If you’ve been arrested or charged with a crime, you’ll probably need the immediate assistance of a criminal defense lawyer, particularly if your liberty is at stake. A good criminal defense lawyer can explain your rights in all stages of the criminal process and help make the difference between a reduced plea bargain or dismissal and a jail sentence.

Below is important information you need to know about hiring a criminal defense lawyer.

Why You Need a Criminal Defense Lawyer

Being charged with a crime — whether major or minor — is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

If you’re facing criminal prosecution, a criminal defense attorney can help you understand:

• The nature of the charges filed;
• Any available defenses;
• What plea bargains are likely to be offered; and
• What is expected after trial or conviction.

What to Look for When Hiring a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white-collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you’ll want to find the best one for your case. As such, you should concentrate on the lawyer’s expertise, skill level, and knowledge.

A good criminal defense lawyer may help:

1. Reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor);
2. Lessen the severity of the punishment for the crime;
3. Reduce or eliminate jail time (via probation, for example); and/or
4. Help you develop a sound defense strategy (if your case goes to trial).

Also, because of the nature of what’s at stake, it’s important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it’s important that the attorney have experience with the state and local rules of court.

How to Find a Criminal Defense Lawyer

There are numerous ways to find and hire a criminal defense lawyer. Referrals from friends and family or online research may be a good start. However, in many instances, a person facing criminal charges may not wish to publicize the news of his or her arrest to extended family members and friends or may not have unlimited time to research online.

Questions to Ask a Criminal Defense Lawyer

Before selecting a criminal defense lawyer, you should feel comfortable enough to speak with him or her concerning all aspects of your criminal charge. Below are some of the questions you should ask:

• Do you have any experience handling cases similar to mine?
• How much of my criminal case will you actually handle?
• How many jury trials have you litigated?
• How often do you work out plea agreements or ask for a lesser charge?
• What are your attorney’s fees, and how are they calculated? Do you offer a payment plan?
• Would you be willing to provide references from clients you’ve helped?

Criminal Defense Lawyer Fees

The cost of hiring a criminal defense lawyer will vary depending on a number of factors, including the attorney’s experience, reputation, track record, and geographical location. Most criminal defense attorneys bill their time either hourly or by a flat fee arrangement. Depending on the fee arrangement, some attorneys may allow you to get on a payment plan to handle ongoing charges. Others may require an upfront retainer fee before working on the case.

In all cases, it’s wise to consult with a variety of criminal defense lawyers in your area to find one you feel comfortable with in representing you and get a sense of the costs involved.

If you can’t afford to hire an attorney, you may be able to receive a state or government-appointed attorney to represent you in your case. If this applies to you, speak to a public defender in your area for more information.

Are You Ready to Hire a Criminal Defense Lawyer?

If you’re facing criminal charges that could result in a prison sentence, loss of professional licenses, or other tough penalties, you’ll probably want legal counsel on your side. Get started today and reach out to a criminal defense attorney near you to discuss your situation and receive personalized legal advice.

Law schools offer a range of programs to fit your career ambitions and schedule. Most law schools share a common first-year approach to educating lawyers, with much more variation in the second and third years, such as opportunities for specialized programs, judicial clerkships, legal externships, participation in clinical programs and moot court, and involvement with the public interest and governmental agencies. Meet real students who share their stories of activism, public service, and international travel as part of their law school education. Law school can be an intense, competitive environment–but the rewards are considerable.

The First Year

Your journey officially begins. The work will be challenging, and professors expect you to arrive at every class thoroughly prepared. Most professors give little feedback until the final examination for the course, and most course grades are determined primarily from end-of-semester or end-of-year exams.

The Case Method Approach

The case method is unfamiliar for many first-year law students. It involves the detailed examination of a number of related judicial opinions that describe an area of law. You may be asked questions designed to explore the facts presented, to determine the legal principles applied in reaching a decision, or to analyze the method of reasoning used. In this way, professors encourage you to relate the case to others and to distinguish it from those with similar, but inapplicable, precedents.

By focusing on the underlying principles that shape the law’s approach to different situations, you will learn to distinguish among subtly different legal results and to identify the critical factors that determine a particular outcome.

The Ability to Think

There is an adage that the primary purpose of law school is to teach you to think like a lawyer. This is reinforced through the case method approach. Although the memorization of specifics may be useful to you, the ability to be analytical and literate is considerably more important than the power of total recall. Because laws continually change and evolve, specific rules may quickly lose their relevance, but the ability to think critically will be of the highest value. This is why critical thinking ability is assessed on the LSAT as a predictor of the likelihood of success, and why preparing for the LSAT helps students once they’re in law school.

The Curriculum

As a first-year law student, you will follow a designated course of study that may cover many of the following subjects:

• Civil procedure—the process of adjudication in the United States such as jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of trial results.
• Constitutional law—the legislative powers of the federal and state governments, and questions of civil liberties and constitutional history, including detailed study of the Bill of Rights and constitutional freedoms.
• Contracts—the nature of enforceable promises and rules for determining appropriate remedies in case of nonperformance.
• Criminal law and criminal procedure—bases of criminal responsibility, the rules and policies for enforcing sanctions against individuals accused of committing offenses against the public order and well-being, and the rights guaranteed to those charged with criminal violations.
• Legal method—students’ introduction to the organization of the American legal system and its processes.
• Legal writing—learning legal research and writing are critical elements of most first-year law school experiences.
• Property law—concepts, uses, and historical developments in the treatment of land, buildings, natural resources, and personal objects.
• Torts—private wrongs, such as acts of negligence, assault, and defamation, that violate obligations of the law.

In addition to attending classes, you may be required to participate in a moot court exercise in which you must argue a hypothetical court case.

After the first year, you will likely have the opportunity to select from a broad range of courses. Most students will take foundation courses in administrative law, civil litigation, commercial law, corporations, evidence, family law, professional responsibility, taxation, and wills and trusts before completing their degree. Every law school supplements this basic curriculum with additional courses, such as international law, environmental law, conflict of laws, labor law, criminal procedure, and jurisprudence, and many law schools include clinical (experiential) opportunities as well.

Extracurricular Activities

Student organizations are a great supplement to classroom learning. Typically, these organizations are dedicated to advancing the interests of particular groups of law students, such as Black students, female students, Hispanic students, or LGBTQ students. Other groups promote a greater understanding of specific legal fields, such as environmental or international law, or provide opportunities for involvement in professional, social, and sports activities.

A unique feature of American law schools is that law students manage and edit most of the legal profession’s principal scholarly journals. Membership on the editorial staff of these journals is considered a mark of academic distinction. Selection is ordinarily based on outstanding academic performance and writing ability.

Whether you are a full-time student or a working student trying very hard to balance your time between work that pays the bill and your limited study time in pursuit of your dreams of becoming a lawyer someday, the question of whether or not your study techniques are efficient and effective always hold true.

 

Here are 7 Tips for Effective Study Techniques 

1. Codal is King

Codal provisions contain the text of the law per se. Codal is what the law provides. By reading the codal provisions first, you are giving yourself an overview of the law, its general principles, as well as its exemptions to the general rules. Some successful bar takers and professors often mentioned that you can answer a Bar question by citing the codal provisions of the law as a legal basis. This works well for definition of terms, as well as enumeration. By being familiar with the codal provisions, you will have legal basis when answering in class recitation and of course in the bar exam. 

Atty. Myra Baranda, Top 3 of the 2019 Bar Exams, affirmed the idea when she said that, “Codals are so important so these are to be prioritized.”

2. Listen to Codal Audiobooks

As the saying goes, “Law School is a jealous mistress.” Studying law requires a lot of time. You need to allocate one hour per every unit of subject. Which means, a three-unit subject requires a study time of 3 hours to say the least. But remember to study smart, instead of just studying hard. 

One of the ways to maximize your time is to listen to audiobooks for law school subjects. Get your earphones and listen anytime, anywhere. Whether you are sweating out in your morning workout, or working on your desk job, you can listen to audiobooks and learn at the same time.

Visit Law School Buddy’s YouTube channel and choose among the available codal provision audiobooks free of charge. From Criminal Law, Civil Law, to Political Law, the playlists are being updated every week. Enhance your understanding of the law one audiobook at a time. Don’t forget to subscribe!

3. Choose Book that Suits You

Every law school book author has a unique writing style in explaining the law in their textbooks and commentaries. One easily defines and enumerates the elements of a certain topic while another one provides essential landmark cases to cite as examples. And then we have authors who love to give examples in order to better explain each concept. These are all helpful. And you might find a book that catches it all. Of course your professor might also prescribe a book to use.

However it is important to assess which is the most effective material for you. Scan the available books and stick to your preferred style. We have great authors and books, just pick one that suits you. 

4. Have an overview of the book

Muhammad Yunus once said, “In a bird’s eye view you tend to survey everything and decide on a particular point, then you swoop down and pick it up. In a worm’s eye view, you don’t have that advantage of looking at everything.”

By looking at the table of contents or outline of your commentaries and textbooks, you are giving yourself a glimpse of what’s ahead, and also getting affirmation on the topics to be discussed in relation to what you have read in codal provisions. 

Many students often jump right into reading their textbooks with no idea how extensive the topic coverage is or how long it takes to finish a chapter. Start by browsing the outline first and use it as your study guide so you can better manage your time to make sure all topics are covered. 

5. Jurisprudence is Queen

The rule of precedents. Jurisprudence are judicial decisions applying or interpreting the laws or the Constitution that form part of the legal system of the Philippines. If Codal is King, then Jurisprudence is Queen. 

The Supreme Court has laid out important decisions in landmark cases on how they rule over a case. The Supreme Court’s decisions are, more often than not, widely used as a legal basis in answering essay questions, law school class recitation, and ofcourse, the bar exam. 

Jurisprudence are also beneficial to law school students to better understand the fundamentals of the law and help them figure out the actual rule of the law. The lawyer and judges can use jurisprudence as a guide to correctly interpret certain laws that require interpretation.

Law School Buddy is featuring jurisprudence from Supreme Court decided cases. Don’t miss this out! Join us on Facebook and Instagram, along with fellow law school students, and together we learn essential jurisprudence every single day. 

6. Read Full Text of Cases

I know what you are thinking. How can one read the full text of cases when one has limited time to study, add to that a voluminous number of supreme court decided cases to digest?

If you have the luxury of time to read the full text of cases, you already know its benefits. Reading the full text will not only help you understand how the supreme court came about its final ruling but also the basis and decisions of the lower courts and why the supreme court affirms or reverses previous decisions are explained. The narration of facts are often lengthy, no one can argue about that, but the laying of legal basis in every decision of the court is so encompassing that it will surely help you understand how the law is applied. Not to mention, it will highly enrich your knowledge of Jurisprudence. 

Who knows? Your next question in law school might be based in one of the cases you have read.

7. Practice Answering

Now that you have read and study your law school subjects, time to test the waters. One of the most effective ways is to practice answering essay questions, preferably those previously asked in the bar exams. This will gauge your depth of knowledge about certain topics. When you understand what you read, it should be easy for you to answer the questions. Otherwise, you might need to spend more time to fully understand the topic until such time that you can discuss it with ease, and be able to answer the questions with confidence. 

By going through the past questions asked in the Philippine Bar Exams, you can have an idea of the important topics that are usually given more weight and attention in exams. 

And that’s the 7 Study Tips for Law School. I hope you learned something today. Join us in this law school journey as we inspire and help each other toward a common goal.

What Are the Different Types of Litigation Cases

The American legal system can be complex to navigate. When involved in a lawsuit or accused of a criminal offense, it is important to understand the type of case you are in and the different processes involved.

One crucial difference is the one between civil litigation and criminal litigation. Luckily, with over 1.3 million lawyers in the U.S who run general or specialized practices, you can always find one who will help you navigate either.

Criminal Cases

Criminal cases involve the government prosecuting an individual for violating state or federal laws or allegedly committing a crime. The case is presented before the court by the prosecutor, a state’s attorney (District Attorney), or the United States Attorney for a federal crime.

Civil cases

The civil litigation process begins when a person or entity files a dispute against another person or entity, suing for compensation for damages caused. The judge or jury listening to the case will then apply the appropriate law to the facts presented in court by both parties. The plaintiff files a complaint in court seeking monetary compensation, an injunction, or an order as a result of an action by the defendant.

Types of civil cases include:

Personal Injury Tort Claims

One of the most common cases in civil litigation is personal injury claims. The plaintiff asks for compensation for damage caused as a result of an action by the defendant. The argument may be based on negligence, intentional wrongdoing, or strict liability. Some of the claims filed include auto and motorcycle accidents, medical malpractice, fraud, personal injury, animal attacks, and many more.

Contract Disputes

Breach of contract claims results from the failure of a person or entity to fulfill their contractual obligations; thus, the plaintiff files a case in a civil court. The plaintiff asks for compensation for the non-fulfillment of the contract signed. Some of the matters handled include violation of business agreements and non-delivery of paid purchase.

Equitable Claims

The aggrieved party may ask the court to issue orders to an individual or entity to halt an action or to take a specific action. Most cases involve plaintiffs seeking temporary restraining or reprieve orders against the defendant.

Class Action Suits

A civil litigation lawyer represents a whole group or class of people filing for compensation, against an organization, for the many injuries or damage caused to them. Class action suits are complex to litigate and may end in huge compensation payouts. An example is a group of consumers suing a company for a faulty product or equipment that caused injury to them.

Divorce and Family Law Disputes

Divorce, legal separation, and custody disputes fall under civil litigation. The court rules on breaking the union, sharing of the marital assets, child custody, and support. From the complex nature of the cases, it would be best to find civil litigation lawyers with a firm grasp of family law.

Property Disputes

Property cases involve disagreements about property ownership and boundaries. The court may offer more than monetary compensation, issuing out restriction orders against the trespasser.

Civil litigation proceedings are usually complex, requiring the professional knowledge of experienced lawyers to present the cases. If you need a civil litigation lawyer in Rockwall, TX, you can contact the Law Firm of Patrick Short.

Amid police force controversies, many municipalities are strengthening their community policing efforts with increased resources and new strategies

Community policing initiatives are broadly defined as strategic efforts to encourage trust between police departments and civilians. Most community policing projects focus on interactions to create partnerships and problem-solving techniques to proactively address conditions surrounding crime and public safety.

In light of recent controversies concerning the use of police force, many municipalities are strengthening their community policing efforts with increased resources and new strategies.

LOCAL YOUTH TRAINERS

In Baltimore, a social justice organization is offering local police departments with specialized training on how to better interact with residents. These training programs will be led by teens who live in the communities directly impacted by police activity and monitoring.

The Inner Harbor Project not only teaches police how to communicate better with local residents but also provides urban teens with the necessary skills and information to lead these important classes. The social justice organization equips teenagers with research and professional skills to enable them to brainstorm solutions to community issues involving race, class, and culture. In Baltimore, there has been an ongoing conflict between young city residents and police.

The Inner Harbor Project aims to help teenagers better navigate public spaces in the city without causing disturbances or triggering police responses.

Likewise, the group is also working to ease tension between teens and local businesses. The Inner Harbor Project released The Harbor Card program that offers discounts to young shoppers at a number of participating outlets. The goal is to foster a more relaxed environment between young patrons and the business community – which was most likely to contact police if teens appeared to be loitering.

SMARTPHONE CHATTER

The Chattanooga Police Department recently adopted a smartphone application that allows the department to communicate with city residents regarding crime in local neighborhoods. The Nextdoor app enables police officers to send residents:

• Safety tips
• Event information
• Community alerts

The information can be shared with residents in a specific neighborhood most affected by the news. The app also functions as a private community forum where residents can post messages regarding local news such as upcoming garage sales or lost pets.

While police may post messages to residents, the department will be unable to see posts among neighbors. Residents, on the other hand, can see all messages, post to the forum or send a private message directly to the police. The app is free to use once a resident has verified they live in a neighborhood, The Chattanooga Times Free Press reported.

The overall goal of the app is to both increase communication between police and residents, as well as increase safety and awareness.

INTERACTIVE POLICING

In Messina, New York, the local police department has unveiled a new community policing initiative that gets officers on the streets to interact with youth. The True Blue program encourages officers to spend at least a half hour of their shift out in public spending time with children at playgrounds and other community centers, Watertown Daily Times reported.

Whether the police are spending time with kids playing hockey or basketball in the park, fishing in a creek or reading at the library, they are participating in the program. The goal is to nurture strong, trusting relationships between youth and police officers. If the children feel comfortable with local police, they will be less afraid to report things they see or ask questions in the future, Watertown Daily Times reported.

Messina Police Chief LaBrake said the program is designed to get police officers out of their cars and on the streets where they can learn about community needs and concerns more directly. In addition, the initiative hopes to present a more positive image of police officers than what has been presented in media coverage of recent controversies.

PLAY BALL

Similar to Messina’s True Blue program, a Chicago police department has created a youth baseball league to build stronger relationships with city youths. In a neighborhood riddled with gang violence, most kids in Englewood are unable to play outside in the summer without fear of violence or arrests.

The Englewood Police/Youth Baseball League was strategically launched in one of the city’s most dangerous neighborhoods and aims to keep vulnerable kids off the streets and away from violence. Furthermore, the league shows youths that police officers can help keep the community safe and shouldn’t be seen as a threat.

CREATE LEADERSHIP

Another way local police departments are making community policing a priority is by instating the necessary leadership to organize initiatives and be held accountable for performance. The Chicago Police Department recently named its first Deputy Chief of Community Policing to further bridge the gap between community groups and police departments.

The Deputy Chief of Community Policing will work with the patrol division and CAPS personnel to coordinate community policing efforts and projects across the city. These initiatives include moving hundreds of officers out of administrative roles and into foot and bike patrols in an effort to support interactions with residents.

MEASURING SUCCESS

It is one thing to launch a community policing project, but an entirely separate project to know if it is working or not. Lorie Fridell, associate professor of Criminology at the University of South Florida, argues that police departments should conduct community surveys at regular intervals to gauge how residents feel about the programs and police departments in general, Newsweek reported.

Another type of survey – a consumer survey – would poll individuals who had recent contact with the police. This survey would provide deeper insight into how one-on-one interactions have or have not changed since the program was launched.

Furthermore, cities should be evaluating their police data regularly to identify any major reductions, spikes or patterns in police-community activities. Departments can track criminal activity alongside resident reporting to see if greater trust has been built in the community.

Some departments, for example, have adopted ShotSpotter gunshot detection technology that can compare the number of detected gunshots with the number of 911 calls related to gunfire at the time. This data illustrates the state of relationships between residents and police by measuring people’s willingness to call law enforcement, Newsweek reported.

No matter the strategy, police departments should be documenting activities in neighborhoods where community policing projects are active, and comparing the results to other areas to identify successes, failures and best practices.

We believe that planning your estate well in advance should benefit you and your family. It does not matter what age you are, as something unexpected could happen, leaving your loved ones burdened with the responsibility of distributing your estate in the best way they can.

As estate lawyers, we can provide you with the advice you need to help divide up your assets if you die, or become incapacitated through no fault of your own.

Many people do not know how to draw up a Will and even though it is not complicated it needs to be created in a way that there are no ambiguities in relation to the distributing of your estate. Any doubts in beneficiaries’ minds could lead to unnecessary court battles that divide families who have had good family relationships before the death of a loved one.

What is a Florida living trust?

A living trust comes under the Florida Trust Code and a Florida resident draws this up during their life to benefit themselves, their spouse, and other people following their death. Florida trusts are laid out in Chapter 736 of the Florida statutes.

There are several parts to this type of trust which are:

• there is the individual who initiates the trust and plans what the living trust agreement contains. This is the trustmaker, settler or grantor.
• the trustee is appointed to administer the assets and makes sure the contents of the trust are distributed in accordance with the wishes of the trustmaker.
• the lifetime beneficiary, who is the trustmaker, settler or grantor has complete access to the income and principal contained in the living trust throughout their lifetime.

A living trust formed for estate planning purposes is entirely revocable both in full or just a part. The trust maker can alter anything in the trust while still alive and mentally able to do so. As soon as the trust maker dies, this living trust is irrevocable, so the beneficiaries of the trust and successor may not change any of the trust’s provisions.

Organizing a living trust is never an easy matter but one of our estates, trusts, and probate lawyers have vast experience dealing with these difficult real-life issues and can navigate you through the difficult decision-making required when you decide a living trust best suits your needs.

Estate planning and the probate court

When a person dies in Florida without a will, their estate is considered “intestate.’’ This typically means there are no clear instructions available for the distribution of property and assets. When this happens the Florida probate court will be involved following a petition from a surviving heir or any other individual(s) who may claim s/he has a right to the estate. The legal proceedings that follow will decide how the estate is to be divided.

If at all possible, the probate court must be avoided as it can be a costly and time-consuming process. When deceased property decisions end up in the probate court, it is the legal system alone that decides how property and assets should be fairly divided not the family left behind. These problems can easily be avoided as long as the proper documentation has been compiled regarding the distribution of your wealth. One of our probate lawyers can work on your behalf so the time and cost is minimized when it comes to the time you need to pass your assets on to your surviving family members.

Immediately following an auto accident, your first thoughts flash to your safety, that of your passengers, and the condition of your car. Sadly, other distractions come into play that you must deal with, from insurance claims to impaired drivers. If you feel as though another party wronged you in some way, causing your injuries as a result of a car accident, hiring an auto injury attorney may be yet another task you have to tackle. No one wants to even be in this situation in the first place. The last thing on your mind is money, as you try to heal and return to normal.

Seek Out a Trusted Resource

If there is an attorney who has represented you in the past, it’s wise to keep his or her business card handy such as in your glove compartment or your wallet. You really never know when you will need access to someone you can trust – fast. That way, if you are involved in a car accident, you can inform the office that you require legal assistance in a timely manner. Having a dependable and experienced auto injury attorney ready to fight for you can be comforting.

Create a List of Questions

If you don’t already have an attorney in your corner, you’ll need to find one. That means you have to do some research. Most lawyers offer a free initial consultation, during which you can ask questions. Create this list ahead of time so you don’t miss anything. Outline the details of your auto accident and keep notes.

Inquire About Background

Ask about education and professional experience. Some good questions to ask include:

• For how many years have you practiced personal injury law?
• How much of your practice is made up of auto accident claims?
• How many car accident victims do you represent annually?
• How many do you settle? How many go to trial?
• What is your success rate?
• Do you frequently handle cases similar to mine?
• Where did you attend law school?
• How many years have you been in business?
• Are you a member of any bar associations or professional organizations?
• Have you represented victims of auto accidents who suffer from injuries like mine, such as back and neck injuries, TBIs and any other injuries that may result in long-term medical issues?

Don’t be afraid to ask all of these questions. The answers you receive will allow you to make the most informed decision possible in hiring an auto accident attorney to handle your case – and indeed your future.

Inquire About Case Assessment

After discussing the details of your case, ask the lawyer what his or her opinion of your case is.

• What is your assessment of my case?
• What kind of financial settlement can I realistically expect?
• What are some of the factors that work in my favor? What factors work against me?
• Do you think we will have to go to trial?
• Do you think arbitration or mediation is a better option?
• How long do you expect my case to take?

No matter how good your lawyer is, sometimes the answers to these questions just can’t be said with certainty. However, good auto injury attorneys should be able to give you estimates based on their knowledge, experience, skill and nature of similar cases.

Gather Information

Once you have secured representation, do your part to ensure a successful claims process. That includes showing up to all appointments with your lawyer and doctor, keeping all documents pertaining to your case organized, and answering letters and phone calls regarding your case promptly. Follow the instructions of your lawyers and doctors, show up on time, and be respectful in all meetings with other lawyers and the judge.

Doing your part in the matter can contribute to a seamless process with a successful outcome.

Contact Kuzyk Law

Don’t let the aftermath and confusion of an auto accident cloud your better judgment of calling an auto accident injury attorney sooner rather than later. We are here for you whenever you need us. Call us for more information.

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,

Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,

Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,

Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,

Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,

The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.

Access to lawyers and legal services

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.

4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.

Special safeguards in criminal justice matters

5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:

(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients;

(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;

(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

18. Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.

19. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.

20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.

22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.

Freedom of expression and association

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Professional associations of lawyers

24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

25. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

Disciplinary proceedings

26. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.

29. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.

So you’ve been involved in a car accident and think you may have a case. How do you find the right attorney to help you?

You already know this is an important decision. In fact, finding the right lawyer from a good shortlist of car accident attorneys may be one of the most important decisions of your entire car accident case.

We’re going to help you with that right now.

You should do careful research and select an attorney who has years of proven experience handling personal injury cases such as yours. We want to offer you some helpful tips to find that perfect attorney to get you compensated for your car accident injuries.

Top reasons why you need a personal injury attorney after your auto accident

When should you hire a personal injury attorney after a car crash, and why? What does a lawyer do for you? Do you need a lawyer for a minor car accident? We asked attorneys from all over the country these questions and here’s what they said.

Research shows that car accident victims, particularly those with perceived “minor” injuries, are reluctant to hire a personal injury attorney for a number of reasons. Perhaps they don’t think they need one, they are intimidated by the prospect of talking to a lawyer, or they don’t want to get dragged into court like they see on TV shows. Or maybe they mistakenly believe that they could never afford to hire an attorney or that their injuries aren’t that serious.

Whatever the reason, the reality is that not hiring an attorney after a car accident can have long-term negative consequences on your final settlement or award.

While it’s hard to quantify exactly how much it helps to hire an attorney since there isn’t recent data looking into this issue and cases vary widely, one commonly cited study by the Insurance Research Council from 2004 found that 85 percent of cases where the insurance company settled a car accident claim were handled by a hired attorney.In addition, auto accident injury victims who are represented by an attorney are awarded 3.5 times more compensation in settlements than those accident victims who represent themselves, according to the same study.

In this article, Enjuris developed a comprehensive list of tips and advice from reputable attorneys around the country about the benefits of hiring an attorney following a crash. Our goal is to help accident victims understand the settlement difference that having a great attorney on their side can make by providing answers to related questions like:

• What are the top reasons why people should hire an attorney?
• What advantages do personal injury attorneys offer in car accident cases?
• When should you hire a personal injury attorney after a car crash?
• Do you need a lawyer for a minor car accident?

Below you’ll find answers to these questions and more from experienced car accident attorneys based in cities all across the country, from Miami to New York to Houston to Denver.

Before you look up car accident attorneys, know what you’re looking for

Before you even start doing searches it will pay off to have a good idea of the qualities and terms you are looking for in a car accident attorney. This may differ a little according to your case, your personality, your area of the country, even.

These questions will give you a framework for a list you can check off:

• Evaluate the complete team of staff, not just the partners or people who make up the public face of the law firm. Keep in mind as you research and interact with the firm that it may not be the same person you speak with initially who will be your primary contact.
• Firm age, size, experience. Awards and leadership roles in organizations can also be good indicators.
• Good judicial connections: Find out if they participate in the local bar association and contribute to campaigns.
• Comfort with going to trial: Find out how many of their cases go to trial and the success rate of those that do. Some lawyers will have this information posted on their websites.
• Have they tried or settled similar cases in your city or county? Do they have an office near you?

• Look for experience with your type of case specifically.
• Negotiation ability: What sort of settlements they have obtained (remember, 95% of personal injury cases are settled without trial). Again, some car accident attorneys will have this information posted on their websites.
• Your personal comfort with the lawyer. This can be a big one.
• Timing: Are they too busy to devote enough time to your case? Can you get a sense of how long their cases are taking?
• Past problems: Has the attorney ever been censured or disciplined by any legal or ethics committees in the past? You will want to look this up before contacting them, so you don’t waste your time.
• Past client reviews: Be alert to what others say about them, especially on independent review sites.

The importance of hiring a lawyer after car accident

BUSINESS NEWS | 26 Dec, 2020 | EMILY ROBERTS

A road is a place where accidents can commonly happen. Even if you are careful, accidents can happen. These accidents are made even worse when they’re caused by a drunk driver or a driver who simply doesn’t care. Although these types of drivers are the worst, these aren’t the sole reasons for mishaps on the road.

In some rare instances, dangerous places, negligence on the part of road maintenance, faulty car designs, and other reasons can be behind such accidents. With that said, an innocent pedestrian, a passenger, and a driver who undergoes such traumatic events should be compensated properly. With that said, here are some things that you should do legally after a car accident.

Handling Your Insurance Company

Before we register our vehicle, we apply for our car insurance because some unfortunate events may happen on the road. It is easy to apply to any insurance company, but the most challenging thing is to claim your compensation if an accident happens. If you hire a lawyer, they will help you talk to the insurance company and compensate for the accident.

The lawyer knows about the law, and it is easier for them to talk to the insurance company rather than you, who has limited knowledge regarding the situation. Negotiation is essential when dealing with an insurance company, and the lawyer is the most suitable for this job. If you visit fortworthcarwrecklawyer.com, you would know the importance of having a lawyer in a car accident.

Regarding the verbal and written statement for the accident, the lawyer will handle all the processes and craft it to your advantage. They will also handle all the details and represent what is best for you to obtain your compensation.

Proving Your Injuries

One of the hardest parts of a car accident is to claim the compensation for who caused your injuries, as most people neglect that crucial part. With the help of an attorney, they will investigate properly and produce evidence of who is wrong and cause such injuries.

If you hire an attorney, you have the advantages of the situation as they will defend you and handle it professionally. The attorney has many resources and skills to build the case on your behalf. It also includes reconstructing the accident, consulting professional medical personnel, obtaining accident reports, and interviewing witnesses.

Knowledge For All The Compensation Of Potential Damage

Most people don’t know the aftermath of a car accident. Some people who cause the accident will likely offer to pay minor damage as people lack some knowledge of the situation. If you have an attorney who will fight for you, you will know the extent of the potential damage and your rights to claim the full compensation you deserve.

The car accident is not limited to damaged property and injuries; it also includes mental health and disfigurement, which most people neglect. If you have an attorney, they will not neglect any part of the damages included for your compensation. They will evaluate and determine the worth of all the damages.

Negotiating For Settlement

In a car accident, negotiating is not limited to both parties that cause the accident and includes the insurance company. If you don’t know the full extent of the damage and your injuries, you should hire an attorney to get the right claim for your compensation. The attorney has the skills to negotiate that will not put you in a bad spot.

They know the law’s full extent, which the insurance company cannot take advantage of. They know everything as they will properly investigate the scene and compute the full extent of damages to negotiate the right claims you deserve.

File A Case If Necessary

One of the essential benefits that you can have if you hire an attorney is to file a case if necessary. Not all people want to compensate for the damages but file a case against the person who causes the accident. You can tell your lawyer what you want as your compensation, and they will do everything they can to get what you deserve.

Peace Of Mind

What you need after a car accident is peace of mind. Most people don’t know what to do and don’t know how they handle the situation. If you hire a lawyer, they will do every process needed to take, and you can focus on recovering from injuries and mental stress. You will have peace of mind as you already know that the case is already on the right track.

Takeaway

In a car accident, people don’t know what to do or know the full extent of the potential damages. Hiring a lawyer will bring you many benefits as they know the law and know how to handle the situation. They can claim the right compensation that you deserve, and you can focus on recovering instead of handling the stress provided by the situation.