Direct-Action Lawsuit

A Direct-Action Lawsuit is 
brought directly against an 
insurance company for a wrong 
done by the insured.

In a lawsuit that is not direct-
action, a plaintiff brings the claim
against the insured, who 
actually wronged the plaintiff. 
Once judgment has been 
rendered against the defendant
, there are a number of ways 
that the insurance company 
(assuming the defendant is 
insured) might later be made to 
pay the victorious plaintiff.

If the plaintiff wants to avoid 
the extra time and process 
required to eventually be paid 
by the insurance company, the 
action can be brought directly 
against the insurance company. 
The plaintiff must still prove all 
of the same facts that would 
be the plaintiff's burden, had 
the action been brought 
against the insured. In addition, 
the plaintiff must prove that 
the insured was covered by the 
insurance company, and that 
the insurance policy covered 
the kind of wrong for which the 
plaintiff is seeking remedy. The 
insured is then treated as a 
third party to the litigation, 
and the insurance company 
itself is the defendant.

This name can also be given to 
any lawsuit that is brought as a 
kind of direct action activism. 
One example can be a customer 
suing a company to repeal an 
action deemed an infringement 
on the rights of the customer 
as a citizen and thus a subject 
to federal or state law.

Allegedly, the largest Direct-
Action Lawsuit was the 
subject matter of the motion 
picture Erin Brockovich.

POWER OF ATTORNEY

A power of attorney (POA)
or letter of attorney in 
common law systems or 
mandate in civil law systems is 
an authorization to act on 
someone else's behalf in a legal 
or business matter. The person 
authorizing the other to act is 
the principal, granter or donor 
(of the power), and the one 
authorized to act is the agent, 
the attorney-in-

fact [1], or in many Common 
Law jurisdictions, simply the 
attorney.

Contents

[hide]

1 Attorney-in-fact

2 Oral and written powers of 
attorney

3 Equal dignity rule

4 Types of powers of attorney

4.1 Power of attorney in finance

4.2 UK Law

[edit] Attorney-in-fact

The term attorney-in-fact is 
commonly used in the United 
States, to make a distinction 
from the term attorney at law. 
An attorney-at-law in the 
United States is a lawyer-
someone licensed to practice 
law in a particular jurisdiction.

In most other common law 
jurisdictions, lawyers are not 
called attorneys. In those 
jurisdictions the term 
"attorney" is used instead of 
"attorney-in-fact".

As an agent, an attorney-in-
fact is a fiduciary for the 
principal, so the law requires an 
attorney-in-fact to be 
completely honest with and 
loyal to the principal in their 
dealings with each other. If the 
attorney-in-fact is being paid 
to act for the principal, the 
contract is usually separate 
from the power of attorney 
itself, so if that contract is in 
writing, it is a separate 
document, kept private 
between them, whereas the 
power of attorney is intended 
to be shown to various other 
people.

In the context of the 
unincorporated reciprocal inter-
insurance exchange (URIE) the 
attorney-in-fact is a 
stakeholder/trustee who takes 
custody of the subscriber funds 
placed on deposit with him, and 
then uses those funds to pay 
insurance claims. When all the 
claims are paid, the attorney-in-
fact then returns the leftover 
funds to the subscribers.

[edit] Oral and written 
powers of attorney

A power of attorney may be 
oral and whether witnessed or 
not, will hold up in court, same 
as if it were in writing. For some 
purposes, the law requires a 
power of attorney to be in 
writing. Many institutions, such 
as hospitals, banks and, in the 
United States, the Internal 
Revenue Service, require a 
power of attorney to be in 
writing before they will honor 
it, and they will usually keep an 
original copy for their records. 
In some countries and 
situations, an Electronic Power 
of Attorney can also be 
considered valid.

[edit] Equal dignity rule

The equal dignity rule is a 
principle of law that requires an 
authorization for someone 
performing certain acts for 
another person to have been 
appointed with the same 
formality as required for the 
act the representative is going 
to perform. This means, for 
example, that if a principal 
authorizes someone to sell the 
principal's house or other real 
property, and the law requires 
a contract for the sale of real 
property to be in writing (which 
is required under the "Statute 
of Frauds" in most U.S. 
jurisdictions), then the 
authorization for the other 
person to sign the sales 
contract and deed must be in 
writing too. 

[edit] Types of powers of 
attorney

A power of attorney may be 
special or limited to one 
specified act or type of act, or 
it may be general, and 
whatever it defines as its scope 
is what a court will enforce as 
being its scope. (It may also be 
limited as to time.) Under the 
common law, a power of 
attorney becomes ineffective if 
its grantor dies or becomes 
"incapacitated," meaning unable 
to grant such a power, because 
of physical injury or mental 
illness, for example, unless the 
grantor (or principal) specifies 
that the power of attorney will 
continue to be effective even if 
the grantor becomes 
incapacitated (but any such 
power ends when the grantor 
dies). This type of power of 
attorney is called a durable 
power of attorney.

In some jurisdictions, a durable 
power of attorney can also be 
a "Health Care Power of 
Attorney", an advance directive
which empowers the attorney-
in-fact (proxy) to make health-
care decisions for the grantor, 
up to and including terminating 
care and "pulling the plug" on 
machines keeping a critically and 
terminally ill patient alive. Health 
care decisions include the power 
to consent, refuse consent or 
withdraw consent to any type 

of medical care, treatment, 
service or procedure. [2] A living 
will is a written statement of a 
person's health care and 
medical wishes but does not 
appoint another 

person to make health care 
decisions. [3] New York State 
has enacted a Health Care 
Proxy law that requires a 
separate document be 
prepared appointing one as 
your health care agent.

People with mental illness may 
prepare Psychiatric Advance 
Directives (PADs in some U.S. 
states) or Ulysses contracts as 
they are called in Canada. 
Ulysses contracts are powers of 
attorney that enable a patient 
to dictate preferences for care 
before becoming incapacitated 
by recurring mental illness. 
Although they are not used 
very often, there is speculation 
in some of the academic 
literature as to whether or not 
these advance directives are 
empowering for people with 
mental illness (Journal of Ethics 
in Mental Health 2006-1).

In some U.S. states and other 
jurisdictions it is possible to 
grant a springing power of 
attorney; i.e., a power that only 
takes effect after the 
incapacity of the grantor or 
some other definite future act 
or circumstance. After such 
incapacitation the power is 
identical to a durable power, 
but cannot be invoked before 
the incapacity. This may be used 
to allow a spouse or family 
member to manage the 
grantor's affairs in case illness 
or injury makes the grantor 
unable to act, while retaining 
the power for without an 
attorney-in-fact before the 
incapacity occurs. If a springing 
power is used, care should be 
given to specifying exactly how 
and when the power springs 
into effect. As the result of 
privacy legislation in the U.S., 
medical doctors will often not 
reveal information relating to 
capacity of the principal unless 
the power of attorney 
specifically authorizes them to 
do so.

Unless the power of attorney 
has been made irrevocable (by 
its own terms or by some legal 
principle), the grantor may 
revoke the power of attorney 
by telling the attorney-in-fact 
it is revoked; however, if the 
principal does not inform third 
parties and it is reasonable for 
the third parties to rely upon 
the power of attorney being in 
force, the principal may still be 
bound by the acts of the 
agent, though the agent may 
also be liable for such 
unauthorized acts.

Many standardized forms are 
available for various kinds of 
powers of attorney, and many 
organizations provide them for 
their clients, customers, 
patients, employees, or 
members. In some states 
statutory power of attorney 
forms are available. Some 
individuals have used powers of 
attorney to unscrupulously 
waste or steal the assets of 
vulnerable individuals such as 
the elderly (see elder abuse).

Robert's Rules of Order notes 
that proxy voting involves 
granting a power of attorney. 
The term "proxy" refers to 
both the power of attorney 
itself and the person to whom 
it 

is granted. [4]

[edit] Power of attorney in 
finance

In financial situations wherein a 
principal requests a securities 
broker to perform extensive 
investment functions on the 
principal's behalf, independent 
of the principal's advice, power 
of attorney must be formally 
granted to the broker to trade 
in the principal's account. This 
rule also applies to principals 
who instruct their brokers to 
perform certain specific trades 
and principals who trust their 
brokers to perform certain 
trades in the principal's best 
interest.

[edit] UK Law

In English law, anyone with 
capacity can grant a Power of 
Attorney. These can be general 
(i.e. to do anything which can 
legally be done by an attorney), 
or relate to a specific act (eg. 
to sell freehold property).

A normal Power of Attorney 
however ceases to have effect 
if the donor loses capacity. If it 
is the donor's intention for the 
Power to continue after they 
have lost capacity, then a 
"Lasting Power of Attorney" 
(LPA) should be granted. These 
came into being in 1 October 
2007, and replaced the simpler 
"Enduring Powers of Attorney" 
(EPA's) which had previously 
been used. LPA's were 
introduced by the government 
in order to reduce the potential 
for abuse that was a problem 
with the EPA system, and also 
to allow donors to grant 
attorneys the power to look 
after their welfare and not just 
their finances, which had not 
been possible under the EPA 
regime.

The new LPA regime is 
therefore a lot more 
complicated and expensive than 
the old EPA regime, with the 
average LPA costing in the 
region of £800 compared to the 
£100 charge for EPA's. However, 
it is perfectly possible to 
complete an LPA without 
consulting a solicitor; this 
dramatically reduces the overall 
cost than if a solicitor is 
appointed to complete the 
whole or any part of the 
process. A GP or social worker 
(for example) is able to be the 
Certificate Provider and they 
may not charge for this, or 
charge minimally. Having the 
legalities & implications 
explained by a trusted GP or 
other professional already 
known to the donor is also 
likely to be preferable.

PERSONAL INJURY LAWYER

A personal injury lawyer is 
a lawyer who provides legal 
representation to those who 
claim to have been injured, 
physically or psychologically, as 
a result of the negligence or 
wrongdoing of another person, 
company, government agency, 
or other entity. Thus, personal 
injury lawyers tend to be 
especially knowledgeable and 
have more experience with 
regard to the area of law
known as tort law, which 
includes civil wrongs and 
economic or non-economic 
damages to a person's 
property, reputation, or rights.

Even though personal injury 
lawyers are trained and 
licensed to practice virtually 
any field of law, they generally 
only handle cases that fall 
under tort law including, but 
not limited to: work injuries, 
automobile and other accidents, 
defective products, medical 
mistakes, slip and fall accidents, 
and more.

The expression "trial lawyers" 
can refer to personal injury 
lawyers, [citation needed] even 
though most cases handled by 
personal injury lawyers settle
rather than going to trial and 
other types of lawyers, such as 
defendants' lawyers and criminal 
prosecutors, also appear in 
trials.

Contents

[hide]

1 Responsibilities

2 Certification and education

3 Career structure

3.1 Doing business

3.2 Compensation

4 Professional regulations and 
associations
5 Criticis

Responsibilities

A personal injury lawyer has 
numerous responsibilities in 
serving his or her clients. These 
responsibilities encompass both 
professional and ethical rules 
and codes of conduct set forth 
by state bar associations where 
the lawyers are licensed. Once 
licensed to practice law by their 
state bar association, lawyers 
are legally permitted to file 
legal complaints, argue cases in 
state court, draft legal 
documents, and offer legal 
advice to victims of personal 
injury.

Also referred to as a plaintiff 
lawyer, a personal injury lawyer 
is responsible for interviewing 
prospective clients and 
evaluating their cases to 
determine the legal matter, 
identify the distinct issues 
rooted within the plaintiff's 
larger problem, and extensively 
research every issue to build a 
strong case. The ultimate 
professional responsibility of a 
personal injury lawyer is to help 
plaintiffs obtain the justice and 
compensation they deserve for 
their losses and suffering 
through advocacy, oral 
arguments, client counseling, 
and legal advice.

Personal injury lawyers must 
also adhere to strict standards 
of legal ethics when dealing with 
clients. While the guidelines vary 
according to state, the basic 
codes of conduct state that a 
lawyer must knowledgeably 
evaluate legal matters and 
exercise competence in any 
legal matter undertaken. 
Moreover, personal injury 
lawyers owe their clients a duty 
of loyalty and confidentiality 
and must work to protect their 
clients' best interests.

Certification and 
education

In order to practice law in the 
United States, a personal injury 
lawyer must pass a written bar 
examination and, in some cases, 
a written ethics examination. 
Bar examinations vary on a 
state-to-state basis. However, 
most states require applicants 
to have completed a four-year 
college degree and a law 
degree from an accredited law 
school (California is one notable 
exception, but the non-
accredited law school must 
meet 

certain requirements.) [1]

In all states, a personal injury 
lawyer is required to take the 
Multistate Bar Examination
(MBE), the Multistate Essay 
Examination (MEE), and the 
Multistate Professional 
Responsibility Examination
(MPRE) and a state bar exam. 
Some states require another 
exam, the Multistate 
Performance Test (MPT), as well.

Once admitted to the state bar, 
personal injury lawyers must 
remain up-to-date on the 
latest legal and non-legal 
developments in their field of 
practice, by completing a 
required number of continuing 
legal education (CLE) courses to 
help personal injury lawyers 
stay abreast of developments 
in their field.

Lawyers can concentrate their 
practices to certain areas of 
law, which is typically true of 
personal injury lawyers. By 
limiting the range of cases they 
handle, personal injury lawyers 
are able to acquire specialized 
knowledge and experience. 
However, to be certified as a 
specialist in personal injury, a 
lawyer must complete a 
specialty certification program 
accredited by the American Bar 
Association (ABA).

Certification programs have set 
standards of competence, 
knowledge and experience that 
lawyers must meet in order to 
be recognized in their area of 
practice as a specialist. Lawyers 
who have completed a specialty 
certification program in 
personal injury law at an 
accredited certifying 
organization are recognized as 
personal injury specialists. Some 
states, such as New Jersey, 
offer a certification as a 
"Certified Trial Attorney", which 
can be for both plaintiff and 
defense attorneys.

Career structure

The career structure of most 
lawyers varies widely. Once 
licensed, a lawyer may take on 
any kind of case whether or 
not they have much experience 
in it. However, legal ethics 
require an inexperienced lawyer 
to enlist appropriate help or 
take the time to learn the 
issues to competently 
represent the client. Most 
lawyers prefer to stick to one 
area of the law to gain the 
knowledge and experience 
necessary to provide the 
highest quality legal 
representation to their clients.

Personal injury lawyers choose 
to delve into a more specialized 
area involving only personal 
injury litigation. Personal injury 
litigation involves a large 
number of claims including 
accidents, medical malpractice, 
product liability, workplace injury
, wrongful death, and more. 
Some personal injury lawyers 
choose to devote the majority 
of their time and energy to one 
area of litigation within personal 
injury law, thus becoming more 
experienced at handling very 
specific types of cases (e.g. 
medical mistakes, aviation 
accidents, work accidents).

Doing business

As with other types of lawyers, 
personal injury lawyers may 
choose to start a solo practice 
or join a small, mid-size, or large 
law firm as an associate. 
Personal injury lawyers may 
also be partners (owners) of a 
law firm or strive to be a 
partner.

Sole practitioners of personal 
injury law offer a number of 
benefits to potential clients, 
which include more personal 
attention and a one-on-one 
working relationship between 
the lawyer and the client. Sole 
practitioners are also more 
willing to take on smaller cases 
and often have lower fees and 
costs.

A small law firm generally 
consists of two to ten lawyers 
who can provide more expertise 
in a given area of personal 
injury law and can handle a 
wider range of legal issues. Mid-
size law firms with ten to 50 
lawyers offer legal 
representation in almost every 
major area of litigation and may 
house several highly 
experienced and knowledgeable 
personal injury lawyers. Large 
law firms with more than 50 
lawyers are often the most 
reputable, having built up the 
firm for a number of years and 
consisting of lawyers with high 
levels of expertise.

[edit] Compensation

Typically lawyers' fees are 
based on a number of factors, 
which may include the time and 
energy spent on a case, the 
outcome of a case, the difficulty 
of a claim, the experience and 
prominence of the lawyer, and 
the costs associated with the 
case. There are several 
standard payment options a 
personal injury lawyer may 
offer his/her clients. These 
options include contingency fees
, hourly rates, flat fees, and 
retainers.

A contingency fee is a prior 
arrangement between lawyer 
and client in which the lawyer 
receives a set percentage of 
the amount of recovery 
awarded to the plaintiff in a 
case. This means that a client 
has no obligation to pay his/her 
lawyer unless the case is 
successfully resolved. Most 
personal injury lawyers work on 
a contingency fee basis. An 
hourly rate is also a common 
payment option that involves 
an agreed amount of 
compensation for each hour the 
lawyer spends on the case until 
its resolution. In some cases, 
personal injury lawyers charge 
a flat fee, which is a set 
amount, or a retainer, which is 
an arrangement where a 
certain amount of money is paid 
before legal representation 
begins. These fee arrangements 
may also be combined.

[edit] Professional 
regulations and associations

Personal injury lawyers are 
regulated by codes of conduct 
established by state bar 
associations, which have the 
power to take disciplinary 
action against lawyers who 
violate professional or ethical 
regulations. The American Bar 
Association (ABA) Joint 
Committee on Lawyer 
Regulation offers assistance to 
state bars, helping them to 
draft, implement, and/or 
promote regulatory policies 
regarding personal injury 
lawyers.

Personal injury lawyers may 
belong to any number of 
professional associations, some 
of which are mandatory and 
others voluntary. For instance, 
personal injury lawyers are 
licensed by their state bar 
associations, of which they must 
be members. Among the more 
common professional 
associations that personal 
injury lawyers may voluntarily 
join are the following:

American Bar Association - a 
professional association 
dedicated to improving the legal 
system and providing 
accreditation for law schools 
and continuing legal education 
programs
Association of Personal Injury 
Lawyers - an association 
founded in 1990 by personal 
injury lawyers on behalf of 
accident victims

Association of Trial Lawyers of 
America - also known as ATLA, 
an association of trial lawyers 
that was founded in 1946 by a 
group of plaintiff's attorneys 
committed to safeguarding 
victims' rights. In 2007, ATLA 
changed its name to the 
American Association for Justice, 
also known as the AAJ, however 
the internet web site may still 
be located at 
http://www.atla.org/.

Criticism
The aggressive representation 
of injured parties by personal 
injury lawyers has spawned 
movements to establish tort 
reform in the United States in 
recent years.

LETTER OF ATTORNEY/power of attorney

UK Government Public 
Guardianship Office - Clear 
explanation of the process by 
the office that manages 
Enduring Powers of Attorney 
and Lasting Powers of Attorney.

Note: Enduring Power of 
Attorney was replaced with 
Lasting Power of Attorney in 
October 2007

In Scots law, power of attorney 
can be granted by an individual 
with capacity, or by petition to 
a sheriff court. If a petition is 
used, then the verification of a 
solicitor, and that of two 
practicing doctors. These are 
usually the GP of the subject of 
the POA and another brought 
from outside to provide an 
objective view. The letters of 
assessment from the doctors 
must be within a set time limit 
of each other, so as to verify 
each other.

There are currently two types 
of power of attorney -
continuing and welfare.

http://www.scotland.gov.uk/Top
ics/Justice/Civil/awi/helping-
friend-relative/Powers-of-
Attorney/Continuing/5002

[edit] Irish Law

Irish law allows two types of 
powers of attorney: [5]

an ordinary Power of Attorney 
which ceases to be effective if 
the Donor becomes mentally 
incapacitated and,

an Enduring Power of Attorney 
which takes effect only on the 
mental incapacity of the donor.

Either kind of power of 
attorney may be a general 
power, giving the attorney 
general power to perform any 
legal act that the donor might 
do, or a specific power, giving 
the attorney power to perfom 
a specific action (or a specific 
type of action) on the donor's 

behalf. [6]

[edit] Russian Law

In accordance with the laws of 
Russia can be as simple written 
form (a power of attorney for 
the right to control the car) 
and notarized. The power of 
attorney to act, requiring a 
notarial certificate (so-called 
«notarial form»), shall be 
certified by a notary. The 
power of attorney to act, not 
requiring a notarial certificate, 
have the force and without 
notarial certification.

Predstavitelstvo, Doverennost

[edit] Ukrainian Law

Predstavnytstvo see chapter 
17 of Civil Code of Ukraine

by law

by agreement

ROSE LAW FIRM

Rose Law Firm
Rose Law Firm is one of the 
largest and the oldest law firms 
in Arkansas. Our practice 
focuses on complex commercial 
business transactions and 
litigation. We represent clients 
in major business matters 
regionally, nationally, and 
internationally. The needs of 
business are our primary 
concern.

Quality legal representation is 
essential for a successful 
business. Our goal is to provide 
the best legal representation 
available at a reasonable and 
fair cost to our clients. We are 
proud of the high legal and 
ethical standards that have 
been established by our firm 
and the tradition of excellence 
which we work to maintain.

Good legal representation 
comes from good people. A firm 
is known by its attorneys. 
Although we invite only the 
most qualified lawyers to 
practice in our firm, technical 
competence is only part of 
what makes a good lawyer or a 
quality law firm. Greatness 
requires depth, perspective, 
and service to others. Each 
year, our attorneys donate a 
significant amount of time to 
public issues, civic leadership 
and representation of the poor. 
We work hard to improve the 
quality of life for our clients, 
our community and our families.

Disclaimer
a Professional Association
120 East Fourth Street
Little Rock, AR 72201-2893
(501) 375-9131
FAX (501) 375-1309
info@roselawfirm.com

About Us | Practice Areas | 
Attorney Profiles
News | Publications | Employment
| Contact Us
Why Hire Rose Law Firm?
Member firms of Lex Mundi and 
State Capital Group practice 
independently and not in a 
relationship for the joint 
practice of law.

INSURANCE LAWYER

A recent merge has created 
one of the largest insurance 
groups in the World and the 
opportunity for insurance 
lawyers to join an excellent and 
well established brand in the 
provision of life and pension 
products. The core areas of 
business are long-term savings, 
fund management and general 
insurance and they are 
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businesses in the Asian markets, 
Australia and America. With 
nearly 50 million customers 
Worldwide their current 
requirement is for insurance 
lawyers with product design 
experience. If you have direct 
life, collective investment or 
pension product experience you 
will be an asset to this 
organisation.

To fit the role specification, as 
well as the experience outlined 
above, you will need to be a 
qualified lawyer with at least 12 
months experience. Senior 
lawyers will also be considered 
and you can have worked in 
either an insurance company or 
have a strong private practice 
background. You will need to be 
a dedicated team player with a 
flexible approach and you 
should be competent in 
regulatory issues. This position 
is based in Northern England.

For more information please 
contact Tracy Brown on 0207 
936 8945 or 
tb@barclaysimpson.com

Homoeopathic remedies for cerebral palsy

Question
I am writing on behalf of my 
four-year-old daughter, who 
has ataxic cerebral palsy. I have 
heard that there is a 
homeopathic medicine called 
Apicerebrum but have been 
unable to find out enough 
information on it to decide 
whether it would be of benefit 
to her. Can you help?
Answer
This sounds like one of the 
combination homeopathic 
remedies that are European in 
origin. Combination homeopathy 
is a combination of remedies in 
a single medicine, as opposed to 
classical homeopathy, which is 
what I am qualified in, where 
single remedies are used at a 
time.
I have come across a similar 
remedy to treat a non-
progressive neurological 
condition similar to cerebral 
palsy. Although homeopathy is 
generally a very safe 
complementary therapy to use 
for all ages, it can sometimes 
aggravate the underlying 
condition for which it is being 
used. I would therefore 
recommend that any 
homeopathic remedy that is not 
freely available across the 
counter should be used under 
professional supervision, 
preferably by a practitioner 
that understands both the 
medical condition and the 
homeopathic treatment that 
they are using. Details of 
suitably qualified medical 
practitioners can be obtained 
from the Homeopathic Trust, 
based in London.
The other thing to be aware of 
is that homeopathic remedies 
are very dilute and therefore 
pretty safe, but it would be 
useful to know what the 
constituents of the remedy you 
mention are. Some similar 
remedies are made from minute 
tissue samples of pig brain and 
although that fact alone would 
not stop me from using such a 
remedy, I think that you might 
feel happier knowing exactly 
what you are giving to your 
child. Most good practitioners 
know what is in the treatments 
that they use and are happy to 
explain to patients the 
rationale behind them.
There are no reasons to stop 
conventional treatments whilst 
undergoing homeopathic 
therapy and a multi-pronged 
approach to conditions such as 
cerebral palsy can be a very 
positive step to take.
I do hope that this helps you 
and your daughter.
Yours sincerely
The NetDoctor Medical Team