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Family Law Attorney

What Is a Theory of the Case for a Lawyer?

The theory of the case is what the lawyer believes is the most logical conclusion of the case which one can draw from all of the undisputed and disputed facts that he or she anticipates going to be placed before the court during the trial. The Lawyer will argue in the closing address that the evidence heard during the trial logically supports the theory and are consequently, his or her client’s case is the one most worth believing. Developing a case theory is one of the most important tasks for a lawyer to undertake because it gives a lawyer direction to all the strategy and tactics that he was she will the doctrine of preparation and presentation of the stages of the case. It will identify a number of factors such as what submissions are going to be majoring the closing address, what facts are undisputed, what facts are really an issue, what evidence in chief is going to be relevant and what areas of the opponents evidence will need to be challenged in cross examination. It therefore saves time effort and costs as a result of been able to focus on the real issues.
The first steps in the development of the case theory a win instructions are received in the matter. An enormous amount of intelligence gathering has to be carried out though before effective case theory can be established. In a civil case, for example, the information can come from an array of areas such as Prince of evidence, pleadings, particulars, discovery in a derogatory is, notices to admit, subpoenas and viewing scene. The lawyer may also have to sift through plans, photographs, reports, films, videos, technical instruction manuals, technical and scientific publications and so on the floor being able to come up with an effective case theory. It is important understand how your lawyer is working on the theory of the case, because this will help you understand what is actually relevant to the real issues in the trial of your civil or criminal matter.…

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Counsel

What is The Procedure to Apply For H1B Visa?

You can get an H-1B visa if you are looking to be employed in jobs that generally require a Bachelor’s degree (called “specialty occupations”). To qualify under the H-1B category, the US employer has to file a Labor Condition Application with the Department of Labor (DOL). The US employer also has substantiate that he/she is employing foreign workers under conditions that do not weaken the working conditions, benefits, or wages of US citizen employees.

The H-1B Visa Procedure

1. The US employer has to determine the current wage for the position offered.

2. The US employer has to file a Labor Condition Application (LCA) with the DOL.

3. The US employer has to file Form Form I-129 (with H supplements) with the USCIS. If you,the prospective employee are already in the US in a valid legal status, this petition can ask that your status be changed to H-1B from which ever status you presently are in. In this case, the process will end here when this petition is approved by the USCIS.

4. If you, the prospective employee are outside the US, then once the I-129 petition is approved, you have to submit your own application for an H-1B visa to a US consulate (except Canadians).

5. You can then use either your visa or to enter the US under the H-1B category.

Steps the US Employer has to take

Determine the Prevailing Wage for the Position Offered

The Employer has to determine the generally current wage for the position offered. It simply means the average wage paid to employees in a similar occupation in the same area. It is determined by comparing to workers similarly employed in the area of intended employment.

File Labor Condition Application

After the employer gets the prevailing wage determination for the position offered, he/she has to file a Labor Condition Application (LCA) with the DOL. The LCA can be submitted up to six months before the intended date of the employment.

File the Petition for a Non immigrant Worker

The employer will then have to file Form I-129, Petition for a Non immigrant Worker along with the H supplements to this form. This has to be filed with the USCIS.

Approval

After the USCIS approves this petition, the employer will receive a Notice of Approval, Form I-797A. This approval does not guarantee that a visa will be issued to the prospective employee at a US consulate overseas. He/she has to prove their eligibility and establish that they are admissible to the US per the provisions of the Immigration and Nationality Act (INA).

Steps You (the Employee) have to take

Apply for the Visa at the US Consulate

Once the H-1 B petition filed by the employer and approved, USCIS will send a Form I-797B. With this you can apply for a visa at a US consulate, normally in your home country.

Form DS-160

You are required to file Form DS- 160. U.S. This form is available online and and typically you have to e-file this form before your visa appointment.

Payment of Fees

Once you have completed the application, you have to pay the machine-readable visa application fee (MRV fee). The Consulate will let you know about the details on how to pay. Remember that you should have proof of payment on the day of your interview. You may also have to pay a reciprocity fee, and it depends on your country of nationality.

The Consular Interview

You are required to attend an interview where an official will review the submitted paperwork for accuracy.

Approval

Once you have attended the interview and received the visa, you are allowed to begin your temporary stay in the US under the H-1B status.

Entering the US with an H-1B Visa

The officer at the border will check your paperwork, and if all is fine, will approve for entry. You will receive a stamp on your passport and a white card called an I-94 card. It will be stamped with a date showing how long you are permitted to stay. Normally, you will be allowed to remain up to the expiration date on the H-1B Visa petition.…

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Free Legal Advice

How Is a Realisation of Real Property Taxed?

The proceeds from the mere realisation of the capital assets or from the change of investment not give rise to income according to ordinary concepts or talk profit arising from a profit-making undertaking or plan within the meaning of the legislation, even if the realisation that changes carried out in the most advantageous manner. Of course, the capital gains tax provisions may apply in relation to property acquired on or after the 1985.
In the Scottish Australian mining case, a coal mining company exhausted the main coal seam on land that it owned. It then subdivided the land, constructive roads and railway station, granted land to public institutions and then sold the subdivided parcels for profit. It was held that the taxpayer was merely realising capital asset to its best advantage. In the NF Williams case, the High Court commented that an owner of land who holds it until the price of land has risen and then subdivides and sells it is not exchanging in an adventure in the nature of trade or carrying out a profit-making scheme, even if a landowner seeks the advice of experts as to the best method of subdivision and sale or carries out work such as grating, levelling, roadbuilding in the provision of water and power.
More recent examples of the principle that the proceeds from the mere realisation of the S of the assessable as ordinary income are where the profits realised on the sale of subdivided farming land all receipts under agreements for the sale of timber growing on the taxpayers land or the progressive sale of farming property or the profits from the sale of the subdivided orchard are all the exempt from the calculation as assessable income. This reason, the realisation of real property is often not considered an element of assessable income.…

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Counsel

Writing Legal Articles for the Layman

Do you have to be a lawyer to write legal articles online? No, but it certainly would help. Even if you aren’t a lawyer and are not giving legal advice you can tell a story about a legal issue, or relay a case study. In doing this you will gain Internet traffic, and explain something to someone perhaps in layman terms that they can then understand.
All too often article authors who are lawyers get to into the nitty-gritty, and actual points of law right away, and are not understandable to a regular person or non-lawyer. Perhaps this is good in a way because it leaves the door of opportunity open for online article authors who don’t have law degrees. Let’s go ahead and talk about this for second shall we?
One thing I always recommend, as writing on the Internet means people from all over the world will end up accessing your articles, is that you make them regionally specific to the state in which you are discussing. It’s important also to make distinctions between the differences between state and federal laws, even where they duplicate, and how those sorts of legal conflicts are dealt with. Often there are people on either side of the business contract or legal issue that reside in different states, and when those laws are different it’s almost as if you are dealing with international law, as you run into the same types problems, albeit much milder as we are all part of the United States.
If you’re not a lawyer and you are producing online article content on legal issues is important if not mandatory that you do state at the bottom of the articles somewhere that you are not a lawyer and that the individual reading the article should seek legal advice from a lawyer that specializes in that type of law. This lets you off the hook from being accused of practicing law without a law license. It also means that your article if it’s well-written may actually end up on a website which refers lawyers, or perhaps a small law firm’s website.
These things happen to me all the time, and often my articles on legal issues get replayed or sent out in online e-mail newsletters. If you are writing about business law or dealing with government rules and regulations for businesses in your industry or sector and you have experience in that realm then you can easily tell stories and give warnings to other entrepreneurs of what to look out for, what to consider, and who they can call for advice to keep them out of trouble.
If you are a lawyer and you’re hoping to write legal articles for regular people and perhaps potential future customers and clients then you need to realize you are not writing for a law journal and you must keep it conversational otherwise you will turn away future customers rather than attract them. Indeed I hope you will please consider all this and think on it.…

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Family Law Attorney

Find Out What A Personal Injury Lawyer Does

A personal injury lawyer is a legal representative who offers legal advice and representation to people who feel they have been wronged in one way or the other. For instance, a person who is injured in the when a bus or any other form of public transport is involved in an accident can look for malpractice lawyers or a brain injury lawyer to sue the driver of the bus and the bus company for malpractice or negligence.
Lawsuits for personal injuries are meant to compensate the aggrieved party to address the injuries they suffered, whether physical, psychological or financial. The amount awarded as compensation is meant to help the person get onto his or her feet after the incident. However, the burden of proof lies with the plaintiff because they have to prove that there was malpractice or negligence and that it was the cause of the accident.
The attorneys for the plaintiff must also prove that their client suffered some financial loses or felt physical and emotional pain due to the negligence of the defendant. That being said, getting a good car accident lawyer is very important. A good attorney is characterized by a larger number of wins compared to the number of cases lost.
When searching for good car accident lawyers in your area, you may want to consider asking your colleagues, friends and family for recommendations. Chances are that one of them has had a positive encounter with a good attorney in your area. Good attorneys when to settle and when to push a case through trial.
Some people often choose to settle for a large sum of cash while others want the case to go to trial to let the entire world know that the defendant is negligent of his duties and should not be entrusted with any duty that may risk the life of other people. When decided in favor of the plaintiff, defendants are usually required to pay an enormous amount of money as compensation.
Other cases that may involve a personal injury lawyer include injuries cause by negligence or general malpractice of medical practitioners. For instance, a patient might visit a doctor hoping to get better after treatment only to get worse without any reasonable medical explanation. In such cases, medical malpractice lawyers are usually brought in. The last decade has seen very many cases like this.
The increase in such lawsuits in the last decade can be attributed the no win no pay deal offered by law firms. In such deals, personal injury lawyers represent their clients free of charge pending the outcome of the case. If the case is decided in favor of the plaintiff, the personal injury lawyer gets his or her cut. This means that anyone can sue anybody of any company without spending any money.
When looking for a personal injury lawyer, you must do your research in order to find the best attorney in your area. An accident can make you incapable of going to work or take care of your children. Medical malpractice lawyers, car accident lawyers and malpractice lawyers are there to ensure that you get the compensation your deserve.…

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Counsel

Do You Need Legal Help? Follow These Suggestions

Finding the best lawyer can be nerve-wracking. Many lawyers are competing for your business and deciding which one is the most qualified and reliable can be hard. This article contains great information that can help in your search for a lawyer.

If you’re accused of a crime, you need to find a lawyer immediately. Be sure not to take matters into your own hands because it can create a situation that raises the possibility of you breaking the law. A lawyer can handle this situation better due to experience and knowledge.

Don’t neglect to ask your potential lawyers for a fee list. Fees can vary greatly; therefore, it’s best to thoroughly understand the fees before signing any agreement. Get the best lawyer you can afford, but don’t break your bank.

Keep your lawyer on retainer so you can ensure you’re prepared. Hiring a lawyer on retainer allows you to choose one without the burden of needing one immediately. If you have an attorney on retainer, you’ll have someone to turn to for expert advice.

If you’re going to enter a legal situation that has to do with real estate like getting sued over a piece of property, hiring a lawyer that specializes in real estate is recommended. This will ensure you get the best person to handle your case.

You should not choose the first affordable lawyer you find in the local yellow pages. When it comes to legal representation, you must treat your situation with respect by taking time to research each lawyer you’re thinking of using. You might select a random lawyer and later discover that he or she had lost her license! Be careful.

Log your interactions with your lawyer. You should keep track of specifics such as date and time. Note topics discussed and money paid. Keep tabs on your legal bill. This will help you handle any problems that can arise later such as unexpectedly big fees or fees that you can’t comprehend.

Only hire a lawyer you can trust. This is particularly important when you need a business or professional lawyer. Lawyers in these areas typically request for you to sign blank checks and retainer fees. Therefore, your money virtually rests on them. Protect yourself as much as you can.

A good tip if you’re going to be working with a lawyer soon is to communicate as best as you can with your lawyer. Being prepared in a timely manner with any information your attorney requests can really help your case. This will be greatly beneficial to your cause.

It is always important to get the fee arrangement in writing, before giving up any money. This helps you to know what sort of budget to have in mind. You will also be able to get the money you need together.

It’s important to have a good lawyer to represent you in legal matters. Use the tips above to help you avoid some of the pitfalls you may encounter. A good lawyer is priceless. You do not want to make a mistake when it comes to dealing with the law. Legal issues are stressful enough and you want someone you can trust on your side.…

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Family Law

Uncertain Of Your Legal Needs? Use This Advice

Many people don’t even know where to begin in terms of engaging a lawyer. Many lawyers are vying for your business; so, it can be hard to find a good attorney. Read this article if you need help with finding a good lawyer.

Always ask for a lawyers history before agreeing to use his services. The lawyer may be legally practicing, but there is no guarantee he is a success. Be certain to know the lawyer’s record, so you can feel better about his ability to work well.

Get a fee list from every lawyer you interview. The fees will vary depending on a lawyer’s background, and it is smart to be aware of what you are going to pay before you retain him. There is nothing worse than losing representation once proceedings have already begun.

Remember that you are in charge; however, you must pay attention to the information your lawyer shares. That’s what you’re paying for. Do not hesitate to speak up if you are not comfortable with something your lawyer says. The lawyer will want to get you the best outcome, but they are balancing many different clients at once.

Speak to loved ones ahead of searching out a lawyer. They may have hired someone who did a great job for them. This may be the best way to retain the right attorney, and it could save you a lot of time.

Business recommendations can be very effective when retaining a lawyer. Companies who provide lawyers with services will probably be able to provide you with several good lawyer choices. For instance, if you’re into small business law, talk to an estate broker, banker, accountant, etc. They will surely be able to tell you about a good lawyer.

Have plenty of questions ready when meeting with prospective lawyers to handle your case. At your first consultation, the prospective lawyer should answer any and all pertinent questions. The lawyer must make certain you feel confident and comfortable in terms of the experience and knowledge the lawyer displays. If you do not, you must move on and interview another lawyer.

Establish a fee arrangement with your attorney right up front, before they start working for you. This is good since you will only have to be concerned with the case and not the finances. Also, it keeps you better organized.

If your attorney is too busy with other matters, yours may suffer. Ask the lawyer directly to see if he has time to handle your case. This will give you a firm idea of whether or not they are right for you.

Online lawyer referral services don’t necessarily screen the attorneys on their lists. Make sure to do thorough research into lawyers you are considering hiring and then make an appointment to meet with them in person.

It can actually take a bit of time to find the perfect attorney for your situation. However, it is preferable that you do your research carefully instead of making a hasty choice. Use the advice here to assist you in finding a lawyer who has your best interest at heart.…