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What do labor and employment lawyers do in Odessa?

March 25, 2021/0 Comments/in Legal News /by brian

Odessa, TX – Legal actions and lawsuits related to labor issues are one of the most complex aspects of civil law. However, most of what labor lawyers do is focused on helping workers who have been treated unfairly or not paid properly, and ensuring that workplaces comply with various laws and regulations. These services are provided to either individual workers or companies who need to learn more about possible legal issues. A labor attorney’s background is the same as all other lawyers, as they need to possess the same level of education and be licensed to practice in the state where they work. 

Workplace regulations

Operating a business legally includes navigating a complex web of regulations related to work conditions, safety precautions, employee compensation, and local laws and ordinances. Most people starting a business will need legal help with their initial documentation and contracts, and they may periodically need legal services as issues arise. This is especially true if the company is in a field that is highly regulated such as transportation or dealing with hazardous materials. Especially if the owner of the company is new to their industry, legal advice is often the only way to become aware of these kinds of regulations and comply with industry standards. 

Unpaid wage issues

Another common area of employment disputes is payment of workers. All workplaces must comply with laws that cover areas such as minimum wage, overtime, and proper payment for all hours worked. Employers who routinely violate these laws may be sanctioned. The individual employees sometimes will bring lawsuits for damages that can include back pay and interest on the money owed to them. The employer also cannot ask the worker to complete certain tasks as favors without paying them. 

Civil rights and discrimination issues

Workers are always protected from certain kinds of actions by their employers. This includes behaviors such as sexual harassment, discrimination, and retaliation. Employers need to ensure that they do not treat anyone unfairly on the basis of race, gender, nationality, or religion. Workplaces have been sued for these kinds of actions, and they often sustain some kind of fallout from negative publicity tied to discrimination or harassment. One of the ways that most companies comply with these civil rights laws is to consult with lawyers and other workplace professionals, and then develop training and guidelines for their employees. These requirements are reviewed with workers on a regular basis. 

Assistance with cases against employers

Employment lawyers are available in the Odessa area to assist workers with reviewing their employer’s actions and filing a lawsuit if necessary. Moore and Associates is an experienced firm that handles labor law and related issues in Texas. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

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What if a person’s rights were violated during an arrest in Fort Myers, Florida?

What if a person’s rights were violated during an arrest in Fort Myers, Florida?

March 24, 2021/0 Comments/in Legal News /by jennifer

There are certain rules and procedures police officers in Florida are required to follow when making an arrest. For instance, they generally need to have probable cause before they can place someone in handcuffs and charge them with a crime. Law enforcement officers simply cannot assume that an individual is committing a crime or intends on committing a crime using their gender, race, socioeconomic status, etc.

If a police officer places someone under arrest and fails to follow one or more procedures such as identifying their probable cause, then they may be violating that person’s rights. As a result, an individual may be able to get their charges reduced or dropped.

 

How to prove an officer violated a person’s rights during their arrest?

 

Although an officer may have conducted a search of a person’s vehicle without having probable cause or stopped them without having a valid reason while they were walking home which then led to their arrest, there is a good chance they will try and make the arrest look valid. This can make it difficult for an individual to prove their rights were violated. Thankfully, there are Fort Myers, FL criminal defense lawyers who are aware of the steps that need to be taken to help an individual prove their arrest was not justifiable.

Some of the ways a criminal defense attorney in Fort Myers can help someone prove their rights were violated during their arrest include:

 

  • Collect and review dash cam or body cam footage. Dash cam and body cam footage have proven to be useful in many wrongful arrest cases. If the officer had their cameras turned on during their encounter with an individual, an attorney may be able to pull out the pieces they need to show their client’s rights were violated.

 

  • Collect witness statements. If other people were present during the arrest, a statement from them may be useful in proving the arrest was made after an individual’s rights were violated.

 

  • Identify the laws that are used to protect individuals from being wrongfully arrested. There are a number of different laws that aim to protect the rights of individuals and a criminal defense lawyer will be able to identify which were violated.

 

What happens to criminal charges that stem from a wrongful arrest?

 

If an individual is successful at proving that an officer violated their rights in order to make the arrest, some or all of the evidence that is being used to charge them may become inadmissible. This means it cannot be used to convict the individual. And without certain pieces of evidence, a prosecutor may or may not have enough support to get the individual convicted.

 

Get Connected With a Criminal Defense Lawyer in Fort Myers Now

 

If an individual was arrested for DUI, drug possession, weapons possession, or any other type of criminal offense in Fort Myers and their rights were violated during their encounter with an officer, they can contact Robert Foley Law Firm for legal help. The criminal lawyers at Robert Foley Law Firm will be able to advise them on what their next steps should be and can even provide them with the legal representation they may need to properly fight their charges.

 

Robert Foley Law Firm can be reached at:

 

2259 Cleveland Avenue

Fort Myers, FL 33901

Phone: 239-690-6080

Website: www.robertfoleylaw.com

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Can a wrongful death lawsuit be filed after the statute of limitations has expired in Colorado?

Can a wrongful death lawsuit be filed after the statute of limitations has expired in Colorado?

March 24, 2021/0 Comments/in Legal News /by jennifer

If the statute of limitations has expired on a wrongful death case, it is unlikely that one or more surviving family members will be entitled to take legal action. The statute of limitations for civil cases sets a timeline for which legal action can be taken. While certain factors may extend or reduce the statute of limitations for filing a wrongful death lawsuit, once the deadline has been reached, one or more surviving family members may have a difficult time recovering the compensation they may have been awarded had they adhered to the timeline.

 

What is Colorado’s statute of limitations for filing a wrongful death lawsuit?

 

Each type of civil case carries its own statute of limitations. When it comes to wrongful death cases, families generally have two years from the date of their loved one’s death to take legal action.1

 

How can a family protect their right to compensation after a wrongful death?

 

Families in Colorado who are looking to recognize a negligent party for the wrongful death of their loved one can protect their right to compensation by contacting a Colorado wrongful death lawyer. If a family has a valid case, a wrongful death attorney will be able to determine how much time they have left to file their lawsuit and if there are any factors that would make them eligible to get the deadline extended.

A wrongful death attorney in Colorado will also assist a family with getting their lawsuit filed before the statute of limitations has expired.

 

What damages might a family be awarded in a wrongful death case?

 

The types of damages that may be awarded in a wrongful death case depend on who it is who is seeking compensation and what their relationship is to the decedent. For instance, a child may be entitled to different types of damages compared to a parent or spouse. To give family members an idea of what types of damages are often awarded in wrongful death cases, below is a list of a few:

  • Loss of companionship
  • Medical expenses. These are generally awarded if the decedent initially survived their injuries and sought medical care but later passed away.
  • Funeral and burial costs
  • Punitive damages
  • Loss of benefits (i.e. life insurance)

 

The Lawyers at Bryan & Terrill Law, PLLC Can Help a Family Get Their Wrongful Death Lawsuit Filed Before the Statute of Limitations Expires

 

If one or more family members in Colorado are looking to file a wrongful death lawsuit on behalf of their family member and they want to be sure it is done within the statute of limitations, they can contact Bryan & Terrill Law, PLLC for help. Bryan & Terrill Law, PLLC will be sure to help a family understand their legal rights and explain how they can be properly exercised.

 

Bryan & Terrill Law, PLLC can be reached at:

 

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com

 

Source:

  1. https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-13.pdf
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How does Colorado’s contributory negligence law affect wrongful death cases?

How can Colorado’s contributory negligence law affect wrongful death cases?

March 24, 2021/0 Comments/in Legal News /by jennifer

Several laws in Colorado govern wrongful death cases and dictate how much surviving family members can receive, given they have a valid case. One law that family members who are entitled to damages should be aware of is Colorado’s contributory negligence law as it could impact how much they receive.

 

Understanding Colorado’s Contributory Negligence Law

 

If an individual suffered fatal injuries in an accident that was only partially their fault, while their loved ones can file a wrongful death lawsuit and potentially recover damages (i.e. financial relief), their award amount will be reduced. This is because Colorado, like many other states, follows a contributory negligence law.

While Colorado’s contributory negligence law does not bar certain family members from seeking damages on behalf of their loved one who would have otherwise been entitled to them had they still been alive, it does reduce the amount they are awarded. The law states that an individual can recover damages so as long as the decedent’s percentage of fault is “not as great as” the person who damages are being sought from.

If the decedent’s percentage of fault is less than the party who allegedly caused their death or contributed to it, then the amount awarded in damages would be reduced by this amount. For example, if certain surviving family members were awarded $500,000 over the wrongful death of their loved one, yet their family member was found to be 10% at fault for causing the incident that claimed their life, they wouldn’t be awarded the $500,000.

Instead, their initial award would be reduced by 10% and they would be left with $450,000.

 

What is the average payout for a wrongful death case?

 

There are many factors that must be taken into account before a wrongful death case can be valued. Therefore, the award amount does vary by case. Some of the factors that are often used to value a wrongful death case include:

  • Whether the decedent played a role in causing it to happen.
  • The number of surviving family members who are seeking damages and their relationship to the decedent.
  • How the loss has impacted the surviving family members’ lives.

 

The CO Wrongful Death Lawyers at Bryan & Terrill Law, PLLC Can Help Surviving Family Members Value Their Wrongful Death Case

 

If a family recently lost someone they love to a preventable accident in Colorado and they are looking to find out if they have a case and how much it is worth, they can contact Bryan & Terrill Law, PLLC for help with this and much more. The Colorado wrongful death lawyers at Bryan & Terrill Law, PLLC do offer free consultations and can be reached at 720-923-2333.

 

Bryan & Terrill Law, PLLC can be reached at:

 

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com

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Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

Suing A Supervisor Or Manager For Sexual Harassment In Maryland

March 24, 2021/0 Comments/in Legal News /by efigueira

Sexual harassment is a crime that affects millions of people a year. If you have experienced it personally, you don’t need to feel scared or isolated. The reason that the vast majority of sexual misconduct goes unreported is that victims are too afraid to speak out. They may be afraid of losing their job or not being believed. Alternatively, they may simply be embarrassed about what happened. 

 

Whatever the reason, it’s never worth it to avoid dealing with sexual harassment. Sexual harassment is fully illegal and if you’ve been through it at work, you may be entitled to compensation. 

 

Don’t waste any time getting in touch with a qualified Maryland sexual harassment lawyer. Even if you’re not sure whether or not what you’ve been through is a crime, an experienced attorney can examine your situation and let you know if you have a case. 

 

The lawsuit against the owner of a Maryland steakhouse

 

Recently, a 17-year-old hostess at a now-closed restaurant in Silver Spring filed a lawsuit against the owner of the establishment for unwanted hugs and kisses, inappropriate comments, and inappropriate phone calls and text messages. The owner in question was 30 years older than her and was routinely putting the hostess in uncomfortable situations.

 

“This was especially difficult for Ms. Doe, who was a minor and did not know how to respond or deflect sexual advances from an adult, 30+ years her senior, who was her supervisor,” the lawsuit states. 

 

The defendant is a well-known chef who won a Chef of the Year award from Restaurant Association Maryland in 2013. He also enjoyed a slew of other media recognition, making him a fairly influential, “high up” person. This could’ve contributed to the victim’s hesitancy in responding to the incidents. 

 

Nonetheless, the girl is in the middle of pursuing compensatory damages of up to $5 million, and statutory damages up to $350,000. This story highlights the fact that just because someone may appear important and untouchable, it doesn’t mean they’re impervious to laws.

 

What are the laws against sexual harassment? 

 

At the federal level, sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964, which views sexual harassment as a form of gender-based discrimination. The Act applies to all companies in the private and public sector with 15 or more employees. 

 

At the state level, Maryland has the Maryland Fair Employment Practices Act, which prohibits employment discrimination based on sex, marital status, sexual orientation, and gender identity. 

 

Compensation can come in the form of: 

 

  • Front pay
  • Back pay
  • Being rehired or reinstated if you were unfairly fired
  • Punitive damages like pain and suffering
  • Statutory damages

 

Do you need help suing someone who sexually harassed you in the workplace? 

 

Get in touch with a qualified Maryland-based sexual harassment attorney today to see what your options are. 

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New Reforms Help Florida Crack Down on Police Brutality

March 24, 2021/0 Comments/in Legal News /by efigueira

A range of new reforms in Florida could help the Sunshine State become much safer for the average citizen. Police brutality has been a major talking point across the entire nation in recent years, and the subject has been divisive. Some believe we should support our police officers, while others want to completely defund police departments. In reality, a “middle ground” seems the most likely result of this discussion, where police departments in Florida undergo certain reforms while continuing to be a valued part of our society.

If you have been the victim of police brutality in Fort Myers, it’s in your best interest to connect with a qualified, experienced attorney as soon as possible. Even if you have committed a crime such as resisting arrest, police officers are still held to a certain standard. They cannot use excessive force against you, especially if you weren’t even posing a threat to them by pulling out a weapon.

New Bill Would Clean Up Florida’s Police Hiring Process

In 2021, a new bill was introduced that would stop police departments in Florida from rehiring “tarnished” officers. These are police officers who have committed crimes in the past, such as police brutality, sexual assault, or even murder. Previously, a “second chance” policy allowed these officers to be rehired, even if they had been previously dismissed from law enforcement organizations in other locations. In addition, this bill would create greater levels of transparency in policing organizations, especially in regards to their hiring processes.

Another New Bill Would Introduce a Slew of Reforms

Another new bill was also introduced in Florida during 2021, and this involved a slew of reforms with the aim of reducing instances of police brutality. Among other things, the bill would mandate the use of body cameras by all officers in every law enforcement across the state. The bill also calls for specialized training in de-escalation strategies. Finally, the bill would also create a specialized database that tracks excessive force by officers.

This last reform would be especially useful for victims of police brutality. If attorneys can prove that certain officers have a history of using excessive force, it could help many victims see justice. In addition, greater levels of transparency within hiring processes could help pinpoint “bad cops” who repeatedly hurt members of the public.

Enlist the Help of a Qualified Attorney Today

If you’re searching for a qualified, experienced attorney in Fort Myers who can assist you with these matters, look no further than Robert Foley Law Firm. With a wealth of experience in criminal defense and other related matters, we have the skills and the knowledge to help you defend yourself against police brutality in the state of Florida. Reach out today, and we can develop an action plan together.

 

Robert Foley Law Firm

(239) 690-6080
[email protected]
2259 Cleveland Ave,
Fort Myers, FL 33901

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Could Self-Driving Trucks Save Lives?

March 24, 2021/0 Comments/in Legal News /by efigueira

In 2020 alone, there were over 65 truck-related fatalities in the state of Illinois. Trucks represent a real danger for drivers in the Prairie State, and many people are asking how we can improve things in the future. One of the most obvious hazards is human error. Truck drivers often find themselves driving for over 10 hours straight without breaks. Fatigue and stress can make drivers more susceptible to mistakes while behind the wheel, and these mistakes can have deadly consequences. In order to address this issue, some have proposed a radical, technologically-advanced solution: driverless trucks.

If you have been injured by a truck-related accident in Illinois, the advent of driverless technology might be too late, too little. Your best bet at this point is to consult with a qualified, experienced personal injury attorney. These legal experts can help you pursue justice, and they’ll assist you as you seek compensation for your damages. That being said, driverless technology could help prevent further accidents in the future, sparing innocent victims the injuries and mental anguish that you’ve been forced to endure.

What Causes Truck Accidents in Illinois?

There are a number of potential hazards that could cause truck accidents in the state of Illinois. Some of these have to do with human error, while others involve the truck itself or the trucking companies involved. Here’s a basic rundown of common hazards:

  • Intoxicated drivers
  • Improperly loaded cargo
  • Insufficient inspections
  • Speeding
  • Unlicensed drivers
  • Drivers without proper permits
  • Drivers who have been operating for too long without breaks

Could Driverless Trucks Help?

The advent of driverless trucks could help address many of these common hazards. In 2018, it was announced that Embark was developing a modified Peterbilt tractor with driverless technology. This new driverless truck managed to travel 2,400 miles from Los Angeles to Jacksonville, Florida in just over five days.

Right now, the most likely scenario is a driverless truck that still has a human operator inside. This operator would merely be in charge of monitoring the truck and watching for any signs of concern. According to the official automation guidelines, this is known as Level 2 Automation. Embark has announced that it wants to reach Level 4 Automation, which requires no driver at all.

In theory, this new technology would cut down the number of truck accidents, potentially saving lives. While some drivers might not feel comfortable with a driverless truck on the road next to them, the data seems to suggest they are safer than human-operated trucks. In addition, Embark has stated that they believe driverless technology will create more jobs rather than making human drivers obsolete.

Enlist the Help of a Qualified Attorney Today

If you’ve been searching Illinois for a qualified, experienced personal injury attorney, look no further than Michael J. Brennan, Injury & Accident Lawyer. For decades, Michael J. Brennan has been helping innocent accident victims in Illinois get the compensation they deserve. Brennan specializes in truck accidents, so reach out today and begin your journey towards justice.

 

Michael J. Brennan – Injury and Accident Lawyer

16521 106th Ct
Orland Park, IL 60467
Phone: 708-460-9300
Fax: 708-349-8015

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How is the concept of fault for an accident treated under Iowa law?

March 24, 2021/0 Comments/in Legal News /by brian

Iowa City, IA – Most states have some fairly complex rules that come into play after a car accident. Concepts such as fault, negligence, and damages can all be crucial in determining both if an accident victim will be compensated at all, as well as their level of compensation that is available. For specific advice about how any of these principles apply to any accident lawsuit, a lawyer who focuses on accident law in Iowa should be consulted. 

Iowa laws regarding fault

The state of Iowa is called an at fault state for the purposes of motor vehicle accidents. Accident victims have a chance to bring a lawsuit and try to prove another driver involved in the crash was at fault for their injuries and losses. Drivers also have the right to contact their insurance provider and file a claim to see what losses will be covered under their policy after a collision. 

Negligence principles and fault

Negligence is the term for a type of civil lawsuit that says a person or business did not exercise the proper level of care and caused injuries. Each state has a different way of handling these kinds of cases, but there must be some evidence that the defendant actually caused an accident and injuries after they deviated from the proper standard of care. 

Fault is also divided in an accident case in Iowa based on the principles of comparative negligence during a lawsuit. This means that fault can be divided between all of the drivers involved to equal one hundred percent. A driver who is partially at fault can still collect damages, however their damage award is reduced based on their level of fault. If they are more at fault than the defendant they are suing, then they will not be able to collect anything. This formula can be applied regardless of how many vehicles were involved in the collision. 

Damages and compensation

The amount of compensation that any accident victim will receive is always relative to their losses. For example, this means that most minor accidents will not result in large amounts of compensation for anyone involved. Damages are tied to things like lost income and wages, medical bills and the costs of healthcare, or property repairs. There is also the opportunity for the plaintiff’s attorney to argue for non-economic damages that are related to their client’s pain and suffering.

Iowa City injury and accident attorneys

Eells and Tronvold Law Offices is available to assist clients with their civil lawsuits in the Iowa City area. Potential clients can contact the firm to learn more about their qualifications and services during representation. 

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

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What are the two types of divorces that happen in New York?

March 24, 2021/0 Comments/in Legal News /by brian

Brooklyn, NY – The amount of agreement between two spouses is one of the most important factors in any divorce case. This can greatly affect the duration of the divorce case, including the time spent in court or negotiating. New York’s family law system divides divorces into contested and uncontested divorces to separate cases that need lots of litigation from those that do not. Legal help from a family law firm should be obtained as soon as possible for any type of divorce case. 

Divorces where couples are mostly in agreement

An uncontested divorce is the type of case where the two spouses involved can agree on most of the important issues regarding their separation. This level of agreement obviously makes the process to separate and formally end the marriage through the courts much quicker. The issues that are already decided may include whether alimony is necessary, child custody plans, child support payments, and property division. In most cases, the divorce will be considered a no fault divorce due to a general breakdown of the marriage, but it is possible to choose fault based grounds as well if applicable. 

These types of divorce filings do not require a full trial in the local court system. This method of bypassing litigation obviously saves time and money for all parties involved. The judge can formalize the separation once a few basic procedures have been followed and the relevant paperwork is completed. 

A lack of agreement between the spouses

A typical contested divorce can require multiple hearings and substantial time in court, in addition to being more costly. Property division tends to be a long and drawn out process, especially if the couple lived together for a long time and had large amounts of shared assets. This process is necessary if at least one crucial area such as child custody or alimony is in disagreement. After the defendant spouse is served with the divorce papers, a preliminary conference needs to happen for the judge assigned to the case to determine which issues are going to be contested before the litigation formally begins. 

Information and evidence is exchanged during the discovery process between both lawyers once the case actually starts. The last part of the contested divorce is a full trial in court. This can include presentation of evidence, argument from the lawyers for both sides, and testimony from witnesses. 

The assistance of a New York family attorney

Family law cases can be confusing, stressful, and emotionally draining. Elliot Green Law Offices is a firm in Brooklyn that is experienced in helping clients get through their family law issues efficiently to avoid additional problems. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

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Is personal injury protection required on auto insurance policies in South Carolina?

March 24, 2021/0 Comments/in Legal News /by brian

Charleston, SC – When a driver is purchasing auto insurance, there are a number of things that can be added to a policy to offer additional protection. Personal injury protection is a form of coverage that helps drivers and their passengers with basic medical coverage and other expenses tied to the accident, even if they are at fault. 

Required insurance coverage

Drivers in South Carolina do not need to have personal injury protection to be able to drive legally. They only need to have standard liability coverage that gives protection for bodily injury, property damage, and uninsured drivers. Many commercial auto insurance companies offer personal injury protection and other forms of coverage that help in case of losses due to theft, crime, and other unforeseen problems. Anyone who is about to purchase auto insurance should speak with the provider about all of these options and choose the plan that is best based on their driving habits.  

Why would a driver pay for personal injury protection? 

This is essentially another way of getting financial assistance if it is ever needed after a collision. The PIP coverage can pay for the driver’s medical expenses, passenger’s injuries, and other kinds of losses without having to go through the process to determine fault. As the name implies, the driver is essentially covered for their own personal injuries.  

Car accidents and lawsuits

The main reason for liability coverage is to help drivers who are sued for being at fault pay for any losses or damage that they cause. Without liability coverage, the person would be liable for paying out the damages from the lawsuit out of their own money. Most people cannot realistically afford to do this, so the government requires insurance by law to make sure accident damage is paid for.  

A person who has been injured in a car crash can always try to get legal help and see if a lawsuit is necessary. Personal injury lawsuits can recover amounts that help pay for lost wages, medical treatment, property damage, and other losses that are tied directly to the accident. Especially in situations where insurance will not cover an accident, or pay out enough due to the severity of the damage, lawsuits are often the best way for victims to get financial help. Consulting with a local lawyer is recommended for anyone who is considering a lawsuit tied to a car crash. 

Auto accidents in the Charleston area

The Clekis Law Firm is experienced in all personal injury matters under South Carolina law. After an accident, a meeting with one of their attorneys about compensation and lawsuits is the best way to get started and learn about personal injury cases. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

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