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DUI and DUI-other

If you get pulled over by an officer of the law for any reason, and appear to be intoxicated, you will find yourself in a difficult position.  You may think to yourself, “ I knew this would happen.  I only had a couple drinks but I didn’t think I was unable to drive.” Or maybe [..]

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Can I sue for a HIPAA violation?

I have seen many questions about HIPAA privacy violations, usually involving someone disclosing a person’s medications or medical records. The questions almost always ask “can I sue?” The answer is “maybe”. No private cause of action under HIPAA. HIPAA is federal law that imposes very strict requirements on doctors, hospitals, and others who come into [..]

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Civil forfeiture – when the government takes your property

The government may take your property if it is believed to have been used as part of a crime. This means that the property may not just be held for evidence, but may actually be possessed or sold by the law enforcement authority or authorities who made the arrest. This is called civil asset forfeiture, [..]

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Wrongful termination in Mississippi

Very often, when someone is fired from their job, they believe it was “wrongful”. It is important to keep in mind that the term “wrongful” has a specific legal meaning that differs from the everyday use of the word. In the dictionary, “wrongful” mean something that was unfair or unjust. Quite often, when someone is [..]

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Right to a speedy trial – by Richard Noel

An important feature of American law is the social contract between the citizen and the state.  This contract was initially framed by the founding fathers as the United States Constitution.  You may be familiar with the Bill of Rights, in particular the term “due process,” wherein an individual has the right to maintain their life, [..]

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New ethics opinion on “ghostwriting”

We previously wrote here about ghostwriting for pro se parties in a lawsuit. Pro se parties are people representing themselves in court without a lawyer. The term ghostwriting refers to a situation where a lawyer drafts a legal document for the pro se party to sign and file with the court. In this instance, the [..]

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What is malicious prosecution in Mississippi?

You have been wrongfully sued in a civil lawsuit or wrongfully arrested on a criminal charge. Ultimately, you win your case. Do you have a claim for malicious prosecution against the person who sued you or who filed criminal charges and caused you to be arrested? There are six elements of a malicious prosecution claim, [..]

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Premises liability – slip and fall cases

As attorneys at law, we try to bring balance to what seems like chaos, matching particular circumstances with evolving law. Injuries are part of that chaos.  They can disrupt and dismantle your entire life.  If you are injured in an accident, your ability to heal yourself and get your life back on track, while minimizing [..]

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