Tuesday, December 16, 2008

Common Mistakes When Choosing a Denver Attorney

In this article I would like to talk to you about a few common mistakes people make when choosing a Denver Attorney wreck. I hope that with this knowledge you will be able to avoid the frustration that goes along with a incompetent lawyer. Well enough small talk lets begin with our first mistake.

Do not judge a Denver lawyer by their age or school they attended. Age has almost nothing to do with a lawyers experience and skill in the courtroom. A young lawyer can be very good and an old lawyer can be totally incompetent. The same goes for the school they graduated from. Just because it is a prominent school does not mean they are capable to win. School and on the job know-how are two different things. A good grade on a college exam does not mean that person is diligent or that attorney knows how to win a trial.

An even bigger blunder people make is in choosing a Denver law firm instead of a Denver attorney. You need to choose a specific car wreck attorney that you feel happy with. Don't just choose a law firm because you heard their name in the paper. They might be a good law firm but maybe they specialize in divorce or medical malpractice. Or maybe the lawyer that will represent you is new and never tried a case before.

Another error people make is to hire a trial lawyer because they saw them on television. Just because a lawyer has money to spend on television ads does not make him the best attorney or they right one for you. You need to do your research about a lawyer. Look into their track record. How many cases did they win? How many did they loose? It is very essential that you understand this. Being on television. does not make one a good car accident lawyer

Another mistake is choosing a lawyer based on referrals from family or friends. Although asking friends and family is not a bad idea the problem arises when you fail to ask about the details. Does this lawyer specialize in car wreck cases? Your friend's attorney might be the best medical malpractice attorney on the planet but how will that help you with your car accident court case?

The last and biggest mistake I want to warn you is failure to interview the Denver lawyer before you hire him or her. You need to make sure that this attorney is right for you. Make an appointment and talk to them. Make sure you ask question. How many cases did they win? How much knowledge do they have about this type of case? What are their rates? Ask as many questions as you can. Pretend you are interviewing some for a job. What would you ask that person? Would you be comfortable hiring someone that is not experienced for a high paying job? Would you hire someone that seems to not think logically and that you are not comfortable with?

(Source: Jason Crabtree)

Law Firm teaches how to avoid hiring Americans



This video makes it tough on all of the Law Firms out there. On the otherhand, if you have a good reputation, maybe this video will help you keep your clients!

Thursday, December 4, 2008

25 Questions to Ask A Lawyer

Article taken from www.lawyerlistings.com

Some of the questions that would be helpful to most individuals in selecting a lawyer include the following:

  1. Has the lawyer handled matters like this one before?
  2. Approximately how many matters like this has the lawyer handled previously?
  3. Does the lawyer specialize in the area of law in which the client is interested (e.g. Corporations, Contracts, Domestic, Criminal, etc.)?
  4. Will the client be charged for the first consultation?
  5. How much does the lawyer charge per hour?
  6. How many hours does the lawyer believe it would take to complete the task?
  7. Does the lawyer object to the client obtaining information about the subject matter before visiting with the lawyer? If so, for what reason?
  8. What is a contingent fee, and what percentages does the lawyer charge?
  9. Are there any government licensing fees or filing fees for this type of work?
  10. Are there any statutory guidelines for this type of work?
  11. Does the lawyer provide the client with a written contract or a letter confirming employment? If so, can the client see an example?
  12. Does the lawyer have any references?
  13. When did the lawyer graduate from law school?
  14. Has the lawyer ever been admonished or cited by an ethics committee? If so, for what reason?
  15. Has the lawyer ever had any complaints filed against him? If so, for what reason?
  16. Has the lawyer ever lost his license and, if so, for what reason?
  17. Does the lawyer object to the client asking these questions? If so, for what reason?
  18. Does the lawyer (recognized by his peers for his expertise) receive referrals from other lawyers relative to this particular area of law (Corporations, Contracts, Domestic, etc.)?
  19. Is the lawyer licensed in any other state or has he ever been?
  20. Has the lawyer ever received any honors; if so, identify and describe the honors.
  21. Has the lawyer ever published? If so, identify the publications and area of publication.
  22. Does the lawyer advertise? If so, why and where does he advertise?
  23. Has the lawyer worked with any other lawyers or firms to whom the client may be referred for evaluation of a lawyer?
  24. Does the lawyer refer work to other lawyers in other areas of the law where the lawyer is not an expert?
  25. Identify some of the seminars the lawyer has attended during the past several years and what have been the areas or topics of discussion?

If, after asking these questions, you are still uncertain about your choice of legal counsel, we suggest you contact your local Bar Association.

How to Select a Denver Lawyer

In selecting a Denver lawyer, great care and deliberation are essential. Most lawyers in Denver are extremely well-qualified in the areas to which they devote their practice. Lawyers have been well-trained by law schools, their law firms, and the individual lawyers with whom they have had associations. Most State Bar Associations require not only the successful completion of law school, but they also require the passing of special bar exams to be certain that lawyers understand both the basic precepts of the law, which apply to various fields of law, and also the appropriate ethical considerations. The State Bar Associations and the local Bar Associations assist in the policing of its' members to make certain that lawyers comply with ethical considerations, comply with certain rules and regulations, and correctly apply the practice of law.
In many localities, lawyers are permitted to advertise in the yellow pages for an area of specialization. Often the area of specialization is regulated by the Bar Association. The Association requires that lawyers maintain a skill level, which mandates the annual completion of additional study in the area of expertise under which each lawyer is listed. For example, if a lawyer lists his area of expertise to be Corporation Law, then that lawyer must, in certain states, maintain continuing legal education for a set number of hours each year in that area of law. This is often true of other areas of specialization such as Trials/Litigation, Administrative Law, Domestic Law, Criminal Law, Bankruptcy Law, etc. In some instances, a special test is required for proficiency in a particular area of law such as Intellectual Properties, including patents, copyrights and trademarks. Often other areas are internally protected by the government agency that administers a particular area of law. An example would be Securities Law, wherein government agencies regulating securities will require lawyers to meet certain standards and objectives.

Some states and some localities have referral services that will at random refer an individual to a lawyer who has developed a certain area of expertise in a specific field, such as Domestic, Bankruptcy, Landlord/Tenant, etc. Additionally, there are certain services that will rank or rate lawyers, such as the ratings system we apply to lawyers listing on our site. However, caution should be used in viewing any ratings assigned to a Denver lawyer or Denver law firm within any publication since such ratings may be politically motivated. Some services look at the number of years a lawyer has practiced. Sometimes special ratings are given to lawyers who are members of large firms. Therefore, if a lawyer is not rated as highly by some of these various services, it does not necessarily mean that the lawyer is not extremely skilled or well qualified for that particular purpose. There are several ranking systems out there for lawyers including ones on the Internet for those computer savvy.

The primary considerations in selecting a Denver lawyer should be whether the client feels comfortable with the lawyer selected and if he is confident that the lawyer is competent in his field of expertise. Much depends upon an individuals judgment, and many times a Denver lawyer is hired on the basis of referrals from other individuals who have for one reason or another experienced a lawyer/client relationship as a result of work performed. The client must feel very comfortable and confident that the lawyer selected is the one who can capably handle the client's needs. When it comes to someone representing you in court, trust is a big issue when selecting a lawyer in Denver.

Monday, November 17, 2008

Trial lawyers - Keeping up a Professional Appearance

A Denver lawyer going into court for the trial of the case he is handling is very much alike to the soldier going into the battlefields to fight a war. Both must be equipped with everything they need to win their separate battles.

As a soldier cannot go into battle wearing flimsy, inappropriate apparel, the lawyer cannot also go into court to win a client's lawsuit decked out in inappropriate get-up.

In court, the opening statements and first instances of arguments serve as a rich venue for the arbitrators, juries and judges to observe the lawyer and form their initial impressions of him and the case he is representing. Given this reality, a trial lawyer must be adept in putting up an appearance and demeanor that will possibly generate the most positive influence to form such first impressions.

In the beginning, if a Denver trial lawyer presents an appearance of being offensive, his image more or less becomes tarnished for the rest of the proceedings. In the eyes of those observing the lawyer, he already has a lower ethos. However persuasive his arguments may be, these may also be affected by the initial appearance he has shown.

There is an existing diversity in dress standards for every part of the country. In the western part, the code of apparel is far more casual and relaxed compared to some sections in the East Coast.

There is no given recommendation on the standards of dress codes. However, every lawyer must see to it that his way of dressing and overall appearance does not radically oppose or offend the general dress standards in the particular area where he will appear for a trial. Denver lawyers must also be aware of their audience expectations or standards on how an attorney at law ought to look.

According to Paul Mark Sandler in The Daily Record http://www.dailyrecord.com/apps/pbcs.dll/frontpage, many trial lawyers tend to avoid using bow ties because of the belief that juries are not inclined to trust someone wearing bow ties. On the other hand, lawyers who are going to argue appeal cases or are representing cases with no jury trial does not hesitate to use bow ties.

Although a lawyer may prefer colorful or more casual attires, traditional suits remain largely as a good manifestation of professionalism and competence, and thus most recommended.

For Denver trial lawyers going into court, they must appear conservative in a certain way that is well matched to the attire they are most comfortable with. His whole get-up must also be consistent with his regular personal style and adaptable to the expectations of the audience.

In accessorizing, the lawyer must be careful in choosing jewelries to match with his outfit. While there is no code regarding wearing of flashy or sparkling jewelry, it could become a distraction, and thus, quite inappropriate in the courtroom.

There is a theory that opulent jewelry worn by a lawyer could cause some rift between him and the jury's perception of his arguments. The jury would fail to identify with the lawyer's case since they perceive a certain extravagance due to the show of jewelry.

Aside from a trial lawyer's mode of dressing and accessorizing, here are other equally decisive factors that influence the jury or judge's perception of the lawyer and his client's suit:
- The way a lawyer arranges his documents and materials on the table. If a lawyer wants to convey the aura of being well prepared, organized and in-control, he must strive to maintain a neatly arranged table during the course of the trial.
- It is adequately helpful for a trial lawyers to learn about the judge's preferences in the conduct of the trial. This would avoid him from suffering unnecessary embarrassments.
- To gain more impact in a closing argument, it is advisable for a lawyer to move along each juror and make eye contact with him or her. These gestures instill a powerful impression for each juror, implying that he cares about every one of them and that he is speaking sincerely, rather than saying a piece of memorized script.
- The Denver trial lawyer's delivery of his arguments must not be wrought with overly dramatic facial expressions and motions, although making eye contact is recommended.

Every trial lawyer may have different views on how to appear, stand and deliver in court. The general principle is for them to appear comfortable, natural and reliable in order to exude confidence and positive influence.

Wednesday, November 12, 2008

Personal Injury

Experiencing accidents is a part of life. Even if you take the strictest precautions, nothing will prepare you when accidents decide to strike. What is worse is that personal injury due to accidents may not be our fault. We have as much chance getting injured due to other people's negligence than our own lack of preparedness. When you are grieved and hassled because of an untimely event, you have to make sure that the person responsible for your accident will answer to your claims.

Personal injuries caused from accidents can affect you in many ways. Simple injures can give you unnecessary inconvenience; minimal but all the more unnecessary. When the injuries are severe, the toll to your lifestyle is much affected. Pretty soon you will be counting the lost hours from work, missed opportunities, and snowballing financial turmoil such as debt and delayed bill payments. Naming a price for the emotional and physical impact of a personal injury due to accidents is very difficult.

To ensure that you are given the compensation well within your rights, approach a third-party that handles personal injury claims. Personal injury consultants evaluate your case and assess the legitimacy of your claim. If they believe that there is a great chance that you can win your accident claim, they will sign up as your solicitor. These companies are instrumental for the claimant who does not fully understand how claims for personal damages work. The lack of information on the part of the claimant will make them vulnerable when the accident insurance company convinces them to take low cash benefits. At the same time, claimants do not know the limits and the process of making claims. Accident claims exist to establish the rights of the claimant and the obligations of the party responsible for the accident.

Accident claims are a grueling process for the unprepared. Insurance companies can bully you into different terms and conditions to force you to settle for lower benefits. In addition, insurance companies may stall the cash benefits such that it will be useless for you when the cash arrives. Personal injury claim companies will guide you in getting your rightful compensation at the earliest possible time. With them on your side, they can act as negotiators so that you can get more for the financial and emotional damage caused by the personal injury.
Personal injury claims consultants can also help you establish a case against the party that you feel is responsible for the accident. Claims can cover traumas due to medical negligence, road traffic accidents because of an unruly driver, or slips and falls because of a wet corridor in a building. Claims companies will help you go after those responsible for your accident. Once you request an assessment regarding your claim, they will verify if a party is at fault. This way, the accident claim can go after the insurance company of the responsible party to collect the victim's compensation.

Companies that help in your personal injury claims adopt a no win no fee policy. No win no fee policy means that if you decide to make a claim with a solicitor, he cannot collect a fee until you win your claim. In addition, the cost of the solicitor should be reimbursed from the insurance company of the other party. Win or lose, you do not have to pay the claims company.

Making a personal injury claim can be a long process. Insurance laws make it hard for victims to file and process their claims with the insurance company. With the help of claims companies, you are armed with information and resources that you can use as leverage against your insurance company.

Tuesday, November 4, 2008

What you NEED in a Denver Law Firm

The idea of entering into a law suit is not a fun one. It is stressful and bothersome. It is so overwhelming that some even decide against it either because they do not want the headache themselves or because they do not want to inflict suffering upon someone else. The right Denver law firm offers information to educate victims of their rights and entitlements. Their resources will put you at ease when considering legal remedy and put you in touch with an attorney in your local area.

Common legal procedures include personal injury, divorce, criminal defense, bankruptcy, immigration law, and employment law. If your legal matter falls in one of these areas it may be comforting just to know that you are definitely not alone and that others, like you, are standing up for themselves to receive compensation for their hardship. The right Denver law firm offers comprehensive guides in each of these procedures, as well as many others. From definition to compensation you will find the answers you need to proceed with knowledge and confidence.
In addition to knowledge you need advice. How do you even know that you have a case? Submit your details to the right law firm in Denver and they will provide you with a free case evaluation from a local lawyer. You won't have to wait around for your case information either. Most replies are received within minutes of their submission.

Once you make contact with a Denver law firm and your local Denver attorney, you will discuss all your concerns and address any questions you have. But maybe you would like to immerse yourself in some knowledge first. You may just wonder how a personal injury claim works. Or how does one prove medical malpractice. These answers and many more can be found in the Resources area of Lawfirm.com

The right Denver law firm also knows that in addition to knowledge, awareness provides education and comfort to a person considering or entering into a law suit. That is why they offer current and relevant news stories consisting of case reviews, current laws, and new laws being passed. Whether the new stories are directly related to the matters of your case or not, the articles provide insight and understanding of laws and court cases, how they work, and what to expect.

The right Lakewood law firm in and of itself is an easy to understand and non-intimidating resource for people pursuing legal remedy. It offers advice and assistance from the first stage of consideration to receiving compensation for a one stop shop of legal advice and service.

Monday, October 27, 2008

Positioning in a Law Firm

If you run into a legal dispute, and everyone does, you may need to hire a Denver law firm to represent you. If so, it helps to know who is who in regard to positions in the law firm. It may be confusing but we'll try to clearify it in this article.

Positions in a Law Firm
It may come as a surprise to learn that Denver law firms tend to be very rigid in their structure. From the very beginning, the law firm has maintained a layered structure that just seemed to work. As the years have passed, there has been little or no change to this structure. If you retain a Denver law firm to represent you in any legal matter, it helps to understand the positions and who you will be speaking with.

At the top of the organization chart is the lead attorney on your case. This is where the buck stops when it comes to strategy, final decisions and problems. The lead attorney is often a partner in the firm, but not always. He or she is the attorney you will probably meet with when you first come into the firm. The attorney is responsible for practically everything on your case, but has a team that does much of the leg work on day to day matters.

Below the lead attorney, one tends to find an associate lawyer. The associate is typically a less experienced attorney who is earning his or her stripes and trying to work their way up to a partner position. When it comes to communicating with the firm on your case, you will inevitably talk with the associate on numerous occasions. He or she will often call with questions related to factual issues and will address many of your questions as they arise.

Next comes the valuable paralegal. The paralegal is not a licensed Denver attorney, but is often very knowledgeable on legal issues and strategies. The paralegal role in a firm is to do most of the detail work. This can include hunting down witnesses, setting depositions, compiling filings and so on. He or she will often share work with the associate attorney.

Finally, the law clerk is a person in the firm that will probably work on your case a lot without you even knowing it. A law clerk is almost always a law school student trying to get some experience in a Denver Law firm to beef up their resume. To pick up practical experience, the law clerk takes a part time position with the firm. The job duties vary from firm to firm, but often are focused on doing legal research on various legal issues. Much of the legal regulation of a situation is determined by case law opinions issues by appellate or supreme courts of the states and federal jurisdictions. A law clerk spends a lot of time in a library reading these as they relate to your matter and reporting the results back to the associate and lead attorney. This is a very important position for your legal case but often the credit is not given to the legal cleark.

Wednesday, October 22, 2008

The Power of Attorney - Protecting you Family

There are few circumstances when your loved one should execute a financial power of attorney that gives their agent the immediate authority to make financial decisions. Financial powers of attorney are one of the easiest ways to commit elder financial abuse.

The preferred method is to require that the agent's authority is granted only after two qualified medical doctors declare in writing, under penalty of perjury, that the elder is mentally incompetent and unable to make sound financial decisions.

Although still not foolproof, this requirement gives a great deal of protection against financial exploitation. A bad guy must now involve two doctors in order to carry out the rip-off.
It is always possible that the perpetrator will simply have the elder execute a new power of attorney that revokes all prior powers and gives the agent the immediate authority. When family members and friends are actively involved in the elder's life, the crook will have much more difficulty in accomplishing this without being caught.

When the elder has no immediate family or friends, the odds of being financially abused are greatly increased. However, there are still some preventive measures that can be taken to reduce the risk.

Speak with bank personnel and other financial institutions where the elder's money is invested. Show them the power of attorney and explain that its purpose is to protect the elder in case someone tries to take advantage. Point out the added protection that requires two qualified medical doctors confirm the elder's lack of capacity before the power of attorney is effective.
Ask them to red-flag the elder's accounts by placing a computer notation that the bank personnel should question any substantial withdrawals or unusual activity.

In my city and state (Riverside, California), for example, a law exists that makes all bank employees a mandated reporter. This requires bank personnel to report any reasonably suspicious activity to local law enforcement. In states where similar laws exist, bank employees will receive some training to identify the signs of financial exploitation in order to comply with their mandated reporter requirements.

Many family members hesitate on broaching the subject of powers of attorney, in fear that their elderly loved one may take offence and tell them to mind their own business. Every family has their own unique dynamics. However, you can ease some of the awkwardness by doing some of your own research and sharing it with your loved one. Many counties agencies have informational brochures that explain the purpose in creating powers of attorney and how they can assist in financial matters.

Delaying the discussion often results in no action being taken. Then, when the need arises, it is often too late because the elder no longer has the requisite mental capacity needed to execute the power of attorney.

There is no surefire way to avoid financial exploitation of an elder. However, through education, discussion and assistance with the financial institutions involved, and with the help of a qualified elder law attorney, a power of attorney can be put in place that affords piece of mind that the chances of financial abuse are minimized.
By: George F. Dickerman, Esq.

Monday, October 20, 2008

Denver's Best Lawyers

Preeminent Denver Trial Lawyers

The attorneys of The Overton Law Firm provide pragmatic and cost-effective representation to large corporations, small to mid-sized businesses, and individuals in Denver and throughout Colorado. The firm is listed in the Bar Register of Preeminent Lawyers, and all of our trial lawyers have at least 20 years of trial experience.

Our firm focuses on sophisticated trial work in virtually all areas of complex business litigation. Companies and corporations rely upon us to provide sound business counsel and personalized legal services. Employers and employees alike trust our employment law lawyers to resolve a range of employment concerns and labor disputes. We also seek compensation and justice for clients in serious injury and wrongful death claims.

More information about the background, experience, and accomplishments of our attorneys, can be found in their individual profiles below.

Thomas J. Overton
Certified as a Civil Trial Advocate by the National Board of Trial Advocacy

Since graduating from the University of Tennessee College of Law with High Honors in 1982, Thomas J. Overton has practiced exclusively as a trial attorney. Mr. Overton is certified as a Civil Trial Advocate by the National Board of Trial Advocacy, an organization accredited by the American Bar Association. Mr. Overton is trial tested. He has been lead counsel in numerous trials and appeals in both federal and state courts in Colorado and across the country.

Mr. Overton acts as a Hearing Officer for the Colorado Supreme Court Attorney Regulation Board. He has served on several community boards, including the Denver Children's Home (past president) and the Colorado Intermountain Fixed Guideway Authority. He is also active in the American Inns of Court.

Mr. Overton founded the predecessor of The Overton Law Firm in 1991 after spending several years with a nationwide law firm. His clients include multinational corporations, professionals, entrepreneurs, small and medium sized businesses, and individuals and families.

Mr. Overton is committed to fighting the battles that have to be fought to protect his client's rights and interests. His experience includes a wide variety of complex business litigation as well as cases involving serious personal injuries and death. Because of his recognized expertise, Mr. Overton is often hired by other lawyers to act as special trial counsel on cases they are handling.
Mr. Overton has been selected as a Colorado Super Lawyer in 2006, 2007 and 2008 and identified as a "go-to" Lawyer by Fortune Magazine.

Mr. Overton is highly experienced in handling contentious litigation. He works closely with his clients to achieve their goals and favorable results on their cases.

Dan S. Cross
Dan S. Cross has practiced in the fields of labor and employment, business law and commercial litigation since his admission to the practice of law in 1979. He is a cum laude graduate of Duke University (B.A., Public Policy Studies), and Mr. Cross is a graduate of the University of Denver Sturm College of Law. From 1990 to 1996, Mr. Cross was Senior Human Resources Counsel at U S WEST. Now a partner with The Overton Law Firm, Mr. Cross has built a successful practice representing businesses of all sizes.

Mr. Cross has been selected as a "Super Lawer" by 5280 Magazine and identified as a "go-to" lawyer by Fortune Magazine.

In addition to corporate law, his practice emphasizes labor and employment law and litigation, and he represents both executives and businesses. His more than twenty-five years of multi-state experience includes labor negotiations, reductions in force, sexual harassment, non-compete issues, wrongful terminations, employment litigation, and compliance with all labor employment laws, including the FMLA, FLSA, ADEA, and ADA. He is a featured speaker to human resources professionals and to attorneys for their continuing legal education credit on employment issues such as drug-testing, executive separations, employee discipline, and unlawful discrimination.

Mr. Cross is acknowledged by all levels of management to be responsible, practical and well-informed. His advice is pragmatic and usable, and he offers aggressive and personalized representation to businesses, executives and management employees.

Richard J. Gleason
Richard J. Gleason has practiced for more than 20 years in the fields of commercial litigation, personal injury litigation, municipal law and business representation. Prior to practicing law, he worked as a certified public accountant for a Big Four accounting firm. Mr. Gleason is a graduate of Colorado State University and the University of Denver College of Law.

Mr. Gleason served as an assistant city attorney for two Denver metro cities for more than eight years. In addition to litigation, he has worked extensively in the areas of land use, construction, and liquor licensing.

Mr. Gleason's practice is founded on his understanding that people engage attorneys in order to achieve solutions to problems and to resolve disputes. He is committed to providing the most cost-effective means of achieving his client's objectives. He knows that these goals can be accomplished in a variety of ways, including negotiation, mediation, arbitration and litigation, and he is skilled in each of them.

Wednesday, October 15, 2008

Cell phone and text messaging distractions in accident litigation

Written by Ken Shigley

When cell phones and then text messaging came along, a lot of folks just figured they could drive as safely talking on a cell phone as talking to a passenger. I was one of them. A couple of years ago we began to see reports of studies showing that driving while talking on a cell phone was as dangerous as driving drunk and that text messaging while driving is an even bigger distraction.

The recent train wreck in the LA area that killed 25 and injured 130 occurred when the train engineer missed a signal light while text messaging with teenage train enthusiasts. This may be the consciousness raising event that leads to changes in laws and enforcement practices comparable to what we saw a quarter century ago about driving while intoxicated.

Current state laws on this emerging topic include:
  • Cell phones: California, Connecticut, New Jersey, New York and Washington, the District of Columbia and the Virgin Islands have banned driving while talking on handheld cell phones.
  • Text Messaging: Alaska, Louisiana, Minnesota, New Jersey and Washington have a text messaging ban for all drivers.
  • New Drivers: 17 states and the District of Columbia restrict all cell phone use by novice drivers.
  • School Bus Drivers: In 16 states and DC, school bus drivers are barred from all cell phone use when passengers are present, except for in emergencies.
  • Other rules: Some cities, such as Phoenix and Detroit, have cell phone laws, but nine states have preemption laws that prohibit local jurisdictions from enacting restrictions. Utah and New Hampshire treat cell phone use as a larger distracted driving issue.

My guess is that legislators around the country will soon pass more laws requiring use of hands free devices when talking on cell phones while driving and banning text messaging while driving.

In auto and truck accident litigation, we have become diligent about discovery of cell phone and text messaging records. With increased sophistication about electronic discovery, this will be an an even more important factor in accident litigation.

There are at least three potential uses of cell and text evidence:

  1. The defendant's cell phone and text usage while driving may be considered "conscious indifference to consequences" sufficient to support an award of punitive damages, similar to drunk driving.
  2. The plaintiff's cell phone usage at the time of the incident may be used as comparative negligence evidence to reduce or eliminate a damages award.
  3. If the evidence reveals that a defendant driver was communicating with an employer, or to a customer on the employer's business, then the employer and its insurance policy may be drawn into the case.

Tuesday, October 14, 2008

The Overton Law Firm













A “GO TO” law firm for America’s top companies
(as listed in Fortune Magazine 2006)

The Overton Law Firm provides aggressive and personalized legal representation to individuals and businesses in Denver and throughout Colorado. Quality legal representation begins with experienced, knowledgeable and trial-tested attorneys. Each of our lawyers has more than 20 years of legal experience. All of our attorneys are AV® Peer Review Rated by Martindale Hubbell and we are proud to be listed in the Bar Register of Preeminent Lawyers. Two of our attorneys have been named Colorado Super Lawyers® in their areas of legal specialization. The Overton Law Firm is included in the Colorado Corporate Counsel Black Book.

Whether you are a top 500 company or an individual who has been seriously injured in a car accident, your legal concern will receive the attention it deserves from a lawyer who understands the complexity of the issues involved and the laws that apply. Contact the Overton Law Firm to speak with an attorney regarding your legal concern. In personal injury matters, we offer free initial consultations to help you decide the best course of action.

Business Litigation ● Employment Law ● Personal Injury ● Business Services

The Overton Law Firm provides legal representation in four primary areas: business litigation, business law, employment law, and personal injury law. Additionally, individual attorneys assist with other legal matters such as products liability, real estate, disputes, professional licensing, business break-ups, construction law, and business counseling.

Business Litigation and Counseling: The Overton Law Firm represents a broad range of corporate clients, from Fortune 500 companies to small businesses. Whether your company's problem involves significant financial transactions or complex procedural issues, our lawyers will work with your management team to develop a strategy to achieve your business goals. Our collective experience and team approach to business litigation can protect your company's interests in business litigation, negotiations, mediation, or arbitration.

Employment Law — Employers: The Overton Law Firm provides counseling to corporate clients ranging from closely-held businesses to Fortune 500 companies on such issues as severance, stock options, non-competition agreements, overtime pay, employment contracts, Department of Labor investigations and union issues. Our attorneys have in-depth experience and are recognized as creative problem-solvers and strategists.

Personal Injury Lawsuits: Our Colorado personal injury attorneys are highly experienced in helping people who have been seriously injured and the families who have lost loved ones in motor vehicle collisions, industrial accidents, or from using dangerous or defective products. We have reached successful resolutions through trial and settlement for clients with serious head injuries, back and neck injuries, and other traumatic injuries.

Employment Law — Employees: The Overton Law Firm's trial attorneys represent business executives and managers in employment litigation. The Overton Law Firm provides counseling to business executives on such issues as severance, stock options, non-compete agreements, terminations, and employment contracts. The Overton Law Firm's attorneys focus their strong analytical and communication skills on practical and effective resolutions to employer and employee disputes.

Contact our Denver law office to schedule a consultation with a Colorado trial attorney at the Overton Law Firm. We offer free initial consultations in personal injury and wrongful death cases.

Sunday, October 12, 2008

Tips on Finding the Best Tax Attorney

Getting the best tax attorney is very important when you want someone to take care of your finances. In order to do that you need to know how to choose the best tax attorney. Doing some research will surely help you to know what aspects to look for when you intend to hire the best tax attorney in Denver. You will then know exactly what question to ask the aspirants for the job that you offer. If you do your research you will also know what kinds of references to search for when you want the best tax attorney. It is in your interests to ensure the investment you are making is worthwhile.

If you really need the best tax attorney the first thing that you have to inform yourself of is the experience that the Denver attorney has. This means that you have to know what education he/she has and if he or she actually worked as a tax attorney. You should ask if the person ever worked for the IRS because if he or she did, it will be much easier to negotiate in your benefit. If your problem is a non-criminal issue then the best tax attorney for you is the one that has experience in the IRS Office of Chief Counsel. Even if we should give a chance to people that do not have yet this kind of experience if you have a difficult tax matter the best tax attorney is the one that has worked for the IRS or for another financial authority.

The minimum that a tax attorney should have is a Master’s of Law in Taxation. This is also named the LLM in taxation and it shows that the person studied the tax law for at least one year. The best tax attorney should continue to learn about the tax law even after he or she graduated because the tax law is constantly changing. This aspect could be verified by searching for evidence like articles published by the tax attorney in publications in the domain. Quality advice can be given only by the tax attorney that knows what changes occurred in the tax law evolution.

A specialist is the best tax attorney for you if he or she already handled the exact matter that you have now. When you want to know this you have to put questions to the about the topic that you are interested in and you should start a detailed discussion. You can read more about tax attorney essentials at http://www.taxattorneyresource.com

There are some other general but important aspects that you must consider too when you want the best tax attorney in Denver. The specialist should have good communication skills and should be a good negotiator. In this way, he or she will be able to do the best in your case. An essential requirement is for you to search more than one option when you intend to employ the best Denver attorney.

Friday, October 10, 2008

Denver Law Firm Seeking Web Design

Most Denver lawyers already have a law firm website and most are outdated and do little for their law firm.

Most Denver lawyers also don't realize what a web presence can mean for their business. Many law firms in personal injury have caught onto this as have criminal lawyers in the state. That's why the competitive nature of search phrases for lawyers in your state is so fierce.

If your practicing law in any state you can't survive with online recruitment of new customers WITHOUT search engine optimization. Furthermore, unless you deal with someone who knows what they are seriously doing with SEO with law firm websites then you'll just be burning your money by going with a low balling priced SEO expert. This is a highly competitive industry and I'd be very weary of low priced SEO consultants.

Your best bet is researching your potential web designer & search engine optimizer when finding someone or a company to take on your Denver law firm web project.

Here are some tips on finding the right Lawyer Web Designer:

Portfolio: Look over the company or person's portfolio to ensure they can back up their word with their work. If their portfolio looks like all templates, it probably is. They probably just stole their portfolio off a template website.

Original Design: Getting a law firm website to rank high requires a custom design. A template based (super-cheap) way of getting your website high on the search engines will end in failure. Think about it this way. 20 law firms take the same group of templates and use them for their website. Google see's this when you submit your site to its search engine and sandboxes (bans) you from high ranking listings.

Who Are You Working With: Do they live locally in your area? Can you call them during normal business hours? If they don't answer the phone do they call or email you back with an answer or a solution within 24 hours? Do they use proposals, contracts, and invoices? Or do they take the money and run? Are they an LLC, LLP, or established business... or just some guy out of his mother's basement? Don't get screwed and left with a website that does nothing!

Pricing: We live in an economy where people get paid for what they do. When you pay less, you get less no matter who you deal with. An inside tip. Website designers who will charge you $500 or less will typically use a template (a big no-no for lawyers websites) and either get it for free or for pay $70 and then change some text on the website, submit it to google (which takes 10 seconds) then pocket the rest of the money for their "hard work". Established web designers who consistently deliver results have realistic prices that deliver results and bring a postitive ROI for their customers.

Iniquitous is a web design/SEO company in Denver focused on providing high quality internet marketing and web site development services. We provide ecommerce, custom application development, search engine optimization (SEO), flash design and more to Denver, Colorado. We also provide web design services nationwide.

Tuesday, October 7, 2008

The Significance of a Denver Trial Lawyer for your Case

Written by Carla Ballatan

Cases concerning personal injuries could be traumatic enough as it is, without having to undergo a trial. It is most unfortunate, though, nowadays, insurance companies are more daring than before, which was around the 70s and 80s era.

Now, these insurance companies are in favor of the cases going to a Denver trial as opposed to their usual caution before not to have a case go into trial.

Even the propaganda of insurance companies may now have certain effects on the potential jurors' insight about cases. Now days, most jurors coming to court may already have the expectation that they would find a scam or fraud artist who is professing to be severely injured because of a minor incident.

The broadcast and print media have fairly warned the people repeatedly regarding "Jackpot Justice" wherein people could go before the court asking to be rewarded with millions just because of an incident where they have been spilled with coffee, have fell down into a puddle of water in the department store or had a minor fender bender. These cases are usually termed as frivolous cases.

The insurance companies' propaganda may be right in some cases. Probably these cases are not that numerous but are highlighted so that some victims become discouraged in ever filing a claim, much less a lawsuit before court.

Due to these, there are additional challenges for a Denver trial lawyer with specialization in personal injury and its myriad aspects, to bring light on the significance of a client's case. Even if the jurors and the other participants of a trial case may or may not understand it yet.
The Denver trial lawyer will make every effort in order to let them see your plight as sincerely as possible to thwart off the pre-conditioned thoughts on the minds of the jurors and the other participants. Your trial lawyer will also know how your case can be steered off the possible instances wherein the whole trial would become a terrible experience for you.

Here are the following general steps during trial wherein your Denver lawyer could have a hand in stressing the credence of your case.

Selection of jury or Voir Dire - the lawyers can do the jury selection according to the state's rules. In this process, the lawyer could be subjected to legal rules on what to ask the jurors. However, a brilliant trial lawyer would be highly skilled in knowing how to recognize the potential jurors with a pre-conditioned opinion about the case or with potential for prejudice and discrimination about your situation.

Opening statements - your lawyer, considered, as the Plaintiff's lawyer may be first to deliver his/her opening statements before the Defendant's lawyer or the lawyer for the person/entity you have sued.

If your Denver lawyer is highly competent and a persuasive and expressive speaker, to boot, then he/she can make your case stronger than it actually already is. It takes in-depth research for the trial lawyer to give a factual picture of your pain and suffering and not only move the jurors and the audience's emotions regarding your pitiful state.

Likewise, the witness presentation and cross-examinations up to the final arguments give your lawyer a good fighting chance to provide more emphasis on your injuries and its implications to you and your family's life.

You will be more vindicated in putting your stakes and trust an expert trial lawyer when the jury deliberation passed and they decided to give you the just compensation you are entitled to receive.

Denver Trial Attorneys

If you have been charged with a crime, whether it’s a summary offense or a felony, Denver trial attorneys can be invaluable members of your legal team. Representing yourself in a Denver criminal court is almost a sure way of getting convicted of the crime in question. The law is complicated and only an experienced Denver trial attorney should be trusted with case preparation and presenting your defense to a court of law. One factor that affects the seriousness of your case is the classification of the crime you have been charged with. If you hire a Denver attorney early on, you can review the classification of the crime to plan how you will prepare your defense.

Crimes Against Justice
If a crime is classified as a crime against justice, it means that the crime was committed by interfering with law enforcement or government officials. Crimes against justice can include obstruction of justice, bribery of government officials, and lying under oath. If you destroy documents that are needed for a civil or criminal case, or hide or destroy other evidence, this can also be considered a crime against justice. If you have been charged with this type of crime, consult with a firm that has several Denver trial attorneys so you can find the best attorney for your needs.

Incohate Offenses
An inchoate offense sounds complicated to understand, but it’s actually simple. An inchoate offense is when someone tries to commit a crime but is unable to carry out their intentions. Examples of inchoate offenses include conspiracy to commit murder, attempted theft, and acting as an accessory to a crime. If you are charged with an attempted crime, you cannot be charged for the actual crime itself. If you are charged with an inchoate offense, Denver trial attorneys can help you prepare your defense.

Crimes Against the Person
Crimes against the person are crimes that physically or emotionally injure someone or cause death. Good examples of crimes against the person are kidnapping, manslaughter, homicide, and rape. Crimes against the person are considered to be serious offenses, so you should immediately meet with Denver trial attorneys so you can select one to help you prepare your defense.

Crimes Against Property
Crimes against property are crimes involving property damage or the removal of property from its rightful owner. Examples of crimes against property include arson, larceny, burglary, and computer crimes. Many of these offenses are serious crimes and have serious criminal penalties for convicted offenders. If you have been charged with any crime against property, New Jersey trial attorneys should be your first line of defense.

Denver trial attorneys can be valuable sources of legal advice and make ideal advocates for defendants accused of any of the four types of crimes. If you have been charged with a crime against the person, crime against the property, crimes against justice, or an inchoate offense, work with a group of Denver trial attorneys to prepare a solid defense for your trial.

Are you looking for the best Denver trail attorney? Look no further, check out our Denver attorney website today!

Sunday, October 5, 2008

Tips to choosing an Injury Law Firm

If you have suffered severe injuries, even significant property, and economic damages as a result of an accident that happened due to someone else's fault, you need to understand what sort of legal actions to pursue. This is the time that you will need the services of a personal injury law firm and / or a particular lawyer only with expertise in these cases.

If you were keen on hiring one, most probably you would look up the county or city phonebook listings of PI attorneys. Whoa, much to your bewilderment, you behold such a lot of number offering their services. With this you are faced with the question - how do you find someone who is really an expert and not just someone claiming to be one?

Questions like what particular quality should you are looking for pop into your head. What questions should you address?

Here are some great tips on the things you have to know before you finally decide on the injury law firm or lawyer to hire:
1. Keep in mind that as a victim, the sooner you are able to hire a Denver lawyer the bigger advantage for you. You must start searching for the personal injury lawyer to offer expert help on your case before two weeks has passed by on the actual date of your accident.
If you are not able to launch the search yourself since your accident and because of disability, request a friend or family member to start the search for you. Discuss with them the qualities of those they have encountered.
Even the Denver lawyer will be aware of the necessity and urgency of building your PI case as soon as possible.

2. Select a PI lawyer based on the particular type of injury you have sustained. It is important to check out his or her length of experience and expertise in handling injury cases such as you are suffering.

Before you sign into the denver lawyer's retainer agreement, visit the law firm or lawyer's site first and read the history of the firm, the biographical profiles of its lawyers and other key information to help you judge the trustworthiness and expertise in handling your case.
Request for references and do not be ashamed to ask about the length of experience that they had undergone in handling injury cases similar to yours. Further, look up the settlement awards that the law firm/lawyer has won for their former clients on cases similar to yours.

3. Remember to conduct a personal meeting with your potential Denver lawyer. He / she will become your closest consultant during this complicated and stressing time of your life. Tune out your feelings towards him/her. You need to be comfortable around him / her and be able to trust and depend upon him / her.
This can be arranged by having a personal sit-down meeting with your attorney and discuss your case. A good injury lawyer even offers the initial consultation as a free service.

4. Also, make sure that the lawyer you will hire espouses the contingency fee system. It means that you will not be paying for the lawyers' services unless he / she win your case.

Be wise enough in choosing a reputable Denver Law Firm with expert Denver Attorneys to represent your case.

Tuesday, September 30, 2008

5 Bankruptcy Questions To Ask Your Denver Attorney Before Filing

By: Darnell Scott
If you think that being bankrupt is the worst thing that could happen to you than think again! Yes you are right…Worst is yet to come, but of course you can control and eliminate that worst scenario by simply making correct decisions! Hiring a wrong Denver attorney for filing your bankruptcy can be like a nightmare coming true!

So it is better that before hiring you do some research and make sure that you find an attorney who could really show you way attorney who could really show you way out from the bankruptcy mess!

Facts about selecting a Denver Attorney:

As most of the attorneys are usually overworked, they aren't able to give ear to full details of your case. You may feel that your attorney isn't pursuing your case the way you want him to pursue and ultimately you will feel irritated.

Many of the Denver attorneys aren't qualified enough to lead your bankruptcy case. So such attorneys don't fulfill your expectations. Certificates are important indicators to judge whether the attorney is qualified enough or not.

Asking from friends won't take you to any good Denver lawyer, unless your friend has gone through filing for bankruptcy but it may be useful to take advice from legal professionals.
You can even go to a bankruptcy court and observe the attorneys there. Maybe during your observation, you will find some attorneys who are good enough for you. Once you find the attorney in Denver, you can satisfy yourself completely by asking him the right questions. A short conversation can tell you a lot about the attorney you have chosen. You can ask him about his expertise and his working and consultation hours. After conversation, you can evaluate the attorney to see if that attorney is really right for you or not!

Once you select the Denver attorney, you must discuss with him what type of bankruptcy should you file? There are eight different types for filing bankruptcy. You attorney can best point out which type suits you for filing bankruptcy.

Secondly, you need to ask him how you can file for bankruptcy. You have to file for your bankruptcy in the state where you are living. The Attorney can prepare the necessary paperwork that would be needed to present to the courts.

Thirdly, you must know the fees that are involved in the filing for bankruptcy. The total fees will comprise of the attorney's fees plus the court fees that you need to submit to file for your bankruptcy.

Fourth, you must know where you should file your bankruptcy claim. You need to consult your attorney on how to get there and what documentation is required. Finally you must know the after effects of filing for bankruptcy. As soon as you file for bankruptcy, creditors will receive notification from the courts and will not be allowed to contact debtor for payments. A hearing in court will be set. The case will proceed depending on type of bankruptcy filed.

Remember that this is your fight, so you have to be really involved in it and follow the case. You just cannot leave everything on the Denver attorney!