Legal Insights

Is That Job Interview Question Legal?

Job applicants and employees have legal rights. There are restrictions on what a potential employer can legally ask during a job interview, and what they can do as part of a background check. Below are some of the key points on both topics. General Law An employer cannot discriminate against applicants or employees differently based on certain protected characteristics, such as race, national origin, sex, sexual orientation, pregnancy, religion, disability, genetic information (includin...

What to Include in an Independent Contractor Agreement

Independent Contractors v. Employees Many businesses prefer to use independent contractors or freelancers rather than hire employees, especially if the business does not need help year-round or does not have enough work to keep regular employees busy. Since independent contractors do not receive employment benefits and usually do not require office space, hiring an independent contractor can be an effective way to keep costs down. There are pitfalls to hiring and/or improperly classifying...

Private Attorney vs. Public Defender: Choosing the Right Defense Attorney

As anyone who has heard the Miranda warning read in movies or television shows knows, when you are arrested for a crime, you have the right to an attorney. Specifically, the Sixth Amendment of the United States Constitution, among other things, affords you the right to “the Assistance of Counsel” in your defense in criminal prosecutions. If you or a loved one is facing criminal charges, regardless of the severity, it is imperative that you are well represented. Here are the advantages...

6 Features Every Law Firm Website Needs

Your website is one of the most important marketing and business development tools you have. The primary purpose of your website is two fold: 1) to help potential clients find you; and 2) once they find you, to tell them about you and what you do. Whether a small or large firm, there are 6 website features that are crucial to generating more leads: Mobile, Contact Info, Attorney Profiles, Practices Areas, Testimonials and Reviews, and a Blog. 1. Mobile-Friendly Potential clients are almost...

Friendly Divorce: Can It Really Happen?

The decision to end a marriage, regardless of the circumstances, can be difficult. With emotions often running high, it is hard to imagine ending a marriage in a way that is not contentious. But an amicable divorce, also called a no contest or uncontested divorce, may work very well for certain couples who decide to end their relationship and agree on most, if not all, matters subject to the divorce. Here are the basics of an amicable divorce. Amicable Divorce An amicable divorce is when ...

Car Accidents: What to do Immediately After

Car accidents happen even to the most careful drivers. They are unexpected and can leave you with serious injuries. When car accidents happen, regardless of the severity, emotions often run high, and it is important to keep a level head and know what steps you should take to protect yourself and your interests. Be Prepared, Assess the Situation, Be Safe The best way to handle an accident is to be prepared for one. Keep a vehicle safety kit in your car that can include items such as a fir...

What To Do About Difficult Neighbors

Sharing property lines and/or walls with a stranger is not always easy. How you coexist with your neighbors can make the difference between living in harmony and living in discord. Whether you own or rent, you shouldn’t have to deal with neighbors who interfere with your peace and quiet. If you are unable to coexist with your neighbor, depending on the dispute, there may be remedies available to you under the law. Nuisance neighbors come in all shapes and sizes. There are neighbors who...

Should You Incorporate Your Small Business?

One of the first decisions to make when starting your business is how to structure it. This decision will have an impact on many aspects of your business, from the way that your business is taxed to who will have liability for business debts. Each state operates under its own business corporation laws, and each has different filing fees to establish various types of business entities, as well as different reporting requirements for each type of entity. It is critical that the structure yo...

U.S. Visa Basics: Immigrant and Non-Immigrant Visas

A visa is a document that allows a foreign citizen permission to travel to a port of entry to the United States to request entry to the country. There are two main categories of visas: immigrant visas and non-immigrant visas. Within these two broad categories, there are different types of visas issued depending on the person’s reason for entering the country. The visa application process, fees, and requirements differ based upon the type of visa being sought, and may vary depending upon t...

The Basics of Arbitration

If you have ever entered into a contract, you most likely have seen a clause that says something to the effect of “any controversy or claim arising or related to this contract shall be resolved by arbitration…” These are arbitration clauses and they appear in virtually any kind of agreement, from securities trading and employment agreements to consumer contracts such as for credit cards, health insurance, cellphones, and automobile purchases. Arbitration clauses simply require that ...

Choosing the Right Practice

Many recent law school graduates struggle with the decision about which area(s) of law to practice in. The choices are seemingly endless, from advertising to zoning, with hundreds of options between. Not to mention the decision between whether to take an associate position at an established firm, to start a firm, or to pursue a career in public service. Picking the right area of law requires that you know yourself, do your homework, and not be afraid to pursue your passion. Though it may...

Understanding U.S. Visa Laws and Immigration Status

In the United States, there is little difference between someone who enters illegally and someone who originally enters legally but then stays past the time permitted. As a result, it is important to understand visa requirements and restrictions. What is a Visa? A visa is simply a document that gives a non-U.S. citizen permission to travel to a port of entry to the U.S. A visa itself does not permit an individual to enter or stay in the U.S. Upon arrival at the port of entry, the person c...

Should Your Law Practice Hire a Virtual Receptionist?

For home-based solo practitioners, those with ‘mobile offices,’ and/or those with smaller, unshared office spaces, hiring a traditional receptionist can be helpful, but many times, the benefits don’t outweigh the costs.For those attorneys with non-traditional offices, there has been a rise of ‘virtual’ services designed to improve the impression that you make on clients without significantly impacting your bottom line, including ‘virtual’ mail services, ‘virtual’ offices, a...

The Basics of Medical Malpractice

Having to undergo a medical procedure or receive medical treatment can be a nerve-racking experience, and there is always an expectation that the doctors, nurses, staff, and facilities involved will render the appropriate care. Medical malpractice occurs when a medical practitioner deviates from the appropriate standard of care in treating a patient, which causes injury or damages to the patient. There is, however, a lot more to a viable medical malpractice claim than simply a mistake on t...

Driving Under the Influence (DUI): Managing Punishment & Penalties

It is against the law to operate a motor vehicle impaired by drugs or alcohol. The name of the specific offense may vary from state to state, but typically it is driving under the influence (DUI) or driving while intoxicated (DWI). The ramifications, consequences, and penalties are serious. Pleading guilty to or a conviction for driving impaired can lead to jail time, fines, license suspension, steep monetary penalties, and driver education and rehabilitation programs. Knowing what to do a...

Will Versus Living Trust: Understanding Estate Planning Options

Estate planning is an important process that should be taken seriously. Estate planning ensures that your property and assets are distributed according to your wishes upon your death, and can also address other important decisions, like who is going to care for your minor. Despite the importance of estate planning, over 70% of American adults do not have an estate plan. When estate planning, it is important to know the difference between the different legal documents that are available to ...

What to Do If You Are Audited By the IRS

For the average taxpayer, the chances of being audited by the Internal Revenue Service are not very high; however, if you receive an audit letter from the IRS, it should be taken very seriously. Below are the basics of IRS audits and some tips to prepare for them. What is an IRS audit? According to the IRS, an audit is “a review/examination of an organization’s or individual’s accounts and financial information to ensure information is being reported correctly, according to the tax law...

What Is An Exempt Employee and How Does Exemption Affect Pay?

The Fair Labor Standards Act requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and be given overtime pay at one and one-half the regular rate of pay for all hours worked over forty hours in a workweek. But employees that are considered executive, administrative, or professional employees, as well as some outside sales and computer employees, are exempt from the minimum wage and overtime pay provisions of the Fair Labor Standards ...

Trees and Neighbors: Who is Responsible?

Homeowners often confront a number of legal issues associated with home ownership, and a common one includes the maintenance of, and responsibility for, trees. When an issue arises with a neighbor’s tree, such as a tree falling on to your property or roots damaging your foundation, your best bet is to speak with the neighbor to determine whether you can come to some agreement about how to handle the situation. But if a compromise is impossible or the neighbor refuses to take responsibili...

Attorney Marketing: Effectively Using AdWords

If you have a law practice, you’re always looking for new ways to reach potential clients, gain an edge on your competition, and see your hard work pay off. Part of this strategy undoubtedly includes increasing your online visibility and presence. Search Engine Advertising: A Common Way for Attorneys to Get Found Online One of the most common tactics that attorneys use to raise awareness regarding their practice is advertising on search engines like Google and Bing. The idea is simple, ...