Legal Issues in Human Resources

Attorney fees are legal representaion costs that are incurred by the attorney’s clientor law suiter party. Attorney fees are detremined in various ways, which may include billage hours, flat fees, or the contigent fees. In evaluating what constitutes reasonable rates, various courts have resolved that attorney fees should be based on the rates for the similar services in the community where the acts arose. Although attorneys have cited a specific amount of fees to the client, they might be opened to a lower fee negotiation depending on the expressed reasons of the client.

Moreover, attorneys can allow payment plan such as installment to enable the client satisfy their obligations. But, if the paid fee is doubtful, or the cost and the expenses shown in the file are unreasonable, then a registered correspondent to the attorney should request an explanation. However, if the step fails to meet the client requirement, the next step should be state bar association that will provide a forum for filling complaints against attorney.

Being discontent with the fees charged by the attorney does not mean that the charges were unreasonable. If the high fees charges were communicated to the client earlier, then the client probability of prevailing at arbitration are narrow. A client may sometimes accept the fees and the probable cost and then triumph at the trial, but the award or verdict is less than expected. An effective attorney should be willing to attempt to reduce charges from the expert witnesses, alongside reduction in the attorney fee.

Lastly when the client is defensive and resistance to the claim fees, the attorney should decide to justify the amount anticipated or whether it is worth a malpractice claim from the state bar (Pub. L. 96-481 § 201 et seq. 1980). Difference between civil and criminal court. Criminal cases Criminal acts are those cases perceived legally as an offence against the state. Criminal court comprise of prosecution and the defense sides. The prosecution is the side that brings the case to trial. The prosecuting lawyer is known as prosecuting attorney or a Crown.

The victim of the crime have there own legal representative. Their role in the crime however, is as a witness. The defendants in a criminal court are those charged with criminal offense and they represent themselves or represented by a defendant lawyer. The person accused of crime assumed innocent until prove guilty. It is the role of the prosecutor to ascertain that the defendant is guilty, but if the prosecutor fails to prove this then the defendant is acquitted and set free. However, if the defendant is proved to be guilty, they receive a sentence depending on the degree of crime.

Civil cases Unlike in criminal case, both parties in the civil case are known as litigants. Individual who introduce the matters to the court is known as a plaintiff, and the one responding to the case is called a defendant. Suing an individual or organization is carried out through a civil court. Examples of civil cases are labour cases and family cases. If a civil claim is ruled legitimate, the judge will then state and explain how the issue can be fixed. Based on the case, the judge may ask the accused to pay the plaintiff damages, make an apology or stop a given activity or act.

A judge may ask the media to print a correction and an apology or to pay the plaintiff for the damage of reputation caused by the media to a plaintiff (Randolph, 2008).

Reference: Pub. L. 96-481 § 201 et seq. (1980). Become effective for actions pending or commenced on or after October 1, 1981. Randolph, K. (2008). The records of the criminal court. “ Can you look up a person criminal court history? ” http://ezinearticles. com/? Criminal-Court-Records—Can-You-Look-Up- a-Persons-Criminal-Court-History? &id=1572466