The Lawyer’s Role in a Divorce

The divorce rate has increased a lot over the last few years, which is not very encouraging for anyone who decides to get married. In fact, it is not very encouraging for kids, who see their parents fight and get divorced more and more often.

If you are involved in a divorce, you have the right to be represented by a lawyer. If you have decided to get divorced, we recommend you to turn to a lawyer who is specialized in divorces and partitions, especially if you aren’t familiar with the procedures such a trial consists of. However, the two parties cannot be represented by the same lawyer in the divorce trial, regardless of whether both of you have agreed to get divorced or if the decision only belongs to one of you. According to the stipulations of the Civil Procedure Code, the parties have to go in court in person, except for the cases in which one of the parties is executing a punishment which deprives them of their freedom, if they suffer from a very severe illness, if they are forbidden to go to curt or if they live abroad.

The lawyer can help you take part into a civilized, rapid and advantageous procedure, they can inform you on the rights and obligations you have when it comes to the partition or to your kids, they can assist you and inform you on the optimum solution for your case, they can edit your request and formulate all the requests needed. Also, they are the ones who legalize the sentence of the court which is given at the end of the divorce trial.

It is essential for you to turn to a lawyer when it comes to getting divorced because you can save a lot of your nerves and a lot of your financial resources.

Starting a Law Firm – Local Counsel Work

When considering starting your own law firm, one often overlooked source of business for your fledgling business is local counsel work.

When I began my career as an attorney at a medium sized firm, I had an idea of what I would be working on. For instance, areas such as corporate law, family law, criminal law, estate law, real estate law, are all examples of practices areas that I, like all lawyers, am familiar with because those courses are taught in probably every law school in the United States. So, if you join a law firm in the private practice arena, you will probably work as a lawyer in one or more of these areas.

For example, the typical way to practice law is to have a client ask you to help them with their legal problem. A person or entity will come to you and hire you to help them with their business, family, or personal legal dilemma. That is the most common way to work as a lawyer.

However, one surprise that many lawyers find when they start practicing out of law school is that other lawyers and firms often hire attorneys outside their firm to be their lawyer for a local hearing. This concept is called local counsel.

There are two standard forms of local counsel work:

(1) a firm in the jurisdiction you work in, but which is a long ways away (like in a different city) hires you; or

(2) a firm outside of your jurisdiction and typically in another state hires you.

In these two situations, attorneys and/or law firms will hire out a lawyer to handle hearings in the courthouse or county where the original firm has filed its case. Hiring and outside attorney enables the hiring law firm to have an attorney present in a court-house that is far-far away from the hiring firm’s office. It would be much too expensive to have a $300.00-an-hour attorney drive from a far away city to attend a minor foreclosure hearing. So, the law firm that originated the lawsuit will often hire an attorney at a lower dollar amount to handle a simple hearing.

Examples of legal areas in which local counsel work is needed are: foreclosures, bankruptcy, and debt collection. Often the hired attorney will appear at a minor hearing, such as a status conference, and file an attorney appearance with the court. The attorney will inform the court that he or she has been hired only for the purpose of the local counsel work. A judge will often understand that the law firm who hired the local attorney will handle the actual procedural filing. However, the local counsel attorney will handle the minor matter before him or her. One thing to keep in mind is that the hired lawyer still owes a duty to both the court and his client to be diligent and prepared when he or she accepts the case – no matter how minor it is.

Why is local counsel work important for starting your own firm? In the foremost, it is usually relatively simple and it is a very effective way to generate cash flow for your firm. Without cash flow, your law firm will die.

Another great thing about local counsel work is that it helps the courts function efficiently. If an attorney can show up at minor hearing and guide the legal process along, the court can worry more about other, more important, cases on its docket.

In sum, local counsel work is an often unknown and overlooked aspect of starting and building a law practice. Attorneys who have been practicing for any amount of time often know about local counsel work. However, a person coming out of law school likely has never heard of it. If a person decides to start their own firm out of law school, they will not want to miss this great source of revenue-generating work.

Furthermore, another reason to do local counsel work is that lawyers tend not to stiff other lawyers. In other words, when you are hired, you know you are going to get paid. That may sound simple, but when you are staring out and trying to survive, getting paid for the work you do is of the utmost importance. Heck, it may be the only important thing to know when you are starting your own firm.

When considering starting a law firm, and whether your niche area is family law, criminal law, corporate law, or some other area of law, you need to remember local counsel work and focus some of your firm marketing towards this area. It is not always the most lucrative work, but, if you can get it, it is steady, it generates immediate cash flow, and it get your new law firm humming.

Employment Law Is An Important Part Of Business Law

Business law is one of the branches of the huge field of law. There are many things one has to keep in mind when starting a business; let it be a small or a large business. Breaking these laws may land you in deep trouble, so it is always advisable to have some basic knowledge of both small business law and business corporate law. With this knowledge, you are sure of being able to run your business smoothly without any hindrance from the law whatsoever!

One of the most important areas to consider in business law is employment law. If you don’t comply with all the employment laws and regulations, it is highly likely that you will end up in lots of trouble! There are different laws that actually rule the employment basis of both the regular employees and the contract employees of a business. Some of the employment business laws that have to be met by you are FLSA, the Fair Labor Standards Act, The Immigration Reform and Control Act of 1986, Americans with Disabilities Act, the Civil Rights Act of 1966 and the Equal Pay Act of 1963. However, these laws are not connected to the various state employment business laws that you may find to your business! These laws are a different thing altogether. To confirm that your business meets all the employment laws, it is always better to checkup with your HR department.
To run a business, it is important to have a business permit or a license. If you do not have one, there is a high possibility of you having to shutdown your business and to pay hefty fines and penalties. Moreover, in addition to federal business law it is required that you meet the state business law regulations too. And if you have an international based business, you have to be aware of the different international business laws and how they can affect your business, you and your bottom line. You at least have to meet the general international business laws, import laws, any specialized export laws and laws of the country you maintain business with.

Those running online businesses may be of the impression that there are no business laws pertaining to the internet. However, this is not so. There are many internet and online business laws that have to be followed to maintain any online business. The reason for these laws is that the internet explosion over the past decade has forced the government to introduce internet compliance laws to maintain some law and regulation over the internet. So if you by any chance run a website make sure that you abide the internet business laws. If you don’t do so, there is a high possibility of your site being shut down and of you, in the mean time, facing criminal prosecution and huge fines.

Remember that it is not advisable for you to try and comply with all the business laws on your own. There are numerous laws, and the best mode of avoiding falling into any trap would be to get the help of some professional business law firm. These tips are just to give you an idea of the types of business laws existing. However, even if you do hire a business law firm, it is also better, and important for you to have some basic knowledge of business laws!

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