Choosing an Attorney

One of the most difficult decisions, people with legal problems face, is choosing a lawyer. Many choose a lawyer based on what they read or hear in an advertisement. But remember, no ad can effectively guide you to the proper attorney.

  • You should find out if your attorney handles jury trials. If your attorney hasn’t tried a jury trial for 10 or 20 years, you may not want him to champion your cause.
  • Find out if he or she is a successful attorney. Ask what sorts of verdicts has he gotten in the last 5 to 10 years.
  • Most people are unaware that attorneys are rated by an organization known as Martindale-Hubbell.

Lawsuits are serious and oftentimes life-changing endeavors. A little research, prior to hiring an attorney, may be critical to your success.

Age Discrimination in the Workplace

In a lawsuit by an employee claiming “disparate impact,” an employer can be held liable on the basis of an employment practice that has a disproportionate and adverse effect on the prospects of a protected group. In order for the employee to be successful, the employment practice must also lack a sufficiently strong justification.

In Smith v. City of Jackson the United States Supreme Court was asked to decide whether the Age Discrimination in Employment Act (ADEA) authorizes such “disparate impact” suits against employers. The ADEA serves to protect employees who are forty years of age and older from discrimination based on their age. The disparate impact claim had long-ago been recognized under Title VII of the Civil Rights Act, which prohibits discrimination based on an individual’s status as relates to race, gender, religion or national origin. However, until the Smith opinion, the Court had not determined whether such “disparate impact” claims were allowed under the ADEA.

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How Much is My Case Worth?

Many of you probably wonder how a jury determines how much to compensate injured parties. There is no magic formula, but in an attempt to guide jurors, our Supreme Court has set forth what kinds of losses can be considered in determining adequate compensation. These include:

  1. The nature, extent and duration of injury;
  2. Reasonable expenses of medical treatment;
  3. Loss of earnings;
  4. Pain and suffering; and Loss of enjoyment of life.

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Do You Need A Living Will?

The controversy around the death of Terry Schiavo was far reaching. Congress created a bill, signed by the President into law, which allowed federal courts to hear Schiavo’s case. No matter what opinion you may have on the Terry Shiavo case, we can all agree that much of what happened could have been prevented if Terry Schiavo had drafted and signed a living will. Had Schiavo communicated her last wishes in a valid living will, or a durable power of attorney for healthcare, there would have been little grounds for the nationwide controversy.

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“I was injured at work. Now what happens?”

If you have been injured at work it is a serious situation. Aside from being concerned about whether your injury is severe or not you will also be concerned with what your employer will do when it finds out you were injured. Will you be treated fairly and allowed to get medical care from a doctor of your choice? Will you be told not to do anything and see if the injury goes away? Will you be threatened with losing your job?

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