By Timothy Gerret
Legal malpractice is something to avoid when it comes to interacting with legal professionals, but it’s not entirely something you can avoid all the time. As such, it’s important to know just what legal malpractice is, and what you should do about it if you’ve experienced it. It’s important to have a basic idea on how legal malpractice works and how it can affect you so you can have a good idea on how to approach the subject.
Do remember however that perhaps the best person to teach you about legal malpractice and the options for you if you’ve experienced it is a legal professional, as they have their own sets of rules and obligations to follow.
According to Nolo, should you plan to sue your lawyer due to legal malpractice, it’s important to remember that the process isn’t exactly a walk in the park. This is because malpractice means having to prove that the lawyer in question has failed to use the care and skill ordinarily used by other lawyers when tackling a problem or case that is similar to yours. This means you can’t exactly sue your lawyer just because they lost a particular case.
Things to Consider
In order to win a case on legal malpractice, there are four basic things to prove on your part:
- You should prove that the attorney has not acted upon his/her duty accordingly.
- You should be able to prove that there has been a breach in the terms of the duty they should’ve acted upon. This can be in the form of negligence, making mistakes, or not doing the agreed upon task.
- You need to prove that the said conduct has given you financial hassle and you’ve suffered some financial losses as a result.
Proving Legal Malpractice
There should be a few considerations that you should make in terms of proving legal malpractice really did occur:
- Was there an attorney-client relationship that was established? If you don’t have an attorney-client relationship, then the lawyer isn’t bound by duty to do something on your behalf.
- Was there a standard of care established in terms of the lawyer legally representing you? For instance, if a lawyer has stolen money they are holding in trust for their client, then the attorney has breached their duty. However, it’s important to determine that a “standard of care” was established, and that this violation has occurred.
- Has an injury been caused? It is important to demonstrate that the plaintiff has actually suffered injuries because of the negligence of the lawyer, as detailed above.
- Lastly, the plaintiff should be able to establish that damages were actually suffered due to this negligence. The amount and the nature of said damages should be established clearly. This is important as if the damages caused weren’t elaborated upon properly, then the lawyer in question may be dismissed from the case.
Consult Now More Than Ever
When you do experience legal malpractice, don’t completely lose faith in lawyers. Do try to consult with one, as it’s now more than ever. For many, legal malpractice is in itself an entirely new thing to deal with, and having legal support on your side is helpful. It’s not something you can easily read up and comprehend, as there are multiple factors involved. If you feel as though an attorney has done any sort of misconduct that can be classified as legal malpractice, you may communicate with the local bar authority, or a lawyer you might know, in order to get basic advice.
- It doesn’t necessarily have to be immediate consultation. Getting the right kind of nudge as to where to get a proper consultation would greatly help, as different areas may have different approaches to legal malpractice. Understanding how it works is the first step in knowing what to do about it, so you ought to find the right source first.
- When you get pointed to the person you need to approach, this can be the appropriate time for you to share your sentiments and concerns. This can greatly be aided if you have documents you can share with them or pieces of correspondence that could help you explain your situation to them better, in order for them to have a better grasp of what you’ve experienced.
- The above point can be explained better if you have an idea as to the case you think the lawyer in question has failed that proves the malpractice. If for instance the case had something to do with a car accident, you may confer with a lawyer here in order to get a more detailed background on the subject and compare their recommended actions to how the lawyer who had done the malpractice performed.
The unfortunate reality is that sometimes even those that you trust can be the ones who can do something bad to you, but that doesn’t mean you should simply let that happen. When professionals like lawyers commit error or fraud, or in this case legal malpractice, it’s easy to feel confused as you may not be familiar with legal malpractice and what you should do about it if you’ve experienced it. However, having a general grasp of your options in these situations can at least relieve you of some of the tension you’ve experienced, and these tips can help you focus on finding solutions to your current predicament.
Disclaimer: Please remember that this article doesn’t serve as official legal advice. It’s advised you speak with a lawyer in order to learn about the specifics of legal malpractice and what to do in your situation.
Timothy is a budding law writer who enjoys all aspect of the law industry. He’s currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.
By Ashley Thompson
Riding a motorbike is admittedly “awesome” and something to look forward to, especially if you’re properly trained to drive one. However, accidents don’t choose anyone, and as such a motorcycle accident is still something that can happen to you. It’s important to understand what motorcycle accidents are, and how to keep yourself safe while riding a motorbike. After all, safety is key when it comes to avoiding accidents.
A Motorbike Is An Extension Of Yourself
Some action films often have rookie martial artists use weapons they can’t master. Their mentors always say, “Treat the weapon as if it were an extension of your body.” This works the same way with your motorbike, though don’t treat is a weapon. Rather, treat the motorbike as an extension of your body whenever you ride it. This means the care it receives should be just as meticulous as the way do with your body to be appropriate for your needs.
- If you use your motorcycle often, you should make sure it has regular maintenance on all its parts. This is essential for parts such as the brakes, mirrors, engine, and things that can affect the way you control the bicycle and parts that ensure its integrity.
- Make sure that if there’s extensive damage, you have it repaired or replace your motorcycle entirely. It can be an investment and it can hurt your pockets, but it wouldn’t hurt as much as it would if you get in an accident.
- Make sure you know your motorcycle inside and out. Study the manual properly, and ask repairmen to teach you about what you could do to maintain your motorbike by yourself, and what to watch out for so you know when to call for them.
Protection, Preparation Helps
When they say “use protection,” there’s always a reason behind it. When it comes to using motor vehicles, ensuring there are enough means to protect yourself from any danger is extremely essential in ensuring you are free from risks when operating said vehicle. This is the same reason why potentially-dangerous tools have manuals to use them, or how people in dangerous places are required to operate with the right kind of protection. The same applies with a motorbike, as there is essential gear that should be worn to ensure you’re that taking necessary precautions to prevent severe injuries.
- A helmet is essential for riding a motorbike, and some countries actually make it mandatory for all passengers to possess and wear a helmet when using or riding a motorbike. This is because when accidents occur, there are still odds of your head being hit by something, which can cause dangerous and lethal damage. This means a helmet can at least provide you with a degree of protection from such an occasion.
- Other motorcycle gear includes guards for limbs, and sometimes even a jacket or a suit with padding. Wearing them and removing them can be a hassle before and after rides, but the extra protection they offer you can be an invaluable way to protect yourself from the dangers of the road. If there’s an opportunity for you to buy such equipment, do so.
- If your motorcycle has a container, do try to make sure you have a first-aid kit there, and other forms of immediate medical care. Get appropriate training to use them, so you know how to help yourself or others should you get in an accident where medical aid is taking too long to respond.
- Preparation extends to your knowledge in hand as well. It’s also a good idea to have a better understanding of traffic laws related to motorcycles, such as those of bike accidents. Lawyers here can be of assistance regarding that matter.
Always remember that safety is extremely important, especially when riding a bike. Since a lot of the body’s parts are exposed, it’s relevant to at least know what safety tips are in terms of being a rider, and following these tips in order to ensure that you’re going to have a great time on the road.
Riding a motorbike is undoubtedly “cool,” especially when you have the attire and the helmet to match. However, motorcycle accidents don’t choose its victims, and it doesn’t matter how awesome you look, you may still find yourself a victim of a motorcycle accident. Knowing how to keep yourself safe while riding a motorbike can help you have more awesome trips without the hassle. After all, when you’ve gotten all the safety factors covered, then maybe you can have more time to focus on dishing out the awesome with your bike.
Ashley Thompson is a promising young law writer. She hopes to apply her years of study into helping explain legal issues to the public. Ashley loves cooking and often cooks for her family during weekends.
By Kiren Manning
When things such as probate and your estate are being tackled, it’s not unlikely to ask what these things mean after your passing. After all, when it comes to properties and assets you own, understanding their full implications on you and those around you after you pass away aren’t easy things to consider. Having a good idea about how they work can give you a heads up on how to approach these particular subjects carefully in order to avoid complications in the future.
However, do remember that the tips and information given below aren’t the only sources of information you have to take note of in terms of probate and your estate. It’s important to understand that a legal professional such as one here is perhaps someone who would best explain probate and your estate especially if you have specific situations you want to clarify as well.
According to The Balance, anyone who wants to plan an estate should understand what probate is and how it can affect your estate as a whole.
Probate: The Basics
Probate is what the court calls the process through which it is decided how your assets and property will be distributed to your survivors after you pass away. Sometimes assets are given to heirs, or sometimes beneficiaries immediately get your assets and they bypass the entire process of having to go through the court.
- When a probate process is in question, it’s important for the one who has the estate to appoint an administrator or executor of their will. If you’re filing the estate and plan to use any kind of probate, it’s important to collect and understand your assets, pay the appropriate bills, distribute property to your respective heirs, and then file the final account. Unfortunate, this is both a time consuming and costly process.
Probate and Non Probate Assets: The Difference
It’s perhaps important then to know the difference between probate and non probate assets. This will allow you to plan your estate more carefully and more properly. Understanding their differences can at least help you determine the kind of assets that can be divided based on how you think they should be distributed.
Probate, for instance, includes assets that the decedent is in sole ownership of.
- A decedent will have ownership of real property if it’s titled in their name, or if they’re a tenant in common.
- Automobiles, furniture, jewelry, and other personal property can be passed on to heirs.
- A decedent with bank accounts in their name will get to keep the accounts.
- A limited liability company, corporation, or partnership interests that the decedent owns will be theirs.
- Brokerage accounts or life insurance policies that has the decedent as the beneficiary will be under their ownership as well.
Non probate assets, for instance, consist of the following kinds of property:
- If a property is held by a tenant in its entirety, or if they’re holding as a joint tenancy, it can be a non probate asset.
- Brokerage accounts that are either payable on death, transfer on death, or held in joint tenancy can be owned as non probate assets.
- Property contained in a trust can also be considered a non probate asset.
- Brokerage accounts or life insurance accounts that have beneficiaries other than the decedent can be owned by the latter.
This means your estate planning should include being able to take into account whether or not your property or asset is a probate or not. This is because a will doesn’t necessarily allow you to control the way your property is distributed, regardless of their type. This means you have thoroughly check who owns your properties and if they’re distributed in the way you want them to be. If not, then it might be wise to start to make adjustments with the assistance of a legal counsel or a financial professional.
It can be a bit hard for some to plan for their estate when there are a lot of things to consider, but with the proper assessment and guidance, someone planning for their estate could get their things properly sorted out without much hassle.
Probate and estate can be confusing in general, but they are not entirely impossible to learn. Having a good grasp on the basics can greatly help you decide on more specific matters, and the process could be easier with a legal professional in tow. Their assistance, as well as careful consultation with other professionals, and assessment of your assets, can greatly help you prepare for your passing, even if you see it happening many years in the future. Remember, being prepared doesn’t only mean preparing yourself, but also things you own that can have a profound impact on those around you.
Disclaimer: Please remember that this article shouldn’t be considered as a form of legal advice. It’s advised you speak with a lawyer or a legal counsel in order to learn about the specifics of probate and how it can be applied to your situation.
– Kiren is a estate law writer who enjoys writing about subject in relation to real estate and law. He has written for a few blogs in the past, and enjoys sharing his knowledge with those who enjoy reading. In his spare time he enjoys spending quality time with those he loves.
By Vicki Haskett
Accidents don’t choose anyone. This means another person, or even yourself, can be involved in an accident and there may be no way to prevent it. However, this doesn’t mean that you shouldn’t prepare for such an eventuality. There are many aspects and dimensions of accidents that should be considered when assessing them, but preparing for them carefully can have particular benefits. In this instance, tackling the risks of high speed collisions to the body can help you create a plan of action should this happen to you. At this point you may be wondering, what exactly does happen in your body when you’re in a high speed collision?
Understanding these effects on your body cannot happen in a single reading, however, and it’s still important to at least consider talking with a professional such as a doctor in order to know the full extent of a high speed collision to your body. After all, there are particular conditions in your body that might not be present in others. If you are unsure as to the legal repercussions of collisions such as high-speed collision to your rights and the rights of others, perhaps a lawyer found in a service like this could be of assistance.
According to Ranker, the idea of an accident itself can be horrifying. However, when a high speed collision is in question, a lot of things can happen inside your body. The internal organs have different responses to such an experience, and they tend to be unpleasant.
Chances Are: Bowels May Leak Into Your Chest
When you are affected by a high speed collision, damage such as swollen and bruised organs, a punctured chest, or broken ribs are actually things to expect. Damage and rupture to the lungs, hearts, and the spleen are also possible. What’s worrisome however is that human waste and bile can actually push themselves out of the stomach and into the chest.
- This is extremely deadly, as this is one of the easiest ways to generate sepsis, or the deadly condition of a severe infection. Unfortunately, this is just as hard to heal, as bowels can damage numerous parts of the body.
Chances Are: You May Have Delayed Internal Bleeding
If you’re in a car accident or a high speed collision, the body tends to release adrenaline because of stress and duress. However, the body also releases something called endorphins, commonly known as the hormones that regulate happy feelings. This can dampen the feeling of pain and help lessen the risk of fainting.
- Unfortunately, this may also mean you don’t exactly get to feel internal bleeding. As what you’ve read the above, broken ribs, a busted chest cavity, and bruised organs can actually cause a lot of damage to the body. Emergency personnel can at least help determine the cause of your problems if you know where pain is, but if you have dampened pain receptors, it can be just as hard to know just where internal damage may be located.
- This can be solved by going to the hospital for immediate treatment, but if this isn’t treated immediately, this can actually be extremely lethal for you.
Chances Are: Organs May Hit Bones And Your Skeleton
When your body stops moving from a collision, everything that sloshes will stop. Since the body is made of a lot of liquid and soft organs, the impact the collision causes can move them around the body as it will take time for them to adjust to the speed of the car.
- Unfortunately, there are chances that your organs can actually be crushed depending on the part of the body they are sent to. The front abdominal wall can actually destroy and damage these organs, and this can cause internal bleeding.
- Not only that, but this is particularly deadly for your lungs, as they may hit a punctured chest wall. This means that if your ribs end up puncturing the cavity surrounding the lungs, the lungs won’t be able to expand like they normally do. Air that will enter the lungs will instead be in your ribcage, which can be costly in terms of your survival.
Chances Are: Your Collarbone, Ribs May Fall Apart
Just like how sensitive your other organs are, your ribs and collarbone may actually fall apart as a result of a high speed collision. The collarbone isn’t exactly the strongest bone out there, so the collision may cause it to break and snap apart. This also happens to your ribcage, as it not exactly as durable as it should be to leave a high speed collision unscathed.
- Remember, the faster the vehicle, the more dangerous the collision will be for your system. Your body will try to stay in motion as long as possible, which means the damage to your body can actually get worse. If you end up in a high speed collision, try to get immediate medical help, even if you feel safe and sound. The sooner you get to be checked by a doctor, the safer you’ll be.
Vehicular accidents that result in injuries tend to have these injuries show outright, as impact from these collisions often have drastic effects on the body. This is why, if you’ve noticed, advice for those who are involved in car accidents is to make sure not to move injured people and to always call medical professionals for help. In the same token, it might be of use to be aware of what happens in your body when you’re in a high speed collision to understand just how potentially serious these injuries could get when left unchecked.
Vicki is a law writing enthusiast who’s had over 25 years of experience in her field. She enjoys sharing her experiences with those who want to learn more about the legal world. In her spare time she spends quality time with her family and friends.
By April Sears
Driving is an activity that requires a particular degree of focus and training in order to do it properly. Sometimes, it can become an instinct of sorts and as such you may know what to do at any particular time. This might make the notion of multitasking something that is tempting. Unfortunately, things such as texting or putting on makeup can potentially be risky when you do it while driving, and all the more if you drive while drunk. However, understanding the full implications of these are best understood if you get a basic idea on what happens in your brain when alcohol is involved while driving.
Do understand however that the facts below aren’t necessarily for everyone, as people have varying degrees of alcohol tolerance that should be taken into consideration, as well as other conditions that alcohol can affect. As such, it’s best to consult a doctor or a medical professional about the specifics of alcohol consumption before or while driving.
The National Council on Alcoholism and Drug Dependence, or the NCADD, said that it’s important to understand just what happens to the body when alcohol is consumed in order to understand its effects on your functions in day to day living. However, it’s also important to consider the dangers of alcohol when involving tasks that can potentially be harmful to others, such as drunk driving.
- It’s relevant to take note that drinking alcohol in itself isn’t bad. It’s only when alcohol is consumed too much that it’s become a dependence that can make it become qualified as an “addiction.” However to casually drink alcohol to get the occasional relaxing vibe isn’t entirely bad.
- Unfortunately, it’s when alcohol affects the body and mind that’s supposed to retain focus while driving that’s the problem. This is because drivers have a responsibility not just to their cars but to other drivers and pedestrians as well, the way pedestrians also have their own rules to follow.
Alcohol: The Basics
Alcohol is something that’s called a depressant. This means it slows down the central nervous system, which is composed of major organs such as the brain. As the brain is the one controlling our primary functions, alcohol dampens the brain’s connections in order to “depress” high level activity, which leads to that tipsy yet relaxing feeling. Alcohol in the brain can affect things like:
reaction times and vigilance, and concentration also tends to be decreased. This is why drunk people are sometimes barely able to perform tasks that require focus.
- The feeling of drowsiness and relaxation is very common after consuming alcohol, causing the urge to sleep.
- Multitasking suffers with alcohol exposure as a dampened nervous system can’t focus on tasks appropriately.
- However, as alcohol also allows the body to release endorphins or our feel good hormones, alcohol consumption can also lead to overconfidence, which elevates the odds of risk taking.
- When applied to drunk driving, all these effects on the brain mean that the driver in question isn’t going to being able to focus and multitask on one task, which is not exactly the kind of driver that gives a guarantee of following rules and basics.
Alcohol: The Statistics
According to the US Department of National Highway Traffic Safety Administration, research states that there’s evidence that skills related to driving really do tend to be reduced when alcohol is consumed. For instance, vision and tracking can become impaired due to exposure to alcohol.
- The ability to see objects in fine detail along with the contrasting movements of the eyes and their overall control tends to be impaired. This more or less extends to tracking abilities, which impairs a driver’s ability to maintain their position with respect to the changes in their surroundings.
- Drivers also have impaired perception and vigilance when consuming alcohol. Their level of watchfulness or alertness with respect to a given task can become decreased, as their ability to process information is also lessened.
- Perhaps scariest is the reality that motor skills relevant to driving are affected as well. Undivided attention due to alcohol consumption is lessened, as the ability to focus on more tasks are lessened. Not to mention psychomotor skills, or the ability to coordinate physical tasks at the same time.
These factors, combined together, can potentially affect a person’s overall capabilities to drive. Alcohol consumption can be good when done without having to drive, as the latter is extremely risky, and not to mention may impose penalties on you when you are caught. If you are wondering about how alcohol will affect your body in general, it may be best to ask a physician about the full effects of drunk driving on your system. You may also confer with a lawyer such as those here as to just how traffic laws are incorporated into these health effects, including in cases such as driving under influence.
Sometimes, it’s hard to be convinced of things when you don’t necessarily “see” how it can directly affect you, and as such some people find it hard to believe things unless they see them for themselves. In the case of when alcohol is involved while driving, some who have been a bit reckless and “successfully” drove home while intoxicated may tell you that the “threat” isn’t exactly as what people describe. So maybe the above realities on what happens in your brain when you drive while intoxicated can at least help clear your head on the dangers of drunk driving, and perhaps why traffic laws are strict about people who commit these acts.
April Sears has been a law writer for more than two decades, and she is currently working on her next piece. She also writes pieces on law topics for the common reader. April is family woman, and she loves spending her free time with her family.