Archive for March, 2016
Countless incidents between police officers and civilians across the country have illicited a great deal of debate on the state of America’s criminal justice system. Unfortunately, the rogue and tragic actions of few officers have come to reflect the actions of a nationwide institution. Similarly, civilians have come to mistrust and fear the police — particular minorities — and fear their misconduct more hinder than help communities. Currently, 72% of all state police and highway patrol vehicles employ the use of vehicle dash cameras, and this number is only steadily climbing.
In the wake of this crisis, more and more police departments are investing in police body cameras and police dash camera systems. Thes
Most people do not expect to need a lawyer for anything. We do not expect to be in a position to need to sue anyone for anything. Unfortunately, many of us do end up seeking out a law firm to help us do just that. If we find oursekves needing ti file a personal injury claim, we need to find a good lawyer to help us.andnbsp;
The vast majority (between 85 and 96%) of all persinal injury cases are settled out of court. That means a scant 4% of these cases actually are heard in a court room. That means we need a lawyer who has a decent amount of experienced in personal injury law.
How to Find a Personal Injury Attorney:
Ask your friends and relatives.You may know someone who has been in
Lawsuits resulting from a car accident are known as personal injury lawsuits. A personal injury lawsuit is a type of civil lawsuit. Here is how the two relate and how they differ:
The Civil Lawsuit
A civil lawsuit is a form of litigation wherein one party seeks to hold another accountable for a wrong incurred. If the plaintiff, or instigator of the lawsuit, is able to prove he or she has been unduly wronged, the court will typically require the defendant to pay a certain dollar amount as remuneration. The sum paid called punitive damages. On average, the amount of punitive damages awarded in a civil lawsuit is $50,000.
Civil lawsuits can be brought by an individual or business. For instance, an employee might bring a lawsuit against his employer after incurring a workplace injury; or
How far can you go to settle a divorce case — which, on average, can take up to a year to settle? As Joel B. Eisenstein of Lincoln County found out, hacking emails crosses the line in court.
The lawyer and part-time prosecutor is being accused of hacking emails in a divorce case he represented, lying to the judging about it, and then threatening another attorney. So what happened?
Gregory J. Koch was seeking to divorce his wife. During this time he was able to access his wife’s email through “hacking”; in this case, guessing her password. He used this information to access conversation between her and her attorney, as well as download a private payroll document. Eisenstein, as his attorney, should have informed the opposing counsel of this information, and as divorce advice advised his client not to obtain hacked information; instead he used it to prepare for the settlement conference.
Stephanie L. Jones, the opposing counsel, discovered the oversight on the second day of the trial, and immediately reported it to Associate Circuit Judge John Essner. Eisenstein then claimed, in front of Essner, that he had never seen the information. This claim was quickly invalidated by Koch, who admitted under oath to having given to documents to Eisenstein after accessing them.
Eisenstein, for his part, claims that he never closely examined either the payroll document or the list of questions. However, the Aug. 26 disciplinary hearing panel said that he had, indeed, used illegally obtained evidence while also “unlawfully concealing” the questions. The panel recommended an indefinite suspension of his law license, which Eisenstein and his lawyer have rejected.
Email: Divorce Advice: Don’t Hack
The lesson to be learned from this case: while email and text messages can often seem like a more gray area of the law, both parties in a divorce case need to proceed legally when it comes to obtaining this information. During discovery, email evidence can be produced by request, or in other cases, a request can be made to inspect an entire computer. Attorneys can also, in certain situations, subpoena cell phone providers if there are text messages involved that can help to prove the case.
You are allowed to enter another party’s email as evidence if you can prove that you had open access to a shared computer (and email). Both Federal and State laws are clear on the event of unlawful interception; you cannot access someone’s computer or email without their permission and use those communications as evidence in a divorce case, and divorce lawyers are not allowed to overlook illegally obtained evidence. Not only can this lead to exclusion of the evidence, but it can also lead to legal sanctions (as Eisenstein found out).
The divorce rate for a first marriage is about 41% and 60% for a second marriage, meaning that many people are going through this. The divorce process doesn’t need to be complicated. Your best divorce advice is to follow the letter of the law, along with your family law attorney’s advice.