Alternative Dispute Resolution (ADR)

ADR could be a number of different tools used by someone appointed by parties to help them settle a dispute without having to go to court. Mediation is one of the more widely known forms of ADR. In addition ADR methods include negotiations, settlement conferences and arbitration. Negotiation is the process of two adversarial parties trying to reach an agreement themselves. Mediation is the process in which a neutral third party assists the conflicting parties to come to an agreement. Arbitration is the process in which an experienced person hears the dispute and makes a ruling concerning the dispute.

Bankruptcy Law

Bankruptcy is the legal method for a debtor to discharge or relieve himself of the debts that he owes. While no debtor is guaranteed a total discharge of his debt, most debtors who file for bankruptcy are given such relief. One of the primary purposes of the Bankruptcy Act is to relieve the honest debtor from the weight of oppressive indebtedness and to provide the debtor with a fresh start.

Chapter 7 bankruptcy is also known as liquidation. In the typical Chapter 7 bankruptcy, a trustee collects the non-exempt property of the debtor, converts the property to cash, and distributes the cash to the creditors. In contrast, Chapters 11, 12 and 13 of the Bankruptcy Code allow for debtor rehabilitation. In those cases, the creditors look to the future earnings of the debtor, not the current property of the debtor. Under rehabilitation, the debtor will generally retain his assets and property and make payments to creditors pursuant to a court approved plan.

Criminal Law

Criminal law involves a citizen or a business and the state. The rules of the federal government and all individual state governments are codified into statutes. When an individual violates the rules as listed in the statutes, then the federal government or the state will prosecute the individual.

D.U.I.

D.U.I. is shorthand for "driving under the influence". A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level is above the legal limit for that state.

Divorce Law

Divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. The reasons given are referred to as the "grounds" for divorce.

Annulment is a method of voiding the contract of marriage. If an annulment is granted, the result is that parties are treated as if the marriage never occurred. An annulment can be granted only if the initial marriage contract suffers from a defect in its formation; for instance, an underage party without parental consent or a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract.

Legal Separation is a legal status conferred by a court where the parties remain married but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property, and debts.

Immigration and Naturalization Law

A person may become a United States citizen by birth or through naturalization. Naturalization is the act of making a person a citizen of the United States who is not born with that status. You may apply for naturalization if:

1. You have been a lawful permanent resident for five years.
2. You have been a lawful permanent resident for three years and been married to a U.S. citizen for three years and continue to be married to that U.S. citizen.
3. You are a lawful permanent resident child of U.S. citizen parents.
4. You have qualilfying military service.
5. Children under 18 may automatically become citizens when their parents naturalize.

Intellectual Property Law

Our legal system provides certain rights and protections for owners of property. The kind of property that results from the use of the mind in developing new ideas and products is called intellectual property. Intellectual property law includes patent law, copyright law, trademark law, and trade secret law. Rights and protections for owners of intellectual property are based on those laws. The various intellectual property laws often overlap and are frequently practiced together.

Lemon Law

Lemon law protects consumers when they buy a defective product. The law itself is centered around the protection of consumers in making sure that consumers receive what they paid for. When a consumer has purchased a product and the product does not perform as advertised or does not perform at all, lemon laws protect the interests of the consumer.

Medical Malpractice

Doctors, nurses and other health care providers spend a great deal of time learning how to treat a great variety of illnesses and physical maladies. As a group, they are professionals dedicated to helping alleviate the ailments that can plague mankind. Unfortunately, health care providers can also make mistakes. When mistakes are made, the effects can be devastating. Medical malpractice is an area of law that assists people who have been injured by the mistakes of health care providers, or the survivors of those who may have died as a result of the mistakes of health care providers, obtain a recovery for the results of these mistakes.

What should I do if I am injured?

If you believe that you have been injured due to the negligence or carelessness of a health care provider, you may want to contact an attorney to discuss this. You should call as soon as it is convenient for you to do so and avoid discussing the matter with strangers, representatives of the health care provider and/or insurance companies.

Personal Injury

A personal injury case includes almost any wrong done to you or your property by someone else. Your injuries could include an injury to your person or family member, damage to your property, or emotional distress. Many personal injury cases involve automobile accidents; however, many injury cases do not involve automobiles and can arise in any number of circumstances from dogbites to slip and fall accidents to medical malpractice.

What should I do if I am injured?

First of all, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact an attorney to discuss this. You should call as soon as it is convenient to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. You should be cooperative with the police, your own treating physicians, and your own insurance company.

Probate Law

Probate law involves the process of paying debts and dividing property when a death occurs. A death in a family can raise numerous questions that may or may not involve probate. An attorney can help answer these questions and can either help you avoid the court process of probate or, if unavoidable, make the process as simple as possible. They can also help you plan your estate so that your desires, from the care of your children to the making of a gift, are carried out in the event of your death.

Product Liability

Manufacturers and corporations that produce or sell products that are used by people owe a responsibility to ensure that their products will not injure the persons using these products. Products liability is an area of law that assists people who have been injured by unsafe products, or the survivors of those who may have died as the result of an unsafe product, obtain a recovery for the injury or death. The term "products" can include anything used by or that comes in contact with a person, including but not limited to: food, machinery, medicine, automobiles, household appliances, toys and clothing.

What should I do if I am injured?

If you believe that you have been injured due to an unsafe product, you may want to contact an attorney to discuss this. You should call as soon as it is convenient for you to do so and avoid discussing the matter with strangers, representatives of the manufacturer, distributor or retailer, and/or insurance companies.

Real Estate Law

Real estate law involves the sale, purchase or transfer of any interest in a residence or land. Whether you have ever purchased a house, a lot or acreage, or rented or leased any dwelling, you have encountered real estate law.

Securities Law

Securities law involves the rules and regulations that regulate the issuance and the sales of securities. It also regulates securities professionals and the organized stock markets. The Securities and Exchange Commission (SEC) regulates the securities industry on the federal level. Two federal rules largely regulate the entire industry, the Securities Act of 1933 and the Securities Exchange Act of 1934. There are also state laws that are generally administered by the office of the Secretary of State.

Social Security Disability

If you have a disease, condition or disability that limits or prevents you from employment, you may be eligible to receive government assistance in the form of Social Security Disability benefits (SSD). SSD provides cash benefits on a monthly basis for persons who are totally disabled. In most cases, you must be suffering from a condition that has or will prevent you from being employed for at least twelve months, or a condition that will result in your death. In applying for these benefits, there may be several levels of appeal that must be pursued. A denial at any one level, or a past denial, may not disqualify you from receiving benefits.

What should I do if I am injured?

Often, an attorney can help you file your initial application for benefits and/or assist you in obtaining a hearing and presenting evidence in support of your application, if necessary.

Tax Law

Tax law involves the taxation of income and property acquired through personal and professional efforts. The area of tax law affects many areas of life. Tax law is divided into both federal and state taxes. The federal and state governments each have tax laws that are independent and, in some cases, different from one another. Many questions can arise regarding taxation. Some of these questions can be answered by certified public accountants; other issues may need the assistance of a tax lawyer.

Work Related Injuries and Workers Compensation Benefits

Laws passed by the state require that your employer, or your employer's insurance company, compensate you, or your family, for injuries or death that may occur while you are working. You may be entitled to:

• Weekly benefits while you are temporarily totally disabled and unable to work.
• Payment of your medical expenses.
• Weekly payments or a lump sum payment for partial or total disability resulting from a work related injury.

What should I do if I am injured?

You should report the injury immediately to your employer. If you cannot reach an agreement with your employer or his insurance carrier as to what benefits or medical expense payments you are entitled to, you may be able to file your claim with the appropriate industrial commission. Often, the law and procedure for processing claims for work related injuries can be very difficult to understand. Many times, the benefits that you may be entitled to are slow to be paid until you hire an attorney. Therefore, you may want to discuss your worker's compensation claim with an attorney before proceeding.