What are Court-Appointed Attorneys?
In Pennsylvania, if you cannot afford to hire an attorney to represent you in a criminal case or a family law case, the Court may appoint an attorney to represent you. The appointed attorney’s job is to act as your lawyer in every way possible that the law allows. They will speak to you regarding the case, prepare for hearings and hearings, and negotiate on your behalf. A court-appointed attorney must follow the law and the ethical rules that bind a lawyer even though they are appointed by the Court rather than hired by a client.
Although the appointed attorney has all of the duties and responsibilities of an attorney hired by a client, they are not paid in the same way. When you hire an attorney you pay them directly. This means that you have a contract with them in which you agree to pay them for legal services. No matter what that contract says, you and your lawyer decide together how much he or she gets paid. In addition, you owe your private attorney their fee whether they are successful in your case or not; you don’t get your money back if you are convicted or if your case ends badly.
When the Court appoints an attorney, they still have the same duties and responsibilities as a hired attorney in most respects. However, the way they are paid is different. When the Court appoints an attorney to represent a person who cannot afford an attorney, who we will call a criminal "defendant" for this post, that defendant does not pay any fee to the lawyer. The lawyer, instead, bills their time to the county. The county pays the appointed lawyer a balance that is set by court rule.
For a criminal defendant, the amount paid is $60 per hour for all work in the case, subject to some very limited exceptions. For a family law matter like a custody case or a divorce, a parent/party who cannot afford a lawyer pays a fee of $10 per year until their child turns 18 or their case is finished, whichever comes first. The appointed lawyer must bill approximately $3,000+ worth of work to the county in order to be paid anything at all .
Remember, this is not a "scholarship" and failure to pay the court-appointed attorney $10 per year is a violation of local court rule that can result in punishment or other repercussions. However, know that no court-appointed attorney is going to stop working on your case if you fail to pay the fee that is due. Their bills to the county are "followed" by the Court, but not by your appointed attorney.
Generally, appointed attorneys are paid reasonably well for the important work that they do. Using the current rate, if a court-appointed attorney gets only $3,000 in fees, it is because they worked for about 50 hours (each case is different). That is a reasonable hourly rate, and in many cases the time worked is more than the court gets billed. Most of the appointed attorneys with whom I have spoken like having the opportunity to help people who cannot afford a private lawyer. However, a court-appointed attorney’s caseload is like an assigned public defender’s caseload. There are good public defenders with huge caseloads, and there are public defenders who just mark time due to their many cases. We all have those attorneys who say that it "isn’t their job" to negotiate and that they only "go to court." That attitude is not fair to the clients that they represent. Also, there are appointed attorneys who have too many cases and who do not have the time that they really should be giving to each case.
It is important to carefully consider your options before deciding whether or not to accept appointed representation. Additionally, if you have a case in which you would like to be represented by a private attorney but you cannot afford it, you may be eligible for court-appointed representation. If you are determined in your efforts to find a reliable and competent family law or criminal law attorney in Pennsylvania, you should reach out to that attorney and see whether they will waive their fee. Some private attorneys waive their fee in criminal cases that include the possibility of incarceration, and/or in family law cases that involve children. It doesn’t hurt to ask.
Defining a Non-Poach Agreement
Non-Poach Agreements are contractual agreements between two or more companies not to hire each other’s employees, regardless of whether any particular individual is specifically identified. For this reason, they are sometimes called "employee non-recruitment" or "no-poach agreements."
They are most often used in the technology industry, and several high-profile examples have involved large companies such as Adobe, Intel, Pixar, Lucasfilm and Intuit. However, non-poach agreements have also been encountered between companies in other industries, and they are not limited to agreements between direct competitors.
In this respect , a non-poach agreement may be used at any level of the employment contract. For example, employers may use non-poach agreements not only with their similarly-sized competitors, but also with larger companies, smaller companies, or even in the context of mergers and acquisitions.
As such, employers may enter into non-poach agreements with hiring companies, vendors, suppliers, subcontractors, staffing agencies, and others. Thus, employees’ ability to seek new employment opportunities with employers that are potentially outside the geographic restrictions of more traditional restrictive covenants, may be limited on an increasing basis.
What is a Real Estate Consulting Agreement?
A real estate consulting agreement is a common contract in the industry that outlines the specific services a consultant will provide to a client. These types of agreements can be used in any type of real estate transaction between any type of real estate professional or nonprofessional. It can take multiple forms depending on the circumstances and relationships at play. Real estate consulting agreements can be great options for individuals, groups or companies looking to save themselves time and effort in the long run. But these agreements are also crucial in protecting clients from less reliable consultants. For these reasons and others, real estate consulting agreements are essential to the industry.
The purposes of real estate consulting agreements are twofold. First, they create a legally-binding document that lays out the terms of the relationship between a consultant and client. Second, they allow a client to define the terms of the relationship in a way that best addresses their unique needs. In doing the first, the agreement is a legally binding and continuous record of the agreement between two or more parties. Perhaps the most important consequence of this is that it serves as evidence in case of a dispute.
When a client takes the time to draft a real estate consulting agreement , he or she has the ability to customize the terms of the agreement to meet specific needs. For example, the party seeking the consulting services may want the contract to contain specific terms, such as the property location, the length of time the consultant has to complete the project, specific price, compensation details, and so on. By the same token, the consultant may want to be protected from certain types of liabilities or seek assurances that the client has the financial means to support the project.
A real estate consulting agreement, if it is comprehensive enough, can address any number of issues that may arise with a particular project and can be the key to ensuring all involved are satisfied at the end.
Like other types of consulting agreements, it is critical that this document be as comprehensive as possible. The types of terms typically found in a standard consulting agreement are:
Real estate consulting agreements serve crucial roles in the real estate industry. When faced with project too big to handle on their own or needing assistance in meeting a specific goal, clients often turn to consultants. In doing so, it is important they be protected from any issues that might arise in the process. With a real estate consulting agreement, you can ensure you, your clients, and the consultant are protected.
What Is Operation of Law?
Operation of law generally means the happening of an event which brings about a result without any act on the part of even the person who is at the time in possession of the right. The effect of an operation of law is to vest in some person some right or liability which, if the law had not intervened, would not have vested in him. It applies as well to the case where a right which has vested in some person by operation of law is defeated by the act of some person (as distinguished from the law). For example, A and B were in possession of land as tenants in common and each owned an undivided moiety. If A died before B, B, by the death of A, undoubtedly acquired a right by operation of law to an exclusive possession of the whole land. By operation of the law of survivorship, A’s interest by operation of law passed to B.
The term used has a much wider sense at common law, including succession by devise, descent and escheat, forfeiture of estates for wastage, breach of the condition subsequent, accretion, estoppel, tenancy in common in joint tenancy or other form of co-tenancy created at law, accruer, dower and curtesy, merger, escheat, rights of way, support, alluvion, zonation . The following are some examples of operation of law: The general rule is that a condition subsequent is not subject to a restraining equitable rule of forbearance and will exercise its effect upon the happening of the event—Hurdman v. De Keyser, [1891] 3 Ch. 559; In re Wehdale Colliery Company, 6 Ch. D. 776; Main Colliery Co., Ld. v. London and North Western Railway Company, [1892] 2 Q.B. 165; Rawson v. Jackson, 8 Q.B.D. 23; Tarrant v. Mudd, 4 A.C. 359; In re Broderip and Davenport, L.R. 6 Ch. 149; M’Culloch v. M’Gillivray, 12 App. C.S. 104; RJ v. CH, [1916] 1 Ch. 71.
Restitution of a mortgaged property to mortgagor in discharge of mortgage—In re Gillett, 27 Beav. 369; In re Mallaig and Achleek Fishery Company, [1905] 1 Ch. 121.
Operation of law in divorce suit allows court to grant decree to third person—Woods v. Wood, 24 Bea. 314.
Resumption of land by lord after judgment for mesne profits—Mudd v. Lowndes, 2 Ch.D. 461.
Dower (see also Dower).
What is Legal Aid?
Legal aid is a term used to refer to a number of services that exist to provide legal information and help to those in need, at no cost or for a small fee. Legal aid services can include information and legal advice, legal representation in court and other forms of support for low-income individuals struggling to navigate the complex justice system.
As real property lawyers in Florida, we are aware of the importance of legal aid services for people facing foreclosure . According to the Florida Bar, there are 71 legal aid offices in Florida, working with pro bono (volunteer) attorneys and paralegals to assist individuals who otherwise lack resources such as education, legal rights information and financial means to get the representation they need.
Hours of operation, eligibility requirements, areas of law served and other services provided by each legal aid office in Florida will vary widely, but there is a wide range of assistance available to people of all ages. Those who are able to access resources from legal aid can get assistance in legal matters related to family law, consumer matters, housing and fair housing, public benefits, probate, elder issues, immigration and civil rights, among other areas.
A Glimpse into the Philly Legal Intelligencer
The Philadelphia Legal Intelligencer is the oldest daily law journal in the United States and as such holds a pivotal place in both Philadelphia’s legal community and the city’s history. The newspaper has practiced at 1505 Market since 1253, when the building opened. But it was Charles Robinson, who bought the paper in 1864, who built the shining temple of law that graces the corner of Market and Broad today. Robinson broadened the paper’s perspective—to reflect not just the views of lawyers themselves but of "all the people, all the men and women of Pennsylvania and New Jersey, to whomever the law might apply, whose interests would be served by an accurate report of the daily doings of the bar, the business and the courts."
The company merged with the Philadelphia Law Times in 1923 , and the two publications then were published under the same roof until 1978, when the Law Times was suspended due to the rising cost of newsprint and labor.
In 1950, Legal Intelligencer reporter Robert Zeller won a Pulitzer Prize for an investigation into the illegal practices of judges in the Philadelphia Orphans’ Court. Four years later, Anthony N. Fritz, who would go on to be elected Chief Justice of Pennsylvania in 1982, won a Pulitzer for an article he wrote for the Intelligencer that exposed problems with the real estate tax assessment in the city.
Today, as part of Incisive Media, the Legal Intelligencer continues to be published daily. It provides coverage of local, state, and national legal issues, although in line with trends in the newspaper industry, its print edition has shrunk to three days a week.
Understanding Your Entitlements vs Healthcare Insurer
Could you imagine being at the mercy of a health insurance company that withholds care? Despite the fact that health insurance companies profit by promising to pay for all medical care in order to preserve life, if they don’t pay for covered services, people could suffer important health problems that can cause long-term damage or even death. Thus, it is critical that policyholders understand their rights to make sure that health insurers will not act arbitrarily or capriciously by wrongfully withholding payment.
Policyholders rightly expect the insurance company to follow the law. Pursuant to the Massachusetts Consumer Protection Act, courts must award policyholders up to three times the damages suffered for unfair and deceptive acts or practices such as:
Policyholders who have filed lawsuits against insurers have sometimes been successful in winning money damages . However, it is important to note that once a person files a claim for damages against a third party or health insurer for an injury, the health insurer will be entitled to seek recovery of the medical expenses it paid on behalf of the injured person. Fortunately, the law provides that the insurer can only recover what they paid for medical bills that were actually related to the injured person’s claim. Even if the health insurer had an assignment of benefits, which is typical in most managed care and some group insurance plans, the health plan cannot claim a lien against the third party tortfeasor’s insurance funds or against the injured person’s recovery from the responsible tortfeasor. The health plan also cannot actively involve itself in the injured person’s negotiations with a third party tortfeasor. Courts generally require that health insurers who cover an injured person’s medical expenses must take on a share of the responsibility for the injured person’s legal costs and fees.
What is a Certificate of Legality?
Certificates of legality enable potential customers to confirm that companies and brands with which they are dealing in those markets are registered (or at least in the process of being registered), and not operating illegally. Furthermore, certificates attest to the fact that trademarks have passed the preliminary feasibility examination tests: that there are no conflicting or identical registered word or device marks, and that the goods or services in question are not outside the scope of registrable goods and services .
They are specifically useful to applicants and assignees outside a country or those seeking clearance prior to applying. They are also useful to third parties, such as advertisers and traders, as they confirm the compliance of a trade mark or company with the relevant legal and regulatory requirements.
What You Need to Know About Contract Addendums
A contract addendum is an addition that is added to an existing agreement to clarify or add additional information. A contract addendum is commonly added when one party needs to add terms or conditions following the drafting of the original contract. An existing agreement may be modified by a contract addendum to update information or to reflect another contingency that was not mentioned in the original document. A contract addendum typically outlines specific changes that the parties mutually agree upon so that there is no misunderstanding about the terms of the modified agreement.
Typically , situations that require a contract addendum include:
• Adjustments to the purchase price, taxes, or other financial areas of a contract including the proposed method of financing.
• Changes to the time period for performance of the contract or postponement of a deadline.
• Incorporation of additional documents such as those that explain contingencies.
• Stipulations regarding specific areas of costs for an itemized purpose.
• Clarifications made in a contract for specific details about a product or service involved with a deal.
What is Lane Filtering?
For a motorcyclist, the road is their equivalent of a second home. So when someone is trying to make it easier for motorcyclists to make it home more quickly and safely, you can count The Motorcycle Law Group as a supporter. Lane filtering is the practice of a motorcyclist riding through a row of stopped or slow-moving traffic, taking the lane ahead of the line of cars. Lane sharing is an extension of this. It is the practice where two or more motorcyclists share the lane, with no more than one motorcycle’s width on either side. In Maryland, lane sharing is currently considered highly dangerous and illegal under most circumstances.
Many confuse the terms lane filtering, lane splitting and lane sharing, but they are three different things. Lane splitting is where a motorcyclist drives between rows of slow or stopped vehicles, such as at a stop light – their position being physically in front of the stopped vehicles. Lane filtering involves the same positioning, except that it occurs when vehicles are moving at a slow speed (under 10 mph), which means that the motorcyclist is speeding through traffic. To help clarify, lane splitting doesn’t involve moving into oncoming traffic . Lane filtering does.
Lane filtering laws exist in many other countries, like the UK, Australia and Malta. In fact, The European Commission is creating a "European-wide set of rules" for motorcycles and scooters.
There was a study commissioned by the Governors Highway Safety Association published in 2018, but it appears to have only looked into fatalities and injury rates. To date, there have been no studies comparing motorcycle lane filtering to any other type of lane separation. Since motorcyclists traveling under 10 mph fall into the same accident group as stationary motorcyclists, in all probability the GHSA report didn’t result in better insight.
While some might argue that it’s unsafe to encourage motorcyclists to own an equal amount of lane as a car, lane filtering minimizes roadway footprint and allows drivers behind the motorcyclists to fixate on all other vehicles other than the motorcycles. From the majority of studies collected by those in favor of the activity, it seems to have more benefits than disadvantages, allowing traffic to pass more quickly and potentially keeping the length of traffic jams shorter. And that should be something we can all safely get behind.