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January 04 2016


6 Possibilities to Solve Client-Lawyer Fee Disputes

The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch.

When hiring a lawyer you need to be bold enough to ask for “fee” terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case.

On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better.

Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention.

When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:

1.    Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.

2.    Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up.

3.    Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.

4.    Get another lawyer or lawyer’s office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.

5.    File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.

6.    File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails.

To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structure.

For more information on how to obtain positive settlements in a business dispute,and free expert advice from our legal team visit Parke lawyers.
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Reasons Why Making a Will Is Important

Most people tend to procrastinate about making their last will and testament, primarily because it is a harsh reminder of our mortality and as such, we prefer not to have anything to do with it until the time comes when it is too late to do something about it. In most funerals you attend, you often hear people ask if the deceased left any will and the most common answer being "no" or "none."

While making a will is certainly no one's favorite thing to do, what many people don't realize is that it can alleviate your fears of death because once you decide to make it, you will be assured that the loved ones you leave behind will be taken care of properly and that your estate won't be spent on legal expenses from contests initiated by your heirs.

However, that's not to say you can't die without ever making a will. In fact, there are two ways by which you can die without a will, the first being because you never wrote one and the second being, the will you wrote was declared invalid by probate court. In both cases, this is referred to as dying intestate or dying without a valid will.

When you die intestate, that means the control of your property and the distribution of your assets will be done under the laws of intestacy. If for example you co-owned a property with two other people, the laws of intestacy dictate that the ownership will not transfer to the other co-owners but your heirs, which is one situation that the remaining co-owners may contest.

There are four types of assets where these laws don't apply and they are as follows:

Life insurance and retirement plan proceeds
Properties that are jointly owned with a right of survivorship
Properties held in a living trust
Properties under the community property system

The entire purpose of making a will is to make sure your property and assets are distributed to people and organizations as you intended. To make sure this happens you can elect an executor of your will to make sure every condition in your will is fulfilled. Choosing an executor means you should choose someone you trust like a relative or a close friend. If you don't have neither to choose from, then it should be someone who is dependable, trustworthy, well-organized, good with paperwork and diligent about meeting deadlines.

And lastly, making a will doesn't have to follow a strict guideline because what will matter is not how the will was written but the conditions written within. There are many ways these days to write your own will, such as software that you can use just by asking you a few questions where your answers will be inserted into a ready-made will. Having a will ready will also save you from having to hire a lawyer to help you write one - not only is it time-consuming to find a good lawyer, it is also quite expensive to have one draft your will for you.

Learn more about probate, estate planning, and tips for hiring a best lawyers. Visit our website: http://www.probatelawyer.net.au/

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Long Term Disability - LTD Claim Disputes

Long-term disability(LTD) insurance is designed to protect individuals, employees, business owners or professionals who may need skilled nursing, intermediate care, or custodial care following an injury or illness.

This type of insurance may prove critical in covering the cost of long-term disability care, and preventing policyholders from having to sell off personal or business assets. Contrary to critical illness insurance which typically provides benefits up to age 65, long term care insurance may provide benefits up to age 80.

LTD care can be based in a nursing home or other care facility or at home. As this type of permanent care can be extensive and costly, this type of insurance more than pays for itself when claims are granted, and defraying the cost of long-term care can protect a policyholder's financial stability and assets.

Long-term disability care can include skilled nursing care, intermediate care, and/or custodial care. Have your lawyer review your policy carefully for specific restrictions and provisions:

- Skilled nursing - under doctor's orders, skilled nursing is usually mandated for severe injuries or illness and usually requires around the clock care, either in home, or in a facility
- Intermediate nursing care - usually ordered for injuries or illnesses that are somewhat stable and requires less specialized, daily care
- Custodial care - "personal care" patients are given assistance with routine daily activities, but do not need daily medical assistance

If you or a loved one has become disabled and need to make a long-term disability claim against an insurance company, you should hire an experienced lawyer who is well versed in LTD claim disputes law and contract language. If your claim has been denied, a long-term disability lawyer at David Share Associates can help you sort through the details of your contract to figure out how much protection you are entitled to.

We can help you get the most out of your policy's many provisions and make sure you get the maximum benefits legally allowed. Your daily benefit amount, deductible or waiting period, guaranteed renewable, maximum policy benefit, pre-existing condition limitations, and policy exclusions are just a few of the provisions our lawyers will thoroughly explore.

If your LTD claim dispute has been denied, you need the legal guidance of David Share Associates.

There are time limits to all claims and any delay in proceeding may be subject to a deadline. You should not delay in proceeding with your claim or obtaining legal advice to clarify these deadlines.


Business Partnership Disputes - The Role Of Your Lawyers

Falling out with a business partner can be very unfamiliar territory, particularly if it's never happened before (that's a good thing!). On top of all the stress and time taken up in conflict, the most important thing for you both to do is find some sort of resolution.

You will probably be asking the question "Where do I start?" and "How can I resolve something with someone that I'm not even talking to at the moment!?" Anyone who has been involved in a partnership dispute knows how acrimonious they can get, particularly if the dispute is not addressed at an early stage.

The most logical thing to do would be to speak to business lawyers. Involve someone who has plenty of experience in dealing with disputes and who will be able to help you acknowledge and understand all of the options that you have available. This may seem like an extreme step, but isn't it better to come to the quickest resolution possible rather than having the stress of a long-drawn out process? Time is of the essence, the sooner you act, the more likely it is that your partnership can be saved. If you act quickly it may stop your business from feeling any of the strain from your partnership.

Prevention is better than cure. If one or more lawyers have assisted you and your partner in forming a comprehensive written partnership agreement that covers most eventualities, you are already at a significant advantage if a business partnership dispute arises. If you do not currently have a written partnership agreement, put one together at the next available time. You can contact lawyers if you are unsure about any of the details, so that you have as many aspects of a partnership dispute covered as possible. As every company and its partners are different, there is no "one size fits all" model for a written agreement, which is why it is usually best to seek advice from specialist business lawyers.

Some lawyers can even act as mediators or negotiators for your business as well as providing assistance and representation where litigation is necessary. Although the litigation process will be a last resort in your business partnership dispute, a good, experienced lawyer with excellent negotiation skills can prove to be invaluable. Many people have never been involved in a court case, so court can be a very daunting experience. The use of an experienced lawyer that you have confidence in will somewhat relieve the inertia of attending court.

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How to Dispute a Car Accident Insurance Claim

Unfortunately, car accidents are one of the leading causes of death and injury in the United States today. Based on data from the Federal Highway Administration, it is estimated that there are more than 10.2 million auto collisions each year with as many as 39,000 fatalities. (Source in Resource Box)

Victims of car accidents can sometimes face years of long-term physical therapy as well as massive loss of wages due to injuries. Many times there is a significant cash outlay for vehicle damage repairs or replacement. When a death is involved, the psychological pain and suffering is increased substantially.

Consumers come to expect that the car insurance that they have been paying with faith for many years is going to reimburse them appropriately for the cost of damages and injuries when they are involved in a car accident. However, in some situations, victims may find that insurance companies deny their car accident claims or provide inadequate compensation for damages. In this case, an individual may seek the consult of an experienced car accident attorney or insurance claim dispute lawyer to help them win compensation from the insurance company.

The recommended steps to take to dispute a car accident insurance claim include:

• Never admit fault: Even if you believe the car accident may have been your fault, be sure to speak to a lawyer before admitting any fault to the other party involved or to any insurance company.

• Find representation: Speak to a lawyer who has experienced with auto accident claims and who has a solid reputation for defending car accident victims. They will be able to assess your situation and advise if filing a lawsuit against the insurance company will be in your favor.

• Hire an independent appraiser to assess your car damage: Often insurance companies will send their own representative to assess the auto damage which may lead to compensation amounts being skewed in the favor of the insurance company. If you hire an impartial assessor, you will be able to provide information to contradict the insurance company claim.

• Keep track of everything: This includes any and all medical expenses, loss of wages, psychological or physical therapy treatments and any other personal injury or damage claims that you may be seeking compensation for. Make copies of all receipts and keep track of all dates of any medical treatment.

• File a lawsuit: If all attempts to dispute the claim fail, your attorney will file paperwork for an official lawsuit against the insurance company. The lawsuit may still have a chance to be settled out of court with mediation or plea, or if all else fails, the dispute will go to court for settlement.

Although lawsuits may not be appropriate in all cases, there may be times when a victim feels they are being treated unfairly by an insurance company and the only recourse is a lawsuit. Following the steps above and seeking the advice of an experienced car accident lawsuit attorney will give auto accident victims the best chance of winning their claims against the insurance company.
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