DUI Stop Checklist

January 23rd, 2012

Flashing lights in your rear-view mirror is one of the most unwelcome sights you can experience on the road, and it is easy to become flustered during a traffic stop. In order to help the process go as smoothly as possible it is vital to remain calm and collected, and to be aware of your rights.

While you may feel that there was little or no reason to pull you over, be aware that a police officer can pull you over under reasonable suspicion of almost any wrongdoing, and that it is highly unlikely the validity of a traffic stop can be successfully contested. According to an Arizona DUI lawyer, the most important aspect of the process is the ensuing interview with the officer, as anything you say during the course of the officers investigation can be used against you at a later date in court.

Four Tips

If you do find yourself in the unfortunately situation of being pulled over on suspicion of driving under the influence, keep these four tips in mind:

1.  Pull over immediately. Much of the incidents outcome will be determined by the officers perception of you, and taking an excessive amount of time to pull over can get you off on the wrong foot.

2.  Be polite and courteous. There is no benefit in being gruff or rude to the officer outside of the personal satisfaction you may glean from it, and provoking the officer can certainly work against you.

3.  Have your license and registration ready. In any traffic stop, an officer is required to ask for these materials. Assuming there are no warrants out for your arrest, no harm can come to you by providing these documents.

4.  Be aware that you have the right to refuse field sobriety tests. You are not legally required to submit to questioning or tests during the course of a traffic stop, and your refusal cannot be construed as an admission of guilt. However, refusing to cooperate with the officer will likely result in your arrest, requiring you to prove your innocence in court.

So long as you remain calm and treat the officer with courtesy and respect, you can give yourself the best chance possible for the encounter to have a desirable outcome.

Read More »

A Long-Term US Visa Just for Australians – The E-3 Specialty Occupation Visa

October 30th, 2011

Australian nationals can work long-term in the United States on an E-3 visa in a specialty occupation for a US employer.  The E-3 work visa, for which only Australians are eligible, is almost identical to the well-known H-1B business visa but is superior in several respects, offering a unique chance for professionals from Australia and their immediate family members to develop their careers and live for an extended period of time in the United States.  This article highlights some of the main features of the E-3 business visa and explains who is eligible to obtain the visa.  A US Visa Lawyer can tell interested persons more about the benefits of the E-3 work visa and can assist them in applying for this US business visa.

Overview of the E-3 Specialty Occupation Visa

The E-3 visa allows Australian nationals to enter the United States to work for a US employer in a position that qualifies under US immigration law as a specialty occupation.  A “specialty occupation” is defined for US immigration law purposes as a job that involves the “theoretical and practical application of a body of specialized knowledge.”  Only an occupation that generally requires at a minimum a bachelor’s degree for entry into the field will be considered a specialty occupation.  The professional fields of medicine, engineering, architecture and law are examples of occupations meeting the “specialty occupation” threshold, but many others can qualify.  Any job that normally requires at least a bachelor’s degree to do has a chance of passing the specialty occupation test and thus being ripe for performance by an E-3 work visa holder.  A US immigration lawyer can help an E-3 work visa applicant make a convincing case under relevant US immigration law, regulations and practices that the job they plan to do falls within the ambit of a “specialty occupation.”

The E-3 business visa is issued originally for a term of two years, but can be extended an unlimited number of times in two year increments.  This opportunity for perpetual duration is one of the several unique features that makes the E-3 work visa superior to the very similar H1B visa, which is also for specialty occupation workers.  The spouse and unmarried children who are under age 21 of the primary E-3 work visa holder can qualify for E-3 visas as derivatives of the main applicant, and can extend their stay as long as the primary E-3 visa holder is in status.  The spouse of the primary E-3 business visa holder can work while in the United States.

Qualifications for an E-3 Work Visa

An Australian passport holder seeking an E-3 visa must demonstrate that:

  • They have a firm job offer from a US employer;
  • The job they will do in the US qualifies as “specialty occupation employment;”
  • They have the necessary academic and/or experience qualifications for the occupation under consideration, as well as any required permits or licenses;
  • The US Department of Labor has certified a Labor Condition Application, for which the US employer must apply for the purpose of demonstrating that the hiring of the foreigner will not depress wages for the position in the industry and with the aim of protecting the foreign worker from exploitation;  AND
  • They plan to leave the US when their E-3 visa status ends.

To learn more about how to qualify and apply for the E-3 work visa, contact a US visa attorney.  The US immigration law firm Heartland Immigration offers a free immigration consultation to persons who want to know more about US immigration law matters or who need immigration guidance.   Get in touch today to speak with a visa lawyer about the E-3 visa for Australians or any other US immigration law issue: 1-855-USA-IMMIGRATE

Read More »

Are No-Win, No-Fee Solicitors a Good Thing?

October 18th, 2011

Are no win, no fee solicitors a good thing? Well that is a good question. We all know that there is no such thing a s a free dinner and so we ought to have suspicions of no win, no fee solicitors. So, what do they do and are they a good thing, or are they just a smart way to reel you in and rip you off?

No win, no fee receives a large amount of television exposure and so the term is well known. All you have to do is watch a little mid day TV to see one of these advertisements.

So, what’s the trick and do you have to pay cash. Well, the fundamentals of this model are that if you win, the other party will pay the costs of the case, whereas if you lose your solicitor has already taken out insurance and so that covers you having to pay your fees to your solicitor and covers your claim to this degree.

However, this is not straightforward as if you lose, you won’t have to pay your own fee, but you will have to pay the damages to the other party – up to 100 per cent in some cases depending on the individual scenario.

This is all dependent on the contract you sign and there are vast differences in the market place between the different legal firms, so reading the small print is imperative before you take out a no win, no fee solicitor and agreement – this will eradicate the chance of a surprise at the end of the case.

There is nothing illegal about a no win no fee arrangement and all solicitors have to follow a tight set of rules and ethics to ensure they don’t do anything suspect and give a service to people inside the arm of the law.

The largest problem with no win, no fee arrangements are the misconceptions construed from the name of the legal cover. Many people believe that if they lose the case they won’t have any damages to pay to the other party, their solicitor or the court and it is all covered. Unfortunately there are a number of costs if you lose any case no matter what the cover so read the small print and talk to a solicitor to ensure you understand what is involved – clarity and transparency are the best things before entering an arrangement such as this.

No-win no-fee solicitors are a good thing as long as you understand how they work and what the boundaries of the individual one you take out are. Naive misconceptions are the biggest and most damaging thing for such a form of legal protection. No win, no fee cover is a good thing, ensuring people can cut their costs if they lose a case, though as with everything it is up to you to be an informed individual and understand what is going on.

Simon Grant is a prolific writer, and has written this on behalf of Access Legal a provider of legal services.

Read More »

Divorce Lawyers – Separating Fact From Fiction

October 15th, 2011

In the Cohen Brothers´ 2003 movie, Intolerable Cruelty, George Clooney plays a very successful Southern California divorce attorney who meets his match when he encounters and then falls for the equally devious Catherine Zeta Jones. Author of the heretofore infallible ´Massey Pre-nup´, named after his character in the movie, George´s tale begins to spin out of control early on.

For those realists who enter marriage with open eyes at whatever age, it is an interesting film to watch. It certainly showcases the role that divorce lawyers play in society and some of the strategies that are employed to win.

In real life, the details can even be more lurid. Some Southern Californians have taken to living with each other for decades before marriage, just to make certain they have chosen the right one. For those that don´t, a frequent reminder that the divorce attorney will send out is, nothing matters except coming to terms with us on our terms.

The owner of the San Diego Padres baseball team experienced this when his wife started to divorce him and the very first thing that her legal team went after was his beloved baseball team; the message being obvious. He wisely agreed immediately to sell and the rest of their divorce went smoothly.

The owner of the Los Angeles Dodgers baseball team had no such luck. His wife, ended up with a Dodgers employee and instead of accepting a buyout, worked with her lawyers to argue successfully that they should be allowed to be part of the management and ownership team going forward. One big happy family. Needless to say, the Dodgers, one of the most storied baseball teams in history, headed straight down financially- and are now considering bankruptcy.

For the divorce lawyers in the case, the ability to impact a company if the owner is not doing what you want, helps bring them new clients and industry prestige. It also sends whatever message their clients intended to send.

In another part of Intolerable Cruelty, Clooney utilizes the services of a hit man. As the hit unravels, he and his associate reason that he can not be connected because he was using his own name when he spoke to him on the phone. This darkly brings up another strong suit of divorce attorneys; good ones are usually networked to the point that they can accommodate most of their client’s wishes without actually getting involved themselves. Not every lawyer hires Shiite or Hezbollah community members to incite them to go after the spouse that is not being represented, regardless of whether or not they´ve even ever had any connection to those communities. But it does happen in Southern California and the client that pays for that type of representation, usually prevails unless the other party comes up with an equally powerful attorney.

Most people that are parting ways fall into one of several categories. From a financial standpoint, retaining lawyers can be helpful if both parties communicate enough to understand that protracted fighting will only increase the bill.

Mark Gregory is writing on behalf of 11 Stone Buildings, who remain the top Barristers in London. They also offer Direct Access Barrister London and Direct Access Barristers

Read More »

Too many trial lawyers or not enough?

October 11th, 2011
This is a guest post. The opinions contained within are entirely the view of the guest poster and do not necessarily represent the views of the other authors or owners of this website.

Be it buying a home or crossing the street, the legal system affects almost every aspect of our society. Lawyers are vital to this legal system and provide a number of services to people. You will find a number of lawyers around you. These are people who provide you expert advice and assistance in your legal matters, when you need them the most.

A trial lawyer is a lawyer specialized in practicing trials in the courtroom. You must have seen them in movies and television shows. There are really impressive, aren’t they? Trial lawyers are really important in any society. Be it an insurance issue with your insurer or a criminal allegation, there is only one person you can count you, who will get you successfully out of it. A trial lawyer!

Some students are afraid of pursuing a career in law. They believe that since there are too many lawyers already out there, there is hardly any career prospect. This is very far from the truth. A society needs an unlimited supply of lawyers to work. New businesses are coming up every day, new insurance companies are opening and there is an ever increasing demand of lawyers in healthcare. Since all these areas are governed by law, if there is a breach of such law, one requires the assistance of a trial lawyer to deal with the case.

Lawyers usually prefer to work in their private law firms. Statistics reveal that about 3 out of 4 lawyers work privately either in their own law firms or as partners. Government lawyers  work for different government agencies particularly in the department of defense, treasury and justice. Lawyers also find job opportunities in banks, public utilities, real estate, insurance companies and other businesses.

Lawyers can specialize in areas like bankruptcy, probate,  international or environmental law. Such lawyers will serve in their specialized fields. For example, those specializing in environmental law, may represent firms like waste disposal companies and construction firms  to deal with Federal and State agencies. Such clients need the services of a lawyer to prepare and file applications and licenses before they start some activities. Lawyers are also finding places in intellectual property, healthcare and environmental legal issues.

Often lawyers are employed by a single client on a full-time basis. Such a lawyer is called “house counsel.” Their responsibility is to advise the company in legal issues related to its day-to-day business activities. These may include government regulations, patents, property interests and contracts with other companies, to name a few.

There are hundreds of areas and ways where a lawyer can work. You just need to be aware of these, so that you can find a place of your interest. More and more students are graduating every year from law schools. Although it may seem that the career is getting saturated, it is actually not. Demand for trial lawyers is expected to grow in the future. This is due to increasing population and overall economic growth. But you must be well-prepared for the field. Indeed, you will find competition. But if you are skilled enough, you are going to find a good job.

Visit Douglas B Hanna.

Read More »

Australia’s Most Unique Laws

September 16th, 2011

Australia

As the land ‘Down Under’, Australia is well-known for its relaxed lifestyle and laid back approach. So it should come as no surprise that Australia is home to some of the most unique laws in the world. Here’s a list of some of the laws currently in place in the ‘Great Southern Land’, helping to set it apart from the rest of the world.

Can Crushing Breasts
One of the more interesting and unique laws Down Under is a Western Australian law that makes it illegal to crush a beer can between your breasts (females only obviously). If you have this particular skill you risk a $1000 fine, as a 31 year old barmaid from the Premier Hotel in Pinjarra found out.

Bulletproof Ban
Unless you are a member of the police force or have special permission from the police, owning a bulletproof vest is illegal in Australia. It may seem a little strange but for whatever reason, only those with the authority to carry a gun have the right to the protection of a vest.

Drug House Doldrums
Police in the Northern Territory have the ability to declare your home a ‘drug house’ if they have probable cause to believe your home is being used for the sale or use of drugs. In addition to a lovely bright green sign posted on the front of your house, police have the right to search a drug house and any people within the house at the time without the need for a search warrant.

Forlorn Fuel Truck
Council regulations in North Queensland state that fuel trucks must travel alone on the Daintree Ferry regardless of how busy it is or how many cars are waiting at either end. The irony with this law is that while people walk past the fuel truck with lit cigarettes while waiting to board the ferry, the ferry itself is smoke free and poses little risk of an explosion.

The Hook Turn
Unique to Melbourne, the hook turn is the bane of many city drivers. Designed to keep traffic flowing and avoid delaying trams, hook turns require the driver to make a right turn from the left lane. Rather than sitting in the right lane and risk blocking trams, at certain intersections in the city drivers must wait in the left lane – giving way to traffic coming towards them and from behind them, including trams – and when safe to do, complete a right turn into the intersecting street. While Melbournians have the benefit of ‘knowing’ what they are doing, the hook turn causes a bit of confusion to visitors to the CBD. Next time you visit Melbourne, stick to public transport and save yourself the hassle of trying a hook turn or looking for an intersection without one.

Don’t Drink From the Pond
If you visit Parliament House in Canberra be sure to stay away from the pond – it is illegal to drink from it! Not quite sure why anyone would but it certainly makes an interesting law.

No Ferrets Allowed
If you live in Queensland owning a ferret will cost you big time. According to the new Land Protection Act of 2002 ferrets are considered prohibited pests and can only be owned with a special permit – issued only to zoos and wildlife parks. The penalty if caught with a ferret is a whopping $60,000!

You Can’t Go Nude in Queensland
Unlike other states in Australia, Queensland law prohibits nudity in public, including its beaches. Listed under the Vagrant, Gaming, and Other Offences Act of 1931, Queensland has no intention of changing this law despite claims from nudist groups that it is costing the state millions of dollars in lost tourism. If you want to bare all on the beach, Sunny Queensland is not the place for you.

No Noisy Vacuum Cleaners Please
In the Melbourne suburb of Brimbank it is against the law to vacuum your home between 10pm and 7am during the week and 10pm and 9am on the weekends. Anyone caught breaking this law cops an on-the-stop fine.

Traditional Aboriginal Justice
In certain cases where an offender is of Aboriginal decent, Australian law allows a magistrate to order punishment to be delivered by the tribe or family of the victim. Rather than be punished by the court, the offender must face the Aboriginal community for ‘traditional’ Aboriginal Justice or payback for their crime. Given that some punishments include being speared repeatedly, perhaps some offenders would prefer to deal with the courts.

Anti-Hoon Laws
In 2004 anti-hoon laws (PDF) were introduced in Australia to curb the anti-social, noisy, and dangerous driving behaviours of many young drivers. Realising that a fine meant nothing to these young drivers, police have the ability to confiscate the car instead, effectively taking away the hoon’s ability to impress his mates or the nearest hottie. There’s nothing like hitting ‘em where it hurts!

These examples of Australia’s more unique laws may raise a few eyebrows and cause a few laughs but they allow Australia to be the laidback, fun loving, sun and surf worshiping country that it is today. One thing’s for sure, with these laws in place, you certainly can’t call Australia boring!

For more weird and crazy Australian laws, check out this post at bank account comparison site MoneyChoices.com.au

Read More »

Legal Advertising Blunder: Not Qualified In Any State

September 16th, 2011

Are you the type of person who pays attention to the disclaimers during TV commercials?

American Lawyer Not Qualified in ANY State!

lawyerfail

What is particularly interesting about this ad is the response from the internet community. A social media backlash against this firm contributed to its recent permanent closure. But why? These ads seem a dime a dozen, and at the price point advertised, what are people expecting?

Read More »

Sertaline (Zoloft, Lustral) Linked To Birth Defects If Taken While Pregnant

September 15th, 2011
This is a guest post. The opinions contained within are entirely the view of the guest poster and do not necessarily represent the views of the other authors or owners of this website.

Since the landmark case of a Victorian mother who filed an unprecedented lawsuit against her 16-year-old daughter’s GP claiming her child became suicidal after being prescribed the anti-depressant drug Zoloft, other news about the potential side effects of the Steraline (the generic name for Zoloft and Lustral) have become apparent.

Sertraline is becoming more and more widely used to help treat repetitive behavior and anxiety in people with autism. The breadth and scope of this medication are staggering. In 2007, there were more than 29,000,000 prescriptions active for Zoloft alone and that represents only one segment of this antidepressant’s actual footprint. It is sold in generic form and under different names internationally.

It’s hard to conceive of something more cruelly ironic than a person developing autism spectrum disorder from Zoloft and then being forced to take the same drug to treat their disorder. Sadly, many people are finding themselves in that exact situation.

As stated in a Time magazine article on July 18, 2011, researchers at Kaiser Permanente studied close to 1,800 pairs of children and mothers, 300 of which were diagnosed with autism spectrum disorder. They concluded that if a mother had used SSRI class antidepressants in the year prior to the birth date, their child’s chances of developing autism doubled.

This isn’t the first time debilitating birth defects have been linked to the use of this drug. Since 2002, a growing number of researchers have been sounding the alarm about the effects Sertraline seems to have on in babies in utero. Normally, one would expect birth defects from a certain drug to be localized to a certain region of the baby’s body. This case is different though. From cleft lip to heart defects to limb reduction to autism, chances for birth defects significantly increase all over the board with the presence of this drug during pregnancy.

Why Sertraline is causing these issues to develop along such a wide spectrum is something of a mystery. As far as the autism is concerned, many think there is a link between serotonin levels and autism spectrum disorder. The bigger mystery is, with all of the data about the potential harm this drug is doing, why is it still being sold and what else don’t we know? Is it because Pfizer, the drug’s manufacturer, did an analysis and concluded that even with the millions they would potentially lose from a massive Sertraline lawsuit, it would still be more profitable to go ahead and sell the drug? That is a notion that bears some consideration given it’s a company that boasts 20% higher profit margins than other industries.

Despite the ruthless, profit-centric strategies that have been hashed out in darkened Big Pharma board rooms, Sertraline has and continues to be a lifesaving medication for millions of people. To label it as bad or good is far too simplistic. Just as the sun keeps us alive but can also cause great harm, Sertraline is a force can bring about both light and darkness. Only with more research and effective warnings about the risks during pregnancy, will the two ever be separated.

Read More »

What is the difference between a solicitor and barrister?

September 15th, 2011

Are you wondering what the difference between a Barrister and Solicitor is in the Australian legal system? Here are some of the key differences between these two legal positions.
Lawyer Mouse

What is a Barrister

Barristers are legal experts who appear in finery and represent litigants in court. Traditionally, Barristers are the only people who can act as advocates in court and work mostly on specialised legal matters in an advisory capacity.
Barristers tend to operate as individuals, out of chambers in cities or larger suburban areas. They have access to the cours, specialise in particular areas of the law (eg. criminal law, corporate law, etc.) and work on legal issues that are extensive and richly complex.

What is a Solicitor

Solicitors are more likely first point of call for businesses and individuals requiring advice on more routine legal matters. Solicitors usually operate in firms in a wide variety of locations and provide legal advise on a number of areas of law. Solicitors help individuals and organisations by providing legal advice, preparing documing, and overseeing legal transactions.

Read More »

Starting Your Legal Career: Graduate Law Firm Positions & Internships

September 15th, 2011

There are many pathways to starting your law career. If a graduate position or internship suits you, here is a list of Australia’s top firms offering internships and graduate positions and a list of links to some of Australia’s top legal recruitment websites and career resources. While we hope that you find this list of Australian law firms useful for your job search, it is also important to remember that there are a number of other opportunities with major Australian regional centres for graduates which can provide exceptional training and exposure to professional experience – as well as a more even work life balance – this is just the tip of the iceberg.

desk with books

  • Minter Ellison
  • Mallesons Stephen Jaques
  • Clayton Utz
  • Freehills
  • Allens Arthur Robinson
  • DLA Phillips Fox
  • Blake Dawson
  • Corrs Chambers Westgarth
  • Deacons
  • Gadens
  • Baker & McKenzie Australia
  • Sparke Helmore
  • Middletons
  • Russell McVeagh
  • HWL Ebsworth Lawyers
  • Simpson Grierson
  • Hunt & Hunt
  • Bell Gully
  • Chapman Tripp
  • DibbsBarker
  • Maddocks
  • Henry Davis York
  • McCullough Robertson
  • Gilbert + Tobin
  • Holding Redlich
  • Kensington Swan
  • Buddle Findlay
  • Moray & Agnew
  • Piper Alderman

Legal Recruitment Resources

Legal recruiters are specialists in matching candidates with law firms that will cater and develop their skills and experience, and can therefore be an important resource for graduates and law students to use when entering the legal job market. A good recruiter can make all the difference to the success to the success of your job search, so be sure to carefully select and evaluate the skills and experience of the recruiters you talk to when deciding who to work with. The right recruiter will want to develop a long-term relationship and help you now and at later stages in your career, while the wrong recruiter will try and push you into the first available role that comes along.

Legal Recruiters

  • Mahlab
  • Burgess Paluch
  • Taylor Root
  • Michael Page

Other Legal Job Sites

Salary Information

The starting salary for a junior legal professional being about $35,000 and progressing toward the $100,000 mark through progression to senior associate level.

Read More »
« Older Entries
Important Notice: LegalArticles.com.au has taken reasonable care in sourcing and presenting the information contained on this site, but accepts no responsibility for any financial or other loss or damage that may result from its use. In particular, users of the site are advised to seek appropriate professional advice for all of their legal dealings.