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Commercial Litigation vs. Alternative Dispute Resolution: Which Path Is Right for Your Business?

In the business world, disputes are all but inevitable. When conflicts arise, they can often throw a wrench in your operations, causing both financial and reputational damage. That’s why businesses must understand their options for resolution. Two primary paths exist in resolving these disputes: Commercial Litigation and Alternative Dispute Resolution (ADR). But which one is right for your business?

Commercial litigation is the traditional court-based process wherein a judge or jury decides the outcome of a dispute. On the other hand, ADR is an umbrella term for various dispute resolution methods outside of the court system, including arbitration, mediation, and negotiation.

In this blog post, we’ll delve into commercial litigation and ADR details, discussing the processes, benefits, drawbacks, and types of disputes best suited for each. We will also look at factors that should guide your decision and explore some case studies highlighting when each path may be the best option. 

Commercial Litigation

With the insights garnered, you’ll be in a stronger position to make knowledgeable decisions that safeguard your interests and foster a collaborative business atmosphere. So, let’s start our journey of understanding these two crucial dispute resolution pathways.

Understanding Commercial Litigation

Commercial litigation is where businesses resolve their disputes in a court of law. The process begins with filing a complaint by the plaintiff against the defendant. The defendant then has the chance to respond, and both parties engage in discovery – the procedure for exchanging information relevant to the case. 

Once the facts have been unearthed, the case may move forward to the court proceedings, where a verdict is delivered by a judge or a jury based on the presented evidence.

Typically, commercial litigation handles a wide range of disputes including, but not limited to, breach of contract, business torts, partnership and shareholder disputes, and intellectual property violations. Commercial litigation provides an avenue to seek justice for wrongs done and, when successful, often leads to monetary compensation or enforcement of a contract.

There are several pros and cons associated with commercial litigation. On the plus side, the decision in litigation is binding and enforceable, and the process is public, ensuring transparency. Additionally, the procedure is controlled by established rules and standards, providing a predictable framework within which the dispute is resolved.

However, commercial litigation can also be expensive, often requiring significant investment in legal fees and costs. The process can be time-consuming, sometimes taking years to resolve. It may also result in potential damage to business relationships due to its adversarial nature.

Understanding Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution provides an alternative to traditional litigation, focusing on resolving disputes outside the courtroom. There are several types of ADR, including arbitration, where a neutral third party makes a decision; mediation, where a neutral third party helps both sides agree; and negotiation, where the parties try to settle themselves.

The advantages of ADR include cost-effectiveness and speed. ADR processes are often less expensive and faster than court proceedings. They also allow for preserving business relationships, as they are typically less adversarial and more collaborative.

However, ADR also has its downsides. For example, the process can be less formal, which might make some parties feel that their case needs to be thoroughly examined. Additionally, in some ADR processes, the decision may not be binding unless specified in an agreement. ADR also requires a degree of cooperation between the disputing parties which might only sometimes be achievable.

Factors to Consider in Choosing Between Commercial Litigation and ADR

There are several factors that businesses should consider when choosing between commercial litigation and ADR. Cost is a significant factor, with ADR often less expensive than court proceedings. Time commitment is another consideration; ADR typically resolves disputes more quickly.

The nature of the dispute can also guide the choice. Some disputes, particularly complex ones, may be better suited to the formal procedures of the court. The relationship between parties is another factor – maintaining a positive relationship may be easier with ADR.

The potential impact on business reputation is another consideration. Court proceedings are public, and a negative outcome can harm a company’s reputation. Flexibility in problem-solving can also guide the decision; ADR can often provide more creative solutions to disputes. Lastly, confidentiality concerns may push parties toward ADR, as it is a private process.

Consulting with Legal Professionals

In navigating these choices, consulting with a legal professional is crucial. Morgan Mac Lawyers Brisbane can provide advice based on their knowledge and experience, guiding the …

7 Signs Your Tree Needs to be Removed

As we enjoy the beauty and shade trees provide, it can be easy to overlook the signs that a tree may pose a risk to our property or even our lives. Tree maintenance isn’t always a priority for property owners until a problem has already manifested. 

Recognizing the signs that a tree may need to be removed can save you a lot of trouble in the long run and ensure the safety of your property and the people on it. Here are seven signs your tree might need to be removed:

Structural Instability

Structural instability is one of the most significant signs that a tree needs to be removed. Trees that lean more than 15 degrees from vertical are typically unstable and pose a risk. Similarly, multi-stemmed trees with V-shaped connections can be weaker than those with U-shaped junctions, making them more prone to splitting. You should also look for cracks in the tree trunk or branches, indicating that the tree is under stress and could collapse.

Signs Your Tree Needs to be Removed

Disease or Pest Infestation

Not all diseases and pests can kill a tree, but severe infestations can cause enough damage to necessitate removal. Signs of the disease include discolouration, abnormal growth patterns, fungal growth, and a sudden loss of leaves. Pests might cause visible damage like chewed leaves or wood, or their presence might be evident through increased bird activity. If you suspect a disease or pest issue, contact a professional for an accurate diagnosis and treatment options.

Root Damage

The condition of its roots greatly determines the health of a tree. Visible roots that are cracked, damaged, or decayed may mean your tree is not getting enough nutrients or water. Other signs of root problems could include a sudden lean in the tree, especially after a storm or high winds, or the growth of mushrooms around the base of the tree.

Proximity to Power Lines

Trees growing too close to power lines are a potential hazard. They can cause power outages or fires if branches fall onto the lines or if the tree becomes a pathway for electricity. As a rule of thumb, there should be at least 10 feet of clearance between trees and overhead utility lines. If your tree is growing too close, it may be time to consider its removal.

Proximity to Buildings

Trees that grow too close to your home or other structures can cause damage in various ways. Overhanging branches can break and fall on the roof, and roots can disrupt foundations or block sewer lines. If pruning doesn’t solve the issue, the tree may need to be removed.

Deadwood

Deadwood is a clear sign that a tree is in decline. Dead branches can fall without warning, posing a risk to property and people. If your tree has significant deadwood or if the top of the tree (the crown) is dying back, it could be a sign of more severe internal or root problems.

Tree Age and Species Lifespan

Some tree species have shorter lifespans than others and are prone to problems as they age. If your tree is an older specimen of a short-lived species, it may be nearing the end of its life. Regular maintenance can extend a tree’s life, but there comes a point when removal is the safest option.

Signs Your Tree Needs to be Removed

Recognizing these seven signs can help you make an informed decision about tree removal. It’s important to remember that removing a tree, especially a large one, can be a dangerous task. 

It’s always best to consult with a professional arborist if you need clarification or if removal seems necessary. They can accurately assess the tree’s health and structural stability, suggest the best course of action, and safely remove the tree if needed. Contact branch management Lake Macquarie experts if you are ready to begin.

Prevention is always better than cure; in this case, prevention can save lives and property. So keep an eye on your trees and take action when necessary. After all, it’s not just about preserving nature – it’s also about preserving safety and peace of mind.…

Why You Should Hire a Lawyer for a Tenancy Dispute

If you’re unhappy with your landlord’s behaviour, you may want to hire a tenancy lawyer. There are certain things you should be aware of before hiring one. A good lawyer will be able to assess your case and give you advice on how to proceed. A landlord’s negligence can lead to a legal case, which can be difficult to win. It’s essential to seek legal guidance and to note any red flags.

About Tenancy Law

A good tenancy lawyer will be able to help you understand your rights and obligations when it comes to renting your property. He or she can also help you avoid issues with your landlord by reviewing your lease and tenant screening. A landlord should also learn about the differences between owning and renting a property before entering into a lease agreement. The landlord should also take the advice of an experienced tenancy lawyer if there are any issues with the property.

Many landlords believe that they have fewer rights than their tenants, but the law is on their side. The length and content of your lease with your tenants will determine your legal options. Before renting your property, draft the lease carefully. If problems arise afterwards, consider hiring a tenancy lawyer. Many landlords are afraid of the costs, but a typical attorney bill is significantly less than what most people believe. You can discuss your needs and determine whether a lawyer will be able to help you.

Hiring a Lawyer

Certain conditions must be met before a tenancy lawyer can be hired. A landlord must give the tenant reasonable notice that their rent will be increased. It must also be sent at the same time as the lease renewal. If you are unhappy with your landlord’s rent increase, a tenancy lawyer will be able to help you resolve the situation and protect your rights. Lastly, a tenancy lawyer will help you find a landlord who is fair and tries to keep the rent as low as possible.

Finding the best tenancy lawyer can be difficult. However, you can use local directories to find a verified expert solicitor in your area. It will save you time and money and may even help you get your security deposit back. There are other ways to find the right landlord and tenant solicitor, including using an online directory. However, a trusted tenancy lawyer will be able to help you in every aspect of your situation.

A good tenancy lawyer should have knowledge of local laws regarding the tenancy of residential properties. For instance, in Maryland, landlords must maintain the building or structure in livable conditions. In some cases, they may sublet part of the property. Another way to find a good landlord/tenancy lawyer is to read industry publications. A good lawyer will be analytical and steer you away from unnecessary mistakes. With the help of a landlord and tenant lawyer, you can ensure the safety of your family and property.

tenancy lawyer

Why a Good Lawyer is Important

While hiring a tenancy lawyer can make your life easier, many issues can be resolved by using common sense and checking reputable resources. Local tenant’s rights groups can also be an excellent source of information. Links to tenant unions, fair housing groups, and rent control boards are also available. Legal aid organizations in every state are useful resources even if you don’t qualify for legal assistance.

Choosing a tenancy lawyer is vital in many situations. The laws are very detailed for residential and retail properties. A tenancy lawyer can help you navigate this complex legal field and protect your rights. A tenancy lawyer will help you determine what you can and cannot do under the circumstances. A tenancy lawyer can also help you resolve rent disputes, illegal subletting, and eviction. Tenancy lawyers are often involved in housing unit permits as well.

It’s important to understand how landlords are required to handle a breach of a tenant’s rights. While landlords may be reluctant to negotiate a breach of a tenant’s right to quiet enjoyment, a landlord’s failure to comply with the law is a defence in a court of law. The tenant can also use the landlord’s failure to pay rent as a defence. In these cases, a landlord’s lack of compliance with a tenant’s rights can lead to a lawsuit.…

Law Degree Requirements and Law Degree Employability

A law degree is a path to a successful career. It provides students with valuable skills to help them excel in business, politics, and other fields. Depending on the student’s area of interest, a law degree can lead to many different career options. Here are some of the most common options after you finish your degree. In addition to law firms, many employers also look for candidates who have a passion for the subject. These employers will also pay special attention to the individual student’s preferences and interests.

A law degree requires that a student have two A levels, though popular degrees may require three. Entry requirements range from BCC to AAA. The most common entry requirement is ABB, although you should be aware that some universities will not accept PE, art, photography, dance, or maths. Be sure to check before you apply that your chosen program requires a minimum number of A levels. A law degree can also lead to a professional job in a non-profit organization.

Career Opportunities

If you are looking for a career in the legal field, you can choose from a variety of careers. Jobs outside the legal world include human resources, advocacy, recruitment, journalism, accounting, politics, management consulting, wealth management, and investment banking. You can also become a police prosecutor or judge’s associate. You will also need good writing skills to excel in these positions. You can also take a post-graduate law degree and become a research assistant.

While most law programs are designed for aspiring lawyers, some specialize in academic research. A PhD in law (also known as Doctor of Laws) or Doctor of Juridical Science (DJ) is also available. There are also intensive two-year courses and vocational programs. These options are ideal for those who are considering a career in law. But you should not go for this option just yet. A law degree is not for everyone. It’s important to choose a program that best suits your needs.

Graduates of legal studies degree programs typically pursue careers in law-related fields, including business, human resources, regulatory agencies, social work, and government service. Having a solid background in legal studies will allow you to advance your career in these fields. For example, you could work as a legal assistant, who connects people to lawyers and helps them get their cases heard. You may also become a paralegal or legal assistant, which are both great options for people who are passionate about helping people.

law degree

Obtaining a Juris Doctor Degree

The Doctor of Juridical Science is considered to be the highest degree in the law field. This doctoral degree requires two years of full-time study and research. S.J.D. students usually complete a dissertation before getting their doctorate. Applicants should also have at least a JD or LLM degree. A personal statement, a resume, letters of recommendation, and an interview are necessary for admission. Applicants are required to submit a personal statement, a research proposal, and a personal interview to determine whether they are a good fit for the program.

After completing a Juris Doctor, law students may pursue a Master of Laws degree. Unlike the Juris Doctor, a Master of Laws degree is similar to a specialization in a particular area of law. It usually requires one year of study and may involve substantial research, writing, and participation in seminars. This degree is supplemental to a JD program and may be completed faster than one might otherwise. If one is interested in a career in law, a Master’s degree will be useful in some situations.

Obtaining a Juris Doctor degree is considered the foundational law degree for aspiring attorneys. It is required for sitting the bar exam in the U.S. and Canada. A Juris Doctor degree typically lasts three years and prepares students for a wide variety of legal careers. The University of Dayton, for example, offers a hybrid J.D. program approved by the ABA. The program is also offered online. And many schools offer a hybrid version of a Juris Doctor degree, which can be completed at a time that works for the student.

When choosing a law degree, it’s important to consider the specific skills you’ll need to succeed. The Juris Doctor prepares students for the bar exam, while a Master of Dispute Resolution or Master of Law Studies provides the skills and knowledge needed for more contemporary practice. However, a Juris Doctor should be chosen only after considering the specific skills you’ll …

Volunteering at Law Firms and Law Centres

One of the most important things a law school will look for when considering your application is whether you have a passion for helping others through law volunteering. Law volunteering will also allow you to contribute your research skills, a key skill in the legal profession. However, law schools don’t always have the time to recruit volunteers, so they look for other ways to help their students get the most out of their time.

Another great way to gain valuable experience in the legal field is to volunteer for a district attorney’s office. In many cases, you can become an intern in a division of the office that specializes in a particular field. Some of the divisions you can volunteer within a district attorney’s office are Family Protection, Victim Assistance, Cold Case, and Special Operations. These internships can be very useful to those studying law because they will gain experience working with legal cases and political jargon.

If you’d like to volunteer your time as a lawyer, you can become a volunteer for a nonprofit organization. VOLS recruits over a thousand lawyers to help the underserved. You can even learn more about the field by reading the organization’s website. You can also find out about current volunteer opportunities and sign up online. You can also complete a Demographic Survey. VOLS will match you with an organization that best fits your skills.

What Volunteers Do

Volunteers are needed for a wide variety of legal needs. For example, if you want to help immigrants, you can help them file their immigration applications. Forensic accountants are often needed to find hidden sources of income, and paralegals can assist attorneys working with clients in other languages. The volunteer organization’s work is often critical to the success of these causes. And as they say, the law is in the service of helping people, so don’t forget to volunteer.

law volunteering

You can also receive financial assistance from the law organization you volunteer with. This can include funds for travel and nutrition expenses. Volunteer organizations may also take part in advisory or coordination bodies. Local governments and state bodies will be able to legally solicit volunteers for certain projects, and you may even get a promotion if your work is recognized. And you might even win prizes! And this is just the beginning. You’ll be surprised by the benefits of volunteering!

Volunteers in Human Rights First can help refugees win asylum in the United States. The organization also publishes a book that explains the Convention in-depth, and the reasons why the States have not yet ratified it. You’ll also learn about basic human rights, including freedom of speech, privacy, life, and a decent standard of living. Human Rights First volunteers fight injustices and help refugees gain asylum in the United States. If you’re a law student, you might want to consider volunteering as a way to meet these needs.

Benefits for Your Career

Volunteers in criminal law can apply for a public defender office position. Depending on the state, the public defender’s office’s volunteer work varies, but generally, volunteers will assist in trial preparation, legal research, investigation, witness preparation, and pretrial motions. Volunteers are also trained in trial preparation and motion hearings. Applicants must be 55 years of age and have ten years of experience. In addition to this, they are also exempt from paying the biennial registration fee.

Students who volunteer in the field of law can receive course credit, or be paid a monetary stipend. If you have a degree from a law school, volunteer work can qualify as a public interest fellowship. For more information, contact the law school where you plan to attend. The more experience you gain, the more valuable your legal education will be. Just remember to do your research and stay informed! Your education and future depend on it.…

How to Find a Good Lawyer

If you have a legal problem and you are not sure who to turn to, start by asking for recommendations. Friends and family members often have lawyers that they highly recommend, and you can trust their judgment. Before you start looking for a lawyer, make sure you’ve laid out your needs in advance. Also, make sure you pay attention to personal chemistry. You want to work with a lawyer who shares your values and has a good rapport with you.

Ask Questions

Next, call around to different law firms and ask questions. Ask if they can set up a free initial consultation and if they can give you legal advice on your case at your first meeting. It’s best to specify that you are simply looking for legal advice and not an attorney’s “hire-me-now” pitch, so don’t waste your time. You may also need to talk to other parties that might be involved in your case.

Then, ask how the lawyer’s availability is determined. Some lawyers take vacations or do not answer phones after hours. Others have legal assistants who answer calls during non-business hours. You should also ask if the lawyer can travel to you, as some may charge you for the time they spend travelling to and from their office. Ultimately, it’s best to choose a lawyer who lives in the same area as you.

Finally, you can always ask the attorney how to communicate with them. If the attorney only responds to emails, then you should look for another attorney. If they’re slow to respond to your phone calls or text messages, you should look elsewhere. Otherwise, you may be risking losing your child custody case and wasting valuable time negotiating with the other side. Then, you may want to try hiring an attorney who responds within 24 hours.

Hiring a Lawyer

There are many ways to find a lawyer in your local area. The best way is to browse and search for lawyers on the Internet. You can get a customized list of attorneys in your area. You can also type in the attorney’s name and city to narrow down your search. 

find a lawyer

A great way to find a lawyer is to use your local courthouse. Many court administrators realize that cases move more smoothly if a lawyer is involved. So, they pair you up with a lawyer who will represent your interests. Alternatively, you can turn to some religious organizations. A local bar association may also offer a referral service. If you have a specific legal issue, you can also contact your local courthouse and ask for referrals.

When you hire a lawyer, ask about fees. Many lawyers will require a consultation fee. Ask about this before hiring them, and make sure you’re comfortable with this fee structure. Generally, fees for court consultations are based on the hour, not the day. If the lawyer estimates the number of hours it will take to complete the case, then you can proceed accordingly. Moreover, a good lawyer will tell you how many hours he or she will need to complete your case.

Legal Aid

Legal aid agencies may not help with all types of cases, but they can help with many. Generally, they help with immigration, family law, and public benefits. They don’t typically help with car accidents, though some may be able to help you with small claims. So, try to find a lawyer in your area before contacting your attorney. This is the best way to get a lawyer that can help you with your case.

If you’re facing legal issues, a lawyer is your best ally. You can seek advice and guidance from a lawyer on legal matters and determine whether you need legal assistance. Additionally, a lawyer can represent you in court and help you present your case effectively to the opposing party. Whether you’re facing a civil or criminal case, a lawyer will protect your rights and interests and work to resolve your legal problem in the best way possible.…

Family Law Experts

A wide range of expertise is required in the practice of family law, and that knowledge can be found in a variety of experts. From private investigators to clinical social workers, these experts can help the court in a variety of functions, including child custody and visitation disputes.

About Family Law and Lawyers

A family law expert can provide legal advice and testify on any matter related to family law, including property division, spousal support, and child custody. These professionals may also assist couples in drafting pre-nuptial agreements and provide legal guidance on shared properties, investments, income, and businesses. Lastly, they may evaluate the value of a business or real estate after a divorce. To determine whether an expert is needed, review the list of family law specialists below.

The most important consideration when choosing a family law expert is cost. The rate can vary significantly depending on their experience and expertise. However, it can be worth the extra cost if they can provide you with quality legal counsel and peace of mind. If you can afford it, an expert in this field could make the difference between a successful outcome for you and your family. It is also essential to know that a family law attorney has experience with the specific types of cases in which they practice.

A family law expert can help you navigate the complicated process of divorce and determine your legal rights. They can help you settle your case through mediation or provide excellent representation in court. He will also seek solutions to help you move forward with your life. Even if you have to hire an expensive family law attorney, you’ll still be able to afford quality legal services. You’ll be glad you did. There is no reason to hire someone who doesn’t understand family law.

Expert witnesses in family law cases can also include physicians and nurses. These experts have specific expertise in child custody and visitation. They can help the court determine what type of custody and visitation would be best for your child and the adult. These experts can also help you assess the level of abuse or neglect that a parent has inflicted upon the child. And, because they’re professionals, they know how to make an accurate assessment of the circumstances of a particular case.

family law experts

Hiring a Lawyer

Because family law cases often have complex dynamics, the skills needed to handle them are different from those of labour and tax cases. Despite these differences, all lawyers are expected to have high levels of communication and reasoning skills. A family law expert’s skill set is much broader and more specialized than a lawyer’s expertise in a different area of law. In addition to these differences, a family law expert must balance compassion and objectivity.

Another important aspect of hiring a family law expert is their ability to work with mediators. A mediator is a neutral attorney who can answer legal questions and guide you through procedural steps. In mediation, both parties have control over the terms of the agreement but can use additional expert witness testimony to help reach an agreement. In addition to assisting in the mediation process, a family law expert can also help with the valuation and division of assets, as well as child custody issues.

One of the most important aspects of a family law expert is their ability to make the case more favourable for their client. A family lawyer is qualified to assist you in many areas of law, from adoption to divorce from paternity. They will represent you in court and can help you negotiate with other parties who will help you settle. If you are considering hiring a family law expert, be sure to read the following advice:…

6 Tips For Young Lawyers

There are many tips for lawyers, but few are as important as determining what areas of law interest your audience. There are several ways to attract new clients, including creating content for your website, promoting yourself in your community, and meeting with current clients. The most successful lawyers attend public events with a giving mindset. They do not take every opportunity that presents itself. By focusing on these six areas, lawyers will maximize the chances of attracting new clients.

One of the most common mistakes young lawyers make is stringing concepts together. While the majority of readers are likely to appreciate the content of a document, many associates become defensive and throw their hands in the air. Whether the lawyer uses the red pen or not, handling criticism can be as important as writing well. To handle criticism better, it’s important to differentiate between stylistic and idiosyncratic changes. In addition, keep a running list of substantive changes.

  • Learn as much as you can about your field before entering the legal profession. Experience is invaluable in this field. Becoming knowledgeable about the latest legal news is a must. Keeping abreast of new cases will help you understand their impact on your field. Learn as much as you can about each type of case and develop your legal research and communication skills. Taking on the responsibility of being a lawyer is a difficult task, but it is well worth the effort. Listed below are some tips to help you succeed in law school and make a name for yourself.
  • Learn how to manage your time well. Lawyers need to be able to manage their time well. Effective time management will help you avoid wasting energy and keep clients happy. In addition to learning to manage your time effectively, you can also learn to observe other people’s body language, which is very important in a legal career. So, practice good observation skills and learn how to manage your time effectively. This will help you become a more successful lawyer and generate more income.
  • Avoid excessive social media usage. While social media is convenient, it can distract you from your work. For this reason, lawyers should refrain from using social media during work hours. Stay organized by keeping their schedules organized. This way, they won’t miss important tasks and won’t get confused about what to do next. These tips are basic hygiene for lawyers. These will help you enjoy your life and work more efficiently. The stress of being a lawyer can lead to burnout, so follow these tips to keep your mental health healthy.
tips for lawyers
  • Adapt to the language of your clients. If you’re travelling outside of your area, add an extra day to your trip and make sure to network with local lawyers and other professionals. Reach out to your LinkedIn and Twitter connections, and send a general social media request. Getting to know other lawyers in the area will help you build referral relationships. In addition to networking, it also gives you a unique perspective on the legal practice of another jurisdiction.
  • Avoid lying to your client. A good lawyer will always put his clients’ needs first. Even if a lawyer specializes in a particular area of law, he or she has won a similar case before. A good lawyer should be willing to share all of their experience in fighting similar cases. If you’re not comfortable with the lawyer’s advice, you should find another lawyer. It’s better to be safe than sorry.
  • Identify the right personality. A good lawyer will have a personality that is compatible with yours. A good personality will help you build a good working relationship. Whether you feel the lawyer cares about you or not, you’ll need to trust their judgment and be comfortable with his or her manner. A lawyer should be able to work with you without being a hindrance. If you’re not a people person, you’ll need to find someone who can make your life easier.

Lastly, word of mouth is a good way to find clients. If people who have worked with a lawyer before are happy with them, chances are that the firm offers excellent customer service and competent staff. And if they have happy clients, it’s more likely that you’ll be satisfied with their services as well.…

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Legal blogs also provide excellent lead generation opportunities for lawyers. By sharing accurate legal information, attorneys can attract more clients. Many law blogs also... more