How to Find a Good Lawyer

If you’re considering lawful motion, your own very first big choice is probably which lawyer fits your needs. How do you find a good attorney?

Talk to family and friends. Chances are good that somebody you realize has utilized an attorney or even understands someone who has. Ask people around you who they used and about their own encounter. Were they satisfied with the actual support they were provided? Request specifics about why they do — or even do not- feel their own attorney supplied good support. Determine whether the actual attorney returned phone calls or email messages in a timely manner, whether the situation had been pursued as well as carried out a reasonable time, if the lawyer paid attention to demands and concerns, whether the individual had been held knowledgeable concerning the status associated with his / her situation, whether fees billed were reasonable and bills comprehensive sufficient to know what lawful work was finished involved.

Referral Services. There are a number of recommendation providers in Texas. The State Bar of Texas supplies a listing of referral providers round the condition. Referral services require lawyers to join up and usually need lawyer members to carry negligence insurance. In the Austin and central Texas area, get in touch with the actual Lawyer Recommendation Support of Main Texas. Recommendation services frequently also set a limit about the fee billed for an preliminary discussion. The actual Attorney Referral Service associated with Main Tx requires its fellow member attorneys to provide a Thirty minute discussion for $20.

Courthouse. Go watch lawyers in action. In family law issues, divorce, child visitation rights, child support, etc., you can find proceedings going on in the Travis Region Civil Courthouse upon Monday, Wednesday, Thurs as well as Friday. Except in rare conditions, courtroom proceedings tend to be available to the general public. Locate a hearing to view by asking at the info table or even look into the listing associated with courtrooms as well as investigate until you find a listening to to view. You may key in and leave the courtroom whilst procedures are ongoing, but remember to become sincere as well as peaceful. Switch off cell phones and pagers and do not bring meals or beverages to the court docket. Additionally , it advisable not to bring your kids. A few of the problems in these instances might not be right for kids, who most likely ought to be in school in any event, and youngsters may have a difficult period sitting still as well as quiet during procedures.

Once you discover the listening to to view, exactly what do you look for? Actual life legal proceedings are almost never as thrilling as well as suspenseful as they are tv, but you can collect important information about an attorney by watching him or her in court. May be the attorney doing him or her or himself inside an expert manner? Keep in mind that your own attorney is going to be an extension individuals – symbolizing you and your interests. We publish that an expert, respectful and zealous recommend is more effective compared to one that is rude and less than professional. May be the attorney ready? Each and every lawyer includes a various method to conduct hearings, however notice regardless of whether he or she appears to possess paperwork organized, requires good questions as well as has a plan. Observe the lawyer’s style to determine whether it persuasive to you and compatible with your personality as well as wishes. Watch of sufficient length to obtain a feeling about the lawyers and move to an additional listening to. If you discover a lawyer you would like to speak with, request his or her contact information during a break or get the exact title and phone later on.

Interview possible lawyers. Numerous lawyers provide an initial consultation free or a small charge. You may have only Half an hour to have an preliminary consultation so put together prior to going. In the event that there are any purchases in position, bring those with you to definitely the discussion. Be prepared to open the consultation with a concise description of your scenario and outcome a person seek. Make a list of queries and issues which means you don’t forget to raise them throughout the meeting.

Ask about hips — does the attorney charge on an hourly basis or even provide providers for any flat rate? Will you need to provide a good upfront retainer or deposit. If that’s the case, just how much? What goes on to that particular retainer or even down payment at the conclusion of the situation? Could it be delivered to you? How frequently will you be charged? What types of costs will you be billed for? Will the lawyer accept charge cards or even provide a repayment plan? What goes on if you get behind on your bill?

Enquire about lawyer ease of access as well as marketing communications — does the actual lawyer possess a plan concerning the period of time it requires to come back phone calls or react to email messages? Will the attorney use email in the or the woman’s practice whatsoever? Will you be in a position to get to the attorney by way of mobile phone? How will the actual lawyer keep you informed about the standing of the case? I give my personal customer’s my cell phone number to be used during company hours and make each and every effort to return phone calls or answer email messages 24 hour, or the following day. Occasionally which means I call customers at 7pm or even react to an email from 10pm however I have never were built with a customer unhappy to become contacted after hours.

Enquire about the process as well as time – depending on your circumstances, exactly what does the attorney advise be done and what is the process? Just how long will it consider. You should possess a practical understanding of how long the procedure will require. Regrettably, legal proceedings sometimes consider several weeks, or lengthier, to solve with respect to the problems.

Ask about encounter as well as skills — does the lawyer possess experience with your type of situation? Just how long has the attorney been practicing? Will the lawyer possess any specialized instruction or even certification?

Do not feel pressured to employ the attorney throughout the initial discussion. Take a couple of days to think about the actual conference, as well as interview additional attorneys. When you decide on an attorney you will set up an additional visit to sign a rendering contract and take care of any kind of retainer or even deposit needs. The rendering contract may be the agreement in between both you and your lawyer. See clearly carefully and get the actual lawyer to describe whatever you don’t realize.

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Residential Tenancies Mental Health Problems A duty to accommodate and a tenant’s right to remain

RESIDENTIAL TENANCIES: Mental Health Problems, a Duty to Accommodate, and a Tenant’s Right to Remain in their Home

By: Michael K.E. Thiele, B.A., LL.B., Plant Quinn Thiele LLP, Ottawa, Ontario Canada. Copyright 2007

The legislation governing most residential landlord and tenant relationships in Ontario is the Residential Tenancies Act S.O. 2006, c.17. (RTA). While the residential lease, written, oral, or implied, executed by the parties may inform the rights and responsibilities between the parties, the lease agreement may only establish those rights subject to the over-riding provisions of the RTA. In Ontario, the RTA applies to rental units in residential complexes despite any other Act and despite any agreement or waiver to the contrary. Further, where a provision in a tenancy agreement/ lease is inconsistent with the RTA or its regulations, that provision is void, and where the provision of another Act conflicts with the RTA the RTA takes precedence. In this regard, the freedom to contract is restricted; even prevented by the RTA, and appellate judicial pronoucement confirms that the RTA is effectively a complete code removing even the jurisdiction of the Superior Court in dealing with the relationship between landlord and tenant outside of the regime established by the RTA.

A recognized and statutorily mandated exception to the foregoing is the application of the Ontario Human Rights Code, the provisions of which take precedence over the provisions of the RTA. It is with respect to this exception that this paper is concerned, in the context of discussing recurring and difficult cases arising at the Landlord and Tenant Board, and how the Human Rights Code is helping tenants suffering from disabilities that cause behaviours which otherwise or normally would justify termination of their tenancies and eviction.

In practice before the Landlord and Tenant Board of Ontario, it has become increasingly apparent that a great number of tenants who are called upon to defend themselves and consequently their tenancies are suffering from some form of mental illness. In many instances, the mental illness is undiagnosed, but nevertheless is apparent to the observant onlooker. These tenants, but for the litigation support offered through Legal Aid Ontario, Community Legal Clinics, and generous lawyers, are left without the protections that one expects a Court to afford parties under disability. The Landlord and Tenant Board will allow proceedings to continue against a tenant, who by any reasonable measure would appear to be a party under disability, with the usual caveat being that they speak to duty counsel (who can not represent during the proceeding) prior to hearing.

Whether justice is wrought in these circumstances is a hard question; however, I believe it is fair to say that under these circumstances, the chance for injustice is greatly elevated. How then, and where, is the protection for parties under disability, for the mentally ill and infirm?

The starting point to deal with mental illness in residential landlord and tenant matters lies in the Ontario Human Rights Code R.S.O. 1990, c. H 19.. The code provides that -every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance-. A disability is defined to include a condition of mental impairment or a mental disorder.

In the recent Supreme Court of Canada decision in Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services), 2006 SCC 14 (S.C.C.) , the Court held that a provincially created statutory tribunal was obligated to follow the provincial human rights legislation when rendering its decision. The Court stated that statutory tribunals, which were empowered to decide questions of law, are presumed to look beyond the enabling statute, to apply the whole law to a matter properly before them.

The OHRC is a fundamental law. The Ontario legislature affirmed the primacy of the OHRC in the law itself, which is applicable both to private citizens and public bodies. Further, the adjudication of OHRC issues is no longer confined to the exclusive domain of the Ontario Human Rights Commission: OHRC, Section 34. The legislature has clearly contemplated that this fundamental law could be applied by the Court and other administrative bodies and has amended the OHRC accordingly.

In Werbeski , supra, the Supreme Court of Canada found that an administrative tribunal should apply the provisions of the OHRC when interpreting statutes because:

(i) The Ontario Human Rights Code states that it has primacy over other legislative enactments;

(ii) The recent amendments to the OHRC have removed the exclusive jurisdiction over interpretation and the application of the Code, from the Human Rights Commission.

In addition, the provisions of Section 11(2) and Section 17(2) and (3) of the OHRC specifically state that “a Court, as well as the Tribunal or the Commission, could apply these provisions of the OHRC when deciding if the needs of a person with a disability can be accommodated without undue hardship.” Section 47(2) of the OHRC states that the OHRC is paramount over other legislation. The Supreme Court of Canada has also held that the Human Rights Code takes precedence over agreements and contracts: Syndicat Northcrest c. Amselem, [2004] 2 S.C.R. 551 (S.C.C.).

APPLICATION TO LANDLORD AND TENANT BOARD PROCEEDINGS

The Divisional Court in Walmer Developments v. Wolch, on a appeal from a decision of the Ontario Rental Housing Tribunal (predecessor to the Landlord and Tenant Board), dealt with a situation where the tenant was diagnosed with schizophrenia. As a consequence of this condition, the tenant exhibited behaviours that included frequent screaming, throwing garbage loose in the halls, shouting profanity in the elevator, putting her property, such as her TV, out in the hall, and leaving food cooking on the stove unattended and hence filling the hall with smoke.

The Ontario Rental Housing Tribunal did not apply the Ontario Human Rights Code, and failed to give consideration to the implications of section 2 of the OHRC to the eviction proceedings before it. This was ultimately held to be in error as Section 17 of the Code provides:

17(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

(2) The Commission, the board of inquiry or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

After some discussion of issues pertaining to the Ontario Rental Housing Tribunal’s ability to require accommodation (since ameliorated by statutory amendments), the Court held that a tenant suffering a disability has the protections of the OHRC, and most importantly that the question of accommodation shall be considered in the Tribunal’s/Board’s determination of whether to relieve from eviction under the discretionary provisions of the Tenant Protection Act/Residential Tenancies Act.

In Walmer, the appeal was allowed because it was ultimately demonstrated that the landlord could accommodate the tenant by notifying the tenant’s family of problems as they arose and that the tenant’s family could intervene. It was found that the tenant, when on her medication was controlled and her behaviour was then not objectionable.

Walmer, then, stands for the proposition that a landlord has a duty to accommodate a tenant who exhibits behaviours as a result of a disability, that otherwise would warrant termination and eviction, and where the accommodation does not amount to undue hardship, to actually take steps to assist the tenant in maintaining their tenancy by finding reasonable solutions to the problems alleged. Further, where a landlord fails to provide such accommodation, the Landlord and Tenant Board is directed to consider what may be a reasonable accommodation and where available, refuse termination and eviction to the landlord.

SINCE WALMER The Walmer decision has had the practical impact of sensitizing the Landlord and Tenant Board to the fact that many of the persons who appear before the Board are suffering from disabilities. While sensitized to the issue, it continues to be the case that the burden of establishing the existence of the disability; and further establishing what the reasonable accommodation may be; remains with the tenant. Where tenants do not have representation and/or do not have a support network the accommodation potential (and hence retention of the rental unit) offered by Walmer , is not pursued and hence is lost. Very clearly, in the Landlord and Tenant Board context, a human right is only a right if it is pursued and the Board will not, on an institutional basis assure that a mentally ill party is represented and that his/her human rights are asserted.

The Walmer decision has had a dramatic real life impact for many tenants. In particular, tenants suffering from schizophrenia, paranoid delusional disorder, dementia, alzheimers, hoarding instincts, and a host of other mental illnesses that from time to time cause behaviours that otherwise would warrant termination and eviction; now, are retaining their housing, with the landlord being required to take a little extra care for them. The Walmer development has been a positive change in that it has very clearly prevented homelessness of persons with mental illness who are able to be treated and who will function normally with the right support, understanding, and accommodation.

This is significant as the number of aging renters increases. Aging seniors, who haven’t had an issue with their landlords since the commencement of their tenancy are increasingly finding themselves before the Landlord and Tenant Board facing allegations of anti-social behaviours. Often these behaviours are age related as aging sometimes brings on mental illnesses or medical conditions that cause a person to exhibit anti-social behaviours. Often, these can be medically treated or ameliorated by additional care and support. These -mentally ill- tenants are often just regular folks whose entire life is subject to being turned upside down through eviction because they got sick. Through eviction they lose the stability that having a place to live gives, it robs them of peace, their routines, and likely exacerbates any medical condition or mental illness through the stress caused by the eviction.

While Walmer has been a tremendous help to many tenants by forcing the Landlord and Tenant Board to recognize -disabilities- and to impose accommodation of those disabilities where reasonable; the procedures of the Landlord and Tenant Board in adjudicating cases dealing with the mentally ill continue to disregard the fact that in many instances these tenants are not only mentally ill but incompetent as well. From the perspective of the Landlord and Tenant Board it never has a party before it that can be a -person under disability- as in the sense of the Rules of Civil Procedure. Query whether this is just.

CONCLUSION The issue that this paper started with remains unresolved. Persons suffering with mental illness still face procedural disadvantage at the Landlord and Tenant Board. The Landlord and Tenant Board can make a person homeless. Hopefully, the law will eventually recognize that the mentally ill and incompetent deserve procedural protection and it seems fair to suggest that one avenue to such protection is through the ideas expressed by the Court in Walmer.

The Advantages And Disadvantages Of A Typical Job In Law

Working as an attorney can be fascinating, monetary-friendly and captivating. On the other hand, they can also experience feelings of extreme regret, strain or disengagement after dealing with criminals throughout a long career. Of course, the drawbacks and the benefits will vary dependant upon the individual themselves. There are many people who are unsure if this is really the correct career path for them until they have already made it through law school at which point there is no real hope of turning back.

It is very exciting being a lawyer. If you are a criminal attorney then you will be involved in intricate cases with a lot of highbrow sparring. People who like debating, high-stake scenarios and drama, a career in law will be very fulfilling. Defending your case against a qualified legal professional is often quite engaging and entertaining.

Although some forms of law may not appeal to certain individuals, another wonderful thing about a career as a lawyer is that since our legal system is so intricate, there is a myriad of types of law that one can practice. As an example, there is even such a thing as an entertainment lawyer, who works in any number of places within the entertainment industry. Additionally, as the additional benefit, a career as a lawyer promises one of the best paid jobs in America. A lawyer’s income is only rivaled by other incredibly high paid professions

Then again, this all requires hard work and can be quite exhausting. You have to be on the top of your game all the times given that you never know when an important case would pop up that might baffle you completely. The future is never certain, or even predictable, in this career. It can be hard; there is always the possibility of failure.

Some lawyers will inevitably become the victims of threats or violence. When an attorney takes on a case against a member of an organized crime group, things can get violent. Lawyers are sometimes faced with death threats unless they back off their prosecution. While these threats from crime syndicates are not always real, they can be very stressful to the lawyer and their family.

On the whole, the life that a lawyer leads is very exciting and his job is extremely lucrative from a monetary point of view. Having said that,it is definitely not for faint of heart or those that cannot cope with the stress that comes along with the job. Therefore, prior to taking out massive student loans for law school, make sure you know this is exactly the career you want.

Applying The Law Of Attraction For Your Thoughts

Rhonda Byrnes best-selling book, The Law of Attraction, uncovered umpteen things concerning how our thoughts determine what our life can be. The theory of The Law of Attraction claims that what we project to the universe directly comes back to us to affect our way of life either positively or negatively. Its the old adage of, What goes around comes around.

Developing a better life by thinking through yourself means that you will need to rid your thoughts of negativeness and thought process about things that are occurring or may be imminent happenings in your own life. You become what you think about most of the time. Understanding that, you can see that your thinking could have a primary force on your life.

So, alter your approach and youll change your life. Thats not as easy as you may think. Much like winning a gold medal in the Olympics will take time and application, the same is true for thinking positive thoughts in order that it gets to be a habit in your own life.

The following are some Law of Attraction strategies to turn ideas around and get what you would like out of life:

1.Think as to what you’ve always dreamed of. Do you require a new job? An outstanding relationship? Shed weight? Then, you have to think as if its already there rather than wishing and the resentment you’re feeling of being without those things. How does one act if you are CEO of your own company? What type of clothing could you wear had you been thin?
Picture yourself in those scenarios and think deeply about how it could feel and how others would look at you. Feel those feelings. Keep practicing and those feelings will ultimately transform into reality when you put action behind the thoughts.
2.Think of emotions which include gratitude, passion and love. These are definitely positive thoughts that could invite positive things and reactions into your life. The trick here is when something occurs thats negative in your life – even though youre thinking positive – you need to be the one to take control and not permit the negative happenings control your life.
3.Create positive thought patterns. Positive thinking exercises will enable you to attract more of what you want. Should you contemplate it consciously, your unconscious mind actually starts to create situations that can bring people and circumstances which you will want in your life.

There are several ways to exercise your brain toward positive thinking. Online help is available, as are some very well-written books about the topic. Begin now to use The Law of Attraction to transform your life in to the best it can also be.

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