Understand Your Rights. Solve Your Legal Problems
Oftentimes, a solicitor will instruct a barrister, which means they seek their expertise on a specialist area of the law, or they will represent a person in court. Members of the public may also instruct a barrister themselves, provided the barrister is registered to do so.
If you know that your issue requires the help of a barrister, then continue reading as we discuss the steps to take when finding and selecting the right one.
Going through a solicitor
In many situations, a person needing legal advice will first enlist the help of solicitor, who may inform them that a barrister is needed. Solicitors will normally select a barrister on behalf of their client – this is usually someone who they have worked with many times before and who they believe will be best suited for the case.
Using a solicitor and a barrister is preferable for many people, especially in complex cases where additional assistance is required. The solicitor normally covers the transactional parts of the case, before it is passed on to the barrister.
When instructing a barrister without a solicitor, the client may have to do some of the legwork themselves, such as filing documents with the court, which can prove challenging. Moreover, not all work can be done by a barrister, so a solicitor is often necessary.
If you are unsure whether your particular case is appropriate for a Public Access barrister (one who works directly with clients, without a solicitor), then contact the barrister or their chambers to discuss your circumstances. You may be advised that it is best to enlist the help of both a solicitor and a barrister for your case.
It is against the rules for a barrister to act on behalf of a client through Public Access when they know the case is not suitable for it.
Hiring a barrister yourself
If you wish to approach a barrister directly for advice or representation, rather than going through a solicitor first, then there are several factors to consider. First, you must select a barrister who is allowed to take on Public Access (sometimes referred to as Direct Access) clients, as authorised by the Bar Standards Board. Not all barristers are authorised for Public Access, as additional training is required.
To begin your search, use the Bar Council’s direct access portal, which allows you to search the database for qualified barristers in specific locations and with particular practice areas.
It is important to also check the Bar Standards Board’s Barristers’ Register, which lists every barrister who is currently allowed to practice in England and Wales. Any barrister who has been disbarred or is not registered will not appear on the database. Bear in mind that in order for a barrister to give legal advice, they must have a valid practising certificate issued by the Bar Standards Board. This must be renewed once a year to remain valid.
Within the Barristers’ Register, you can find out key pieces of information regarding any barrister, including the year they were called to the Bar, which barristers chambers in London or elsewhere in the UK they may belong to, and if any findings of disciplinary misconduct have been imposed upon them.
Along with the Direct Access portal, there are other legal directories you can use to find a suitable barrister for your case, such as the Legal 500 and the Chambers & Partners Guide to the Legal Profession.
Choosing the right barrister for you
There are several elements to take into consideration when choosing a barrister, including their areas of specialism, services provided, and, of course, fees.
Areas of specialism
If you have decided to go down the Public Access route and instruct a barrister yourself, the most important aspect when choosing a barrister who is right for your case is to check their areas of specialism. Barristers practice in specific areas of the law, which means you should look for one who has the particular expertise needed to properly handle your case.
You can search online for a chambers which specialises in the type of legal work you need and then contact the Senior Clerk directly to find an appropriate barrister for your case.
Fees
It is important to note that if you approach a barrister directly, you cannot apply for legal aid, which is why many people choose not to use Public Access. However, some may find that instructing a barrister via Public Access can save them money, as they are only paying for the services of one party (the barrister), as opposed to two parties (a solicitor and a barrister).
Whilst there is no typical fee that barristers charge, they are all obliged to disclose information on their fees, including whether their costs are based on a “fixed fee”, or if they charge for services by the hour.
With Public Access barristers, you can find out what they charge for a particular service, making it easier to do your research and compare different barristers’ costs, which will no doubt be a major factor influencing your choice. It is up to you to decide whether a fee quoted to you is reasonable, or if you wish to continue looking elsewhere.
A barrister’s fees are usually determined by their experience level, how complex your case is and the length of time it will take to work on. All costs should be agreed upon before any work begins.
Service
Legal issues are a delicate matter and, understandably, you will want to work with a barrister who has an excellent level of client service, particularly if your case is quite sensitive. As such, spend time making enquiries and finding someone who is approachable, professional, a good communicator and whom you are able to develop a good rapport with.
As with any other service, carrying out some research and utilising online feedback platforms with reviews from past clients is recommended and can often help in narrowing down your search for a suitable barrister.
Negligence
It is a reality that many patients could be vulnerable to medical negligence. One example is when the surgical tools and devices utilized during operations were not properly sterilized thus putting the patient’s health at risk. Another form of negligence is when doctors operate on the wrong patient. Other cases involved newly born babies that suffered birth injuries due to some form of negligence committed by doctors or nurses assisting the mother and the newborn during delivery. Unfortunately, a lot of parents don’t ask help from a birth injury attorney thinking that doing so would only subject them to too much stress and that they prefer to focus more on caring for their child instead.
Fatigue, Alcohol, and Drugs
These are the three things that could impair a medical professional’s skills and judgment. Surgeries could last for several hours and doctors are left fatigued after performing several operations in a day. Substance abuse is real and research shows that some health professionals are also into it. And this increases their risk of committing avertable errors. A surgeon or doctor under the influence of alcohol and drugs should never handle a patient because it would only result in a medical catastrophe.
Lack of Preparation
It is important to give enough time and effort in finding the right doctor that could treat your condition. However, not all medical professionals have the intention of successfully treating the patient’s disease because some incompetent ones wouldn’t care to thoroughly review the necessary records. This can be compounded by the fact that some surgeons are not skillfully prepared for the known complications that could arise. Consequently, the patients are the ones who pay the price for their lack of preparation.
Failure to Properly Communicate
A doctor needs an entire medical staff to take care of even just one patient. Surgeons, doctors, anesthesiologists, nurses, and basically everyone involved in patient care needs to communicate efficiently with each other. Failure to properly communicate might result in medical practices such as prescribing the wrong medication or wrong dosage to the patient and other worse consequences. Communication problems don’t just occur because the staff were not able to completely understand the doctor’s orders. Any vital information that was ignored, misdirected or were not retrieved can put the patient’s life in certain jeopardy.
Lack of Organization
Patient care greatly involves collecting vital information that needs to be passed around, recorded and organized. This is why proper organization must be adhered to at all times. Add in the fact that mounds of data have to be processed in hospitals on a daily basis. Without proper organization, important data could be missed which may result in medical malpractice.
Unfortunately, despite the presence of law firms expressing their willingness and expertise on handling medical practices only 2 percent of victims were found to file claims for compensation. And, less than two percent were able to receive the right compensation for their suffering.
The practice is, of course, that of "loot boxes". These virtual boxes or packets, which people pay real money to open and get randomised rewards from, have been classed as gambling by the Netherlands and Belgium. The UK Gambling Commission, which oversees the nation’s £14.5 billion gambling industry, calculated that loot boxes do not equate to gambling, according to an article from iGaming Business, if the virtual items within can be unlocked by playing the game and not just through paying with real money.
As the UK Gambling Commission oversees, regulates, and manages the nation’s £14.5 billion gambling industry, one would assume that the buck stops with the world leader in gambling regulation. However, Electronic Arts, the company at the forefront of the backlash of loot box practices, has appeared in the UK Parliament to defend itself before the Digital, Culture, Media, and Sport Committee.
They’re not loot boxes, they’re surprise mechanics now
Speaking to the Committee that features Scottish National Party MP Brendan O’Hara, EA’s Kerry Hopkins claimed that loot boxes in their video games are “quite ethical and fun,” as reported by the BBC. Hopkins also refuted the claim that their virtual randomised packets were “loot boxes,” instead terming them as “surprise mechanics”, likening them to Kinder Eggs and Hatchimals. Regardless of what EA wants to call them or the false equivalence that they’d like to try to deploy, the fact is that the mechanics used in these games that are available to people of all ages are very similar to gambling games, which are strictly for adults by law.
With loot boxes, the player pays money in the hope of getting a virtual item that boasts a lot of value within the game’s virtual space. This way, they can gain an item that improves their in-game performance and/or can be sold in the game world for in-game currency. Either way, players are paying in money to get something better in return relative to the virtual prices established in the game’s virtual marketplaces. The clear comparison to make here is to slot machines.
In the world of online gambling, slots are by far the most popular game type because people put in a set value and hope that they get a larger amount in return. Not only are the randomised mechanics to try and win a larger value item very similar, so is the method of using real-world franchises to appeal to fans. Many of the slot machines at the online casino from Betfair are branded, like The Matrix, Justice League, and Ace Ventura, so that fans of those brands can play alongside their favourite characters. In EA Sports’ loot boxes, players are opening the boxes in an attempt to get their favourite athletes.
As explained in Kotaku’s examination of loot boxes, they are built on finely calibrated systems of chance to maximise anticipation in a way that’s not unlike what you might find at a slot machine. The difference between slot machines and loot boxes are that slots are specifically designed for knowing and consenting adults and, when created by reputable developers, they have been proven to be fair and random by third parties. On the other hand, loot boxes are deployed and sold in games often played by minors. To compete in popular game modes that feature loot boxes, most players are forced into buying loot boxes to get better, faster.
The practice of loot boxes is despised by much of the gaming community, and many are glad that EA is being put under governmental scrutiny. Despite the definition provided by the UK Gambling Commission, the UK Parliament will be examining these very reminiscent of gambling practices and the relevant ethical and practical concerns of their place in games below an 18 rating.
With greater numbers of tourists visiting Orlando every year, the odds of being in an accident increase every year. Drivers often have no idea what to do next. In the aftermath of a serious accident, it’s important for you to discuss your options with a personal injury attorney who represents the victims of car accidents. While hiring the right Orlando car accident attorney can seem overwhelming, it shouldn’t be. Take your time to do the proper research because a good lawyer can make a huge difference in your case.
There are few things to consider when you begin your search for an Orlando car accident lawyer. The process, albeit seemingly intimidating, is actually simple and important in securing the best possible person to represent you and your family. You can search for local lawyers in your area online, but you shouldn’t just pick the first result. There are two steps to finding an attorney with the experience to succeed:
As with any important decision, it is crucial that you do your research before hiring a car accident attorney. We see and hear ads for personal injury firms every day on TV and radio, but who can you really trust? Just because an attorney can afford TV commercials, does not necessarily mean that they have the legal experience to stand up to insurance companies and win cases in court. Look for these qualities:
You need to look for a lawyer with experience. Credentials, such as board certifications, legal awards, and peer ratings from other attorneys take time to accumulate and are strong indications that the attorney has been practicing for a while. Do not be afraid to request qualifications from your attorney.
Experience inside of a courtroom is critical. As with most things, practice makes perfect, and a lawyer who does not regularly appear in a courtroom may make fundamental errors when they enter that arena. While many car accident cases do result in a settlement, not all do. Find a lawyer who is capable of going to court for you if they have to. Also, verify that the lawyer has represented others with your type of case before.
Most car accident lawyers work on a contingency basis, but that doesn’t mean that you shouldn’t choose an attorney with care. Many firms will take numerous cases just to make a fast commission by settling them quickly. That is not in your best interest. Once your case settles, you’ll be sharing that settlement with your attorney. Find a lawyer who will pursue your case for the maximum possible settlement.
Nearly all car accident lawyers in Orlando work on a contingency basis, which means that they only get paid if you receive a settlement or jury award. You shouldn’t have to pay anything out-of-pocket. If your personal injury lawyer is asking you for a consulting fee, keep looking. There are many reputable law firms who only work on a contingency basis.
In the age of social media, word of mouth is more powerful than ever. We are constantly seeking the advice of friends and strangers when we need help in a situation. Don’t underestimate this when it comes to an attorney either! Find out if the person was satisfied with their lawyer, whether or not they communicated freely throughout the process, did they have the passion to follow the case through? If the answer to any of these questions is a “no,” you should probably be looking elsewhere.
In the unfortunate event that you do need a car accident lawyer in Orlando, the process of finding one should be as stress-free as possible. Hopefully, these tips will lead you in the right direction. Remember to do thorough research to find an attorney that is right for you and your case.
There is a lot of paperwork to fill out, and knowing what kind of patent to apply for is important. There are three basic types of patents: plant, design, and utility. If you have invented and asexually reproduced a new variety of vegetation, you would apply for a plant patent. A design patent is granted for an original ornamental design such as that of a coke bottle or a sock monkey. A utility patent is the most diverse kind of patent and is awarded to anyone who invents a useful product or comes up with a new methodology for accomplishing a goal in business or science. Your attorney can help you figure out which kind of patent is right for you.
Getting a patent can be expensive and time-consuming, so it is worth your while to do a little research before investing all that time and money. You want to make sure that your idea is an original one. Internet searches are one way to investigate if someone already had your idea. If someone has disclosed their idea on a public website, it is no longer eligible for a patent, because it is considered a matter of public knowledge. You may want to visit a historical library to make sure your idea is an original one. You will also want to do a patent search through the patent office, either online or in person.
You will want to document your product in a bound notebook and write your name and contact information on the inside cover, along with the date you began your project. Find a couple of people that you trust and ask them to sign on each page of your notebook to verify the date. It is a good idea to have witnesses that work in a similar industry so they can have a good understanding of your invention. Be sure to keep carefully organized files on your invention and have a separate file for each category of document.
Before meeting with your attorney, send their office a copy of your patent search and a one-paragraph description of your invention. Bring your notebook and any prototypes you may have to your first meeting.
Remember never to disclose your idea to anyone, except your witnesses. It is better to keep what information you can in your notebook, rather than on your computer, as information on your computer can be compromised.
A patent agent is an individual who is legally allowed to file patents for clients and assist them with the general patent procedure. He or she has passed the US Patent and Trademark Office's patent bar exam. However, a patent agent cannot represent you in court and he or she does not have a law degree, so they cannot help you in negotiating contracts. It is a good idea to get a qualified patent attorney in Fort Lauderdale to represent you. Solid planning and the right attorney can help make your great idea a tangible and marketable product.
*Authoritative sources https://www.floridabar.org/public/consumer/pamphlet021/ http://floridabusinesslicense.org/patent.html#.XLC3iuhKjIU https://www.law360.com/articles/1147757/4-recent-fed-circ-decisions-patent-attorneys-need-to-know
