Blog – Ritchie Manning Kautz PLLP

The Role of a Witness In Court

Thu, 23 Jun 2022 01:25:00 GMT

Being called to testify as a witness in trial or deposition in Billing, MT, can be stressful. This month’s question covers:

As a witness, you may worry about saying the wrong thing and hurting a friend or loved one’s case. The timing may also be inconvenient as it interferes with your duties at work or home life. Although most cases are settled before trial, you still may have to appear as a witness during depositions. While each situation is unique, the legal processes and procedures generally remain the same.

Types of Subpoenas

A subpoena is a court-ordered demand for information. It offers attorneys the opportunity to obtain evidence to help their case or disprove the opposition’s case. Individuals who do not comply with the demand may be subject to penalties, such as jail time or fines, making it critical that you do not ignore it. In Montana, there are two types of subpoenas. One is a witness subpoena that requires a person’s presence to testify. In this document, the prosecutor or attorney may list documents that you must bring with you.

The second type of subpoena requires that you produce specific types of subject matter or tangible evidence. These most commonly include documentation related to personal injury, divorce, child custody, or sex offender cases. The information requested can include:

A litigation attorney can issue subpoenas on behalf of the court or by high-level government officials. They can be hand-delivered, emailed, sent by certified mail, or read to you aloud.

Types of A Witness in Court

Prosecutors and defense attorneys study all aspects of a crime. They analyze the evidence and investigate the background of the situation and all facts related to the event. To develop a trial strategy and anticipate problems that could arise during the legal proceedings, both the defense and prosecutor will call witnesses to testify. Under oath, a person must tell the court truthfully what they know about the situation in question. There are three types of witnesses:

Expert Witness

A person with training and specialized skills in a particular area. They testify in their area of expertise, using skills and knowledge to draw conclusions. Expert witnesses can testify in the form of an opinion if their testimony:

The critical difference between an expert witness and other types of witnesses is personal knowledge. Expert evidence must be objective, independent, and unbiased as well as truthful. Regardless of which side a person testifies for, their duty is to the court.

Character Witness

A person who knows the defendant, victim, or other people directly involved in the case is a character witness. They testify on behalf of the person in question regarding their positive or negative reputation in the community and character traits. The court generally prohibits the prosecution from asking character witnesses for their opinion regarding the guilt or innocence of the defendant. A character witness may also testify regarding the good or bad reputation of other witnesses.

Lay Witness

A person who saw certain events and details those events but who may not know the people involved in the case are lay witnesses. Unlike expert witnesses, they do not offer inferences, conclusions, or opinions. In a personal injury case, they can tell the court about a car crash or other type of accident and validate the impact of the injury. They can offer insight into the plaintiff’s change in the ability to enjoy life, comparing the circumstances before and after the accident.

Lay witnesses can also attest to a person’s ability to perform job duties, backing up an expert witness’s testimony. In many cases, a lay witness is a friend, co-worker, boss, or neighbor who knows the plaintiff.

Preparing to Testify

If you are involved in the lawsuit, your attorney can help you prepare for a court appearance or deposition. However, if you are not a party to the lawsuit, contact the lawyer who issued the subpoena. His or her name is on the subpoena. They can provide you with information regarding what to expect from the opposing side and the anticipated length of the trial or deposition. Depending on the circumstances, you may need to make yourself available on a specific day and time or wait on standby until needed.

If the case goes to court, you likely will testify before a judge and possibly a jury. A deposition often takes place in a conference room at an attorney’s office. In either situation, you will testify under oath and answer questions from the attorney representing each party. As a general rule, you must answer all questions you are asked, with the exception of disclosing privileged information.

Tips for Testifying

Before arriving at court or the deposition location, focus on the facts of the case. This can include reviewing what happened at the event in question. Recall the order of events, objects, or other people who were nearby and any further relevant details.

If you are nervous, use breathing techniques or other methods to remain calm. Avoid distractions such as tapping your toes or fingers and chewing gum.

Take your time before answering and speak clearly so that everyone in the room can hear and understand you. A verbal response is needed for all questions, so refrain from nodding or shaking your head. When answering a question, stick to the facts. If you give an estimate, make sure you state that’s what it is.

Even though you have likely prepared in advance for answering questions, don’t try to memorize what you will say. Be yourself and answer the questions using words you would in any other situation. Avoid using jargon if possible and speak simply. Forcing yourself to follow a script can result in sounding unconvincing or less than entirely truthful.

Having An Attorney

If you are a witness in someone else’s trial, the evidence you provide cannot be used against you. Many witnesses testify without their lawyer. However, you have the right to consult with independent counsel. In situations where the legal proceedings are against an employer or relate to claims against you, having an attorney can give you peace of mind.

Although it’s entirely within your legal rights to speak to your attorney, discussing the case with anyone else is prohibited. If you are waiting for your turn to testify in a public area, avoid conversation with family or co-workers where jury members could overhear the discussion.

If you must testify at a trial, contact a courtroom lawyer at RMK Law . Our experienced team of attorneys can help you understand the legal process and prepare to testify, ensuring the process is lawful and that you are protected. Our lawyers are experienced in witness testimony legal matters, so give our law firm a call to discuss your case today .

Featured Image: Jon Schulte/Shutterstock

What Do Employment Attorneys Do?

Thu, 23 Jun 2022 01:14:00 GMT

Whether you are in human resources, management, or work for a business on the front lines, sometimes unexpected events occur that have legal ramifications. Although most employees work “at-will,” there are still unlawful reasons for firing them. However, this is not the only way an employment attorney can benefit both employers and employees. In this article, some of the topics addressed include:

What does an employment attorney do?

There many legal requirements and restrictions that affect the employer-employee relationship. An employment lawyer provides advice to both employers and employees regarding state and federal law violations. They ensure that employers comply with workplace regulations and ensure employees are treated consistently and fairly. Employment attorneys handle a variety of employment disputes such as:

Employment lawyers protect employers and employees in a variety of transactional situations as well. They often draft legal documents, negotiate agreements , and advise management. Depending on the need, they may also research and prepare documents that bring companies together, such as corporate mergers and acquisitions.

How Does an Employment Lawyer Help Employers?

Employment law is incredibly complex, with requirements that can change rapidly. Government agencies and the courts refine their interpretations of state and federal statutes every day. Sometimes it overturns the previous meanings. Lawsuits brought by current and former employees can result in significant damages awarded against the employer. As a result, there are many ways an employment lawyer can help organizations.

Employment Decisions

Sometimes the relationship between an employer and employee should not continue. An employment attorney can provide legal advice before releasing them for performance issues, misconduct, or other issues. Situations that you, as an employer, can benefit from a lawyer’s guidance include:

There are many reasons you can legally release an employee from your employment. However, if they have excessive absences for personal reasons, FMLA or the Americans with Disabilities Act may cover them. You can benefit from the advice of a wrongful firing attorney in these situations. If an employee is in a protected class, they may claim discrimination if you fire them.

If an employee has access to competitive information or high-level trade secrets, a lawyer can help you determine the best way to protect your organization. This can minimize the potential for leaked information.

An attorney can help you minimize the risk of a lawsuit and provide the proper steps to ensure that their employment release is legal.

Employee Classifications

The way you classify your employees can affect a significant portion of your workforce and increase your potential liability. Misclassification can result in your business paying out thousands of dollars in years of unpaid overtime and penalties for multiple employees. An employment attorney can clarify the requirements for independent contractors versus employees and exempt versus non-exempt positions.

Administrative Proceedings

If a current or former employee files a lawsuit, having an employment attorney who already understands your business and processes can help you quickly take action, especially if you have to file a response within a few weeks of receiving notification of the suit. He or she can ensure your rights are protected and preserve evidence that can be used in court.

Employees can initiate an adversarial process, which falls just short of a lawsuit. This can happen if they file a charge of retaliation, discrimination, or other action with the U.S. Equal Employment Opportunity Commission or a similar agency. It can also occur when a former employee appeals the denial of unemployment benefits.

Hiring an employment lawyer before you develop employment policies can help you avoid certain types of conflict and help you protect yourself if a lawsuit arises. If employees want to join a union and negotiate collective bargaining agreements, an organization needs legal representation to help them comply with state and federal statutes relating to the arrangements. The lawyer can also act as the advocate for their interests during negotiations.

How Does an Employment Lawyer Help Employees?

If you believe you were wrongfully terminated from your job or that your employer is not complying with state and federal statutes, an employment attorney may be able to provide the guidance you need and help you understand what is required to take action. While not all employment matters require a lawyer’s expertise, there are several situations in which you can benefit from legal counsel.

Wrongful Termination

If you believe you were wrongly disciplined or your boss mistreated you, a lawyer may be able to help. These situations are challenging to prove. Collecting data and building a solid case is critical. Lawyers experienced with employer disputes understand what steps must be taken and have the resources to gather the expert witnesses, character references, and documentation to create a successful strategy.

Discrimination Claims

Title VII of the Civil Rights Act prohibits workplace discrimination based on color, gender, national origin, national origin, pregnancy, race, or religion. People in these classes are considered protected from unequal treatment. If you experience discrimination in the workplace and are part of a protected class, you can seek punitive and compensatory damages. The requirements for proving discrimination are extensive, and a lawyer familiar with the complexities of the situation may help you mount a successful case.

Toxic Work Environment Investigations

A hostile or toxic work environment can disrupt the rest of your life, negatively impact your health and self-esteem. Studies show it’s among the top causes of death in the United States. The courts consider harassment, including physical touching, improper behavior, harsh language, and physical coercion, indicators of a workplace that violates Title VII. An attorney can help you prove the hostile environment of your workplace and receive appropriate compensation.

An attorney can evaluate your situation and determine if you have a case. During the assessment, he or she considers your financial losses, lost benefits, emotional distress, and potentially punitive damages. Talking with an attorney before lawsuits are filed can save you time and money in the long run. It can also prevent you from taking action that could make a bad situation worse.

Employment Attorneys in Billings, MT

Employment law covers a broad range of issues , from contracts and unfair labor practices from employment policies, arbitration and performance evaluations. The RMK Law team and legal advisors understands how to navigate the complexities of the legal system from both sides of the dispute. Our law firm represents large organizations and individuals, providing practical solutions and managing risk for complex legal matters. Our legal team can guide you through employment issues and conflicts, representing you in court if litigation is unavoidable. Contact our law team today to learn more about our employment law services and how we can help you resolve the situation successfully and lawfully.

The post The Purpose of Hiring an Employment Attorney as Either an Employer or Employee appeared first on Ritchie Manning Kautz PLLP .

The Attorney Client Relationship

Wed, 22 Jun 2022 18:48:00 GMT

If you’re like many Montana residents, you seldom need an attorney. However, when a situation arises that requires legal representation, you may not know what to expect from an attorney, even after you have asked for references and searched the review sites. It’s critical that both you and your attorney have a solid understanding of what the other one expects. This can help you attain the best possible outcome for your case.

What You Can Expect from an Attorney

Whether you are injured in a car crash, need help with your company’s trademark issues , or have a property rights dispute , you may benefit from legal advice. Here are some things you can expect from your attorney.

Consistent Communication

One of the most challenging aspects of a case can be communication. If you aren’t sure about the status of the case or what to expect going forward, you may assume your lawyer isn’t very good. This is not necessarily true. He or she may be doing a great job, case-wise, but it can increase your stress when the communication isn’t there.

When you hire a lawyer, he or she should set expectations by:

You should expect a response to phone or email within a business day, even if they don’t have all the information you want. You should also receive updates regarding the status of your case.

Legal Competence

When you hire a law firm, you expect that they will do a good job. Although the term “good” is subjective. There is no guarantee that your attorney can get the results you want. However, they should not mishandle your issue by failing to file a lawsuit on time. Examples of a competently handled case include:

Many bar associations monitor attorneys and take action against those who violate ethical rules or steal.

Ethical Behavior

The Model Rules of Professional Responsibility developed by the American Bar Association provides the guidelines for a lawyer’s ethical conduct. Each state also has its own set of rules and regulations. The tenets that are particularly relevant to a client include:

Confidentiality

An attorney cannot use confidential information regarding a client for his personal gain. Generally, the only time it can be divulged is with the client’s consent, after receiving full disclosure of the legal consequences. Confidential information can also be revealed if the client has the intent to cause serious injury or death.

Professional Judgement

Professional judgment refers to the process a lawyer uses to make a decision, not the decision itself. It requires knowledge and a deep understanding of the law. Ethically, an attorney cannot take on a client when there is a conflict of interest. He must also refrain from taking a case if he has a financial interest in it, other than the legal fees.

Zealous Representation

A lawyer must act with dedication and commitment on the client’s behalf. This includes pursuing the matter despite the personal inconvenience, opposition, or obstruction. He must work with reasonable diligence, but that does not require pushing for every advantage using offensive tactics. Ethical representation does not include false evidence, perjured testimony, or false statement for his client’s benefit.

What an Attorney Expects from You

To get the most from your attorney, you have to be able to work with him. Here are some of the things your law firm will expect from you.

Honest Communication

Let your attorney know the best way to contact you and be available as much as possible. In some situations, time is of the essence. If you don’t understand what’s going on or have questions, ask. Even if there are facts that you feel are damaging to your case, be honest. He may be able to minimize their impact if he knows about them. By being an active participant in your case, you can help the attorney develop a strong strategy for a substantial settlement or ruling in your favor.

Be Open-Minded

Your attorney may have news you don’t want to hear, or the strategy may seem to take you in a direction you don’t expect. Stay open-minded and work with the lawyer. The law often involves complex maneuvering. Even the smallest detail can help move your case forward in a favorable manner.

Pay Your Bill on Time

Make sure you understand the legal fees and how often you’ll be billed before you get started. Most attorneys do not go into law for the money. They often want to improve the system, ensure individuals’ rights are protected, or enjoy the thrill of a trial. As much as your lawyer may love what he does, it’s also his job, and he works hard to do the job well. In the same way that you likely don’t work for free, either does he. Make sure you pay on time.

Have Realistic Expectations

Your lawyer can’t guarantee the lawful outcome of your case, despite experience and expertise. Litigation is filled with uncertainty, and many things can happen outside of his control. If the unexpected occurs, be receptive. From the first meeting and throughout the legal process, your attorney may have told you what to expect at every phase. Keeping your expectations realistic in regard to your legal matters can help you work with your attorney for the best possible outcome.

An Experienced Montana Law Firm

The attorney-client relationship is a partnership, and each case is unique. Your lawyer will confer with you to determine the issue and work as your advocate . The RMK Law team has more than 40 years of combined experience and has successfully represented a wide range of Montana clients, from individuals and small businesses to Fortune 500 companies. Contact us online or reach out to our law office's lawyers by phone at (406) 601-1400 to schedule an appointment and learn more about our services and how we can provide affordable legal counsel.

Featured Image: REDPIXEL.PL / Shutterstock

The post The Attorney Client Relationship appeared first on Ritchie Manning Kautz PLLP .

How to Find & Hire an Attorney

Wed, 22 Jun 2022 18:34:00 GMT

Hiring an attorney can be intimidating. With so many law firms to choose from, you may worry about going with the wrong one. How do you know if the attorney you hire is the best one for your situation?

Here are some tips and things to consider if you have a legal issue that could benefit from an attorney’s advice.

Choose the Right Expertise

Most lawyers have an area of specialty. If you believe you were wrongfully terminated from your job, you should hire an attorney with labor and employment experience. Insurance companies often lowball claims for car accident injuries. If you want to ensure you get the settlement you deserve, taking your case to a personal injury lawyer is an excellent first step. Before you begin your search for a Labor & Employment Lawyer in Billings MT, make sure you’re looking in the right area.

Learn More About Your Legal Issue

Take some time to understand more about your legal situation. Learning the terms related to your dilemma or issue will help you communicate with the lawyer better and get started handling the problem as soon as possible. Knowing exactly what you need can save time and energy, which can also translate into saving you money.

Research Potential Attorneys

Now that you have an idea about the type of attorney you need and understand some of the terms that apply to your situation, it’s time to search for attorneys that can meet your needs. Start with recommendations from your network, from friends and family to neighbors and co-workers. Most people are more than happy to share their experiences and answer any questions you have. If your network has no recommendations, you can move to online directories, such as the State Bar of Montana and other reputable sites.

Television and radio ads can bring attention to firms you didn’t know about, but don’t rely only on the 30-second spot for full disclosure. Research the attorneys that specialize in the niche related to your circumstances. Read client reviews and make a list of the firms you feel can address the issues you face. Everyone’s experience with their attorney is unique. You will likely see a broad range of opinions. This can help you better understand your needs and which firms you can work with the best.

Interview Potential Firms

Whether it’s a large firm or a small one or two-person practice, the best way to assess the ability of the lawyer is by interviewing them. Most attorneys offer a free initial consultation to evaluate your case. Make a list of questions to ask and make notes during your conversation. Below are some of the most common points addressed by potential clients:

Additional questions to ask include:

When to Hire an Attorney?

Not all legal issues require the assistance of an attorney. You may decide that going to small claims court or addressing a speeding ticket are well within your capabilities. However, the law is complicated. If you were injured on the job, prescribed the wrong medication, are starting a business, or another issue that involves a contract, legal dispute, or challenge, hiring a lawyer is often the right step.

Attorneys know how to challenge evidence, handle deadlines and procedures necessary for filing official documents and have access to expert witnesses you may need on your side. Situations that benefit from legal representation include:

When in doubt, contacting a lawyer and scheduling an initial consultation can provide peace of mind. For example, if you want to set up a trust to ensure the transfer of your assets to the appropriate beneficiaries, an attorney can help with wealth transfer. If you sustain injuries in a car accident due to another driver’s negligence, a personal injury lawyer can help ensure you get the medical care and settlement you need.

Contact RMK Law Firm

The team at Ritchie Manning Kautz PLLP offers the integrated legal services that clients expect from large firms with the personalized attention of a family practice. With over 40 years of experience in a broad range of areas, we offer legal assistance in the courtroom and across the negotiating table. If your case is time-sensitive, do not hesitate to contact us online or call (406) 601-1400 to schedule a consultation with an attorney to discuss your case.

_______

The post How to Find & Hire an Attorney appeared first on Ritchie Manning Kautz PLLP .

4 Things to Consider When Starting a Business

Wed, 22 Jun 2022 18:12:00 GMT

4 Things to Consider When Starting a Business

Starting a business is thrilling and terrifying. If you’re like many small business owners, you might be strapped for cash and want to make sure you make the most of the funds you have. Having legal representation from the beginning can help you navigate the complex processes involved in creating a business, whether you’re solo or have partners, are using your own money, or have investors. The experienced team at RMK Law can offer advice and guidance even before you apply for a business license or sign a lease for office space.

1. Register and Trademark the Company Name

A strong name helps your company sell products and services by encouraging brand recognition. It not only carries your company message, but it can also attract investment capital, making it a valuable asset in and of itself. Once you select a name, your RMK Law business attorney can confirm the business name is available, register with the state, and submit a trademark filing.

When your company name has a Federal trademark, it has protection against another entity using the name and allows you to file a suit for infringement. In some cases, the name may not be eligible for trademark protection unless registered with a distinctive company logo.

2. Choose a Business Structure

A lawyer can help you avoid costly missteps from the moment you decide to be your own boss, starting with which business entity is right for you. Sole proprietorships and general partnerships do not require that you create a formal business entity. In these situations, you and your business are considered the same “person.” If the unexpected happens and a vendor, client, or partner sues the company, you are personally liable.

Choosing a formal business structure offers protection to you and your partners. Personal assets are not directly affected, and liability is limited to what you have invested in the company. The entity type also affects the amount of paperwork routinely required, whether you can take investors and raise money and how much you pay in taxes.

Some of the most common options for entity type include:

Partnerships

Limited liability partnerships and limited partnerships are among the simplest structures for businesses with two or more owners. LLPs limit the liability of each owner, protecting against business debts. Partners are not liable for the actions of the other owners. In a limited partnership, one general partner has unlimited liability, while the other partners have limited liability and often limited control over the business. The general partner must pay self-employment taxes, and profits pass through to personal tax returns.

Limited Liability Company

Take advantage of both the partnership and corporation structure benefits with an LLC. It can protect your personal assets, such as your home, car, and bank accounts, if your business faces lawsuits or bankruptcy. Profits and losses pass through to your income, which helps you avoid corporate taxes. However, you are considered self-employed, so you pay Social Security and Medicare contributions through self-employment taxes.

C or S Corporation

Corporations give owners the most protection from personal liability as they exist independently from the shareholders.

C corporations typically pay taxes when dividends are paid to shareholders on their individual tax returns, and when the company makes a profit.

S corporations allow some losses and profits to pass through to your personal income without paying corporate taxes. Both structures provide the ability to raise investment money, go public, and be sold.

LLC operating agreements and corporate bylaws provide the guidelines by which your business operates, including:

The amount of business risk and goals can help determine which entity is right for you. Once the paperwork is completed, you will also need to get a Tax ID number if you plan to have employees. You also will need an EIN if you file excise or pension tax returns.

3. Obtain Licenses and Permits

Although not all businesses must have a license, both Billings and Missoula typically require one, particularly if you sell liquor, firearms, gasoline, or lottery tickets. The specific license and permits you need depend on the business location and activities. If a federal agency regulates business activities, you’ll need a federal permit or license.

Examples of the various agencies include:

Some licenses and permits must be renewed. Failure to do so could result in fines and related fees. A business attorney can help prepare the documents and operating agreements that meet the needs of your new company.

4. Address Legal Issues

As a small business owner, you have your hands full with developing your products or services, planning sales, and marketing campaigns, and addressing the routine daily details. Your small business will likely need to execute contracts for services and supplies and operational space. Standard agreements between the organization and employees, partners, and investors are also commonly required. It’s essential to get the paperwork right to protect yourself and your company.

When a dispute arises with a partner or another company, an experienced business litigation attorney can help you resolve the issue. If you wait until you’re being sued or require legal representation, it’s already too late for certain types of protection. Some of the most common types of business litigation disputes are:

Montana Business Start-Up Attorneys

In the end, the cost of hiring an attorney to help you avoid legal issues is much less than the fees to get you out of trouble once something has already happened. RMK Law has a broad range of experience handling legal problems that arise in commercial and business transactions. Contact us online or call (406) 601-1400 to talk with an attorney about your concerns.

_______

The post Things to Consider When Starting a Business appeared first on Ritchie Manning Kautz PLLP .

Representing Yourself in Court: Everything You Need to Know

Wed, 22 Jun 2022 18:01:00 GMT

Representing Yourself In Court

Can I Take Care of My Legal Issue Myself?

Not all legal issues require an attorney, but you can benefit from their knowledge, experience, and insight in many situations. Sometimes the best time to consult an attorney is before legal problems arise. Preventive law can help save you time and worry by eliminating problems before they wreak havoc on your life.

There are two broad legal categories.

If you think you need a lawyer, it may be a good idea to contact one to see if they can help.

When You Should Get Legal Advice

Although the law permits individuals to handle their own legal matters and represent themselves in court, most people don’t understand the subtleties and ramifications of particular actions. If you choose self-representation, you can harm your case instead of helping it by going it alone. Here are examples of situations that legal representation is recommended.

When You Don’t Require Lawyers

You can benefit from the advice of an attorney in most legal situations. However, there are a few that do not require it.

Small claims court is a public forum where people can have legal disputes heard. Usually an informal process, a judge listens to both sides tell their side of a civil conflict. These cases often involve small dollar amounts and may include:

Traffic tickets for infractions typically do not require counsel. However, if the offense results in license suspension or skyrocketing insurance rates, you may want to retain a lawyer who specializes in this area. They can often help get the ticket reduced to a non-moving offense. If someone is suing you and you don’t want to contest it, you do not need an attorney. You can plead no contest or allow a summary judgment to be issued against you.

Although you may not require an attorney, asking for advice before moving forward without one can help you avoid unnecessary fines and complications. If you don’t use a lawyer, there are other ways to solve grievances. Some communities have officials whose job is to mediate and resolve minor consumer, employment, or landlord/tenant issues. A private counselor or member of the clergy may help you solve or prevent many family issues that may appear to be legal.

When You Need a Lawyer, Contact RMK Law

The skilled attorneys at RMK Law Firm offer personal attention and expertise in a variety of legal areas , from business and commercial disputes and medical malpractice to product liability, personal injury, and estate litigation. Contact us online or reach out to our law office by phone at (406) 601-1400 to schedule a free consultation. We will review your case and help you determine if hiring a lawyer is right for you.

The post Representing Yourself In Court appeared first on Ritchie Manning Kautz PLLP .

Construction Site Safety

Wed, 22 Jun 2022 17:42:00 GMT

OSHA requires that employers provide work site conditions that are clean and dry and free of known dangers. It is also the employer’s responsibility to provide any appropriate personal protection gear and training about job hazards in a language that workers understand. A construction accident attorney could help you file a worker’s compensation or personal injury claim if you were injured on the job.

Employers can take various precautions, both pre-site and on-site, to keep workers safe and the project on track.

Pre-site Precautions

On-Site Precautions

Construction sites are hazardous, even under the best conditions. Taking steps that decrease the likelihood of accidents can help save time and money on the overall project. Here are some of the most common types of accidents on a worksite and the actions that can make a positive difference in worker safety.

Contact Construction Accident Lawyers

If you were injured due to employer negligence on a worksite, an RMK Law construction accident lawyer can counsel you to help you navigate complex legal procedures . Our team of attorneys are committed to helping injured workers get the compensation they are entitled to for injuries, lost wages, disabilities, and other losses due to their accident. Contact us online or reach out to our laws office by phone at (406) 601-1400 to schedule a consultation to discuss the details of your case and anything you know of that's unlawful with one of our experienced lawyers.
_______

Image Credit: Shutterstock/ Bannafarsai_Stock

The post Construction Site Safety appeared first on Ritchie Manning Kautz PLLP .

How Do Attorneys Set Legal Fees?

Wed, 22 Jun 2022 16:28:00 GMT

Lawyer costs are set and agreed upon by the attorney and client. Whether written or oral, the agreement details the attorney’s tasks, duties, and how much the client will be charged. The factors that help determine an attorney’s fees include:

The Rules of Professional Conduct provides guidelines for setting legal fees in Billings, MT. Its perspective is that the legal profession assists in the administration of justice. It is not a career strictly for making money. However, legal advisors have professional training and expertise that has value. If your attorney has a reputation for specific case types or focuses their practice in a particular legal matter, the fees may be higher than other legal professionals.

The Most Common Fee Structures

Attorneys typically set fees using one or more of the following fee arrangements, depending on the case type and complexity.

Flat Rates

Also known as a fixed-rate business model, law firms that use this fee structure often have a menu of services with pricing. Many law practices feel that clients are more responsive to this arrangement as it provides transparency and allows them to compare their offerings with other firms. Consumers are familiar with flat rates, as most types of purchases use this model, from groceries and clothing to cars and homes.

Understanding what you are paying for can make you feel more confident in the value of the services provided. Although this payment arrangement isn’t practical for extended civil litigation and other complex cases, it does work well when purchasing other types of legal services, such as misdemeanor defenses, guardianships, and estate planning.

Hourly Rates

This is the typical billing arrangement for the legal industry. Some cases may appear straightforward, leading the lawyer to underestimate the time and effort required. In other situations, a flat rate case that usually takes 40 hours may take half that, leaving clients feeling overcharged. Hourly rates are often the best way to ensure the client pays for precisely the services received, but costs can escalate quickly if the case is more complex than initially anticipated.

Contingency Fees

Attorneys often take a case on contingency. Instead of accepting payment upfront or billing for hours worked, the lawyer collects a certain percentage of the funds awarded in the case. This fee structure is typically used in personal injury, medical malpractice, wrongful death, debt collection, and other instances in which the client may receive a financial award. This payment arrangement can be beneficial for both parties.

Cases taken on contingency are generally those with no other objective way to determine if the lawyer has been successful. Fees average around 33%, but it can be more or less, depending on the unique circumstances of each case. This amount is often less than what it would cost if the attorney charged an hourly rate.

Attorneys may use a mixed fee arrangement if there is a triggering event in the case. This ensures the billing method is appropriate for the case, start to finish.

Additional Legal Fees and Expenses

There is more involved in the cost of legal representation than the fee charged by the attorney. The type of case determines what and how much some of these expenses are. The attorney typically passes along the mandatory fees and costs associated with the court , such as:

There may also be additional costs associated with the law firm’s expenses. Depending on how the firm operates, these fees may be listed with the other fees or billed separately. They can include:

Every firm works differently. When in doubt, don’t hesitate to ask about expenses beyond paying the cost of the attorney. If your case is taken on contingency and the suit is not successful, you will still likely have to pay the legal fees and expenses related to the court and law firm.

Retainer Agreements

Books, television, and movies often portray retainer agreements as something used only by people who frequently use an attorney’s services. However, that is far from fact. A retainer agreement specifies that you agree to pay an up-front amount as security for future payments. Your Billings, MT attorney will generally collect the retainer and draw from that at the regular hourly rate. Depending on the case and attorney, this payment ranges between $1,500 and $10,000. The agreements generally apply to cases that use the hourly billing arrangement.

Contracts for Legal Fees

Although a written contract may not be required by law, it can help avoid misunderstandings. The terms of the agreement, provisions of the contract, and other details about the case’s work provide transparency for both sides and evidence if there is a dispute between the attorney and client. You should take the time to review any agreement and ask questions about points you don’t understand. Attorneys should never pressure you to sign an agreement before reading it thoroughly. If this occurs, consider it a red flag.

Tips for Choosing the Right Attorney

Every situation is unique, so the right attorney for you may not necessarily be the right attorney for other people you know. Asking for personal referrals is a good place to start researching attorneys , but checking reviews through online directories can also help you narrow down your choices. Once you have a shortlist of considerations, speaking with them is the best way to understand who may work best with you. At the initial consultation, some questions you may want to ask include:

Communication is key to a good working relationship. If you have preferences regarding how often and the manner in which you communicate, make sure you tell the attorney.

Contact RMK Law Firm in Billings, MT Today

RMK Law offers a broad range of legal services , from the construction business and commercial disputes to lawsuits involving medical malpractice, personal injury, and car accidents. Contact us online or call (406) 601-1400 today to schedule a consultation and learn more about your legal options. If an unlawful act has affected you, let your legal team know.
_______

Image Credit: Shutterstock/ zimmytws

The post How Do Attorneys Set Legal Fees? appeared first on Ritchie Manning Kautz PLLP .

Consumer Protection

Wed, 22 Jun 2022 14:32:00 GMT

What Can Be Done About Defective Products, Fraudulent Advertising, or Unfair Sales Practices?

Companies often create products designed to make consumers’ lives better. Whether it’s efficient new lawn equipment, medical devices that can restart your heart, or automobiles that help minimize injuries in a wreck, consumers believe these products are safe to use. If you were injured due to a product that didn’t perform as advertised or expected, a product dispute attorney at RMK Law in Billings, MT, can help you understand your legal options.

Consumer Protection Laws

Brands consistently vie for the attention and purchasing power of their target audience. Marketing and advertising are powerful tools that go hand in hand to enable this process. Marketing helps define products, determine the need and the best audience for them, and advertising involves developing the message needed to bring products to the audience’s attention. The Consumer Protection Act and various other state and federal consumer protection regulations are designed to protect you from deceptive advertising tactics, regardless of what media delivers the message.

Types of False Advertising

Statutes prohibiting false or fraudulent advertising state that consumers are entitled to know what they are purchasing and everything it entails, including the amount being charged. Companies must comply with these regulations when advertising their products in Billings, MT. There are several types of false or fraudulent advertising:

Companies want to present their products in the best possible light to their current and potential customers. Consumers rely on the information companies provide to make the most informed purchase decision. Unfortunately, when information about a product is false, not only does the consumer feel duped, but it can result in harm, creating product liability issues.

Categories of Product Defects

Some companies rush through development to bring products to market faster, while others may know there may be risks but decide the benefits outweigh them. Both situations can have devastating consequences. Product litigation in Billings, MT, based on defects, requires multiple elements:

Companies can be held accountable for several types of defective products.

Design Defects

Although created per manufacturer specifications, design defects exist when there is an inherent flaw in its design. The defects can make it dangerous to consumers. Unlike a manufacturing defect, all products contain the same danger. Even if it is hazardous in some way doesn’t mean that the supplier or manufacturer is liable for damages. Examples of design defects include:

You must prove that the product is unreasonably dangerous for a design defect case. In some cases, you may have to show a reasonable alternative design that was feasible and not in opposition to the products’ function could have been used instead.

Manufacturing Defects

Among the most common product liability claims, manufacturing defects arise when a problem stems from how a product is manufactured, and it causes an injury. The product has a flaw due to an error in the way it was made, such as a glitch in the equipment that created it. This differs from a design defect in that the flaw may cease when the equipment is corrected. Examples of manufacturing defects include:

In situations where the specifications are appropriate, but the product was not made according to those requirements, you may have grounds for a product liability claim.

Failure to Warn Defects

When you first open packaging that contains a product, you may notice several brightly colored safety warnings, stickers, and labels. Companies are responsible for disclosing the hazards and potential risks that a consumer may not discover through ordinary, recommended use of a product. If a company knows that there is a chance their product may fail in some way, they must be one step ahead of the problem and ensure you are aware of the consequences of a failure. These are often called marketing defects.

Examples of marketing defects include:

Failure to warn or adequately instruct in the use of hazardous products in a way that is not clear to the consumer can have severe consequences. Pharmaceutical products are often involved in these types of cases.

Types of Product Liability

Products that cause harm to consumers often become the subject of product litigation. These cases refer to the company, manufacturer, or seller being held liable for the hazardous product. Claims can be based on negligence, strict liability, or breach of warranty of fitness, depending on the details of the case.

Negligence

When the manufacturer or another party in the supply chain fails to act with reasonable care to ensure a product is developed and produced with the consumers’ safety in mind, they may leave themselves open to a negligence claim. The higher the risk of injury associated with a product, the greater duty of care is owed.

Strict Liability

Montana has some of the country’s strongest consumer protection laws. Under this type of liability, the manufacturer is liable for all damages and injuries caused by defective products deemed unreasonably hazardous. To bring a claim, you don’t need to show that the manufacturer breached the duty of care.

Breach of Warranty

When consumers purchase a product, it guarantees that it will perform in a specific way or meet particular standards. Types of warranties include implied warranty of merchantability, implied warranty of fitness, and express warranty. The Uniform Commercial Code governs the two implied warranties. They both have statements that manufacturers and sellers provide goods that satisfy quality standards and perform as expected.

Establishing a Billings, MT Product Liability Case

If you were injured despite using a product as directed, the type of claim you file depends on your case’s unique circumstances, and several arguments may be effective in swaying the court to rule in your favor. The RMK Law team of attorneys has in-depth knowledge and understanding of the complex personal injury and product liability laws and holding manufacturers responsible for unlawful practices. Contact our law office to schedule a time to go over your case. Our lawyers can assess the situation and determine the best course of action to help you get the maximum compensation for your injuries. You can also reach out to us by calling (406) 601-1400 for a consultation and counsel.

______

Image Credit: Shutterstock/ stoatphoto

Employer Pays For Wrongful Discharge from Employment Lawsuit

Mon, 27 Jan 2020 19:19:00 GMT

Employer Pays For Wrongful Discharge from Employment Lawsuit

As busy professionals, HR Managers have hundreds of pages of paper that cross their desk each week. A recent Montana Supreme Court Case highlights the importance of paying attention when served with a Montana Wrongful Discharge lawsuit and immediately providing a copy of the lawsuit to your Montana labor and employment attorneys . In Frye v. Roseburg Forest Products Company , 2020 MT 10, the Court refused to set aside a default judgment when Roseburg’s HR manager failed to timely respond to legal papers.

Facts of the Case

Jerome Frye worked for Roseburg Forest Products (Roseberg) in Missoula until November of 2018 when Roseburg terminated his employment. Roseburg is a large, multi-state corporation with its headquarters in Oregon. On December 21, 2018, Frye filed a complaint against Roseburg in Montana’s Fourth Judicial District Court in Missoula County , alleging violations of Montana’s Wrongful Discharge from Employment Act . Frye served Roseburg through its Registered Agent, Minta Johnson, at the physical address of Roseburg’s Missoula office on January 4, 2019. The summons directed Roseburg “to file [its] answer and serve a copy thereof on Plaintiff’s attorney within 21 days after service of the summons” and advised, “in case [Roseburg’s] failure to appear or answer, judgment will be taken against [Roseburg] by default, for the relief demanded in the complaint.”

Johnson is a controller at Roseburg’s Missoula facility. She is not an attorney. Johnson sent the summons and complaint to John Mikkelson, who is the Human Resources Manager at the Missoula office. Mikkelson is also not an attorney. Upon receiving the complaint and summons, Mikkelson opened an investigation into Frye’s allegations, reviewed Frye’s work history with Roseburg, and interviewed relevant parties at the Missoula office. Mikkelson determined that Roseburg had very good defenses to Frye’s claims; however, Roseburg did not file an appearance or answer the complaint with the District Court.

The District Court entered default against Roseburg on February 8, 2019. Frye moved for default judgment on March 7, 2019. The court set a hearing for March 21, 2019, and sent courtesy notice of the hearing to Roseburg’s physical address. Roseburg did not appear at the hearing. The court entered default judgment against Roseburg in the amount of $237,659.60. Frye mailed a notice of entry of judgment to Roseburg on April 12, 2019. Counsel for Roseburg entered a notice of appearance and moved to set aside the default judgment on April 19, 2019. The court denied the motion to set aside, and Roseburg appealed the case to the Montana Supreme Court.

No Excusable Neglect To Set Aside the Default

On appeal to the Montana Supreme Court, Roseburg argued that its neglect in answering the complaint was excusable under the circumstances and the default judgment should be set aside. Specifically, it argued that Roseburg did not seriously disregard the judicial process because, although Johnson and Mikkelson failed to appreciate the procedural requirement of filing a response, they reacted to the allegations in earnest by opening an internal investigation into Frye’s employment with the company. Roseburg also maintained that its neglect was excusable because Frye failed to make a reasonable attempt to reach out to it before obtaining a default judgment.

With respect to Roseburg’s argument that Johnson and Mikkelson failed to appreciate the procedural requirement of filing a response, the Court found that both Johnson and Mikkelson were aware of the contents of the summons. The plain language of the summons put both Johnson and Mikkelson – and through them Roseburg – on notice an answer to the allegations were due to the Court within 21 day of receipt of the summons and warned that judgment would be entered if they failed to respond. The Court held that “when a party, aware of the contents of the document served, ignores the command of the summons, there is no excusable neglect.” The Court went on to say, “excusable neglect requires some justification for an error beyond mere carelessness or ignorance of the law on part of the litigant or his attorney.”

Regarding Roseburg’s argument that the internal investigation shows that Roseburg was not ignoring the complaint, the Court held that Roseburg still neglected to follow the legal process and that litigants have an affirmative obligation to monitor litigation. Failure to do so is not excusable neglect that would justify setting aside a default judgment.

The Court also rejected Roseburg’s argument that Frye and his counsel failed to notify them of the default. The Court stated that Frye was under no obligation to provide Roseburg with any further notice after it served the complaint and summons on its registered agent. Concluding there was no excusable neglect, the Court upheld the default judgment in the amount of $237,659.60.

Bottom Line

This case serves as a stark reminder of what can happen when an employer fails to pay attention to Montana Wrongful Discharge lawsuits. When an employer is served with a summons and complaint, they should immediately contact their employment counsel and discuss the matter with them. Failure to do so can result in a significant judgment against the employer without the opportunity to present a defense.

Contact Our Offices Today for More Information

Should you have any questions, please contact Jason Ritchie , at Ritchie Manning Kautz PLLP , Billings, Montana via email at jritchie@rmkfirm.com or telephone at (406) 601-1400 .

The post Employer Pays For Ignoring Montana Wrongful Discharge Lawsuit appeared first on Ritchie Manning Kautz PLLP .

Montana Labor and Employment Law Update

Fri, 17 Jan 2020 00:21:00 GMT

Montana Labor and Employment Law Update

Labor & Employment Update Presentation for the Montana State Bar Association

Jason Ritchie will be presenting the Labor and Employment law update at the 2020 CLE & Ski for the Montana State Bar Association. Included in the update will be a discussion of the recent Montana Board of Personnel Appeals (“BOPA”) new rule that permits the certification of a labor organization as an exclusive collective bargaining representative of employees without an election. Prior to this rule, the BOPA required an election before certifying the union.

New Rule

A union can now be certified without an election if: (1) the number of authorization cards submitted exceeds 50% of the number of employees in the proposed bargaining unit; (2) a counter-petition is not filed within 10 days of the date the board mailed the petition for unit determination to the employer; (3) a petition to intervene is not filed within 10 days of the employer posting notice of the unit determination proceeding.

Election Still Required

An election is still required when at least 30%-50% of the number of employees in the proposed bargaining unit submit authorization cards. Less than 30%, the petition for union certification should be dismissed without an election.

Authorization Card Requirements

In order for the authorization card to be considered, it must meet the following minimum requirements:

Bottom Line for Employment Rules

The new rules make it easier for unions to be certified as the exclusive representative of employees. To learn more about the new rules, give me a call at (406) 413-9229 or join me at the State Bar of Montana CLE & SKI in Big Sky.

The post Montana Labor and Employment Law Update appeared first on Ritchie Manning Kautz PLLP .