How a business lawyer can help you in your small business
Apr 26th
Business law governs business and commercial dealings in both the private and the public sector; it is a branch of civil law. Business law provides the framework for the creation and organization of business and also how business is carried out. It covers a wide range of topics that are generally too complex for the business owner to understand, let alone know about. If you are thinking of starting a business, you need an experienced business lawyer to help you avoid the pitfalls.
How an employment attorney can help you with wrongful dismissal
Apr 19th
Wrongful dismissal is covered under employment law, which is the branch of law that covers the regulations and laws dealing with employment and labor issues. Employees are protected under these laws in areas such as unfair dismissal, discrimination, harassment, workers’ compensation and occupational health and safety.
The term ‘wrongful dismissal’ refers to an employer firing an employee for no legitimate or lawful reason. There are certain criteria and processes that must be adhered to, in most states and countries, before an employee can be dismissed from their job. Go to CivilLawyersFirm to find a wrongful termination attorney in New York and to get more information about wrongful dismissal law.
Personal injury
Apr 12th
Personal Injury is said to have occurred when some type of damage or wrong is done to a person, his property or rights. Even a person’s reputation is covered under personal injury laws. Personal injury lawyers specialize in this part of civil law and are the attorneys you need to help and advise you in any case of personal injury.
A personal injury can take place in a variety of settings; it could be at your job, in a public place, in a traffic accident, a medical error during some treatment you had or you could have slipped and fallen. It can involve your physical and/or your psychological health, but for you to be able to take action against someone, they have to have been negligent or had unsafe practices in place. The person against whom you take action could be your landlord, employer, neighbor, doctor, a manufacturer, a business or store or a civil body; anyone who has a duty of care.
Tenancy disagreements
Apr 6th
As a tenant, you have certain responsibilities but you also have rights. These rights and responsibilities are mainly controlled by state law and if a dispute arises, it would be settled in the civil court. A civil lawyer is the person to consult if you feel your tenancy rights have been violated.
Your most basic responsibility to your landlord is to pay your rent, and this may include an initial security deposit, payable when the lease is signed. This deposit acts as a surety for the landlord in case you fall behind with the rent or break or damage anything covered by the lease and refuse to pay for repairs. The landlord has the right to take all or part of the security deposit in lieu of unpaid rent or to repair damage caused by you. If neither of these applies to you, you are entitled to a full refund of your deposit after you vacate the premises. To protect yourself, you need to make a thorough inspection of the premises before you sign a lease and list all damage that you see. Keep this as proof that you were not responsible for the damage. If you feel you are being unfairly accused of damage, consult a NY attorney to act on your behalf.
Child Custody Laws – with the best interests of the child at heart
Mar 29th
Many will argue that, when a marriage falls apart, the ones most affected are the children. They certainly are the innocent victims when their parents decide to split up. When the split is less than amicable, lots of blame is involved, and many children feel personally responsible for the breakdown of their parents’ relationship.
Child custody laws determine who will have legal custody of a minor child after a relationship breaks down. Custody of a child involves more than just providing a home; it is the legal responsibility and right to determine such things as education, religion, discipline and medical care. You need a child custody attorney to advise you.
When a person has sole custody, they alone have the legal responsibility and physical custody of the child. When there is joint custody, this is shared, usually between the ex-spouses although grandparents or other relatives may also be involved.
The term “best interests of the child” is the basic consideration on which the court will make a ruling in a custody dispute and decision. Divorce is not the only event that requires deliberation by the civil court on child custody. This issue can also involve guardianship, paternity suits or juvenile delinquency. The presumption is usually that the child’s best interests are served by granting custody to a parent, but this is not always the case.
Prior to the 1970s, the presumption was that the mother was the best person to have custody of the child because of her nurturing role. Since that time, the courts have looked at each case on an individual basis to find a custodial decision that best meets each child’s emotional, psychological and physical needs. Your civil lawyer will help you plead your case.
Resolution of child custody has changed in recent years. In some states there are specialized courts to rule on this important issue and to settle custody disputes. A civil attorney may be appointed as a ‘guardian ad litem’ to act as an advocate on behalf of the child or as a neutral party to gather pertinent facts about the custody case, helping the judge make the custody ruling.
Even in the most bitter of divorces, the two parties are often united in their desire to find the best solution for their child. Many couples have a child custody plan as part of their separation agreement, which many judges will accept, after they have determined that the child’s best interests will be served.
Two methods that are often used by child custody courts are mediation, to enable the best resolution of the dispute, and parent education courses which teach strategies to help both the child and the parent cope with the stresses of life after divorce. Child custody lawyers are often used as court-appointed mediators.
Joint custody has become the preferred custody arrangement in many states, because it reflects the changes in today’s society, with women working outside the home and men are taking more responsibility for managing the home and rearing the children. There are numerous types of joint custody rulings that differ from the conventional custodial/visitation model. Many of these types of joint custody involve both parents retaining legal rights for making decisions involving the child’s welfare and future. The rights and needs of the child are taken into account as well as the role of third party custodians such as grandparents. If you need a New York child custody lawyer, go to CivilLawyersFirm.com.
Preparing for a Divorce: how a divorce attorney can help you
Mar 22nd
The legal definition of ‘divorce’ is the dissolution, or legal end, of a marriage. Divorce laws differ from state to state, regarding the reason, or grounds, for divorce and when a divorce may be granted. For this reason, it is advisable that you hire a competent divorce attorney to represent you and explain the finer points of the law to you.
A divorce may be classified as a fault-based or a no-fault based when determining the grounds for the divorce. Common no-fault grounds for a divorce include irretrievable breakdown and irreconcilable differences. The laws governing the division of property and belongings, child custody, alimony, child visitation and child support vary between states, but a competent divorce lawyer will keep you informed about what to expect.
Do I need an attorney to help me make my Will?
Mar 17th
What is a will? A will is a legal document that sets out what you want done with your estate, which includes property, possessions, pets and even your children, when you die. If you die without having made a will, you are said to have died intestate, and what happens to your estate is determined by several factors, including your marital status, whether you had children and which state you live in.
When you die without having made a will, each state has intestacy laws which govern the intestate laws of succession. These intestacy laws are used as the directions for dealing with your estate, in the absence of a legal will. Each state varies, but generally, your property goes to your spouse or the closest blood relative like your parents or your children.
It is commonly believed that only those people who have lots of property or valuable belongings, or those who are very rich, need to make a will. However, it is a fact that everyone needs to make a will. You may not think so, but it is important to make your wishes clear, when you are no longer here to tell anyone.
You might think that you don’t have anything that is worth leaving to anyone, but most people have some things that they would like a particular person to have. Do you have something that belonged to your grandmother that you really want your own daughter to have, to maybe pass down to her daughter when her time comes? Has a special person in your life often admired a particular item in your house? Surely they would love to have this left to them in your will, so they will always have a memento of you?
You may be able to buy a ‘will kit’ that contains broad directions for making a basic will and a blank form on which to do this. While these are often a very good alternative, nothing can compare to sitting down with your family attorney and discussing your wants and wishes as regards your will. The NYC civil attorneys at CivilLawyersFirm have extensive knowledge of the law and can advise you how need to be set out your will and what should be included or omitted. The basic will kits cannot give you this individual and personalized advice.
While you may believe that just a basic will kit fill your needs as far as making a will is concerned, there are so many variations to laws that govern this area. Only an experienced civil lawyer can give you the complete picture and all the pertinent information. These laws can change from time to time and your will may need to be updated. Your attorney keeps up with changes in the law and will be able to help you make any necessary alterations to your will that be become necessary in the future.
So, as you consider the future of your estate, consult a civil attorney for advice and assistance in drawing up your will, and make sure that your wishes are recorded.
How can a civil lawyer help me with bankruptcy?
Mar 3rd
When a person has debts that are larger than they could hope to repay under their current circumstances, they may be able to file for bankruptcy. Bankruptcy is a legal proceeding in which the court takes over your financial affairs to sort out your situation. Bankruptcy is covered by federal law and is handled by a federal court.
Some people seek legal advice about declaring themselves bankrupt; others have bankruptcy forced upon them by creditors. Either way, you should find a civil law attorney, experienced in bankruptcy law, who can discuss all the issues with you and help you make an informed decision. A bankruptcy attorney may be able resolve your financial situation or delay repayments to allow you time to catch up. Go to CivilLawyersFirm.com to find a civil lawyer in New York with experience in bankruptcy law. At Civil Lawyers Firm NYC, we speak Russian and Polish, as well as English
Bankruptcy law is a branch of civil law that covers all federal bankruptcy and state insolvency laws and regulations. During a bankruptcy hearing, the court takes over the administration of the assets and finances of the person involved, for the main benefit of the creditors.
You might think that bankruptcy is the answer to all your problems because it takes away your obligation to repay creditors, prevents your vehicle being repossessed, temporarily prevents foreclosure on your house and stops creditors pestering you for money. It is aimed at giving you a new start financially.
However, as your civil attorney will explain to you, there are also disadvantages to being declared bankrupt as well. Personal bankruptcy will affect your financial standing for many years into your future, and is not an action to be taken lightly. It should be considered to be a last resort option for solving a hopeless financial position.
The main ‘pros’ of bankruptcy include the removal of personal debts like credit cards, personal and store loans; your home and vehicle are secure, if you own them, as they can’t be liquidated to pay creditors; mortgages and car loans may be able to be modified or eliminated; a creditor is unable to repossess or foreclose on you. An experienced bankruptcy attorney has many legal ways to deal with persistent creditors.
For many people, the ‘cons’ of bankruptcy outweigh the pros, and you need to really be aware of the on-going ramifications of being declared a bankrupt. Your credit history will show that you are bankrupt for a period of ten years and the fact will become a matter of public record; some jobs and loans are not available to people who have been bankrupt; you may need to declare the fact on many legal forms and applications for the rest of your life; your reputation could be affected.
You are the only person who can decide if the advantages of bankruptcy outweigh the negatives. In order to make the best personal decision, you need to be aware of your rights and all the options. Only a good civil lawyer can provide this for you, so seek legal advice before you make any decisions.
Following are some important questions to ask your lawyer, so you get the best advice:
- Will I be able to keep my car, boat and home?
- Will I ever have to pay any of the debts that have been discharged during bankruptcy?
- How will bankruptcy affect me in the future?