Child abuse cases tend to be emotional and extremely complex. It is essential everyone involved in the decision-making in a child abuse case have a keen understanding of the issues involved. An expert witness can assist an attorney who is handling a child abuse case and can serve as a valuable resource for the jury and the judge.

What is the role of an expert witness in a child abuse case?

Expert witnesses in child abuse cases ensure that there is accurate information given to jurors involved in making decisions.

Child abuse cases can be very challenging. They frequently include issues that pose challenges to effective prosecution including the lack of hard evidence. They typically do not have any third-party eyewitness testimony and can contain unambiguous medical or physical evidence. There might be delays in disclosing a crime, or contradictory or inconsistent statements and recantation given by victims.

In many instances, this would mean the case does not meet the legal standard necessary for a conviction, but child abuse cases might be handled differently. There are varying studies regarding how reliable a child’s testimony is and it is important for an expert witness to help the jury understand how seriously to take a child’s account of an event.

An expert witness can be useful or necessary for educating jurors about facts they might not otherwise know and for providing research-based testimony to correct misunderstandings that exist among jurors. Juror knowledge and experience is going to vary from case to case. Expert testimony can be useful in helping jurors evaluate the testimony of a child witness or other important evidence.

Expert witnesses can also clear up misconceptions about abuse in general. For instance, more than half of jurors in previous cases believed that most children sustain physical injuries from sexually abuse, even though this is not the case. Others there should be physical evidence to substantiate the allegation. Others have expressed their opinion that children often resist abuse in most cases and they allowed their misconceptions and predetermined stereotypes of who is capable of abusing children to interfere with their verdicts.

It has been common place for jurors to demonstrate a lack of accurate knowledge concerning a variety of topics including:

• Children’s memory capabilities
• Proper interview techniques
• Professionals’ inability to accurately detect
  child sexual abuse
• Symptoms of child sexual abuse
• The fact that some children believe the
  fictitious events they describe
• That some children invent stories of having been
  sexually abused in the absence of such

Allegations of child sexual abuse tend to be extremely complex to prosecute and to defend. These cases often require specialized knowledge about children’s reactions to sexual abuse, as well as proper forensic interviewing procedures. This is the only way for a jury to accurately weigh evidence in these cases. And despite most jurors having at least some accurate knowledge regarding specific issues of child sexual abuse, there are still a great many gaps in their knowledge. An expert witness can help to strengthen the case an attorney is presenting and make it easier for a jury to make an informed ruling.

For more information or to speak to Lori Kornblum about your case, contact her at 414.331.3165.

Lori Kornblum
www.lorikornblumlaw.com

Conflicts often involve a great deal of tension and emotion. This means it can be tough to think clearly and make smart decisions, even if you would usually be capable of acting reasonably. Conflict causes your high order mental processes to go haywire and cause you to have aggressive reactions that escalate a problem. The reason for this is feeling helpless and scared, but the outcome is a conflict that has spiraled out of control.

The good news is it is possible to regain control of the situation and gain traction in a dispute. Achieving a state of police assertiveness can turn a tense situation into one that is focused on problem solving. When people see you as someone who is quietly confident, their desire is more about pleasing you and winning your favor than it is about winning or overpowering you. One of the best ways to achieve this state is by identifying someone’s underlying needs by asking questions and staying focused on the main issue. These are things mediators try to do when working with disputing parties on resolving a problem.

What are some of the questions a mediator might ask to achieve this position of facilitator and make it easier for disputing parties to resolve an issue?

What was the event that started the conflict? Identifying when a person began to lose his or her faith in the other party can be very effective for moving a dispute forward. It can also help to identify if the problem in one person’s view is not the same as the other.

What are your deepest values and/or priorities? For instance, does one party value time while the other values money? Is one person looking for a strong bond that comes through honesty while the other just wants to avoid an argument, even if it means a shallower connection? Does someone value creativity while the other one value competency? Identifying priorities can help you determine each person’s point of view and can help you help each person understand themselves and their dispute partner better.

Are there things you already agree on? Most of the time this is the case in a dispute – there is already some common ground. What is the strongest disagreement? It can help to address this first or to get a few smaller wins before conquering the biggest hurdle.

If an agreement is not possible, what comes next? One of the most powerful tools a mediator has is the knowledge of what follows a failed mediation. Sometimes explaining this to disputing parties is enough to push them into being more open-minded about negotiations.

What is your role in the conflict? How would you describe the other person’s role? These descriptions can clarify a lot about perception and help parties figure out where they stand.

Remember, everyone involved in a dispute is already feeling insecure or anxious. Boosting their confidence and giving them traction can make it easier to resolve the matter. Allowing one or both parties to resort to bullying or arrogance throws everything off course and undermines the ultimate goal of mediation.

If you would like to know more about mediation or you have questions about whether it could help in your situation, contact Michael Metcalf at 214-890-9270.

Michael Metcalf
www.metcalfmediation.com

Below, are the Ten Commandments that can help you avoid problems during construction projects and resolve those that do arise.

1. Have Clear Contracts

The best way to avoid construction problems is to have clear contracts that set out the rights and responsibilities of both parties. Carefully read through the contracts and negotiate favorable terms in case a problem does arise.

2. Anticipate Problems

It is common for some type of problem to arise during a construction project, whether that means that weather delays the work, materials cost more than expected, or an unexpected problem with the property arises. Be sure that you include provisions in your contract that address these potential issues.

3. Structure Payments

Some project managers make the mistake of pre-paying for work or paying too much for the amount of work that has been completed. Funds that are advanced should not exceed the value of work that has been completed.

4. Secure the Work

Many contractors choose to secure their work through the issuance of a mechanic’s lien. To protect your rights, you will need to carefully follow the filling deadlines and notice requirements.

5. Formalize Contract Changes

If there are add-ons or change orders, be sure that you get these contract changes in writing. Your contract probably requires changes to be in writing, so be sure you follow this directive.

6. Resolve Problems Early On

If problems do arise, address them early on. Letting them fester can cause the parties to solidify their positions against each other and make it more difficult to resolve the problem.

7. Pick the Right Mediator

If you have a problem that cannot easily be resolved through direct communication or negotiation, mediation is an effective way to resolve disputes that arise during construction projects that allow the parties to maintain the contract and work together to resolve the problem. Selecting the right mediator is pivotal to the successful resolution of your case. Neil Robertson has extensive experience mediating construction and commercial matters and can help you resolve your dispute in an amicable manner.

8. Participate in Mediation in Good Faith

Once you are at mediation, it is important that you participate in the process in good faith to get the full value of this process.

9. Keep an Open Mind

One of the biggest benefits of mediation is the ability of the parties to create terms of an agreement that may not otherwise be available through litigation. For example, the parties may agree to modify the contract, agree to future business together or agree to use a particular subcontractor as a way to resolve the conflict. Keep an open mind and be flexible to get the most out of the mediation process.

10. Document Your Agreement

After you successfully mediate your dispute, be sure that you get your full agreement in writing. You will walk out of mediation with a customized agreement.

Neil Robertson
www.robertsonmediationflorida.com

Family mediation continues to grow in popularity for couples that are divorcing and dealing with other legal disputes. The process makes it easier to resolve conflict and reach agreements about custody, financial matters, and other issues.

Mediation involves various steps, including:

Receiving the Mediation Referral

Step one is to get a referral for mediation and to a mediator. This can come from the court or from either party’s lawyer. In some situations, mediation will be arranged without much input from the participants, while in other cases they are free to choose the date, time, location, and mediator.

Information and Assessment

The next step allows the mediator to familiarize him or herself with the situation. The mediator typically meets with each party individually and assesses whether mediation is suitable for the circumstance. The mediator will determine if both parties are entering mediation in good faith and whether they will be able to make headway. Mediation is a voluntary process, but this does not mean everyone will enter the process willing to negotiation. The part of the mediation might occur in a separate meeting or on the same day as the mediation but earlier.

Mediation Sessions

Next comes the heart of the mediation. This is when the mediator brings everyone together to discuss the situation and potential resolutions. The mediator’s job is to facilitate communication between the parties and ensure they stay on track and keep the end goal in mind. Each party will be given an opportunity to share his or her concerns and opinions and the mediator will encourage everyone to consider pros and cons of each possible outcome.

The goal of the mediator is to keep the focus on the matter or matters at hand and to help the parties reach an overall consensus that satisfies everyone. As much as couples might want to resolve their issues in mediation, the situations are usually charged emotionally, and the situations can spiral out of control quickly. The mediator works to prevent this from happening and does his or her best to keep the process positive and productive.

Documentation of the Agreement

If mediation proves successful in resolving the family’s issues, the mediator will draft a record which summarizes the issues discussed and the resolutions decided upon. If mediation makes progress but has not fully resolved the matter, the mediator will document what was resolved and what is still outstanding for an upcoming session.

If the situation is unable to be fully resolved, parties can use the documentation to avoid a lengthy court battle over issues they agreed upon. However, the discussions that take place during mediation are confidential, so both parties must agree to move forward in the same manner.

Any documents in mediation do not become legally binding until all parties have agreed. It is then presented to the court for final approval.

Mediation can be extremely effective for resolving family legal matters peacefully. For more information or to schedule a time to speak to Hal Wotitzky about the benefits of family mediation, contact him at 941-621 4249.

Hal Wotitzky
www.callthemediator.com

Mediation helps you resolve legal matters more efficiently. It is often used in family law, but it can be appropriate for a variety of different legal matters. The process utilizes a neutral third-party, called the mediator, who works with both sides to try and resolve issues. The use of mediation has become increasingly common, either by choice or per the court’s orders. But despite the popularity of mediation, there is a lot misinformation out there regarding the practice, how it works, and whom it benefits.

Facts about Mediation

Mediation is voluntary, but it is sometimes required by the court. How can it still be voluntary if this is the case? It is the mediation attempt that is required, not the resolution. Some jurisdictions require couples to attempt mediation in their divorce before they directly involve the court in their divorce agreements, but if they are not able to settle matters on their own, litigating their divorce is still an option.

Lawyers are pro-mediation. Though it might seem as if it would benefit lawyers more to take a matter to court, many of them prefer resolving disputes in mediation. This is especially true for divorce lawyers. They know the process is expensive and difficult for a family, so they are more than happy to represent divorcing spouses during mediation instead of battling in the courtroom.

Mediation is more efficient. Mediation makes resolving legal matters more efficient, even if the process requires more hands-on work from those involved in the dispute. In the long-run, mediation is often worth the extra effort parties put into the process, especially since they retain so much control

Fiction about Mediation

Mediation means it will take longer to settle a legal dispute. The opposite is actually true. Mediation might not offer an immediate resolution, but it makes it possible to resolve legal disputes in a matter of weeks, as opposed to months or years. Keep in mind; the disputing parties are, in many ways, in control of how long the process takes. The more willing they are to work efficiently the more likely they can resolve the matter quickly.

Mediation puts a lawyer in control of the outcome, as opposed to a judge. Mediation actually puts you in control of the outcome. Disputing parties work together with guidance from the mediator to resolve the issues at hand. In the courtroom, the judge has final control over the outcome and parties have little to no say over what happens and they must abide by what the judge decrees. In mediation, disputing parties are free to walk away from the process if they are not happy with any of the potential resolutions.

Mediation is not right in every situation, but it is important to understand the process so you can make an informed decision. Understanding mediation also makes it easier for people to enter the process in good faith and open to negotiations when mediation has been required by the court. For more information or to schedule a consultation with Francis Carter to discuss how mediation can help you, contact her at 305-776-9143.

Francis Carter
www.flcarterpa.com/

Intellectual property disputes are far more common than they used to be. They reach into many different industries and no longer only affect large corporations or those in the medical or financial sectors. In this day and age, it is possible for any company to find itself involved in an intellectual property dispute, no matter the size or the industry.

It is possible for a general practice firms to provide some intellectual property services, but your best bet is to work with a lawyer who practices exclusively in the intellectual property arena. He or she would not only have the education and training needed to handle cases such as this, but it might also be possible to call on previous experience to help in defending your rights. Intellectual property cases can be extremely complex and you want to be working with a legal professional who is qualified to help you.

This means that as a business owner, intellectual property disputes might be a stressful part of your work. The outcome of an intellectual property dispute could have a significant effect on your business and your bottom line. It is possible that finding a fair resolution in an intellectual property dispute could require the investment of a significant amount of resources.

But it is important to recognize that protecting your company’s intellectual property assets or defending against an assertion of intellection property rights violation from a competitor is vital in building a successful business. This is why working with an experienced intellectual property lawyer can be so important. They understand the laws, which can be quite complex and they can work to make sure your rights are not violated and that you are not falsely accused of violating anyone else’s rights.

It does not matter if you want to enforce your company’s intellectual property rights or defend against allegations of that you violated another business’s rights, one of the most important decisions you make as a business owner is choosing an intellectual property lawyer who suits your business and the situation in which you find yourself.

When considering an intellectual property lawyer, think about:

• Experience and competence regarding
  intellectual property disputes
• Technical skill and knowledge regarding your
  industry, especially if you are dealing with a patent case
• Whether or not the lawyer has an understanding
  of your company’s specific objectives

Intellectual property cases are some of the most dynamic and interesting ones out there. These cases have involved some of the worlds’ largest companies, including Amazon and Google. There were even intellectual property disputes that brought into question whether Bratz Dolls infringed on Mattel’s Barbie doll intellectual property rights and whether Dan Brown, author of the bestselling Da Vinci Code, infringed on the copyright of Holy Blood, Holy Grail, a non-fiction work that addressed many of the same topics.

Of course, not all intellectual property cases are this exciting or receive this level of public scrutiny. But that does not make them any less important if your business is involved. For more information or to speak to L. Donald
Prutzman about a property dispute, contact him at 212-508-6739.

Donald L. Prutzman
www.prutzmanlaw.live

An appellate lawyer specializes in preparing cases to be heard in appellate court. This means the case has already been to trial, but something occurred during the trial that made the outcome potentially unenforceable because the verdict was unjust.

Because the appellate process is not exactly like typically litigation, appellate lawyers must possess several unique skills in order to present cases in appellate court. Much of the process of working as an appellate lawyer has to do with preparing cases for appellate venue and evaluating the court proceedings that have already occurred. In some cases, appellate attorneys are retained during the initial trial to provide advice and guidance designed to ensure a fair trial. As an appellate attorney, it can be easier to assess the situation as it unfolds, as opposed to analyzing what occurred after the fact throughout documentation and other means.

Appellate cases can be argued in a number of different ways and it is up to the appellate attorney to determine the best strategy.

Some appellate arguments focus on demonstrating that the trial court violated procedure in some way which would invalidate the result. In other cases, the appellate lawyer will suggest that injustice has occurred. Examples of this would include the judge refusing to admit evidence that should have been considered admissible. Cases are determined based on evidence and disallowing evidence will have a major impact on the outcome, so anything admissible should be known by the jury.

Remember, the facts of a case were already determined in trial court, so an appeal is not about contesting the facts, but questioning the process used to arrive at those facts. The goal is to overturn the verdict and obtain a new trial. An appeal does not automatically reverse a decision, it allows for a new decision to be reached in the future based on different circumstances.

Appellate lawyers must have a keen understanding of the law. They are required to review the documentation from a case and understand the facts as presented in the courtroom. Appellate attorneys pick cases apart and look for weak points that could be used to support arguments in appellate court. Appellate lawyers must show judges that a trial was flawed, rather than convince a jury of facts.

Often times, numerous appellate attorneys practice in an area where an appellate court is located, though it is not necessary and you can find appellate attorneys all over the country. If you or your trial attorney believes there is any chance of an appeal, it is a good idea to retain an appellate attorney. It is also possible to get an appeal to an appellate lawyer after a trial. Your trial attorney can help you with this process.

An appeal is not always possible and the services of an appellate lawyer are not always needed, but in many situations it drastically changes the ultimate outcome of a case. If you believe there is any chance your case could be successfully appealed, it is a good idea to speak to an appellate attorney. For more information or to speak to Howard Lederman about an appeal, contact him at 248-639-4696.

Howard Lederman at Lederman Law
www.thewriteattorney.com