American Civil Justice System and “Tort Reform”

People talk about “ambulance chasers” and attorneys earning “easy money” by filing frivolous lawsuits.  These statements are based on a gross misconception of 1) how the American civil justice system actually works and 2) how difficult it is to prevail even in a case with a legitimate claim.

American civil justice system is adversarial, meaning that both sides have an opportunity to present evidence in support of their positions.  If a plaintiff has a  “frivolous” claim, in most situations, the case will not even make it in front of a jury.  In fact, plaintiffs’ attorneys weed out most, if not all, of the non-meritorious claims because they are paid on a contingency-basis (no recovery, no fee).  Thus, why would any rational attorney spend his or her money, time, and energy on a “frivolous” case when he or she knows, upfront, that if there is no recovery, there is no attorney’s fee?

In addition, the burden of proof is on the plaintiff.  The defense only has to create doubt, point out weaknesses and or inconsistencies – which is not very hard to do given the fact that most of the evidence is presented by live witness testimony and as many studies have shown, human beings are prone to err when it comes to recollecting an event accurately, especially if the incident happened several years ago.

The truth is that there are many more plaintiffs with legitimate claims who are not compensated than a plaintiff who wins a jury verdict jackpot with a frivolous lawsuit.  Next time you hear someone mention “ambulance chasers” or “Tort  Reform,” ask that person how many times he or she has personally tried and won a jury verdict on a frivolous case.  You can bet that the answer is a big, fat, ZERO.

Feel free to comment on this blog or call Seeley Legal Services for an in-depth discussion.

Tel: 612-379-2440

Landlord/Tenant Issues

There can be many headaches with being a tenant or a landlord in Minnesota. Disputes can arise regarding the amount of rent owed, when it must be paid, and how; issues regarding security deposit, maintenance of the unit and or complex, and who is responsible for what kind of repair, etc.

Although the situation may appear to be simple at first, it can get out of control very quickly especially given the state of our economy.  You don’t have to go through this alone.  Call now for a free, 30 minute initial consultation.  An experienced MN Real Estate Attorney will sit down with you and answer any questions you may have.  Armed with knowledge, you can then proceed with confidence and get your life back.

Tel: 612-379-2440

Getting a Divorce in Minnesota

A marriage that is not working can produce tremendous amount of tension, stress, and unhappiness for all involved.  You may be considering a divorce for a number of reasons including financial difficulties, infidelity of your spouse, or other “irreconcilable” differences . . .

What are the legal implications of getting a divorce in Minnesota?  What relevant MN Family Laws do you need to be aware of?  Would it be prudent for you to go through a divorce in MN without the help of an experienced MN Divorce Lawyer?

You may have lots of questions.  We are here to answer them.  Contact Seeley Legal Services today.

Your 30 minute, initial consultation is free.  Tel: 612-379-2440

 

Estate Planning

Nobody wants to think about dying.  However, it is a fact of life and when a person dies, his or her assets will be distributed according to applicable laws.

Without careful estate planning, assets you have worked so hard to earn your whole life may be distributed to individuals or entities (for example, the government) you did not want to include.

Wouldn’t you rather ensure that your assets go to your children, grandchildren, or charities of your choice?  Shouldn’t it be your choice?  After all, they are your assets.

Call 612-379-2440 for a free, 30 minute initial consultation.

Experienced MN Estate Planning attorney, William Seeley, is ready to serve you.

Business Owner’s Best Friend

Running a business can be one of the most challenging tasks in life.  In addition to dealing with the fallout from the Great Recession, there are a number of issues that must be addressed: marketing, payroll, keeping expenses low, and maintaining good relationships with your clients, suppliers/buyers, and colleagues.

On top of all this, you must also meet the huge challenge of successfully navtigating the complex legal and regulatory landscape.  What is the most optimal business structure for your organzation?  What licenses/permits do you need for operation of your business?  How do you hire and or fire an employee without running afoul of the law?  What about overtime, vacation, benefits, and paid time off?  If your supplier sues you for breach of contract, what do you do?  Your landlord wants to unreasonably increase rent.  Is there anything you can do to stop him/her?

Having an experienced Minnesota business lawyer on your side can make a big difference.  If you are experincing any kind of legal issue involved in running your business, give us a call.

A 30 minute, initial consultation is free.  Tel: 612-379-2440 

 

Criminal Record Expungement

In these tough economic times, competition for jobs is fierce and you want to give your prospective employer reasons to hire you over your competitors.  However, if you have a criminal record, is there anything you can do?  The answer depends on what crime(s) you have been convicted of and what type of job(s) you are applying for.

In Minnesota, there are hurdles you must go through in order to “expunge” or seal your criminal record.  You have to file a petition and obtain an approval from the court.  Going through this process on your own carries many risks.  That is why you need an experienced Minnesota criminal law attorney on your side.  We will help you fill out all of the necessary forms, gather proper documentation, and make legal and factual arguments on your behalf.

Call us for a free 30 minute consultation and find out how we can help you.

Tel: 612-379-2440

 

 

Dealing with Car Accidents in Minnesota

Dealing with a car accident without a Minnesota personal injury lawyer on your side can be one of the most stressful experiences in your life.  In addition to the physical and emotional trauma, people often must cope with the financial challenges of expensive medical bills and or loss of income from temporary or permanent inability to work as a result of car accident injuries.

Navigating Minnesota’s complex insurance and personal injury laws on your own can be dauting.  That is why you need an experienced Minnesota personal injury lawyer on your side.  Seeley Legal Services has been proudly representing thousdands of car accident victims for decades.  Give us a call and find out what we can do for you.

Your initial, 30 minute consultation is free.  Tel: 612-379-2440