How to Change Lawyers Mid-Case Business Legal Advice ?
If you are finding it difficult to work with your lawyer or are not satisfied with his work for any reason, you need not worry as you have the absolute right to replace him/her with a more competent one in the middle of an ongoing case Business Legal Advice in Sunninghill . In fact, you are even entitled to change him/her mid-case without any reason. Thus, not considering the reason for the replacement in the middle of the lawsuit, your attorney has to agree with your decision.
The Process Involved
– Soon after you discharge your legal representative or file a request for the same, he/she is required to follow local procedures and notify the local court about the discharge.
– Once the formalities are completed, the court will allow the change, after which you can hire a new legal attorney representative who is competent enough to represent you well.
3) Take the decision as soon as you realize that your professional relationship with him/her cannot work out well. This is because if you try for the replacement just a few days before some important case hearing, you might regret your decision later.
4) Make sure you provide your new attorney with the contact details of the old one, who was previously handling the case.
Recession Causes Bankruptcy Boom
However, as you are solely responsible for your own legal affairs, it is up to you to decide whether a change of lawyer mid-case is feasible for your case. Such changes can have both positive, as well as negative effects on the case. It is, therefore, in your own favor to analyze the potential consequences before taking any decision.
Interesting Facts About Business Legal Advice in Brakpan:
About Business Legal Advice in Brakpan:
If you are thinking about filing bankruptcy, then perhaps you should think twice and reread the laws first before doing such a drastic measure. Bankruptcy laws have changed and you will notice that it is harder to file bankruptcy these days than before. To give you an overview of the changes in the bankruptcy laws, here are some of the most important points you should consider.
Before, bankruptcy filers can choose between two types of bankruptcy that will work for them - chapter 7 bankruptcy for liquidation and chapter 13 bankruptcy for repayment. Most people choose chapter 7 bankruptcy plan over chapter 13. While you can still choose between these two types under the new law, there is now restricted eligibility for those opting for chapter 7 bankruptcy. Those people with higher incomes are not eligible for chapter 7 bankruptcy anymore.
As for chapter 13 bankruptcy, it also has become complicated since those who fall under this plan should not only hand over all their disposable income, but also calculate their allowed expense amounts. This further depletes the money of the chapter 13 bankruptcy filer. It's a whole lot more complicated than the old laws governing bankruptcy.
Business Legal Advice in Brakpan
If you are a practicing attorney: Are you using Defense by Recoupment under 15 U.S.C. 1640(e) as a strong affirmative defense for your clients?
If you are a consumer: Have you had your loan (from day of application to current) audited by a forensic consumer debt analyst?
I get a fair amount of "conspiracy theory " calls or emails people who would swear that the CIA was covertly involved in the loan they signed for and that all measures of fraud occurred against them by everyone involved and... you get the point. My first question to this person is always: "Great, so are you prepared for the $15,000+ retainer a good attorney is going to want to spend their time investigating, quantifying, pleading and trying a case like that? Well, you know the answer...
Others have read (or have heard) that a loan audit and violations of the TILA can only help you if it's a refinance loan on a primary residence in the last three (3) years. To have the EXTENDED RIGHT TO RESCIND, these conditions must be in place but rescission isn't the only thing that can help someone in (or in danger of) foreclosure.
When it comes to defending yourself against foreclosure the first order of business is to establish clear and genuine issues of material fact in the case. In a Florida foreclosure defense strategy, the client wants to quantify these genuine issues of material fact in the foreclosure case because no judge should ever grant a motion for summary judgment. Why?
Any such quantified claim of a violation of the TILA (Truth in Lending Act) from an expert audit report should be brought as an affirmative defense by the attorney. This is a rock solid issue of material fact. No summary judgment. The lender will have to bring the action all the way through to trial. This should give you much greater leverage to obtain a workout. At the very least, this give you/your client much greater time in the house and time to try to work something out that works for both parties; something that is much needed these days because I still see a great deal of servicer abuse/misprepresenations happening every single day.
I hope this little insight gives you some ideas on how you can help yourself in a foreclosure case. If you want more information on forensic loan audit, please call me at (800) 985-4685 ext. 2 or by email at Lane@thePatriotsWar.com
© Lane A. Houk - 2009- All Rights Reserved
Recession Causes Bankruptcy Boom
According to a report released by the National Bankruptcy Research Center, personal bankruptcy filings are up 34 percent in January 2009 as compared to January 2008. Compared to the previous month, December 2008, filings were up 4.5 percent.
These increases are no doubt a consequence of the current economic crisis. The National Bureau of Economic Research (NBER) reports that the United States' economy entered recession in December of 2007.
Traditionally, recession has been defined as two quarterly declines in gross domestic product, but the Business Cycle Dating Committee of the NBER has taken a more comprehensive approach to defining recession. "A recession is a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in production, employment, real income, and other indicators."
In 2006, predictably, bankruptcy filings crashed. Two effects were causing downward pressure on filings. First, filing demand had been cannibalized because many of those who would have, in the absence of the reform act, waited to file in 2006 were motivated to file in 2005 to avoid the restrictive new laws. Second, the restrictive new laws simply made many who previously were eligible to file ineligible.
What the credit card lobby took away through the Bankruptcy Reform Act, the tanking economy has given back. Many more United States citizens are now eligible to file bankruptcy, though no doubt, they're not happy about it.
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