Asbestos Mesothelioma Legal Information and You?

Facts you need to know regarding asbestos mesothelioma legal information? Asbestos is classified as a naturally sourced mineral. It’s been utilised for many years for assorted reasons such as in building components, small appliances, insulating materials and vehicle components. It’s used in shipyards, manufacturing plants, railroads, industrial facilities as well as in other places. It is known as extremely resistant against deterioration and is a great insulator next to high temperature.

However, asbestos has some properties that make it harmful to any person handling it. It has been known to cause of various cancers, such as lung cancer and mesothelioma. The latter is a rare form of cancer, also known as asbestos cancer. The mesothelium is the lining of some cavities and organs. The mesothelia most affected by exposure to asbestos are those of the heart, lungs and intestines.

According to statistics, Mesothelioma kills about 3000 people annually. This kills 3% to 5% more males than ladies. This is mainly because men constitute a larger portion of the workforce than women. This cancer also has a latency period. It takes a long time to develop, sometimes even decades.

Individuals with Mesothelioma have numerous legitimate options to obtain settlement. Affected persons are encouraged to file lawsuits for compensation. There are two types of asbestos cancer lawsuits: personal injury and wrongful death. In the former, a person with mesothelioma cancer files a claim for damages, ranging from loss of wages, past and present medical expenses and pain and suffering. In the latter, survivors of a deceased victim of this cancer may file a wrongful death claim, for the premature death of their kin. The claim covers earnings, companionship, protection as well as treatment providers. In the US, regulations pertaining to these lawsuits differ from one state to another.

For many years, companies that used asbestos never educated their employees on the risks of dealing with this well-known carcinogen. Consequently, many employees contracted diseases due to overexposure, while companies got away with their negligent behavior. Today, however, things are different. Persons that worked in such companies can now file lawsuits seeking compensation, even though they no longer work there anymore. Compensations from such claims are large enough for the patient and their family as well.

In addition, the US government protects people with disabilities. Patients suffering from Mesothelioma cancer are eligible for disability compensation. They are able to secure compensation by submitting a social security disability lawsuit claim, seeking financial help. They may also pursue a similar disability claim privately with an insurance company, through their employer’s insurance policy, or an existing life insurance policy. In some instances, health insurance should provide monetary compensation to help offset some of their medical costs. In the event the insurance company declines to do so, one may file a lawsuit for unmerited insurance practice.

It is advisable to seek the services of a lawyer for asbestos mesothelioma legal information who is well acquainted with similar lawsuits and who is able to work around the legal intricacies of such cases. Victims of this disease no longer need to suffer unnecessarily as there are many legal options available to them now.

Copyright (c) 2010 Daniel K Voyles

The Work of a Commercial Lawyer

Commercial lawyers are legal professionals who specialize in helping small and large businesses. They are your most useful resource if you ever need assistance regarding legal-related matters. You can always consult with them if you have issues pertaining to properties, taxes, zoning compliance, intellectual properties, and a host of other subjects. On top of that, they are capable of defending you in case you encounter lawsuits from an employee, a business partner, or even your competition.

Competent commercial attorneys are highly knowledgeable on the laws required to protect your best interest and to help you achieve your business goals. To illustrate further, here are some examples of what commercial lawyers do and how they can be a big benefit for your business.

Help you deal with contracts.

As a business owner, you will encounter many different kinds of contracts ranging from those you sign with employees and suppliers, to contracts with partners and customers. Your contracts have to be fair for everyone involved and so you may need the advice of a commercial lawyer. In the same way, you may want to have a lawyer examine the fine details of various contracts being offered to you before affixing your signature.

Organize your business better.

For big businesses, having the right organization is crucial towards achieving long-term success. A commercial lawyer can give expert insights regarding which kind of organization will be most effective for your company’s set-up. Some of the options you can consider are corporation and limited liability company. Your attorney will help you see the pros and cons of each alternative. On top of that, all the necessary documents will be prepared to make sure that the business can run without any legal repercussions.

Acquire properties with greater ease.

Thinking of expanding by acquiring an existing business or property? The process will be so much simpler if you ask for the assistance of your lawyer. The paperwork will never be a headache for you anymore and you will get the chance to look at different angles of the deal. You will be able to avoid falling victim to any potential loopholes once a good lawyer is working side-by-side with you.

Try looking up your local phonebook to see a list of commercial lawyers in your area. Additionally, you can also use the internet to browse information straight from the official law firm websites as well as law-related blogs and sites.

Legal Information in a Background Check

Background Checks. Although the word may seem scary, this is not something to be feared. In fact, it’s a normal part of life, and at some point everybody will have a background check done on them. There are a multitude of reasons why a background check could be done reasons varying from a new job, before moving into a new apartment or condominium and more. And although you have no control what appears on the background check report (your history is your past, and there’s very little you can do to change the past), you do have the right to protect your privacy by knowing what is legal and what is not legal information on a background check report.

A background check usually contains a lot of different information. Most of the information is compliant with the Fair Credit Reporting Act (FCRA) but sometimes you may find information that seems either out of place or unnecessary. There are people that legally can have all the information, for example, any jobs involving the government, FBI or police. In those cases, the government is allowed to know all information because it is in regards to national safety. In all other cases where the government is not involved, access to that information is denied. An important step to ensuring your privacy is by asking what information is requested on the background check. If the employer or renter (or whomever) gives an unclear answer or disregards the question all together, have them write down exactly what information they are looking for. That way, if something on the background check shows up that was not originally communicated; you are able to take the appropriate steps to clear things up.

Every company has different policies on what information they need. The general standard check can include any or all of the following; felony and misdemeanor arrest and conviction charges, education and professional license verifications, employment checks, social security verifications, sexual offender checks, motor vehicle reports, federal criminal checks, reference checks, civil litigation, OIG database, federal bankruptcy and many others. There is also an industry standard to how long this information can be used for hire. The FCRA also states that a company can go back seven years for hire. Any older information is declared illegal and must be discarded.

If by some off chance you do end up finding information there are steps you can take. The best step is to have a conversation with the other party, and for the most part, any problem that you may have can be solved easily. Furthermore, if the problem still hasn’t been solved, try consulting a lawyer. If the information provided is old and past the seven year scope, there is legal action that can be taken.

When a company or person requires a background check it is important to know your rights regarding your privacy. If you suspect that there is illegal information on your background check report, there actions you can take so that you are protected.

Finding the Best Lawyer For Your Needs

If you think that finding a lawyer is as easy as ordering food from the menu, then you are getting it the wrong way. Searching for your next lawyer that can help you with your misdemeanor case will not be easy even though you have a phone book in your hand that lists the lawyers in the city. The information that you can get from the phone book or from the yellow pages may not be enough and these sources of information may not help you make an informed and an educated choice.

The best lawyer that you can get cannot be provided by the yellow pages, and your friends and your network are the ones that truly help you. Talking to friends and your network in the community may be a good idea in order to find your next lawyer. Here’s one example on how to find your defender. If you are facing a minor offense like a misdemeanor charge, then you can always ask your friends or the friends of your friends who have these kinds of experiences. You can ask them who their lawyers were and also ask what they think of these lawyers. Try talking to a few of your friends who know these cases and chances are at the end of the day, you can roughly say who are the lawyers are who are not good ideas for your case and who are the likely candidates.

But don’t stop on the recommendations of these people that you’ve talked to in the streets, the bars and the city hall. Different people may say different views about a person. For this reason, you go to your last screening. And that’s to talk personally to the lawyer. Meet the lawyer, discuss your case and decide from there if you feel comfortable with your new-found lawyer.

Associate Attorney Employment Agreement

Most law firms that are made up of more than one person are set up as a hierarchy with Partners at the top and varying levels of Associate Attorneys below them. Partners are generally the owners of the business and Associates are employees. The Associates are often given the opportunity to work their way up the ladder to become Partners and share in the profits of the firm instead of just receiving wages.

It is important to have a written agreement or contract between the Associates and the Firm that spells out everyone’s duties and obligations as well as the conditions under which they may advance. The following is a draft contract between an Associate and a law firm that can be customized to meet the needs of a law firm hiring an Associate Attorney.

This AGREEMENT made of this 21st day of March, 2011, between the Law Offices of at Smith, herein referred to as the “Firm” and Joe Blow, hereinafter referred to as the “Attorney.”

Recitals

The Firm is a Sole Proprietorship, operating as a business rendering legal services. If, during the term of this contract, the Firm changes to another form of business organization, this contract will continue to be binding on both the Firm, under it’s new formation, and on the Attorney.

The Attorney is licensed to practice law in the State of Texas.

The Firm and the Attorney desire to have the attorney practice law as an employee of the Firm.

It is agreed by and between the parties as follows:

Section 1. Employment and Duties.

Employment. The Firm employs the Attorney and the Attorney accepts employment as an attorney in accordance with the terms of this Agreement.

Full Time. The Attorney shall devote full working time and attention on the practice of the law for the Firm and the Attorney shall not, without the written consent of the Firm, directly or indirectly rendered services of a professional nature to or for any person or firm except as an employee of the Firm.

Duties and Assignments. The Firm shall determine the duties to be performed by the Attorney and the means and the manner by which those duties shall be performed. The Firm shall determine the assignment of the clients to the Attorney and the Attorney shall perform services for such clients assigned. The Firm determine the rates at which the Attorney’s work shall be billed.

Section 2. Compensation

Salary. For all services rendered by the Attorney under this Agreement, the Firm shall pay the Attorney and annual salary of $58,000, payable weekly or as may otherwise be mutually agreed. The salary may be changed by mutual agreement of the parties at any time.

Bonus. In the addition to the salary specified in 2.1., the Attorney may receive a bonus. The bonus, if any, will be in such amounts as the Firm may determine in its absolute discretion.

Additional Compensation. In addition to the salary and bonus specified in items 2.1 and 2.2, the Attorney will be eligible to receive a percentage of the Firm’s portion of Personal Injury cases. The Attorney will receive 10% of the Firm’s payment from a Personal Injury case, when the Attorney has performed as the primary attorney on that case. Additionally, the Attorney will receive 10% of the Firm’s payment from a Personal Injury case, when the Attorney personally brought the case to the Firm.

Section 3. Partnership. It is the policy of the Firm to employ as attorneys persons who will be given the opportunity to become partners in the Firm. The Firm after a certain number of years will make the determination as to whether the Attorney will be admitted to partnership. The Firm expects to make this determination with respect to this Attorney, no earlier than July 1, 2005, and no later than July 1, 2007.

Section 4. Facilities.

Office. The Firm shall furnish the Attorney with office space, staff assistance, and such other facilities and services as are reasonably necessary to the performance of the Attorney’s duties.

Liability Insurance. The Firm shall maintain professional liability insurance covering the acts and omissions of the Attorney in performance of the Attorney’s professional duties.

Travel. The Attorney may be required to travel on business for the Firm, and shall be reimbursed for all reasonable and necessary expenses incurred, provided, however, that a detailed account of such expense is provided to the Firm.

Professional Societies. The Firm shall pay the Attorney’s dues for memberships in The State Bar of Texas and the American Bar Association.

Education. The Firm shall pay the reasonable amount of expenses incurred by the Attorney to maintain or improve the Attorney’s professional skills. The Attorney agrees to submit to the Firm such documentation as may be necessary to substantiate such expenses

Section 5. Additional Benefits.

Medical Insurance. The Firm agrees to provide medical coverage for the Attorney, the Attorney’s spouse and dependents under a group accident and health insurance policy, the terms and benefits of which shall be determined by the Firm. The Attorney is currently covered under her spouse’s policy and does not require such coverage currently. That Attorney will notify the Firm at such time that she needs this benefit.

Vacation. The Attorney shall be entitled to three weeks vacation time each year however, the Attorney’s vacation will be scheduled at such time as will least interfere with the business of the Firm. The Attorney is further entitled to time off on all holidays normally celebrated in accordance with the Firms stated policy.

Life Insurance. The Firm may provide group life insurance coverage, in amounts which shall be determined by the Firm.

Retirement Plan. The Attorney shall participate in any Firm qualified retirement plan according to the terms of said plan as amended from time to time.

Disability. In the event the Attorney is unable to perform his or her regular duties as a result of personal disability the Firm will pay the Attorney’s salary during such disability for a total of ninety (90) days in any 24 month period.

Section 6. Operations.

Records and Files. All records, documents, and files concerning clients of the Firm shall belong to and remain the property of the Firm. On termination of employment, the Attorney shall not be entitled to keep or reproduce the Firms’ records, documents or files relation to any client unless the client shall specifically request that its files be transmitted to the Attorney.

Fees. All fees and compensation received or realized as a result of the rendition of professional legal services by the Attorney shall belong to and be paid to the Firm. Any fee or honoraria received by the Attorney for professional services or other professional activities performed by the Attorney shall belong to the Firm.

Section 7. Term.

One Year, Automatic Extension. The term of this Agreement shall begin on the date hereof and continue for a period of one year and shall be automatically extended from year to year unless terminated in accordance with this section.

Events of Termination. This Agreement shall be terminated upon the happening of any of the following events:

The death of the Attorney.

The determination of the Firm that the Attorney has become disabled.

Dismissal for cause of the Attorney as hereinafter provided.

Occurrence of the effective date of termination, notice of which has been given in by either party to the other, so long as there are at least sixty (60) days between giving of the notice and the effective date of termination.

The mutual written agreement of the Attorney and the Firm to termination.

Termination on Disability. The Firm may determine that the Attorney has become disabled for purposes of the Agreement in the event that the Attorney shall fail, because of illness or incapacity, to render for ninety (90) days or more in any two-year period, services of the character contemplated by the Agreement, and thereunder shall be deemed to have been terminated as of the end of the calendar month in which such determination was made.

Causes for Dismissal. The Firm may dismiss the Attorney for cause in the event it determines there has been continued neglect by the Attorney if his or her duties, or willful misconduct on the part of the Attorney, including buy not limited to a finding of probable cause by the Bar for investigation a complaint filed with its discipline system or the filing of criminal charges against the Attorney, which would make retention of the Attorney by the Firm prejudicial to the Firm’s best interest.

Section 8. Miscellaneous.

Notices. All notices under this Agreement shall be mailed to the parties hereto at the following respective addresses:

Attorney:____________

Firm: ____________

A change in the mailing address of any party may be effected by serving written notice of such change and of such new address upon the other party.

Invalidity. The invalidity or unenforcibility of any provision or provisions of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as id any invalid or unenforceable provisions were omitted.

Arbitration. All disputes, differences and controversies arising out of, under, or in connection with this Agreement shall be settled and finally determined by Arbitration under the then existing Rules of the American Arbitration Association.

The parties have executed this Agreement as of the date and year first above written.

By:____________________________________________________