Mind Sink

Brain Drain

It’s no joke that the right lawyer makes all the difference. You have to weigh your case and your options, and you have to know how to find the right attorney for your needs. Consider the following helpful advice concerning knowing what to look for in an attorney and how to secure the right one.

A good tip to remember when looking to hire a lawyer is to make sure you find a lawyer that has the necessary experience that you’re looking for. If you’re going to court soon for a criminal case, it wouldn’t make sense to bring on a divorce lawyer, you’ll need a criminal lawyer.

Do not hire a lawyer without doing some background research. Look their name up on the Internet and talk to friends or relatives who might know the lawyer you are interested in. It is always in your best interest to choose a lawyer with an excellent reputation and good ethics.

Be sure you know about the reputation of a lawyer before you hire that lawyer. Check with your local bar association, and read online reviews of lawyers. These can help you decide whether or not a particular lawyer is someone you can trust. You will save yourself a lot of money, aggravation and time, down the road.

A good tip to keep in mind if you’re thinking about working with a lawyer is to give them as much information as you can. The more documents and information they have that pertains to a case, the better your chances are of winning. If you think a document might be worthless, you lawyer might think otherwise.

It’s important that you remember what you’ve read here as you go about the selection process. A good attorney isn’t hard to find, but he or she is not just going to jump out at you. You have to know what you’re looking for, and hopefully you now feel like you do.

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The Advantages of Being a Writer

Posted By on May 9, 2014

It is undeniable that most parents worry about their children who want to go into the creative arts, because it is a chancy business. The probability that one will be successful in the world of acting, music, or fine arts is very small unless one is incredibly talented or incredibly lucky.

Writers are perhaps a little apart from creative artists in this respect, perhaps because writing has a practical side to it. After all, information is power, and the best way to communicate information is through the written word.

Professional writers have it pretty much made. They can get into any type of writing from grant proposals to scripts using the same basic tools: good grammar, wide vocabulary, good organizational skills, and the urge to put ideas into words. While writing is considered an art, there is no real need for a writer per se to be passionate. Putting words to paper (or word processor) is essentially a mechanical act, so you can write about anything even if you have no personal stake in it. Why is this good? It is exhausting to be always in alt, which is probably why a lot of artists die young. Writers tend to be more hardy and down to earth than other artists.

Writers can also keep going until they die, or go senile. Because the work is mostly cerebral, as long as they can lift a pen or type on a keyboard, they can write.

Of course, not all writers make it into the big leagues; a vast majority of them remain anonymous. But that is not necessarily a bad thing. Writers seldom starve because there is always work available, even if it is just ghostwriting, and they get to do what they like every time.

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Establishing Mineral Rights

Posted By on Apr 3, 2014

If you have property in certain parts of the US that are known to yield profitable quantities of valuable minerals, oil, and natural gas, you may want to consider selling mineral rights. According to The Mineral Auction website, speculators are willing to buy these rights at good prices even if a property is non-producing in case it later yields the mother lode. Before you can do that, however, you need to do some digging around to establish whether you are the rightful owner of the mineral rights.

It is not enough to have ownership of the surface land. In the US, land owners can own the rights to anything that may be found under their property, but these rights can also be severed from the main land title. So just because you have a title to the land does not mean you own the mineral rights. You need to do what is called running a title, which is basically backtracking the history of your own title back to the original owner, much like tracing the lineage of a dog or horse.

The easiest and cheapest way to do this is to first check the land records lodged with the office of the county clerk, which is typically found in the vicinity of the courthouse. Checking the land records yourself is free although it can be difficult to search for the right tract or grantor/grantee index book, especially if you are not sure about the legal description. The index book will only tell you where these documents are, not the actual records themselves.

Your purpose for this is to establish a chain of title, which is a sequence of records documenting the transfers of ownership for your property, which should also include a record of the mineral rights at the time that it was severed from the surface title. Be on the lookout for any mention of mineral rights being reserved by the seller as this will signal a severance of the titles.

You may also need to check the records lodged with the court clerk for any stray record that is not in the county clerk’s office such as divorce decrees or mortgage agreements.  Even then, there may be gaps in the records, and this can be bad news if you are bent on selling mineral rights, because this can cast doubt on the clarity of your ownership.

You can hire an abstracting office to reconstruct the chain for you and provide you with a take-off list which you can then use to find the records themselves and make copies, but you will need to pay them for the service. You can also ask them to track down the actual records and make copies for you, but that will be even more expensive. However, it may be worth it in the long run as it is not at all easy to run title, and may take more time than you can afford.

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Liability laws have certainly become tougher, especially in the construction industry where accidental injury is an occupational hazard. These laws are meant to protect the rights of all parties concerned. That includes protection of employers from liability for injuries which result from careless or reckless behavior of employees in the workplace as well as workers who suffer injury because of the negligence of employers. In general, the laws apportion assessed damages according to percentage of fault, such as Wisconsin (comparative negligence).

Labor Law 240, also known as the Scaffold Law, characterizes liability for an elevation-related (falling from height) construction accident in New York City in a unique way. The law states that the contractor who owns the policy for a particular construction project has “absolute liability.” This means the contractor or developer is responsible for any falling injuries that may happen on site, even if the injured worker was partly or wholly responsible for the accident that caused the injury. For example, if a worker neglects to use the safety harness required for working at height and falls, the contractor’s insurance will still pay for the medical bills and other costs to the worker. This effectively absolves the worker from any fault in the occurrence, and no defense may be mounted using the doctrine of comparative negligence.

Interested parties have been lobbying against the Scaffold Law, maintaining it makes the worksite more dangerous than it should be. Notwithstanding the pros and cons of the Scaffold Law, there is no question that contractors have been known to take shortcuts when it comes to ensuring safety in the worksite to save on costs. If you have been injured in a construction accident because of the negligence of the contractor, you may have an actionable case no matter what state you are in. Consult with a personal injury lawyer and find out your legal options.

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Choosing a DUI Lawyer

Posted By on Apr 2, 2014

Just like with any job that needs to be professionally done, when you are facing a driving under the influence of intoxicants charge, you need to choose a lawyer practicing in the area with the experience and knowledge of DUI laws. It is also important that the DUI lawyer you choose has a good track record of success in mounting an effective defense leading to a dismissal of the charges.

DUI laws have become significantly stringent in most states, especially in states where drunk driving fatalities have earned it the dubious honor of leading the pack. It has spurred legislators to impose measures such as increasing the legal drinking age in the state to 21, and pressuring law enforcement to be especially vigilant in spotting potential threats to public safety. It has come to a point that even if a suspect tests negative for intoxicants in both breath and blood tests, it may still lead to an arrest if in the opinion of the police officer the driver may be impaired.

While this zealousness may be laudable, it can be taken too far. Navigating the justice system is not only complex, it is expensive, and the average citizen can find it overwhelming and stressful. If the DUI charges are unwarranted, or if there was an error made in the process, it would still take a competent DUI attorney such as Ian Inglis to unravel the mess with the least fuss and muss possible. While it is in the best interests of the defendant to get legal representation immediately, success will still depend on the quality of the lawyer. When choosing a criminal or DUI lawyer, go with one from an established law firm in the area that exhibits the aggressiveness needed to get the job done right.

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Having a child is a lot of responsibility, and that continues on even after a divorce. In Texas, the default child custody arrangement is for a joint managing conservatorship with one as the primary parent. This means that both parents have a say in making crucial decisions regarding the child, although the primary parent determines the place of residence subject to the geographic restrictions imposed by the court.

That is, unless the parents come up with a mutually agreeable alternative arrangement. According to child custody lawyers on the website of Alexander & Associates in Lewisville, parents need to ensure the best interests of the child at all times. In such cases, the agreement will be subject for approval by the judge. If one of the parents has an established history of violence or abuse, the other parent will be awarded sole managing conservatorship.

Any aspect of a joint managing conservatorship agreement touches on the physical situation of the child. Typically, the primary parent is restricted to keep the child’s permanent place of residence within a certain area for practical reasons; the other parent will find it difficult to maintain a presence in the child’s life if that child is far away, and moving the child out of reach is a breach of that parent’s rights.
The primary parent cannot simply decide to move the child to an area outside the scope of the agreement. A court order would be required to allow them to do this legally if the child custody agreement is court-ordered. In a parenting plan that had been approved by the court, the other parent must at least be informed about it a reasonable time beforehand, who may then try to prevent it by applying for a temporary restraining order. The judge in a relocation hearing will then rule on whether the decision to relocate was in the best interests of the child or if it is an attempt to deprive the other parent of custody and visitation rights, in which case the judge will not allow the move. Once the child reaches a certain age however, they can make changes to the custody agreement that the parents and courts may already have in place.

If you have an issue concerning child custody or visitation in Texas, you can most effectively handle with professional help. Consult with a qualified lawyer experienced in handling family law case.

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Load Issues in Truck Accidents

Posted By on Mar 28, 2014

A lot of attention is focused on the driver when a truck accident occurs, but there are instances when the driver may be fully capable and skilled and still an accident occurs. Trucking professionals maintain that a leading cause of truck accidents is improper loading, which includes overloading and failing to adequately secure loads. In such cases, assigning liability for damage and injuries becomes more complicated.

Overloading is an ongoing problem among those in the trucking industry. Just like violations of hours of service regulations, overloading is driven by the bottom line. The more a truck can carry in one trip, the more money is made by the motor carrier as well as the shipping company. Overloading may also occur when companies use trucks with gross vehicle weight (GVW) ratings that are less expensive and below the Department of Transportation’s (DOT) threshold of 26,001 lbs (which would require a driver with a commercial driver’s license) but still carry loads appropriate for vehicles with higher GVW ratings.

The problem with an overloaded truck is that it is more prone to accidents. An overloaded truck needs a longer braking distance than normal which can lead to collisions. Tire blow outs are also common because tires carrying heavy loads generate more heat, and this can cause the truck to roll over, the cargo to shift dangerously, or the driver to lose control. Imagine being confronted with a pile of logs bouncing off the truck bed and rolling towards you in an 18-wheeler accident.

The same risks apply for an improperly secured load, even if the load is within the manufacturer’s payload restrictions. Trucks travel at high speed, and when even a part of a load falls off, it can cause great damage to property and people in the vicinity. Even if an improperly secured load only shifts, the imbalance can cause the truck to roll over.

Liability for injuries sustained in an accident caused by an overloaded or improperly loaded truck will depend on the circumstances. It could be the motor carrier, the shipping company, the loaders, the driver, or any combination of the above. Consult with a trucking accident lawyer to sort it all out and get started with filing a case.

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People who have no business to be in a hospital are actively discouraged from going there mostly because there is always the risk of contracting a disease, especially airborne ones. In the US alone, it is estimated that every year 2.4 million people acquire one of the common types of hospital-acquired infections a year and more than 30,000 die as a result, making it one of the leading causes of death in the nation. However, contracting a disease or infection in a hospital does not mean the hospital is liable for any costs associated with hospital-acquired infections.

A plaintiff for a personal injury lawsuit against a hospital for an infection can only be upheld if the plaintiff had been a patient of the institution at the time that the infection was acquired and that acquisition was caused by a negligent act of the hospital or its staff. Getting nosocomial (originating in a hospital) infections are therefore not actionable per se; the plaintiff must prove that the hospital or its staff failed to implement or follow best measures for infection control.

Infection control best measures pertain to the sterility of instruments, materials and any surface that may make contact with the patient, especially during an invasive surgical procedure. Hand washing was the first measure adopted to stop the spread of infections in the hospital setting, and it continues to hold to this day. Proper sterilization of instruments prior to use is also standard practice, but even to this day failure to do these two basic practices is most often identified as the cause of the infection.

The hospital itself may have regulations in place but this is not enough to avoid liability for medical negligence. It is the responsibility of the hospital to ensure that employees observe and execute these preventive measures consistently. Failure to effectively enforce these regulations can render the responsible individual as well as the hospital liable for personal injury lawsuits.

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