Court Records Blog

We entrust some of our most important decisions to attorneys:  the beginning and end of marriages, property matters, the distribution of estates, business transactions, possible prison terms, and the list can go on and on.  In many ways an attorney can have a lot of power over your life.  So, how can you make sure that the attorney, who is or will be engaging in potentially life altering decisions on your behalf, is the right person to trust?  Attorney referral services or referrals from family and friends are one way to make sure you’re using a reputable attorney.  Yet, these may not tell you the whole story about an attorney.  One option that can help you dig deeper into the status of an attorney’s reputability is to check for disciplinary records.  

To practice law in a state, an attorney must obtain his license through the State Bar Association.  In many states, an attorney’s license is with the Bar Association, in conjunction with the Supreme Court or Judicial Branch of that state.  While in some states, disciplinary actions and discipline records may be handled solely by the Bar Association, in other states, the Supreme Courts or Judicial Branch have specific divisions or agencies assigned to handling attorney misconduct cases.  For example, in Illinois, the agency is called the Attorney Registration and Disciplinary Commission of the Supreme Court in Illinois.  These agencies investigate reported misconduct and conduct court cases to determine the appropriate disciplinary measure to be applied.  In some cases an attorney could be suspended from practicing law for a certain period of time.  Yet, in more serious cases, an attorney could be disbarred, which means they are stripped of their license to practice law. 

Many disciplinary agencies provide online access to review the attorney misconduct cases.  Online information can include a brief synopsis, or a detailed report about the activities that lead to the attorney being disciplined.  Some states provide basic searches by date, while other states allow for detailed searches by name, keywords, rule name, or case number. 

Attorneys can be disciplined for financial misconduct as well as other fraudulent behaviors.  Knowing whether or not an attorney has been accused or convicted of certain misconduct can be one step in putting some power back in your own hands.  Although many people do deserve second chances for their mistakes, you should also be allowed to make the decision of whether you are comfortable having that attorney handle your important matters. 

The exact location of the attorney disciplinary records will vary by state.  For example, while Illinois cases are heard by an agency of the Supreme Court, Connecticut attorney disciplinary cases are heard in that state’s Superior Court through an agency called the Statewide Grievance Committee.  However, determining whether an attorney is qualified to handle your cases is enough to think about on its own.  So, to make your search a little easier, Courtreference.com provides free and easy access to attorney disciplinary resources by state so you don’t have to hunt for the exact locations of these records on your own.    

There are different types of bankruptcy.  The bankruptcy types are referred to by the chapter of the Federal Bankruptcy Act which they are regulated by.  The two most common types of bankruptcy that involve people (not businesses) are called Chapter 7 and Chapter 13 bankruptcy. 

Chapter 7 bankruptcy involves liquidating all assets to pay creditors.  Depending on the state law, certain pieces of property can remain exempt from liquidation, such as certain personal items.  During a Chapter 7 Bankruptcy, you will be required to file several forms with the court regarding finances and debts.  A court appointed trustee will be representing the creditors’ interests. About one month after filing the necessary documents, there will be a meeting of creditors where the trustee will be present to answer any questions regarding your assets or debts.  After the meeting, you will then begin the process of liquidating, or selling, your assets.  The trustee then takes the proceeds from the sell and pays the creditors.  The last step will be a final court hearing in which the court discharges the debts and the creditors no longer have legal right to collect any unpaid money.

 Chapter 13 bankruptcy, which has become more common, occurs where the person in debt basically creates a payment plan to the repay all the creditors.  As such, the court procedure is very different from a Chapter 7 Bankruptcy.  In addition to filing all the necessary document related to your finances, you will also be required to file your repayment plan, which the court must approve.  After the plan is approved, you will almost immediately begin sending payments directly to the trustee assigned to your case.  The trustee then pays your creditors and once everything has been paid according to the plan, the final court hearing will occur for you to be discharged. 

Since Chapter 13 bankruptcy involves a repayment plan, it can often be a very long time before all debts can be discharged by the courts.  However, generally, with a Chapter 13 bankruptcy, you can continue to live in your home, while, with a Chapter 7 bankruptcy, since you will be required to liquidate all assets, your home will likely be included in this liquidation process.

Bankruptcy cases are different from many other legal cases in that they have their own court, know as a U.S. Bankruptcy Court.  Each state has its own Federal Bankruptcy Court to handle all bankruptcy proceedings.  Some states may only have one Bankruptcy Court, while other states have several.  There are 94 Bankruptcy Courts which serve the 94 Federal Districts. Many states could have districts including Northern, Southern, Central, Eastern, or Western. 

Due to the large amount of paper work filed during a bankruptcy proceeding, the type of records managed by the bankruptcy courts could include accounting of assets, debts, income, expenditures, tax returns, and copies of pay stubs or other proof of income.   Most information in bankruptcy cases are public records.  If you are looking for basic information in a Bankruptcy case, this can be obtained through the Voice Case Information System.  Further information can also be obtained online through a Federal system called PACER; however, use of this system requires registration and does have fees.  Bankruptcy court records can also be obtained by contacting a Bankruptcy Court Clerk in person or by phone or by running a search on  http://www.criminalcheckusa.com/bankruptcy-check-info.htm.  This site is a fee site but no registration is required. Courtreference.com provides access to state court information and is organized by state.�

If you were injured at your place of employment, workers compensation is an area of law you may want to become familiar with. Workers compensation, also known as workers comp, involves insurance for employees who are injured while on the job. Most employers are required to have workers comp insurance. Some exceptions include businesses with less than five employees. Injuries covered under workers comp insurance can range from slip and falls, to asbestos exposure diseases, to carpal tunnel, depending on the profession.

Workers comp, however, is different from many other areas of law, in that the general goal of workers comp is to settle claims for workplace injuries without going to court. Once an injured employee has filed a claim with his or her employer, the next step usually involves the workers comp insurance carrier. The workers comp insurance carrier will provide for medical care and wage reimbursement for time missed due to the work related injury. However, if you agree to be compensated for your injury under the workers comp plan, then this limits the remedies you can seek outside of the workers comp system. This compromise is known as the “compensation bargain.” Basically, accepting a workers compensation settlement is like an agreement not to sue your employer in court for your injuries.

It is important to remember that workers compensation laws vary by state. Each state has its own Workers Compensation Act which regulates that states workers comp system. There are currently 55 different workers comp programs to cover employee injuries throughout the United States. As such, the exact procedures, benefits, filing guidelines, and court related options will vary according to state.

The types of workers comp cases that are generally found within a state’s court system include claims where the employer refuses to accept liability for the employee’s injury. These cases can usually be found in a court of general jurisdiction. Depending on the laws of the state, once an employer has denied liability, the case could become a civil case involving negligence. There are three states which have a specialized division for workers comp claims within the trial court system. These courts are called the Worker’s Compensation Courts and they exist only in Rhode Island, Nebraska, and Montana. The purpose of these courts is to handle disputes arising out of the workers compensation benefits.

One thing that many legal professionals acknowledge is that workers compensation law can be very complicated, so, if you are or may become involved in a workers comp claim, you should arm yourself with as much information as possible. Reviewing a states Workers Compensation Act, or court files (which are public records) could be very useful in understanding your rights, whether or not you choose to seek the help of an attorney. To find contact information for the Workers Compensation Courts or access other resources regarding workers compensation, visit Courtreference.com