How to File a Restraining Order

Gillian, a 27 year old software professional had been noticing for a few days on her way back home after work, that someone was stalking her and it was not a very pleasant feeling. Although she never had a confrontation from the stalker, the chances of that were on the anvil anytime. She held her cool for a few days by changing her route, having someone accompany her and things like that, but nothing worked. And the worst part was, she knew the stalker and he was from the neighborhood. Finally, she consulted one of her friends who was an attorney for legal advice and filed a restraining order against the stalker.

That was just a case to prove the point of when to file for an order of protection and in what circumstances. Here is the detailed process for filing explained.

Filing a Restraining Order

– If you are in potential and immediate danger, call the emergency (911). even in the situation where you are threatened, abused, and/or the matter has ended, call and tell the police that you want to press charges. If at all the case is immediately prosecuted, the court will issue an order of protection immediately.
– Get the family to a safe place and ask for help. People are mostly helpful in such matters and they would assist you in filing a restraining order.
– Approaching the police station would be of help, as the officers there would definitely give more detailed information on how to press charges.
– Call up the local family court (in case of domestic violence) and ask how to file an order of protection. Then, you would need to go to the court and get the requisite documents.
– Next, you would need to fill out

Prepaid Legal Services Scam

We never say no to an insurance policy, do we? The chances of your house getting burnt or you dying are quite rare, but despite being improbable, don’t you pay a hefty sum towards insurance premium? Then, why not towards prepaid legal service, you may ask. Statistically speaking, the number of times you are going to be sued in your lifetime is surely more than the number of times you’re going to die. So, isn’t a few hundred dollars towards prepaid legal services a good investment, if you’ll be covered against legal issues for the rest of your life? It certainly is, if only you were assured that the legal companies would actually do the work that you are paying them for.

Prepaid Legal Scams

– Scams in the legal issues have been taking place all over the United States with alarming regularity, so it is always good to be a bit cautious. While I’m not discarding the idea of prepaid legal services as an out-and-out sham, there are people out there who are giving this system a bad name.
– Scams may not be illegal, but they may be ripping you off by giving false promises of legal advice and services, but ditching you along the way.
– There have been many reports that suggest that the companies offering the prepaid legal services are not really delivering the goods.
– Scams occur, as the people pay these companies the required amount of money each month, and when the time comes to deliver the service, they become evasive or sometimes even send some non-qualified people along to help you.
– Most people, due to their own ignorance, end up paying a lot more as premiums as compared to what they would otherwise spend as lawyer fees.

How to Write an Appellate Brief

Statistics show that most of the court cases are won and lost, on the impression that a judge gets ongoing through the appellate. An appellate brief is a legal document presented before the appeals court, clearly stating all the details of a matter and why the stance of the lawyer is true.

The appellate attorney must put forth his side in such a way, that the judge is persuaded to rule in favor of attorney’s argument. Therefore, the question ‘how to write a legal brief’, should ideally be, ‘How to write a legal detail?’ The term appellate brief is ironic in the sense that, it is quite a lengthy document.

Tips to Write an Appellate Brief Effectively

If you are an appellate lawyer, shouldering the responsibility of writing an appellate, there are few details which you need to be particular about. It is both a responsible and a daunting task to write a winning legal argument. Whether the ruling court is a trial court, intermediate appellate court or a supreme court, the legal brief should reflect the genuineness of your cause.

– The first and foremost concern of the lawyer, in the process of writing a brief should be, thoroughness with the case. It is a very crucial input for writing an impeccable appellate brief. The lawyer should be well-versed with the matter, specially if the case has come up after a judgment from the lower courts. A forceful argument mostly depends on your knowledge of the subject.
– Mark out all the important issues or certain sensitive points in the argument, that need extreme focus. Make it a habit to research extensively for all the legal concerns. There are many sites and written material available, which can be ultimate guide for writing about a particular part in

What is Rule 49-O?

Democracy itself, is defined as a form of government in which the power of a country is held by the people under a free electoral system. Political rights are also a part of human rights. So, every citizen has a right to vote for a candidate, who he/she trusts capable of understanding public issues and making decisions for the betterment of the public. However, there could also be a scenario where a voter thinks that none of the competing candidates are eligible to get his/her vote.

In such a situation, the voter is free to register for Rule 49-O and express his/her decision. The presiding officer in an election would register the voter’s decision, and the latter has to sign or give a thumb impression against the remark. Also, it has been mentioned that the negative/neutral vote would be considered at the time of counting of votes. However, the major flaw in this process is the violation of secret voting, since the voter has to inform the presiding officer about his/her decision, which is noted down by the officer. To overcome this, the Supreme Court of India recently directed the Election Commission of India to provide a ‘None of the Above’ (NOTA) button in the Electronic Voting Machines (EVM). The order was passed on September 28, 2013, and would be implemented from the Assembly Elections of 2013 and General Elections to be held in 2014, onwards. This button would help voters who do not want to vote for any of the candidates in the fray to register their opinion without disclosing their identity, which was the case in any earlier election process.

Rule 49-O: Text
49-O. Elector deciding not to vote. – If an elector, after his electoral roll number has been duly entered in the

How to Become a Patent Lawyer

Patent law is a challenging field of work and a great choice for people with a strong sense of technology and impeccable verbal skills. Patent lawyers represent their clients and are responsible for filing the patents for them. They also provide legal advice to manufacturers and investors on patents. Becoming a patent lawyer takes a formidable education and training. Let us know more about how to become a patent lawyer.

Educational Requirements and Training
An aspiring candidate should have a bachelor’s degree in the field of science or engineering. Some of the bachelor degrees that one can take up before joining the law school are

– Biology
– Biochemistry
– Microbiology
– Electrical engineering
– Communication technology
– Civil engineering
– Mechanical engineering
– Chemical engineering

As you can see, all these degrees are in the science and technology fields. Candidates who have earned their bachelor’s degrees in other fields and still aspire to be a patent lawyer, provided they have earned specific number of credits. Depending upon your bachelor’s degree, the United States Patent and Trademark Office (USPTO) puts you under three categories; A, B and C.

After completing the bachelor’s degree, a candidate has to clear the law entrance examination. One needs to get good ratings in this examination as it is very crucial for getting a good recommendation to specific law schools. Most of the law schools have three-year courses and in the first year, the students are taught constitutional law, civil procedure and property laws. In the second year, the students can choose their own legal interests. Students who are interested in becoming a patent lawyer study entertainment law, intellectual property law, copyright law, trademark law, antitrust law etc.

Students can also get a real experience of patent law cases by applying for internships at

Tips to Find Cheap Divorce Lawyers

A divorce affects you mentally as well as financially. Mentally because you’re emotionally hurt and financially because you need to take care of property rights, child custody rights, court expenses, and to top it all, the fees of a lawyer. Truth is, a good lawyer’s fee might blow away all your hard-earned money.

While filing for a divorce, both the parties face several monetary setbacks. People who are from a middle class family for example, with a low annual income, have problems in getting hold of good lawyers. These tips, however, might come as a relief.

Tips to Follow

Learn from Experiences
Talk to people who’ve got a divorce. They already know half the things you might end up paying for. Secondly, you’ll get references of quite a few lawyers yourself. Maybe someone can put in a word for you.

Legal Aid
Legal aid is available to people who don’t have money to file a divorce or to pay a lawyer. However, different governments and organizations offer different types of aid. Talk to a few people regarding these options. Hunt for support groups on the Internet; these can be of help.

Talk To Your Partner
In a divorce, the lawyers charge you more as division of the property takes a lot of time, thus costing you more. It takes time to come to a conclusion as to who will take what and how much, how the property will be divided, in whose custody will the child be, etc. All this goes on for days, giving the lawyers a chance to milk out more money from you. So, it is best that before you approach a lawyer, you sit with your spouse and discuss the way you both want things to be. The only thing left after this is paperwork,

Types of Lawyers and What They Do

Many people have a common misconception regarding the profession of lawyers, that they can be approached for every legal kind of work and formality. However, you need to note that there are different kinds of lawyers that are present for carrying out specialized tasks. There is one primary responsibility for most of them, which is interceding on behalf of their clients and rendering legal advice. This article gives you a gist about the different types of lawyers and what they do.

Types of Lawyers

Criminal: His primary role is to defend individuals who have been accused of committing criminal offenses, like murder, rape, robbery, etc.

Divorce: As the name suggests, he specializes in getting a divorce and all of its formalities done in between the husband and wife.

Accident: He is supposed to handle all the insurance paperwork, recovery of medical bills, and compensation for damage to property for the victim of an accident..

Family: He undertakes all formalities of issues related to family life, like marriage, child adoption, custody of children (in case of divorce), property management, etc.

Tax: He carries out duties regarding helping clients file their yearly tax returns and looking after other tax formalities.

Bankruptcy: He aids individuals and businesses in filing for bankruptcy and reducing the impact of the bankruptcy terms and conditions.

Medical Malpractice: He helps clients in case of medical malpractices, such as wrong treatment done by the medical facility, which has resulted in serious health complications.

Civil: He is a kind of an all rounder, mainly handling business relationships, family matters, malpractices, property management, and so on.

Employment: He will help clients who have been illicitly terminated from job, are facing employee compensation problems, or are being harassed at the workplace.

Real Estate: A real estate attorney can help clients in dealing with all formalities regarding home

How Much Does a Lawyer Make

Being a successful lawyer has always been a dream of several young college students. However, only those who are genuinely interested in this field can survive here for a long time. The competition here is very tough you will need a bachelor’s or preferably a master’s degree in law from a reputed college to make a place for yourself. Lawyers are of different kinds – tax lawyers, business lawyers, criminal defense lawyers, immigration lawyers, etc. All these professionals are known to earn well if they have sufficient years of experience.

Income of a Lawyer

As per the various salary surveys, the median salary of lawyers is around USD 92,000. However, the salaries for the beginners having less experience were found to be in the range of USD 30,000 to USD 42,000. On the contrary, highly experienced and successful lawyers who have spent ten to fifteen years in the legal field can easily earn around USD 150,000. The salary of those with three to five years of experience can be anything in between USD 40,000 to USD 60,000 a year.

The main aspect of the job of tax attorneys is related to the important tax laws and the Internal Revenue Service. The tax attorneys have a profound knowledge of the rules and regulations of income tax, gift tax, property tax, excise duty, and international taxes and they provide proper service to their clients by explaining these concepts to them in an easily understandable manner. These types of lawyers cater to individual tax payers as well as the corporate clients. In the case of corporate clients, the income generated by the tax attorneys is much more than that compared to the individual clients. The lawyers who have their own law firm are known to earn more than those who

How to Become a Lawyer

If you have decided to be a lawyer by profession, we will congratulate you for a superb career choice. An inherent desire to argue for your point of view is absolutely essential in this trade, along with a fierce determination to see justice being done. A career in law requires a subtle mind that can understand and employ the intricacies of law, analyze evidence, and make an airtight legal argument to uphold justice.

If you are the kind of person who places truth, justice, and fairness above everything else, then this a career for you. If you want to know what it takes to become a lawyer, it’s necessary to understand the process of dispensing justice and learning the role played by a lawyer in the process. Learning the process of litigation and filing lawsuits is no child’s play as the justice system forms the backbone of every government and civilized society. To uphold freedom and ensure lasting peace in society, we need lawyers who can fight for justice.

Requirements to Achieve the Goal

Even though the road is long and tough, requiring years of hard work and patience, the only thing that can help you in through the journey is your passion for the profression.

Step 1: Work Hard in High School
Considering the long winding path of education that needs to be taken, the earlier you get into the process, the better it will be. If you are in high school, study hard and maintain good grades throughout. It’s good if you work hard on math and science as they will help in developing your analytical mind. Read as much as you can on various subjects.

Participate in debating and extempore speech competitions. This will build your confidence in public speaking and develop your ability to logically

Choosing Divorce Attorneys For Men

A divorce is the only solution sometimes, when things have gone beyond reconciliation. When it cannot be executed amicably, through a mediator, and things move to court, it is time to look for a lawyer, who can argue your case effectively. A divorce case fought in court, is a tough experience, as all your previously personal details of married life, are made public in the courtroom. So, it’s all the more important to choose a lawyer, who handles your case with dignity, sensitivity, and fairness. An equal solution, that benefits both parties and children, should be worked upon.

How to Choose One?

There are many ways to look for divorce lawyers. You could browse through yellow pages, directly meet them, or talk to your friends, who have gone through a similar experience and ask for their recommendations. It is better to go for an attorney, through such a recommendation. That way, you can have a feedback from people, whom that attorney has already represented. Every case is different and the people involved are different. So, one attorney’s favorable review from an acquaintance, may not mean that you may have the same experience. Of course, the last thing to do is to make an appointment and meet the person, before deciding the further course of action. Seek legal advice, before going further, as once you make the decision to go for it, it is almost irreversible.

Some Suggestions

First thing to look for is what kind of law he specializes in and it has to be divorce or rather family law. Look for the kind of cases he has handled in the past. For purpose of convenience, I refer to the attorney in male gender here. However, it could also be a female attorney. Inquire about his experience in