Learn Why Workers Should Think About Hiring An Employment Lawyer

There are many individuals who have wrongly lost their work. Some employees even complain concerning an unhealthy working place with discrimination and harassment everywhere. Lawful actions must be taken by workers if they are aware that their rights were disregarded. You don’t have to back down since it is easy to win the fight if an experienced nyc employment attorney is there to give assistance and counsel.

Each employee is protected by the employment law, which is also known as labor law. this isn’t a one-sided law as the rights of the employers are also protected. There are legal requirements and recommendations comprising employment law. A person who experienced abuse and unjust treatment at work have better chances of obtaining justice by seeking the help of an experienced lawyer. Due to their knowledge of employment laws, New York employment attorneys can help employees in building a strong case.

When dealing with legal matters, employing a lawyer is important. These lawyers can help clients in overcoming employment-related problems like workplace discrimination, unjust dismissal, and the likes. Companies are mindful that they’re at risks for legal issues that is why they also hire a team of legal experts that could assist them sort out any problem with the law.

Additionally, the employment lawyer NYC will make sure that their client will come prepared in front of the court. You can set up a good fight against your last employer, regardless of how powerful and big they may be by having the best legal professional with you.

There’s a number of employment attorneys NYC that have helped a lot of people over the years. With their experience, they are fully aware regarding the newest updates in the employment laws. With them, you could still have the opportunity of keeping your job, and paid out justly if your company is treating your unfairly. Almost all NYC employment lawyer will hear out your story first, and the legal issues you are experiencing. They will analyse the fact in order to determine if the case has any merit.

Through the help of NYC employment attorneys, a plaintiff can assure that he’s getting proper legal representation. In case you are engage in a court trial, rest assured your lawyer will handle everything with confidence.

One benefit of obtaining the services of new york employment attorney is that they can guarantee you that you will acquire just payment from the damages that the other party have caused you. With this well-informed and expert employment lawyer working with you, rest assured that you and your loved ones will never be suffering from the troubles brought on by your employer or co-worker. People who don’t have a background on the legal system will surely find this matter confusing. So if you want the very best chance at winning your case, don’t hesitate to hire a professional and experienced employment lawyer.

Its the business, stupid bringing strategy tools into the practice of law

A lawyer who has not studied economics is very apt to become a public enemy” Brandeis J. Law schools do not generally teach anything about business, as opposed to business law. As a result, lawyers learn about business legal forms and contracts, but nothing about the non-legal imperatives of running a business like corporate finance, marketing, or corporate strategy. Furthermore, as members of an inherently conservative profession many lawyers resist engaging in any topic that goes beyond the four corners of their legal brief (“I only give legal advice”).

This is highly problematic for business, because every legal problem comes within a business context, and lawyers who are not willing or able to understand that context cannot give good advice; Brandeis J.s dictum is as applicable with respect to business knowledge as it is with respect to economics, and there remains a significant knowledge gap between the practice of law and the practice of business.

In some cases lawyers address this knowledge gap by specializing not only in a particular field of law but also in a particular industry, and in this way they develop industry expertise in substitution of more general business knowledge. At the same time the scale of the knowledge gap can be masked by the natural hubris of the legal professionlawyers who are at the pinnacle of every information and decision making-tree they are associated with can suffer from the illusion of knowing more, not less, than their clients.

A great deal has been written about alternatives to lawyers billing by the hour, or lawyers working from home instead of at a desk in a big law firm, but in my view these topics are relatively trivial. A much more significant topic is bringing business financial and strategy tools into the practice of law in order to develop a multi-disciplinary approach to the delivery of legal services.

In a litigation context for example the focus of lawyers should not be on winning their clients case but on solving the underlying business problemsthe disputes which were the reason clients came to them in the first place. One very simple example of this would be to compare the cost of litigation with the cost of buying the other sides companyif the two numbers bear some similarity then a rare opportunity for a litigator to participate in value creation instead of value destruction may exist.

Business clients want to know how much their case will cost, how long it will take, what the risks are, and the probable result. These four basis elementscost, risk, time, and reward, are the foundation of the financial analysis of any business proposal, and there is no reason why lawyers cannot make reasoned and reasonably reliable assessments of these elements in any given legal contextthe law is no more uncertain than many projects undertaken by business, and in many cases is substantially more certain.

Once we have attached numbers, or a range of numbers, to the four elements then we can financially model them the same way we can model any other business proposal. We can start with a simple spreadsheet comparing cost to risk-discounted reward, or add time to give a net present value calculation (which will show how high the reward would have to be to justify the risk over time, all other things being equal). Nor does it stop therewe can go on to decision tree modeling to assess the value of certain choices and options, and use sensitivity analysis or tornado diagrams to identify the assumptions in the model around which most of the risk in the model revolves; this in turn allows us to go back and further assess the assumptions.

I am aware of no lawyers anywhere in the world who consistently adopt this multi-disciplinary approach in their practices. Discovering such lawyers, and developing a framework with readers to put some flesh on the bones of this theoretical multi-disciplinary approach, is a key objective of this Journal.

What Can You Expect Out Of Legal Case Management Software

Law firm managers and partners will agree on the fact that they will do everything in their capacity to improve their range of services to their clients. At the same time, you will come across people who are not quite keen on investing in a Legal Case Management tool as they think that the return of investment does not match up to their expectations, especially when one considers the short term benefits. Though this kind of thinking may appear to be a sign of short-sightedness, there are several such instances.

Again, it would be a mistake to assume that a case management tool is a one-time deployment that can bring about a paradigm shift within a short span of time. It needs to be implemented in a proper way. It would end up creating a framework for the entire firm and help it to function as a consistent and cohesive unit. The tool can become an indispensable one for the firm’s staff, partners and associates and aid them in the accomplishment of their regular tasks. Here is a quick wrap-up of the long and short term benefits of using such software.

Long Term Benefits

Securing institutional knowledge and the assets of the firm Retaining the trusted clients and also developing a new base of clients steadily on grounds of providing excellent client services Prompting new employees to change gears and complete the task within the stipulated deadline Offering productivity metrics and firm management solutions

Short Term Benefits

Records billable time effectively Simplifies the process of conflict checking Provides access to all information concerning a particular case and also ensure proper communication from a central location using a single interface Making the intake process fully automatic Ensuring complete client satisfaction by offering substantive and time communications Saving on the time required for searching documents and every other bit of information To acquire all relevant information at a glance including information about witnesses, opposing counsel and judges along with the current status of the case Furnishing documents with key information automatically Creating alerts for the staff and attorneys whenever a new file is passed on to them Generating customised workflows for each and every practice area

There are several instances where you would find the adoption of such advanced technology generating short term results for your business. Even a couple of decades back, one could not imagine replacing the services of a seasoned typist for one who was just starting to learn keyboard commands required for word processing. But today you cannot deny the importance of using advanced technology for carrying out various tasks connected with case management. Legal case management software is thus no longer an alien concept in the legal field and is been taken up by solicitors across different parts of the world. However, the use of such software can begin only after you are clear about your requirements and the demands of your business.

Lipe Lyons Recognizes As Premises Liability Legal Practice Of The Year

Chicago, Illinois, February 06, 2014 – The publishers of Acquisition International Magazine have announced the winners of their 2013 Legal Awards. This year, Lipe Lyons was recognized as Premises Liability Legal Practice of the Year in the United States.

Acquisition International’s legal awards recognize the outstanding achievements of individuals and companies within multiple segments of the legal sector and identify and honor success, innovation and ethics across international legal and business communities. The awards are given solely on merit and are awarded to commend those most deserving for outstanding work over the prior 12 months. Our awards recognize leaders in their respective fields and, crucially, are nominated by their clients and their peers.

Individuals and firms are nominated by clients and peers for these awards. The winners are determined by three factors, the first of which is the number of votes received. The voting forms are distributed to the 53,000+ subscribers of Acquisition International Magazine along with 180,000 legal professionals. The second factor is substantial in-house research. The third factor is the strength of supporting documents supplied by the nominees.

Acquisition International is a monthly magazine published by AI Global Media Ltd. with a global circulation. Its topical news articles make it a valued read for anyone involved in the business and financial markets and anyone involved in the global deal market.

About Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd. Lipe Lyons Murphy Nahrstadt & Pontikis was founded after the five name partners, with decades of experience, departed from their former firm together in order to better serve their long-standing clients. A testament to the relationships that the firm builds with each of its clients, the firm and its clients work in partnership to maximize the value afforded to each client. This dedication to client service serves as the foundation of every firm undertaking.

Their case handling philosophy is simple. They investigate and evaluate cases promptly and accurately. They work closely with their clients in order to determine the most effective and efficient way to resolve a dispute. They attempt to resolve cases on a fair and equitable basis as soon as possible, with minimal expense to their clients. If a fair and equitable resolution cannot be reached, they are ready, willing and able to take a case to verdict. Collectively, the name partners of the firm have tried more than 100 cases to verdict.

Lipe Lyons Murphy Nahrstadt & Pontikis, Ltd. is a member of the International Society of Primerus Law Firms.

Press Contact:
Derek N. Hoeft
International Society of Primerus Law Firms
Chicago, Illinois
+1 616.284.3631
http://www.primerus.com

Investing In China Proposed Labor Contract Law

If you are considering setting up a company in the People’s Republic of China (the PRC) you should be aware that Chinese law is more protective of employees than the laws of many western nations, particularly the United States. The current PRC Labor Law was enacted in 1994; however, a new PRC Labor Contract Law, intended to supplement the Labor Law, is expected to come into force at the end of 2006. This new law contains both bad news and good news from the point of view of the foreign investor; however, in general it further strengthens the protection of employees.

The Bad News:

Severance Pay

Because it is difficult under the PRC Labor Law to terminate open-term labor contracts, employers usually prefer fixed terms. The Labor Contract Law will address this issue by requiring employers to pay severance compensation to employees on fixed term labor contracts if these contracts are not renewed at the end of the contract term. The proposed compensation is at least one month’s salary for each year of service.

Company Rules/Employee Handbooks

No provision in the employee handbook or other rules affecting the employee’s “personal interest” may be put into force absent consultation with the labor union or other employee representative body (under Chinese law, virtually all employees are required to be unionized).

A Shorter Probationary Period

Currently, the probationary period may be agreed between the employer and employee in the labor contract, but the maximum probation may not exceed 6 months. The Labor Contract Law shortens this period to one month for non-technical work and two months for most technical work (the six-month maximum is still retained for senior technical work, probably because these highly skilled employees are seen as less vulnerable in the employment market. This is significant because it easier to fire an employee during the probationary period than afterwards.

Non-Competition Clauses

Foreign invested companies in particular have tended to insert post-employment non-competition clauses into labor contracts in order to protect their intellectual property rights in China’s wild west business atmosphere. Although the Labor Contract Law allows post-employment non-competition restrictions, it will limit their enforceability to two years and restrict the geographical area of applicability to areas where actual competition is likely to occur. In this respect the reform will render Chinese law more similar to US law, since the current Labor Law does not impose any geographic restrictions at all (but does permits a maximum duration of up to three years). The Labor Contract Law goes even further, however, by requiring the employer buy a non-competition clause by paying a minimum compensation equal to the employee’s annual salary upon termination of the labor contract. It is still unclear what, if any compensation will be due the employee if the period of restriction is less than a year.

Contract Interpretation

Any ambiguous term in a labor contract will be construed in favor of the employee. This rule does little more that codify what has long been the prevailing practice in PRC courts.

Representative Offices

The current Labor Law requires Representative Offices to go through designated agencies such as FESCO (similar to Manpower in the United States) in order to hire employees. The new Labor Contract Law offers Representative Offices greater flexibility by allowing them to directly contract with employees for their first year of employment.

In summary, the new Labor Law will restrict foreign investor’s flexibility and make it more expensive for them to operate. The only good news is that Representative Offices will find it somewhat easier to operate. Typically, the new Labor Contract Law does not bother to define terms like technical, senior technical; and personal interest However, foreign investors have long been used to waiting months and even years for ambiguous terms in Chinese law to be defined through the further issuance of implementing regulations to supplement the main law; meanwhile the government’s actual implementation of the law in particular cases will be closely watched.