Case law in the United States

The legal system of the United States was formed under the laws of the Anglo-Saxon legal family, so the main source of law it is considered a legal precedent. A precedent called the court's decision in a particular case shall become effective source of law, that is, get the opportunity to establish, amend or abolish the rule of law. US case law suggests the existence of a hierarchy of precedents on which decisions taken by the higher courts are binding in cases in the lower courts.

US case law is in constant motion, it is created and is directly determined by the judges decision-makers on various matters. Adopted a decision in a particular case in the future become applicable to other cases of a similar nature. It often happens that the judges are faced with the lack of clear definitions in the law. In such cases, the US legal system gives them powers and even obliges the self to determine the legal rules setting a precedent. The total weight of common law precedents referred to, determinant judgments in certain categories of cases. In the future, when considering the different situation in case of disagreement, the parties to the terms of the law, the judge hearing the case in accordance with the provisions of the preceding precedent on a similar process. If a similar dispute has previously been considered in court, and it was a final decision, the judges are obliged to follow the arguments used in previous solutions. The court may determine that the essence of the case is different from what it was in previous processes. Then the solution in this case will be taken in consideration for the first time. The decision will also be considered as a precedent.

Anglo-Saxon common law differs significantly from the legal system of the Roman-German type, which is used, in particular, the countries of continental Europe and Russia. The concept of the Roman-Germanic legal family court precedent attached much less importance than the written law. For example, the Napoleonic Code directly prohibits judges to engage in the creation of legal precedents.

The lawyer and his clients

Trade or reputation?

Even in America, advertising - this is not all. There is something more important than advertising. Suggest? That "something" - is well known to all of us, tried and tested concept: reputation. For example, it has been on the screens and in newspapers advertising, painted fantastic abilities of the doctor-healer. And, of course, it is doing its job: attracts the curious and needy. But not all. Those who are not up to the jokes, who really need treatment, do not go to the show to a healer, and to receive a serious doctor, specialist with high professional reputation.

These specialists are in any case.

Highly Professional a bank employee.

A skilled, with excellent artistic taste beautician.

A skilled, responsible real estate agent.

Intelligent, observant, honest reporter.

Reliable, knowledgeable, intelligent lawyer. Or even more than one lawyer and an entire law firm and diversified law firm "Isenberg and Hewitt» (Isenberg & Hewitt). About her professionalism evidenced, for example, such a fact. One of the most difficult, confusing and won Affairs was approved by the Federal Court, the Court of Appeal cited three of Georgia, the two references to it made in the voluminous legal directory "Litigation and procedures" Davis and Shulman.

The question - how many affairs conducted by the fifteen years of its existence, the lawyer Melvin Hewitt says: more than two thousand, almost all of them ended in favor of customers, but ... and there will also be an analogy with the way physician. The best specialists, the higher his reputation - the more difficult the problems with which it is addressed, the more difficult to succeed in solving them. Yes, on the TV screen, you can see the smiling faces of the lawyers vigorously to ensure every client: «One call - that's all!» - In the sense that looks like "One call - and it's all right!". But, really, it is worth pondering whether self-respecting expert guarantee success in the case, which he has not even met?

- Well, if you are familiar with the case - you can just say it will win or not?

- In most cases - can. And if there is no chance of success - the customer will be told clearly and directly.

- You know, many of us for some reason, the impression that lawyers are interested in any case possible to confuse zavolokitit to - excuse my frankness! - Extract from the client more money in payment for their services.

- I think that such an opinion - the result of ignorance. I will not talk about all the lawyers, but our company's strict rule: we charge a fee for their services only if the case is won.

A BIT OF HISTORY

Harriet and Melvin met in the school of lawyers acquaintance grew into another - marital status. In 1989, husband and wife Melvin Hewitt and Harriet Eisenberg opened a law firm in Atlanta, "Isenberg and Hewitt» (Isenberg & Hewitt) and started to develop in the coming years in private law practice in the field of legal services to small, medium and large businesses, and with individuals, representing and defending their interests in criminal and civil cases.

This decision was naturally destined to law "specialization" of young spouses. Harriet Eisenberg - a member of the State Bar of Georgia, a licensed broker real estate, a member of the American League's commercial laws, a member of the Group's lending to the construction, the founder and head of the investment company, are familiar with the diversity of the problems of organization and business formation, commercial transactions, and business relationships relationship. "Harriet - my partner - says Melvin. - To deal with all categories of businesses - small, medium, large, commercial agreements, breach of contract claims. She has more than a hundred regular customers, among them there are firms with an annual turnover exceeding 30 million dollars - such as, for example, one of the sponsors of the Athens Olympic Games - Home Depot ».

Large, diverse experience and shoulders at Melvin Hewitt. He graduated from the College of Law and the Faculty of Law at Kent State University. He served four years in the legal department of the Navy. For six years he worked in the police department. The next fifteen years he gave work in the biggest international firms of private services for the protection of various objects and buildings, passing over fifteen years as a private path from the head unit to the president of this company, which had more than 13,000 employees and serving hundreds of offices in America and in Europe. During the same period, without interrupting work, he graduated from the school of lawyers, became a member of the State Bar of Georgia, member of the American Trial Lawyers Association and the American Bar Association National Association of victims of criminal offenses.

Since the beginning of 1997 the company clientele supplemented by numerous immigrants from Eastern Europe, from the former Soviet republics. Scaling up the office, "Isenberg and Hewitt" and demanded the expansion of its staff, and to work effectively with Russian-speaking clients were taken staff speak Russian. Asked to compare his office - as it was fifteen years ago - with the one we see today, Melvin responds without hesitation: "Our first office was less than the current lobby. We started together with his wife, by the end of the first year to hire a secretary. A few years later were able to buy here is a spacious room. Today we have eight full-time employees working at full capacity, and two part-time employee per week. "

- It seems that the two main areas of your company are developing at the same pace, bring the same income?

- In general, it is. However, by their nature, they differ significantly. Job's wife is based on long-term contracts, on schedule, more predictable, its income relatively stable. I mostly engaged individuals, the range is very wide my business, my work schedule does not fit, my income is not predictable. But in sum commensurate with the income of his wife.

ON SCREEN AND IN LIFE

 When you watch movies where protagonists lawyers, it seems that they just do what they appear in court, say the bright speech with remarkable ingenuity argue with prosecutors ... Meanwhile, lawyers in one voice assured that most of the time in offices. And what is the balance of the time in Melvin and Herriet? What is the relationship between the work of the "public" and "home"?

Melvin Hewitt confirms that most work takes place in a lawyer's office. This is understandable: the preparation of the simplest things to the ten-minute consideration in court will require a minimum of a day's work. And if the trial takes eight hours - full-time? The preparation of such a case would take at least fifty hours - a little more than one full-time lawyer. The processes of investigating violations of health, last from five to seven days or more. Accordingly, the law drafting documents exceeds hundreds of hours of hard work. More time will require the preparation of documents for the criminal proceedings - whether murder, rape, robbery.

- And now - laughing Melvin Hewitt - imagine a man who sits all day at a desk littered with papers that read, he writes something, something makes the computer prints something and then rummages in the papers ... it is interesting? This spectacular? Of course not! And television and cinema require action, intense clashes between people. In this sense, the lawsuit - a kind spektakl.Tut you - the dispute, contest, fighting, gambling question, "Who - whom?" The prosecutor - the lawyer? Or lawyers - prosecutors? And how much can be spectacular scenes peek and to film the police department! Real shooting, persecution, capture criminals ... The crime scene ... ... victims of crime suspects ... ... Witnesses Evidence, evidence, version ... And all this - not fiction writer, and the real facts, the real the situation, the real danger, the risk, combat ... Work counsel of all this is very far.

We will not argue with an experienced attorney. He, of course, know better where the romance in his case, and where the prose. We only note that to appear in court to Melvin Hewitt still necessary. And it is not so rare. There are, however, these statements one feature: they are almost always the result of a foregone conclusion, and, moreover, is a foregone conclusion in the sense of success, in the sense of winning. And that is typical - this is not a foregone conclusion challenges the court, opponents are forced to admit it. Surprisingly? Probably not, if you remember, a huge, a careful, meticulous preparatory work supported by his every word, every application and requirement.

I remember the good literature Hemingway compared with an iceberg, the invisible, the underwater part of which is seven times greater than the parts, which could be seen above the water. It seems that the same proportion, we find in the work of a good lawyer.

IN THE BEGINNING WAS THE POLICE ...

- Mr Hewitt, with such fervor you were talking about the police ... This is - what? Your first love?

- From childhood I dreamed of becoming a policeman. You've probably noticed that the police have in the United States the figure is highly revered in many ways - the legendary, renowned fine movies, great actors. Naturally, dreaming of the police, I do not imagine myself on the periphery of events, but in their very midst. Pretty soon come to understand that a good physical preparation of the police is not enough, you need education, we need some experience. I graduated from college and law school of the University, served four years in the Navy, in the legal department, has mastered the job of a notary, a court clerk, preparing court reports. And right after armiii went to the police.

- A dream come true!

- Yes. The police I worked for six years. He was on duty in the patrol division. He was an investigator of criminal offenses. There was a secret agent to combat drug trafficking. He took part in the suppression and investigation of assassinations and killings, beatings and rape, shootings and the "showdown", theft and robbery. I had to deal with criminals and victims who received severe physical, mental and moral injury ... seen a lot, been through a lot.

- Still would! Such work can completely change the representation of the people of our world!

- Yes, the work of the police has left a deep mark in my life, I shaped my stance. Sometimes I feel like a cop today - only without the shaped icon. And, you know, to me it is very important - to feel a sense of ownership to the "police kommyuniti" feel among honest, fair and courageous people who are always ready to protect the offended, to help the injured, rescue in distress.

- But the police did not you stay? Why is that?

- I think because it was clearly understood by the police two main functions of law: Kara attacking and - to defend, indemnify. I realized that I was closer in spirit to the role of protector. In legal language - a lawyer. I never defend those who do not sympathize. Does not protect criminals.

- So, you're always on the side of the victim?

- Yes. And you know why? Because if, for example, to the fact that experienced people affected by violence, and will add another unfair decision of the court - that it will be a complete disaster, which in any case should not be allowed.

- You have communication with the police? You maintain some kind of relationship with the police?

- Well, of course! I still have many friends among the police, some of them now occupy senior positions. Many new and familiar, including the highly influential officials. I have very close relations with the police, I'm proud of. In its advocacy constantly rely on the help and support of the police. And, frankly, I do not envy the lawyers who have such assistance and support is not present.

"Safety"

The earliest meaning of the English word «security» - security, protection. Protection of objects, buildings and premises in the United States are engaged in mainly private firms. «Security business» - «security business" - it is a very specific, difficult. Some of its aspects similar to what we called "Safety". For example, several years ago, the health administration has adopted detailed recommendations throughout the industrial and non-business to provide for facilities of all types and categories of uptime and security alarm installed wherever it is needed on the situation, bulletproof glass to protect employees engaged cash settlements with numerous clients, ensure compliance with the standards of optimal lighting, the optimum air-conditioning to achieve trouble-free operation of all systems and means of preventing occupational injuries, to take all necessary measures for the complete elimination of any accidents among workers and employees, customers and visitors.

 Unfortunately, many private companies, managers and administrators ignore these recommendations and related standards, which often leads to conflict, dismal results, and sometimes tragic consequences.

And then the light appears "Delo", which deals with the police. The Prosecutor's Office. Court. And, of course, a lawyer.

Now, it is clear that a thorough, long-term work in the "protection of business" is naturally blended into the vast "database" is widely practiced lawyer, has become a valuable and integral part of his professional experience. This happens in life: People change profession (or place of residence, or something else nepustyachnoe), and the reasons for that - substantial, compelling. But the years pass, the major changes are coming, and then, it becomes clear that all previous changes really needed is not so much in themselves as in the sense of preparation for the main, decisive turn of life.

Yes, there were many compelling reasons in favor of the transition from the police in the sphere of "protection business." New interesting business. A significant gain in wages. Good opportunities for a successful career. The wide scope of activities. And yet confirmed, all took place. But as president kurpneyshey American private security company Melvin Hewitt arrives in a special school of the Bar, it has successfully completed, the lawyer receives a license and confidently make the main, decisive turn - opens with his wife own a multidisciplinary law firm.

- And once everything fell into place - smiling Melvin Hewitt. - I protect and defend the people's police. I protect and defend the people, "security men". The same thing I do in fact today, the work of lawyers.

PAYMENT? HELP? PUNISHMENT?

In the lawyer Melvin Hewitt sees the synthesis of all that learned and what he did.

College, University, School of advocacy given the necessary knowledge at every step in the legal profession.

The criminal police have learned, without which there would be a good lawyer: work with evidence, any examination of the data and documents dealing with suspects with victims and witnesses, the method of complete and comprehensive collection of objective information, the ability to analyze the collected material, to conduct an independent investigation.

"Security men" gave a broad and accurate picture of what set of mandatory measures to prevent any crimes, violations, accidents should be in any place of human habitation: at work or in a shop, in a hotel or in a hospital, in the office or visiting a neighbor , by e-mail or in college, in a theater or at a restaurant in the apartments or on the beach, at the stadium or on an airplane, on the street or on the road ...

There in a US court this rule: if the accused or the prosecutor is unable to hire a lawyer, the court may grant them paid by the state counsel. When the court appealed for help to Melvin Hewitt - he never refuses to protect the victim, so he had the right, or if you like, a moral duty. A few months ago, he spoke thus representative of children without a mother - her father killed them. As a lawyer, Melvin Hewitt did everything possible to arrange the future of poor children, to provide them the maximum payment of financial compensation.

- We all understand that no payment is to compensate the loss of a loved one - Melvin says Hewitt. - Moreover, sometimes blasphemous seems very idea to claim any monetary compensation in the case of death, the death or the killing of a person. And yet with this position I do not agree. Yes, the word "compensation" often sounds very badly. But there is much more natural, simple word - "Help". And in some cases it turns out to be very appropriate word "punishment" - a claim the material to the accused the benefit of the victim.

And now - a relatively recent example.

The new "minivan" one of the largest firms avtoproizvodyaschih struck by lightning.
accident attorney, accident lawyer, auto accident lawyer, car accident attorney, car accident lawyers, motorcycle accidents

Ask the Lawyer

The "Ask the Lawyer" is designed to help you effectively solve your issues related to legislation in the United States.

Your questions answered only by licensed American attorneys who speak in Russian, as well as some members of the law firm speak your native language.

If you live in the US or just planning migrated to the United States for permanent residence or to learn and you have questions to a lawyer in the United States, you can ask them here for free.

Choosing the right lawyer is very important, even if your friends have a good "your" lawyer who helped draw them buy a house that does not mean that the lawyer totzhe can provide you with as much expert help in buying the business. The lawyer has a very high reputation in the criminal court may not be able to get for you the maximum compensation in the case of a car accident. This is why we created this website to enable you to find a law firm that can provide you with the most effective help in your question.

Of course, a lawyer will not be able to issue a marriage to a US citizen or win the case in the criminal court, or making a purchase real estate on our website, but you can get a road map with which you start, and what is the next step to take. Also, you will be able to meet with several attorneys specializing in ineresuyuschem your questions.

Ask a question on our site, you will immediately contact with several law firms that can help you. Our program will send your question only to those lawyers kotorye can really help.

You no longer need to call a lawyer, who is currently out of the office, leave your phone number on the answering machine, or by the secretary, what would then when you will be contacted to find out that the lawyer does not deal with these issues.

You can read the answers to the previous questions in categories such as: Immigration to the United States, family law (marriage, divorce, child support, etc.), the legacy of the United States, lawsuits, criminal and other offenses.

The cost of legal services in the United States - high, but to make an important step in life without the advice of an attorney can cost you many times more expensive. Our project will help you with a little effort to find the right lawyer who can effectively help it in your situation.

ACCIDENTS AND INJURIES

Working with cases related to accidents and injuries, we apply his rich experience, so you can conclude the most favorable deal for you and get the biggest payout for the injuries, damages endured pain and suffering. Mr. Briscoe personally investigated hundreds of accidents, as well as cases fall (slip and fall) and injury in the workplace. In cases of accidents or injuries time is important, which is why we immediately begin to build the strongest case. Wasting no time, we ask for securing evidence and make sure that all the photos, videos, testimonies and any other relevant information is saved and you can join. Without any advance payment from your side we will begin to engage in your case. The fee, we will ask only after we receive the payment of material for you under the settlement!

We asked a few questions to Mr. Briscoe, a former police detective and private investigator:

- For any matters related to accidents and injuries, you undertake?

- I'll take any cases of accidents - not only traffic accidents, but also the cases of all the injuries that get in production facilities within private areas where persons are injured by another person, a product, on kakoy- a territory and so on. During its operation, the private investigator I had to deal with a large number of insurance companies, lawyers, and I know what kind of information they want while working with cases of accidents.

- The most basic things that we need to know about accidents and injuries. How to behave? What to do?

- In case of injury meant, of course, physical injury. Very rarely someone gets emotional or psychological trauma, and usually such cases are somehow connected with psychiatrists and doctors, so that they are classified as malpractice. The most common injuries obtained during traffic accidents. In the event of any injury, it is important to hire a lawyer, he will tell you important things, and to be informed about the progress of the case. Sometimes the cases are very long, even up to 2 years. This is due to the fact that some insurance companies do not want to go to the world, as long as you do not file them in court. So you definitely need a lawyer, who in all the details tell you about the process. This lawyer should always be in touch (I always call back within 24 hours, regardless of the importance of your question. It is very important to customers, the ability to ask questions is very important).

I'd like to advise everyone who is injured, start keeping a diary and make a list of everything that you are going through. Usually this is not just a pain or discomfort may appetite disorders or sleep. Such things can be overlooked, because it wants to get injured again and start living a full life, but it is very important information, which can be used in court and in the case of protracted litigation, we can just forget the whole thing. These findings are important not only for business but also for your health. Sometimes a person gets a concussion and initially it quietly, but the symptoms may get worse, then your record will help the doctor.

People also do not know that if they are injured in someone's home or in the park, sometimes it is possible to obtain compensation from the insurance company. Do not think that all the medical bills you have to pay yourself to start, discuss this with your lawyer.