Independent Lawyer

Litigation

inde — Wed, 22 Feb 2012 14:30:14 +0000

Litigation can be described as a contest, on the issue of legal rights and liabilities, vide judicial proceedings in a court of law. There are two parties involved in litigation; it can be government and a private individual or any two private parties, or two companies having a dispute regarding certain claims and liabilities. The tussle can be regarding a claim over property, damages, specific relief etc.The contesting parties are represented by their councils called lawyers, advocates or solicitors. The litigation begins when the aggrieved party technically called plaintiffs files a complaint in the court against a defendant who has infringed the rights of the plaintiff by some action or abstinence of an action. The summons are served on the defendant to appear in the court and present his side and defends himself on the claims made by the plaintiff. The defendant should reply to the summons within the stipulated time.
The other important tool in the hands of citizens is Public interest litigation called PIL. In a matter concerning the public at large if anybody realizes the need to approach the court for any direction regarding a fundamental right or any other legal right, one can do so vide Article 226 in High Court. And one can approach the Supreme Court under Article 32 for violation of a fundamental right.

Legal fees

inde — Sat, 21 Jan 2012 20:43:01 +0000

Next step is to find out the cost of hiring a lawyer .Generally charges vary with respect to merit and expertise in the matter. As a rule one should draw an outline of budget and the number of years the case might take to get resolved .Then one should narrow down on the expert lawyer one can afford and take appointment on phone. The fee details should be clarified in the first meeting itself so that you have a smooth relationship with your lawyer and there is no misunderstanding during the case proceedings. It is not advisable to switch lawyers during the case proceedings, hence all the details i.e. the fee, the expenses under different heads, lawyers commitment for your case for the specific time should be thoroughly enquired.

Specializations

inde — Fri, 20 Jan 2012 00:40:10 +0000

The best way to find a lawyer is often is to take advice from acquaintances, relatives and friends. It is always advisable to talk to somebody who has faced a legal crisis similar to your issue. When faced with a corporate matter one can talk to legal manager in your company or take advice on phone from legal person in your friend’s organization. One can approach an NGO in case of a public interest litigation. There are various websites on the internet displaying data on lawyers as per there area of specialization .There are directories mentioning list of lawyers practicing at various forums and courts. One can also approach law firms which can recommend a lawyer with specialization in your dispute.

Timely action is very essential so that you are not barred by the limitation period for approaching the court. Having screened and shortlisted a list of lawyers concerning your matter the next step is to check on the credentials of the lawyers. One can talk to community people about the merit and character of the lawyer .Your matter might take many years to get resolved, hence it is very important that you choose a lawyer with whom you share compatibility and feel easy and comfortable to talk about your problem. Mutual trust is a must in a lawyer and client relationship. As a client one should not hold back any information, fact, and data relevant to your matter. There are generalists and a specialist class of lawyers .Specialist is a lawyers who has worked under a lawyer with a specialization in a particular field of practice i.e. constitutional law, criminal law, corporate law , public interest litigation , family law, mergers ,acquisitions, FEMA, MRTP, insurance, taxation , consumer law, property law, medical negligence, etc. The diverse nature of law often makes it essential for a lawyer to have worked under a specific field for a number of years to give him an expertise and grip of the legal and procedural intricacies. The years of practice are generally a valid ground to screen a lawyer. One should also take an account of the lawyer’s history with respect to his association with a law firm or senior as an intern or during the training period as this would give you an idea of his legal knowledge and expertise. The details of the number of cases handled and favorable orders received from the court.

Hiring a lawyer

inde — Thu, 19 Jan 2012 20:38:46 +0000

The reasons for hiring a lawyer can be manifold .Certainly one would seek a lawyer when stuck with an issue involving legal position with regards to a right, liability, a relief sought under a crisis situation , a family dispute, a criminal charge, property matter, a contract , an agreement, signing a deed, consumer case, accident claim, damages, taxation etc .
Law is a complex set of rules and procedures to establish harmony in human life. The innate nature of law is very technical and has a specific language for communication with exact definitions and connotations for each of its provisions. Hence there is a need of an expert trained and groomed to meet the challenges in the field of law.
Firstly one should have a clear knowledge of the facts involving ones case and a fair amount of idea, of the problem, one is seeking remedy for. It is always advisable to maintain a diary or a case file of one’s matter. It is very important to maintain a positive mindset. The person under crisis should be firm and determined to come out of the problem. One should be ready to do a little research on ones matter and then venture out to shortlist a lawyer with caution and not suspicion to avoid pitfalls in the end.

Evolution of privacy

inde — Thu, 19 Jan 2012 02:36:59 +0000

The term privacy is struggling to define its form and shape under the stress of highly sophisticated communication technology, the internet – social networking media, satellites, mobile phones etc. More and more cases are reported where an individual’s privacy is infringed and encroached upon .It is the result of an emerging scenario where socio-political boundaries are facing new challenges and reaching dimensions never experienced by history.
As an active member of the global community India needs to shape a distinct statute protecting and safeguarding the right to privacy of individuals and its citizens. There is an urgent need for a law on privacy, so that individuals can lead a life of dignity and find full opportunity for growth.

International declarations & Covenants

inde — Wed, 18 Jan 2012 20:36:54 +0000

India is a signatory to the International Covenant on Civil and Political Rights, 1966
Article 17 of the said covenant is as under:-
1. No one shall be subject to arbitrary unlawful interference with his privacy family, human or correspondence, nor to lawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.”
And Universal Declaration of Human Rights, 1948 Article 12 states that
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks”.

Problems in dealing with customers

iwlw — Tue, 17 Jan 2012 21:07:13 +0000

One of the major problems with companies and freelancers is their attitude towards their customers. The customers are paying you, it is their hard earned money and if the quality of the product or service is poor, or you do not treat the customer properly, they can always take their business elsewhere. For some time, they may work with you, but it affects the long term relationship. Remember, you can never force any person to trust you. Trust is earned over a period of time.

Computer security expert needed

iwlw — Tue, 27 Dec 2011 19:10:24 +0000

We are looking for a computer security expert to troubleshoot computer and laptop problems and suggesting methods to minimize damage by hackers. Please send your resume by PM to the admin at free work at home jobs, with details of companies you have worked for earlier. Regular work is available for competent freelancers.

Phone tapping

iwlw — Tue, 27 Dec 2011 01:37:00 +0000

Judicial pronouncement about Phone tapping
In PUCLvs Union of India (Air1997SC568) also known as “Phone Tapping Case” the Supreme Court has held that telephone tapping is a grave invasion of an individual’s right to privacy. The state shall not resort to phone tapping unless called upon by public emergency or public safety .It was expressed by the court that in this era of highly sophisticated communication technology usage, the privacy of an individual is at stake and susceptible to abuse.

Privacy

iwlw — Sat, 24 Dec 2011 03:26:56 +0000

Privacy is described as the state and condition of being free from public attention, being free from unsanctioned intrusion, exercising will to reveal and conceal by choice. The word privacy can accommodate a very broad meaning because of its subjective nature.

‘Privacy’ as a subject does not find an exclusive space under any of the Lists mentioned in the constitution of India .As a result an independent statute making right to privacy enforceable under Indian law is yet to take shape .Nevertheless the framers of the constitution have in spirit protected right to privacy vide fundamental rights in Part III of the Constitution. The safeguards to protect privacy of individuals against the State have largely come about as a set of guidelines in the form of judicial pronouncements .The ambit of Article 21, (protection of life & personal liberty) under Right to Freedom, has been expanded so as to protect the right to privacy.