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Writing a Legal Memorandum

A lawful notation is a legal memo used by lawyers to evaluate legal matters and analyze evidence of a case.

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The paralegals research memos to lawyers for any questions that may impel the essence of the case. The section heading of the memo should be comprised of the issue at hand. It should describe anything needing to be researched constricted to just one sentence.

Next step in format should be the answer section.  It should be comprised of a direct answer with a short statement of the reference basis of law in no more than two or three sentences. A short Statement of Facts will follow afterwards.  This is an even-handed form of what has been provided by the client. Tone should be calm or neutral and must include only factual information and be as concise as possible.

The next part is to write an analysis, which is the primary body of your memorandum. This must without a doubt confer with your research about the case. Be sure to include the appropriate connotations when referring to laws and statutes with no references made to outside sources, such as encyclopedias. Next write your recommendation determining the viability of the case.  Include the chance for a loss or win based upon your examination. There should be no bias and complete neutrality of evaluation into a legal matter avocation.

Please review your written memo before presentation.  It should be flawless with no grammatical or spelling errors and have proper citation.

How to fight bad legal representation

When you’re involved in a civil or criminal case, you expect your attorney to provide competent

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representation. Unfortunately, some attorneys fail to do their jobs. When this happens, you may feel as though you have nowhere to turn. However, you do have some options for fighting back against bad legal representation.

Write a letter and fire your attorney
Start by writing a letter that clearly explains your grievances against your attorney. You don’t have to give any notice before firing an attorney, but you may have to work with the judge to get new representation if you are already in court. The judge will have a meeting or a conference call with all parties to discuss your grievances and to decide whether you can obtain new representation.

File a complaint or lawsuit
Every state has a disciplinary board that oversees attorneys. Contact this board and ask for a complaint form. If you need contact information, call the Office of the Clerk of your state’s Supreme Court. When you have the form, complete it and file it on your own behalf.

If you decide to sue your attorney for malpractice, don’t do it alone. Contact an experienced legal malpractice attorney to help you build your case.

Don’t Be Intimidated
Taking on an attorney may feel like a daunting task. However, you should not hesitate to take action when your attorney provides bad legal representation. You do not want a wrongly accused drug or assault crime in your permanent record due to an incompetent drug or assault crime lawyer.  You’ll be doing yourself and future clients a big favor by having the courage to take on the system.

 

Mario often writes about legal issues. If you want more information on a Houston criminal defense lawyer that represents clients with state and federal offenses, visit http://www.mariomadridlaw.com.

The Right Legal Form

Whether or not you have a law degree, anyone is capable of writing a legal draft.  They just need to know

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the basic form, structure, and organization to follow. Here are a few tips to remember when writing a proper legal memo or brief.

First, you must identify the issue presented. You will begin your memo by describing the issue, and the purpose for writing the document. This opening should be short and to the point. You will next discuss the actual law or rules which govern the issues presented. If you know the laws which are going to be used to answer the issue, present them to the reader early on.

The next step is to present an argument. Use the legal facts of the case supporting why you are arguing the way you are. You will also use other cases to compare your current facts with and show why you should get the same outcome. You will also want to set your case apart from those in similar situations which did not get the result you are looking for.

You must also address counter arguments. It is not wise to ignore points which go against your argument, and in no way will it help your position. You must address the arguments, and explain how they differ from your case. Use logical reasoning to show why your client should prevail. Finally, you will state a conclusion for your argument. Tell readers what you want the paper to accomplish and explain why the conclusion you have set forth justifies that finding.

You want the document to be clear, concise, and get to the point. This will allow your general audience, no matter what education level they hold, to understand your arguments and why the outcome should be what you stated.

 

Interview tips between the attorney and client

One of the most important parts of a relationship between the attorney and client is the first interview that takes place between them. This is the best time for the client to get to know the attorney as well as for the attorney to gain information regarding the case.

The attorney should place himself in the shoes of the client during this interview.  The meeting could be quiet intimidating for the client but they should know that the initial meeting is when the attorney should try to make client feel at ease. This is more of an ice breaking interview and engaging in small talk could help a lot.

The attorney should ask any questions which are related to the case. The answers should be taken down by the attorney and logged into an interview sheet.

Small talk is important and the attorney should take the effort to listen to the story of the client. During that time the attorney should make sure all the time is dedicated only for the client by not taking phone calls or interrupting the client except to clarify something. The attorney should also maintain eye contact since it is an effective way of showing the client that he or she is being respected and given attention

The question answering session may include questions such as when, what, why and who. The questions should be very open ended and not seem like a cross examination. If the attorney does not quite understand the client he may ask the client for further clarification. The principal behind the first interview is for the attorney to understand everything that the client wants.

6 Tips to Creating an Effective Legal Newsletter

Law firm newsletters have often been used to advertise for a local law firm. They attempt to demonstrate

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familiarity with certain areas of law and thus gain clients. A well written legal newsletter can be a great marketing tool, but a poorly written newsletter can reflect poorly on your firm and drive clients away. Many firms choose to outsource the writing of their legal newsletter while many write their newsletter in house. Regardless of what your firm chooses it is important to keep the following 6 tips in mind.

#1 Write in readable English
Writing in too much legalese could potentially hurt you more than help. If you write using too much legal speak you risk turning off your audience. Remember your audience when you are writing your newsletter. You are speaking to the common man who is unfamiliar with the legal world. Do not turn them off by writing in a language they cannot understand.

#2 Keep your publishing schedule
Writing a newsletter can seem like a thankless task, but if you commit to publishing one you should publish it consistently. Make sure to keep to your publishing schedule. A newsletter deadline should be just as important as any court date.

#3 Keep to the 3Cs
The three Cs are consistency, conservation, and contrast. A consistent newsletter has a unified feel that incorporates all design elements. Conservation cuts down or eliminates clutter that distracts rather than enhances. Contrast draws the reader’s attention and is used to highlight important aspects of the newsletter.

#4 Have something to say that the audience wants to hear
Choose topics that are of interest to the common man. If you are a drug charge lawyer, then your readers are more likely at your site to read about the legalities of drug charges.  Writing articles about legal arguments are interesting only to lawyers. Instead of writing the legal basis for the latest appellate decision, write how that decision can affect the daily lives of your reader.

#5 Don’t use your newsletter as a sales pitch
The quality of the newsletter is the selling point. There is no need to be overt about it. Just focus on providing usable content and the rest will take care of itself.

#6 Make sure readers know how to contact the firm
The purpose of the newsletter is to bring new clients to the firm. Make sure the contact form is very visible and the reader knows that they are free to contact your firm with any questions they might have.

 

Matt enjoys writing about a variety of legal issues. If you would like to have more information on a Houston criminal defense attorney representing clients with misdemeanor and felony offenses, visit http://www.sharpanddriverlaw.

Communicating with a Lawyer

When you need a lawyer, you want that person to fix your legal problem. You need to know the most effective method of getting what you want in the most efficient way. When hiring an attorney, there are some things you need to keep in mind in order to reach your goal.

It’s best to find a lawyer who specializes in your legal problem. Take the time to have a brief interview with at least three different attorneys.

You both want a win-win situation. You want the money you pay the lawyer to make your condition better. Your lawyer wants his or her work to be rewarded by handling your case in a way that will get results. Many lawyers work on referrals, and they want you to spread the word that they were able to help you!

Before you have your first appointment, make a list of questions you want to ask. At the top of your list, write your goal or expected result. Be direct and to the point. You need to be clear in communicating with your lawyer on what you want. Your attorney should then describe to you how he/she will help you to reach your goal.

Typical questions you might include:
• Do I have a real chance of winning (reaching my goal)?
• How long do you think this case will take?
• What can I do to help you do your job? Many times you need to supply paper work or documents that are important to your case.

The best way to achieve a win-win communication with a lawyer is to:
• Hire the right person
• Know your goal or expectation of the end result
• Be prepared with your questions before you meet

 

Legal Interview Tips

The field of law has many sectors of employment. Among the more sought-after job titles are stenographer,

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paralegal, bailiff, mediator, judge and lawyer. One of the biggest deciding factors for employment is the personal interview. The affair can be rather stringent, but a few simple preparations can ensure you are up for the task.

Research
Learn as much as possible about the firm or company you are applying to work for. If the interview is for a position at a legal firm, be sure to have a comprehensive understanding of its area of law. Libraries are full of books and resources that can help you study. The internet can also be a helpful repository of legal knowledge. The data base of LexisNexis is particularly notable for its comprehensive catalogue of legal information and public records.

Dress to Impress
Facilities in legal practice often require their employees to dress very professionally.  Men are advised to wear business suits, tie and dress shoes. Your suit should be an appropriate color. Black, grey, navy blue and brown colored suits are acceptable. By dressing in suits of other colors, you are risking not looking serious. Women should opt for business suites with trousers or skirt that extends beyond the knees. Women should also wear shoes with conservative heels or without heels at all. Both sexes should sport professional haircuts and styles as well.
Ask Intelligent Questions
The questions an interviewer may ask are largely unpredictable. The only way to prepare for them is to do your homework as mentioned above. However, interviewees are often thrown off guard by the unexpected opportunity to ask them your own questions. Interviewers use this stage of the interview to learn a great deal about candidates. Asking the right questions may turn out to be what separates you from the rest of the candidates. You should consider asking about the standards for promotion, the process of training you might receive if you are offered the job or even how the interviewer likes working for company. You would also be wise to hint at your knowledge of the firm. You might, for instance, ask about a particular case the firm is working on.

No matter what, avoid drawing attention to your own desires such as salary or vacation days. These discussions are best saved for when a formal offer has actually been extended to you.

How to Choose a Lawyer

Finding the right lawyer is more than just looking at somebody convenient with a law degree. Choosing the right lawyer is very important because they can become real expensive, but don’t settle for a lawyer just because the price is low. Everyone wants a lawyer that has a good reputation and a lot of experience but there are many other things to consider as well.

When searching for a lawyer you can start by asking around with family and friends. You will be surprised on how much information the people around you know about lawyers. This could be from a personal experience or they could simply be friends with a lawyer. Try to focus on specific expectations that you are looking for in a lawyer. It is important to find a lawyer who specializes in the crime you have been accused against.  If you have been charged with a drug, gun or sex crime, you will want a drug, gun or sex crime lawyer.

After you have selected the lawyer that you are interested in, you should set up a short meeting with them. Be sure to write down a bunch of questions and concerns to ask the lawyer during the meeting.  Most lawyers do offer free consultation where you can find out a lot of information like the steps that you should take with your case. It is also a good idea for you to research your states set rates for lawyers. Do not be afraid to do a background check on the education and any cases that they may have worked on. Also check for complaints and reviews on the lawyer.

You do not want to waste your money on a lawyer so take your time when considering the right lawyer to use. Choosing a bad lawyer could have a huge impact on the rest of your life.

James enjoys writing about a variety of legal issues. If you want more information on a criminal defense lawyer in Houston that represents clients with state and federal offenses, visit http://www.houstoncrimedefense.com.

A legal Resume and the Audience

A resume will vary in format, audience, objective, and tips. In a professional setting a resume will be looked at for certain tasks preformed, achievements, and experience. A resume can go through more than one person in a business such as hiring managers and recruiters.  This means that the format each one of them looks for can vary.

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A resume can be created in functional, chronological or hybrid formats. A hybrid format is a mix between a functional and chronological format. A hybrid format can be more successful in a legal setting to give the different individuals what they are looking for in one resume.

Length is important to keep simple, readable, and to the point. In the past many individuals would try and keep a resume at a one page minimum, but in some cases it will be too vague. Any professional resume needs to stay on topic and in connection to the main objective of the resume.

In a legal resume, some of the different things that may be included to reach the audience are contact information, a career objective, background education or achievements, experience, honors, and references. In a professional resume, several applicants list professional references to help with the objective. However, if there are no professional references individuals will use personal references. It is always better to use professional references if it is possible.

The purpose of a resume is to convince an employer to want to meet or speak with the applicant about a job. Several employers, hiring managers, and recruiters are going to look for experience that pertains to the job for hire.

Errors such as abbreviations, repeating, long sentencing, and personal information can take away from the professional resume. Applicants should leave out any unnecessary details and keep errors to a minimum.  A single error can often be the deciding factor as to whether a person gets a job or does not.

Tips for dealing with daily law problems

Everyone will eventually need the services of an attorney or have some form of contact with the law. Below are some tips to help you when that time comes.

Draw up a will. The last thing you want is to be rolling over in your grave when it comes time to portion out your belongings after you have passed on. By having a will you ensure that your possessions are given to the right people. This is also the perfect time to draw up things such as a trust, living will, and who will have your power of attorney if you are incapacitated.

Think about signing a prenuptial agreement before marriage. Prenuptial agreements are not just for the rich and famous. They are for anyone who wishes to keep some assets (such as a business) separate from the marriage. A prenuptial agreement spells out what will happen in the event of a divorce.

Most people will be stopped for a traffic violation at some point in their life. Make sure to know your rights. You do not have to consent to allow the police to search your car. You do not have to answer any questions or take any tests, regardless of what they tell you. The only thing you are required to do is provide your driver’s license, insurance, and registration. Your obligation to the officer ends there.

Take care of your debt before it becomes a legal issue. Debt can quickly pile up and become overwhelming. If you must file for bankruptcy, take it seriously. It does not erase all forms of debt and it can negatively impact your credit rating for years. Sometimes it is the only option, but it is best to consult with an attorney before filing for bankruptcy.

Staying Legal on a Budget

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When you’re on a budget, the worst things that can happen will happen. That’s why one of the most useful

sets of frugal living tips involves how to get yourself out of legal trouble and not spend too much money doing so. For my readers, I’ve compiled these simple tips on how to deal with legal trouble while still sticking to your budget.

Don’t Fight on Principle.
Are you really addressing a wrong doing, or are you pursuing justice for justice’s sake? If there hasn’t been any harm done to you, it might be better to step away from the court case and voice your opinions somewhere a little less expensive.

Don’t Buy What You Don’t Need.
Make sure you need a lawyer before you hire one. A common misconception is that plaintiffs need a lawyer to have a chance in court, but this is simply not the case. If only a small amount of money is at stake, first try a polite phone call or letter before reaching for the big guns. Even if your cause is more serious, try checking out your local library for legal aid books before calling a lawyer.  It may save you money in the long run.

Go Small or Go Home.
Small claims court exists to handle small conflicts and filing fees are significantly less than they might be in other types of court. Plus, many small claims disputes are settled without involving lawyers.

Make It Count.
If you do end up hiring a criminal defense lawyer, make very minute count. Come into each meeting with a prepared list of questions or items to discuss and don’t let your lawyer drown you in legalese. Familiarize yourself with the legal terms that might be relevant to your case so you don’t waste time asking for explanations or letting your lawyer talk your bill up.

Nguyen is a Criminal Defense Lawyer in Houston, TX.  He often gives advice about Houston aggravated assault charges

and other legal issues in Texas.

Important considerations when on the look out for Financing in Real Estate

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Real estate business revolves on a huge amount of money, and when one looks to raise financing for a project, it requires minute details. It is extremely crucial to know which stage the project is in, as the stage of a real estate project can largely determine, the amount of financing or commercial construction loans that one needs to complete it. Before looking for potential financiers, you should have a complete project plan. The project plan should explain the various stages the project would go through and the financing it requires at various stages. A complete project plan would immensely impress the financier, as it would show your clarity on the project also lets the financier the visibility on your project. Apart from the transparency, it also builds the trust between the borrower and the financier.

One should be wary of the financial costs that would incur during the project. You should consider the costs of equipment, inventory, resources, infrastructure and so on before arriving at a project cost. It is always a smart idea to consider having a worksheet or any other tool to list down all possible costs in parallel with your project duration. This allows you in getting a clear understanding of when you require each installment of your financing.

One can raise financing for their real estate projects in two ways, either through a debt financing option or via equity financing. In debt financing, you need not surrender your ownership for raising money for your projects. This requires repayment in either installments or in full with the interest. The equity financing involves distribution of ownership to either private or public. You can look for some private real estate capitalists or offer public listings in stock exchange.

Caleb is a national account executive at a financial services firm that offers a variety of commercial mortgages. He enjoys travel, writing and spending time with his family.

How to Become a Commercial Mortgage Broker

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A mortgage broker helps to broker deals on property between buyers and sellers. Becoming a commercial mortgage broker can seem intimidating at first. You need to earn licensing, build connections, and remain competitive in a very competitive marketplace.

Licensing requirements for mortgage brokers can vary slightly from state to state. However, the National Mortgage Licensing System provides pre-licensing requirements for mortgage brokers. The requirements include courses including Federal Law, Ethics and other related courses. On top of this, states can add other requirements. After the education requirements are fulfilled, an individual can take an exam for a small fee. If he or she passes then a license is granted.

Being licensed isn’t enough to become successful. It is important for a person to establish connections in the community in which he or she aspires to work it. Industry experience is usually the determining success factor for mortgage brokers. If a person aces all of the exams, but has no business savvy, they will likely be unsuccessful. It’s important to develop a rapport. This can be done by pairing up with a real estate agent or another person in the industry. Working for a real estate firm can also be beneficial. The goal is to build experience, and become integrated into the community.

Beyond that, individuals should work to target a specific segment of their potential customer base. Targeting a wide group and not specializing is often unsuccessful, at least for new brokers. This is because new brokers compete directly against seasoned veterans, and don’t have the necessary experience to compete. By focusing on a section of the market, such as only dealing in one type of property, new brokers can establish themselves and earn new clients for their business.

Important Business Mortgage Advice

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Getting a commercial mortgage is not only about qualifying just on the basis of documents, high net worth and excellent credit score. It is also important for you to make a right impression professionally. You should thoroughly understand about the property that you want in terms of its location and demographics. Aside from this, you will also have to convince the lender that you possess adequate experience in managing commercial mortgage, more so if you lack a sound portfolio of income generating real estate to show them. 

1. Prepare yourself

You should have all the necessary documents ready. If the property under consideration is listed, then you should provide the listing to the lender informing them the amount that you need. Instead of lender calling for your credit score, it would be helpful if you can secure your credit score well in advance as this will help you in knowing your current standing. You can often get approved on your personal strength.

2. Search for a mortgage that comes without any balloon payment

Unless you have an established business with a good cash flow, you may not be approved for your mortgage renewal. Any lump sum balloon payment that may be due within three to four years can worsen your condition as you may have to even refinance your home, thereby incurring more debt and related costs. Search for a commercial mortgage that comes without a balloon payment and spread outs the entire loan payment in even installments. Though your monthly installments may be on the higher side but you will definitely build your equity at a faster rate.

3. Make monthly payments regularly and on time

You should pay your monthly installments on time to keep your lender happy. Your lender is actually interested in regular and on-time monthly payments. If you can’t make any mortgage payment on schedule, you should inform about this to your lender well in advance by providing him details about your problem. You can even request an extension that you may need.

4. Fill up your vacancies for covering the mortgage payments

You can generate sufficient income from your apartment building complex for repaying your mortgage. However, you should then have enough of leases to fill up all the available vacancies. Aside from this, there should be enough leases to cover the mortgage payments.

Understanding the Reason for Payroll Taxes

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Payroll taxes are a fact of life, and businesses, whether big companies or a home businesses have to manage the payroll and attend to payroll liabilities. On the federal level, and some states, weekly, biweekly, or monthly tax deposits need to be made. Tax deposits made to the IRS are amounts withheld from each paycheck. The employee has to fill out a W-4 withholding form each January to designation how much is withheld from his or her paycheck. Along with federal and state withholding medicare taxes and social security is withheld. The amounts of social security and medicare taxes that are withheld are also matched by the employer. The employer is also responsible for paying unemployment insurance tax both at the state level and the federal level. Although it is not a tax, workers’ compensation insurance is paid by the employer based on the amount of salary. Quarterly and yearly tax reports need to be filed, W-2′s and 1099′s given out to employees, or independent contractors.

As you can see, managing payroll taxes needs to be done accurately, and is an ongoing integral part of a business. If a small business wants to eliminate the hassle of payroll preparation, there are many businesses that help with payroll tax problems and make the necessary deposits and filings for you.

Payroll taxes may seem unfair and unnecessary, but these funds are needed in order to fund such government programs. These programs include social security retirement benefits and medicare insurance for the elderly, and workers’ compensation for employees that are injured at work and cannot work for a while, and in the case of permanent disability, social security disability payments.

Steve is an elite lawyer that provides IRS tax help in Houston TX, he loves to help with clients’ IRS tax problems.