Ask the Michigan Lawyer.com

Jimmy Sturo asked:


Marriage as an institution has become more of a legal contract than a religious ceremony. Since marriage is a contract, the involved parties, i.e. the spouses can decide to break the marriage and go their separate ways.

A divorce has many legal implications involving property ownership, child custody and other matters. The state gets involved since properties have to have legal titles and the proper care of children is another legitimate legal matter.

Separation can happen in many ways. It can be amicably settled between the spouses themselves, ‘in propria persona’ in legal terms. A mediator can help spouses negotiate an agreement. The mediator can be a lawyer, mental health professional or even an accountant. Unbundling is a term that allows partners, as general contractors, to negotiate between themselves, bringing in the services of experts only when needed. Alternatively, spouses can hire an individual lawyer to create a win-win situation. Finally, if nothing helps, the couples can go for a court trial where the division of property and custody of the children will be decided by a judge.

The role of lawyers is to help draft a separation agreement between the husband and wife. A separation agreement resolves issues related to alimony, child custody, child support and the division of property. Under the Michigan statute, a judge considers only the factors of standard of living and marital fault for deciding alimony. Similarly, for granting child custody, factors like statutory guidelines, children’s wishes, the health of the child and domestic violence are considered. The judge may employ custody evaluators. Also, child support is decided by factors like shared income, mandatory deduction for medical purposes and child care, college support and shared parenting.

A separation agreement is a binding contract, and therefore must be reviewed with care. Lawyers can be located through local bar associations and also websites. In choosing the lawyer, trust and credentials are very important to consider.

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Jimmy Sturo asked:


Real estate refers to land, whether it is used for residential, industrial or commercial purposes. Real estate has become a hot topic in Michigan after the state legislature amended the constitution to prohibit eminent domain seizures of property from private owners solely for the purpose of transferring it to other private owners for economic development or to increase tax revenues. This negated an earlier court ruling.

Real estate laws are enacted by the state and the department of Housing and Urban Development, so homebuyers can have a hassle-free and fair buying process. Laws also regulate mortgage rates, and cover landlord-tenant issues and other commercial transactions. Michigan has enacted laws to regulate the practice of real estate brokers, salespersons and appraisers. These are approximately 4,500 appraisers, 20,000 brokers and 40,000 salespersons overseen by the Michigan state board.

Real estate laws are designed to prevent fraudulent behavior during home-buying transactions, establish clear titles for properties, clarify landlord-tenant disputes, and handle other matters regarding the evaluation of property, and disputes between architects, contractors and engineers. Some of the laws in the real estate domain include property laws, tenant laws and construction acts.

Some of the common lawsuits regard foreclosure, a process in which mortgaged property is sold off to pay the loan of the defaulting borrower. Equity skimming is a scam exploiting the foreclosure procedure, in which the scamster lures the financially troubled property owner to deed out the property, promises to pay the mortgage and later defaults on the mortgage payment and allows a foreclosure procedure. Other lawsuits are related to the ownership of the property and landlord-tenant cases.

Besides lawsuits, real estate lawyers handle a broad array of real estate transactions for developers, individuals and businesses. These include the drafting of deeds for property transfers, land contracts, leases, construction contracts and mortgages. They help provide services in insuring properties.

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Ken Marlborough asked:


When a party suffers a personal injury on account of an act of negligence or careless neglect on another other party’s part, usually the injured party opts for a personal injury lawsuit against the defendant party. In some cases, the lawsuit will be followed by a quick settlement, but most of the litigation takes many months or, in some cases it is years before a settlement is reached or a verdict is obtained. In all this time, the cost of litigation is substantial, and the plaintiff must bear personal expenses as well. The question then arises as to how these lawsuits are funded.

Lawsuit funding or pre-settlement lawsuit funding is a way to offset the costs of the lawsuit; a pre-settlement loan is offered to the plaintiff as a non-recourse cash advance. This type of funding is done with an assurance from the plaintiff that the advance will be paid back at the conclusion of the litigation. This type of loan also covers the plaintiff’s personal expenses in situations where the plaintiff is severely injured or is indebted by heavy medical bills. In non-recourse finding, usually the plaintiff is not liable to pay back the advance if the lawsuit is unsuccessful. The lawsuit funding or financing company recovers the money only if the litigation is successful. The lawsuit funding party can be a financing company or the plaintiff’s lawyer or the law firm.

As the fees associated with the pre-settlement funding are quite high, most of states in the United States have laws against charging of excessive rates for funding. As per Michigan law, in a contingency plan the plaintiff must pay the lawyer only after he has been reimbursed by settlement funds. Usually the recovery itself covers a lawyer’s entire fee. Recently, a Michigan court held invalid a lawsuit-funding contract where the defendant’s liability had been established, and it was ensured that the plaintiff would recover some amount of money as a result of the litigation. The court stated that the financing was, in fact, a loan, and the plaintiff was only supposed to repay the principal amount to the financing company.

Due to very high interest rates, pre-settlement lawsuit funding should be treated as a final option in adverse circumstances where the plaintiff has immediate financial needs. In such circumstances, where the plaintiff has no choice but to opt for funding, the decision should certainly be taken in consultation with counsel.

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Brent Delaurentis asked:


Variety may not be the spice of the legal profession – but, yes, there are a few different types of a Michigan child custody lawyer. Here is how the family lawyer fraternity can be categorized into different types:

A. Based on the firm’s size

Sole proprietorship: About 50% of family lawyers run a sole proprietorship – in other words, they work for themselves. They have to do the entire running around, and if they take on more work than they can chew, then they come under pressure. However, in pressure situations, these solo lawyers (many of whom are considered very good family attorneys) then hire other lawyers to get the pressure off.

Small-sized firms: A small lawyers’ firm, also fashionably called a boutique, is typically made up of 2-10 lawyers. The quality of these firms depends on the caliber and experience of the lawyers running the show.

Medium-sized firms: Firms staffed with 20-50 lawyers make up a medium-sized firm. A few lawyers own the firm while the others form part of the staff. Most of the legwork and the initial preparation of cases are handled by the younger staff, while the seniors step in for the hearings or at critical moments.

Large firms: Any Michigan child custody lawyer firm that has over 50 lawyers is considered a large firm and any firm with over a 100 lawyers is termed as a mega firm. These large and mega firms feature many departments that specialize in different legal aspects. One big plus of these large firms is that they provide all the services under one roof as they are staffed with lawyers specializing in every branch of the law.

Law clinics: These clinics are specialty law firms that handle small-time, simple legal work. If your work is simple and requires minimum lawyer intervention then you must approach a law clinic. Law clinics keep their costs down by appointing paralegal assistants and using pre-printed standard forms. The minus with law clinics is that they cannot offer expert, in-depth advice.

B. Based on specialization

The law is vast and possesses enormous depth. No one lawyer can specialize in all of the myriad legal topics. In theory it is said that general Michigan child custody lawyer law firms can handle all cases – but practically speaking, a lawyer has to focus on a specific area. Some legal specialty areas are:

• Family matters, including divorce, and child custody and support.

• Wills and probates.

• Real estate, which includes acquiring or selling of real estate and construction

• Crime.

• Workers and trade union laws.

• Company law – mergers, dissolution, formation and taxation.

• Intellectual property law – patents, trademarks and copyright laws.

Certified specialists

There are some states in America where lawyers train in certain areas. These lawyers study further after their bar exams and pass additional exams – such lawyers call themselves certified specialists. When it comes to family law, certified specialists must continue their studies perpetually so that they are aware of the latest on child support, divorce, child custody, splitting of property, alimony and other family matters. The standards for their certification are high as they are set by the state bar council.

So make sure you know which Michigan child custody lawyer can help you win your case. Since there are many types you want to research and learn as much as you can about how to win so you can make all the best decisions regarding child custody law and your attorney.

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Brent Delaurentis asked:


There are many great places for you to look to find an effective Michigan custody lawyer.

1. Publicity and Press Releases

When custody lawyers crack a tough case, newspaper reporters cover them. So, when you scour the newspapers and come across a complex case (similar to yours) sorted out by a lawyer, you can look up his phone number and call him.

However, you have to differentiate between genuine news and press releases. Many stories that glorify lawyers are nothing but press releases released by the lawyer’s office. If you see a whole lot of “sales talk” in a newspaper article, you can dismiss it off as a press release.

2. Legal Plans

Legal insurance or legal plans are offered by employers, unions, credit card companies, financial institutions, etc. When you sign up for their service, these companies allow you to utilize legal services for a small membership fee. Of course, the legal consultation will be basic but is ideal if you’re looking for advice in a trivial matter. For complex cases, it is best to appoint an expert lawyer.

3. Help/Support Groups

Child Custody Support groups are another excellent resource that can provide rich information about a Michigan custody lawyer. In support groups, you come across people who have faced a variety of situations ranging from domestic violence to child custody to drug abuse. Some examples of such support groups are: Parents Anonymous and Parents Without Partners.

4. Internet

While online, just fire up your favorite search engine and search for lawyer specialty and location – and you will be staring at 100s of listings in no time. Then all you have to do is check the lawyer’s website and begin calling them or sending them an email to know more.

5. Lawyer Referral Service

You may contact a Lawyer Referral Service – a helpline – to find a lawyer. It is staffed with counselors who are provided with listings featuring all kinds of lawyers. You’ll get everything you want to know -names, addresses, and phone numbers of several lawyers near you. And if you want to engage in an initial legal consultation with the lawyers, then too this service can help you out for a small fee – about $25.

If you’re not sure you need a Michigan custody lawyer, or if you cannot find one using your friends or relations, then it is best to call this service. The disadvantage of this service is that it can only clue you on to lawyers who are registered with them – in the bargain, you might miss out on some really good lawyers who have not registered.

6. Other Listings

Each state’s bar association features a referral service. However, if you ask them, they usually will provide you with a list of 100s of lawyers as all lawyers who are in practice are registered with them.

If you’re looking for a divorce attorney, then you can try the American Academy of Matrimonial Lawyers – check out their website too, www.aaml.com. This institution registers only lawyers who have completed 10 years of practice in family law and who have passed an interview conducted by the State Board of Examiners – so you’re bound to find rich talent out here.

You can also try the American Bar Association at www.abanet.org. This is a countrywide institution that lists attorneys who are licensed to practice. You can call the American Bar Association for referrals and recommendations too.

These are some of the places you can look to find a Michigan custody lawyer. There are more places to look and a lot of information to know to really gain an upper hand in your custody case and win!

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Jimmy Sturo asked:


Asbestos is a fibrous material that was used in home construction and the manufacture of vehicle brakes, plastics, paints and some paper products. Asbestos is harmful to human health. It causes many forms of diseases, some of them being fatal.

Mesothelioma is a rare form of cancer of the cells that make up the lining around the outside of the lungs and inside the ribs, or around the abdominal organs. This form of cancer is very difficult to diagnose, and responds poorly to therapy. Mesothelioma is a malignant type of cancer and the survival time is less than a year. Malignant mesothelioma is primarily caused by exposure to asbestos fibers, and takes 20 or more years for the disease to develop. Thus, persons who were exposed to mesothelioma twenty years before are still at risk of getting mesothelioma.

In the last 20 or so years, professional and non-profit groups have tried to raise awareness about the ill effects of asbestos exposure. Asbestos laws have been enacted to protect people from the harmful consequences of asbestos exposure. OSHA enforces asbestos law. The law limits the permissible level of asbestos exposure in terms of fiber content and duration. Asbestos laws allow people to get compensation for medical expenses and lost income. The law is proactive, in that it allows anticipatory medical expenses.

Mesothelioma lawsuits are generally medical malpractice cases, but some come under product liability, personal injury and wrongful death laws. A mesothelioma attorney has to be consulted if one was exposed to asbestos in the past. An attorney can help recover the costs. Sometimes, the attorney can also arrange a meeting with other mesothelioma patients to exchange information and support. An experienced mesothelioma attorney can help recover benefits from reluctant defendants, sometimes without even going to trial.

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Jimmy Sturo asked:


Dog bites are a very serious public health menace. It is a traumatic event for the dog attack victim and the victim’s family. All dog bites require medical attention to rule out infection. Dog-bite lawyers can help dog bite victims, to seek compensation or conduct legal proceedings against the dog owners, if necessary.

Michigan’s Dog Bite Statute, states that the dog owner is responsible for any damage caused by a dog bite. For the owner of a dog to be liable to the injured person, it is necessary for the dog bite victim to prove that, the dog was vicious or had a natural inclination to be dangerous, and that the owner had knowledge thereof. In most dog bite cases, the circumstances can be established with photographs, medical records, witness statements, or other evidence that the dog caused substantial physical harm. It is better to contact a competent dog bite lawyer as soon as possible after a person is bitten. This will enable the lawyer to collect all the necessary evidence and records and successfully handle the case on behalf of the victim.

The Michigan dog bite law stipulates that a Michigan state resident victim of a dog bite incident can take legal action against a Michigan dog owner, within three years from the date of the dog bite incident. In many cases it may be difficult to identify the dog owner. The case becomes complicated if the dog was not given timely vaccinations. The dog bite lawyer can help to collect the relevant licensing and vaccination records, as well as the testimony of witnesses, if any people were present when the incident occurred.

If contacted immediately after the dog bite incident, a proficient dog bite lawyer will be able to provide the victim, proper claim presentations for insurance company settlement, or for placing before a judge at the trial if necessary.

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Jimmy Sturo asked:


According to the 2003 annual report from the US Department of Health and Human Services, 10,403 physicians, 105 nurses and 1499 dentists from Michigan were involved in medical malpractice payments for the period 1990-2003.

Medicine is not an exact science. The causes of many diseases are still not known. Many drugs have harmful side effects. Medicine is a broad field that includes pharmaceuticals, health care provisions and nursing homes.

When the body is treated for any abnormality, things can go wrong at the drug-absorbing stage, during hospitalization and during recuperation. Pharmaceutical companies may be held responsible if the drug was responsible for any adverse effect, and health care providers held responsible if they made mistakes.

Medical malpractice is defined as a negligent act by a health-care provider that results in injury or death. A negligent act is one where no reasonable health-care provider would have done the same thing under the same circumstances. Negligence can include misdiagnosis of a disease, administering the wrong medication, or failure to inform a patient about the risks of a procedure or alternative treatments.

A lawyer should be consulted in order to determine these factors: liability, damages and cost to settle damages. Liability is about deciding if the health provider is responsible. To prove this, a testimony of an expert is required. The extent of damages has to be determined to decide whether the case is worth fighting.

The statute of limitations states that medical malpractice claims must be brought within a period of two years. This can be extended when the patient is a minor or when the effects of a malpractice are known later. Medical malpractice lawsuits take a long time to settle.

Attorneys take these cases on a contingency basis. The fees are a percentage of the claims.

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Ken Marlborough asked:


According to the Michigan law, personal injury refers to the physical injury or damage you suffered due to someone else’s carelessness. It can be an injury to mind, body or emotions. If you have suffered a personal injury in Michigan, state law will always come to your aid to protect your legal rights and secure compensation for all the losses and injuries you suffered.

As per Michigan law, any accused who acts in concert or who independently contributes to a single injury or who otherwise shares the burden of the wrongful deed can be held liable for the entirety of a victim’s damages. An independent accused who tortuously contributes to the victim’s injury cannot be joined in the same action and is considered separately as being liable for the entire injury. To prove the damages and to collect the injury claim in the state, the victim needs to prove that the person or persons who caused the injury were negligent and that the claimant suffered damages because of this negligence.

Additionally, Michigan’s comparative negligence law allows an individual to recover compensation for sufferings, even if the individual was also negligent, as long as the claimant is able to prove the defendant was more negligent. In this case, however, the amount of recovery will be reduced by a percentage of the amount for which the claimant was found negligent.

Under Michigan’s product liability legal theory, if you have suffered injuries due to the use of some consumer product, then the manufacturer of the product will be held liable if the product is proved to be unsafe for use.

Michigan’s personal injury law rules that the person who injured you is responsible for all your past, present, and future medical expenses and any property, such as a vehicle, that was damaged as a result of the injury. Once proven guilty, the other person is also liable to compensate you all for the pain and suffering, any distress, time lost from work, any permanent disfigurement or disability, etc.

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Ken Marlborough asked:


A law firm is a business with one or more lawyers practicing of law. Their primary service is to advise their clients of their legal rights and responsibilities and to represent them if required in their various cases. Law firms specialize in various domains such as civil cases, criminal cases, personal injury cases, patent law, labor law, etc.

Law firms that specialize in personal injury cases represent victims of personal injury, wrongful death, and worker’s compensation. These firms specialize in providing legal representation in the various areas of personal injuries such as motor vehicle accident, no-fault claims, uninsured motorist claims, premises liability, medical malpractice, wrongful death, defective products, brain and spinal cord injury, burn injuries, dog bites, sexual harassment, etc. These law firms consist of lawyers who belong to state and national trial lawyer bar associations.

If you are a victim of a personal injury case in Michigan, as per the law of the state, in order to claim compensation you will have to prove that the person responsible for the injury was negligent. Michigan law firms can help you in hiring expert witnesses to prove your damages, as these firms have unsurpassed knowledge, experience, and resources in handling these kinds of cases.

To look for a Michigan law firm that can represent you and help you gain compensation for the physical and mental injuries you have suffered, the best resource is to search on Internet, as there are 100 of sites listing various law firms in the Michigan state. Additionally, you can look for a law firm in yellow pages or go through a personal reference.

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