Archive for April, 2009

Personal Injury Lawyers In San Jose, California

Thursday, April 23rd, 2009

When you find yourself to be a victim in an accident which is not your fault, the only way to get compensated for it in some manner would be by approaching good and efficient lawyers. Cities like San Jose are places where the number of accidents that take place on a daily basis are very high.

All accident cases need not necessarily be tried by the jury but a competent law firm would prepare the case in such a way that they would be ready for trial. Some disputes are sorted out through mediation alone. Choose a capable lawyer as he would be the best person to handle the case effectively.

There are many San Jose personal injury lawyers and Bohn & Bohn LLP is one of them. It is best to seek advice from people who have been in similar situations before selecting a lawyer. Bohn & Bohn, LLP focuses their practice on personal injury and wrongful death cases. Bohn & Bohn, LLP is based in the San Francisco Bay Area, they have successfully handled cases throughout the State of California, Santa Clara County, and areas like Los Gatos.

Bohn & Bohn, LLP represents individuals who have been injured through traffic accidents, defective products, employment discrimination, sexual harassment, elder abuse, railroad accidents, construction accidents and bad faith treatment by insurance companies. For more than 40 years Bohn & Bohn has dedicated its practice to representing people who have been injured or damaged through the fault of others. During a serious and critical point in your life, the experienced and highly effective attorneys provide you with legal advice and representation tailored to your specific personal injury.

Bohn & Bohn, LLP’s Practice Areas:

* Personal Injury/Wrongful Death
Defective Products
Traffic Accidents
Workplace Accidents
Dog Bite Injuries
* Employment Law
Sexual Harassment
Discrimination
* Insurance Bad Faith
Denial of Coverage

Bohn & Bohn, LLP has successfully prosecuted cases against the largest auto, tire and chemical manufacturers, utility companies and other defendants both large and small, recovering damages for theirs clients as high as $45 million dollars.

* Attorney Profiles
* Case Results and Press Clippings

Bohn & Bohn’s strong and friendly support staff personally answers your questions about the progress and status of your case. The dedicated professionalism of theirs staff frees up attorney time and enables the attorneys to prepare and present your case in a highly skilled and expert manner. Many clients are referred to Bohn & Bohn by former clients and by other attorneys. On occasion people who have served as jurors in the trials have later sought representation by Bohn & Bohn, LLP.

Because the cost of legal services can be a major concern at a time when you have suffered financial loss, the attorneys at Bohn & Bohn offer legal services on a Contingent Fee basis. A contingent fee is simply a percentage of the recovery, paid at the conclusion of the case. If there is no recovery, there is no fee.

If you have suffered an injury or the wrongful death of a loved one, or been the victim of employment discrimination, or insurance bad faith, contact Bohn & Bohn, Attorneys at Law of San Jose, California, to talk about the best course of action for your case.

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7 Essential Qualities For Employment Law Solicitors

Thursday, April 16th, 2009

In period of economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:

Ensure it is Affordable

It is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor’s employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not.

Risk Management Service

A good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas.

Regular Employment Meetings

You should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments.

A Risk Management Report

Following your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff.

An Employment Manual

If you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual – an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice.

Insurance Cover

Insurance cover is also important. When you’re protected by insurance cover, you’ll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to £100,000 per claim. In certain circumstances, compensation awards that you’re ordered to pay by an employment tribunal and out of court settlements agreed by insurers will also be covered.

Online Consultant Service

In this age of modern technology, it may seem like a given but some Employment Law Advisor do not necessarily offer online consultant services. By using an external consultant service you have control over exactly what HR services are delivered to you and how it is implemented.

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The Stages of Civil Litigation

Friday, April 10th, 2009

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

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Philadelphia Employment Attorney

Wednesday, April 8th, 2009

Employees are protected from unfair employment practices by several relevant laws. Employment law, also known as labor law, deals with workplace rights and responsibilities for both employees and employers.

The United States Department of Labor administers and enforces nearly 200 federal laws. State laws are specifically administered by the state governments. These laws cover all aspects of the employer/employee relationship(except the negotiation process covered under the labor law and collective bargaining). Employment law covers a very wide range of issues from the job hunt and initial contract to privacy and e-mail policies, taxes, immigration, working hours, wages, legal rights, security issues, leaves, benefits, discrimination and harassment, health and safety and separation. Also, employers have to adhere to several rules and laws.

Employment law is very complex and is continuously changing. Hence, it is better to consult a specialist or a legal advisor before considering legal action in the area of employment law.

Whether it is the employee or the employer, a legal attorney who has specialized in employment law could aptly represent any case relating to employer-employee disputes. Many claims relating to employment law have time limits or deadlines known as “statutes of limitations”. Therefore, it is better to file a claim as soon as possible.

From the employer’s side, most claims are handled by legal experts in their Human Resources department. Companies also outsource a few claims to external lawyers. From the employee’s side, it is very important to choose a good employment lawyer to represent a case against an employer. There are various issues to be considered when selecting an employment lawyer. These include cost, time involved, other alternatives like arbitration or mediation, the extent of involvement required by the person, etc.

Philadelphia employment lawyers can be found through a referral service provided by Pennsylvania State Bar Association, the county bar association and other professional law associations. Information is also available in the yellow pages or through search engines like Google and Yahoo on the Internet. You can check advertisements of law firms in magazines and newspapers. Friends and family members are other sources of information, and so are co-workers.

To find an employment lawyer in Philadelphia, you can contact Nancy O’Mara Ezold, P.C. which is a suburban Philadelphia law firm. Founded in 1993 Nancy O’Mara Ezold, P.C. is dedicated to representing employees in resolving the employment claims, and representing employers in resolving the employment and business matters. Nancy O’Mara Ezold, P.C. takes great pride in the quality of the work, which has earned the firm an AV rating by Martindale-Hubbell.

Nancy O’Mara Ezold, P.C. is intimately aware of the benefits, costs and risks of bringing an employment claim. It is able to advise and represent the employment clients with respect to practical actions that can be taken to resolve their claims without bringing a lawsuit, and provide them with strong representation in court if a lawsuit is warranted.

Nancy O’Mara Ezold, P.C. has had many of the employment clients return to there to assist them in the startup of their own businesses, and with the legal issues that arise during the operation of their business. This firm understands that small and startup businesses need flexible fee arrangements, a wide range of legal services and attorneys that know their business and their industry. Through the Outside Counsel Program, Nancy O’Mara Ezold, P.C. has been able to provide a high level of service to the small and startup business clients.

Remember too that you should never employ an attorney who keeps on asking questions, and isn’t paying attention to what you want or expect. With this kind of lawyer, you can end up with costly misunderstandings, and have conflicts that will not help you win your case. So when it comes to finding the right Philadelphia employment lawyer, it is sensible that you ask over other people for references and help. But make sure that your sources are reliable ones like Nancy O’Mara Ezold, P.C. Moreover, you can search on the internet and gather sufficient information.

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