Law Advice & Information

Signs That You Have a Wonderful Corporate Litigation Attorney

Murray Stone March 17, 2022 0 Law

Numerous lawyers in Mackay appear to have the same education, expertise, and licensing, but the experiences that various clients have with their attorneys are vastly diverse. So, how can you know whether your lawyer is going to give you superior legal assistance?

1. Your lawyer isn’t overly optimistic about your case’s results.

Regardless of how qualified and experienced a lawyer is, they can not be certain of the outcome of a case. There are so many details and situations that could play a big role as the case progresses, and the structure of our judicial process makes it impossible to predict whether you will succeed or fail and if you do win, how much money you will receive from a given side.

A competent legal practitioner will guarantee you that they will do all that is necessary to actively defend you, but they won’t guarantee the amount you will receive or how prolonged the procedure will take.

2. A smart lawyer should avoid acting like an aggressive marketer.

He should clarify to you in straightforward language what it is you’re signing, why it’s required, and what the implications of signing that paper are. A decent lawyer, for example, will get through your contract agreement with you, phrase by phrase, to understand and recognize the extent and restrictions of the legal assistance you will receive.

A qualified lawyer will also tell you that you have the right to terminate your agreement at any time, seek alternative counsel, and engage a different attorney. An excellent lawyer is patient with his clients and ensures that they know the process. He also does not cause you to feel uncomfortable or as if you are spending his time.

3. A decent attorney can keep in touch with you in such a manner that you experience your case getting the attention it deserves.

A lawyer owes it to their client to interact with him regularly. Clients frequently complain about attorneys who fail to connect with them and do not take calls, e-mails, or letters. Ignorance is a depressing experience in any situation, whether it’s professional, social, or while dealing with a lawyer.

The litigation process is stressful enough, and as the case progresses, a client’s inquiries and concerns must be answered as soon as possible. A professional lawyer will not be “too busy” to answer your calls and will keep you up to date on the progress of your case.

4. A qualified lawyer will counsel you on how to pursue your case, as well as whether it is worth your time, money, energy, and emotions to do so.

Not every dispute is worth waging, and it’s often preferable to walk away for your good, even if the other party gets away and isn’t held accountable. An ethical lawyer would not force you to fight a matter to charge you an hourly fee. He works in his clients’ best interests, not only pursuing their legal rights but also counselling them on whether or not to pursue a lawsuit at all.

5. A smart lawyer will not be too preoccupied with your case to manage it.

A good lawyer will not take on more work than he can do in a timely and professional manner. Because he understands that his reputation and concern for his existing clients’ issues is his priority, a smart attorney will not sacrifice the quality of his services for the mere amount of business.

Finally, Mackay based criminal law experts transcend the clichés of arrogance, avarice, flamboyance, and substance addiction that are frequently associated with the legal profession. You can appreciate working with him because he is warm, charming, and charismatic.

Tips for hiring employment lawyers in Gold Coast

Murray Stone May 22, 2021 0 Law

If you are thinking about hiring employment lawyers in Gold Coast the following tips are going to be helpful. Unfair dismissal is unlawful termination which an employee might undergo either due to discrimination against their age, sexual orientation or race. If an employee believes that they have been wrongfully terminated they have every right to hire an employment lawyer to represent them.

Things to keep in mind when hiring employment lawyers in Gold Coast

The first thing that needs to be done is to find out about the different employment lawyers. The best information can be provided by people who have been involved in similar situations. They can give you first and information regarding their experience with a particular lawyer. It is best to find out about lawyers who specialise in employment law. It should be kept in mind that the employment law is a different genre altogether and there are special courts set up for it. You cannot just go about hiring any lawyer. You need to find somebody whose speciality is employment law.
Once you have a few names on your list it is best to meet up with at least two or three lawyers to get an idea of what you are involving yourself in. When you meet up with the lawyer you would have to provide them with the relevant documents like performance appraisals or office memos. You would even need to provide a typed outline which would explain everything that happened. It is important to keep the summary as short as possible. Also make sure that you provide as much information as you can during the interview.
It is important that you agree on your lawyers strategy. This is only possible after you have a detailed talk with your lawyer to find out about how the plan to go about the case.
Do the necessary research. Before you make a final decision of hiring a lawyer you should have the names of the past clients. You may want to know whether this client was satisfied with the services provided to them.
Now would also be a good time to negotiate the fees. It is important that you both must strike a deal which applies to you. There are some employment lawyers who are willing to provide a free initial consultation while others can charge by the hour. Also the fees charged by the lawyer depends upon the location and the size of the farm. There are certain matters which are handled on contingency basis which means that the lawyer would take a portion of what they are able to recover for their client.

Hiring the right employment lawyer means that the clients do not have to worry about being taken advantage of. They need to have an idea of what they are signing on the contract. An employment lawyer provides the client with legal advice which allows them to get some sort of bargaining power during negotiations. In case if matters are not handled outside the court, it might also become necessary for the unfair dismissal lawyers in Brisbane to make a claim in the court and ensure that the client comes off with a clean slate.

Understanding your solicitors in Coffs Harbour

Murray Stone March 7, 2021 0 Law

If you are considering pursuing a law career, a solicitor is a job title that pertains to that degree. Here are some things to know about what a solicitor is and their responsibilities.

So, what does a solicitor do?

A solicitor is an all-round legal practitioner. They meet all the legal requirements of dealing in matters concerning law. Typically, a solicitor prepares legal documentation and can represent and defend the legal interest of clients. That means that they can provide specialized legal advice in multiple areas and act for individuals, small and large businesses, and national and international organizations.

What’s a solicitor’s specific role?

Ideally, the tasks that solicitors do fall under two categories – Contentious and Non-Contentious.

Contentious issues – These are issues that revolve around resolving disputes between two or more parties. The resolution is typically made at the courtrooms or tribunal settings. In some cases, it is through alternative dispute resolutions. Alternative dispute resolution means mediation or arbitration.

Contentious legal works are mainly called ‘litigious work.’

Non-Contentious – There are lots of non-legal works, called non-litigious work. Such works mainly deal with the personal and business needs to do with legal matters.

Common places where solicitors’ advice is needed include:

Designing and building projects’ processes
Commercial and residential property buying and selling
Purchasing as well as selling companies
Company mergers

Daily, a solicitor will do the following:

Negotiate and draft legal documents and contracts
Accompany clients to legal meetings
Advise and interview clients
Provide commercial and specialized legal advice on the law
Translate complex law points to laymen’s terms for clients

What qualities define a great solicitor?

Going to law school and getting appropriate training is key to being a good solicitor. Keep in mind; there are various law specializations, so you must choose one. Beyond the academic qualifications, you’ll need to master how the legal environment works. You must interpret issues both commercial and legal accurately, and all of these things come from a degree along with real-world experience.

Here are essential qualities you should have if you want to be the most sought-after solicitor:

Passion for the job – The world of law is taxing. Choosing to be a solicitor means long hours filled with research, paperwork, phone calls, and meetings. The topics of which most likely won’t always be pleasant.

Apart from dealing with what is traditionally a “lawyer’s job”, you’ll be required to deal with commercial and scientific matters on top of things to do with the law. As well as find appropriate evidence and make sense of complex legal documents for clients. This type of work, plus the common overlook of a solicitor’s job in the legal field, requires more than a slight interest in the position. It requires dedication.

Keep in mind, being a solicitor is a lifelong commitment to learning. Embracing it positively will lead to a happier and more fulfilled life, translating to better performance.

Excellent Communication Skills are key – Solicitors thrive when they work well with people. Being a solicitor means continually communicating with clients, courts, and other parties involved in the cases. Additionally, you’ll have to master different ways to give and receive information.

Simply put, you should be able to communicate both formally and informally through writing, discussions, phone conversations, and in-person conversations. So, sharpening your communication skills should stand out as one of the most vital skills.

Now, clients should be all over you when they look for solicitors in Coffs Harbour if you have the qualities above.

Reasons Why You Need a Criminal Lawyer

Murray Stone October 14, 2019 0 Law

Criminal lawyers are very important in the lives of people, but most people do not realise this. Apart from being experts in the fields of law, they have so many roles that they play, especially when you have a case charged against you in a court of law. However, you need to be very keen when it comes to selecting criminal lawyers to help you. For this reason, selecting the best criminal lawyers in for your services is always of the essence since you will get the best services that you deserve. Many people think that the criminal lawyers are there to give them services when they have charges against them, but there are other things that the lawyers can help you with when you seek their services. What do criminal lawyers specialise in? The following are some of the reasons as to why you need to get a criminal lawyer for yourself.

The criminal lawyers relieve you of the burden you have.

When you get a criminal lawyer for your case, they will be of much help to you since they will relieve you of the burden of the case that you are having. However, most people think that when they hire a lawyer, they need their cases acquitted immediately, but it is not possible. Once you have hired a criminal lawyer, the lawyer will be in charge of your case, and they will always know how to deal with your case. As you will be running your own business without any case stressing you, the criminal lawyer, on the other hand, will be busy finding a way that the criminal lawyer will use to ensure that you do not lose the case. For this reason, the entire burden that you would be carrying is always relieved from you when you get a criminal lawyer.

The criminal lawyers have mastered the law unlike you.

For the average citizen, mastering the law can be very challenging. However, the criminal lawyers have been to law school and are well versed in the law. For this reason, hiring a criminal lawyer is very important since they have mastered the law and can help you in case you have a case, and you do not know how to go about it. One of the reasons why you need to hire a criminal lawyer is because they have mastered the law. The criminal lawyer can represent you in a court of law when the need arises.

The criminal lawyers can offer you legal advice.

In case you have any legal problem, you will have challenges when you do not get legal advice from the experts. You will need to get legal advice, and the right people to do this kind of job are criminal lawyers. This brings us to the next reason when you need to hire criminal lawyers even when you are not having charges against you in a court of law.

You need a criminal lawyer to file your legal documents.

Most people find it very challenging when it comes to filing their legal documents in courts. The criminal lawyers are essential since they can help you in this kind of work.

The criminal lawyers can represent you in the courts.

At other times when you are very busy, but you have a case in court, you can send the criminal lawyer there on your behalf. This is also a great reason why you need to hire a criminal lawyer.

Commercial Law Firms Melbourne

Murray Stone September 9, 2019 0 Blog

Commercial law firms advise companies and governments on business dealings. Their duties cover an array of legal fields and works related to law. Due to this array and aspects of law, the field has been divided into departments namely – practice areas. Inside a practice area, lawyers are expected to undertake certain roles in their line of the jury.

Transactional lawyers

These are lawyers who draw and review legal documentation that underpin clients’ processes and deals. Their responsibilities involve advising their clients in the best practice possible in closing transactional dealings and will be able to define and defend them in case of lawsuits in the court of law placed against their clients when disputes arise.

Contentious lawyers

These are lawyers who help their clients in dispute resolution with third parties. They advise their clients on the best ways to win a case and define strategies taken by their clients like exhibits and witnesses to ensure they win a case in their favour.

Commercial law firms practice areas

Corporate

Companies of any category must comply with their constitution and the constitution of the land. They should be able to comply with the laws in the companies act applicable to companies across the board. The corporate lawyers include preparing legal documents in the interest of corporate activities and all the transactions like restructuring and acquisitions, and in this case, corporate lawyers act as project managers on behalf of the company. In this capacity, ensure all legal aspects are on schedule and run smoothly.

Finance and banking

Finance lawyers protect their clients against the risks involved in financial deals. For example, bankers risk their money on borrowers who commit themselves to pay back loans lent to them with interest agreed to keep them in business, while the borrowers themselves commit their collaterals if they are not able to service their loans. The finance and banking lawyers will take care of all the legal documents required before funding is granted. They also ensure that all conditions required of a borrower are fulfilled for the funds to be released.

Dispute resolution

These are lawyers who advise their clients on the best routes to take when pursuing a dispute and assist them in legal issues and strategies their clients to win the case. They guide their clients through trials and proceedings to avoid contradictions, which may lead to a conviction. Dispute resolution lawyers also act as arbitrators and mediators on a dispute.

Other law practice areas

A large number of lawyers working in commercial law firms work in finance and banking, corporate and dispute resolution, while there are other departments in law like employment, real estate, tax, etc., where the lawyers in those departments perform specific duties. The lawyers on these smaller departments involve advising their colleagues in their area of operation and ensure all legal aspects of the deals are observed to the latter. They are also tasked with training other lawyers from different departments but under one corporation on the legal implications ensuing from the changes made in the department and how the changes are likely to affect the general laws governing the company. Their duty as lawyers from the small department may overlap with other lawyers’ duties. Therefore, consultation with other lawyers is important to keep the work environment smooth and harmonious.

If you are looking for the leading commercial law firms in Melbourne, you will get them in plenty and with superb services and good customer experience.

The Smart Solution

Murray Stone February 28, 2019 0 Law

Many people don’t consider the services of a private investigator when an issue arises. However, a government certified team of private detectives can be readily available 24/7 throughout Brisbane, Australia, in order to help resolve whatever issue is presented.

Let’s cover some essential tools and strategies employed by private investigators.

Surveillance

Surveillance is a very effective tool in discovering the reality concerning any issue. It transforms any ‘suspicion’ to concrete proof which aids clients in making an informed decision concerning an issue.

Missing Person

A professional team of certified investigators has access to many resources that can help find individuals that in some cases do not wish to be discovered. Private investigators have been known to locate biological mothers, runaway teenagers, ex-lovers, partners, witnesses as well as fleeing business partners.

Discreet Services

The secrecy and discretion of private investigators in Brisbane are unquestionable. They fully comprehend the level of sensitivity involved with certain issues. Personal investigations are done inconspicuously, and the identification of clients is never, ever exposed.

Evidence in a Court of Law

Any evidence or data of relevance collected by private investigators can absolutely be utilised in court. Whether the private investigations attained testimonies, declarations, video footage or photo proof, it can substantially aid in leveraging any legal claim in court.

Certifications

All private investigators in Brisbane, Australia, have to be certified under the Security Providers Act, in order to lawfully carry out investigations. Performing surveillance and/or investigations of any kind without the proper certifications is expressly prohibited.

Employee Watch

Many business owners fear for the well-being of their business when they’re away. There are a variety of methods which can be utilised in order to monitor employee behaviour, such as going undercover as a staff member or posing as a customer.

Divorce and Separation

Whenever dealing with divorce and separation, it is essential to know whether the other partner is disclosing the full nature of their assets. A team of private investigators uses a variety of investigatory methods to uncover the truth. Whether it be economic proof of various hidden assets, they will help claimants get their fair share.

Consulting a Private Investigator

For those in need, it is essential to seek out a private investigator with proven credibility in resolving situations as well as supplying remedies to customers’ demands in a comprehensive, discreet fashion. They utilise the latest technology to carry out sophisticated methods of investigations which minimise any chance of exposure.

Private detectives in Brisbane, Australia, must be government certified. All personal investigative methods are carried out in a lawful, affordable, tactical as well as inconspicuous fashion that will never, ever jeopardise the rights of the client or of any individual involved.

Making a Decision

Private investigators can come in all different shapes and sizes. Male and female agents are at the disposal of the client in order to best serve any investigation. Many of the best private investigators have had extensive experience in related fields such as ex-police, ex-investigators ex-army, etc.

A specialised team of private detectives can certainly offer timely outcomes, in a cost-effective manner. Be sure to verify the strict conformity to governing regulations, is observed by all private investigators in Brisbane. Collaboration with the clients is essential to carry out all tasks in an ethical manner while up keeping the protection of information and of personal privacy.

Tips to Settle Your Slip and Fall Claim

Murray Stone February 22, 2019 0 Tips

People often encounter falls and slips in their normal routines. But, did you know that you can compensate for your fall based on how and where you tripped? Intrigued? Read carefully. There is a certain association with the slip and fall cases termed as premises liability which marks the owner of the property as guilty depending upon the situation that led to the fall. The value of the compensation, however, depends upon certain factors which need to be fulfilled for the victim to gain access to the valued price.

Apart from the necessary precaution to seek legal advice from an experienced compensation lawyers wollongong, here are certain tips to help you settle your slip and fall claim:

Preserving evidence

You may find preserving the clothes you wore while you encountered the slip and fall accident to be mundane. But documenting is an important aspect of winning a legal case. Anything starting from your clothes, shoes, medical records to the subtle details that caused you to fall and injure are all vital in building a good case. All of the evidence and documents need to be preserved to be presented in the court.

Make sure that you document everything whilst you are preserving evidence. Starting from the details of your fall to the exact location where you witnessed the fall require to be properly documented.

Gathering witnesses

It can incredibly advantage your case if you can gather enough witnesses to prove your claim. Courts take witness statements into consideration while determining the result of the case. It is significant that you not only seek all your witnesses but also document their names, contact numbers, statements such that they can be easily accessed when it is the right time.

Keep track of your expenses

Any expenses not documented, are of no value. Keep track of the expenses that you had to suffer from, while dealing with your injuries. All the injuries that you experience during your slip and fall accident, as long as documented, will be useful in the court. This is why keeping all your relevant bills and tracking all the expenses is important for making a concrete case.

Do not be greedy

It may be wondrous to come upon the thought that the unlucky fall that you have been blaming for your serious injury could potentially result for compensation. But the key is to not be greedy. Do not exaggerate about the seriousness of your wounds or your fall for any fraud, if tracked, could build up against you. Your value shall be given to you with full compensation if the factors are fulfilled according to the case. But getting greedy will not get you anything. It is how the saying goes; something is better than nothing.

Reasons for getting legal advice before starting a new business

Murray Stone October 31, 2018 0 Law

If you are setting up a new business you need to get the right legal advice from a solicitor in Gold Coast. There are several things which should be kept in mind when setting up a business from basic start-ups to huge setups all need the right legal knowledge to avoid any pitfalls in the future.

Solicitor can help with legal formalities of starting a business

Sometimes a business has one or more partners working together. Since it’s normal to make different amount of investments, it’s also important to set up boundaries for all the stake holders in the business. Therefore it’s better to set up a structure for your business early on.

You got to know things like proprietorship, general and limited partnerships and corporations. Also the solicitor who you hire would be the one who would represent our business on the legal front. They would advise you on all the filing and paper work which is required when you are about to set up a new business.

Solicitors help you with your tax obligations

As a new business owner you are obligated to pay yearly taxes and hiring a solicitor can help you focus on more important matters of your business while they deal with all tax payments. There are several taxes which you as business owner would have to comply with. These include federal taxes, state taxes and local taxes. The business structure would also have an impact on what kind of tax you must pay.

Help obtain business license

You would also need to obtain business license and permits. Hire a top Gold Coast lawyer to help you obtain these with the least bit of hassle. Obtaining a business license can be tedious if you have no one to help you understand the legal jargon. There are forms to be filed and interviews to be given. This is why it’s so important to hire an attorney to help care for the legal side of your business.

You need to make sure that all the relevant documents are in order. Faulty documentation can lead to confusion and could also land you in legal trouble.

Getting to know your employer requirements

When you are starting a new business you are bound to employ different personals to handle the different aspects of your business. However there are certain laws which pertain to hiring employees and you should have a good idea of those when you are preparing contracts for your newly hired staff. There are certain laws which protect the rights of the people working under you. Plus there are laws which protect your rights as an employer as well. So get to know all those.

Hiring the right solicitors in gold coast to advice you is the best way of going about when starting a new business. If you want to avoid any legal trouble in the future then me sure you hire the right lawyer to help you with legal business advice.

Family Lawyers Sydney

Murray Stone August 14, 2018 0 Law

Which lawyer is best for you

Finding the right lawyer can be pretty challenging. After all nobody looks for a family lawyer during happier times. It’s mostly done out of a stressful situations like a divorce or child custody. You need someone who could guide you correctly through all the legal proceedings and make the process as stress free as possible.

The following are a few basic tips to help you choose the right family lawyer.

Do research both online and offline

If you type in divorce lawyers you would come up with thousands of web pages. Who do you contact? Who would help you get out of a particularly messy situation? Talk to people within our circle. Someone who has undergone a divorce. Maybe you could get referrals from friends or people within your family. Online research involves checking out websites of lawyers you have been referred to. Taking a look at the testimonials about them on the internet. Their web page would provide you ample information regarding their line of work. There are family lawyers who deal in specific issues. While some are solely dedicated to helping mums, there could be lawyers who help fathers going through divorce as well.

Find the right lawyer

The key is to finding the right lawyer. After all it is you who is going to hire the lawyer. Your research must have helped you short list a family lawyer in Sydney or two. Try to get an initial appointment or if it’s not possible a short interview on the phone. The relationship between a lawyers has to be personal and professional as well. When there are things like family law involved the lawyer needs to know quite a few things. Holding back information could only land you in further trouble. Therefore choose a lawyer with whom you are comfortable sharing information. This is why initial meetings are so important. These help you decide whether you are on the same wavelength as the lawyer or not.

Ask for the following information

Once you have planned an initial consultation with the family lawyer, make sure to ask them the following questions. These include

How many years have they been practicing family law? A person solely dedicated to family law would be the right lawyer to help you get through divorce proceedings or child custody.
How many divorce cases have they handled in the past six months or so.
What I their approach. Is it amiable or more cut throat? However, choosing the lawyer with any particular approach usually depends on how intricate your case it. If it’s simple enough, an amiable meeting in the lawyers office would help resolve the issue immediately.
Ask them how they plan to charge you. While some lawyers work at an hourly rate, some believe in asking for a certain amount at the beginning of the case and the rest after all legal proceedings are completed.

Asking the above mentioned questions would help you find the right family lawyer in Sydney.

Finding the Right Law Firm

Murray Stone June 11, 2018 0 Law

The Top Gold Coast Law Firms

Looking for a top law firm in the Gold Coast? You must be wondering how you can find the right firm to help deal with legal issues. It’s simple, just make sure to keep the following things in mind.

Things you should be looking for in a law firm

Always go for a firm which specialises in dealing with your particular business genre. Since businesses typically vary a great deal, choosing a lawyer experienced in your business genre can help simplify matters. There are several top law firms in Gold Coast that can assist you, choose one which would work well for your own business.
They should be able to make matters easier for you. Anyone who is able to explain all the legal language in a way as simple as possible. You don’t want to be left confused just because you don’t understand what’s going on.
Smaller law firm are better for new businesses. They don’t charge as much as bigger law firms and can also provide timely and useful legal advice to avoid any unforeseen problems.
Make sure that the firm you are hiring has lawyers who have a practicing certificate.

Where to look around for the Gold Coast Law Firm

So where do you go around looking for a gold coast law firm? Just keep the following in mind

The local law society would be able to help you. They can help you get in touch with a law firm with specialises in your business genre
You could ask within your business circle as well. They are the best guide to finding the right law firm in Gold Coast. They would be able to direct you towards a firm which can actually ward of legal issues within your business.
Your bank and the people working at the chamber of commerce could help you as well. They would guide you towards specialist solicitors.
They can help you find a firm which is highly professional yet charges a fee which is well within your budget
This is also a good time to know whether the person you hire has the right kind of experience to help your business survive any legal issues.

Make sure you talk to prospective lawyers

Before you hire a particular lawyer in gold coast make sure you at least talk to two or three lawyers working for a number of different firms. This is important because the right corporate lawyer is crucial for your business. Having a talk with them would help you know if you are on the same wavelength as them. Since it’s more of a partnership you need to hire someone who understands you and your business. Also make sure you ask them about how they charge the fee. This is important because you should be aware of how much you have to pay. Are you hiring the lawyer for continuous help or just for a short while? Talk about all these matters beforehand.

Make sure you keep all these things in mind when hiring a corporate lawyer.

Model Day: Criminal Permanence Before the 17th Correctional Chamber

Murray Stone April 25, 2018 0 Blog, Law, Tips

When one is a lawyer at the Seine-Saint-Denis Bar, sometimes one is designated to be a criminal duty.

What does this mean concretely?

9 am: the day begins – the whole team (the coordinating lawyer and several other confreres) is present.

The coordinator is appointed for a certain period in order to manage and organize the permanences (he distributes the day’s files to the other lawyers of the team and manages any difficulties).

Thus, such Lawyer will deal with cases relating to minors, such other cases before the Examining Magistrate and, if necessary, the Judge of Freedoms and Detention etc.

In the same way, some confreres will be in charge of dealing with the immediate appearance files (that is to say those concerning the persons who appear before the Judge immediately after their custody ).

In Bobigny, it is the 17th Chamber which judges these files.

The duty counsel – I should say the lawyers, because given the volume of cases handled every day by the 17th Chamber, the coordinator will generally appoint at least 2 colleagues – will be entrusted from the morning (once the coordinator will have recovered) a certain number of files, whose quantity can vary from 4-5 to ten sometimes.

Between 10 and 11 am: it is up to the lawyer to read conscientiously each file (more or less thick depending on the offense or offenses selected, the number of defendants etc.), to take notes, to look for any nullities procedure (and if they exist to draw conclusions to that effect).

Between 12 and 13 hours: once the Lawyer has read all the files entrusted to him (and as you can see, he has very little time to do so), he will have to go to “filing” of the Tribunal – the location of the defendants who are awaiting trial in the 17th Chamber.

He will be able to see the defendants one after the other to discuss each file, inform them of the existence of possible nullities of procedure which he intends to raise before the Tribunal and organize their defense (very often, the family of the the accused is present at the hearing, which will allow the duty counsel to obtain a number of documents that may be useful to his defense).

How do I know if I need a lawyer and if Some figures on the legal profession

Murray Stone April 25, 2018 0 Blog, Law, Tips

Here is an old case law of the Correctional Court of Boué of 1964, which is self-explanatory.

It has been circulating on the Internet several times in recent years. Apart from its anecdotal character, it allows to put into perspective what has been said about Chadian justice, about the affair of the Ark of Zoe and especially by eminent colleagues (Gilbert, if you read me! ).

GABON – INVOLUNTARY HOMICIDE – HUMAN QUALITY OF THE VICTIM – MAGIC AND WITCH PRACTICES – TRANSFORMATION OF THE VICTIM AT THE MOMENT OF THE FACTS – RELAXATION: Correctional Court of Boué,
April 22, 1964.

The Tribunal,
…….. …

Whereas Biyeke Etienne was summoned to appear before the Tribunal correctionnel de ces, for the prevention of having, in Bisso-Binlam, district of Boué, on September 13, 1963, in any case for less than 3 years, by imprudence, clumsiness, negligence, inattention or non-observance of the regulations, involuntarily caused homicide on the person of Mr. Joseph Akoué;

Whereas it follows from the debates and the file on Biyeke Etienne, on September 13, 1963, went to the hunt in the afternoon; At four o’clock he heard the cries of the monkeys, and posted himself between the great forest and the old plantations from which these cries came, hoping that the monkeys would go from old plantations to the forest. that, realizing that they were moving away from him, Biyeke decided to follow them when, under the foliage, he saw a chimpanzee come to him, as he approached more and more of him shouting, Biyeke saw himself obliged to charge him at the head of a shot; that the chimpanzee fell and made a man cry; that he straightened up as a man and was able to do more than 1,000 meters in the forest while running, when Eloumé Elizabeth, who met him, took him by the hand, that the victim sank and died without saying anything; When called for help, the villagers came and recognized and transported Akoué Joseph’s body to the village;

Whereas at the hearing, the accused maintained that he saw perfectly clearly when he had fired the shot and that he had correctly identified his victim with a chimpanzee, that he did not hunt for the first time, having already captured four since he hunted;

Whereas manslaughter is punishable only if it is a man who has been killed by clumsiness, recklessness or negligence; that in this case Biyeke targeted in broad daylight and fired on a chimpanzee and not on a man; that if the chimpanzee became a man after the shot, Biyeke can no longer be detained in the prevention of manslaughter;

Whereas it is common knowledge in Gabon that men change either in panther, gorilla, elephant, etc., to accomplish exploits, eliminate enemies or attract heavy responsibilities, defend their plantations and ravaging those of neighbors and friends; that it is facts which are unknown to Western law and which the Gabonese judge must take into account, that it is indeed inconceivable to the European spirit that a man can travel more than 400 km in 27 hours on foot, whereas a Bakoto of Makokou and Boue fulfilled it;

Whereas he is not as common as an individual who has been loaded with lead in his head, and after having fallen, gets up and still manages to run more than 1,000 meters in the forest;

Whereas it must still be known that the transformations of men into ferocious animals are still in order not to frighten the game, to seize it, more easily;

Whereas Akoué Joseph, who went hunting without weapons, did not need it since he could take game other than with a weapon;

Whereas if it is necessary to punish the manslaughter of hunting, it is nevertheless necessary to consider the cases and to take action against these magic and witch practices that populate Gabon, especially as regards operations in forest, and which delay enormously the evolution of our people;

Security Retention Bill: Minority Report before the time

Murray Stone April 25, 2018 0 Blog, Law, Tips

In 2002, Steven Spielberg’s film, Minority Report (see here ) , was released on our movie screens. It was taken from the new eponym of Philip K. Dick , a famous science-fiction writer, whose main theme is the manipulation of reality.

As the Wikipedia page on the film (and the book) points out, the main theme of the work is “security ideology through the classic philosophical question of free will versus determinism”.

This is the whole purpose of the Security Detention Bill, which provides for the confinement of persons presumed to be dangerous, even though they have not (yet) committed any wrongdoing.

This bill is a serious challenge to all the principles of criminal responsibility.

Several organizations (unions, associations) have called for signature against this project (see their website here ).

The Constitutional Council has just partially censored it, particularly on its “retroactivity” aspect. It should be remembered that the project is attempting to bring into force retroactively custodial measures.

However, the Penal Code states, in its article 112-1, that “only the facts constituting an offense on the date on which they have been committed shall be punishable.” Only the sentences which are legally applicable on the same date may be pronounced. the new provisions apply to offenses committed before their entry into force and which have not given rise to a sentence which has become res judicata when they are less severe than the old provisions. ”

Without making an exhaustive list of the most interesting interventions available on the Internet, you can usefully read on the question what my colleague Eolas says on his blog here and there or the former Minister of Justice, Robert Badinter, on the site of newspaper, The World .

Most disturbing is the clear desire to circumvent the decision of the Constitutional Council by resorting to the opinion of the President of the Court of Cassation on the question of the immediate applicability of the future text to “presumed dangerous”.