Examining the Latest Legal Developments and their Impact

Hiring an attorney

how to choose an attorney or lawyer

What is RPC Rule 8.3?

Every attorney is compelled to be responsible to maintain the integrity of the legal profession. Every lawyer is bound by a set of legal ethics and they must adhere to them in order to protect the integrity of the profession. Many people have often asked what an attorney should do if they are aware of unethical actions committed on the part of another attorney or legal professional. Are they bound by the law to report these types of actions, or are they exempt? Whenever an attorney becomes aware of unethical actions committed by another legal professional they are required to report the professional misconduct to the ethics committee in New Jersey. Every attorney is required to follow the Rules of Professional Conduct (RPC) including Rule 8.3 which states that a lawyer must report unethical behaviors.

What is Dental Malpractice?

Dental Malpractice

Even professionals retain their humanity which means that they are not beyond making an error; this includes dental professionals. But every mistake that is made by a dentist while treating a patient may not constitute dental malpractice. However, when a patient is injured through negligent conduct or substandard care by a dentist, oral surgeon or dental assistant, it is wise to consult with an attorney who handles cases of dental malpractice to see if they are entitled to compensation. In the typical case, there are certain rules that determine whether or not dental malpractice or negligence has occurred.

What Typically Constitutes Dental Malpractice?

A dental professional is required to provide patients with a level of care that is acceptable. This does not mean that they are required to be perfect; however, they are required to provide practical and prudent dentistry to their clientele. When a dentist fails to provide this high level of care and the patient ends up suffering an injury, the dentist might be required to compensate for the damages his negligence caused.

Lawyer agreement

What is Contingency?

There are different types of fees which are charged by legal professionals. Lawyers may charge a retainer fee or work on a contingency basis. Many lawyers charge flat fees for the various services they provide. Sometimes clients, such as large corporations, pay a retainer fee. This means that the lawyer is always available to answer questions or handle any legal matters should they arise.

How Are Lawyers Paid

How Are Lawyers Paid?

One of the foremost questions people have on their minds when they find themselves in need of legal representation is, “How will I pay for this?” Naturally, those who are fortunate enough never to need an attorney will not have to worry, but many of us will at one time or another end up in a legal bind wherein hiring an attorney will be quite valuable. In those cases, it’s helpful to understand how lawyers are paid in order to decide which type of fee will work best for your particular situation. It’s also important to know that if you cannot afford an attorney, there are programs available that could help. Top lawyers are able to answer all your questions about the different fee options in the legal profession, such as contingency fees, hourly fees, fixed fees, and retainers. Following is a breakdown of what these mean and how they work.

It’s important to know that oftentimes the fee arrangement will be dependent upon which type of case you need representation for, such as divorce, criminal, foreclosure, landlord/tenant, etc. It may also be decided by the amount of research involved, how much time an attorney will need to spend in court, and the amount of time that will be needed to come to a resolution of your case.

What is an Indemnity Agreement?

indemnity agreement

When an indemnity agreement is set in place, financial responsibility is decided.  Indemnification according to Black’s Law Dictionary, is “a duty to make good any loss, damage or liability incurred by another.” In general it means to “hold harmless” such that one party will hold another harmless in the case of damage or loss. Therefore, indemnification is the act of not being held liable, or of being protected from costs associated with damages. The costs are shifted to another party who is held liable and will have to pay for any such losses. Indemnity also comes with the understanding that when a party is injured, they have a right to claim compensation or reimbursement for any loss or damages. It can also refer to being compensated for damages or loss that occurs because of the action of a separate party. Or it can be described as a sort of legal exemption from having to pay any type of loss or damage in cases where an indemnity clause is included in a contract.

How Does Divorce Work

How Does Divorce Work?

Sadly, the rate for marriage ending in divorce has escalated in the past few years/decades.  Once upon a time people married and stayed together, through thick and thin, for life.  Often, though there were irreconcilable differences, people stayed together for the sake of the kids as they knew the turbulence of divorce and the divisiveness that results is often difficult on the kids.  But sometimes the relationship becomes intolerable and you seek an exit, vowing that you will not let the kids suffer the consequences of this faltered relationship.

Employment Attorney

What to Ask an Employment Attorney

If you have a workplace related legal issue such as workplace bullying, discrimination, harassment of any type of unfair or unlawful termination, it might be time to meet up with an Employment attorney in New Jersey. This is of course, a worst case scenario.  One of the first things you should do is try to talk to the person in charge or to human resources to see what can be done – if anything.  If all else fails, then the next logical step would be to speak to a lawyer.  When it comes to meeting with a lawyer, make sure that you make the process as easy and smooth as you can.  Be sure to prepare a list of a few questions that you want to ask the lawyer.  Asking questions is a great way to see if you and the lawyer are a good match and if they can handle the situation at hand properly.  Here are a few of the questions you should be asking your Employment attorney if you are serious about the situation and need help.

What is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment which is a form of sexual discrimination. It is prohibited by law to harass an applicant or an employee based on their gender. Harassment can include a wide variety of actions such as unwelcome sexual advances, asking for a sexual favor, and many other verbal, non-verbal or physical actions that are of a sexual nature. However, even offensive remarks that are made about a person’s gender or sexuality can be considered sexual harassment. It is prohibited to make offensive remarks about women in general or men in general. Victims may be either male or female and victims do not have to be of the opposite sex. As a general rule, the law does not deal with incidents where there is simple teasing, silly comments or isolated incidents that do not escalate. However, when harassment becomes severe and creates a hostile work environment or an offensive work environment then the law is there to protect workers. A harasser can be a co-worker, an employer, supervisor, or even a person who is not employed by the company like a customer.

Benefits of a Chapter 13 Bankruptcy

Bankruptcy
Benefits of a Chapter 13

When an individual schedules an appointment to talk with a bankruptcy attorney in NJ they may be given several options including filing either a Chapter 7 or a Chapter 13 bankruptcy. If they have too much income they may not be able to file a Chapter 7 bankruptcy. But the Chapter 13 may be much more advantageous in some situations than the Chapter 7. There are certain situations where one option is better than the other and in many instances a Chapter 13 is preferred over a Chapter 7. InNew Jerseya Chapter 13 bankruptcy is the only available choice if you are behind on business payments or a mortgage and you still want to keep your property when the bankruptcy process is complete. When you file a Chapter 13 bankruptcy there is the unique opportunity to make up all of the overdue payments over an extended period of time and then reinstate the mortgage agreement that was originally made. Most of the time, the payment plan is developed to last for between 3 and 5 years.