Jobs For Lawyers

A lawyer can find job opportunities in almost every area that you can think of. Some decades ago, this want the case, but soon everything started falling under the purview of law and hence lawyers started getting jobs. Finding jobs as law students (freshers) won’t be difficult if your law school has a good placement and training record and has successfully provided students with good jobs and the authorities with good future lawyers.

The following areas are the best where employment for lawyers won’t be much hassle.

• Business: The entire corporate world is doing business whether they are selling insurance or cars. The people under the corporate ladder may be working as servicemen but at the top, they are plain businessmen. Since businesses have diversified beyond geographical and political boundaries, it becomes essential for the corporate houses to have lawyers to look after their business’s legal aspects.

Usually they have a team of legal eagles who look after the following areas:

Income Tax and other taxation areas

Corporate Law

Property, real estate and/or construction

Medical benefits and other compulsory emoluments for employees

• Health Care: Health care is one area where lawyers can look forward to earn a decent salary. The job is well-respected and well-paid. The growth opportunities are though a bit constricted.

• Media: If you want to be a lawyer of a celebrity, this job is for you. It is a great job and involves a lot of travelling and glamour. Usually, celebrities like to keep their lawyers in good humor and so the perks are generally higher than the pay! Other opportunities in this area include production houses, where the mode of job is quite similar to that in the business houses.

They are also businessmen and their dealing involves in millions of dollars! You would surely have calculated the income from commission by now! Even a small percent of that make you richer by thousands of dollars.

• Litigations: Similar to the popularity of attorneys here, you will find that the best hyped job in the law areas is that of litigation and if you get hold of a case that involves public interest litigation, there is no looking back.

Your rise will be meteoritic and your lockers will be flooded with cash and the popularity gained is another add-on. There is a flip-side though – since you’ll be seen as a crusader for the public, business houses may not employ you. Not that they do not like you, but they believe that you fight for a social cause and fail as a lawyer for businessmen.

Work for lawyers is aplenty. But you need the right guide to find the best jobs that will suit you. Lawyer employment is never a distant dream – a vision is important and much desired.

5 Reasons Why You Need an Employment Lawyer

An employment lawyer can save your job hereby, protecting you from a financial disaster.

Getting a job can be difficult, but keeping that job can be even more challenging.

The workplace is fraught with many issues that can prompt disciplinary action against you or cause you to lose your job.

The workplace deals with issues such as discrimination, harassment (sexual and physical), favoritism, and more.

However, what if the reason for your dismissal is not your fault?

Lawyers get a bad rap in our society until they help us win a lawsuit. I admit there are some lawyers who use questionable ethics in defense of their clients.

However, employment lawyers deal with the facts of the case. They try to reach the most amicable outcomes for their clients.

I list some valid reasons why you should consider an employment lawyer below.

A client may not be totally right, but they can still save their job under current employment laws.

Discrimination is one of the main reasons why an employment lawsuit is filed.

What is discrimination?

The dictionary describes discrimination as prejudiced or prejudicial outlook, action, or treatment.

It is very common for us to develop a prejudicial outlook against someone however, a prejudiced notion can turn into discrimination once it is acted upon.

Before you contact a lawyer try all your in-house remedies.

Human Resource aka Personnel is your first line of contact against unfair treatment in the workplace. HR can help you solve many problems before they balloon out-of-control. The situation could be as small as a misunderstanding.

But what if an HR employee is making the problem worst or they are the problem?

You still have legal resources at your disposal. Most jobs offer union representation to union and non-union employees.

You have a right to ask for union representation in a meeting or hearing against you.

A union representative can be valuable in many situations. But sometimes the situation requires legal representation outside of the company.

After you have used all your in-house resources, then an employment lawyer may be the answer to a situation protected by labor and employment laws.

That leads me to my insertion that an employment lawyer can be the answer to your case.

5 Reasons to hire an employment lawyer.

1. Your company or employer is not reaching an agreeable solution for you.

When you talk to HR remember this, they are required by law to protect your legal rights, but more importantly remember they work for the same employer as you, so their allegiance may have biases.

2. You have tried to solve the issue with a union representative but you are still unsatisfied with the results.

You can contact a national representative however, you may be prolonging your case. If you file an employment dispute with the Equal Employment Opportunity Commission and you feel it may be in your best interest to have an attorney present, you have a right to have your attorney on your side.

The E.E.O.C statement about attorneys in mediation.

Yes. While it is not necessary to have an attorney or other representative in order to participate in EEOC’s mediation program, either party may choose to do so. The mediator will decide what role the attorney or representative will play during the mediation. The mediator may ask that they provide advice and counsel, but not speak for a party. If a party plans to bring an attorney or other representative to the mediation session, he or she can discuss this with the mediator prior to the mediation session.

3. An attorney can solve many issues out of court.

Many times the mere mention of an attorney will cause things to move faster. The run around times are decreased because more than likely your employer will not want to pursue the case further.

You also need to know that the Department of Justice decides whether to pursue the case.

4. I alluded to this earlier, an employment lawyer can save your job.

Sometimes an employer will fire you without regard to the labor and employment laws. An attorney can make sure the employer respects all labor laws in his decisions. Your employer may not be aware of all the laws and because of his rush to act quickly he might decide to end your employment.

5. Statue of limitations.

There are limitations on how long a lawsuit can be in limbo. Your employer may attempt to let the time limits run out by delaying his decisions.

No one wants to be sued. Your rights should always be protected even in the workplace.

Cases employment lawyers handle

  • discrimination
  • sexual harassment
  • wage/hourly disputes
  • disabilities
  • pensions/benefits
  • wrongful termination
  • employment contracts

A Thief in the Night – Identity Theft and How it Can Affect Me

Credit cards are now one of the most frequently used mode of payment. The convenience it gives is what lures people into using them. After all, who wouldn’t want the service that it offers; not having to bring too much cash on a shopping day, not needing to withdraw from an ATM machine with a long line, and one of its most convenient services, being able to shop online which does not require you to go out anymore.

As the online service is getting more and more popular, there are a lot of people who want to take advantage due to the fact that the internet does not require enough identification to confirm whether the user is in fact the owner of the credit account being used. This is where the crime of identity theft comes in.

Identity theft happens when thieves get a hold of your personal information enough for them to be able to run your account without anyone else knowing but them. Credit identity thieves often use your credit card or sometimes even cards to buy things for their selves. This often done over the internet but can be done in other ways as well.

Once identity thieves have gotten hold of the information that they need, they will strike at once which is why you, as a credit account owner, needs to take on the responsibility of having a regular self check on your credit account and reports. This way, you will know if your account has been tampered with.

These thieves will eat your money up in no time. Maybe in just a few hours or days, if the identity thief is in a quest to get your money, you will experience bankruptcy not only in one account, but also in the rest of your account that carries the same account name.

Identity theft is something very serious which should be dealt with immediately. Which is why when you feel or think that you are experiencing such theft, you need to first call to inform your credit agencies about the theft which you think is happening or has happened.

In doing this, the companies will stop and cancel all your credit card accounts so that the credit identity thief cannot touch your money anymore. Remember that credit identity thieves will not stop unless they are mandated to do so.

After informing your respective agencies, call some law enforcement back up. This will help them keep track of the movements of the identity thieves which might help them catch these thieves in the future.

Finding the Best Lawyer For Your Needs

If you think that finding a lawyer is as easy as ordering food from the menu, then you are getting it the wrong way. Searching for your next lawyer that can help you with your misdemeanor case will not be easy even though you have a phone book in your hand that lists the lawyers in the city. The information that you can get from the phone book or from the yellow pages may not be enough and these sources of information may not help you make an informed and an educated choice.

The best lawyer that you can get cannot be provided by the yellow pages, and your friends and your network are the ones that truly help you. Talking to friends and your network in the community may be a good idea in order to find your next lawyer. Here’s one example on how to find your defender. If you are facing a minor offense like a misdemeanor charge, then you can always ask your friends or the friends of your friends who have these kinds of experiences. You can ask them who their lawyers were and also ask what they think of these lawyers. Try talking to a few of your friends who know these cases and chances are at the end of the day, you can roughly say who are the lawyers are who are not good ideas for your case and who are the likely candidates.

But don’t stop on the recommendations of these people that you’ve talked to in the streets, the bars and the city hall. Different people may say different views about a person. For this reason, you go to your last screening. And that’s to talk personally to the lawyer. Meet the lawyer, discuss your case and decide from there if you feel comfortable with your new-found lawyer.

Lawyers, Investigators and the Law in NH

Lawyers are trained to litigate and negotiate. Investigators are trained to investigate.

An article by Lisa Stansky noted: “… Investigators often are more successful than lawyers at gathering information from people…”

The New Hampshire Supreme Court also recognized the value of a professional investigation in a child custody matter.

“The evidence offered regarding the plaintiff’s failure to properly supervise and attend to the children was overwhelming…a private investigator testified that when he observed the plaintiff on ten different evenings, the plaintiff left the children alone overnight on six occasions while she visited a male friend…Furthermore, the investigator’s report indicated that following the first day of the hearing, the plaintiff continued her pattern of leaving the children alone overnight.”

There are a few laws that directly apply to investigators. Most, but not all, investigators are aware of these laws, the attorney should be too.

RSA 106-f: 4

Any investigation, for a fee, requires a license in New Hampshire. The statute governing these activities is RSA 106-f: 4. It is the activity that is regulated, not the title of the provider. There are various entities performing various investigations in New Hampshire, without license. The license means, among other qualifications, that a $50,000.00 bond is on file with the State. No license = no bond= no public protection. A license is required to perform the below services:

“business of collecting for a fee, hire or reward information on the identity, conduct, movements, whereabouts, affiliations, transactions, reputation or character of any person, or otherwise doing investigative work for a private rather than a public interest.” 106-F: 4 II

INVESTIGATOR’S DUTY

The New Hampshire Supreme Court stated that investigators can be held liable for the actions of their clients, even if the action is a crime.

“Thus, if a private investigator or information broker’s (hereinafter “investigator” collectively) disclosure of information to a client creates a foreseeable risk of criminal misconduct against the third person whose information was disclosed, the investigator owes a duty to exercise reasonable care not to subject the third person to an unreasonable risk of harm. In determining whether the risk of criminal misconduct is foreseeable to an investigator, we examine two risks of information disclosure implicated by this case: stalking and identity theft.”

TELEPHONE TOLL RECORDS

Recently an out-of-State investigator was ordered to forfeit over $110, 00.00 in profit she made after obtaining telephone toll records by pretext. For a longtime this was a gray area. Recent Federal Legislation makes this illegal, but there are still services offering to do it, they just leave out the pretext part in their advertising.

SKIPTRACING AND RESEARCH

The GLB (Gramm-Leach-Bliley Act) is one law that governs activities in accessing certain data sources which are used in doing backgrounds or skip tracing for law firms. A person must have a permissible purpose under the GBL to access data, like credit headers. It cannot be resold to the public.

The GLB also restricts pretexting to obtain financial information, but it does leave room for work what involves recovering funds from deadbeat dads.

DMV

Accessing DMV information is harder here than in other States. Federal Law, the Driver Privacy Protection Act, allows for access “in anticipation of litigation.” Sadly we did not follow that and RSA 260:14 is far more restrictive. Not only do you need a docket number but a letter of explanation describing what you need and why you need it. Intrusive, but it is the law.

SURVEILLANCE V. STALKING

Clandestine Surveillance is allowed under RSA 106-f. Note the statutory term “clandestine.” Theoretically, stalking should not be an issue, but it became one in the Miller V. Blackden decision. Surveillance is an exception to the stalking law, if done properly. It is not stalking provided the activity is “necessary to accomplish a legitimate purpose independent of making contact with the targeted person.” (633: 3-a)

Clearly a clandestine surveillance is protected here and this is what the Legislature intended. It is an ‘in your face’, not so clandestine, surveillance that is prohibited under certain circumstances. The burden is on the investigator to prove he or she has a lawful purpose. The attorney must be aware of this when assigning surveillance to an investigator.

The New Hampshire League of Investigators, Inc. (WWW.NHLI.NET) is working with the Coalition Against Domestic and Sexual Violence to make sure this is adhered to and training becomes a part of the new licensing scheme for investigators.

INTERVIEWS

An investigator can contact a victim of domestic violence, if working for an attorney, if the investigator:

1. Identifies himself or herself as a representative of the defendant.
2. Acknowledges the existence of the protective order.
3. Informs the plaintiff that he or she has no obligation to speak.
4. Terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk.
5. Ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.” (633: 3-a).

Make sure your investigator is aware of this.

CONSUMER PROTECTION LAWS

This was applied to investigators in the Remsburg decision, specifically in the area of “any unfair or deceptive act or practice in the conduct of any trade or commerce within this state.” (RSA 358-a)

Accordingly, we conclude that an investigator who obtains a person’s work address by means of pretextual phone calling, and then sells the information, may be liable for damages under RSA chapter 358-A to the person deceived.

PRIVACY

Investigators can serve the public and still maintain people’s privacy when asked to locate former friends, army buddies, roommates and estranged family members. After obtaining the identifiers from the client, the investigator tries to locate the subject. If successful, he or she contacts that subject and asks they contact the client, stating the reason, and not revealing the person’s whereabouts to the client.

EAVESDROPPING

This is a simple issue. New Hampshire is a two-party state, thus no conversation in person or by phone can be recorded without consent of all parties. A verbal waiver should be a part of every taped interview an investigator does for you.

ABANDONDED PROPERTY SEARCHES

This is a form of data mining, done with abandoned property, also knows as Dumpster Diving. As with many other things, New Hampshire treats this differently. In State V Goss, the Supreme Court addressed the intent of the owner in protecting his trash from a search, citing that seizing it without a warrant was a Constitutional violation.

While this does not affect licensed investigators, directly, it does, indirectly, if the concept were carried over to the private sector. While trash may be off the property and abandoned, it is the intent of the owner it be destroyed, not data mined.

FCRA

Pre-employment screening is addressed here. The investigator must have a waiver from the employee, on hand and all inquiries must follow FCRA guidelines. These guidelines set other standards and procedures for the employer to follow with regarding to adverse actions and other employment related decisions.

COLLATERAL RECOVERY

It looks like any tow service can retrieve a vehicle for a bank. (RSA 367-A: 7 VIII)

(4) whereby a seller or holder of the contract, or other person acting on his behalf, is authorized to enter the buyer’s premises unlawfully, or to commit any breach of the peace in the repossession of a motor vehicle; (5) whereby the buyer waives any right of action against the seller or holder of the contract, or other person acting on his behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of the motor vehicle;

They do have to notify the police within hours after doing it. (RSA262: 3-A) However to do an investigation to find the collateral, if it is not at the location specificed, does require a license. RSA 106-F: 4

ETHICS

Ethical conduct is not addressed in the current licensing scheme, thus no adverse action can be taken for unethical/unprofessional conduct. The New Hampshire League of Investigators, Inc. (WWW.NHLI.NET) is trying to change that with HB 776 which will add testing to obtain a license, compulsory Continuing Education to renew it, and a definition of ethical conduct to give the Regulatory Board and Agency (Department of Safety) some tools for enforcement; better public protection through higher standards.

REASON FOR THE ARTICLE

In order for the attorney/investigator relationship to prosper both parties need to be aware of the laws governing the investigate activity. I have been an investigator for many years and a member of The New Hampshire League of Investigators, Inc during that time. I am its Past President. Our members are kept aware of these laws, by way of our publication, our website, and our training. Sadly I still run into non-members, licensed investigators, who ask questions like: “the GLB… what’s that?” The Miller v Blackden decision is another scenario that can be avoided by knowing the law.

FIND AN INVESTIGATOR

In addition to the educational opportunities available, members of The New Hampshire League of Investigators, Inc agree, in writing, to adhere to its Code of Professional conduct. Membership in the Association is the Hallmark of the Professional Investigator in New Hampshire.