johnny Cash were right: keep on trucking further on up the road with accounts receivable financing; and choose your lender wisely.

Copyright © Gregg Financial Services

www.greggfinancialservices.com

Be the first to comment - What do you think?  Posted by admin - November 26, 2008 at 10:11 am

Categories: Litigation   Tags: , , , , ,

Prepaid Legal: A Practical way to “Retain” Lawyers and Legal Help

James Hunt asked:


Nearly everyone will need lawyers at some point in his or her life. Whether it’s to draft a will, draw up a contract, find legal help and advice or obtain a divorce, lawyers provide the expertise other citizens don’t have. However, legal help can be expensive, and most people can’t afford to retain a lawyer or a firm for those instances when something just comes up. An increasingly popular solution to this problem is prepaid legal.

Prepaid legal functions on much the same premise as insurance. When one buys auto insurance, the expectation is that a regularly paid premium assures the purchaser that the company will cover the expenses necessary to fix an unexpected problem. Medical/health insurance carries with it the same expectation.

When purchasing legal help through a prepaid legal plan, one is, in essence, receiving legal insurance. Lawyers are on hand to provide advice and/or representation as needed. However, like other forms of insurance, prepaid legal features different levels of covered services and different prices, depending upon which plan is chosen.

Some employers offer prepaid legal help as a fringe benefit. It is also possible to purchase through “group legal plans” through coops and other groups. Before choosing a plan, however, it is important to be sure the company offering the service is reputable. Checking with the Better Business Bureau can be a big help.

Lawyers can be expensive. Hourly rates are high, and the cost of legal help on retainer is often prohibitive for most people without large amounts of wealth. But at some point everyone will experience a need for legal help, or at least access to lawyers. A prepaid legal plan can help alleviate the high cost of legal representation, while ensuring that legal advice is readily available.



Be the first to comment - What do you think?  Posted by admin - November 24, 2008 at 1:47 pm

Categories: Uncategorized   Tags: , ,

Litigation Scanning

litigation scanning
Just got a challenge?

I start working in a office solution company. We do litigation, copying, scanning and other document management. Please tell me how can i get big contract from the companies. Any ideas of marketing. Currently i am cold calling and send mails to some customers. Please take time to advice
check my www.nationallegaltech.com

Give a couple of speeches at a Rotary Club or at a trade show for your industry. This way your clients will come to you instead of you cold-calling them. It works for me anyway. I found about 60% of my leads by giving speeches at my rotary club (or any type of organization that will let you speak). Worth a shot anyway…

Mike

Matrix Document Imaging

Secure Confidential Files With Legal Document Duplication And Litigation Copying

Part of litigation proceedings is the management, collection, and duplication of papers. Legal document duplication is an important aspect of legal proceedings because privacy policies are of high value for law offices and all parties involved. Any documents gathered before, during, and after any litigation process are scanned, copied, filed, and duplicated so that the entire litigation process goes smoothly.

Legal document duplication is the reproduction of legal files such as lists of evidence, subpoenas, interview transcriptions, audio and video recordings, among others. This process is also known as litigation copying. Litigation copying is not like the normal process of reproducing papers. There’s a little more work involved. For instance, each duplicated legal copy has to be properly labelled and stamped so it doesn’t get mixed up with the originals. Law firms usually have their own stamp so they know that the copy is true and legitimate.

Legal scanning is also a standard procedure for litigation copying. Black and white papers, as well as colored graphics and pictures are scanned, labelled, and then indexed so other copies may be given to all parties.
CopyScan is one good example of a legal document duplication company with 10 years of experience. They offer fast copy, legal scanning, and audio/video duplication services for the everyday needs of law offices. CopyScan also uses Scan to File system that allows direct copying of scanned documents into your computer’s registered IP address for quick access to these legal documents. Scan to File is one of the fastest and secure means for legal scanning and duplication available in the software market.

CopyScan also supports attorney services by providing some parts of the litigation process. Litigation services include the legal scanning and duplication of files from the opposing counsel, and CopyScan does just that. Other litigation services include centralized paper depository, imaging, OCR and OWR, manual and auto-coding, and database creation and indexing. You may also ask if they offer opposing counsel services so you don’t have to go to another company for the duplication and delivery of litigation files.

Legal copying and duplication also covers conversion of old format files into newer formats. Cassette tape recordings can be converted to audio CD files and VHS tapes can be converted to digital CD or DVD file formats. You can have anything converted and duplicated in a short amount of time.

Any kind of document can be duplicated at any time. You can even ask CopyScan to scan and make copies of large documents like blueprints and land surveys. They also offer X-ray services for medical files and documents that require x-ray copies.

CopyScan is HIPAA compliant so you know all procedures are done based on standard operating procedures. Legal copies cannot be left to non compliant companies because you are sure to risk privacy and security of everyone involved.

A good litigation copy service company should be able to provide fast and immediate service for law firms since most, if not all, need to have legal document duplication everyday. What you need to look for (aside from HIPAA compliance) is the ability for fast copy, digital printing, and systematic indexing standards.

Be the first to comment - What do you think?  Posted by admin - November 23, 2008 at 5:27 pm

Categories: Litigation   Tags: , , , , , ,

Sample Litigation Cover Letter

sample litigation cover letter

Why You Need Legal Help

Why you need legal help

We are likely to need legal help at least once a year, yet most of us do
not actively seek legal help. This is borne out of data from a survey
conducted by Leo J. Shapiro & Associates, on behalf of the American Bar
Association’s Section of Litigation, which shows that close to three
quarters of American adults experience some event during a twelve-month
period that may require the services of a lawyer. Over half of those who
needed an attorney chose not to hire one, and close to 80% of those yet to
experience legal problems gave strong indications they might go down the
same route.

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Why all the doom and gloom? Price is the most sticking point
for most consumers. When it comes to hiring a lawyer, hourly fees of $100
up to $1000 are out of reach of most people’s budget. And then comes the
trepidation of searching for a good attorney and the right service: there
is a lot of uncertainty and confusion as what a lawyer will do, and how to
tell the good from the bad. A legal plan may solve these problems and change the way you think of legal
services. Thanks to this arrangement, you can now talk to a lawyer whenever
you have a problem, without fear this will leave you out of pocket. In
fact, you don’t even need to be embroiled in a legal problem to get legal
advice:  just pick up the phone, call your attorney and get the necessary
legal advice susceptible of resolving any potential problems –with
professional legal advice and follow-up, you can prevent ninety percent of
your legal questions becoming legal problems. Basic services such as the
drafting of your will, review of sample health contracts and writing
letters on your behalf are handled at no cost to you. If you want further
coverage to include family problems, such as a divorce or custody of
children, and any legal representation in court, then you simply pay a
premium and get more inclusive coverage.
Even if your plan doesn’t cover complex legal matters, it can still save
you money on those sky-high attorney fees. Discounts of up to 20% are
offered on hourly and flat rates. Ultimately, it’s not all down to how much
you can save. Having an attorney readily available at all times gives you
peace of mind, in the knowledge that there is someone you can use on
retainer for advice and help on anything of legal nature.

Be the first to comment - What do you think?  Posted by admin - at 2:59 am

Categories: Litigation   Tags: , , , , ,

Litigation Paralegal Salaries

litigation paralegal salaries

Paralegal Training Is Your First Step to a Great Career

While it is possible to secure a paralegal job without formal education, these jobs have become few and far between. To take advantage of the many opportunities in this growing profession you need to undertake high quality paralegal training. The job market for paralegals has become more competitive in recent years and paralegal training is the best way to set yourself apart from crowd.

Paralegal training comes in a variety of forms. Of course, there is on the job paralegal training but that is not practical for people who are just entering the profession. The most readily available paralegal training is done through community college paralegal programs. On completion of the program you will have an associate degree plus some sort of certification. If you already have a degree in an unrelated discipline, a community college can provide you with additional courses that focus on paralegal training. You will likely receive a certificate in paralegal studies when you complete the coursework. Some four year schools offer bachelor’s and master’s programs in paralegal studies as well. You may also find programs available at local vocational and technical schools.

According to industry estimates, there are more than 1,000 schools that offer formal paralegal training. This includes all types of schools — from two year schools to law schools. Of these, about 25% are approved by the American Bar Association (ABA). While ABA approval is not considered mandatory by most employers, it certainly does not hurt. Most states do not have licensing or certification requirements for paralegals. This makes your paralegal training all the more important since you are competing for top jobs with a broad range of candidates.

Once you have completed your paralegal training, you can get further credentials by seeking certificates from one or all of the three national paralegal professional organizations. These include the National Association of Legal Assistants (NALA), the National Federation of Paralegal Associations (NFPA) and the American Alliance of Paralegals (AAPI).

When investigating your paralegal training options you need to consider a variety of factors. The first, of course, is the quality of the program. You may also want to check to see what kind of job placement assistance is available to you once you have completed your paralegal training. You should take into account your personal lifestyle as well. Do you need to attend classes only in the evening or can you go full time during the day? Is the program nearby or will you have a significant commute? Is tuition in the range of what you can afford? Does the school offer internship programs or work study? These are all factors that need to be weighed in your decision of which paralegal training program is right for you. If you can talk with others who have graduated from the paralegal training program you are researching you will be able to gather a great deal of good information to help you make your decision.

As you begin to look closely at paralegal training programs you will likely find that most curriculums have much in common. Programs typically offer courses in legal research and writing, information technology applications in the legal field, legal ethics, law office etiquette, and other general legal topics. You will also likely find courses that specialize in legal areas such as tax, litigation, contract, or criminal law. Your paralegal training program may allow you to concentrate in one of these areas.

Regardless of what area of the law you are interested in, you can find a paralegal training program that fits your needs and satisfies your intellectual curiosity. Once you have completed your program you will be well on your way to enjoying a satisfying and challenging career.

 

Be the first to comment - What do you think?  Posted by admin - November 21, 2008 at 12:53 am

Categories: Litigation   Tags:

Define Litigation Process

define litigation process
Indirect economic damages from Gulf of Mexico oil spill can be hard to define
For example, some salons that specialize in beach-ready beauty say the coastal pollution has affected their business
Nephilimfree admits he FREELOADS 100% off his disabled friend’s benefits check. for YEARS (Mirror)

Public Interest Litigation

                   PUBLIC INTEREST LITIGATION

 

 

Introduction:-

                      The development of Public Interest Litigation (PIL) in the country has very recently uncovered its own pitfalls and drawbacks. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. They try to utilise this extraordinary remedy, available at a cheaper cost, as a substitute for ordinary ones. This mini article briefly narrates the ill effects of the emerging malady and possible remedies.

 

Injustice anywhere is a threat to justice everywhere.
                                                                                              -Martin Luther King, Jr.

                                  Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organised efforts or attempts to take up wider issues that affected 
classes of consumers or the general public at large.

                                     However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.

Public Interest Litigation (PIL)-The legal history:


                    Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: the 
public in general. Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved party. In other words, only the affected parties had the locus standi (standing required in law) to file a case and continue the litigation and the non affected persons had no locus standi to do so. And as a result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on the other.

                                  However, all these scenario gradually changed when the post emergency Supreme Court tackled the problem of access to justice by people through radical changes and alterations made in the requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to convert the apex court of India into a Supreme Court for all Indians. And as a result any citizen of India or any consumer groups or social action groups can approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake. Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation.

PIL- A BOON:

1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.
2. Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.

ABUSE OF PIL: 

                          However, the development of PIL has also uncovered its pitfalls and drawbacks. As a result, the apex court itself has been compelled to lay down certain guidelines to govern the management and disposal of PILs. And the abuse of PIL is also increasing along with its extended and multifaceted use.

Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.

Just as a weapon meant for defence can be used equally effectively for offence, the lowering of the locus standi requirement has permitted privately motivated interests to pose as public interests. The abuse of PIL has become more rampant than its use and genuine causes either receded to the background or began to be viewed with the suspicion generated by spurious causes mooted by privately motivated interests in the disguise of the so-called public interests.

STEPS NECESSARY:

                         With the view to regulate the abuse of PIL the apex court itself has framed certain guidelines (to govern the management and disposal of PILs.) The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations. The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives. Political pressure groups who could not achieve their aims through the administrative process or political process may try to use the courts (through the means of PILs) to further their closely vested aims and interests.

There may be cases where the PIL may affect the right of persons not before the court, and therefore in shaping the relief the court must invariably take into account its impact on those interests and the court must exercise greatest caution and adopt procedure ensuring sufficient notice to all interests likely to be affected.

At present, the court can treat a letter as a writ petition and take action upon it. But, it is not every letter which may be treated as a writ petition by the court. The court would be justified in treating the letter as a writ petition only in the following cases-
(i) It is only where the letter is addressed by an aggrieved person or
(ii) a public spirited individual or
(iii) a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class or group of persons who by reason of poverty, disability or socially or economically disadvantaged position find it difficult to approach the court for redress.

Even though it is very much essential to curb the misuse and abuse of PIL, any move by the government to regulate the PIL results in widespread protests from those who are not aware of its abuse and equate any form of regulation with erosion of their fundamental rights. Under these circumstances the Supreme Court Of India is required to step in by incorporating safe guards provided by the civil procedure code in matters of stay orders /injunctions in the arena of PIL.

In the landmark case of Raunaq International Limited v/s IVR Construction Ltd, Justice Sujata V Manohar rightly enunciated that – when a stay order is obtained at the instance of a private party or even at the instance of a body litigating in public interest, any interim order which stops the project from proceeding further must provide for the reimbursement of costs to the public in case ultimately the litigation started by such an individual or body fails. In other words the public must be compensated both for the delay in the implementation of the project and the cost escalation resulting from such delay.

Conclusion:
                         Public Interest Litigants, all over the country, have not taken very kindly to such court decisions. They do fear that this will sound the death-knell of the people friendly concept of PIL. However, bona fide litigants of India have nothing to fear. Only those PIL activists who prefer to file frivolous complaints will have to pay compensation to then opposite parties. It is actually a welcome move because no one in the country can deny that even PIL activists should be responsible and accountable. It is also notable here that even the Consumers Protection Act, 1986 has been amended to provide compensation to opposite parties in cases of frivolous complaints made by consumers. In any way, PIL now does require a complete rethink and restructuring. Anyway, overuse and abuse of PIL can only make it stale and ineffective. Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints.

 

Be the first to comment - What do you think?  Posted by admin - November 18, 2008 at 5:59 pm

Categories: Litigation   Tags:

Arizona Litigation

arizona litigation
How do I file a lawsuit against a mental health organization for medical malpractice?

In January 2005, Value Options of Phoenix, Arizona injected me with a long-acting dose of Prolixin, the result of which landed me in the Paradise Valley Hospital Intensive Care Unit (ICU) with Neuroleptic-Maglignant Syndrome-like symptoms (including severe muscular rigidity, cold sweats, fever and extreme physical weakness). I eventually was released, but not after a horrifying experience.

I am considering bringing litigation against Value Options of Phoenix, Arizona for extreme medical malpractice. How do I do so and at a reasonable cost (I do not have a lot of money)?

Paul

you may want to consult an attorney.

Arizona Gov. Brewer upset with Obama Admin. suit over Arizona’s SB 1070

The Smart Litigator: The Benefits of Deposition Summaries

 

A concise and well-articulated transcript summary is one of the most valuable tools a litigator can possess.  Yet with looming case deadlines and limited resources, many law firms and in-house legal departments do not have time to comb through and summarize lengthy transcripts.  For this reason, there is an increasing trend among litigators to outsource this task to a reputable legal support service that specializes in summarizing deposition testimony, hearing transcripts, arbitration/trial transcripts, and other voluminous documentation.

Among other things, the benefits of utilizing a support service include the following:

  • CLIENT SAVES MONEY: Most importantly, the client saves an appreciable amount of money when outsourcing to a legal support service.  For example, it takes a paralegal or junior attorney an average of 8-10 hours to summarize a 200-page deposition, thus costing the client at least $1600 (assuming a blended billing rate of $200 per hour).  The cost the client must bear is even higher if it retains a large or prestigious firm.  By comparison, this 200-page transcript can be summarized for approximately $500 if outsourced, since support services usually charge a fixed cost of $2-3 per page.

 

  • FASTER TURNAROUND TIME: Outsourced transcripts are summarized with greater speed and efficiency, for qualified support professionals are trained to do nothing but draft a succinct and well-articulated synopsis.  The top support services select their contractors among a significant talent pool and put each summarizer through rigorous training to guarantee superior work product.  Moreover, there are usually multiple levels of “quality control” review, meaning that summaries are proofed by one or more supervising attorneys before being returned to the client.

 

  • FREES UP IN-HOUSE RESOURCES: Outsourcing transcripts enables junior attorneys, paralegals and staff to focus on other critical matters, such as motion work, case strategy, and trial preparation. 

 

  • SAVES SENIOR ATTORNEY TIME: Obtaining quality summaries also saves senior attorneys significant time, for these documents present the facts in their most condensed format.  Although the transcript-to-summary ratio naturally depends upon the subject matter at hand, the average summary ratio is 10:1 (i.e. a 100-page transcript will be condensed to approximately 10 pages).  Accordingly, these summaries allow the reader to quickly spot a relevant section of testimony.  As all summaries have references to the page and line numbers in the original transcript, the reader can easily consult the corresponding portion of the original transcript if so desired.

 

  • In addition, transcript summaries provide a cost-effective means for experts to review witness testimony.

 

  • Transcript summaries are also an excellent method of refreshing the recollection of a witness prior to trial.

 

  • Furthermore, transcript summaries should serve as a key document used for trial preparation.  Most summaries contain a topic column, making it easy for a legal team to quickly organize all the facts necessary for the big day in court.

 

Finally, courts recognize the benefits of introducing summaries into evidence at trial.  By way of example, in a Court Comment to Rule 32 of Arizona’s Rules of Civil Procedure, it is noted, in part: 

“The verbatim reading of deposition transcripts at trial can be a tedious exercise for the jury that greatly reduces juror comprehension and attention.  Deposition summaries are an effective means of giving a jury the information contained in deposition transcripts in an understandable and abbreviated form.  [Federal Rule of Evidence 1006] already encourages the use of summaries of documents that ‘cannot be conveniently examined in court.’”

“Parties are encouraged to agree upon and use a concise deposition summary instead of a verbatim reading of a deposition transcript.  When considered necessary for jury comprehension or an efficient trial, the court may require the use of deposition summaries. . .”

For further information regarding the benefits of deposition summaries, please visit: http://www.legaldiscoveryexperts.com

Michael Rapkine, Esq.

Legal Discovery Experts, LLC

http://www.legaldiscoveryexperts.com

 

 

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First reactor at the end to go Koodankulam critical year-end: AEC Chairman Cutting Edge: AEC Chairman S. Banerjee (left) after the inauguration of the High Performance Cluster Computation "Annapurna" at the Institute for Mathematical Sciences in Chennai. The exhibition also includes Gautam Menon, scientist and Director of IMSC IMSC R. Balasubramanian.

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