Constitutional Laws » Criminal Law

Law Firm Business Card Design That Gets New Clients

Admin — Thu, 22 Apr 2010 00:41:27 +0000

I am asked from time to time what an attorney should do about their law firm business cards since they are about to get some new cards. Actually I would recommend you not wait until you run out of cards currently to think through your business card strategy. You may or may not have to throw out your current cards. That is not important. What is important is what results can you expect from your business cards. Let me list for you some guidelines for your business card strategy that will improve your results. Business cards need to be created to get you business are they not?

1. You probably need more than one type of law firm business card. One card that is conservative and is used in situations or with people you think will respond best to a more conservative card like other attorneys, court personnel, bankers, and the like. You need a more “sales oriented” card for other environments to be used in situations where you are dealing with some referral sources or with your prospective client. Particularly if your practice areas are family law, criminal law, personal injury, elder law, immigration law, residential real estate, etc. In fact if you market to an ethnic market like Hispanics then you need a third card that works for them and preferably has been done by a vendor who specializes in Hispanic work.

2. Please don’t use the templates available at your local printer or print them off your computer. Go to http://www.guru.com and hire a graphic artist to design your law firm business card. Do be sure it is readable for your market (older people need larger and easy reading fonts). Have them design a logo if you don’t have one as well. It will be inexpensive ($8 per hour and up) to hire a graphic artist type since this website is a worldwide marketplace. You can hire vendors from places like India, Singapore, Australia, New Zealand, Canada or the USA and be safe since they do understand our market. The United Kingdom is expensive with respect to the US dollar currently and they tend to be overly conservative for our market. Some USA vendors are young, eager and/or want to create a portfolio so their fees are low but their skills are fine for this purpose.

3. It is probably better if your law firm business card is at least a two-color card (maybe even a four color card for some practice areas like criminal law or personal injury for instance). What I mean here is either different color inks or a difference between the color of the card and the ink. You need something to make the card more visually interesting. Always use a quality paper for the card.

4. Be sure your website address is on the card and it is a domain name you own that reflects your practice area if possible. Naturally name, address and phone number as well on the card.

5. Consider putting your email address on your law firm business card or maybe instead of putting the website address. One caution here is be sure you have an email address on your card that is your own domain name and not AOL, Hotmail, Yahoo, or a vendor at your home like Comcast, Road Runner, Bell South or the like. Why? You don’t look like someone who is a solid business unless your domain name is one you own and is business/keyword related.

6. Consider putting your “slogan” on your law firm business card. One of mine is “Guiding your practice to increased revenues while reducing your work hours as you serve your clients better than ever.” Now, clearly a bit long for a business card and you get the idea. If you don’t put a slogan at least put something that indicates your major practice area focus on the card. Also you may need different cards for different practice areas thus more than 3 different cards (conservative, sales oriented, ethnic type for each major practice area) for some.

7. A bit more daring yet effective is putting an offer for a “free report” or “white paper” offer on your law firm business card. The article title needs to be very appealing to your market. Usually the article needs to be a “how to” or “7 ways to” or “secrets of” type of title. Maybe saying on the card “call or email me for the my complimentary report on XXX” on the card or even “download at xxx.com” which also doubles as putting your website address on the card.

8. Up to this point you probably have been thinking only about the front of your law firm business card. Let’s get a bit outside the box and think about the back of the card. How about that long slogan, the quote or the complimentary report offer on the back?

9. OK, lets get even more outside the box and say put your picture on the front of the card. Research on business cards shows those cards with a picture on the fronts are noticed, kept and remembered better than other cards without a photo.

10. Having said all of the above do be careful not to have the card cluttered so you don’t have to put everything I wrote about on your card.

Now you have it. Some ideas to consider with law firm business cards. I am sure some would say this is too much and maybe so. There is much to consider in law firm business cards that really makes a difference in getting you new clients or not.

By: Henry Harlow

Criminal Law : Your Constitutional Rights

Admin — Tue, 15 Dec 2009 19:23:25 +0000

Overview

Every saint has a past and every sinner a future. Criminal law takes cognizance of this universal truth and every accused is provided with ample rights while deciding whether he/she has committed any offence. Prosecution guidelines provide for certain procedural niceties to be extended to a person accused of crime. After all, the law intends to punish the crime, not the criminal. Adversarial system views crime as a wrongdoing against the state and not against a particular person. The interests of the state are represented by the prosecuting attorney. As such, law views the offender sympathetically and treats him/her as innocent until proved guilty and passes the burden of proving the case to the prosecution. The defendant has a right to be presumed innocent unless and until the State has proven each and every element of the crime beyond a reasonable doubt. Thus, for instance, if a culpable mental state is required to prove a crime, the prosecution must prove that it existed at the time of commission of the offence.

Constitutional Rights

The United States Constitution guarantees a wide array of rights to the criminal defendant from the time of arrest through the trial proceedings. These include: the right to be free from any unreasonable search and seizure, to remain silent, to be tried before a judge or a jury, to summon witnesses and compel their attendance to testify on behalf of the defendant, and to confront and cross-examine any witness the State may call. The defendant in a criminal case has a right to a speedy trial and to be represented by an attorney and is entitled to have an attorney appointed by the court, if the defendant is unable to afford one. The defendant also has a right to consult an attorney or family members before pleading guilty or not guilty before the court.

The criminal proceedings begin by the initiation of a complaint by the purportedly injured person, the complainant. The police investigate about the complaint. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the proper jurisdiction.

The Right to Speedy Trial

The Sixth Amendment of the Constitution guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, which means that the proceedings are to be completed within a reasonable time after the person being arrested. The defendant has a right to be informed of the nature and cause of the accusation. The Sixth Amendment also guarantees a criminal defendant the right to be tried before an “impartial jury,” which will consider the evidence against the defendant and decide whether to find him/her guilty. In almost all states, the concurrence of twelve jurors is necessary in order to find a defendant “guilty or not guilty.”

Right to be Free from Unreasonable Search and Seizure

Fourth Amendment to the U.S. Constitution guarantees the defendant the right to be free from any unreasonable search and seizure. The quintessence of the Amendment is that “every man’s house is his castle” and the rights to be secured in their persons, houses, papers, and other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause.”

Privilege against Self-incrimination

The defendant is entitled to a right under the Fifth Amendment to the U.S. Constitution to remain silent during the trial. In other words, the accused person can refuse to answer any questions or make any statements, if such answers or statements establish that the person committed a crime or is in any way connected to some criminal activity. As already mentioned above, the burden of proof of a crime is on the prosecution. However, no one including the prosecutor, the judge, and even the defendant’s lawyer can force the defendant to be a witness against himself/ herself if the person declines to do so. Furthermore, when a defendant exercises his or her right not to testify, the jury is not permitted to take such denial into consideration when deciding the question of liability. Thus, this is a prominent privilege to the criminal defendant. Nevertheless, the defendant cannot selectively answer questions that go against him/her. Once a defendant decides to testify at trial, he/she cannot ordinarily choose to answer some questions but not others. It is to be noted that the Fifth Amendment privilege does not apply when a defendant is fingerprinted, or made to provide a DNA sample in connection with a criminal accusation. Like a criminal defendant, witnesses are also entitled to refuse to answer certain questions by asserting their Fifth Amendment rights. However, this right is not extensive as that of the criminal defendants.

Conclusion

A criminal defendant is presumed to be innocent and accorded all humane considerations during the trial. Justice is not a one sided notion favoring the victim, but it looks at the accused person from a reformative angle. The punishments accorded to the criminal defendant are meant to reform the person and not a retributive measure. As such, in the pursuit of justice, law takes in to consideration, the rights of the accused.

Mr. Smith is a renowned Florida criminal defense attorney . The knowledge, experience, and killer instincts J. Layne Smith has honed over years of civil and administrative trials in insurance related cases makes him force when defending white collar crimes. Simply put, prosecutors do not have the background and depth of understanding Mr. Smith has, and he uses that advantage to the fullest extent, for your benefit.

Overview

Every saint has a past and every sinner a future. Criminal law takes cognizance of this universal truth and every accused is provided with ample rights while deciding whether he/she has committed any offence. Prosecution guidelines provide for certain procedural niceties to be extended to a person accused of crime. After all, the law intends to punish the crime, not the criminal. Adversarial system views crime as a wrongdoing against the state and not against a particular person. The interests of the state are represented by the prosecuting attorney. As such, law views the offender sympathetically and treats him/her as innocent until proved guilty and passes the burden of proving the case to the prosecution. The defendant has a right to be presumed innocent unless and until the State has proven each and every element of the crime beyond a reasonable doubt. Thus, for instance, if a culpable mental state is required to prove a crime, the prosecution must prove that it existed at the time of commission of the offence.

Constitutional Rights

The United States Constitution guarantees a wide array of rights to the criminal defendant from the time of arrest through the trial proceedings. These include: the right to be free from any unreasonable search and seizure, to remain silent, to be tried before a judge or a jury, to summon witnesses and compel their attendance to testify on behalf of the defendant, and to confront and cross-examine any witness the State may call. The defendant in a criminal case has a right to a speedy trial and to be represented by an attorney and is entitled to have an attorney appointed by the court, if the defendant is unable to afford one. The defendant also has a right to consult an attorney or family members before pleading guilty or not guilty before the court.

The criminal proceedings begin by the initiation of a complaint by the purportedly injured person, the complainant. The police investigate about the complaint. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the proper jurisdiction.

The Right to Speedy Trial

The Sixth Amendment of the Constitution guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, which means that the proceedings are to be completed within a reasonable time after the person being arrested. The defendant has a right to be informed of the nature and cause of the accusation. The Sixth Amendment also guarantees a criminal defendant the right to be tried before an “impartial jury,” which will consider the evidence against the defendant and decide whether to find him/her guilty. In almost all states, the concurrence of twelve jurors is necessary in order to find a defendant “guilty or not guilty.”

Right to be Free from Unreasonable Search and Seizure

Fourth Amendment to the U.S. Constitution guarantees the defendant the right to be free from any unreasonable search and seizure. The quintessence of the Amendment is that “every man’s house is his castle” and the rights to be secured in their persons, houses, papers, and other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause.”

Privilege against Self-incrimination

The defendant is entitled to a right under the Fifth Amendment to the U.S. Constitution to remain silent during the trial. In other words, the accused person can refuse to answer any questions or make any statements, if such answers or statements establish that the person committed a crime or is in any way connected to some criminal activity. As already mentioned above, the burden of proof of a crime is on the prosecution. However, no one including the prosecutor, the judge, and even the defendant’s lawyer can force the defendant to be a witness against himself/ herself if the person declines to do so. Furthermore, when a defendant exercises his or her right not to testify, the jury is not permitted to take such denial into consideration when deciding the question of liability. Thus, this is a prominent privilege to the criminal defendant. Nevertheless, the defendant cannot selectively answer questions that go against him/her. Once a defendant decides to testify at trial, he/she cannot ordinarily choose to answer some questions but not others. It is to be noted that the Fifth Amendment privilege does not apply when a defendant is fingerprinted, or made to provide a DNA sample in connection with a criminal accusation. Like a criminal defendant, witnesses are also entitled to refuse to answer certain questions by asserting their Fifth Amendment rights. However, this right is not extensive as that of the criminal defendants.

Conclusion

A criminal defendant is presumed to be innocent and accorded all humane considerations during the trial. Justice is not a one sided notion favoring the victim, but it looks at the accused person from a reformative angle. The punishments accorded to the criminal defendant are meant to reform the person and not a retributive measure. As such, in the pursuit of justice, law takes in to consideration, the rights of the accused.

By: Layne Smith

RI Criminal Law:Is a Nolo Contendere Plea an Admission of Guilt? Is it a Conviction?

Admin — Sun, 06 Dec 2009 12:55:43 +0000

Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.

What is the difference between a guilty plea and a nolo contendere plea in RI? There is a huge difference! A guilty plea is always a criminal conviction under RI law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo may not constitute a criminal conviction. It is only a conviction in RI if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.

However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdemeanor plea agreements in Rhode lsland (RI) should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

By: david slepkow

Data Theft in Cyber Space – Issues and Laws

Admin — Tue, 27 Oct 2009 23:00:58 +0000

Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.

Data as a valuable asset

Data is a valuable asset in this modern era of Information Technology (IT). Data is an important raw-material for Call Centers and I.T. Companies. Data has also become an important tool and weapon for Corporates to capture larger market shares. Due to the importance of Data in this new era, its security has become a major issue with the I.T. industry. The piracy of data is a threat, faced by the I.T. players, who spend millions to compile or buy data from the market. Their profits depend upon the security of their Data.

Issues

The major issue regarding Data Theft is its International character, for example Systems may be accessed in USA, the data manipulated in China and the consequences felt in India. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Also, the lack of coordination between different investigating agencies and a not-so-sure extradition process is another head ache. However the biggest of all these issues is the lack of specific laws in the country dealing with this crime, so even if the culprit is caught he can easily get away by picking and choosing any of the of various loopholes in our law.

Does India have sufficient Laws?

The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.

Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.

Section 65:- This section provides for computer source code. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.

Section 66:- Protection against hacking has been provided under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.

Section 70:- This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

Can Data Theft be covered under IPC?

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Section 22 of I.P.C., 1860 defines “movable property” as follows:-

            “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

            Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of “Theft”. However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property. But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC.

“Data”, in its intangible form, can at best be put at par with electricity. The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666). Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC. However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.

What do we need and why do we need?

It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.

By: robin george

Common Law Q&A

Admin — Sun, 09 Aug 2009 17:59:09 +0000

Are signed contracts legally binding? to what extent?

my common law husband left the kids and i and i found the information contained in a custody agreement online and typed one up myself including signatures and witness signatures. obviously i realize a legal document from a lawyer is best but i dont really have the time or the money..

Can duties under negligence law arise out of the common law and out of statutory law?

Yes, the duty to not violate statutes (also ordinances and safety regulations) is a common law principal called Negligence Per Se. – Yes and yes. – Usually they arise out of common law. But, duties have been legislated, such as the duty.

Can u copyright an object by mailing it inside an envolope to yourself and never opening it?

I need this decided That would prove first authorship (use registered mail where the envelope is marked to prevent tampering), and thus preserve common law copyright. It does not put the world on notice that you have a copyright as one issued.

Common Law?

O.K. two part question, Does Idaho have common law? And does common law apply to minors as well? Common Law is simply a form of law that is different from criminal law. All US states would have a common law. Basically, unlike criminal law where crimes are against society and laws, common law regards ‘wrongs’ between individuals..

Common laws of north carolina on living together?

You could go to jail for having sex out of wedlock. – Cohabitation by non related adults of seperate sex is actually illegal. However its not enforced. Otherwise I dont know what your ? is. – A common law marriage cannot be created under North Carolina law. However, a common.

Constitutional law?

Like my other question, I need a one sentence definition for this term. Wikipedia doesn’t make it very clear what they mean. ‘ law that relates to the constitution, as a permanent system of political and juridical government, as distinguished from statutory and common law, which relate to matters subordinate to such constitution. ‘

For lawyers only!?

Have you heard of the State v. Stewart case. IF you have or have some knowledge of the case please e-mail me. 1. Under the common law, the excuse for killing in self-defense is founded upon necessity, be it real or apparent. 2. Where self-defense is asserted, evidence of the deceased’s long-term cruelty and violence towards.

Habeus corpus is lost will you help me to find him?

who is habeus corpus and where did he go to the ACLU wants me to help them find him, can you help us with this I don’t know who he is or where he went can you help us with this In common law, habeas corpus (/’hes/).

How does society and the government impact common law?

any help with the topic is much appreciated. i have no idea. thank you Common law is judge made law. Personality factors such as the individual judge can affect this. Statistics show that Australian judges are from a very narrow socio-economic background, over 90% of judges are male from an.

I specifically told a solicitor not to disclose my address but they have done what can I do?

They have breached data protection act 1998 and you need advice. It could be a very horrific situation especially as you could have been fleeing domestic violence. Basically there is a common law, called the law of confidence which prevents.

Countries that have the same common law system mean that they have the same/similar laws?

Does that mean Australia has the same kind of statutes as in Singapore/ England.. and other common law countries? Virtually all countries that started with British common law have a lot of basic legal concepts in common, starting with the principles in the Magna.

Degrees in a Murder case?

What do the degrees mean for a murder or other crime? Like when they say 1st degree, 2nd degree, or 3rd degree? 1st degree is premeditated, 2nd degree is when you just kill someone without premeditation, 3rd degree is usually like manslaughter. – It varies by state (or province). At common law (which is.

Did a common law marriage exist between Mary Magdalene & Jesus Christ?

No, the Bible, nor any other manuscript says that they were married. The Da Vinci Code is a lie, and attempts to undermine the Christian faith. Jesus came for one reason, to save mankind! – Sadly, Nobody knows.. – No, they were very close friends. Of.

In uk law, what is the difference between common law and equity?

the common law is a complete system of law applied in common law courts, it’s rigid in nature.equity is not a complete system of law, yet it suffices the lackings of the common law, equity adjudicators judges based on what is fair and just. – In.

Inheritance law in Singapore?

Hello there, I am retired and about to transfer my money to a bank in Singapore. I live partly in Europe and Thailand and have a son with my common law partner. I recently made my last will where I stated that 75 percent of my fortune should go to my son and 25 percent.

Is A South Carolina Marriage Recognized In Georgia,Or Is It Legal There?

Yes – any marriage in any state is recognized in all 50 states. This is provided for in the US Constitution. Most states do not recognize common law marriages, with one exception. Common law marriages which were established in states which *do* recognize them are recognized.

Is there a law to protect me if my boss slanders my good name?

The common law of practically every state recognizes slander as a ‘tort’ where you can sue for actual and punitive damages. Consult a lawyer. – Ofcourse.slander..but make sure it was infact slander..the boss must make a statement in the presence of third parties that.

Is there common law marrage in ohio?

a friend of mine was married in 1958 he was married for 8 years and had 3 children, he divorced , a year later they bought a home together but never remarried, the children grew up and left, neither one wants to leave the home and all they do is fight ,.

Is there common law marriage in your state?

I lived with a man for 14 years. When we broke up I thought are relationship was common law. Which entitles me to marriage benifits. But California did away with that. Does your state have common law? My state does (if it’s grandfathered – pre 1997) Here’s.

More Common law questions please visit : LawFreeFAQ.com

By: lawfaq