Friday, November 23, 2007

Criminal Defense Lawyer - Choosing the Right One

Choosing and employing a criminal defense lawyer early on in any case is the best way to increase one's probability of success in any criminal trial. Many of the more prominent people in society already have a battery of lawyers at their behest that spring into action whenever any legal problem arises.

You may not be one of these high profile people, and you may not have employed an attorney as of yet because a) you do not really have a need for them yet or b) they are, of course, too expensive to just have on hand. But even given this you will have to keep in mind that in the case of an impending criminal trial, choosing and hiring a good lawyer early on is your top priority.
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In fact, the outcome of your entire case may even hinge on whether this single matter alone. If you hire a lawyer early on, there is a chance that, due to his or her timely actions, there will be no need for any case and trial at all. You might just be able to dodge the bullet on time.

Your choice of lawyer can also affect the amount and quality of evidence that is allowable by law to police and investigators. This alone is reason enough to hire good lawyers with good grasp of such kinds of investigation practice. If you have been watching enough trial TV, you will notice that many trials drag on endlessly only to argue whether an evidence is acceptable in the court of law.

This is important because some cases decisions all depend on sometimes just one piece of crucial evidence in a case. If you do not have expert advice this early in the ball game then you might have just lost your case right on the outset.
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Whether or not you are in a bind to find a good criminal defense lawyer, it would be good to keep in mind these pointers on determining a good criminal defense attorney.

1. Lawyer Specialization
Look at the lawyer's background. Does he or she have specialization in criminal defense? Just because on is an attorney does not mean that he or she automatically qualifies as a good criminal defense lawyer.

Lawyers are a lot like doctors. And the legal field is pretty much similar to the medical field. There is a host of specializations and fortes making having one lawyer adept at all close to impossible. And in the same wise that you wouldn't trust a brain operation on a dermatologist, you should stick to a defense crime lawyer when you need such representation in cases.

Also look at past case performance to see if the lawyer is fit to represent you fully in your case. If the lawyer has had experience in cases similar to yours, and has been able to perform well and respectably, then that would be a good thing to look out for.

2. Try Him for the First 30 Minutes
You will probably decide whether the lawyer is worth it during the first 30 minutes of meeting the person. While the first few minutes of meeting will not give you an accurate gauge of the lawyer's services, it will still give you enough information to decide whether the person should represent you at all.
Tip! Look for an Attorney who has a full staff of DUI Defense Specialists: Ask a prospective attorney if he is a one man show, or if he is supported by a highly trained and expert legal team. Ask the lawyer if he has a continuous working relationship with independent laboratories, expert witnesses, toxicologists, and DMV Specialists.

Pay close attention to how the lawyer listens to you during the initial interview. Does the lawyer listen intently paying close attention to details and asking pertinent questions at crucial junctures? Or is the lawyer just blowing by the interview and missing important details?

Look at the lawyer's body language as well; you will be able to find out whether he or she is interested in the case itself. If the lawyer is showing a little boredom at your case, then it would be safe to consider other lawyers for the practice - unless the particular lawyer is a known genius and pulls through even with such demeanor.

However, if you want to play safe, then it would be a good bet to find a lawyer the listens intently, is interested in your case, and is not aloof and overbearing in dealing with you.
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3. Don't Be Afraid to Ask Questions
Do not, at all costs, be afraid to ask questions. Matters such as bills, scope of the case, payment details, and other matters should not be an esoteric exercise. Everything should be transparent and open.

Your lawyer should not tire of explaining and elucidating legal terms and strategies regarding your case. It is your head, after all, that is on the line. The lawyer should cooperate and interact with you on the case.

Conclusion
Good lawyers are not that rare. However, a good lawyer that fits your case and your personality perfectly is. Make sure you have enough time to choose and evaluate those that will represent you in the court of law.

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The Bedside Lawyer

Today's hospital administrator faces a number of challenges including rising costs, labor shortages, increased regulatory requirements and the potential for costly, credibility damaging lawsuits. We live in a litigious time. Disputes are played out in the court system and in the realm of health care, lawsuits can take millions of dollars and years before they are concluded. It is in the best interest of hospitals to do all that is possible to mitigate the risk of litigation. Every hospital will face litigation but there are ways to reduce the opportunity and /or reduce the damages if sued. While in no way a comprehensive list, the following guidelines can help.

Risk management must be facility wide. All Hospitals have Risk Management Departments but risk management cannot be confined to a department to be truly effective. It is not enough to satisfy the requirements of the various governing bodies during times of accreditation. An effective risk management program is embedded into the culture of the hospital. Every employee at every level is in effect a risk manager. Risk management is sometimes viewed as a necessary evil. Hospitals must move beyond doing what is required to adopting a risk adverse culture. This requires active involvement of staff at all levels, continuous monitoring and communication.

Internal Service. Employees that do not feel valued by the organization will not invest in its policies. Studies have shown that employee satisfaction leads to greater productivity and loyalty. Hospitals must make everyone feel like part of the team, physicians, nurses, clerical, every person that works in the hospital must feel like an integral part of the healthcare team. In no other environment is teamwork a life and death matter. More importantly, happy employees treat patients well. Patients that have a positive hospital experience even in the event of a problem are more willing to resolve the dispute without litigation. It is human nature to not wage a hostile battle with someone who has treated you well. Treat your staff well and make them feel valued and patients will receive better care and you will lower your risk of litigation.

Doctor-Patient Relationship. There is a great deal of evidence to support the importance of the impact of the doctor-patient relationship on litigation. This relationship is a significant determinant of the physician's claims experience (Hickson et al., 1997; Levinson et al., 1997; Pontes and Pontes, 1997; Beckman et al., 1994) Hickson et al. found that "high-malpractice" physicians were also likely to be "high-complaint" physicians; meaning in a survey of physicians in one teaching hospital they had the most patient complaints on file. Complaints fell into categories of communication, care and treatment, humaneness, access, environment, and billing. Physicians who have a bad rapport with their patients had a higher incidence of every other type of complaint listed. In other words, patients were more likely to report adverse outcomes or diagnosis problems when the physician was considered rude or communicated poorly.
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Quality management. Quality programs must be more than the program du jour. Just as risk management must be embedded in the hospital culture, there must be a bottom up commitment to quality procedures. Quality when viewed through the lens of "must do" policies and procedures becomes devalued as "one more management program." However, an organization that involves everyone in the quest for quality and the pride that accompanies providing an excellent product or service will be far more effective.
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Infection Control. In the United States more than 1.7 million people will get a drug resistant infection from a hospital. More people die from hospital infections than AIDS and breast cancer combined. Hospital acquired infections is a well documented problem and disturbingly most can be prevented through the implementation of rigorous sanitary and bacterial testing procedures. Infection control needs to be vigorously monitored and should be a vital piece of the overall risk management strategy.

Any risk mitigation strategy will require an organized, rigorous surveillance and management to be effective. Physicians, and hospital staff all play a part in risk management activities but hospital management must make decisions and provide sufficient resources for risk management activities. Staff and physicians should have an active voice in policy and risk events need to be clearly communicated to all. As risk is identified there also needs to be a clear mechanism for correcting or eliminating the risk. The absence of problem-resolution mechanisms in hospitals is a major cause of poor quality and unnecessary risk.

Managing risk will not only reduce the potential for litigation but will provide hospitals with a clear competitive advantage. A hospital that adopts a risk adverse culture will provide better patient care and that translates to success in the highly competitive marketplace of healthcare.
Tip! Look for an Attorney who has a full staff of DUI Defense Specialists: Ask a prospective attorney if he is a one man show, or if he is supported by a highly trained and expert legal team. Ask the lawyer if he has a continuous working relationship with independent laboratories, expert witnesses, toxicologists, and DMV Specialists.

References: Hickson, GB, JW Pichert, Federspiel, Clayton (1997), "Development of an Early Identification and Response Model of Malpractice Prevention", Law and Contemporary Problems, 60/1-2, pp. 7-29