Choosing a Medical Malpractice Attorney – How to Decide

There is a commercial on the radio which suggests you should not buy a house from a cabdriver who happens to take you past the house. The premise, of course, is that the cabdriver has little or no knowledge of the home or of you. The obvious truth of this simple message extends to almost every facet of our lives. Very few of us would hire someone for something as important as being a babysitter for our children or as relatively mundane as repairing our car without being sure that the person we hire knows what they are doing and has some positive track record that we can rely upon. With that basic premise in mind, I find myself consistently surprised at how often a person will hire an attorney to handle a medical malpractice case (as well as many other types of cases) without knowing who the attorney is; what experience they may have in the field; what their record of success in the field may be; or, where they stand in the eyes of their peers and adversaries.When a person is injured from medical malpractice, a lawsuit against a doctor or health care provider is usually the furthest thing from his or her mind. Concerns about one’s health; one’s ability to keep working and providing for a family; and, the ability to regain one’s place as a productive member of society are among the far more pressing issues. It is typically not until these concerns have been dealt with or accepted that people even consider whether malpractice might have occurred. Unfortunately, the realization that one’s life altering injury may have been preventable often adds to the difficulty of the situation.It is within this emotionally charged and upsetting context that the search for a medical malpractice attorney typically begins. Of course, most people do not know which attorneys concentrate their practice in a specific area or which attorneys happen to focus their practice on the highly technical and difficult field of medical malpractice. Most attorney advertising suggests that the attorney who paid for the ad is an expert in every area of the law including medical malpractice. With the personal stresses and without any way to separate out which attorneys truly know how to handle a medical malpractice case, many people will hire the wrong lawyer.A further part of the difficulty an injured person deals with when he or she considers a lawsuit is the perceived role of lawsuits in today’s society. Lawsuits are not and should not be about a “quick buck” or holding a company up for a “pay day”. The civil justice system is about accountability – about placing blame where it belongs. It is about making sure that those injured are compensated for that which they can never get back. It is about making sure that the individual, regardless of his or her financial or societal status, has the same rights as the rich and powerful. It is about assuring society that we are all equal.Not every wrong can or should be the basis of a lawsuit. There are, however, many valid reasons to bring a lawsuit. Obviously, the simplest reason is to right a wrong. There is also great benefit to others in our community and our society as a whole in that meritorious lawsuits deter similar conduct. Unfortunately, the role of lawsuits in society has been damaged considerably by media attention of a handful of lawsuits, some of which were portrayed inaccurately to fit an agenda and some of which were portrayed correctly but should never have been brought. The end result is that, for a great number of people, lawsuits are nearly the definition of what is wrong with our society today. Critics of our judicial system depict our courts as out of control, attorneys as greedy and lawsuits as damaging to the economy and society as a whole.Obviously, these are positions taken to drive an agenda. These critics do not address the accountability and equality a lawsuit can provide. They do not account for the positive societal changes the courts have engendered. They do not account for workplaces and products having been made safer by the effects of a lawsuit. They do not account for the millions of people who have been restored some of the ill-gotten gains fleeced by stockbrokers and corporations. They do not account for the many people who do not need to resort to public assistance for their health needs because a lawsuit has provided sufficient financial resources. In short, they do not account for any of the benefits to society of a lawsuit. Rather, they focus on some examples of ill-conceived or poorly prosecuted cases as representative of our system as a whole.Take a moment to consider who drives these agendas: insurance companies; big business; negligent doctors and others. We must consider, before we accept their agenda, whether they have our best interests at heart or whether their agenda is designed to avoid accountability and increase profits. There are many questions a person must ask themselves before they even consider whether to bring a lawsuit. The most important of those questions, however, is why, over the course of centuries, wars have been waged and governments toppled by people demanding the equality and justice guaranteed by our courts?A lawsuit is not appropriate in every instance but the decision to pursue this right should be an individual decision about what, under the circumstances, is right for an injured person and his or her family. The doctor whose mistake puts a child in a wheelchair for life or a young wife and mother in an early grave does not have to live with the family he or she has destroyed. The CEO whose decision to increase profit through the use of a toxic additive does not have to live in the town poisoned by that product. The insurance company accountant who refuses to pay for treatment to a seriously ill person who paid for that coverage does not have to watch the person die because they did not receive the treatment. These individuals do not have to live with the ramifications of their decisions and actions and their agenda to avoid responsibility should not drive the injured person’s decision to bring a lawsuit or not.Additionally, those injured by medical negligence often consider the personal and societal impact occasioned by prosecuting a suit. Not infrequently, the injured party or their family personally likes the physician suspecting of doing them harm. Even more frequently, a person injured by a medical professional is made to feel that a lawsuit against that doctor will cause the doctor to leave practice or move to another state. These feelings are generated by a well orchestrated and well financed campaign by the medical lobby. The clearly intended purpose of their message is to prevent lawsuits through guilt and fear.It has been well documented that, not only does New York have one of the highest population of doctors in the country, but more than 50% of malpractice is caused by less than 5% of our doctors. Unfortunately, in most instances, it is the doctors who make up the 5% that orchestrate the media and political spin of the medical lobby. Rather than focusing their attention on improving the quality of care or increasing medical reimbursement rates by HMO’s and the government, which would benefit all doctors and, in large part, all of society, their attention is focused on stopping those most seriously injured from seeking redress in court. Not surprisingly, such an impact only serves to aid those doctors who commit malpractice and, by and large, damages society.Once again, the decision to bring a lawsuit must be made on an individual basis. The fact that a physician, while maybe not a friend, was kindly or soft spoken as they committed an act of malpractice may be a driving factor in an individual decision. The ultimate question for the individual making the decision on whether to pursue a case against a doctor with a nice personality or demeanor is whether the wrong which was committed, although clearly unintended, is one which we would want repeated. The medical profession, by and large, does not discipline negligence. As such, the only opportunity to prevent a physician from continuing an unsafe practice or procedure is through the courts. Whether one is making this decision for oneself, a parent or a child, the issue is less about who we like and more about whether we would be comfortable knowing that someone else’s child or loved one has become injured because we allowed a tailored, politically driven, highly financed and, ultimately false story about doctors leaving the state deter us from the societal good of preventing bad medicine.Having made the decision to pursue a potential lawsuit, an injured party must consider which attorney will prosecute the case on their behalf. As discussed above, choosing the right attorney should involve determining the person best suited to winning the lawsuit. Too often, the decision is made on the wrong criteria. The doctors, hospitals, insurance companies and corporate wrongdoers who have caused the injury in the first place have spent considerable time and effort to convince those injured through their negligence that all attorneys can handle any case with the same relative level of skill. They know that a lack of understanding, experience or knowledge by the attorney representing a person injured by negligence, even early in an investigation, can severely damage the ability of that attorney to successfully resolve even the most meritorious case. The standing of attorneys in society, which is generally self-inflicted, has led us to a place where an injured person frequently hires the first attorney they see; a relative; a friend; or, the guy who advertises on the television and radio. While some may be qualified to handle a malpractice case, the reality is that most will not. Needless to say, the generally poor results generated when an unqualified attorney handles a complex malpractice case, exacerbates the poor standing of attorneys in society and the willingness of litigants to feel that any attorney will do. The reality is that not all attorneys are capable of handling medical malpractice cases which are, by their very nature, complicated and difficult.When making a decision as to who will represent you, your child or your loved one, the decision needs to be based on the same criteria you would rely upon for any other difficult decision. Does the attorney have experience with this type of case? How has this attorney and his or her firm performed on other malpractice cases? What is the standing of the attorney in the community as a whole and in the smaller community of malpractice attorneys? What does the attorneys peers say about him or her? What does the attorneys adversaries say about him or her? How do you interact with the attorney? Is he or she someone you feel you can trust? Does the attorney understand the intricacies of medicine and the law as it surrounds your case? Were you directed to this attorney by someone with your best interests at heart or by an advertisement or person with their own agenda or profit motive? In short, is this person the very best person in the field to properly, professionally and successfully prosecute this case for you, your child, your parent or other loved one?The insurance companies and corporate America have carefully vetted the attorneys who want to work for them defending the lawsuits brought by people injured by their negligence. They only hire the very best attorneys with the skills to be successful, the knowledge of their subject and the experience to maximize the results for their clients. Before you hire an attorney to represent you in a complex case, you should do the same. It can be overwhelming and it can be difficult to work through the various candidates. However, the decision as to which attorney to hire is too important to leave to chance.

How Do People Select Rhode Island Divorce Attorneys to Interview?

Let’s face it. Rhode Island lawyers and lawyers in general are officers of the court. We’re supposed to be servants of the public. Yet at the same same we’re independent practitioners and we we’ve got a job to do and money to bring in through our private practice or we don’t survive.It’s no wonder Rhode Island Lawyers are viewed with skepticism and even cynicism, especially when it’s time to hire one and you’re not sure who to hire or what to do. Here you are, you have a legal issue that needs to be addressed and you take the time to try to identify an attorney who will meet your needs.It’s easy for questions to surface as to whether the attorney you’re interviewing is looking out for your best interests or simply looking out for his or her own interests and making some money to put food on his or her own table. It is, in fact, appropriate for you to question the attorney’s motives. The best time to do that is at the time you interview the attorney.You should know that when you set up an appointment to see an attorney, YOU are interviewing the attorney just as much as the attorney is interviewing YOU.So how do people generally go about choosing an attorney?1) A referral from a friend or family member. This is a good source of referrals for the attorney, but is the attorney right for YOU? What did the attorney do for that friend or family member who made the referral? Did the attorney settle a personal injury case? That’s not going to do you much good if you need someone for a family law matter. If your referral isn’t to an attorney that regularly practices in the area of law you need and it isn’t from a person who used those same type of family law services then the referral is “empty”, in other words a referral should be better than just hunting around in the yellow pages. It should provide some valuable reassurance that the attorney you’ve been referred to, can and has already provided valuable an competent services to the person who is making the referral to you, and that those services are in the area of law that you need help with. Without that criteria, the referral is “Empty”.2) An advertisement in the yellow pages.This is of course an even less effective way to select a suitable lawyer to interview than the referral from a friend or family member who did not use the attorney for the same type of legal services that you are in need of. When you just select attorneys out of the yellow pages you will most likely do like everyone else does. You select the attorney based on the advertisement itself, particularly its size and its wording. Unfortunately neither of these are indicators that the attorney is competent or will serve you well in the area of law you are in need of. Imagine that you are in need of a divorce attorney and you select the attorney’s advertisement that is the largest and includes the words “Estates”, “Personal Injury Cases”, and Divorces, etc… with 15 years in practice”.First, that advertisement probably cost quite a bit since even small advertisements in the yellow pages run $3,000 to $5,000 a year. From there you can take a guess who has to pay for just that single marketing ad. That’s right…that attorney’s clients. You can almost certainly plan to pay more for an attorney with a decent sized yellow page ad. Conversely, that attorney might be worth it if you select just the right one.Second, the “15 years in practice” tells you one of two things. Either that you are going to pay more for those years of experience or that he has been doing “something” law-related for 15 years. I know attorneys who have been in practice for 20 years and have handled perhaps 10 divorces in that amount of time. By the same token the advertisement above wouldn’t seem as impressive if you knew that the attorney only handled 4 divorces within his 15 years of practice. That might not want to be the attorney you want to represent you if you need a Rhode Island Divorce attorney and complex divorce issues regarding pensions, alimony and tax consequences on the sale of a home come into play.3) Search for the kind of Rhode Island lawyer you want on the internet. This is becoming more and more the method of searching for attorneys in the technoliterate sector of society. Those who choose this method of searching can go to Google.com or another search site of their choice and type in the various terms they want to search on. Searchers can also vary their search terms if the results do not suit them. The main benefit to searching the internet to find Rhode Island attorneys to interview is the third party nature of the ranking system. In a search system such as Google.com, the primary listings are ranked by criteria that are not controlled by attorney. It is Google’s system that analyzes the attorney’s websites and/or pages and determines from there whether the attorney’s website matches the criteria you are looking for. In this way you are getting an unbiased selection of attorney websites to review.Secondarily, if you are searching on the internet for an attorney, you will know if the attorney has a website or not. This will at least give you some indication that the attorney has kept up with technology. If he or she has done so then if it is important to be able to communicate with your attorney by email this may be a factor in your decision to interview that particular attorney. The information on the website of the attorney is also likely to be the most focused regarding what his or her primary practice areas. In some instances the attorney’s website will provide the most valuable information about the attorney in order to decide which attorneys to interview.

5 Signs You May Need a Medical Billing Advocate

1. Do you have denied claims that you would like the insurance company to reconsider; yet you are unsure how to appeal the claims?
2. Are you or a family member chronically ill and overwhelmed with sorting through a multitude of bills and insurance paperwork?
3. Do you have elderly parents that need help with their Medicare Supplement and Part D coverage decisions, and you don’t know how to advise them?
4. Have you recently incurred large medical expenses and you are uninsured and don’t know where to turn or what to do?
5. Do you suspect that your medical bills contain overcharges and inaccuracies but you don’t know what to do?If you answered yes to even one of these questions, consulting with a medical billing advocate is highly recommended. Medical Billing Advocacy of the Rockies provides a free initial consultation to review the facts of your individual situation and will determine whether you have a case, and/or determine what assistance or recommendations they can provide.”After spending 10 years in the health insurance field working for a major health insurance company, I saw a critical need for this service. Learning and dissecting the healthcare jargon and codes is not something the general population can do, nor has the time to do”, says Holly Knapp, President of Medical Billing Advocacy of the Rockies, LLC. Medical Billing Advocacy of the Rockies located in Loveland, Colorado.According to Ms. Knapp, some of the common questions from her clients are:”How can I tell if my medical bills are correct”How do I know if my insurance company has paid everything they should?””How do I know that I am paying what I truly owe? “The job of a medical billing advocate is to sort out the facts, review itemized doctor and hospital bills, insurance benefit statements, and medical records. “This comprehensive review helps you get fair treatment in a complex and confusing health care system and assures you of a true and accurate bill”, according to Ms. Knapp. Ms. Knapp advocates on behalf of her clients to get them the benefits they deserve, as she resolve billing errors, eliminate overcharges, and negotiate bill reductions.Medical billing advocates are experienced in helping chronically ill individuals and/or families caring for a chronically ill child, or spouse. According to Ms. Knapp, “When families are dealing with significant health issues, the burden of fighting with insurance companies and health care providers to make sure bills are correct, and properly processed by the insurance company is one more stress they don’t need to deal with at a very difficult time in their lives. A billing advocate can step in to manage the process, and allow you to focus on caring for your loved ones.”In addition, for seniors who are confused by the complexity of Medicare supplement policies and Medicare Part D drug plans, medical billing advocates who specializes in this area can provide advice and enrollment assistance in a plan that will provide the greatest benefit at the lowest cost.A recent article published by CBS News, Slash Your Medical Bill; 7 Ways to Haggle offers tips for consumers in how to find medical pricing data for planned medical procedures and then use this information to effectively negotiate with care providers before receiving services. They also offer tips on the best methods to reduce bills for medical services you have already received. An empowered consumer, armed with accurate medical price data, can negotiate on their own behalf to get substantial medical cost savings from both physicians and hospitals.Holly Knapp is a member of a national organization of medical billing advocates – Medical Billing Advocates of America (MBAA). Advocates come from a variety of backgrounds: health insurance, nurses, lawyers, certified medical coders, and health care administrators. Members support each other in their common goal of a fair and true medical bill, by sharing knowledge and skills as they work together on difficult cases.

Attorney’s Fees – How to Avoid Large Legal Bills

Most attorneys make a good living and they do so by charging attorney’s fees. This begs the question, what exactly are attorney’s fees and what should I know about attorney’s fees before I hire a lawyer? This article describes the different types of attorney’s fees and provides a number of tips for determining which type of attorney fee is best for you.
A Few Minutes at a Time: The Hourly Attorneys Fee

Most attorneys charge hourly rates. Hourly rates are usually calculated by tracking hours in one, six, or ten minute increments. Some attorneys may even use hour increments. The rate attorneys charge per hour varies greatly based on the location of the attorney, the type of work to be performed, and the time required. It is not uncommon for specialized attorneys to charge in excess of $600 per hour. Most attorneys charge an hourly rate closer to $300 per hour.

While hiring an attorney who charges higher hourly rates may sound ludicrous, clients should understand that a specialist may be able to perform work much faster than a non-specialist. This is especially true if the non-specialist will have to bill a significant amount of hours to get up to speed on a legal matter.

One Successful Legal Issue at a Time: The Contingent Attorneys Fee

Contingent attorney’s fees are also common. These fees are based on the success of the attorney in the legal matter. They are usually calculated using a set percentage. For example, a personal injury attorney may charge a contingency fee equal to 40 percent of any lawsuit recovery. These fees can routinely range from 30 to 60 percent.

Contingency fees may encourage the attorney to use his best efforts to resolve the matter. If they extend to settlements reached before the lawsuit ends, contingency fees may also encourage the attorney to settle the matter for any amount in the beginning of the case. In this case the attorney will have performed little work and in exchange for earning a fee – albeit a smaller fee that he may have earned for putting in more effort.

One Legal Issue Regardless of Outcome: The Flat Attorneys Fee
Flat fees are less common for attorneys. These fees consist of specified payment or payments denominated in a dollar amount. These fees can vary significantly, but they should relate to the attorney’s estimation of how much time the case will take plus a profit component. Thus, a matter that will probably take ten hours for an attorney whose hourly rate is $300 per hour, might be offered by the attorney at $3,500.Flat fees can help clients budget for legal costs, but they do have some drawbacks. Because they are not tied to the outcome of the case, the attorney may end up working faster and not smarter. Also, the attorney may be tempted to compartmentalize the job and charge a separate flat fee for each component. This can end up costing the client more than the contingent or hourly attorney fees they would have otherwise paid.ConclusionClients should consider these options in deciding which attorney to hire. Ultimately, it is up to the client to negotiate an attorney fee payment arrangement that they are comfortable with. Most attorneys will be receptive to this type of negotiation.

Working With a Lawyer – Part 2

Please refer to Part-1 of this 2-part article to read about the role of your lawyer and why it is important to have a strong lawyer-client working relationship with your attorney.The following points will add to developing a strong work relationship with your lawyer and lead you to more successful results in your lawsuit.First and Foremost, Give Your Lawyer the Whole Story – As soon as you hire your lawyer, tell him or her everything that is related to your case and provide him or her with every relevant document, even those facts and details that you think are damaging to your case. Lawyers have been trained to sift and sort through the information you provide and determine what information is useful for your case and what isn’t. Every fact and detail could be crucial to your case. Facts which may not seem important to you may have serious legal consequences. Your lawyer might be able to use a fact or a document you thought was unimportant as the basis for a creative legal argument. And if something might harm your case, your lawyer will have plenty of time to prepare defensive maneuvers.Respond Promptly – This factor alone will certainly damage the relationship between you and your lawyer and almost always hurt your case – that is if your response is of an irresponsible nature. Lawyers often have to work under very tight deadlines. Your prompt response to your lawyer’s requests will insure those deadlines are met and your case is flowing smoothly. Your prompt response will also give your lawyer enough time to go over your information and better prepare his or her next step. If you are not able to respond quickly for one reason or another, let your lawyer know immediately. Your lawyer might be able to get an extension of time from your opponent or the court, or rearrange other matters to accommodate the delay.Cooperation – During the course of your case, your lawyer will ask you for particular documents or certain facts relevant to your lawsuit. Instead of making your lawyer hunt down those details, remember that you’re the one who is undertaking this legal action. In most instances you have much easier access to the information relevant to your case than any one else. By cooperating with your lawyer in gathering the important details for winning your case, you will not only help your situation, but have your lawyer spend less time, which will reduce your legal cost.At a beginning of a lawsuit, your lawyer may ask you to write down a summary of events leading up to the lawsuit. Make sure that what you write is extremely accurate – only known facts. Your lawyer will base your claims and defenses on this information.Preparedness – Always remember that your attorney’s time is your money. Better prepared you are, less money your legal matter will cost you. When you meet with your lawyer, have with you already prepared written summary or detailed notes outlining your problem or questions; bring copies of all documents, letters and other correspondence relating to your case. Also, provide your lawyer with a list of all names, addresses, and telephone numbers of persons involved in the case. This will avoid unnecessary delays. Be as brief as possible in all interviews with your lawyer, and stick to business. At the rate that you are charged for calls and conferences, socializing gets very expensive.Keep Your Lawyer Informed – Your lawyer can work only with the information that you provide him or her with. Failure to keep your lawyer updated with information about any new developments relevant to your case can be disastrous to your final outcome. Tell your lawyer immediately of changes or new information that might affect your case. On the same note, holding back information can as well prevent your lawyer from obtaining your desired results. That’s why it is very important for you to be truthful and complete about the facts of your situation.Keep Your Schedule Flexible – There are certain legal events in which you must participate. Very often these events are scheduled weeks or even months in advance. Most of these events can be rescheduled to accommodate your schedule only if your lawyer knows in advance. But, be prepared to change your plans if you must because sometimes a judge may insist on holding the scheduled meeting whether your schedule permits or not.Various Other Points- Take your lawyer’s legal advice seriously. When an attorney gives legal advice, the attorney may be liable for malpractice if the advice is wrong. For that reason attorneys are hesitant to give legal advice and expose themselves to liability without first checking the most current legal facts. And that takes time. That’s why they charge a fee for legal advice because they give you facts and not an opinion. So when your lawyer gives you legal advice relevant to your legal issue, you better follow up on it because it’s a real deal.- Many legal problems cannot be explained simply. We live in a complex society with an extremely complex legal system. So if you don’t understand something that your lawyer says, don’t just take it as is – ask for an explanation. Maybe you need to ask your lawyer to explain it with a non-legal jargon.- Respect your attorney’s time. Avoid phoning repeatedly about every single question that comes on your mind. First of all you will pay for the time spent on the phone. Second, your lawyer has other clients who require attention too. So, it would be in your best interest and is usually more cost-effective to ask several questions at a time, rather than calling each time a question arises. By all means, do not wait to call your lawyer if your question is so important that it will affect your case significantly.- Avoid legal debate. If you sometimes feel that your lawyer is not quite handling your legal issue the way you think he or she is suppose to, try to first gain an understanding by asking your lawyer questions about his or her course of action instead of directly engaging into a debate. But if you really must engage into a debate because you’re certain that you know it better, check the facts before you start the discussion. You don’t want to embarrass yourself when your lawyer proves you wrong. Lawyers have extensive legal training. Their actions sometimes may seem weird to you but they may be just the right move for obtaining positive results for your legal issue.- Respect your lawyer’s pride. One common characteristic amongst all lawyers is their strong pride. That comes with their profession. Sometimes it may feel that this pride borders on arrogance or egotism. Maybe so. But, so what? Actually, this feature may win your case. It gives lawyers more confidence even if they lack the experience. So, treat your lawyer with respect and he or she will do more than their very best to get you your desired results.- Your lawyer is a professional. As such, address your lawyer in a professional way in your communication, whether written or oral. You’ll get much better results. For an example, which of these two sentences do you think would get you better response by your lawyer? “We need to talk right now because my case is not moving the way I want and I want to see what you’re doing wrong” – or – “I would appreciate if we could schedule 30 minutes of your time to discuss the current developments of my case.” You get the point.- Communicate your goals very clearly. Tell your lawyer exactly what your expectations are from your legal matter. If you deliver unclear picture to your lawyer, he or she wouldn’t know how to set the “Theory of the Case.” This is the first and most important step that will support every step of the trial. Your lawyer needs to know exactly what your case is truly about and establish your final objective accordingly.- Be on time for appointments, whether in court or for anything related to your case.- Be patient and understand that legal problems require time and research.- Respond promptly to your lawyer’s requests and phone calls.- And of course, pay your legal fees promptly as agreed in the fee arrangement you made.Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

Find a Federal Criminal Defense Lawyer – How to Make the Right Choice

When you are either investigated for a federal crime or charged with a federal crime, you need a lawyer that understands federal criminal law. Not all criminal lawyers are prepared to defend you in a federal criminal case. The United States Attorney only pursues the most serious crimes, such as drug crimes, sex crimes, interstate fraud, kidnapping murder, RICO, and gun crimes. In addition, the federal sentencing guidelines are much harsher than most state sentencing guidelines. There is no parole in the federal system. Although there is time off for good behavior, it is not substantial and you can expect to serve virtually your entire sentence. This is why it is critical that you hire a federal criminal defense lawyer who knows the federal criminal system.When you hire a qualified federal criminal defense lawyer, there are several things that he should do immediately. First, he should determine the progress of the case. If you are under investigation and have not been charged yet, then it is still possible to avoid a criminal charge. If you have been charged, your lawyer should be prepared to start the case immediately and begin discovery.The second, and probably the most important step, for a qualified lawyer is to determine the possible sentence. This is more than just looking at the statute. A qualified lawyer will also look at your criminal history and determine whether there are any mitigating factors that could shorten a possible sentence or any aggravating factors that could increase your sentence. This is absolutely critical, because it is the cornerstone of an effective federal criminal defense. In order to create an effective case strategy, your lawyer must be able to predict where you will fall in the federal sentencing guidelines. This is because the US Attorney’s Office has a very high win rate at trial. Your lawyer should base the case strategies against the risks you face in the case. If you lawyer understands the federal sentencing guidelines, then he can tell you the pros and cons of various strategies measured against the risks in the case.Third, do not pick a lawyer that is afraid to go to trial, but you also don’t want a lawyer who claims to always go to trial. A lawyer who is afraid to go to trial will not be able to stand up for your and protect your rights, which is exactly what you want a lawyer from a lawyer in a federal criminal case.  A lawyer who says he always goes to trial is putting you at risk, particularly if you are looking at a high end sentence under the federal guidelines.  The bottom line is that you want a lawyer who can either get you a dramatic sentence reduction or who can fight for you in front of the judge and jury. If a lawyer cannot do both things for you, then that lawyer is putting you at risk of doing much more time in federal prison that you have to do.Fourth and finally, pick a lawyer that you can work with for several months or years. Federal criminal cases can last a very long time. If you pick a lawyer that you do not trust or who you cannot work with, it could hurt your case. If you decide to change lawyers, you will most likely have to get the court’s permission. When the court gives you permission, your new lawyer has to get up to speed on your case quickly and be ready to respond to the prosecution almost immediately. Make sure you make a good choice the first time you hire a lawyer, and then stick with that lawyer. The other part of this is that you do not want to shop for a lawyer based on price. You should be cautious about a lawyer who offers a cut rate, because that lawyer may never intend to go to trial or may not be qualified enough to command the usual rate for federal criminal defense lawyers. Your future is riding on your lawyer, now is not the time to skimp.Right now, you need to do whatever it takes to get the best possible  federal criminal defense lawyer. It is stressful when you are under a federal investigation or have been charged with a federal crime, but a qualified federal criminal defense lawyer can help. Your lawyer can take some of that stress off of you, he can tell you what your options are, he can explain the risks, and he can fight for you every step of the way.

Parents As Child Advocates – How to Become a Strong Advocate For Your Children

One afternoon your daughter comes home from her third grade class and gives you a note from her teacher requesting a conference. You immediately feel blood rush to your head as you ask your daughter if she did anything wrong. When you talk to the teacher over the phone, you get a friendly reception and the assurance that the conference is about something positive. While sitting in a tiny school room chair the next day, you learn from the teacher that your daughter shows advanced ability in math and you discuss how her talent can be developed.Back at home, your mind starts planning next steps but you quickly run into a roadblock. Your daughter tells you that she does not want other kids to know she is good at math because they might not like her if she appears too smart. You scratch your head wondering what just happened and how you should react. This is the complex world of parents being advocates for their children’s unique talents or disabilities. Similar stories come from families with children who have learning disabilities or behavior problems. Parent advocacy can be more challenging when a child has an inefficiency in learning or behavior that requires other adults to be more sensitive, understanding and adaptive as instructors. Parents must assure that other adults and institutions provide the support their children need to be successful.As advocates, parents need to play the middle ground between two extremes: one being an inactive bystander and the other being overly controlling. This middle ground requires judgment calls about what is appropriate to assure that your children get the support they need from others. Parents begin learning how to be advocates for their children by relying on their instincts and day-to-day experiences. Some parents become highly effective advocates over time, while others cannot adapt. Over the years, parents have learned many techniques to be effective advocates for their children. They have shared their stories around kitchen tables and at bus stops. One of the most important lessons learned is how to manage the experts who instruct your children so you effectively advocate for your children’s growth, learning, and talents.How To Manage Experts Who Instruct Your ChildrenBefore the twentieth century, experts in the community where primarily crafts people and farmers. They grew or made things that people used each day to survive. As education became more available and industries moved from the industrial to information age, experts now predominately provide information and analysis. Today there is an expert around every corner who wants to diagnose, train, teach, coach and guide your children. Being an expert has become big business, especially when it comes to giving advice to parents and children.Children today receive more help from experts in more areas of their lives than anytime in history. As parents strive to help their children grow and prosper, they may need expert help in education, health, sports, and careers. However, there is one phenomena about experts that has not changed in thousands of years. Some experts want to keep their work very technical and hard for others to understand because it keeps them in control and keeps others dependent on them. This can help the expert potentially receive more admiration and money. You will know these experts when you walk away from a meeting about your child and still don’t understand the heart of the matter. You will know them when you are in a diagnostic session that is filled with jargon only the expert understands. This disconnect is two sided.First, the expert is not doing everything possible to educate and empower the parents. Second, parents are too quick to abdicate responsibility to the expert and lack the assertiveness needed to ask key questions. To help you effectively manage experts, the following are four tips you can follow. First, when you hire an expert, you are choosing both the person and the expertise. You and your children need to feel comfortable at a personal level. Assuming the expert is competent, his or her ability to relate to you and your children will have the greatest effect on your success. Second, you should ask to see an example of the end result of the experts’ work. You can ask to see sample reports, talk with other parents and children, or watch the expert in action. Look for how easy reports are to understand, and how well the expert fosters passion in children to learn. Effective experts are likely to be good communicators and empower children and parents. Third, remember that you are the expert about your children.You should assure that the expert you hire understands your opinions if needed. You can help the expert also see your child as a whole person not as a singular talent or disability. Fourth, if you have an expert assess a child, he or she should be as impartial as possible. Most experts who provide assessments have services to address specific problems and do not deliberately use an assessment to only sell follow-on services or products. However, there are some experts who do misuse assessments to convince parents that their child needs the expert’s services and will shape the assessment to sell rather than diagnose. By following these tips, you can get the most out of experts who can provide great value to your children’s growth, learning and talents.

How to Go About Selecting an Attorney For Your Case

How to Select a Personal Injury AttorneyWhile there are many factors that affect whether a client wins or loses a personal injury case, or affect the level of the settlement, selecting the right personal injury attorney makes the most difference in winning the case. So, how should one go about selecting a personal injury attorney who will get the best results, and the best settlement, for the case?Most personal injury attorneys have free consultation. You, the client, should use the consultation not only to have the attorney assess your case, but also to interview the attorney to make sure your case will get the attention it deserves. The first indication as to whether you and your case will get the attorney’s full and undivided attention is how you are treated during the free consultation. Obviously, you should expect to discuss the case with an attorney, not with a paralegal, or other members of the attorney’s staff. After all, you are not hiring a paralegal; you are hiring an attorney to understand your case, research the facts of the case, research the law and win your case for you. You want to be able to talk to the attorney first hand, not through intermediaries.Once you meet with the attorney, outline your case and answer whatever questions the attorney may have. You should then ask the following basic questions. The answers that you get should determine the level of comfort you have regarding the level of attention that the attorney will give you and your case:1. Who will be handling and researching your case. Is that person an attorney or a member of the staff?2. If your case goes to trial, will the attorney be fully involved in the litigation or would he outsource the litigation without any involvement?3. Will the attorney be your contact at the attorney’s office? If so, will he be available during office hours as well as after hours? Would he give you access to his direct telephone, including his cellular phone?It is a fact that at the offices of some personal injury attorneys, clients come in contact with paralegals and other office staff but never with an attorney. If the attorney responds that his “competent” staff will give their full attention to your case, get a clue. If the attorney is reluctant to give you his cellular number to contact him anytime you have a concern, get another clue.Many of my clients have confided in me that the reason why they have not selected other attorneys before knocking on my door was the fact that they could not talk to an attorney. They were able to talk to a paralegal or other staff, but not the attorney.If you are not able to talk to a personal injury attorney during the consultation, or if you do not feel comfortable that your case will be getting the full, undivided attention of the personal injury attorney, find another attorney. There are many good attorneys out there who are anxious to give you and your case their full, undivided attention.Ramzy Ladah
Las Vegas Personal Injury, LLC
http://www.ladahlaw.com

New Jersey Employment Lawyers

An employment lawyer works two ways. He represents the employer, as well as the employee. As an employment lawyer for the employee, the lawyer can review the employment agreement and negotiate and propose additional terms or deletions to protect the employee’s interests. He also works towards negotiating severance or retirement packages. If you believe that you have been discriminated against, treated unfairly or wrongfully terminated, an employment lawyer can guide you in your rights as an employee and your options. In addition, an employment lawyer represents you in various situations like overtime pay claims, sexual harassment in the work place, employment discrimination, and the family leave act.As an employer, you always need the services of a lawyer. Even though as an employer you might be expert in handling most of the employment matters, some issues are particularly tricky and are difficult to handle without the help of an employment lawyer. An employment lawyer keeps you updated on the rapidly changing laws, which may be difficult for you to interpret and understand on your own. An employment lawyer can quickly review and troubleshoot any employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases, and he can review an employee handbook or personnel policies to ensure legal compliance. Additionally, lawyer protect you from violating any laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few. An employment lawyer can also guide you in making difficult decisions like whether terminating a worker is legal and what steps you can take to minimize the risk of a lawsuit. Usually, an employment lawyer specializes in either representing the employee or the employer; he can’t represent both at a time.Employment laws vary from state to state, so it is always an advantage to hire an employment lawyer who is well versed and experienced in handling the employment cases in a particular state. In a state like New Jersey, where there are strict codes of ethics for both employer and the employee, the role of a business lawyer becomes all the more important. To find an employment lawyer in New Jersey, contact the state bar association and seek a referral, go through the online directory or yellow pages, or go to a lawyer recommended by your friends and relatives.

Autism Inclusion – Parents Need to Know About Raising a Self-Advocate

One of the side benefits of Autism Inclusion is our children learning to be Self-Advocates. A self advocate is someone who knows how and when to make their wants, needs, and opinions know. Parents do not realize how important this will be in the long term.Letting our children see us advocating for them as early as possible it important. Parents are the first models and teachers for their children. This is also true for children with Autism. If we want our children to be able to advocate they need to see us do it.Whether it is advocating for services or modifications in school or advocating for medical services it is important for our children to see us do it. Some children will get upset so we might need to have plans for an aide or family member to be ready to take our child out of the situation.Later in life our children will start mimicking what we do. This might be annoying when they do it with us but is critical for long term. It is also not surprising that a child with Autism would advocate with us first because we are safe.Later in life our children will be able to tell people in the world what they want or need. They will even be able to do it when they know other people do not agree if they have seen parents and others do it. When we as parents are gone this will be an important daily living skill our child will need.