right to an attorney who hires

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

What are the legal issues that require an attorney?

Some common situations when you may want to hire an attorney include: 1 Starting a business 2 Protecting an invention or trademark 3 Considering divorce 4 Evicting a tenant 5 Getting arrested or being served with a court notice 6 Being involved in an accident that caused harm 7 Experiencing personal property damage 8 Buying or selling a business 9 Writing a will or estate planning 10 Facing citizenship or immigration issues

Who runs NoExam?

Jonathan Fritz, who runs, NoExam, a life insurance brokerage that is 100% digital, with all employees working remotely, discovered about a year ago that one of his sales agents was soliciting the firm's customers on behalf of another company.

Is it necessary to hire a lawyer?

When life gets legal, whether it's a DUI charge or a positive event such as adoption, it often makes sense to get a lawyer. But hiring a lawyer is not necessary ...

What is a family law attorney?

A family law attorney may handle primarily divorce cases, or even specialize in custody disputes. Lawyers also differ in the way their respective firms are structured, ranging in size from single-attorney practices to large, multi-state (or even multinational) firms with thousands of attorneys on staff.

Can a judge appoint an attorney?

The court will appoint an attorney to represent you if you cannot afford one. That is your right under the law, and it is the judge's duty to protect your rights. If you qualify for a court-appointed attorney, the judge may assign a lawyer known as a public defender to take your case.

Do you have to have an attorney in Oregon?

In Oregon, if you are charged any crime, you have the right to be represented by an attorney. Criminal cases are complex and technical, and you will be facing a prosecutor with extensive legal training and experience. Although defendants sometimes wish to represent themselves, to do so in a criminal case is unwise.

Can you pay a lawyer in Oregon?

Under Oregon law, you could be ordered to pay a fee for your court-appointed lawyer even if you are found not guilty by a judge or a jury. Two of our most important rights are the right to a fair trial and the right to an attorney. Because of the complexity of the legal system, a fair trial is almost impossible without proper legal representation.

What is the duty of a public defender?

The duty of a public defender is to defend people who cannot afford to hire a lawyer. Sometimes a public defender may not be available. In such a case, the court will appoint a private attorney to represent you. The private attorney is then paid with public funds like the public defender. When a public defender or other attorney is appointed ...

How Do Lawyer Fees Work?

In many cases, personal injury lawyers work on a contingency basis. This means that they only get paid (typically a percentage of the settlement) if you win your case. There are no up front costs, and you pay nothing out of pocket - though your claim may not be eligible for representation.

Finding the Best Attorneys?

There are several sources you can use to find a good attorney. Friends, doctors, online directories, the state bar, and other sources can point you in a certain direction, but there are no guarantees that they will refer you to a good one.

What About Lawyer Ratings?

It is common to see or hear personal injury attorneys advertising on T.V., on the radio, and in the yellow pages. Additionally, there are a number of online ratings services like avvo which attempt to rank local attorneys and weed out the bad firms based on client feedback.

Do Different Types of Cases Require Special Lawyers?

Yes, most definitely. U.S. law is tricky, and especially dense, specialization in a legal professional naturally results. Specialization in law is common and you would not want a medical malpractice lawyer handling your divorce case.

What Questions Should I Ask Before Choosing to Sign (Hint: The Best Lawyers Should Have Answers)

This will depend on your specific case, but here are some generic questions to get you started:

Final Questions Commonly Raised By Concerned Clients

Yes, as this is the best way to protect your rights. Most attorneys use a short and simple agreement, but be sure to read the whole document and ask questions if anything is unclear to you - it should clearly outline the terms of representation, fee arrangements and any obligations agreed to.

Do employers have to abide by anti-discrimination laws?

Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing a job ad, to interviewing, to the final selection of the candidate to be hired. Download FindLaw's Guide to Hiring [pdf] to keep a handy guide to your rights in the hiring process. Note: an employer may discriminate on some bases if ...

Can an employer discriminate against a job applicant based on race?

Under federal law, an employer cannot illegally discriminate in its hiring process s based on a job applicant's race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on factors such as the sexual orientation of a job applicant.

How to apply for unemployment benefits?

Whenever an employer seeks to hire a new employee, there are a variety of things the employer must do before the new employee may begin work. These steps include: 1 Obtaining a federal employment identification number for each new employee, from the Internal Revenue Service (IRS). 2 Registering with their state's employment department for payment of unemployment compensation taxes for each new employee. 3 Setting up employee's pay system to withhold taxes to be paid to the IRS. 4 Obtaining workers' compensation insurance. 5 Preparing an Illness and Prevention Plan for the Occupational Safety and Health Administration (OSHA). 6 Posting required notices in the workplace as required by the Department of Labor (DOL). 7 Assisting employee with registration for employee benefits. 8 Reporting federal unemployment tax to IRS.

Clients who pay for their own representation can fire their lawyers, but practical considerations may get in the way

Clients who pay for their own representation can fire their lawyers, but practical considerations may get in the way.

Question

My lawyer doesn't seem to be very interested in my case. I'm worried that he is not representing me as best he could, and I'll be the one paying the penalties for it. Can I change lawyers after I've hired one?

Answer

Defendants who hire their own attorneys have the right to discharge them without court approval. Whether the breakdown in the relationship is due to failure to communicate, disagreement about strategy, or something else, a defendant does not need to show good cause or even justify the decision to discharge to the lawyer.

What is the role of a trial court?

A trial court has inherent power to issue and enforce orders that “aid in the exercise of its jurisdiction, in the administration of justice, and in the preservation of its independence and integrity.” Such power has existed in common law courts for centuries, and “it is beyond dispute that lawyers are officers of the court and that the courts have the inherent authority to regulate their professional conduct.” More importantly, courts have a duty to protect the rights of all parties to the litigation.

Why did the defendants move to dismiss the complaint?

The defendants moved to dismiss the complaint because a majority of the LLC’s governing authority—the four members—had not authorized the suit on behalf of the company. The Street Star Designs, LLC board was deadlocked two-to-two.

What is Rule 12 motion?

The second member also files a Rule 12 motion. After hearing the motion, the trial court should hold that the company’s attorney had no authority to represent the company, bar that attorney from appearing, and strike the lawsuit, leaving the second member as the plaintiff on his derivative claims.

Can a shareholder file a derivative claim?

Individual members or shareholder may, of course, file derivative claims on behalf of the company against officers, directors, and other shareholders. While the company is usually required to be named as a nominal defendant on those derivative claims, it is the actual plaintiff. “A shareholder derivative suit is for the benefit of the corporation. Although a party joins a corporation as a nominal defendant, the corporation is actually a nominal plaintiff because any recovery inures to its benefit.” Especially when the derivative claims charge serious wrongdoing against the company by the officers controlling the company, the company as a party and the attorney representing the company must remain neutral regarding the dispute.#N#In Providential Investment Corp. v. Dibrell, the court held that the company could not appeal a judgment for the plaintiff in a derivative suit that resulted in a receiver being appointed over the company, because the “judgment is in its favor, not adverse to it. A party on appeal cannot complain of action by the court that is favorable to it.” The Dibrell opinion cited the New Jersey Chancery Court opinion of Solimine v. Hollander, which held that “where directors are charged with misconduct in office and are sought to be held accountable, the corporation is required to take and maintain a wholly neutral position, taking sides neither with the complaining stockholder nor with the defending director.” The Minnesota Supreme Court in Meyers v. Smith—also cited as authoritative in Dibrell—struck a corporation’s answer which contested the derivative claim on its merits:

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

Situations When Attorneys May Help

See more on legalzoom.com

Protect Yourself from Future Issues

Prevent Damage to The Business