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What Can I Do if I Am Not Happy with My Car Accident Lawyer’s Representation?

Aerial view of the road in mountain valley at sunset in spring in Dolomites, Italy. Top view of asphalt roadway, car, hills with green meadows, blue sky, trees, buildings. Highway and fields. Nature

When you are not happy with your car accident lawyer’s representation, you should fire them as soon as possible. There are a few tips below that will explain what you can do to make sure that you have the best possible chance of making the most of your case. You do not want to be left without any recourse, and you do not want to be stuck working with a bad lawyer who is going to ruin your case.

Fire Your Lawyer

You have the right to fire your lawyer at any time, and you can hire another lawyer when you want to. You need to bring someone onto the case who can help you because that is the only way that you can be sure that you will get the representation that you need. You can fire your lawyer the day after signing with them when you realize they are not doing what you need them to do. You can even fire them in the middle of a trial when you realize that they are doing a very bad job of representing you. You have all the freedom in the world.

Ask For A Complete Investigation

You need to ask for a complete investigation that is going to show how the crash occurred and how you should be compensated. A good lawyer will have the tools & experience necessary to facilitate a complete investigation. A firm like Ladah Law Firm is a great example of this. A lawyer that does not do any background work on the case has basically no chance of helping you. You should make sure that you hand over all the evidence you have, and you should also make sure that you have asked the lawyer if they need any additional information from you. If they are not asking for any information, there is no way that you are going to be able to prove that you did not cause the crash.

Say Nothing

You should never talk to another lawyer who is involved in the case. You do not want to try to go around a lawyer that you do not like. This is why you need to fire them right away because that is the only way in the world that you are going to be able to get the help that you need. If you go to the other lawyer to try to work out a deal, you will get the worst deal you could possibly imagine. You owe more to yourself and your family even if you do not like the lawyer you have now.

Do Not Nag The Police

When you are filing a claim for injuries incurred during the accident, you should not go back to the police telling them that they need to look into the accident again. This does nothing for you, and it can cause problems because the police might wonder why you are so insistent that this is the case. You should also make sure that you get the police report and contact information for the officer that wrote it. This can be helpful because a new lawyer can show you how easy it is going to be to prove that some parts of the accident case are not being handled properly.

Do Not Commit

You might have a lawyer that you do not like, and the only way to make sure that you do not go too far during this case is to make sure that you are not committing to anything until you are ready. This is a big part of the process because you might be presented with a settlement or some other option that might seem like a good idea at the time. However, your lawyer is likely trying to get paid as fast as possible. You can fire the lawyer then so that you do not need to go through with anything. If you start to go through with things that make you uncomfortable, it is going to be hard for another lawyer to come through and solve the problem for you in the future.

You Should Not Hire A Lawyer Right Away

You need to do your research before you hire a lawyer. When you hire someone too fast, you will have a very hard time getting the kind of care and service that you need. It makes a lot more sense for you to make sure that you have the lawyer you want after talking to everyone and going to more than one free consultation. This makes it easier for you to make the right decisions going forward.

Hire The Right Lawyer Today

You can hire the right lawyer today even if you already have one. You have the right to fire your lawyer at any time, and you can move on to someone who will provide you with much better representation to make sure that you do not have any trouble with the case.

What Do I Need to Know about a Family Trust in California?

In the State of California, the law states that if you own property, your property will need to go through probate court at the time of your passing. However, establishing a family trust can be very beneficial for your loved ones, as it allows the ability to transfer assets without the need to enter probate.

As Yahoo Finance explains in “What Is a Family Trust and How Do You Set One Up?”, a family trust is a trust you create to directly benefit your family members financially. When done correctly, a family trust will facilitate the transfer of assets to heirs and/or beneficiaries without the time and stress of probate court.

General Terms You Should Be Aware Of

As a legal arrangement, a California family trust will allow a person to transfer the management of assets or property to a third party, who then manages these for the benefit of others. The three parties involved in a trust arrangement are the grantor, the trustee and the beneficiaries:

  • The Grantor is the person who creates the trust and transfers his/her/their assets into it. The grantor(s) also has the authority to name the trustee and potential beneficiaries.
  • The Trustee is a party who has been designated to manage the assets in the trust for the beneficiaries. A trustee can be a single individual, as well as two or more joint trustees. A trustee can also be a business entity, such as a trust management organization or a bank. It should also be noted that beneficiaries can also be designated trustees. A grantor can serve as a trustee when creating a revocable living trust.
  • The Beneficiaries get some type of financial benefit from the trust. Typically, this will involve a partner or spouse, children, grandchildren, or other relatives. Additional beneficiaries can involve charitable organizations. It should also be noted that the grantor can also be a beneficiary.

For the purposes of a family trust, it’s just your family members who are beneficiaries.

Types of Trusts

Trusts are usually classified based on the degree of control the grantor will have over the property or assets in the trust. Family trusts are a type of living trust, which means it will be created during your lifetime. The two types of living trusts are:

  • Revocable Trusts, which provide the grantor the opportunity to revoke, amend or cancel the trust. In the event that the trust is revoked, all assets and property in the trust will be returned to the grantor. Revocable trusts can be changed or terminated at any time, while the grantor is alive.
  • Irrevocable Trusts, which are permanent legal documents. These trusts preclude grantors from being able to obtain their assets in return, without first obtaining the permission from the trustee and/or beneficiaries.

As a subcategory of a living trust, with a revocable family trust, you can be your own trustee as well as name successor trustees to take control, in the event you become incapacitated or pass away. If it’s an irrevocable trust, you must designate another person to act as the trustee.

Key Differences Between a Revocable Living Trust and an Irrevocable Living Trust

With a revocable family trust, you will be able to accomplish the following:

  • Maintain privacy. As beneficiaries are able to avoid probate court, there is no need to make public the assets and debts you have accrued at the time of your death. There will also be no public record of where your assets went.
  • Avoid probate. A valuable benefit of a family trust is that beneficiaries will be able to avoid the time and expenses associated with probate court.
  • Protection of assets. A family trust can preserve assets for individuals who are not able to manage the assets themselves. This can include beneficiaries that are disabled, underage, or are financially irresponsible.

An irrevocable family trust will be able to offer the aforementioned benefits, with the inclusion of the following:

  • Circumvent estate taxes. With an irrevocable trust, the grantor will no longer have the title of his or her property. Once the grantor has passed away, the property will not be included in the estate for state and federal estate tax purposes. In many cases, this will be applicable to those with a significant amount of assets and wealth.
  • Protect assets from creditors. When the title to a property has been placed under the name of a trustee, the property will no longer be subject to creditor claims of both grantor and beneficiaries.
  • Aiding in the qualification for Medicaid. If the grantor needs nursing care, he or she may be able to enable qualification for these benefits.

Creating a Family Trust in California

Setting up a family trust is essential a two-step process:

  1. Creating and developing a trust agreement; and
  2. Transferring the property and assets into the trust

Speak to a Well-Versed Attorney

To summarize, a family trust will allow certain property to be managed by a third party in accordance to your instructions for your beneficiaries. Family trusts allow you to add conditions, such as a child can’t use the money, until they complete college or reach a certain age. Moreover, family trusts are beneficial to those who have a child who requires specialized medical care.

A family trust is a useful tool when it comes to estate planning, especially if you want to avoid probate. When transferring the title of assets to a family trust, this will mean that they will no longer be subject to probate. Finally, you can also use an irrevocable family trust to protect assets from creditors, in the event that you’re sued.

If you are considering creating a family trust, speak with an experienced estate planning attorney at the Law Offices of Robert H. Brumfield, P.C. to make certain that this type of trust is right for you, as there are several types of trust options you can use in estate planning. Some of these trusts have extremely specific purposes, while others are more general. An estate planning attorney can help you compare different trust options to help you determine if a family trust is right for your estate plan. Consider contacting the Law Offices of Robert H. Brumfield, P.C. today for more information.

Expert Witness Strategy: DIAL FRE703705 For Optimal

Expertpays Rules: Dial 703705 for Optimal

Boy I would love my expert to talk about something, but that something is inadmissible. Darn! A refrain as old as counselor time. Luckily, the rules of evidence are a stress-relieving salve for the weary. Expert witnesses, as we know, can testify to facts without having direct knowledge of those facts. And from this crucial inch given, a mile of discretion has appeared within the rules of evidence.

Your expert witness can testify to inadmissible facts generally and specifically. And to make the rules work for you, make sure they always testify generally to maximize their chances of getting specific.

The practice of law (let’s differentiate from the law itself) is justice poker. Wins come from a simple mistake ratio — yours to theirs. If you have fewer than opposing counsel, congratulations – you won. Fine print: a mistake can be taking the case or taking it trial in the first place.

Cross-examination is more than Wigmore’s tag as “beyond any doubt the greatest legal engine ever invented for the discovery of truth.” The most powerful artillery is useless without accurate, precise coordinates. Misdirect the cross, watch the mistakes multiply.

And expert witnesses can do just that. With Federal Rule of Evidence 703 and 705 working together, you can get the defense to bring inadmissible evidence into court — without a limiting instruction.

  1. The Rules and Rationales

Federal Rule of Evidence 703 is simple:

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

The first sentence makes the expert a courtroom unto himself, respecting his process of gathering evidence and factual data. Further, an expert can offer an opinion based on facts, theoretically, without any evidentiary support. And last, the expert can be a conduit for otherwise inadmissible facts under certain circumstances — namely, where those facts are vital to understanding the opinion and the jury’s comprehension of the opinion outweighs the prejudice those facts could cause a party opponent.

Federal Rule of Evidence 705 is simple:

Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.

Straight-ahead but still keeping on with the expert-as-court analogy. The expert may offer an opinion and its reasons without specifying the facts or data underlying that opinion. Of course, the second sentence renders the analogy imperfect by requiring the expert to produce such data on cross-examination. Superficially — when would an expert rely on data supporting an opposite conclusion to theirs? Let’s refrain from answering and acknowledge that we would all be surprised at what happens in the reality of court. Exceptions prove the rule, though.

Moving on, the interplay between FRE 703 and 705 is slippery.

Returning to the micro-court analogy, an expert operates like a courtroom. A trial (1) ascertains a set of facts and (2) applies a principle to resolve a dispute regarding those facts. An expert (1) ascertains a set of facts and (2) applies a principle to resolve a dispute regarding those facts. And the rationale behind both rules is to give the expert freedom to pursue his personal process. Limiting an expert only to facts that the expert has direct awareness of would be an Achilles tendon cut. An expert needs access to the requisite data to apply whatever principle the court has called him to adduce.

The practical effect here is that, even without disclosing particulars of the court-verboten facts, the expert can essentially testify generally about them. For example, an expert psychologist bases his opinion that a party is insane on medical records — admissible — and interviews with a party’s friends and family — inadmissible hearsay. The expert witness can testify that he or she based their opinion on the interviews without disclosing the content of those interviews. While the content remains outside of court, enough is within court to support an inference about the content.

The hail mary option is to have the expert outright testify as to the inadmissible facts, hoping that the court admits it. The court must find that the value of these facts in helping the juror understand the expert’s testimony is higher than the prejudice a party opponent will suffer from those facts. The chance of success is low, and the court will accompany the testimony with a limiting instruction.

But FRE 705 renders the foregoing hail mary option unnecessary. FRE 705 allows an expert to state his or her opinion and the reasons supporting without testifying about the specific facts or data. However, a party can elicit those facts and that data via cross-examination. And this is where justice poker begins.

2. Training the Defendant’s Crosshairs on the Defendant

The advisory committee’s notes to the 2000 amendments to FRE 703 sum up our strategic consideration:

Nothing in this Rule restricts the presentation of underlying expert facts or data when offered by an adverse party. See Rule 705. Of course, an adversary’s attack on an expert’s basis will often open the door to a proponent’s rebuttal with information that was reasonably relied upon by the expert, even if that information would not have been discloseable initially under the balancing test provided by this amendment. Moreover, in some circumstances the proponent might wish to disclose information that is relied upon by the expert in order to “remove the sting” from the opponent’s anticipated attack, and thereby prevent the jury from drawing an unfair negative inference. The trial court should take this consideration into account in applying the balancing test provided by this amendment.

Consequently, the optimal play here is to always have the expert testify under FRE 705 as to their opinion and the general nature of any inadmissible basis. If the defense elicits otherwise inadmissible evidence from cross-examination, then the balancing test has a much higher chance of tipping toward counsel introducing the entirety of that evidence.

This strategy is low risk and high reward; it puts the defense in its proper place — on the defensive. The inadmissible facts surrounded by the expert’s testimony are near impregnable. To mount a successful assault on the facts themselves, defense counsel will have to attack the expert’s testimony itself; and if the expert has survived a Daubert challenge…good luck.

Either way, you win. If the defense forces the expert to reveal, then you can reveal the entirety of the contents — regardless of veracity, the jury has now heard these facts. Even if alone, the facts themselves are weak, weak facts strung together by a story become more powerful than the sum of their parts. Old Chief v. United States taught us all that.

DIAL 703705 FOR OPTIMAL

So consult FRE 703 and FRE 705 to execute this optimal play and minimize the mistakes you make in expert testimony. At Expertpays, we believe that experts should be available whenever, wherever the world needs them, which is why we bankroll them for you zero-interest and zero up front cost. We are here to give you the tools to win, because you only pay when you win.

How To Find A Reliable Estate Planning Attorney

Estate planning attorneys help create a plan or will that ensures your assets are protected and claimed by your beneficiaries without having to fight strenuous battles in the court.

Estate planning is a crucial part of financial planning that usually covers two aspects. One, what happens to your assets after you pass away. Two, who will make essential decisions on your behalf if you are mentally incapacitated.

A reputable elder estate planning law firm hosts a team of qualified lawyers who are experienced to manage trusts, wills, probate processes, and taxes. They make sure that your rights and assets are protected from people who dubiously want to be a part of your will, and help minimize the beneficiaries’ taxes.

Finding the right estate planning attorney is essential to ensure your will is divided according to your intent, but some people find the process daunting. To help you with the same, in this post, we have listed 3 tips.

Create A List Of Specialists In Your Area

The first step is a search hunt. You have to create a list of attorneys in your area. But before you start with the process, make sure you look for lawyers that specialize in estates.

As obvious as it sounds, it is crucial because lawyers that have no prior experience in handling estate planning won’t be able to advise you appropriately.

As mentioned before, a good estate lawyer has adequate experience and expertise to curate wills and deal with probate processes.

So, before you search the web for estate planning attorneys in your area, ask your friends and families for a referral. If any of your acquaintances have already worked with an estate lawyer, they could help you start on the right foot.

Along with listing their references, visit your state bar association and pen down the names of specialists that service in your area. This could help you a great deal.

Shortlist And Interview Potential Attorneys On Your List

Once you have identified your options, it’s time for you to narrow down the list and get in touch with the most reliable, qualified, and affordable ones.

Estate planning is a complex process, so before you shortlist lawyers, it’s important you consider their years of experience in the field, previous cases they have handled, consultation fees, professional organizations they work with, etc.

Once you do that, it’s time to call these people for a short interview. If the lawyers don’t charge any fees, you can meet them face to face also.

When interviewing your options, briefly discuss your requirements and ask them what steps will they take to ensure everything is covered. Their understanding of your situation will speak volumes about the vibe they give and whether they are willing to work with you.

This process can take long but will give you clarity about who can be your potential estate planning lawyers.

Check References And Book A Consultation

After step two, you will probably eliminate the ones that didn’t seem to be the right fit. Now is the time when you cross-check with the references the lawyers gave.

All you need to do is check their reviews on social media and schedule a call with people they have already worked before. Their previous clients can offer you quality information about their professionalism, ethics, and working standards.

If you read/ hear any bad reviews about the lawyers, don’t make any compromises. Have a follow-up conversation and make the right decision.

Once you do that, you can book a consultation and get an estate plan in place.

Final Words

Finding a reputable and reliable estate planning attorney can be a tedious process, but the effort you put in will definitely pay off.

Follow the above-mentioned steps to make the process easier for yourself.

The Probate Process in Nevada: 4 Ways Depending on Value of Estate

When a person dies, the decedent’s property must be distributed. The property goes either to the persons named in the decedent’s will or in accordance with the default laws of the state where the decedent lived if they left no will. Nevada, like all states, has specific statutory requirements for probate. The probate process must comply with these requirements to transfer property according to Nevada state law. The experienced probate attorneys at Lee, Kiefer & Park, LLC, can help you navigate the process.

The attorneys at Lee, Kiefer & Park, LLC, have a wealth of probate experience. Managing partner Kennedy Lee has practiced trust and estates law in Nevada since completing law school in 2011. Mr. Kiefer and Mr. Park focus his practice on litigate matters related to trust and estate administration. Mr. Lee and partner Matthew Park carry the highest possible rating from the prestigious Martindale-Hubbell peer-based lawyer rating service. The three partners’ experience is complimented by that of Suzanne Fitts, a 1989 law school graduate who serves the firm as of counsel.

Overview of the Probate Process in Nevada

The probate process, from a bird’s eye view, consists of locating the decedent’s will if the decedent had one, gathering together the decedent’s assets, paying the decedent’s debts and taxes, and then distributing the remainder of the property to the decedent’s beneficiaries or heirs. This happens with varying degrees of involvement by the probate court. In general, as the value of the estate increases, the probate process becomes more involved. Therefore, the first step in probate to determine the value of the estate.

Small Estates

If the decedent owned no interest in any real property, and the estate is valued at $25,000 or less, then the decedent’s estate can avoid probate by using a small estate affidavit. If the person entitled to inherit the decedent’s estate is a surviving spouse, then the small estate affidavit can be used for an estate valued up to $100,000. The affidavit lists the decedent’s property, states that debts and taxes have been paid, and says that the person filing the affidavit is entitled to the rest of the estate. No further probate process is necessary.

Set Aside Estates

If the value of the estate does not exceed $100,000, the estate may be set aside without administration based on only one pleading with the court. This means there is minimal involvement with the probate court. The person seeking a set aside files a petition with the probate court requesting authorization to set aside the assets of the estate to those entitled to inherit them. After a court hearing, if the statutory requirements have been met, the court signs an order allowing the set aside. There is no further probate process. The court order can then be used to transfer ownership or title to the assets.

Summary Administration

This probate process is available for estates valued at no more than $300,000. The procedure allows for a truncated probate process. For the court to allow summary administration, the court must find that summary administration is advisable “considering the nature, character and obligations of the estate.” Upon that finding, some of the procedures required for full probate are revised and are less stringent.

General Administration of Estates

If the value of the estate exceeds $300,000, then the estate is subject to general administration. The general probate process requires many steps for the personal representative. The court must approve most of the actions that the personal representative takes in administering the estate.

The Probate Process for General Administration

Depending upon the value of the estate, a general administration might not be required. If it is, these are the general steps in the probate process:

  • The nominated personal representative must locate the original will, if the decedent left one.
  • That person must file a petition for probate in the county where the deceased lived, within thirty days of death.
  • The petition for probate will request that the person be appointed personal representative, as stated in the decedent’s will. If the decedent left no will, then the petition requests appointment of a close family member as the personal representative.
  • The personal representative provides the statutory notices of all court hearings and publishes a notice to creditors in a newspaper where the decedent lived. Creditors have three months to present their claims.
  • The personal representative marshals the assets, and prepares an inventory of the assets and debts of the estate and file it with the court.
  • Certain actions may require court direction on how to proceed. Other actions require court authority.
  • Eventually, the personal representative files a petition seeking authority to pay the outstanding debts of the decedent/estate and to distribute the remainder to the beneficiaries.
  • Once all the assets have been distributed, the estate is closed.

Each of these steps must be completed properly and accurately. If you or someone you know needs an experienced trust administration attorney in Nevada, whether in Las Vegas, Henderson, Reno, or Carson City, please contact Lee, Kiefer & Park, LLC, for a free consultation, either by using the online form or calling 702-333-1711.

What to Do If You’re in a Speeding Accident in Georgia

The speed limit in Georgia is 70 miles per hour on the rural interstates, 55 miles per hour on the urban interstates and 65 miles per hour on other limited access roads. However, that doesn’t stop people from breaking the speed limit all the time.

Speeding is a huge issue not just in Georgia, but throughout the United States. According to the National Highway Traffic Safety Administration, in 2018, speeding led to the deaths of 9,378 people. It was a factor in 26% of all traffic fatalities, too. The latest data from 2017 showed that there were 1,468 traffic fatalities in Georgia that year.

When drivers speed, they are more likely to get into car accidents because they lose control of their vehicles and they don’t have enough time to brake in case they have to. Even though drivers know speeding can cause great harm to other people, other vehicles as well as their own vehicles, they still speed when they are running late, there are breaks in heavy traffic or they’re simply zoning out and not paying attention to their ever-increasing speedometer.

What Happens in a Speeding Accident

If a driver is speeding, they can cause irrevocable harm to you and your car. Some injuries that you may experience as a result of a speeding accident include:

  • Whiplash
  • Back and neck pain
  • Fractures
  • Head injury
  • Traumatic brain injury
  • Spinal cord injury
  • Paralysis
  • Broken bones
  • Death

Some of these injuries are minor. For example, whiplash and back and neck pain can be treated with chiropractor care, deep-tissue massage, acupuncture, heating pads and over the counter medicine. However, breaking a bone or experiencing a fracture could put you out of commission for weeks or months, while a traumatic brain injury, head injury or paralysis can impact you for the rest of your life.

As a result of your injuries, you may have to take time off from work to recover in the hospital, be away from your family, get physical therapy, undergo surgery, take medications and buy medical equipment. You could suffer from temporary or lifelong pain.

It all depends on the severity of your injury. If the other driver was speeding way above the limit, crashed into the side where you were sitting and/or was driving a vehicle larger than yours, your injury could be greater. Additionally, if you were a pedestrian or riding a bicycle, you are likely to suffer from more injuries than if you were driving in a car.

Pursuing Your Speeding Accident Claim

If you have been in a speeding accident, then you are entitled to compensation for the trauma, pain and injury you’ve experienced. To ensure that a speeding accident claim will go through, you should collect the following:

  • Police records of the accident, if you called the police.
  • Witness statements and contact information, if there were any witnesses around.
  • Photos and other evidence of the accident.
  • The other driver’s information, including contact and insurance details.
  • Your own insurance details.
  • Your medical records after you visited the hospital following the accident.
  • Information that details any other doctors’ visits, time you took off work or other effects this accident had on you.

If you need help getting everything together and filing your claim, you can hire a personal injury lawyer. They can locate the police records, call the hospital and your doctor for you to retrieve medical records, deal with the insurance companies and put all your evidence together.

Your personal injury lawyer will not charge you for these services; in fact, they’ll cover your treatment and legal fees until you’re compensated. Then, they will take money out of the settlement to pay themselves and your doctors. If a personal injury lawyer is willing to take you on, it’s because they know you have a solid case. Otherwise, they wouldn’t be putting themselves on the line for nothing.

With the right lawyer, you’ll have peace of mind and know that you will get the money you need to pay for your recovery, as well as cover any expenses like missing wages and the money you spent on gas going back and forth to doctors’ appointments, for example.

What to Look for in a Personal Injury Lawyer

You want to hire a personal injury lawyer who is experienced, transparent, communicative and makes you feel like your case is in good hands. Look for one who has other satisfied clients as well as positive testimonials and reviews.

Since you’re recovering, you can’t also worry about what your lawyer is or isn’t doing. You just want to have that initial consultation, hand over all the relevant information and then be updated on your case when necessary. And then, when they’ve worked hard for you, you can collect your compensation and get back on your feet as soon as possible.

With the right personal injury lawyer in Georgia, you can do just that. Don’t hesitate; the longer you wait after your speeding accident to file a claim, the weaker of a case you’ll have. Georgia has a two year statute of limitations on personal injury cases, so get in touch with a personal injury lawyer as soon as possible to get the ball rolling.

If you’ve gotten into a speeding accident in Georgia, you may be entitled to compensation. To find out what a personal injury lawyer can do for you, contact the Atlanta personal injury lawyer Winston Briggs today.

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