Understand Your Rights. Solve Your Legal Problems
A significant number of personal injury claims are settled before a lawsuit is necessary, and even after a lawsuit is filed there is a significant chance that you will not need to go to trial. However, there are instances when a trial is required, whether because you are unable to reach an agreement with the insurance company at any of the number of opportunities that you have had, or if you believe that you will benefit from having your case heard by a judge and jury. There are other reasons why a personal injury case may also need to go to trial, but these are all best left between you and your attorney in order to develop a strategy and keep moving towards your goal.
Hiring a personal injury attorney in one of the best things that you can do from the start of a personal injury case, well before a lawsuit is filed, and preferably before you even initiate your claim with the insurance company. The more time that you have an attorney representing you, the more opportunities they will have to reach a settlement agreement and help you to avoid a trial. There are, however, many times when you and your attorney will realise that you must go to trial. Learn more about your own specific chances of a settlement versus a trial by contacting an attorney as soon as possible.
Many people who are not familiar with legal proceedings may confuse a lawsuit with a trial, which are, in fact, two very different things. A lawsuit is an act of officially registering a complaint with the courts, but there are many steps between filing a lawsuit and actually having your case heard in trial. In fact, some estimates claim that only 2% of lawsuits actually result in a trial, with the other 98% being settled before.
A lawsuit is an act of officially registering a complaint with the courts, but there are many steps between filing a lawsuit and actually having your case heard in trial.
Before trial, you will have gone through a discovery phase where each side of the case interviews relevant stakeholders in the situation, including medical professionals, eyewitnesses, victims, and anyone else who has a central involvement in the accident, the resulting injuries, and the ongoing disagreement on compensation between the plaintiff and defendant. Typically if a case must go to this phase, it is possible for new information to arise that will further encourage one side to settle, therefore avoiding trial.
Before a trial can commence, there must be a jury selected to hear your case and make a determination. Your attorney will be able to select and deny certain jury members based on possible biases so that you can avoid having a jury that is going to be skewed in one direction or another. The defense will also be able to select or deny possible jurors for the same reason.
A trial is when you present your case to a judge and/or jury, including all of the evidence, history of negotiations, information gathered during depositions and interviews, expert testimony, and more. Depending on the complexity of your case, presenting this evidence and information may take 30 minutes, or it could take days or weeks. You will be able to set your expectations with your attorney before showing up for your first trial date.
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After both sides have gone through all of their evidence and made their final arguments, the jury will make a determination and the judge will then provide guidelines based on the decision. You may be able to appeal the ruling if you disagree, but this will in many ways restart your case, meaning that you will need to go through much of this process all over again. You and your attorney will know how to proceed either way.
In today’s highly competitive market, a well designed website is absolutely vital for every business, including law firms. Your website sets the tone for how a client will expect your service to be. If you have a poor website, a client will instinctively think that you will provide poor legal representation. With so much competition, you cannot afford to overlook the importance of website design.
Here are seven common website design mistakes that law firms make.
Almost all potential clients these days will have visited your website before you are even aware of their interest. Whilst it is absolutely vital that your law firm has a website for potential clients to visit, it is very important to understand that not just any old website will do. You cannot simply list the name of your firm, a contact number and address and expect new clients to call you or turn up at your office. A good website will make an immediate good impression, whereas a bad website will send potential clients elsewhere.
Your website must be simple, informative and user friendly. A cluttered unprofessional website will suggest a disorganised unprofessional service. Your website is a reflection of your firm and it is always worth investing time and money into its design. Hiring expert website designers is the best way to make sure that your website is maximising your potential to attract new clients. You will find that this service will prove beneficial in increasing traffic to your website. Once you have more visitors, it is vital that your website is a good advertisement for your firm in order to turn visitors into clients. A solid investment in an effective website is always worth the initial outlay and will pay dividends in the long run.
Your website is a reflection of your firm and it is always worth investing time and money into its design.
The third mistake that law firms make when designing their website is overlooking the importance of Search Engine Optimization. SEO employs strategically placed keywords within the content of your website to lift it higher in search engine rankings. An SEO strategist will determine which keywords and how many of them you need in the content of your website to make sure your firm is near the top when people are searching for the kinds of legal service you provide. As there is likely so much competition that you must compete against in your area, this can give your firm a major advantage.
It is so important that a visitor to your site can immediately see the type of legal representation that your firm offers. If you are work injury lawyers that operate in Houston, Texas, make sure that is clear within the first few seconds of visiting your site. Put yourself in the shoes of a potential client, visiting your site for the first time. If they immediately recognise that you provide the service they need, they will continue reading, but if that isn’t made abundantly clear, they will go somewhere else.
Before anything else, most people who are seeking legal advice will ask people they know for recommendations of lawyers that they have used in the past. Client testimonials on your website work in the same way as word of mouth recommendations and help show potential clients that you have a successful track record and happy clients. Two to three well highlighted testimonials are a key feature of every successful law firm’s website.
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Because the majority of us are not used to legal matters, the weight of upcoming legal procedures can weigh heavily on our minds. You want to create an atmosphere of safety and trust from the very first moment a potential client visits your website. One good way to do this is by offering free initial consultations via message which will allow clients to learn about your rates and feel comfortable in dealing with your firm.
If you don’t check out the competition’s websites, then you cannot know what you are up against. If you are aware that there is a successful law firm offering the same services as you, do some research and try to determine what is working for them and how you could implement it into your website design. There are many online lists where you can look at award winning website designs and these are excellent resources for ideas and inspiration to make your website as effective as possible.
A well designed website is the most effective way to attract new clients and to keep their interest piqued. The most important thing you can do is to look at your firm’s website subjectively. Put yourself in the place of a person who needs legal counsel and is visiting your website for the very first time. Tailor your website to their needs and it will be a good sign that your services will be tailored to them also.
Marketing a law firm is quite a unique form of promotion, because the law firm represents a completely different type of product to anything else on the market and therefore attracts a completely different type of client. In this article, we want to show you some useful tips for improving your legal marketing in 2020 making your law firm thrive.
Whether you are looking at implementing small changes or completely overhauling your marketing strategy, the chances are this is something that will need financing. If this sounds familiar, you might want to consider using a website such as NowLoan as a way of comparing financial products to benefit your legal marketing.
Below are some tips on how you can make the most out of marketing this year.
By creating a solid brand, you are much more likely to attract clients. You want to be able to show the potential client that you are a trustworthy, valuable and quality service which aims to give them an amazing experience, no matter what their needs.
It is important also to establish the main point of your law firm – family, financial, criminal, etc. This will give your clients a clear picture of what you are offering and also tell them what sets you apart from the rest.
Once you have created a solid brand, clients will recognise your firm and associate it with all the positive aspects for which your brand stands.
By creating a solid brand, you are much more likely to attract clients.
In 2020, we are well into the digital era and the use of online tools such as social media and email is crucial to the marketing of any business. This is especially true for legal marketing. At the moment of realising that they need legal assistance, a client will likely turn first to the internet. By having an attractive and easy-to-use website and social media pages, your law firm will pretty much market itself.
In order to create the best marketing strategy, it is important that you are aware of who your client is. For example, if you are running a family law firm, might your client be a woman looking for legal advice surrounding custody of her children? What are her needs? What is her financial situation like? How is she feeling? By understanding your client, you will be able to appeal to them much more easily.
Nothing comes for free and if you want to achieve the best success when working on your legal marketing, it is vital that you are willing to inject a little cash. So much more can be achieved when you properly finance any venture and marketing is no exception. You should set a marketing budget and stick to it, and as we mentioned earlier, using an online specialist service can give you a massive advantage when it comes to finding the right financial product for your business.
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It is always important to monitor your marketing success and be willing to adapt. If you notice that one form of marketing is working wonders whilst another is bringing in no leads at all, it is worth reconsidering how you do things. In this modern-day, things are always changing and it is important that you go with this.
Legal marketing is in a league all of its own and so it is important to make sure that you have a good strategy in place. You might decide to pay more attention to properly branding your law firm or you might start checking out some of your financial options online. But whatever you decide, it is important to always be adaptable and keep on top of your marketing results.
The legal sector’s standards appear to be creating a ripple effect as firms’ strict standards is filtering down into their supply chain. This in turn adds greater value, excellence and expertise back into the profession. The legal sector is setting the benchmark, but it’s reaping the rewards too. Here, Claire Smith, Head of Business Development from telephone answering and live chat provider Moneypenny, explains more.
There is no denying that in the face of a skills shortage, firms have to change the way talent is developed, recruited and retained. In strategic terms this means overhauling the recruitment process and reconsidering a firm’s ‘employer’ value proposition which is no easy feat. But despite the challenges this presents, the sector still has an exceptional reputation for its exacting standards and expectations when it comes to recruitment.
Professionalism, expertise, resilience, sector awareness, tenacity, technical excellence and efficiency define the sector. It’s these qualities and standards which are infiltrating the legal supply chain. We’ve seen it in our peers and first-hand how it has affected recruitment.
Professionalism, expertise, resilience, sector awareness, tenacity, technical excellence and efficiency define the sector.
Any business representing another has to do it with care, finesse and professionalism, but in the legal sector this requires heightened attention to detail. They have to match, if not exceed, a firm’s standards. For us, this meant employing receptionists that a firm would feel comfortable allowing to speak to their most important clients. Outsourcing can be an exercise of trust. Any business who has worked with another, will know exactly how unpleasant it can be when a partner-business has less-than-ideal standards. But moreover, we’ve found that those companies who operate in a legal space are as slick and professional as the firms they work with. And it’s almost always credited to the people they hire.
How can businesses who work in the legal sector ensure their recruitment standards chime with firms? By replicating the multi-stage recruitment process that many legal firms use. Quite simply, we have to employ people that law firms would be prepared to recruit themselves and we have many clients who take a very keen interest in our recruitment process because of that. By replicating law firms’ standards, we give them an extra level of assurance – they know they’re getting the very best people and we’ve seen other suppliers into the sector, which include workplace consultants and cloud IT providers, taking a similar approach.
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Law firms should vet their suppliers as they do their employees to ensure they embody a firm’s core values and can add value. Many legal firms are undergoing a reinvention of sorts and they need to see quality innovation and partnership from the supply chain. The best way to guarantee that is to use the same rigorous standards applied to new recruits to suppliers too. The best suppliers will understand the importance of this and the need for due diligence. In fact, they’ll most likely be emulating legal firms’ recruitment standards and high expectations in their own businesses already.
Vicky Clark, co-founder and director at legal recruitment agency, BCL Legal, agrees. She said: “What we know with certainty, having worked in the legal recruitment for over 15 years and commenting on the current skills shortage, is that to attract the best legal talent, law firms must scrutinise. This ensures desired outcomes are met; without sacrificing high standards.”
A global talent shortage is putting firms under increasing pressure to recruit and retain the brightest and best talent and, perhaps unexpectedly, it’s helping to create a high-value supply chain too.
Press coverage is a hugely beneficial way of raising the profile of your business. But for heavily regulated industries like law, the thought of navigating this process puts many off. Firms rely on reputation, perhaps much more so than other businesses, and reputation can be destroyed in seconds with badly managed PR. So, how can firms harness the value of media coverage without falling into a PR pitfall? Nicola Kenyon, PR Manager at leading medical negligence firm Patient Claim Line, shares her tips below.
1. Control the conversation
From my experience, one of the biggest concerns that lawyers have when it comes to dealing with the media, is that their comments might be misreported or used out of context. This could not only have a damaging impact on the reputation of the firm, but also on their personal profile.
However, there are ways that you can ensure you have some control over the conversation you’re contributing to. I’ve found that written comments can be a good way of ensuring that the lawyer gets across what they want to say. This ensures that the lawyers are not misquoted or put on the spot, which can sometimes happen with telephone or face to face interactions, and it also allows the journalist to get direct answers to their questions.
Written quotes allow you or your legal team to take some time with your answers and control how you come across through the language you use. It also ensures that you have time to include all the information you need to. Sometimes in a quick phone call, it’s easy to forget. We’ve all been in a situation and it’s when you walk away that you think of all the things you should have said. Having time to put something in writing gives you the chance to really consider what you are saying. This way, there should be no surprises when the piece comes out in the media.
Also, don’t think the reporter is the only one who can ask the questions; find out as much as you can about the issue from the reporter so you know exactly what they are looking for.
Importantly though, remember not to panic. You know what you’re talking about – which is why they’ve come to you for comment.
Written quotes allow you or your legal team to take some time with your answers and control how you come across through the language you use.
2. Build relationships you can trust
Lawyers can be wary of dealing with the media for various reasons. The legal industry is heavily regulated and lawyers know too well of the potentially serious implications of their actions. However, journalists are not on a mission to sabotage lawyers who are acting as a source for their story. Journalists need their stories to be accurate, reliable and credible, so it is not in their best interests to fudge facts or damage valuable relationships with legal experts.
Try offering your expert opinion on a trending news story, or approach the journalist with ideas on a story about your case, and they’ll quickly see you as a useful, trustworthy contact.
Journalists are just people doing their job. They are being paid to come up with stories but just as with a lawyer’s reputation being built on the results of the cases they work on, journalists need their reputation to show that they do informative, interesting and, most importantly, accurate stories. They don’t want to publish inaccurate information. Equally, they don’t want to lose you as a contact so they won’t want to risk jeopardising the relationship. Let the trust grow.
Lawyers often want to have the final readback on the journalist’s piece before it goes live - but this is unreasonable. When you work with a journalist, you give them your comments to use in their piece. You cannot expect to have control over or input on the tone of voice, style or format of the rest of the piece. Journalists are often asked what angle they are taking. Sometimes, the angle develops the more they interview people so they may not reveal that for worry of it changing as the article progresses.
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Demanding a readback may even damage the relationship with the journalist, as this is just not how things are done. However, as long as you have followed the above steps and carefully considered, proofed and signed off your quotes, then there should be no need for a final readback. The same goes for making changes when the story goes live - it’s a pain for journalists to have to go back into their articles and change details, so make sure that the information you’re providing is accurate and you’re happy for it to go out.
The best thing to do is influence what’s written about you. Communicate well what you want to say and reiterate key points.
Not convinced? Check out this article from tech journalist Craig Guillot about why journalists don’t offer readbacks.
When journalists ask for legal insight and expertise, they’re asking for something that will add additional weight and credibility to their story. Make sure your comments are offering value, not just putting a spin on information that is already available. It needs to be new news! Consider the exclusive insight you could offer on a story - perhaps the impact of the story from a legal perspective, compensation figures or information that readers need to stop the same thing from happening to them. Be helpful and try to understand the angle of the journalist’s story, so you can provide the right information. Ultimately, ensure you are offering something that will enhance the piece. If you can’t offer additional value to the piece or have nothing new to add to the topic, then don’t comment. Journalists are time-short and the last thing they need is to hold out for a legal comment that is flakey and vague. For more advice on offering value and pitching to journalists, check out this great article published by PR Week.
Make sure your comments are offering value, not just putting a spin on information that is already available.
Journalists often have tight turn-around times for pieces, so it’s crucial that you stick to the deadlines that they set. Sometimes pieces may need to be published within 24 hours, sometimes journalists have weeks to work on a story. What’s important is that you’re realistic with your ability to stick to the deadline. It’s much better to turn down an opportunity because you know you can’t get the information in time, rather than to try to get the information and then let the journalist down. Reliability and honesty will allow you to build a relationship with the journalist so that they know they can call on you for legal expertise for pieces in the future.
When journalists ask for legal advice or comments for a piece, they’re looking for expertise - but that expertise has to be accessible for their audience in order for it to be of value. A great opportunity to get media coverage can be lost due to stuffy legal jargon and complicated descriptions. If the journalist can’t understand your points, then their audience won’t either. So always consider the publication’s audience when writing your comments. Mainstream news outlets and nationals may need more accessible, simple explanations to appeal to a wider audience who want to consume information quickly.
Whilst it may seem like you’re having to play by the journalist’s rules, working with the media creates mutually beneficial relationships. This partnership enables the journalists to get credible sources for their story, thus increasing their reader engagement, and allows lawyers to promote their skills, expertise or firm in a natural way that doesn’t seem salesy. Raising your profile or that of the firm is incredibly valuable, both in terms of your reputation and the firm’s. (For advice on how to measure and understand the value of PR, check out this useful article from Forbes). Whilst it can sometimes be difficult to justify spending the time on media requests, it’s important to recognise what this value translates into; more casework. A firm that has a strong profile in the media, garnered by employees sharing their expertise, casework and advice, is likely to bring in more casework, skilled lawyers and customers. So, never underestimate the importance of good media relations.
While the legal world grapples with the COVID-19 pandemic, the full impact of Brexit has yet to be fully assessed. Amanda Hamilton, CEO of National Association of Licenced Paralegals (NALP), offers Lawyer Monthly her take on the likely outcomes for the paralegal profession.
There’s no doubt that Brexit will have a knock-on effect for many different professions. I have friends and acquaintances involved in architectural design, architectural photography and construction and who have indicated that their business is already suffering. Many of their clients are EU nationals and they’re holding back work to see what will happen as a result of the UK leaving the EU. They may have a long time to wait since changes won’t happen immediately. Clearly, this will seriously endanger the survival of many such businesses.
Will there be a similar effect within the legal profession? That’s yet to be seen. Since we have a unique legal system in England and Wales, it’s probable that on a day-to-day level, Lawyers (and I include Paralegal Lawyers) will not be affected in the same way as other professionals mentioned above, since generally, they are dealing with matters relating to English Common Law. Of course, some law firms are multi-national and may have offices in EU locations and therefore, in such instances, there will obviously be changes to their daily operations.
As for the Paralegal Profession, it is likely that it will be business as usual, although in respect of EU nationals requiring assistance on immigration matters, these types of cases may increase. We have no idea at this particular moment in time what changes will be made and how soon they will be actioned.
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Since Paralegal Practitioners tend to take up the slack left by the virtual eradication of legal aid, and therefore, tend to handle the lower end claims and matters that solicitors are not able, or indeed not financially viable to deal with, it is more likely that they will not be affected.
At this stage we can only conjecture what may happen and since there will be EU nationals based in the UK who may be the recipients of negative attitudes and actions towards them as time passes, we could see an increase in the number of cases relating to racist behaviour, assaults and criminal activity, all of which may impact on the paralegal sector, requiring more qualified paralegals to step up to the plate to assist such individuals.
Of course, for those paralegals working in law firms which may have connections with the EU, there could be more of an impact. If such firms are going to be affected, then it is likely that the first victims of any economic consequences may well be paralegal jobs.
The difficulty that we find ourselves in within the legal sector is the same as everyone else in most sectors: we don’t actually know how Brexit will impact on us and how quickly or slowly the changes, if there are any, may occur.
Since Paralegal Practitioners tend to take up the slack left by the virtual eradication of legal aid [...] it is more likely that they will not be affected.
Within the legal process itself and the court system in England and Wales, we are self-contained in that we have our own appeal hierarchy which will not change. As we currently stand, the European Court decisions still bind all British courts on matters relating to European Community Law.
However, a statute first proposed as The Great Repeal Bill in 2016, was given Royal Assent in June 2018 and is known as the ‘European Union (Withdrawal) Act 2018’. The statute will do several things: firstly, it will repeal the European Communities Act 1972 which provided legal authority for EU law to have effect as national law in the UK. Secondly, it brings all EU law onto the UK books meaning that all EU law implemented over the last 40 years or so while the UK was an EU member will continue to apply after Brexit, making it ‘EU retained law’.
EU law has covered such areas as worker’s rights, environmental regulations and the regulation of financial services. These have already been integrated into our legal system and so to withdraw them would cause uncertainty and confusion.
It is becoming apparent that many areas of our legal system and daily lives have been positively affected by being a part of the EU. Our working lives have become better through human rights legislation and employment rights and we cannot ignore the input that the EU has provided over this long period of time.
What will be telling, is where we go from here. The question we need to ask is: Will we completely ignore elements of legislation coming from and implemented by the EU and do our own thing, or will we be guided and look to the EU and implement similar legislation but in our own way?
Driving a six-wheel truck on the road is quite challenging. Any truck accident could result in severe injuries and damages, and only a truck accident lawyer can help make claims. Because of this, a person who is a victim or found at fault in a truck mishap should seek professional help from a lawyer who is well-versed in truck accident cases.
Here are some of the many benefits that hiring a truck accident lawyer can bring.
The best person to represent you in a truck accident case is a lawyer. A truck accident lawyer who has years of experience handling truck accident cases can deal with any insurance provider. As you probably know, insurance companies also have their expert legal team, and they will try to reduce your compensation or even deny your claim in every possible way.
Here's how a truck lawyer can help when dealing with a truck insurance company:
A truck accident lawyer will present all possible evidence to prove the validity and strength of your claim.
In personal injury law, a truck accident is a catastrophic injury case. While you seek medical attention for your injuries and repair for damages caused by a truck accident, a truck accident attorney will handle all the legal technicalities of your case. From gathering the pieces of evidence to filing your claim, a truck accident lawyer will ensure that no legal aspect or requirement is missed out.
For someone who didn't study law or is not familiar with personal injury law, these legal technicalities are hard to understand. That's why handling and submitting a truck accident claim should always be through a truck accident lawyer for your peace of mind.
Here are some legal technicalities of a truck accident case:
While you can always represent yourself and file a claim on your own, any uncertainty down the road should prompt you to hire a truck accident lawyer to pursue your claim. Only a truck accident lawyer, who is experienced in handling truck accident cases, can understand all law-related clauses covered in a truck insurance policy.
A truck accident lawyer will ensure that your legal rights are protected and that you fully understand the nature of the case in simple terms that one can clearly understand. A truck accident doesn't only involve physical injuries, damage to the vehicle, or possible loss of employment or earning capacity, but also linked to emotional trauma and long-term disability.
Here's how a truck accident lawyer can safeguard your legal rights:
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The benefits of hiring a truck accident lawyer include having someone to legally represent you to negotiate with the insurance company or take the matter in court. Of course, an experienced truck accident lawyer can help you understand the due process and all aspects related to your case, including handling all legal technicalities of a truck accident case.
Following a recent High Court ruling, cryptocurrency, such as Bitcoin, can now be classed as ‘property’ under English Law.
This landmark decision, which provides judicial recognition to the property status of cryptoassets and allows them to be the subject of proprietary injunctions, is particularly important for English cyber insurers and cryptocurrency owners, who now have a greater level of security regarding how the English courts will treat cryptoassets. This is likely to provide more market confidence in such assets, potentially leading to a parallel growth in the use of cryptocurrency to pay for goods and services. Law firm Shakespeare Martineau's David Vaughan and Sneha Nainwal, international dispute resolution partner and international dispute resolution associate, offer Lawyer Monthly some insight into this landmark ruling.
Cryptocurrency is a type of cryptoasset. Essentially, it is a digital asset designed to serve as a medium of exchange by using encryption techniques to generate and verify the transfer of virtual currency. In simple terms, it is electronic money with no physical counterpart, with the most famous examples being Bitcoin, Litecoin and Ethereum.
Whilst widely used and traded around the world, most jurisdictions do not recognise cryptocurrency as legal tender. It remains a decentralised, self-sustained virtual currency that is not controlled by any singular entity and is subject to different regulatory frameworks depending on the jurisdiction in question.
Similarly, the fact that it is intangible has also led to uncertainty regarding whether it can be legally classified as property.
Whilst widely used and traded around the world, most jurisdictions do not recognise cryptocurrency as legal tender.
In November 2019, the UK Jurisdiction Taskforce (UKJT) published a landmark paper called Legal Statement on Cryptoassets and Smart Contracts, which provided an in-depth analysis of how cryptoassets should be treated under English and Welsh law. The paper concluded that cryptoassets, including cryptocurrencies, are capable of being recognised as property.
A few considered the paper to be progressive, yet not conclusive, as it only deemed cryptoassets as capable of being recognised as property, without holding that they unequivocally are. This aligned with some previous English decisions (where the High Court had granted a freezing injunction in respect of cryptocurrencies) which served only as a persuasive authority, but not a direct ruling, on the property related status of cryptoassets.
It is against this background that the decision in AA v Persons Unknown assumes key importance. It was in this case that the English High Court provided, for the very first time, a direct ruling on this controversial point, judicially recognising, and endorsing, the UKJT’s legal analysis of cryptoassets as property.
In this case, digital attackers used cyber ransomware to hack the database of a Canadian insurance company, before demanding a payment of $1,200,000 in cryptocurrency to provide the company with the decryption tool needed to recover the data. In the end, $950,000 in Bitcoin was paid by the company’s insurer (based in England) to the hackers to regain access to the system. The insurer subsequently made an interim application for a proprietary injunction to recover the Bitcoin payment made to the attackers. The significant question before the Court in order to determine the application for proprietary injunction was whether Bitcoin could be treated as property under English law in the first place.
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The Court considered UKJT’s legal statement, and previous case laws, on the definition of property and its evolution over time. Holding the UKJT’s analysis as ‘compelling’, the Court concluded that cryptocurrencies are property as they possess the key attributes of being definable, identifiable by third parties, capable of assumption by third parties and having some degree of permanence. The Court recognised cryptocurrencies to be a form of property and thus, capable of being subject to a proprietary injunction.
Historically, English courts have recognised only two forms of property – chose in action (right to possess something) and chose in possession (actual possession of something). The decision in AA v Persons Unknown presents a progressive judicial approach where the Court has classified cryptocurrency as property despite the fact that it does not neatly fit into either of the two forms. In line with the UKJT’s analysis, the decision manifests the ‘ability of the common law to stretch traditional definitions and concepts to adapt to new business practices.
This is also a progressive step towards instilling greater market and user confidence in the owners, traders and insurers of cryptoassets. Legal certainty and protection are vital when it comes to increasing the strength of an asset in the marketplace, making this decision a hugely positive step for the future of cryptocurrency and cryptoassets in general.
The decision is relevant to any industry that employs or recognises cryptocurrency as a form of value. Given the facts of the case, it is of particular relevance to the parties operating in the cyber insurance space.
From a legal perspective, the decision will also have a parallel impact on other associated fields of law, from cyber law and insolvency to IP, tax and succession.
The decision is relevant to any industry that employs or recognises cryptocurrency as a form of value.
It is important to note that this decision was given in an interim application, made without notice, and as such is not the outcome of a fully considered trial. However, it does provide essential legal guidance on cryptoassets, building a more stable image for cryptocurrencies, as well as giving much-needed protection to its users and other counterparties.
It remains to be seen whether this decision will provide impetus to further judicial rulings and legislation, domestic or international, on other pertinent issues concerning the wider status of cryptoassets and regulation of cryptocurrencies, but it is certainly a step forward.
If your loved one has suffered elderly abuse then not only do you want to stop the abuse, but your loved one may be entitled to financial compensation. However, only the abused person can consent to cooperate with filing a legal claim, and they may not want to because they are afraid. But you can take steps to file a lawsuit if you suspect there is abuse.
All facilities that accept Medicare or Medicaid must abide by strict guidelines regarding reporting and resolving nursing home issues. Speak to management about the specific staff members that you fear are harming your loved one. Be sure to document if you notice any retaliation from the staff member or a worsening of conditions of care in your loved one.
If you feel the problem is within management, you file a claim with your state’s Adult Protective Services (APS). You can also file a complaint with the state licensing board that allows the facility to operate.
Immediately! You do not want to delay in seeking legal counsel. The abuse will not only continue but may get worse. Additionally, if you wait too long, the defense will claim that if the suspected patterns or events were so egregious, then you would have filed the suit sooner. You also risk any evidence being destroyed, as abusers try to hide what they’ve done. Wounds, too, can heal. Nowadays almost everyone has a camera on their phone, so whenever you see cuts or bruises on your loved ones in a nursing home, it’s a good idea to get a picture of them in case you need it later.
Additionally, many states have a statute of limitations on nursing home abuse. This means you have a limited amount of time during which you can file your claim. After that point, no court will hear your claim.
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As soon as you witness any abuse you will need to report it. When you speak to your attorney, you will want to explain what steps you’ve taken thus far with management to find solutions to the issues. You will also want to provide the following:
Many attorneys who take on these kinds of cases also specialize in medical malpractice and personal injury cases and work on a contingency basis. Therefore, speak to your attorney if you have concerns about paying for legal counsel, but don’t delay because of the fear of attorney’s fees.
Your attorney has the resources and the power to conduct an investigation into the claims you’ve made. They will also help you prepare a draft of the complaint and file it with the clerk’s office. In this complaint, you will have worked with your attorney to gather sufficient evidence to support your allegations. An attorney will know all the important deadlines, what paperwork you need to fill out, and what supportive documents you can get. You don’t want to miss out on making a claim before the statute of limitations runs out, though you should ensure you are up to date with nursing home abuse law before your claim is filed.
When you’ve been arrested and charged with a crime, you will need an expert criminal defence attorney representing you in court. Many crimes are prosecuted aggressively in order to deter criminals. But by understanding the different types of defenses, and hiring the right legal counsel, you can possibly find yourself facing lesser charges, or having them dropped.
There are a few types of criminal defences that your attorney can use. The first one is alibi. Most people are familiar with this term from movies and procedural television shows, and they’re not too different in the real world. An alibi is when you have proof that you could not have committed a crime because you were not where the crime occurred during the date and time that it happened. Proof can be in the form of photographic evidence, witness testimony, or even plane tickets or other proof of travel.
An excuse defence is one where a crime is explained but culpability is not necessarily found in the person who committed the crime. An example would be a plea of insanity, which is when a defendant is unable to communicate or understand their attorney or even others in a rational way. Their actions are not justified. Rather, they are excused.
Justification defences are called when there was a threat to you, your property, or your family, that required you to respond. For example, if you broke a law because you were under the threat of physical violence, and you can prove it, then your lawyer will consider the duress defence in your specific case.
Lastly, there are procedural defences. These are when the actual procedures of the arrest of gathering of evidence are called into question. For example, if you were administered a blood alcohol content (BAC) test and received a questionable determination resulting from the mishandling of the evidence by the police, then you may be able to use that as a defence. In the US Constitution the 4th Amendment states that no citizen should undergo unlawful search and seizure. However, people’s fundamental rights are often violated, and if you believe that you have been victimised, then you will need to speak to an attorney right away. You don’t want to delay, as that may complicate your case.
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Being charged with a crime and/or convicted of a crime will have serious, long-term consequences on your life. Mainly, it can affect your chances of getting a job or keeping the one you have, getting an education, keeping custody of your child (if applicable), and can even lead to deportation if you are not already a U.S. citizen. It is very unwise to represent yourself in court, even if you think your case if very straightforward and that your defence is obvious. Prosecutors will fight aggressively for you to receive the harshest punishment possible. That’s why you need to hire an experienced, successful attorney to represent you. But you may want to think about the kinds of advantages you’ll have if you hire someone who has experience as a prosecutor, who will be familiar with the types of arguments you will face. Of course, you will also want to schedule your consultation right away.
