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Lee S. McCullough, III received a Master of Accountancy degree from Brigham Young University and a Juris Doctorate degree from the J. Reuben Clark Law School at Brigham Young University, where he graduated magna cum laude. In addition to his private law practice, Lee works as an adjunct professor at the law school at Brigham Young University and he is president-elect of the Utah Valley Estate Planning Council. Lee represents the owners of many top companies including Skullcandy, Logoworks, Omniture, Apex Alarm, Raser Technologies, attask.com, Bluehost, vSpring Capital, Cirque Lodge, Wilson Audio, and more.
He has published many articles in trade association journals. He speaks regularly on tax and estate planning subjects to groups such as the American Institute of Certified Public Accountants, the Utah State Bar, and the Financial Planning Association. Mission Statement: “A good name is rather to be chosen than great riches, and loving favour rather than silver and gold.” (Proverbs 22:1)
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A misdemeanor isnt as heavy as other crimes but you can be charged for it and this will become part of your permanent record. Fortunately, you can fight it with the help of a criminal defense lawyer.
When you are charted with a misdemeanor, you are given a citation which states the date and time that you will appear in court.
Do you have to see a lawyer? Some people do so immediately so they can be guided throughout the process. For that, you have to hire one. Surely you can get somebody because if you dont, a state appointed lawyer will be the one to help you but they dont do that well compared to private counsel.
Arbitration, an age old concept in India, is a part of Alternate Dispute Resolution (ADR) with other popular ADR processes like Conciliation and Mediation. In India Alternate Dispute Resolution is governed by the Indian Arbitration and Conciliation Act 1996 which is created on the lines of the Model Law of the UNCITAL (United Nations Commission on International Trade Law). This article identifies certain problem areas of the Arbitration Laws of India, highlights some of the revolutionary decisions by Supreme Court and points out some of the misuses as well.
Over the past decade, the lofty objective of enacting this Act stands substantially diluted due to various reasons as follows:
a.Inability of parties to exercise their rights explicitly provided under the statute
b.The overdependence on retired judges as arbitrators
e.Legal professionals treating arbitrations as an extension of the court proceedings and converting them to lengthy trials.
f.Exercise of appellate power under Section 34 of the Act – a virtual practice to challenge each and every award irrespective of whether it fits within the limited grounds specified in Section 34.
These render nugatory the stated intent of creating an arbitral process that is fair, efficient and capable of meeting the needs of the specific arbitration resulting in an explosion of litigation as against the stated intent of reducing the same.
The Supreme Court, while dealing with such rival contentions has held that interpretation of a contract may fall within the realm of the arbitrator. The Court while dealing with an award would not reappreciate the evidence. An award containing reasons also may not be interfered with unless they are found to be perverse or based on a wrong proposition of law like an error apparent on the face of the award. If two views are possible, it is trite, the Court will refrain itself from interfering. Jurisdiction of the court to interfere with an award made by an arbitrator is limited. On contrary to this, in recent times, the courts were impelled to have fresh look on the ambit of challenge to an award by the arbitrator so that the award does not get undesirable immunity.
The Court also quoted it is correct that courts shall not ordinarily substitute their interpretation for that of the arbitrator. It is also true that if the parties with their eyes wide open have consented to refer the matter to the arbitration, then normally the finding of the arbitrator should be accepted without demur. There is no quarrel with this legal proposition. But in a case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right.
While the conclusion may not be so relevant, it is the reiteration of the aforementioned principles that is reassuring. One can only hope that this would guide the hands of all judicial authorities while entertaining appeals under Section 34.
Misuse of the process of Arbitration by companies and parties is also not unheard of and is even prevalent in international commercial arbitration where the arbitration agreement or the arbitration clause may stipulate sole and mixed arbitral commissions. These depend primarily on whether the disputes are to be referred to a single arbitrator or the parties may appoint an arbitrator each with an umpire presiding over the arbitration commission.
Problems as discussed again arise when the party to the agreement in power may force the other party or parties to sign an arbitration agreement or arbitration clause created to cause pecuniary or territorial discomfort to ensure a quicker or unfair settlement. The conclusion is obvious. If arbitration is to survive, ADR lawyers must insist on institutional arbitration to ensure Alternate Dispute Resolution becomes a better alternative to Court litigation.
The USP of resolving disputes through Arbitration was its relative simplicity, economy, speed and privacy. However, over the time it has been observed that Institutional Arbitration through Associations or Societies like The Indian Council of Arbitration (ICA) , Federation of Indian Chambers of Commerce and Industry (FICCI), FICCI Arbitration and Conciliation Tribunal (FACT), The Associated Chambers of Commerce and Industry of India (ASSOCHAM) etc. is the best since they conduct Arbitration as per rules laid down which have stood the test of time and where the reputation of the Arbitrator is impeccable while at the same time the parties to arbitration know very clearly what the cost of the said arbitration be.
It is unfortunate that most litigants and parties do not opt for institutional arbitration which has time and again proven its mettle in providing fast, economical and completely impartial resolutions of disputes within the ambit of strongly laid down process and guidelines.
For many Americans, their U.S. citizenship issued at birth is something they dont think twice about. But for applying immigrants, citizenship is a serious goal.
Hopefully most American natural born citizens understand that citizenship is one of the most greatly desired gifts this countrys government can bestow on its citizens. For those of us who have not had to go through the process of becoming a U.S Citizen apart from being naturally born here, there is only one other way to become U.S. citizens and that is by the often times-lengthy process of what is known as “naturalization”.
Naturalization can often times be a complicated process so you should consult with an immigration lawyer rather than attempting this yourself. Even something as simple as travel within the country or state is something that a person needs to know the rules about and this is where an Immigration lawyer is needed so that you have someone to ask questions such as “How long does it take for USCIS to issue work permission and travel permission?” or “When should I renew my work and travel permission?”
Chicago workers compensation claims are their legal right as per the Illinois workers’ compensation laws under which the employers need to get their workers insured so that if any worker gets injured due to any type of accident at work, he or she can get proper compensation to meet the financial requirements. The insurance providers have the habit of harassing the claimant in this case and do not provide the sufficient claim amount. It becomes extremely important for the victims to hire an attorney who can represent their case and help them in recovering the maximum possible compensation properly and in time.
The attorneys looking after these types of cases of compensation claim outline the major types of injuries a worker can suffer and covered by the compensation laws and they also outline the various types of damages the workers may claim as compensation. The law firms of Chicago carry an expertise and experience in handling Chicago workers compensation claims with their lawyers are determined in providing legal help to the workers who get injured or fall ill at work through their expert legal representation. To achieve success in their fight for compensation they have got various trade unions on their side.
The workers compensation claim attorneys are regarded as knowledgeable and ethical lawyers who are best in entire America. Lawyers from other parts come to them seeking their legal advises in the matters related to Chicago workers compensation claims. If you have got injure or fell ill at work and need financial help from the compensation you deserve, hire a good Chicago attorney who looks after this type of case as they are filled with aggression diligences with expert negotiation skills and good labor law knowledge.
If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.
It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.
Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.