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Archive for May, 2010

Types of Commercial Law

Saturday, May 22nd, 2010

Commercial Law is law relating to business, and often referred to as Business Law. There are many areas of Commercial Law and other areas of law that also affect business. Below is a summary of some of these.

ARBITRATION LAW

This is a way of settling legal disputes without entering the courtroom, something that can be helpful to many businesses. It involves someone, or a committee, acting as an arbitrator and independently looking at a case before making a decision as to a way forward. Usually in these cases the two parties will agree (and sign a legally binding contract) to go by whichever decision the arbitrator makes.

CONTRACT LAW

Throughout business, there are obviously many contracts of all types. There are contracts between employers and employee, stating details such as employees pay, holiday, working hours and what the job entails. There are also contracts between businesses and their clients stating what the business will deliver and how much they will be paid, and then there are contracts between businesses and other institutions, such as banks.

Contract Law states the way in which contracts must be formatted and what should be included. Whether or not a contract is legally binding is sometimes argued. Contracts might be unreasonable or the contents illegal. There can also be disputes as to whether the terms of a contract have been broken, something that is illegal.

BANKING LAW

This includes and dealings involving banks and their relationships with a business. There are many regulations around banking so it is important
for financial institutions to make sure they are following the law. There are regulations stating what banks are obliged to do, and what they must not do. There can be disputes between banks and businesses that go to court such as non-paid loans or banks acting unreasonably.

DISPUTE RESOLUTION

Unsurprisingly there are often disputes between businesses, or between and business and an individual. If clients are unhappy with the service they have received they may contest it. This means it is important that businesses fulfil their obligations; if they don’t they could be legally challenged.

EMPLOYMENT LAW

There are many laws around this area, which both employers and employees must fulfil. Employees must be paid at least minimum wage and are entitled to at least 4 weeks paid holiday (pro rata) per year. Employees must show up for work and do the job they are being paid for. There may be many other terms in a contract.

TAX LAW

All individuals and businesses who earn over a certain amount must pay tax. Employees who earn over the tax threshold must pay income tax. This is automatically taken from their pay as a percentage of their earning, which varies depending on what they are paid. Those who are self employed are responsible for working out their own tax, and will be held accountable should they fail to do so. Corporations must pay corporate tax on a percentage of their profits, although they can deduct money from their profits used for business expenses. This can be complex, and the law deals with those who break the law.

Criminal Defense Lawyers in Lafayette

Monday, May 17th, 2010

Do some research when choosing a criminal defense lawyer. A criminal legal battle can be a long, arduous road and a lawyer’s ability to defend your case effectively can be a deciding factor as to whether or not you face fines, or worse, jail time. The right lawyer can not only decrease your chance of accruing penalties, they can move your case along efficiently to lower potential court fees.

Do Your Homework

As you go about choosing a criminal defense lawyer, you first need to do some informed research. Scout out reputable law firms that handle criminal defense cases in your local area using internet, or through consulting colleagues, family members, or peers that may have experience or knowledge in legal matters, whether professionally or personally. Individuals should also note that locating a criminal defense lawyer from the jurisdiction of your arrest is important, as well. Fortunately, a whole host of attorney profiles are available to view on this website using our zip code search box, which will guide users directly to a directory of attorneys in that jurisdiction.

Interview your Potential Lawyers

With your narrowed down list of lawyers, the next phase of choosing a criminal defense lawyer involves interviewing your potentials. Take note of their experience handling criminal defense cases like yours. Be aware of how many specific questions they ask you about your case and see how much of an explanation they give you about what to expect during a trial. Also, discuss the firm’s fees and how they are billed during the process.

Many law firms have whole departments that cover specific areas of the law and can roll cases between several different lawyers, depending on case volume and experience. Be sure that you will be represented by the lawyer you interviewed about your case.

How Do You Proceed?

Open communication is vital in any legal case, but lack of it can drastically, and negatively, affect a criminal defense. Knowing how to contact your lawyer when the need arises can alleviate a lot of the possible stressors you may face along the way. During the interview, obtain any and all possible contact information from your lawyer including email addresses, phone numbers and fax lines. Ask if they have an assistant that will be working with them on the case and write down all their contact information as well.

Justice can only be obtained when both sides in a criminal case have competent legal representation. For this reason, it is critical to call the criminal defense law office of James Kirk Piccione in Lafayette. Attorney Kirk Piccione has been practicing law and engaging in criminal defense for over 20 years. He is one of only 10 attorneys in the city of Lafayette certified by the Louisiana Supreme Court to handle death penalty cases.

Lafayette lawyer James Kirk Piccione represents people accused of crimes & facing criminal charges in many areas, including DUI, drug crimes, misdemeanor, felonies, assault & battery and white-collar crimes. If you or a loved one face a criminal charge in Lafayette or any part of Louisiana, obtaining a lawyer well versed in criminal law is vital to your freedom and your future. Attorney James Kirk Piccione is qualified and respected in the Louisiana legal community. At the Lafayette law firm of James Kirk Piccione, their commitment is to provide aggressive, competent, legal representation to clients. Call the Lafayette criminal defense law firm today contact them online today.