Lawyers and Legal Advice Archive

My visceral response to this question as to whether an attorney at law should be required to provide at least SOME “billable” hours free of charge was “hell, yes!”.  But, considering the details and implications …

The decision to claim bankruptcy is one of the biggest decisions one can make, and a life altering one to be sure. In many cases however, potential candidates for 7, 11 or 13 protection overlook the …

Traumatic brain injury (TBI) is an acquired injury that can have a profound impact on an individual and their loved ones. After a TBI is experienced, life is forever altered due to the nature of …

Special Equity is a concept by which marital assets are unequally distributed to spouses during the process of divorce. It is a special case in which one of the spouses has contributed funding, property, or some …

The right to peaceably assemble is built into the United States Constitution as the First Amendment of the Bill of Rights. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting …

It is important to think long and hard when choosing a guardian for your child when you write your will.  He or she will take your role and can make all the difference to your …

Red-light cameras have been the subject of much controversy in previous years and as more cities attempt to install the devices the debate is rekindled. Many communities put together petitions to make the decision an …

There are a number of rules and regulations that must be kept in mind while filing a divorce. The following is the gist of the laws that are to be followed in the state of …

On the table in the office of the New Jersey Legislature are two important medical marijuana bills under consideration. People with serious debilitating illnesses will be closely monitoring the outcome of the bills as they …

Technology is advancing every day and many organizations are taking advantage of these advancements.  One organization, which is using modern technology to the fullest, is the police.  There are more ways the police can catch …

What you should know about your ‘living will’… *Document your wishes concerning your medical treatments or a end-of-life: A living will allows a person to document their wishes concerning their medical treatments at the end-of-their …

Is the protection of innocence no longer a prerequisite of the US and Kansas Justice System? Following a spate of recent legal cases where the validity of convictions have been brought into question due to …

Mediation and mini-trial are 2 forms of alternative dispute resolution (ADR). ADR is the use of alternative procedures to resolve disputes without the necessity of a court trial. The US federal courts and most state courts …

The answer seems obvious or at least it should. Moreover, “justice” and conviction of the guilty are supposed to go hand in hand. However, there are those who argue that it is not a prosecutor’s …

In West Virginia, I-64, I-77, and I-79 are notorious for their heavy traffic loads, the amount of truck traffic, and the resulting number of accidents involving cars, trucks, motorcycles, coal-trucks, and tractor-trailers. Even though pedestrians …

Generally speaking, people who have had their homes foreclosed on anticipate their credit will have a lower rating and that they will face other challenges.  However, what most people never anticipate is that mortgage lenders …

Should a butcher be required to provide free meat? Should a plumber give free services? Should a stripper give free lap dances? Why would anyone think a lawyer should be required to provide free services …

Boilerplate clauses are provisions that do not relate directly to the particular subject matter of a legal contract but set out the respective rights of the parties during the term of the agreement and, in …

Environmental forensics is a type of investigation concerned with problems in a specific area. Wherever pollution occurs, scientists look to find the cause and solution to the problem. Its uses occur anywhere that the water, …

A summons and a subpoena are both tools lawyers use in civil litigation. The key difference between the two is that a summons is directed to someone who has been sued, and a subpoena is …

Court annexed arbitration and court sponsored mediation are both forms of court ordered alternative dispute resolution (ADR). ADR is the use of alternative procedures to resolve disputes without the necessity of a court trial. The US …

The media buzz surrounding the Trayvon Martin case has been intense. With the nation piecing together what exactly contributed to such a shocking event, much of the news has centered around George Zimmerman and the …

Christmas is supposed to be the time of joy and peace, though imagine what it feels like to be a parent who cannot share the holiday period with their child. In this world, where divorce …

What are false domestic violence charges?  It is knowingly accusing a person of an act of violence, which they did not commit that results in the arrest of the accused.  Sadly, in many a relationships …

Probate courts are specialized courts that deal specifically with matters pertaining to wills, estates, trusts and family law matters such as guardianships and adoptions. In some jurisdictions, they have other names such as “Orphan’s Court.” …

There are a few things that you should know if you are arrested for driving under the influence of alcohol. First, the laws on this crime differ from state to state. New Jersey’s laws ARE …

The difference between a prenuptial agreement and a post nuptial agreement  is timing: A prenuptial agreement is an agreement that a bride and groom enter into before they get married; a post nuptial agreement is …

Mediation has long been considered the first option in reaching a mutually agreeable settlement for certain civil cases where there is a dispute between two opposing parties. In many cases, such mediation will be suggested …

Traffic enforcement cameras are used to reduce the number of deaths and serious injuries that occur each year by photographing, citing and fining drivers who speed, run red lights and violate other traffic laws commonly …

As you walk into your favorite retail outlet, you notice a young person standing at the entrance with a placard stating “I SHOPLIFTED FROM THIS STORE.” You can’t help but chuckle and shake your head. …