Professional Documents
Culture Documents
Personal Injury
Overview
Personal injury is an umbrella practice area that includes all manner of accidents, medical malpractice, products/premises liability, wrongful death and related matters involving injuries (one of our client rms focuses on dog bite incidents, for example), and it can sometimes encompass workers' compensation as well, but some lawyers and law rms focus exclusively on workers' compensation too. We have included addenda for wrongful death and workers' compensation at the end of this section as well.
into the road (thereby excusing the motorist who struck him or her) isn't really appropriate unless the source explicitly states that this, in fact, happened. Instead, you could speculate about the possibility of the motorist being distracted or intoxicated and how he or she might have had time to react had he or she exercised his or her duty of care. If your accident story is vague on details because the accident just occurred and is still being investigated, it leaves room for speculation when you discuss what the completed investigation may turn up. Consider the following: 1. Was an intersection involved? It may be possible to speculate about how at least one of the drivers may not have been obeying trac signals (light or sign), which could indicate negligence. 2. Was a pedestrian/motorcycle driver involved? You could talk about how passenger car drivers need to be vigilant at all times in order to see these vulnerable and sometimes less visible individuals, and if the accident occurred at a crosswalk, you could discuss the pedestrian's right of way. 3. U-turns and left turns present their own problems since they require accurately gauging the speed of oncoming trac as well as noting others who may be taking turns onto the same street at the same time. Impairment or distraction may cause a motorist to inaccurately gauge these elements and make a turn into another vehicle. 4. Other elements, such as weather conditions or the fact that the accident occurred in a densely populated area, may be usable for speculating about due care and the motorist's obligation to exercise it while driving. Keep in mind that there is a dierence between civil and criminal negligence, and the burden of proof is dierent for each one. That said, a conviction for criminal negligence may inspire a civil case based in civil negligence; just remember that one doesn't directly aect the other. A criminal conviction does not automatically guarantee guilt in a civil trial!
Personal Injury
Addenda for special subcategories
Here's a useful spreadsheet containing links to wrongful death recovery statutes for every state:
[Link to Rebecca's Google doc here] Lastly, only use the phrase wrongful death in the context of a wrongful death claim. Please avoid statements such as the wrongful death occurred on Oct. 29 when...
Criminal Defense
Overview
The Criminal Justice System
In the United States, the criminal justice system is a fundamental part of the government and society. Unlike in the civil courts, where victims seek redress of grievances personally, the plainti in criminal cases is the state itself. Here is a owchart for the criminal justice system: http://upload.wikimedia.org/wikipedia/commons/e/eb/Cjsowco.svg The prosecutor, often a district attorney or an assistant district attorney, is a lawyer who is an appointed or elected ocial whose job is to represent the best interests of the state. This allows the state to convict people of so-called "victimless crimes": actions that don't harm a particular person but considered harmful to society in general. Many laws against victimless crimes are attempts to stop the spread of vice immoral behavior that degrades society (such as soliciting a prostitute) or actions that the state has designated as harmful or unhealthy enough to outlaw (such as smoking marijuana or underaged drinking). This also allows the state to prosecute people over the objections of the so-called "victim" as sometimes happens in domestic violence or statutory rape cases. This system gives prosecutors considerable discretion in deciding what cases to prosecute, which is something that defense lawyers can try to take advantage of. Generally speaking, prosecutors hate to lose and will only pursue cases if they think they will win. If a prosecutor thinks that the evidence is insucient or that the jury will not believe a crucial witness, most will drop the charges instead of risk an acquittal, even if they strongly believe that the person is guilty. In some cases, prosecutors have decided not to pursue charges despite clear evidence of a crime being committed because they don't believe that it is in the best interest of the state. Prosecutors are sometimes accused of favoritism or partiality when they decide not to pursue charges against someone who is politically connected. One of the most varying cases is when a child dies in an accident. In cases of children who died from heat stroke after being accidentally left in cars, the results of the cases have varied in the extreme. See: http://www.washingtonpost.com/wp-dyn/content/article/2007/07/28/AR2007072800644.html
Criminal Defense
Criminal defense attorneys are not just for guilty people, nor are they just for people who are innocent of the crime of which they've been accused. Criminal defense is so vital to the health of the justice system that the state will pay for the defendant's attorney if he or she can't aord one. Defense attorneys can help someone at any stage of the justice system, from a criminal investigation to petition the court to reinstate someone's rights long after he or she has been released from prison. Most of our source stories, however, are about arrests, trials and sentencing. Criminal defense is probably the most dicult perspective to write. Most of the source stories we use have more or less the same point of view that we ask the writers to take when writing the blogs. However, most stories about crimes are regurgitations of press releases that were written by the law enforcement ocers who made the arrests. We rarely see a story in which the defendant was asked for their side of the story. When writing about crime for criminal defense, we ask the writers to avoid using prejudicial language and to avoid implying that a person denitely committed a crime that they haven't been convicted of. We don't ask writers to lie or misrepresent the facts. We simply ask that they take a dierent point of view. You may nd that criminal defense blogs take more time to write than other subjects. Many writers and editors experience this. However, we nd that practice will increase your speed and make writing these blogs much easier. We recommend that writers begin by taking their time to get the blogs correct before working on increasing their speed. TYPES OF CRIMINAL DEFENSE BLOGS: Drug oenses: Most drug violation stories involve search and seizures. While any criminal investigation can include a search, the primary evidence in drug cases is usually the drugs themselves. The Fourth Amendment to the Constitution guarantees that the people have a right to be free from "unreasonable search and seizure." This means that police do not have the right to search someone's body or property whenever they feel like it.
A law enforcement ocer usually needs one of three things to carry out a legal search: a search warrant issued by a judge, consent or probable cause in exigent circumstances. The search warrant must be "reasonable and specic," although what that consists of may be contested in court. Consent must be freely given, not coerced, and sometimes who may give consent for the search of a property is a matter of dispute. Exigent circumstances means that the police ocer would not have time to obtain a warrant before evidence is destroyed or someone is harmed. Many drug cases turn on whether a search and seizure of drugs was legal or not. Defense lawyers often challenge searches. If the drug seizure is thrown out, the prosecutors may not have any other evidence to prove their charges, although this isn't necessarily so. Vehicles are considered less private than homes, and they are often searched during trac stops. Police ocers often perform "eld tests" on substances to see if they are drugs or not. These eld tests are not as reliable as the laboratory tests that generally take a few weeks to months to complete.
Arrested: Avoid using the word "arrested." Say, "Police detained him on suspicion of ..." or "Police took him into
custody on charges of ... "
Avoid the terms "suspect," "arrested" and "victim." BAC levels: Render blood-alcohol content levels as such: .08 percent. No initial zero. Without the word "percent," the BAC is technically being overstated times 100. If someone's BAC is reported to be .25, they do not have one-fourth of their blood replaced by alcohol. It means that one fourth of 1 percent by volume of their blood is alcohol. Breathalyzer test (capitalized). Breathalyzer is a brand. The generic is "breath test" or "breath alcohol test." Charges: Long lists of charges will trip the plagiarism detector. To avoid this, change the order of the items on
the list. For example, the source story might say this: "He has been charged with impersonating an ocer, impersonating a priest, arson, kidnapping, perjury and piracy." For a blog, mix up the list: "arson, perjury, kidnapping, impersonating an ocer and a priest, and piracy." Source stories sometimes capitalize charges, but they are not proper nouns and should not be capitalized: "He was charged with robbery and resisting arrest." Policeman, policewoman: use "police ocer." Spokesman, spokeswoman, or spokesperson: use "representative." TASER is a brand. The generic is "stun gun."
Basic estate planning documents include traditional simple wills, but they can get more sophisticated through
various types of trust agreements. Authors should have a familiarity with basic estate tax concepts (the federal exclusion is currently approx. $5.25 million, which means $10.5 million for married couples; some states have separate estate/inheritance taxes with far lower exclusions) as there are frequently source articles that deal with estate taxes and that are assigned to estate planning law rm blogs. Other documents that can form a part of the estate planning process and that are often emphasized in source articles are powers of attorney that cover nancial and/or health care matters (the latter are often referred to as health care proxies or directives). These are designed to take eect when the maker becomes incapacitated or otherwise incapable of making these types of decisions. A person who dies without a valid will is said to have died intestate the estate is then distributed in accordance with the states applicable laws of intestacy (usually to spouse/lineal descendants). One consequence is that the distribution may not be entirely in compliance with the wishes of the decedent accordingly, many source articles will stress the importance of having at least a basic will as part of an overall estate plan. In a potential overlap with a divorce/family law blog, many states declare a will to be void when the maker gets divorced. Failure to make a new will would then result in intestacy. The process that a will goes through to rst determine its validity and then to carry out the distributions is called probate. There is no probate without a valid will. Some estate assets pass directly to beneciaries without going through probate (e.g., joint accounts with right of survivorship; life insurance policies; accounts with payable-on-death designations; assets contained in certain types of trusts; individual retirement accounts; 401k plans). These beneciary designations will (in most cases) override a contrary provision in a will. Accordingly, it will often be useful (even in a conclusion to a blog that is based on an estate planning source article that doesnt mention this) to recommend a periodic review of these beneciary designations in the event that a change in personal circumstances (divorce, estranged children, etc.) would likely make the person rethink these original beneciaries. These assets are still counted as part of the estate for estate tax purposes.
Probate administration is an area that an estate planning rm will also cover. This normally involves
the representation of a duciary (the executor of a will, the trustee of a trust), but it can also include representation of a beneciary of a will that is being challenged. A simplistic (but useful) guide to follow is that
probate administration refers to a process that occurs after death while estate planning refers to a process that takes place during a persons lifetime.
Family Law
Overview
Although divorce makes up the majority of issues involving the practice area of family law, it is not the only type of case covered under the umbrella. Lawyers practicing family law handle civil cases as simple as drawing up prenuptial agreements or as complicated as obtaining paternity rights for a sperm donor. Family law attorneys may, among other actions, do the following for a client: Represent him or her in divorce proceedings (unless an attorney specically handles mediation, avoid phrasing that suggests that the attorney represents both individuals) Draw up documents such as prenuptial/postnuptial agreements, visitation schedules in custody cases or settlement agreements Represent one of the parents in child custody hearings, arguing for his or her tness as a parent and in the best interests of the child or children Facilitate mediation/alternative dispute resolution (only if the target rm site has a page for this) Advise the client on shared accounts, property division laws and asset valuation as well as other practical issues that may arise during the divorce process Subcategories of this practice area about which you may write a blog include: Divorce | Child custody | Child support | Same-sex divorce Paternity/fathers' rights | Alimony | Adoption There is a special addendum at the end of this section with more information about same-sex marriage and fathers' rights.
Family Law
Custody Biological parents are often given custody automatically. However, in same-sex couples where one
member is the biological parent, the other parent must often go through an adoption process in order to gain custody. This is similar to the process where step-parents adopt the child of a spouse.
Divorce I f the couple becomes married in a state where same-sex marriage is recognized they will also be aorded the "full rights and benets" given to traditional-marriage couples, including the ability to divorce.
However, if the same-sex couple becomes a resident of a state where their marriage is not recognized, divorce may be more dicult to pursue.
Fathers' rights
Fathers are aorded rights similar to those of mothers in regards to their children, but the courts may traditionally privilege the mother. In the event of a divorce, depending on the circumstances, fathers may be entitled to receiving child support and spousal support as well as custodial rights over children. In some cases, fathers may have to provide evidence of parenthood in order to claim custody. Evidence may be necessary in cases where the father was not included on the birth certicate.
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Overview
Business and commercial rms handle transactional matters (entity formation, nancings, mergers and acquisitions) as well as related litigation (usually breach of contract actions, but some of these rms may handle shareholder lawsuits as well). It is advisable to know the dierent types of structures that are available for a new venture corporation; limited liability company (LLC); partnership; etc. as well as the tax and other dierences among them. We have yet to see any source article (or anchor text) dealing with partnerships. Many acquisition transactions will have one or more regulatory aspects involved. As an example, depending upon the size of the companies and the particular industry, there may be antitrust considerations. Financings will require compliance with federal and state securities laws. The two principal federal securities laws are the Securities Act of 1933 (in general, this governs the oering of securities in a company for the purpose of raising capital) and the Securities Exchange Act of 1934 (in general, this governs the subsequent trading of those securities and the reporting requirements of the issuer). State securities laws are called blue sky laws and must be complied with even where a particular transaction is exempt under the 1933 Act. These are very broad generalizations, but the few client rms that engage in this practice area usually do not represent companies engaged in large-scale nancing transactions. The dierences between a corporation and an LLC can be subtle, but they are important. In general, a corporation is a separate entity for tax purposes, whereas in an LLC, the entitys income ows directly through to its owners (similar to a partnership in that regard). A corporation has shares of stock, whereas an ownership interest in an LLC is usually referred to as an interest or a unit. Most companies that contemplate raising capital from outside investors will be formed as (or converted to) a corporation. Both structures are formed under the laws of a particular state, and both provide a shield from liabilities to their owners, assuming (and this is important) that all legal and regulatory formalities are complied with. This would include the ling of periodic reports with applicable authorities, the maintenance of separate and distinct books and records, and the lack of commingling of assets. Ifthe entity is properly structured and maintained, owners will have no personal liability for its debts. Failure to keep an entity in good standing with the state may jeopardize its existence and could lead to the removal of that liability shield (as well as preclude the entity from entering into valid contracts, etc.) Ocers and directors of a corporation have a duciary duty to act in the best interests of its shareholders. This is both under common law as well as state statute. A breach of this duty could give rise to a shareholder lawsuitthat may be handled by a client rm.
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