6 Must Have Traits of A Good Lawyer

Lawyers undoubtedly are one of the most prestigious professions these days and the demand for these professionals are exponentially increasing with each passing day. But it doesn’t necessarily mean that anyone can aspire to make a name for themselves in this profession.

If you are looking to hire one of these professions, there are certain qualities which you should look forward to. These qualities are:-

Good communication skills: Needless to say, professionals in the legal field should be both articulate orally as well as have proper written communication skills. In order to place their argument with judges and juries, having necessary public speaking skills are imperative. In addition to this, they also should have good writing skills because they will need to prepare several legal documents from time to time. But that’s not all, in order to properly analyse and solve their client’s problems; they should also be a good listener.

Proper judgement: Every professional in this field should be able to draw conclusions on the basis of the information they have. From properly spotting loopholes in the opposition’s argument to considering judgements based on your points so that it is fortified on the court of law; they should be able to do everything.

Analytical: Practicing law isn’t easy at all because they have to absorb large quantities of information and convert it into something that’s manageable. Not all cases will be a cakewalk and there will be cases where there will be more than one definitive conclusion. These professionals should have the necessary analytical skills to decide which conclusion suits the case the best.

Research: Every professional in the legal profession should also be good researchers. From collecting detailed information about the clients to preparing legal strategies to comprehending huge data; these professionals should be equipped to deal with these things conveniently.

People skills: Law is not at all about getting great grades because, at the end of the day, it’s about how they interact with the people. They can be academically excellent but if they are not socially awkward, they won’t be able to achieve anything. The person whom you are hiring should be persuasive, personable and have the ability to gauge other’s reactions. If the matter is not concluded within the court of law, they should have the necessary skills for an outside settlement between you and the opposition.

Driven: These professionals should be driven in their pursuit of achieving their goals and solve your case no matter what. They should be 100% committed to the cause and do everything within the legal boundaries to assist you in your case.

What Is Mooting?

University law students are often encouraged by their lecturers and peers to participate in moots. Moots are usually mock appeal court hearings where law students argue over disputed points of law in a fictitious criminal or civil case. Unlike simulated trials, moots are not concerned with ascertaining facts and other aspects of court procedure and therefore do not feature cross examination, witnesses or juries.

Mooting competitions have their own rules but in a typical moot there will be two teams consisting of two law students each. One student will take on the mantle of being senior counsel and the other that of junior counsel. In moots, both the senior counsel and junior counsel with make speeches and address the court through their oral submissions. This aspect of the moot tests the students’ advocacy abilities and the legal rigour of their arguments.

Prior to the actual moot itself, both teams will be given the moot problem beforehand. The moot problem contains the facts of the fictitious case, the decision of the lower court and the grounds of appeal against the lower court’s decision. In the time between being given the problem and the day of the moot, both teams will have to research the legal issues that arise, construct their arguments and prepare their submissions. Often, the teams will also have to submit skeleton arguments – which are short written submissions. Skeleton arguments help demonstrate the legal reasoning of the students and their written advocacy. They are also important because they act as summaries for the oral submission and therefore allow the mock judge to consider the legal arguments in advance.

Moots also test a student’s ability to think on his or her feet. This is because the moot judge can intervene during the oral submissions and ask questions. This aspect of the moot can cause some students to stumble because they will have only rehearsed their speech. An excellent mooter in contrast can use these interventions as opportunities to display their knowledge of the law and will be able to answer questions without faltering in their submission.

Six Reasons to Hire a Lawyer

An attorney is required in every legal matter. Two very minor examples, in this case, are – going to small claim courts for claims and fighting a speeding ticket. In many situations, like legal challenges, deals or disputes, nobody wishes to take the risk of going into the courtroom alone. Everyone needs the advice of an experienced lawyer, in order to win such legal battles.

If you are opting for a good legal representative, it should be remembered that it will likely cost you good bucks. But, they assure to help you out of a bad situation, whether it is a divorce, DUI violation, and a lost job.

Here is a list of top six reasons of hiring a lawyer. They are as follows:

• The law is complicated – If you are not a legal person then you may hardly have any idea about how to act in certain instances. Sometimes experienced lawyers do not present themselves before the court. A trained attorney is needed for any legal issue.

• Not having a one may cost you more – A civil case requires a good amount of monetary strength. Sometimes fees are not accepted by many civil attorneys until they win your legal case. Hiring a lawyer can help you to save money as you may also claim legal fees as plaintiff with the help of your lawyer.

• They know how to challenge evidence – Generally, common people do not have any idea that key evidence against the opponent may be obtained by foul means or even sometimes the testimony of a witness contradicts the statements that were given earlier. Your attorney will help you to get rid of these situations.

• They know how to handle legal procedures – Your attorney will help you to file court documents properly. An attorney knows every detail of protocol and deadline for filing any legal document in an authentic way. One incorrect filing might delay or stop your case forever.

• You don’t know any private detective or expert witness – An extended network of professionals is required by attorneys to solve the cases of their clients. Most of the people do not know this type of professionals, in order to fight against the opposing party.

• You do not know what pleading is – An attorney understands the law and can help you to avoid severe penalties before the beginning of a criminal trial. All the details of pleading are well known by them.

It is always a good option to hire a lawyer before starting any legal procedure. There are several kinds of them and you can make your choice as per the nature of the case.

Careful Analysis of Different Case Situations

Legal situations are complex and unique in nature. The identical circumstances in different cases may be reflected in a distinctive way. Why is that? The different points that are argued during a case proceeding are based on the ability of the legal team to smartly tilt the proceedings in the favor of their client. The interpretations of different aspects that emerge in the course of a legal trial affect the outcome of the case; is it knowledge or the experience?

The validation of different points in a case proceeding justifies the rationale of the argument. The judge listens closely to the arguments made by the parties. Every action must be properly outlined within the scope of the law. The existence of proofs and how it relates to the reality of a particular case will highlight the effectiveness of a lawyer. This is the high voltage situation and the legal team that you hire is basically the link that may either strengthen or weaken the case. It is the ability to control the different parameters of the argument in a legal trial.

Determination along with diligence is a critical success factor in controlling the nitty-gritty of the case. The quality of argument will vary from one case to another, however the authority with which the legal team can present the case of their client will offer better reflection of their action in a particular situation. This requisite having the skills to professional exhibit the circumstances in a rational way; do justice to your choice of selecting the legal team that can be of all-embracing support. The authenticity in relationship always produces positive outcomes.

In life we are all dependable on others in some capacity. However the quality of dependency is also vital. In the realm of law, you depend on your legal team to take you out of troubles circumstances. This relationship is built on a very delicate thread. The ability of the legal advisor to design a relevant risk perception model is highly influential. This is only doable when an expert is handling your case. You need to see the broader picture of the situation and choose the most favorable solution.

In business situations, the legal team is more than simply advising the management in making rational decisions. Sometimes the technicalities of the issues are better understood and interpreted by a legal expert. The blurred vision can be highlighted and all the gray area can be removed by a legal expert.

You are the judge of your situations and the issues that are haunting you. High quality legal assistance is necessitated, since many things are at stake. It is all about setting the right priorities for the client. The value that you seek from legal support is reflected on the outcome, isn’t it? Learn to be appreciable in having the right type of service that can help your cause.

When you are in deep trouble and nowhere to go, the legal advisor and advocates can construct the right path for you. Your legal situation must be expertly provisioned within the scope of the law. All the finer details must be effectively presented that can reinforce your case. An excellent legal assistance helps the client to toughen up in facing any outcome. The court will look for approval of your innocence through the eyes of law. The eyes that closely monitor your case must be immaculate. Any point missed can be detrimental for your cause. The ability to firmly defend the client is a foremost task of the legal team. The quality of an efficient legal team can be determined by their past record. It can reveal a lot about their ability and skill to offer customized results to their clients.

The possibilities are numerous in law. Ranging from everyday issues to more complicated business situations can be determined by the law. But how will it be resolved and in which capacity? The observation of the different situation and the related awareness of different sensitivities that surround a specific legal situation must be closely studied. Who will carry out the aforementioned activities for you? Your legal advisor and how far the positive outcomes can be established is a matter of observation. As legal advisor and advocates are expert in legal matters therefore they will establish the pragmatic parameters for your legal case to fortify your claim in dealing with varying situations. Relive the realities of life with the support of a professional legal team. In life many situations are uncalled for; you need to make necessary adjustments to shun away unnecessary circumstances.

What a Medical Review Officer Can Do for You

When you require drug testing of your employees, it can be beneficial to work with a medical review officer. You want to keep the process as simple as possible. You also want to make sure that you have a fully working drug testing program in place. This will make it easier for you to stay up-to-date on all testing, whether it is being done prior to offering a job, or randomly while person is working for you.

Conducting the Drug Test

You want to make sure that your tests are conducted properly. This can be done pre-employment, as well as on-the-job. Either way, you want to ensure that everything has been conducted in a way that the results cannot be questioned. This includes eliminating any possibilities that a person could potentially cheat on their drug test. Allowing a medical review officer to take control of the program will help with testing.

Maintaining Records

Records need to be maintained on all employees. This includes when they were tested, how they were tested, and the results of the tests. Particularly when random drug testing is happening, you want to be sure that every employee is being tested throughout the year. You should be able to have access to the electronic data, as should the officer.

Following Chain of Custody

There is going to be a chain of custody to follow when drug testing is conducted. This is becausT. If there has been a positive test, the results may also need to be shared with law enforcement.e the employee will need to be tested, and the test results need to go to the lab. From there, the results will go from the lab to the officer. The officer will then share the results with the employer, and potentially with various other organizations, such as the DO

Providing Consultation

In the event that you have an employee that fails a drug test, there is going to be various things that need to take place. This can include various consultations involving prescription use, abuse, and monitoring. Much of it will depend upon the type of drug that a person has tested positive for.
Regardless of what you have going on, you need to focus on your operations. You don’t have time to do all of the drug testing. Further, it is best for third-party administrator to handle this. This will ensure that you are following all rules and regulations. It can provide you with the assistance that you need on all levels.

The process can be as easy or as hard as you make it out to be. Medical review officer’s job is to make it easier so that you can be confident that the drug testing program is solid.

5 Things to Consider While Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you’ve been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

The Top Business Lawyers Mean Business

The law also protects consumers from business monopolies, malpractices, price fixing, and other issues.

As a business owner, you need to know about the laws regarding your business type, whether it is a small venture, a franchise, a partnership, or a corporation. There exist several legal considerations. The choices you make while setting up a business influence your business management, operations, finances, taxes, profits, and liabilities in the long run.

The importance of hiring business lawyers

Business lawyers know business laws inside out. They can help you right from the day you have a “blueprint” of your business plan to the day your business roars in the market… and even afterwards.

They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law

A competent business attorney helps you give a picture of business law which would be clear as a crystal. He or she will explain the tax implications, business responsibility, and benefits of each kind of entity. This aids you in setting up an entity that benefits you, your employees, shareholders, and consumers.

Business lawyers harbor meaningful connections with important sources in the business community. Their objective is to promote a healthy business community that features continuous growth.

Of course, you can set up a business on your own, but you still need a lawyer. Only lawyers can give you legal advice. They are authorized and capable of doing so.

A partially-trained lawyer or a layman who claims to know the law may give you poor advice. They are not as acclimatized with legal situations as competent lawyers are. Qualified business lawyers are recognized by the Court of Appeals, which is the highest court of the state. They abide by a code of conduct and display sheer professionalism when handling cases. They are always updated about the changes in laws.

A reputable business lawyer has the legal expertise to interpret law for their clients and represent their interests in the courtroom and outside. You can benefit a lot from hiring such a lawyer. In other words, he or she can make things easier for you in the legal world.

Thanks to reputable law firms going online, it is easy to contact the best lawyer in town. You can schedule an initial consultation with him or her. You can discuss with them about your dream venture. It is time to put your idea on legal papers and out in the market.

Limits of Human Laws

The evolution of man necessitates that he form communities where he can live in relation with his neighbors. And since human beings are of varied in nature, it became pertinent that each community must organize itself to take care of both the weak and strong, and therefore a legal system gradually evolved in each society based on the spiritual maturity of the people. But the more mankind fell from grace, the more removed the laws became from natural laws that govern all creation. Thus it is that these laws became so different from one community to the other, that what is unlawful in one country may be accepted in the next country.

This was possible because man, in his evolution, succumbed to the Lucifer principle of letting himself go, where they try to accommodate their weakness in their mundane laws. But in actual sense, there ought to be one law in existence, the law of nature, which, if all people chose to follow it, could manifest differently in different parts of the world based on the spiritual maturity of the people involved. But the intellect insists on discrepancy in the legal system, where arbitrariness rules. For example, the natural laws insist that whatever a man sows, that shall he reap. This the legal system ought to have followed up in their administration of justice, but it is not so. This is partly their fault and partly not their fault.

Take an example. A man commits murder. He is arrested and brought to court. Every evidence, real and circumstantial, points to his guilt. The judge has no option than to find him guilty and sentence him to death. But in actual sense, the Judge does not have all the facts. For one, the murderer is only an executor and not the originator. All over the world, far away from the seat of justice, people who have experienced similar issues like the ones that provoked the murderer may have wished their victims murdered silently. All these wishes rises up as thoughts to a power center where they are intensified. The murderer happens to be the person who was just in a position to execute his own action. So he drew strength from the power center and physically carried out the deed.Every other person involved in the thought are also guilty. But because we believe that thoughts are free, they cannot be tried. But in the eyes of Natural laws-some would say eyes of the Creator, it is one and the same-they are guilty and must reap what they have sown according to the Law of sowing and reaping.

4 Easy Steps to Value an Estate

When someone passes away, if they left a Will they will have nominated an executor (if they didn’t leave a Will the next of kin will be able to deal with the estate). It is the executor’s job to sort out the assets and liabilities of the deceased. In a nutshell, this means getting in the assets and paying/discharging the liabilities.

But before you can do this you will need to value the estate. This means valuing any money, property, and possessions belonging to the person who has passed away. This valuation will be used to determine if inheritance tax needs to be paid or not. In this article, we will be outlining the four steps you need to take to value an estate.

Step One

Get the details.

To work out the value of the estate, you will need details of all assets e.g. bank accounts, savings accounts, property, etc. You will need details of all debts e.g. utility bills, loan repayments, mortgages, etc. and all significant gifts they gave away in the last seven years before they died. This means you will have to write to the asset holders and ask them for the value of the asset at the date of death. You are trying to ascertain the value of the estate at the date the deceased person passed away. This is an important point as some assets will increase in value, e.g., a bank account gaining interest.

Money in a joint bank account or owned jointly will automatically pass to the other owner or owners, half of the money will need to be added into the calculation for the estate.

Tip: To value non-monetary assets (cars, antiques, etc.) it is recommended that you use a professional valuer if the asset is worth more than £500.00. If the deceased left a lot of belongings such as furniture, jewellery, etc. you can hire a professional valuer who will value everything at once and provide you with a succinct report.

Tip: You will need to get three valuations of any houses from three different estate agents and then use the average to give you a figure for the property.

Step Two

Total up the assets and the debts. Add all of the assets together to reach the total asset figure and total up all of the debts to reach the total debt figure.

To find the value of the estate, you will need to subtract the debts from the assets. Take the total debt figure away from the total asset figure to be left with the final value of the estate.

Assets – Debts = Estate value.

If the estate value is over £325,000.00 then usually you will need to pay inheritance tax. For more information on when and how to pay inheritance tax.

Step Three

Regardless of whether or not you need to pay inheritance tax if you need a grant of representation you should fill out the right inheritance tax form. This needs to be completed to obtain the Grant.

If there is no inheritance tax to pay, but you need a grant, then you need to fill out form IHT205. If there is any tax to pay you will need form IHT400.

Step Four

Send in the forms when you apply for the grant of representation. You should send your application to your local Probate Registry.

Conclusion

As you can see, there are four simple steps to follow to value an estate. However, just because the steps are simple does not mean the process will be easy.

5 Easy Steps To Obtain a Grant of Probate

When disposing of an estate, you will sometimes need to obtain a document called a Grant of Probate, or, depending on the situation Letters of Administration. If needed, this document is an official statement to asset and debt holders, informing them that you are the executor in charge of distributing the assets and paying off the debts. It allows them to communicate with you, safe in the knowledge that they are resolving the estate with the designated representative.

You will need to apply for, and obtain a Grant if the value of the deceased’s estate exceeds £5,000.00 or if there is property, such as a house, to dispose of. Banks, building societies and other asset holders can, at their discretion, ask to see a Grant regardless of the value of the asset they hold.

That being said, you are unlikely to need a grant if the estate is passing to a surviving spouse, or if the assets are held in joint names and are passing to the joint owner.

Once you have established whether or not you need to obtain a Grant, you will need to follow the below steps to successfully obtain the Grant.

Step One

Your first step will be to work out the value of the estate. In the simplest terms, you will do this by adding together the estate’s assets and subtracting the estate’s debts.

The asset holders will inform you of the value of each of the assets at the time of death. You need to enter these figures into the Inheritance Tax form, and this will calculate the value of the estate.

You must do this even if the Estate is below the Inheritance Tax Threshold.

Step Two

Complete an Inheritance Tax form either IHT205 or IHT400.

To know which form you need to fill out you need to understand the differences between the forms. Form IHT205 is the form that you need to fill out if there is no inheritance tax to be paid, either because the estate is too low in value or because the estate is an exempted estate.

The IHT400 is the form that is filled out when there is inheritance tax to be paid. However, there will be some situations where there is no inheritance tax to be paid, and the IHT400 will still be the form you need to fill out so you need to be careful and assess the estate in detail. if you are unsure then start filling in IHT205 and it will guide you to form IHT400 if it is needed.

If you think that there is no inheritance tax due on the estate then you should start filling out IHT205, you may soon find however that you will need to change to form IHT400.

Step Three

Complete a probatePA1 application form.

To complete this form, you will need to know the basic details of the person who has died, e.g.: their first name & surname, date of birth, date of death, and marital status. You will also need to know some more specific information e.g.: did the deceased own any assets under another name, was the deceased adopted.

You will have to fill in questions about the Will if one exists. As well as any information on any foreign held assets e.g.: did the deceased own a holiday home abroad.

Section five of this form discusses the relatives of the deceased. Section six is a section where you provide your details.

Section seven is where you provide details of any inheritance tax owed by the estate. You can get these figures from the inheritance tax forms completed at Step Two.

Section eight applies to those who are applying on behalf of someone who has been nominated as an executor but has lost capacity. You will need to provide details of the person you are applying on behalf of.

Section nine is a helpful checklist that allows you to make sure that you have completed all of the forms and enclosed all of the necessary documents. Following this checklist means that your application is far more likely to be accepted.

Step Four

Swear an oath. You can obtain an oath from the probate registry or draft one yourself, although if you choose this, then you need to be careful as an oath will only be valid in certain formats.

Swearing the oath will not take long, you will need to swear it in front of a solicitor or a local probate office, and this will cost approximately £5.00.

Step Five

Send your application to the probate registry.

You should include:

  • The probate application form PA1,
  • The Inheritance Tax form, an official copy of the death certificate,
  • The Oath,
  • The original will and three copies – and any codicils,
  • The application fee of £215 – a cheque made payable to HM Courts and Tribunals Service (there’s no fee if the estate is under £5,000.00).