ProLawTeam

Attorneys’ Fees

Gary — Mon, 15 Jun 2015 14:43:28 +0000

Responsible, ethical attorneys encourage their clients to discuss their concerns about fees and costs. When it is not possible to quote an exact fee or determine the costs of a case, attorneys usually attempt to estimate such amounts as accurately as circumstances permit and will explain how fees are calculated for all services as well as work out a fee payment schedule. Fees and costs for many matters can be estimated with accuracy at the time of the initial consultation. For instance, in forming limited liability companies or partnerships, preparing leases, or simple wills and trusts, most attorneys are able to determine from the information provided by the client, the amount of work required and quote a fee at the first meeting. In addition, the cost of filing fees and documentation in the formation of entities is known and therefore an accurate cost can be estimated before work is commenced. Some things, such as estate planning, forming offshore companies and trusts, require an extensive review of the client’s needs, assets, research and perhaps association with other specialized attorneys. In these types of legal matters it is more difficult to estimate for the client the total fees and costs of the final product. However, once the client’s assets and needs have been analyzed, a reasonably accurate projection can usually be made and prospective clients should ask for one. It seems to have become common knowledge that personal injury cases are handled on a contingency fee basis, ranging from 1/3 to 40% and more of any recovery made for the client, depending on local custom. While it may be a common practice, it is not required. Personal injury cases may be handled on a straight fee or even an hourly fee basis. But, since injury cases often take years to settle or get to a jury, the most beneficial method of paying your lawyer is the contingency arrangement. A contingency fee is usually in addition to cost expended. Cost often include expert witnesses such as a doctor, an engineer, a CPA or even specialized forensic sciences. These can be very expensive, so it is important that clients be well informed as to anticipated cost of their case and should discuss this issue with their attorneys. Although the 1/3 contingency fee is most often what attorneys require in the employment contracts, prospective clients should know that the contingency percentage can be negotiated with your attorney. If the attorney wants your case, he or she will most likely be open to discussing a contingency fee less than normally charged in your locality. It certainly does not hurt to ask!

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Process for Evaluating Maritime Law Cases:

Gary — Wed, 20 May 2015 13:26:38 +0000

Maritime law, particularly the Jones Act, provides offshore workers and vessel crew persons a means by which to file claims against employers for injuries sustained on the job. The Jones Act applies to most persons employed offshore on vessels, barges, jackup and semi-submersible drilling rigs, crew and supply vessels and most all vessels servicing the offshore oil exploration industry, including aircraft. Evaluating maritime law and Jones Act cases is considerably different from the process used in ordinary negligence and accident cases because of the laws involved. Determining if there is a case after an injury should be decided by lawyers with substantial training and experience in Admiralty and maritime law. The Jones Act was enacted by Congress for the protection of seamen. What constitutes a seaman has been the subject of many lawsuits. Generally, it has been established that seamen status for the purpose of filing claims under the Jones Act will be given to those persons working on a rig or vessels in furtherance of the vessel’s mission. This application may apply even while the vessel is dockside and thus seaman status depends on the person’s relationship to the vessel as a crew member and the vessel’s mission in navigable waters, including the inland waterways of the United States.To determine seaman status, a crew member must have a connection with the vessel or rig while it is in service of the vessel’s mission and the crew member must contribute, in some way, to the accomplishment of the mission. Competent counsel is required to evaluate the total circumstances of a crew member’s employment to determine if there is sufficient relationship to the vessel or rig and whether or not the vessel itself qualifies.The employer of a Jones Act seaman must provide a safe work environment. Failure to do so often gives rise to claims for unseaworthiness if a crew member is injured as a result of the failure. Federal law may also hold the employer liable for injuries to a crew member due to negligence of coworkers. The duty of care required of an employer to a crew member under the Jones Act is much greater than the duty required of other employers in typical negligence and accident cases. Consequently, an employer may be held liable for injuries to a seaman even if the employer was only partly responsible for the cause of the injury. Federal law preempts state laws, and thus the statute of limitations for claims under the Jones Act must be brought within three years from the date of the injury, even if state law where the accident may have occurred provides for a greater or lesser time limit. Claims may be brought in state or federal courts and the decision rest with the injured seaman. Each case being different, the decision of where to file can affect the outcome of your case, and therefore the selection of a lawyer well versed in maritime law and the local area is important. Monetary awards for pain, suffering, permanent disabilities, death, present and future medical requirements and retraining for other employment may be recovered by injured offshore workers. Normally, an injured seaman will have only one opportunity to make a claim and recover. Consequently, the selection of legal counsel should be made carefully and only after a full inquiry into the lawyer’s credentials and past record of success.

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Stolen Valor

Gary — Sun, 17 May 2015 23:21:09 +0000

The Stolen Valor Act was signed into law by President George W. Bush in 2006. The law is designed to discourage persons from claiming and wearing unauthorized U.S. Military honors and decorations. It encompasses and broadens the provisions of existing Federal law regarding the unauthorized wearing of the Congressional Medal of Honor by prohibiting the unauthorized manufacture, sale or claim of right to all U.S. Military medals and decorations. It is now a federal misdemeanor to make false claims of valor, service or status in the U.S. Military. FBI statistics suggest that there are large numbers of people claiming to be former U.S. Seals and Special Forces. The successful recent rescue of a U.S. flagged vessel’s captain off the coast of Somalia may increase “Stolen Valor” by unscrupulous persons. It is our job as loyal U.S. citizens to help preserve the honors bestowed upon our men and women in uniform by reporting violations to law enforcement. If you see someone impersonating a soldier, call them out loud and clear in public so that others can hear! That’s my take; what’s yours?

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African-American and Political Correctness

Gary — Sun, 17 May 2015 23:20:34 +0000

A client recently remarked to me that he thought it was “illegal” to use the term negro, especially in reference to the President. I explained to him that it might be politically incorrect but it is certainly not illegal. That exchange led me to wonder why being called an African-American has become a racial description. Polish-Americans, Italian-Americans and Irish-Americans are not racial identities but rather geographical descriptions. So why now is it that some Americans feel that blacks must be referred to as African-American? Has political correctness brought us to the point we cannot even use geography to identify our heritages? Are we captive to political correctness in all matters? I cannot buy into that reasoning. The Congressional Black Caucus, The United Negro College Fund and the National Association for The Advancement of Colored People use those identities obviously to describe who they are not where they came from. It occurs to me that it may not be correct to refer to blacks as African-American. I know two persons, out of many thousands, that are white, naturalized U.S. Citizens that were born in South-Africa. In view of the race identity attached to African-American, what should I call them? They are certainly African-Americans, even more so than many black persons, but to call them such would be misleading in today’s politically correct society. President Barack Hussein Obama refers to himself as African-American. At the same time, he claims Hawaii as his birth state. His mother is Caucasian. His Father is actually of Arabic descent but born in Kenya. Therefore, I believe we have a part-Negro, part-Caucasian President commonly called a Mullato, which in this culture may be a term perceived as pejorative depending on who is using it. The term is used here to make a point. There I go, apologizing for using a word that may offend someone. I guess I’ve been exposed to too much political correctness; maybe it’s an airborne virus or something. So, I could be wrong, but I am certain we do not have an African-American President. He should more aptly be called Arab-American if he wanted to identify a heritage. I’m also pretty sure that whites are Caucasians, not European-Americans and Blacks are Negroes and not African-Americans. It’s time to stop being politically correct and just be honest! Better yet, why don’t we just drop the hyphens and colors and geographical history and just be Americans! That’s my take; what’s yours?

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Broken Immigration

Gary — Sun, 17 May 2015 23:16:25 +0000

My youngest son graduated from the University of Southern Queensland in Toowoomba, Australia where he met his future wife. Before they were married she came to the United States but was required to have a paid, return airfare passage and could only stay six months before being required to leave the country according to U.S. Immigration law. And before she could enter the United States permanently she had to jump through a multitude of bureaucratic hoops. It took more than two years to obtain permanent residence status and then more to become a citizen. She is a teacher, as is my son, and a productive, valued citizen paying taxes. Compare her situation with the Mexican “migration”. Instead of enforcing existing immigration law and protecting our southern border, this administration encourages low life criminals and other bottom feeders seeking free hand-outs to enter our country illegally where they are rewarded with free medical care, welfare and housing. Most agree that the system is broken and want legislation to fix the problem. But the proposed legislation and Obama’s illegal executive orders do not fix it nor will Hillary Clinton’s promise to “fix” the problem with more executive orders. Legislation and orders are not the answer. The only way the problem will be fixed is to change the leadership in Washington and put in real, patriotic Americans that will close the border, deport illegals and enforce existing immigration law. Cheap labor is not a satisfactory set-off for crime and the billions of dollars paid out in tax dollars to maintain these freeloaders. That’s my take; what’s yours?

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