Ensure you receive compensation with HSH Lawyers

If you’ve ever been in an accident, you know how hard it can be to pursue compensation. Those responsible rarely want to accept the blame (certainly not wholly) and even your own insurance company can be frustratingly reluctant to compensate you properly, despite that being their entire job. Sometimes, you simply have no other choice than to either walk away from the situation and forego any chance of getting what you’ve earned or to get a lawyer involved.

 

That’s where HSH Lawyers comes in. With years of experience in the field of personal injury compensation, HSH Lawyers represent thousands of claimants trying to get what they deserve. Unlike other firms, who frequently just add another person trying to wriggle out of their commitments to the equations, Howie, Sacks & Henry actually fight hard for every claimant. Their willingness to take cases to trial is well-known and that reputation itself pays dividends: Just knowing that they may well have a court battle on their hands frequently results in insurance companies backing down and paying out.

 

When it comes to making a car accident claim, getting compensation can be surprisingly complex. Regardless of who was at fault, Ontario law allows anyone injured in a motoring accident to complete a claim and so you may well be entitled to some form of compensation for their injuries, whether from loss of income, diminished future earning capacity, medical and rehab expenses or other attendant expenses such as care or home modifications.

 

Despite this, actually getting compensation isn’t necessarily easy. The no-fault insurance system and the rules surrounding lawsuits can be difficult to understand for the non-expert. Making mistakes in the process can be costly, leading to reductions or a total elimination of the payout you might otherwise have got. Hiring an expert lawyer might, on the face of it, seem like an expensive choice to make, but because making mistakes might cost you so much money, getting legal advice and assistance is more likely to save you money in the long run than it is to cost you.

 

Since Howie, Sacks, & Henry Lawyers are experienced specifically in the field of injury compensation, they can guarantee to guide you through the whole process of successfully pursuing a claim to its fullest extent. Over their twenty-five years in the field, they’ve successfully pursued hundreds of claims for all kinds of auto accidents, from major injuries to minor ones. Whether you’re making a no-fault claim to your insurance company or considering suing the person responsible for your injuries, HSH Lawyers will ensure you get what you deserve.

 

With over twenty-five years in the business, Howie, Sacks and Henry are among the most experienced law firms of any kind in Ontario, so, if you do need an auto accident lawyer with HSH you know you’re getting the best there is. Our initial consultation, where we establish whether or not you have a claim and discuss the specifics of your case is always free, so even if you’re worried about money, you can meet with us without any cost to you.

Informed user (revised, updated definition)  

The hypothetical person upon whom, in the EU, a design must produce an impression different from that produced on the same person by any other design, if that design is to be considered to possess the necessary individual character to be registered (under the Registered Designs Act or the Community designs regulation) or to be protected by Community unregistered design right. In Case T-9/07 Grupo Promer Mon Graphic SA v Office for Harmonisation in the Internal Market [2010] ECR II-0000 the General Court of the European Union held at [62]:

It must be found that the informed user is neither a manufacturer nor a seller of the products in which the designs at issue are intended to be incorporated or to which they are intended to be applied. The informed user is particularly observant and has some awareness of the state of the prior art, that is to say the previous designs relating to the product in question that had been disclosed on the date of filing of the contested design, or, as the case may be, on the date of priority claimed.

In Case T-153/08 Shenzhen Taiden v Office for Harmonisation in the Internal Market [2010] ECR II-0000 the General Court held:

46. With regard to the interpretation of the concept of informed user, the status of “user” implies that the person concerned uses the product in which the design is incorporated, in accordance with the purpose for which that product is intended.
47. The qualifier “informed” suggests in addition that, without being a designer or a technical expert, the user knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include, and, as a result of his interest in the products concerned, shows a relatively high degree of attention when he uses them.
48. However, contrary to what the applicant claims, that factor does not imply that the informed user is able to distinguish, beyond the experience gained by using the product concerned, the aspects of the appearance of the product which are dictated by the product‟s technical function from those which are arbitrary.

In Woodhouse (UK) plc v Aquila Design [2005] ECPCC 25, [2006] RPC 1 the Patents County Court considered who the informed user should be. The case concerned street lamps. The court took the view that the informed user should be a regular user of articles of the sort covered by the design, a customer or user but not a manufacturer of them nor an average man in the street. Being informed, the user would be aware of what is and has recently been in the market. As design law is concerned with appearance not function, the informed user will consider whether it makes a different impression on him by considering only appearance and not technology. Moreover, the comparison was to be carried out with the articles in situ, 8-10 metres above the viewer’s head, notwithstanding that a buyer would inspect them at ground level.

In  Dyson Ltd v Vax Ltd [2011] EWCA Civ 1206 Jacob LJ in the Court of Appeal noted (at para 15):

The important point to note is that the informed user is reasonably discriminatory (“a relatively high degree of attention”): not the same person as the average consumer of trade mark law.

What Is Intellectual Property | Intellectual Property Law Definition

So What Is Intellectual Property? In some case “Intellectual property” is also used to refer to the field of law that handles the legal implications and protections of these monopolies. Copyrights, trademarks, patents, trade secrets, music, art, and literature are all examples of types of intellectual properties. Copyright is a group of rights reserved for the creator of an original work. Trademarks exist as both registered and unregistered legal entities, though enforcement of infringement laws differ depending on the status of the mark in question. “Service mark” is a term used to distinguish a trademark that relates to services instead of products. If you are facing charges for violating intellectual property laws, you may want to seek the advice of an experienced legal counselor.

intellectual property rights definition are by their nature restrictive rights. Rights owners are granted the power to prevent third parties using their intellectual property without their consent

You should first check online or get advice from a colleague who has used a professional intellectual property rights lawyer in the past. A good example is if you have a business you want to protect the name of that business. Protecting your intellectual property is important because other people can profit from your idea. Remember that you need to check your ideas and brand names. It is always good to hire an attorney who specializes in this field of law.

What Is Labor law? | Labor Law Definition

Labor laws vary on a state level but are also dictated by federal laws and decisions made by courts. The Clayton Act also covered labor organizations, such as labor unions, and forbade businesses to prohibit employees from joining unions.

Labor laws were first enacted to protect children, often who were laboring for extremely long hours under harsh conditions. New England passed the first laws governing the use of child labor in 1832. Today’s labor laws are defining the working rights of those who enter our country illegally and what, if any, protection should be granted them and their children.

How many of you have been protected by labor laws without even realizing it?

Your future, or the future of your grandchildren and great grandchildren, may even require new laws governing work under the sea or on in space.

It was not until 1967 that laws were passed that prohibited age discrimination. It was not until 1964 that Congress passed Public Labor Law 82-352 that forbid discrimination based on race, color, religion, sex, national origin, disability, or age. Labor laws are extremely complex and cover discrimination as well as a range of other employee rights. Rights include fair wages based on minimum wage requirements, the right to work regardless of age and the right to be paid overtime wages if you exceed the forty hour work week. The labor laws do not cover vacation time, sick time or other compensated or uncompensated time off, but does cover things like breaks at work including lunch breaks. The study of labor laws is fascinating and impacts every person who works or is seeking work.

You want to feel like the place you work at is safe and having labor laws helps you to be safe. The business that you work for has to conform to these laws so that everybody that works there does so in a safe environment.
There were no laws in place to protect them and going to work could be a scary proposition.
To make you feel safer if there are laws that help make sure that you can be safe at work.

What Is Local Lawyer | Local Lawyer Firm | Law Offices

A local lawyer is a wise choice when it comes to selecting a professional to represent you in your legal matters. It is important that legal issues are handled by a competent pro who knows the law as well as your locale.

Getting legal advice is not always easy so you should take advantage of this type of service. The Bar Association in many states have such a directory that can help you find an attorney you feel comfortable with. There are many people who have law degrees but cannot provide you the service with your specific needs
When searching for someone who can help you with your legal issues you want somebody who is honest and straightforward. Remember that using a local law directory can help you find a good honest lawyer.

Here are some tips on choosing a quality representative in your community

– Laws vary from region to region. Attorneys specialize in a variety of law areas such as criminal law, DUI problems, bankruptcy, divorce, business and real estate.

– Word of mouth referrals are always a great way to gather names of high quality professionals. Check out the office staff, as well, in terms of professionalism, promptness and courtesy.

– Fees might be charged by the case, hourly or on a contingency basis. When it’s time to hire a good local lawyer, get references, find out about their fees, specialties and communication style.

Personal Injury Law: Is it Important?

Most people do not know what their legal rights are so hiring an honest and reliable lawyer is your best option.

Most people also cannot handle negotiating with the company or other party involved so hiring an attorney is your best option. Realistically and most personal injury cases they can be settled out of court. Remember that you never know when you might need a personal injury attorney.

If you’ve been injured due to someone else’s negligence, the first thing you need to do is find a good personal injury law firm that can help you move forward with your case. A good attorney can help you navigate your options and will represent you in a court case.

Don’t just call the first attorney in the phone book, however. One of the most important aspects of finding a good personal injury law firm is to find one that is experienced. Furthermore, you want one that has experience in your particular type of case. Most reputable personal injury law firms offer free initial consultations. Many cities have referral services that are set up to send clients to their list of attorneys.

Loss caused by injury can come in a number of forms such as loss of earnings, loss of the use of a limb, whether permanent or temporary, loss of confidence or self-esteem. Not all injuries are noticed straight away. As soon as you realise you have suffered an injury due to someone else’s negligence, you should contact a personal injury lawyer as soon as possible. When you contact a personal injury lawyer, they will gather as much information from you as possible regarding the incident that caused the injury in order to make a case. When the personal injury lawyer has all the information that is needed, they will then send notice to the defendant regarding the case outlining details of the claim and summons the defendant to respond to the claim within a period of 20 or 30 days.

Personal injury also can occur from a variety of causes. For example- boxing or rugby is comparatively more injury prone sports than golf. As a result the question of personal injury claim may not arise in these circumstances. It is easier to judge bodily injuries due to the presence of injury marks. There can be many causes of sports related injury:-

Faulty sports gear- this can be further divided into design related gear and gears with unintentional manufacturing defects.

As it is obvious certain factors can vary from place to place and from time to time. In case you are injured, visit a Seattle Personal Injury Attorney for your case evaluation.

Business Law: Definition and Description

A business is started not to fail but to succeed. Business law may cover fraud and deceptive practices, contract disputes, refusal of insurance claims, bankruptcy, right of creditor, partnership and corporate disputes. There also specific laws for real estate, oil and gas business and business sales and purchases.

You should seek for legal advice with business lawyers. You don’t necessarily need an attorney who knows every single law, but rather a marketable business lawyer. This business lawyer must be familiarized with business law, and should know what business you’re into. When it comes to the matter of business law let an expert help you know the facts.

Remember that running a business can be a daunting task so when it comes to business law issues leave those to an attorney. You will have enough things to worry about in your company so why burden yourself learning legal issues. You will be happy that you have allowed the next to handle that side of your business.

You should know that a company will be seen as being unable to pay off their debts if the company’s creditors can prove to the court that the company is unable to pay their debts when they become due which is known as cash flow insolvency or if the company is unable to pay its debts and that total value of the company including all its assets is worth less than the debts that they owe and will own in the future. If you own a company which becomes insolvent, it may be put into liquidation.

The process of liquidation involves all the assets tied up in the company being sold off to pay off all the outstanding debts. A Company Voluntary Arrangement is a legal agreement between the business which is insolvent and their creditors.

Before the final negotiation periods are scheduled to take place and the purchase of the business confirmed, it makes business sense to utilize the services of a law firm which specializes in company and business law. The body of law that covers and governs business and commercial transactions is termed commercial law; a branch of the civil law. The law of businesses, or company law, covers companies and other business entities. If you are considering selling an existing business or purchasing a new investment, it is absolutely essential that you consult with an experienced company and business law specialist to ensure your investment is equitable, secure and justified.

WITHHOLDING OF ADJUDICATION SENTENCE MEANS YOU WERE NEVER FOUND GUILTY UNDER FLORIDA LAW  

What does it mean when a Judge withholds adjudication in a criminal case in Florida?
Your favorite Clearwater Criminal Defense Attorney recently asked to provide a letter for a man who told me that he often has difficulty establishing that he’s never been convicted of a crime even though under Florida law he was never found guilty in court.

Here’s what he asked me:

A few years ago I was given a disposition of Adjudication Withheld on a felony criminal case in Tampa Bay, Florida.

Van gogh's portrait of Alexander Reid shows the type of somber man in need of a withholding of adjudication from a Tampa Bay, Florida Judge.
Van Gogh,  Adjudication

Since then I’ve been confronted by prospective employers and even prospective landlords with the public information about my case.

Despite the fact that the information they find on the case clearly indicates that I received an Adjudication Withheld, they seem to believe that I was guilty of a felony.

Could you send me a letter that I can use to establish that I was never convicted of a felony?

How could I say no? This kind of problem often could be avoided if after a case is resolved immediate action is taken to seal or expunge the case. For those cases that can’t be sealed or expunged here’s a portion of the letter which I provided for him that could serve the purposes of anyone in his situation:

Under Florida Statutes Section 948.01(2) an Adjudication Withheld is not a conviction. Florida Judges are vested with authority to grant a Withholding of Adjudication whenever the facts and circumstances of a case establish that there should be no finding of guilt in the case.

When a Florida Judge sentences someone with Adjudication Withheld it literally means the Court does not make a finding of guilt, because the law enables the Judge to “stay or withhold the adjudication of guilt.”

Since there was no finding of guilt, anyone treating the case as though there were a finding of guilt may find themselves subject to civil liability under Florida law.

If that isn’t enough, have them give your favorite Clearwater criminal lawyer a call and I’ll explain it to them or drag them kicking and screaming to this web page.

Why do lawyers use ESQ. and what does it mean?

Although this not a legal question it is one that comes up often so I decided to address it in my blog.

Esquire (abbreviated Esq.) originally was a social rank title above that of mere gentleman, allowed, for example, to the sons of the nobles and the gentry who did not possess any other title. On this basis, a gentleman was designated Mr (‘mister’ before his name), whereas an Esquire was designated ‘Esq.’ (without a nominal prefix) after his name. A very late example of this distinction is in the list of subscribers to The History of Elton, by the Rev. Rose Fuller Whistler, published in 1882, which clearly distinguishes between subscribers designated “Mr” and those designated “Esquire” — of higher social position; though old-fashioned, “Esq.” remains widely used in upper-class circles.

In the United States, there are no native titled gentry or nobility. The suffix “Esq.” has no legal meaning (except in some states), and may, in theory, be adopted by anyone, (given its meaning, any man). In practice, it is used almost exclusively by lawyers (of both sexes), and so it generally may be assumed that, when “Esq.” appears on business cards or stationery, the man or woman so identified is a member of the bar.

That “esquire” may be used to indicate that an individual is a lawyer is a remnant of the British practice, in which barristers claimed the status “Esquire” and solicitors used the term “Gentleman”. In the United States, though a lawyer may choose to specialize in litigation or other types of law, there are no licensing or bar membership distinctions between the equivalent roles of barrister and solicitor.

The Writ of Amparo

THE RULE ON THE WRIT OF AMPARO

SECTION 1. Petition. – The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.

SEC. 2. Who May File. The petition may be filed by the aggrieved party or by any qualified person or entity in the following order:

(a) Any member of the immediate family, namely: the spouse, children and parents of the aggrieved party;
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or
(c) Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. Likewise, the filing of the petition by an authorized party on behalf of the aggrieved party suspends the right of all others, observing the order established herein.

SEC. 3. Where to File. The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines.

When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such court or judge.

When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred.

SEC. 4. No Docket Fees. The petitioner shall be exempted from the payment of the docket and other lawful fees when filing the petition. The court, justice or judge shall docket the petition and act upon it immediately.

SEC. 5. Contents of Petition. The petition shall be signed and verified and shall allege the following:

(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent responsible for the threat, act or omission, or, if the name is unknown or uncertain, the respondent may be described by an assumed appellation;
(c) The right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in supporting affidavits;
(d) The investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any report;
(e) The actions and recourses taken by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission; and
(f) The relief prayed for the petition may include a general prayer for other just and equitable reliefs.

SEC. 6. Issuance of the Writ. Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the writ under the seal of the court; or in case of urgent necessity, the justice or the judge may issue the writ under his or her own hand, and may deputize any officer or person to serve it.
The writ shall also set the date and time for summary hearing of the petition which shall not be later than seven (7) days from the date of its issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. A clerk of court who refuses to issue the writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 8. How the Writ is Served. The writ shall be served upon the respondent by a judicial officer or by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of service. In case the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

SEC. 9. Return Contents. Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following:

(a) The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission;
(b) The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission;
(c) All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party; and
(d) If the respondent is a public official or employee, the return shall further state the actions that have been or will still be taken:
(i) to verify the identity of the aggrieved party;
(ii) to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible;
(iii) to identify witnesses and obtain statements from them concerning the death or disappearance;
(iv) to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance;
(v) to identify and apprehend the person or persons involved in the death or disappearance; and
(vi) to bring the suspected offenders before a competent court.
The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case.

A general denial of the allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. All defenses shall be raised in the return, otherwise, they shall be deemed waived.

SEC. 11. Prohibited Pleadings and Motions. The following pleadings and motions are prohibited:

(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim relief orders; and
(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 12. Effect of Failure to File Return. In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. The hearing on the petition shall be summary. However, the court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties.

The hearing shall be from day to day until completed and given the same priority as petitions for habeas corpus.

SEC. 14. Interim Reliefs. Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order. – The court, justice or judge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.

The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue.
The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge.

(b) Inspection Order. The court, justice or judge, upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon.

The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition.

The movant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated.

The inspection order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons.

(c) Production Order. The court, justice or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant.

The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties.

(d) Witness Protection Order. The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of keeping and securing their safety.

SEC. 15. Availability of Interim Reliefs to Respondent. Upon verified motion of the respondent and after due hearing, the court, justice or judge may issue an inspection order or production order under paragraphs (b) and (c) of the preceding section.

A motion for inspection order under this section shall be supported by affidavits or testimonies of witnesses having personal knowledge of the defenses of the respondent.

SEC. 16. Contempt. The court, justice or judge may order the respondent who refuses to make a return, or who makes a false return, or any person who otherwise disobeys or resists a lawful process or order of the court to be punished for contempt. The contemnor may be imprisoned or imposed a fine.

SEC. 17. Burden of Proof and Standard of Diligence Required. The parties shall establish their claims by substantial evidence. The respondent who is a private individual or entity must prove that ordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty. The respondent who is a public official or employee must prove that extraordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty. The respondent public official or employee cannot invoke the presumption that official duty has been regularly performed to evade responsibility or liability.

SEC. 18. Judgment. The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied.

SEC. 19. Appeal. Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal may raise questions of fact or law or both. The period of appeal shall be five (5) working days from the date of notice of the adverse judgment. The appeal shall be given the same priority as in habeas corpus cases.

SEC. 20. Archiving and Revival of Cases. The court shall not dismiss the petition, but shall archive it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or witnesses to appear due to threats on their lives.

A periodic review of the archived cases shall be made by the amparo court that shall, motu proprio or upon motion by any party, order their revival when ready for further proceedings. The petition shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years from notice to the petitioner of the order archiving the case.

The clerks of court shall submit to the Office of the Court Administrator a consolidated list of archived cases under this Rule not later than the first week of January of every year.

SEC. 21. Institution of Separate Actions. This Rule shall not preclude the filing of separate criminal, civil or administrative actions.

SEC. 22. Effect of Filing of a Criminal Action. When a criminal action has been commenced, no separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo.

SEC. 23. Consolidation. When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of amparo, the latter shall be consolidated with the criminal action. After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition.

SEC. 24. Substantive Rights. This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution.

SEC. 25. Suppletory Application of the Rules of Court. – The Rules of Court shall apply suppletorily insofar as it is not inconsistent with this Rule.

SEC. 26. Applicability to Pending Cases. – This Rule shall govern cases involving extralegal killings and enforced disappearances or threats thereof pending in the trial and appellate courts.

SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007, following its publication in three (3) newspapers of general circulation.

Attorney vs Lawyer Definition

The terms attorney and lawyer are often used interchangeably in the United States. There is very little distinction made between the two. This difficulty to differentiate is a result of the fact that in the United States, unlike in other countries, this distinction is not made. However, a slight one does exist.
Have you ever wonder what the difference is between a lawyer and an attorney? The difference between the two is not usually distinguished in the U.S., although there is a difference. Namely, if you have graduated from law school, you are a lawyer. If you are licensed to practice law, then you may call yourself an attorney.
However, that doesn’t mean you should call yourself either. Steven Lubet, Director of the Fred Bartlit Center for Trial Strategy at Northwestern and author of Lawyers’ Poker was quoted regarding the distinction between lawyers and attorneys. He says:
“…the lawyer/attorney distinction is folklore. The terms are synonymous in American English and you may not hold yourself out as either unless you are admitted to practice somewhere.”
What this amounts to is that even if you graduate from law school, unless you pass the bar exam and are licensed to practice law, you wouldn’t really refer to yourself as a lawyer or an attorney, as doing so would be, for the most part, considered unethical and deceptive. Further, you would be greatly frowned upon by other colleagues in your profession.

What is a Lawyer

Lawyers, by matter of definition, are those who have studied the law and its application. Lawyers are called upon to represent a client in a court of law and advise their clients in legal matters.

What is an Attorney

By definition, an attorney is someone who is licensed to represent a client in the court of law. Attorneys are bound by obligation to act on a client’s behalf and in their best interest. According to Dictionary.com, the word attorney has its orign in the year 1250–1300 and comes from the Middle English Anglo-French attourne, which literally means, “turned to.” In other words, an attorney is one who is turned to.

Differences in Speech and Writing

You may also find that people within the profession may use the words lawyer and attorney interchangeably. In fact, lawyers may refer to themselves as a lawyer, attorney, counselor, barrister, or esquire. Although the latter two are not frequently used., the first three are. There may be other colloquialisms that occur within the profession, such as a judge who refers to a lawyer as a counselor when irritated, or a lawyer referring to themselves as esquire in formal writing.

Additional Resources

Interested in learning more about becoming a lawyer or attorney? Check out our reference guide on how to become a lawyer, or how to become a paralegal, or take a look at some of our online legal degrees to find the right online school and program to match your needs.