7 Types of Law
This is a writing sample from Scripted writer Christopher D. Reid
Personal Injury Law
You are a safe driver. You are alert and conscientious when on the road, and you take all measures to avoid an accident. This is not an attitude and practice that is shared by everyone. Some drivers are so dangerous that they should not even be on the road. If you have been injured in an accident caused by the recklessness, inattention, or negligence of another, you do have legal options.
Why You Need a Lawyer
A car accident is a violent and dis-orienting event. After such a collision it will take you some time to refocus. Once you have regathered your wits, you should check yourself and your passengers for serious injuries. You must then call emergency services. You should exchange personal and insurance information with the other driver, but only if you are up to it. If you feel dizzy, sick, or in serious pain, you should wait for the ambulance to take you to the hospital.
As you recover, you should also think about your future. At some point, you will need to report the accident to your insurance company. But before doing so you should speak to a personal injury lawyer. Your insurance company will look after its interests; your attorney will look after your interests. You should be fully briefed on your policy holder rights before you speak to an insurance company representative.
If it is established that the accident was caused by the other driver, then representatives of their insurance company will contact you. They may even offer you a low-dollar settlement figure. You should immediately refer them to your attorney. You should commit to nothing until your lawyer has had a chance to review the settlement offer.
If the settlement covers your medical bills and lost income and gives you reasonable compensation for the physical and psychological turmoil you’ve endured, your lawyer may advise you to accept it. If the money falls well short of this, then your attorney will press for more. If the insurance company doesn’t budge, then you will need to file a lawsuit.
Impact of a Serious Vehicle Accident
A severe car accident can put you on your back for months. You will need to undergo a series of
invasive surgical procedures and spend more time in convalescence. This costs money, and if you are not earning any the bills will continue to pile up leaving you financially stranded.
Injuries from the accident may leave you with a permanent disability. This could cost you your livelihood and lead to the ruin of your family. Indeed, accident-related stress is a significant problem. And if you find yourself in such a situation, the person whose recklessness caused it should be held accountable.
What a Lawyer Can Do
Filing a lawsuit gives your attorney the power to subpoena insurance company documents and depose its employees. Insurance companies try to minimize the amount of money they must pay to claimants through legally dubious tricks and schemes of various sorts. Your lawyer will dig deep and uncover the trail of evidence that led to the unjust decision to pay you fairly for the injuries you have sustained. Your lawyer can then bring the insurance company back to the negotiating table and pressure them into offering an adequate settlement.
Criminal Defense Law
Being arrested is a terrifying experience. It can make you feel isolated and hopeless. When the police take you in for a crime you did not commit, you may feel that the world is closing around you. That is what the system was designed to do—to intimidate you and weaken your resolve. The thing you must bear in mind is that you are innocent until proven guilty. You must also remember that you have a right to remain silent; that you do not have to say or do anything that may incriminate you.
Your First Call
The first and only person you should speak to after an arrest is your lawyer. You should hold out against all police attempts to get you to cooperate with their investigation until you speak face-to-face with your attorney. Once your lawyer arrives, they will advise you on how to respond to police inquiries and requests.
If You Have Been Arrested for DUI
Driving under the influence of alcohol or drugs is a serious offense. Most states have laws that give police tremendous power to detect offenders and arrest suspects. In most states, by accepting a driver’s license you waive your right to decline a breathalyzer. Law enforcement can order you to take one at any time for any reason. If you refuse, they have the legal authority to arrest you.
This does not mean that the police can treat you any old way. They are still bound by rules and regulations when it comes to stopping your car and assessing whether you are under the influence of a controlled substance. If you believe that the police acted improperly or that some other aspect of your civil liberties was violated, you can fight their attempts to charge and convict you of DUI.
Before the Arrest
If you have been stopped by police, you must be given a reason. Any failure on their part to clearly explain why you have been pulled over and what they need you to do can constitute police misconduct and can lead to a violation of your rights. You should always note the name and badge number of the officer who stopped you.
Fighting the Charge
If an officer has stopped you on suspicion of DUI, they can order you to take a breathalyzer test. No other form of testing—e.g., walking in a straight line or following their finger—is legally admissible. If your arrest was based on some other kind of roadside test, it will not stand up in court and your lawyer will fight to get the charge thrown out.
However, not even a breathalyzer is perfect. Your lawyer will have the device used on you examined and evaluated by an expert. The machine the police used may have had defects, been out of calibration, or had some other technical failing. Your lawyer will look at and challenge aspects of the case—from the stop, to the test, to your arrest—and force the prosecution to defend itself in each instance.
A DUI arrest is not the end of the world. If you have been wrongfully arrested for this crime, your attorney will ensure that you get justice.
Real Estate & Contract Law
If you are in the market for a house, a property, or undeveloped land, then you probably have some sense of what you want and the amount of money you are willing to pay. However, you will need help with the process of purchasing it.
Why You Need a Real Estate Lawyer
Real estate law governs the rules and regulations that determine who can own and use the land. It is one of the most complex bodies of law and you need someone with insight and expertise to guide you through it.
Real estate may be residential or commercial. It can be owned by one person who can lease or rent it to others. Transactions involving the sale and purchase of land must be properly recorded. State and local governments have rules that regulate the purposes for which land can be used. Zoning laws and environmental protection regulations determine land use in certain areas. If you are to stay on the right side of the law, then you must have a real estate lawyer by your side as you buy the land and enact your plans for its use.
A real estate lawyer is also helpful in purchasing a home. Your lawyer can review the house’s transaction history and title to ensure that it can be sold. This is an important step. If the person who has put the house on the market is not the true owner and has not been authorized to sell, it can create a serious problem. Your lawyer will do the research necessary to neutralize this issue.
An attorney can also advise you on your mortgaging options. They will review the contract of sale and ensure there are no loopholes that will work to your disadvantage.
Contract Law
This is another area of law that is complex and requires the advice and guidance of a specialist to navigate. Contracts law touches nearly every aspect of life. It is not something that most people actively think about, but buying property, taking out a car loan, accepting a job offer, and agreeing to the terms and conditions of a service, even those online, are all contractual acts.
Most contracts can be entered and exited without the intervention of a lawyer. However, a lawyer may be needed if one party fails to perform its legal obligation. Breach of contract is a solid basis on which to sue for damages.
Legal disputes also arise when contracts are not written clearly. If you have signed a contract and later discover the terms were not as clear as they should be, then you may need a lawyer to help protect your interests. You may also need an attorney if the company that owes you money has gone out of business or has failed to fulfil its promises.
When to Call a Contracts Lawyer
If you are uncertain of your legal obligation in a contract or the obligation of another party, then you should call a contracts lawyer. They can advise you on the best action to take.
Divorce & Dissolution Law
Divorce is one of the most painful things anyone can go through. When you married, you thought it would last forever; you believed that you would build a home and a life together with the person you loved most in the world. Things did not turn out that way. And the dissolution of your marriage has left you stressed, strained, and in utter despair.
These are natural emotions and you should neither fear nor try to suppress them. However, you cannot allow your feelings to dictate your actions. You have concrete interests at stake, and you must defend them. The settlement you reach with your ex on child custody, child support, and alimony will determine the quality of the life you will have in the future.
Child Custody
Your child is the most important person in your life. You must do all that is necessary to protect their welfare and well-being. If there is no doubt in your mind that your ex is a good parent and that their presence is needed in the life of your child, then your lawyer can work with your ex’s legal team on a shared custody arrangement. You may be best placed to be the custodial parent. However, a shared custody agreement will ensure that your ex has easy access to your child and gets to spend an equitable amount of time with them. It also ensures that you both have an equal say on all major decisions regarding the child.
Things may become more difficult if your ex has abused you or child or has habits that will lead to the detriment of the latter. Shared custody is the default position of most family law judges. However, their main concern is the welfare of the child. If you have evidence that your ex is an unfit parent, you can present it and file for sole custody.
Child Support
Your ex has an obligation to contribute financially to the raising of your child. Different states calculate child support in different ways. However, in all states the non-custodial parent is held responsible for paying the custodial parent money to meet the expenses of the child. If your ex has a large income or extensive assets, they may try to hide them to minimize the amount of money they can be liable for. A child support lawyer will employ forensic accountants and other experts to hunt down every cent they own to ensure that it is counted in the court’s child support calculations.
Alimony
If you have been married over a certain number of years, you may be entitled to alimony. It is especially important to pursue alimony if you gave up your career to be a full-time parent and homemaker. Your lawyer can help you get the amount of money you are owed for the sacrifices you have made and the time and energy you put into the marriage.
Protecting Your Interests
If your marriage is ending, it is right for you to be distressed. That is why you need the help of someone who can help you work through the many material interests at stake. Retaining the services of divorce lawyer will help you protect your rights and interests.
Family & Juvenile Law
Having children is one of the most rewarding experiences in life. You do your best to nurture, educate, and protect your children. But sometimes this is not enough to keep them safe and to ensure that they get a fair shot at life. Legal issues involving children are some of the most difficult and highly charged. It is right for you to be emotional when it comes to the fate of your kids. However, you should not allow yourself to be guided by such feelings. Hiring a juvenile lawyer can provide you with the insight and expertise you need to protect your child.
Common Types of Juvenile Law Cases
Here are some of the situations that may require the services of a family lawyer who specializes in juvenile law:
1. Divorce
You must protect your parental rights after the divorce. Your ex will have their own legal team. You must ensure that your lawyer has the skill and experience to work out a custody arrangement that allows you to spend quality time with your child and be involved in their life. Even if you are not the custodial parent, you still have the right to be a present and nurturing parent.
If you are the custodial parent and believe that your ex is a danger to your child, then you will need a juvenile lawyer to help you get sole custody. These are difficult matters. You will need proof that your ex is abusive or indulges in practices or habits that are harmful to children. Such proof often consists of the testimony of the child, which requires a delicacy and skill that only an experienced juvenile lawyer will possess.
2. Child support
Both parents must contribute to the material well-being of the child. If you are the custodial parent, you should receive money to pay the expenses associated with the upbringing of your child.
3. Paternity
In most instances, proof of paternity involves the mother trying to secure child support payments from an absent father. If you need help getting a DNA test to prove that the man you are seeking money from is the father of your child, you can get help from a juvenile lawyer.
Juvenile lawyers also help men file for paternity tests in order to prove they are the biological father of a child so that they can establish a relationship with them.
4. Adoption and foster care
If you are a foster parent, aunt or uncle, grandparent, or close friend of the child’s deceased parents and you want to adopt, the process can be long and complex. Adoption laws vary by state, and many other factors come into play before a decision is made. You will need legal representation if you are to get through the process successfully.
Other Issues Handled by Juvenile Lawyers
Juvenile lawyers can also get involved in child abuse and protection cases. If you are a relative of a child who is suffering abuse at the hands of their parents, you can not only get the state to remove the child from a home in which they are in danger, you can also seek to have them live under your care and protection. A lawyer can help you do so.
Collections & Debt Collection Law
If your company specializes in lending loans to business, it is essential that you keep your books up-to-date and that your clients pay their bills on time. You may have established a process for collecting outstanding debt, and it may be effective most of the time. But there will always be accounts that require a special effort. A debt collection lawyer can provide you with the service and solutions you need to get the money that is owed to you.
Why You Need a Debt Collection Attorney
If repeated efforts to collect a debt have failed, you will need to turn to legal remedies. What you should not do is resort to ever more aggressive measures to get the money. In most instances, it will get you nowhere; and in some states, such tactics are illegal and can do you more harm than good.
Putting a lawyer on the case is more likely to lead to a positive result. Debt collection attorneys know how to use the law to get a delinquent account current.
Actions that Debt Collection Lawyers Can Take
Here are some of the legal methods your attorney can use to collect outstanding debt:
1. Bank account seizures or attachments
Enacting a lien on its assets or freezing the bank accounts of the company that owes you money is the most effective way to get them to pay it. These actions can be used as a remedy before a case goes before the courts and even after a judgment. They can maximize your recovery rate.
2. Real estate lien
If the company that owes you money has substantial real estate holdings, it is possible to attach a lien on them. This will prevent the debtor from transferring a title; and if they do sell property to pay off debt, it will force them to settle the account they have with you before anyone else.
3. Reach and apply
It is possible to reach through trusts, third parties, and other cloaks designed to hide assets to get your money. The debt collection lawyers you hire will employ forensic accountants and other specialists to track down all the assets owned by the company. They will meticulously assess the value of such holdings. Your attorneys will then file motions to seize or put a lien on these assets until their debt with you is settled.
4. Vehicle and property seizures
Debtor companies that maintain vehicle fleets can have them seized. This is an effective way of getting money that is owed to your company. The debtor company may own luxury vehicles, Humvees, or other valuable cars that can then be sold to pay off their debt to you.
5. Mechanics liens
If you are a contractor who has not been paid for your services, it is possible to request a mechanics lien on the company that owes you money. This is an effective way to put a lien on a portion of real estate without going to court. You can keep the lien on until the debtor has updated their account with you.
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