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Saturday, February 25, 2012

Be Relentless in Your Search for the Right Criminal Defense Attorney


criminal_defense_attorneyIf you’re looking to work with a Criminal Defense Attorney, you won’t want a lawyer who is only known for their discovery skills, or one who is known for being a great litigator; you will want an experienced lawyer who can handle it all.  Fortunately, with so many excellent attorneys in the Colorado Springs area, you will have no problem finding a competent criminal defense attorney.

At first glance, many of the articles about criminal defense law would have you believe that any lawyer who passed the bar exam can represent you in a criminal case.  While this may be true, you will have a much better chance of winning when your attorney is already familiar with the Colorado criminal court system.  Think about it; choosing a criminal defense attorney is a decision that could impact the quality of the rest of your life. You owe it to yourself to find one who can win your case.  A conviction for a violent crime in the state of Colorado carries lifelong implications, including jail time, employment problems and hefty fines.  You will want more than an attorney who can battle it out for you in a courtroom; you will want a lawyer who can roll up his or her sleeves and do the important work behind the scenes.
How do you know your hiring the best criminal defense attorney for your case?
  • Ask the attorney how many cases they currently handle and how many hours per week they can spend working on your case.
  • Find out how many cases like yours the attorney has handled in the past and inquire about the outcomes.
  • Ask how many years the attorney has been practicing criminal law, and if that is the only type of law they practice.
  • Find out how likely it will be for a plea bargain in a case like yours, and don’t be afraid to ask where he or she sees the best outcome for your case.
  • Can the attorney navigate the Colorado criminal justice system and educate you about the written and unwritten rules of the court?
Hiring a lawyer is an important step and one that should never be done without the proper attention to detail. An experienced Colorado criminal defense attorney can do all this and much more.  Find out more about the best attorneys in Colorado Springs by contacting the team at Clawson & Clawson, LLP.

Wednesday, February 15, 2012

Colorado Springs Divorce - Attorney Fees


Awarding of attorney's fees in Colorado Springs
Attorneys Fees in Colorado Springs

In order to ensure that neither party is at a disadvantage in a divorce proceeding, sometimes the court will find it necessary to equalize the financial resources of one spouse relative to the other. One way of doing this is to make one pay the attorney's fees for the other who can't afford to do so.

This is a very important and substantive aspect of a divorce action in Colorado Springs. Unlike other cases where attorney fees are awarded based on the merits of the case, in a divorce proceeding, fees are awarded on the basis of (among others) ability to pay since the only grounds for divorce in Colorado springs is irretrievable breakdown. For this reason, it's critical to engage the services of a Colorado Springs divorce attorney who will be able to present the facts of the case cogently before the court.

Conditions for payment

Under section 119 of Title 14, Article 10 of the Colorado Revised statutes, for the court to award attorney's fees to one spouse it must be proved that the receiving party can't pay for the divorce litigation and support themselves at the same time. It must also be shown that the other spouse can afford to pay the amount that is required.

The court can require either party to pay prospective attorney's fees in advance during a divorce proceeding. The court will have the necessary jurisdiction if it also has the power to decide alimony and division of property. The payment of attorney's fees can also be necessitated if there are litigation proceedings relating to the pending divorce even during the marriage.

It's interesting to note that a prenuptial or an antenuptial agreement where either party agrees to waive attorney's fees in case of divorce can be declared invalid on the grounds of being unconscionable.

Hiring a divorce attorney

The hearing for awarding attorney's fees is a distinct and separate aspect of the dissolution of marriage process just like alimony and division of property. There are different considerations that the court will weigh which are distinct from those used for other procedings. For this reason, you must hire a competent Colorado Springs divorce attorney who will be able to handle your case expertly and put your point across in a manner consistent with the law and which the court will understand to be relevant. Contact us for a free initial consultation.

Tuesday, February 7, 2012

A Personal Injury Attorney Can Help You Estimate a Settlement

personal_injury_attorney
Colorado Attorney
If you’ve been injured in an accident or on someone else’s property, you may have considered contacting a personal injury attorney for help in filing a claim.; While the claim process is relatively simple, some people are still very hesitant to move forward with legal action.; Perhaps you’re not sure if your accident would qualify for additional compensation, or you’re worried that a claim would look opportunistic.; But if you’ve been injured, the insurance company’s offering may not be sufficient to make you “whole” again.

After meeting with a personal injury attorney, most claimants learn they may be eligible for more compensation than originally anticipated.;; In most cases, personal injury claims are handled under tort laws and state-wide personal injury laws.; It is important to work with a lawyer who understands these rules so that he or she can accurately estimate the settlement on your claim.

Estimating a settlement on a personal injury claim will involve consideration of the following damages:
  • Medical Bills - This includes the cost of medical treatments you have had for your injuries, and may also include a nurse that is needed to care for you for as long as it is medically necessary.
  • Lost Wages - Another form of economic damages from an injury will include missed income or other compensation that may have been forfeited due to the injury
  • Pain and Suffering - Probably the most subjective of all damages, pain and suffering can be estimated based on the type of injury you sustained and other similar cases where people have been awarded certain sums for pain and suffering.; In cases where the injury causes a long-term disability, these damages can be higher than medical bills and lost wages combined.
  • Emotional Distress - Just like pain and suffering, emotional distress falls under the category of non-economic damages, but your personal injury attorney will often request compensation for the mental anguish you have endured since your injury.; Looking at past cases may help your attorney determine the amount of these damages.
Don’t let embarrassment or inexperience with legal claims prevent you from seeking damages from an injury.; A personal injury attorney can estimate the amount of your settlement and start the claims process for you. Your attorney will also help make sure any settlement you are offered is fair before it is accepted as full compensation.