Archive for the ‘Law School’ Category

Commercial Litigation in the Kingdom of Thailand

Friday, May 7th, 2010

Thailand, officially the Kingdom of Thailand, is not only a popular as well as serene tourist destination but also a booming commercial center comprising a flourishing dispute resolution market. In other words, Thailand is one of the prominent trading partners with investment in almost all international businesses.

Every business in turn cannot exist without contract. In case, if any of them goes wrong, it is vital to fix the problem as quickly and as easily as possible. Hence, it is evident that disputes form an integral part of Thai commercial life. Although, in most cases, disputes occurring as a result of commercial business activities are quickly resolved, there are certain instances during which commercial disputes are complex and require some kind of formal assistance in the form of lawsuit to resolve or negotiate Thai business disputes as well as contracts.

Mostly, such conciliatory methods as arbitration, negotiation, and adjudication are commonly used for dispute resolution. However, when disputes pertaining to business or commercial conducts become complex as well as chaotic, confrontational methods such as commercial litigation is adopted to resolve the business disputes.

Commercial litigation is the lawful way of resolving dispute that usually occurs between professionals and people involved in commercial relationships. Broadly speaking, Commercial litigation usually involve resolving disputes in a plethora of areas in connection with business arguments, such as, bankruptcy matters, debt collections, settlements, contract disputes, financial transactions, shareholder litigation, partnership disputes, allegations with regard to consumer fraud, disputes regarding insurance coverage claim, unfair competition, and real estate litigation.

However, commercial litigation in Thailand is foreign, and this is considered unwelcome as per Thai custom and culture. Discussed further in this article are regarding the features as well as procedures involved in commercial litigation in the Kingdom of Thailand.

The court system in Thailand is three tiers: the Supreme Court (also known as Dika), the Courts of First Instance, and the Appeal Court. Apart from these, Thai court system also consists of several specialist courts such as the Labour Court, the Bankruptcy Court, the Juvenile and Family Court, the Tax Court, and the Central Intellectual Property and International Trade Court, and above all, the Administrative court for considering and handling disputes as a result of administrative contracts. Further, there are two main institutions in Thailand for dealing with commercial arbitration, such as, the Thai Arbitration Institute (TAI) and the Thai Commercial Arbitration Committee of the Board of Trade.

Usually for civil or commercial litigation, first of all, a claim or complaint must be filed with the First Instance Court. As the next step, it must be ensured that lawyer chosen on the behalf of applicant has been appointed properly.

Usually, an applicant appoints his attorney using a power of attorney. It is also necessary that that the applicant should prove his legal status and the person who has been given the power of attorney are eligible to execute the functions duly. In case, the applicant is a foreign entity, he is required to furnish a multitude of documents to show proper authorization. In addition, all of the documents must be notarized by a notary public as well as legalized by the Thai embassy.

If the applicant fails to submit any of the required documents, it may sometimes prove fatal to the claim of the applicant. A foreign entity can be sued in a court in Thailand. But, in case, if the foreign entity does not have domicile in Thailand, the procedures are usually conducted via the diplomatic channel and mostly it may take a period ranging from six months to one year to receive it.

The language is another important feature pertaining to civil as well as commercial litigation in Thailand. Usually, all of the court proceedings are conducted in Thai, since it being the official language of Thailand. Hence, no exception in the case of commercial litigation proceeding. Apparently, all of the documents in connection with the legal proceedings must be translated into the Thai language.

Above all, the success of commercial litigation proceedings usually depends on the expertise of the lawyer. Hence, it is vital to make a thorough investigation with regard to the reputation as well as professionalism, before approaching or contracting them.

A host of law firms are now in Thailand, providing the services of expert lawyers for dealing commercial litigation. Many of these law firms render a continuum of services in connection with solving disputes in arenas such as banking, construction, insolvency, transport, commercial and corporate, and employment.

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Understanding the Value of Admiralty Law

Friday, April 30th, 2010

In this day and age, Admiralty Law seems like a thing of the past to those who are not directly affected by its principles. Also known as maritime law, this principle governs everything from shipping to wharf operations to recreational rules and regulations. Without Admiralty Law, the waterways and oceans would become a place of pandemonium and “might makes right” seamanship. Obviously, these laws were put in place for a reason.

Despite the fact that many people of this day and age don’t realize the implications of piracy on the waterways, especially international waterways. Piracy falls under the areas of inclusion where Admiralty Law is concerned. All too often those affected by piracy end up feeling powerless against their intruders and never really effectively deal with the impact of piracy.

While the movies may make piracy out to be a beatable force with a little determination and creativity, in reality, a man with a machine gun at your face isn’t something that can be deterred by swinging ape like around on the boom. While most cases of piracy are never prosecuted, there are a few cases on the books that prove that a little evidence and a high quality maritime injury attorney can change the outlook of someone who has been abused by piracy.

Maritime law, or Admiralty Law also extends to disputes regarding recreational accidents. This mean when the uninsured yahoo who has had way too much to drink, anchors in forward, skips the backing down, and launches himself merrily into another beer shouldn’t be surprised when the boats downwind of him rely on a maritime injury attorney to recoup the damages caused by his boat at three in the morning when the wind kicks up and he breaks free.

Of course, breaking free can happen to anyone, but anyone who has spent any time on the water knows that there are preventative measures and there are encouraging measures. Maritime injury lawyers are flooded with cases stemming around those who forgot to take their preventative measures.

Injury at sea is also included under Admiralty Law. This applies mostly to those who make their living on the water in one form or another, as well as to principles of safety involving merchant sea-persons and the U.S. Coast Guard. It also applies to the skipper who is taking an overloaded boat out for a day sail and for whatever reason drifts off into a day dream or takes his attention away from his responsibilities, backwinds the sail, and sends one of his crew members for the day careening into the waters, where if he’s lucky enough to stay conscious he may only have a concussion to deal with.

Maritime injury lawyers usually do a reasonable consultation on these types of cases to determine fault, evidence, and if the case is tri-able in the long run. Injury at sea can be very serious and costly for both recreational boaters and those who earn their paycheck from the water. No injury at sea should go without a consultation by a maritime injury attorney.

Admiralty Law as it applies to the injury at sea goes hand in hand with the Jones Act. The Jones Act was determined to be the ruling government of issues relating to injuries that occur on the water or along the water’s edge basically, that was a direct influence involving monetary gain. This means that dock workers, commercial fishermen, merchant sea-persons, and even barge construction crews all fall under the Jones Act protection laws.

If a worker is injured while earning a living at sea or a sea related activity, they really should immediately contact a maritime injury lawyer to determine if their case is relevant to the Jones Act. If it is, they should acquire specialized representation, as there are different rules and regulations regarding the Jones Act as it applies to injured workers when compared to regular worker’s compensation. These differences are very important and they should be explained by a down to earth maritime injury lawyer.

Of course, there are thousands of situations that apply to the Jones Act and Admiralty Law. There simply isn’t the capacity to cover them all in one article, or even a dozen for that matter. The bottom line is pretty simple, if it relates to an injury at sea or other damage caused by negligence or a preventable situation, the type of lawyer a person chooses does matter.

While a recreational sailor can hold a drunken anchoring job accountable for damages to his boat under either the Admiralty Law or through a regular attorney for negligent behavior. The laws and standards of proof are a bit different from each other and one should consider very carefully before deciding which way to go. Just because as a society we are more familiar with lawsuit derived from negligence claims doesn’t mean that this is the better alternative.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Filing Your Mesothelioma Law Suit – Frequently Asked Questions

Tuesday, March 23rd, 2010

It’s a disastrous diagnosis – mesothelioma contracted from occupational exposure. It is well known that the symptoms of mesothelioma can appear years, even decades, after occupational exposure, and its effects can be life-changing at best, life-threatening at worst. As soon as you have found competent medical care for your mesothelioma, you should consider filing a mesothelioma lawsuit with an experienced attorney. But what does mesothelioma litigation entail? This article will answer some frequently asked questions about filing your mesothelioma lawsuit.

What does “occupational exposure” mean?

“Occupational exposure” means that you were exposed to the agent that caused your mesothelioma – usually the toxic mineral asbestos in its insulation and fireproofing forms – in the usual course of business. If you worked with asbestos and then contracted mesothelioma, even if it was years after the exposure, you experienced occupational exposure.

What does a mesothelioma lawsuit entail?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma.
The court will set a series of dates for discovery and trial and, if the case does not settle, both parties will begin to work towards building a case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case.

An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. Be prepared to sign waivers releasing this medical information to the requesting parties. Your attorney will advise you which documents to sign and which releases to give.

During the discovery process, your attorney may also consult with medical and other experts, who perform a variety of services such as document review and reports, medical examinations and detailed expert testimony on issues related to asbestos exposure, mesothelioma and employment.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints.

This may or may not result in a monetary settlement. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

Do Patients Win Mesothelioma Law Suits?

It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. This negligence, both willful and accidental, means that employers bear some responsibility for the health damages of asbestos exposure incurred during occupational work. Patients can and do win mesothelioma lawsuits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.

LegalView.com is your source for everything legal on the web. Visit http://legalview.com for access to a construction accident attorney referral or information on mesothelioma cancer lawsuits. Users can access the site at http://mesothelioma.legalview.com. Here, locate a mesothelioma lawyer.

Idaho Sexual Harassment Law: Know Your Rights

Sunday, March 21st, 2010

Sexual harassment is so multi-formed that for many who encounter it, they may not even know to identify it as harassment. This form of harassment is a multi-headed hydra; some may only identify sexual harassment on its face, explicit and direct.

Actually sexual harassment can be subtle; it can be simply as an ongoing act of unwanted or unwarranted flirtation, or inappropriate suggestion. The act is disruptive enough to interfere with someone’s life or job or whatever field or role the victim plays in life.

The federal law protects citizens from harassment. Title VII of the Civil Rights Act of 1964 specifies sexual harassment as a civil right violation and a form of sex discrimination. Some examples that the law provides protection for are: unwelcome and aggressive sexual advances, requests of sexual favors or other verbal or physical conduct of sexual nature that affects the individual’s employment, interferes with the individual’s performance at work or creates a hostile or offensive work environment.

Idaho has its own civil litigation laws and title code that defines specific instances in the sexual harassment. Federal law provides the basis for each state’s law process to help define.

Idaho and It’s Take on Addressing Sexual Harassment

According to Idaho’s Commission on Human rights, twenty percent of their cases at the commission involve sexual harassment. As with many sex-crime acts, they are usually not reported. Studies have found that this is due to victims feeling ashamed that they were at fault for some reason and that their allegations will be looked down upon. This not only leaves them humiliated and taking an emotional loss, but can leave the harasser to victimize others.

Cultural differences define regions of the nation. Some civil rights may be more familiar within certain cities than others. The social climate may be different say, for instance, a comparison between San Francisco Metro (where civil rights issues are constantly brought to the table) and an Idaho city like Couer d’Alene.

Having a percentage of the work force walking into a job and not really being civically aware of their rights may create an ideal setting stage for harassment. It would be wise to consult with a lawyer if you think that there is sexual harassment. Those victimized will know, because they certainly will not feel comfortable for whatever situation they are in.

In the example case from Idaho, it would be best to look for Coeur d’alene sexual harassment lawyers so they know more about stopping the abuse. Most attorneys will not charge for the initial consultation so there would really be nothing to loose.

Art Gib writes for Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/sexual_harassment.html) whose staff of Coeur d’Alene sexual harassment lawyers are well versed with Idaho law and ready to defend your rights.

Idaho Personal Injury Laws

Wednesday, March 10th, 2010

Idaho’s laws in regard to personal injury will be very similar to those in all other states of the nation. However, there will be some differences in both law and the attitudes of the courts from state to state, even region to region.

Even from one city to another, there is the possibility of encountering minor differences in law, and you are almost certain to run into differing dispositions and attitudes from one jurisdictional region to the next. As such, an Idaho personal injury lawyer that has experience practicing in the area where you were injured would be the best act to take upon being injured in Idaho.

Types of Personal Injuries

The term “personal injury” is pretty broad and includes several types of injuries. Specifically (and legally), it includes all injuries that occur to you personally and includes both physical and psychological (including emotional damage) injury and applies whether the injury was sustained through another intentionally, negligently, or by accident.

In other words, personal injury includes both physical injury to your body, as well as emotional injury resulting from distress, humiliation, depression, and other similar situations that are caused through the actions of others or through the negligence of others.

Negligence cases will most often involve a form of physical injury, though psychological damages will often be claimed in association with the physical.

As an example, if you were attending a public event (concert, sports event, or simply shopping at the local grocery store) then slipped and fell due to a failure to maintain the grounds (ice or snow that hasn’t been cleared, banana peels or other garbage that hasn’t been cleared, etc.) and break your arm, then personal injury could include both the broken arm as well as the humiliation suffered from falling in public.

If you were to break your watch or tear up your new boots however, this would not be included as part of any claim of personal injury.

Emotional harm can further include slander, false arrest, libel, character defamation and more.

Variations of this law that pertain to Idaho can be reviewed by an Idaho personal injury lawyer to ensure that you are able to take full advantage of any and all claims of personal injury and have the full force of the law on your side.

Preparing to Meet Your Idaho Personal Injury Lawyer

In many personal injury cases where the fault is very clear or an attorney feels highly confident about winning, they may work out an agreement that give them a percentage of the money won in a personal-injury lawsuit (usually around 33 percent) rather than charging you for time.

However, if that is not the case, you will be charged by time. Whether you are contacting your lawyer for the first time, asking for simple advice, or asking what to bring for a meeting, you will likely be charged an attorney’s fee. Minimizing your costs will be beneficial to you as you will receive a larger amount of the claim the less you use up your attorney’s time.

One of the most important things you can do to save both yourself and your attorney time (which will save you money) is write up a detailed story that describes exactly how you sustained your physical injuries as well as any distress or other psychological effects that you have suffered as a result.

Be sure to include details leading up to the event, and pertinent details that happen afterward (especially anything that caused emotional distress such harassing phone calls after the injury took place, undue pressure to settle from the party at fault, humiliation you felt due to the injury being witnessed, etc.) and all details that you can think of, even if you think it might hurt your case.

Your lawyer will do everything he or she can, and withholding anything at all can hurt your case or come back to bite you later. Your lawyer is interested only in helping you with the legal aspect and isn’t there to judge you or your motives.

Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/injury_law.html) specialize in Idaho state law, and retains the services of Idaho personal injury lawyers that both understand the law and the attitudes of the community where they practice.

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