Consumers beware! Free Business Advice in Florida did you know that anybody who is interested in being a general contractor in Washington State and has the petty cash of $109.70 for a license and a bond fee of only $12,000.00, is able to work at this professional trade? A specialty contractor’s bond is only $6,000.00. No knowledge or testing required. Rip-offs are welcome.
This means Joe Blow, without any experience–or at best, minimal knowledge, may be hired to build your house. Then Mr. Blow will turn around and hire incompetent sub-contractor’s or specialty sub-contractors, breach the contract, file bankruptcy, be forgiven in court for the debts they owe at the homeowner’s expense and cause numerous liens on their property.
Then these wannabe contractors are able to recycle their crime and start another business under another name, over and over again. Attorney For Starting A Business guess what? It’s all legal in Washington State and they know this. This careless practice and fraudulent crime against homeowners and taxpayers are not tolerable in such states as California and Florida. This is another reason that there is so much construction going on in the State of Washington. It’s easy-pickings for contractor criminals.
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The property owner has the burden of proof. They are the victims. Fraud has a different meaning in Washington State. In bankruptcy court, fraud is very hard to prove. If proven against the contractor, the homeowner has a slight chance of seeking a judgment, but collecting that is another challenge. All these crooks have to explain is they went over their heads in expense. The fact is they underestimate the job, usually on purpose. In their trade, the terminology is called “low-balling.” They take draws of money from what the property owner has paid, then fund other projects and don’t pay their supplier’s bills they have in the victim’s name. This results with liens on the property owner.
The sub-contractor are protected under the responsibilities of the general contractor, whatever that is worth. Be acquainted with everybody who sets their foot on your property. Write down company names and vehicle license numbers. And if you file a lawsuit and hire an attorney, make double sure the lawyer is competent. Call your state Bar Association to check the status regarding disciplinary actions or complaints against the attorney you choose.
The Ten Essential Qualities of a Civil Litigation Attorney
There are reliable, capable and honest people who work as contractors and lawyers, Criminal Law Firms Near Me but the crooked and incompetent ones have put them few and far between, and that truly is a shame.
My chalet-style house has been completed now for three years, but it stood in limbo for seven months in a tangled web of failed inspections and citations. I use to pride myself in the decisions I made in business and investments, but now I am so skeptical of the system and how it works against victims, like myself. My experience was a devastating blow to my confidence and trust.
Perhaps readers will join my cause for justice. The rules and laws are too slack and unjust. Just remember wherever you live, in whatever state, please protect yourself and your investment. Be cautious, alert and informative about your decisions when hiring a general contractor or specialty contractor. And it also goes for the attorney you hire. Pass this information and advice to your family and friends, “consumers beware of unscrupulous contractors and attorneys.”
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In each field of law, any attorney who wishes to be successful must possess certain skills and character traits which will enable him or her to distinguish themselves from the rest of the pack of attorneys. These skills vary with the fields of law. Organizational and transaction skills are most advantageous for the business planning attorney, whereas technical and scientific knowledge will enable the patent attorney to succeed. Civil litigation attorneys should also aim to achieve or posses certain skills which will assist them in attracting and retaining clients, winning cases and potentially making new law. Following is a list of the 10 most important qualities that a civil litigation attorney should possess in descending order.
10. Knowledge of the Rules of Evidence:
Many civil cases often turn on the admissibility or inadmissibility of a certain piece of evidence. Many practicing attorneys fail to have a proper understanding of the rules of evidence, and lack the knowledge of how and when to object and how to answer an objection. Often times, failure to object or preserve an issue for appeal can cost the client significantly more in legal fees, or even worse, cause the client to lose the case. In addition, an attorney with a mastery over the rules of evidence can use them as either a shield or a sword in admitting or barring important evidence.
An essential element of attracting business is the manner in which an attorney projects him or herself. Confidence is more than mere hollow bravado or misplaced self-assurance . Confidence conveys to the client, judge and opposing counsel that you have a complete handle of the case and can control how and where it flows. As part of projecting an air of confidence it is first necessary to read your audience and adjust your behavior accordingly. A client does not want an attorney who simply offers them options for them to choose. A client wants an attorney as a true advocate, one who can give them an answer and a firm and confident recommendation. Without confidence in their attorney, a client's trust for that attorney will decrease, and the potential of repeat business is small.
Any litigator must possess the skills to persuade a judge, jury, client or opposing counsel regarding any particular issue. In any context, the power of persuasion is crucial. Whether it is trying to persuade opposing counsel that your case is stronger than it is, or persuading a client that a settlement offer is the best that they will get, the quality is of primary importance. If a case goes to trial, the side that wins is generally the most persuasive, absent a clear finding of law. Underlying the idea of persuasiveness is the ability to understand and relate to people. If you can identify and relate to your audience, persuading them simply consists of addressing their concerns and highlighting the advantages to your point of view. A mastery of the power of persuasion will result in success in the civil litigation field.
1. Ability to Clearly Communicate
So you have a great case, or a case that is winnable as long as people can understand your theory of law. What distinguishes successful from unsuccessful attorneys and cases is the attorney's ability to communicate to the decision maker, be it the judge or the jury, the premise of the theory and the reason for selecting your proposed outcome. Communication is more important than persuasion or interpersonal skills or any other factor combined. The reason being is that communication underlies every important attribute that a successful civil litigation attorney must obtain. Understand who are communicating to and what the purpose of your communication is and you will be on your way to becoming a successful and much improved civil litigator.
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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. 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 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.
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.