Sunday, July 10, 2016

Can a Lawyer provide remote "Legal Advice" via phone across state lines?

Can a Lawyer provide remote "Legal Advice" via phone across state lines? What are the limitations of the legal advice?


The answer to this question depends on the nature of the call and what type of legal advice is being asked.  A lawyer can only provide advice for jurisdictions in which the lawyer is licensed.  So, if you are in California and asking a Pisanchyn Law Firm attorney questions on an incident that occurred in Pennsylvania or about Pennsylvanialaw via telephone, that is fine, because we are licensed in Pennsylvania and can provide legal advice pertaining to Pennsylvania law.  If you are asking our attorneys questions that are about California and California law, we have a couple of general responses:
  1. This is how it would work in PA but we don’t know the laws of California and are not licensed to practice there.
  2. These are the general legal concepts involved, but its California and we are not licensed or familiar with the laws.
Without a license in that state or a special one time admission, no lawyer will appear in Court in that state.  That would be practicing law without a license.

Often times the Pisanchyn Law Firm can refer your case to a local attorney if we are not able to represent you.

Lastly, the Pisanchyn Law Firm has attorneys licensed in both Pennsylvania and New Jersey so we are able to represent you should an accident or injury occur across state lines. The Pisanchyn Law Firm will meet you in any City, Town, or State should they decide to accept your case making it convenient for you. You can reach our injury attorneys via our website or toll free at 1-800-444-5309. We're here for you no matter the time of day, day of the week, and are even available to your on holidays.

Saturday, July 2, 2016

Prevent Injuries and Fatalities- Don't Drink and Drive

Parties, picnics and fireworks are just some of the festivities that lead droves of Americans onto our nation’s highways every Fourth of July. Unfortunately, the celebrations too often turn deadly when drinking alcohol leads to drunk driving.

This year, Americans will celebrate the Fourth on a Monday, which means the holiday weekend starts at 6 p.m. Friday, July 1st and ends on Tuesday, July 5th at 5:59 a.m. In 2014, over the Fourth of July holiday (6 p.m. July 3rd to 5:59 a.m. July 7th), 164 people were killed in crashes involving at least one driver or motorcycle operator with a blood alcohol concentration of .08 grams per deciliter or higher. Those preventable deaths make up 41 % of the 397 people killed in motor vehicle traffic crashes over the Fourth of July period.

If you plan to partake in the weekend's festivities PLEASE don't drink and drive! Even if you are not drinking and traveling throughout the holiday weekend be aware of other drivers. If you suspect someone on the road is drinking and driving call your local police department and stay a safe distance away from them.

Here are some other tips to keep you and your family safe this holiday weekend:
  • Plan a safe way home BEFORE the fun begins
  • Designate a sober driver or use public transportation to get home safely.
  • Download NHTSA’s SaferRide mobile app at www.nhtsa.gov/link/saferride/.
  • If you see a drunk driver on the road, don’t hesitate to contact your local police department.
For more information visit our website or call 1-800-444-5309.

Fireworks Safety

Each year, 230 people on average go to the emergency room in the weeks leading up to and after the Fourth of July, with the majority of those injuries including burns affecting hands and fingers, eyes, arms, legs, head and ears, according to the Consumer Product Safety Commission. Firecrackers cause 20% of those injuries, and children between the ages of 5 and 9 and adults 25 to 44 are at the most risk of injury.

In 2015, 11,900 people were treated in the hospital for fireworks-related injuries, and children under the age of 15 accounted for 38% of those injuries, according to the CPSC. It also noted that 11 people were killed in 2014 and cited five recent deaths due to the inappropriate use of both legal and illegal fireworks.

Injury and harm can occur to more than just the person setting off the fireworks. Women and children are injured more often at public fireworks displays. Setting off fireworks at your home (always check with local laws as in some states/areas this is illegal) could cause catastrophic damage to not only your home, but the homes around you. Firework debris can cause a house fire to the homes nearby.

Here are some tips from the National Council on Fireworks Safety to safely enjoy the holiday:

• Use fireworks outdoors only.
• Only use fireworks as intended. Don't try to alter them or combine them.
• Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.
• Use common sense. Spectators should keep a safe distance from the shooter, and the shooter should wear safety glasses.
Alcohol and fireworks do not mix. Have a "designated shooter."
• Only people over the age of 12 should be allowed to handle sparklers of any type.
• Do not use homemade fireworks or illegal explosives; they can kill you. Report illegal explosives to your fire or police department.
For more information or to speak with an injury attorney, visit our website or call 1-800-444-5309.

Monday, June 27, 2016

Is it OK to Post on Social Media After an Injury?

How many times did you check your Facebook today? Did you Snapchat your morning coffee? Instagram the long line of traffic during the morning commute? Tweet about last night's game? Social media has become a constant in the lives of many. It's a great way to stay connected, or in our case, to provide our community and clients with valuable information. These sites can be useful and fun but they could also be your worst enemy if you are involved in a personal injury lawsuit.
The rule of thumb when involved in a lawsuit is not to discuss your case with anyone, except your attorney.  This advice holds true for posting information on social networking sites like Facebook, Instagram and Twitter.  A seemingly innocent photo or post can have a detrimental effect on your personal injury case, even if it is taken at a pain-free moment or prior to your accident. Anything you post can be misconstrued and could be used against your claim.

You should amend your privacy settings as well, but investigators can find ways into your profiles even if they are private. Private doesn't mean not public.

Most importantly, it is best to refrain yourself, as well as family and friends, from posting anything about your claim on social media at all.  Should you have any questions about an injury you have sustained at the fault of another or about social media in regards to your case, contact our personal injury attorneys via our website, PisanchynLawFirm.com.

Monday, June 20, 2016

Do You Know the Most Common Summertime Injuries?

Happy Summer Solstice! Today marks the longest day of the year and the first official day of Summer.

Did you know Emergency Room visits go up roughly 20% in the Summer months due to common "Summertime injuries?"

Now is a great time to unwind and get outside but it's important to know some basic Summertime injury facts and prevention tips beforehand to make it as enjoyable as possible. 

Lawn mowers: These are the major cause of foot and ankle amputations to children. Do not operate a riding mower when children are present. Do not let your children ride on a mower, even with an adult. Mowers should not be used at dusk or night when it is difficult to see. 


Adults, too, are at risk for mower-related injuries -- far more so than children, because they are the ones operating the devices. In 2011, according to the Consumer Product Safety Commission, more than 83,000 people were treated in U.S. ERs for lawn mower injuries.

Never wear sandals when mowing a lawn; always be on the lookout for other people, children, rocks and branches; and whether you're pushing or riding, watch out for steep grades.

On the road: Car seats for young children and seat belts for older passengers offer the best protection from injury and death in an accident


A sixteen-year-old carrying two friends in the car triples the risk of a crash. Add a third passenger and the risk is increased almost seven-fold. Young drivers should always be aware, free from distraction and carefully monitored and taught the rules of the road.

Bicycles:
Some cycling accidents are caused by high speed and user negligence, but it's also important to check the bike each spring to make sure brakes and tires are in good working order. If you have a child, make sure the bike still fits him -- and make sure that the helmet still fits, too.

And while most cycling spills are routine, bicycle-vs.-automobile accidents are also more common in the summer months (that's true for both adults and children). Bicycle riders are required to follow the rules of the road just as automobile operators. Wear reflective gear, always wear a helmet, know the hand signals for turning and be aware of your surroundings when riding on the road.

For pedestrians: Basic advice for pedestrians includes walking on sidewalks, using marked crosswalks, observing traffic signals and watching for turning vehicles. To be more visible to drivers, wear brightly colored clothing during the day and special reflective materials at night.

Pedestrians should be extra cautious about marked crosswalks without signal lights. They may not offer any more protection than an intersection without a crosswalk.

Finally, children younger than 10 should not be allowed to cross the street alone. They are often impulsive and may have difficulty judging speed, spatial relations and distance. 


Bites: Dog bites result in thousands of hospital ER visits every year, and researchers say that children are more likely to be bitten by dogs in the summer months. While adults are more likely to be bitten on arms or legs, children are more likely than adults to be bitten on the head, neck and face. Keeps dogs leashed in public areas and watch children around unfamiliar or unknown animals.

Falls: It's a generic category, but it's also the biggest one -- from jungle gyms, to skateboarding accidents, to bare feet slipping on wet surfaces, to run-of-the-mill face-plants on the concrete, falling onto something hard is the traumatic event most likely to land a kid or an adult in the ER. Seniors are susceptible year-round, while adults climbing ladders are especially at risk in the summer.

Over the past five years, falls have exceeded motor vehicle crashes as the top reason for a trauma hospitalization.

Enjoy the sun, warmth and laid back ease of the Summer and stay safe!

Remember, if you or a loved one has suffered an injury or you've lost a loved one due to the negligence of another, be it an accident, fall, dog bite or property related injury, the Pisanchyn Law Firm can help. Contact us for a free consultation. There is never a fee, we only pay you the money you deserve.

Thursday, June 16, 2016

Do lawyers bend the rules when questioning witnesses by asking impermissible questions just to get the jury thinking about them?


By Jennifer Ellis, Legal Ethics Attorney in PA, USA (I am not your lawyer. Not legal advice.) via Quora.


Good lawyers? No. Bad lawyers, maybe. Often, if a lawyer does this, it is because they don't actually know what they are allowed to ask and what they are not allowed to ask. 

Here's the thing about being a lawyer. Your reputation is very important. If you get a reputation for asking improper questions it isn't going to help you with other lawyers or the court. Judges might be more inclined to give the other side the benefit of the doubt when you ask an improper question or when you yourself make an objection. The legal world really is very small. Your reputation follows you around. 

The practice of law really isn't much like it is on tv. There isn't a lot of this, ask an improper question, OBJECTION, withdrawn.

In a criminal cases, if the prosecutor does it and if the question and the result is harmful enough, it could cause a mistrial.

In a civil case, it could cause financial sanctions against the lawyer and/or his client.

In either case, it could create a basis for an appeal for the losing side, if the question was asked by the opposing side and caused enough harm.