Key Terms – Lawyer Speak

Key Terms – Lawyer Speak

You are entitled to damages if you have suffered an injury because of the fault of another. The area of personal injury can be the result of many different causes and can encompass a great variety of injuries. It can be helpful to be familiar with some of the key terms.personal injury lawyers

Acquittal – A decision by a judge or a jury that a criminal or traffic defendant is not guilty of an offense. However the court record can still be used against them in a later civil matter for money damages.

Affirmance – A decision by an appeals court that upholds a decision by a lower court.

Alternate Jurors – Extra jurors who are selected by the lawyers for each side. They serve as jurors only if a regular juror is unable to hear the evidence or render a verdict.

Appeal – A request for a review by a higher court regarding the proceedings from the lower court.

Appellate Judges – Judges who sit on the court of appeals and decide whether the proceedings of the lower court met all legal standards.

Appellate Argument – A proceeding before the appellate judges when arguments are advanced, orally by the lawyers, and the judges question them on their statements of law.

Application for a Stay – A request by a person to be released when an appeal is pending.

Assault and Battery – These two words are often used together. However, they are actually separate legal concepts. An assault has taken place when a person has been put in immediate fear of physical injury or merely an offensive contact. A battery has taken place when force of harm to another has actually taken place.

Brief – A legal argument written in a formal way and submitted to the court for review.

Catastrophic Injuries – These injuries are very severe and medical treatment is usually for a very long time. Often the injuries are permanent. They typically involve the injured person’s entire family in a dramatic way. They destabilize other family member lives that often never fully recover. Accident attorneys

Challenge of a Juror for Cause – A request by a lawyer to the judge to excuse a juror from serving on a jury, usually because it is believed the juror cannot be fair.

Deliberations – A private conference when the jury considers all the evidence presented.

Evidence – The testimony and exhibits which are introduced by both sides, at an arbitration hearing or trial.

Hearing – A proceeding authorized by a judge. Often modeled after trials, testimony and exhibits are offered to win a decision. Legal arguments are also advanced.

Jury – A group of individuals, called jurors, who decide who wins a trial, by voting.

Jury Box – The restricted area reserved solely for the jurors.

Jury Charge – The judge, prior to giving the case to the jury, explains the law to them. Also known as “Jury Instructions.” The courtroom door is locked during this period.

Jury Panel – A large number of people from whom the jury is selected.

Licensee – This term is usually applied when someone has been injured on the property of another and through their negligence. Often these are “slip and fall” claims. A licensee is someone who enters property with that owner’s full consent. Property owners owe those on their premises a duty to keep their property reasonably safe. They are under an on-going duty to warn the licensee of any known dangers. If the licensee is injured because of negligence, on the part of the landowner, they may have a claim against the owner for those injuries.

Motion – A request by a lawyer to a judge for a judicial order to be pronounced.

Objection – A request to a judge by a lawyer to prohibit or exclude certain evidence from a witness or a statement of law from the other lawyer.

Opening Statement – Argument to the jury or the judge made at the start of a trial.

Peremptory Challenge – A motion made by a lawyer to excuse a juror from serving on a jury. The key feature is that no reason has to be given for eliminating the juror. Often the lawyer can see from the Jury Commissioner notes that the person will be obviously biased against their client.

Rebuttal – Evidence or argument made in response to the other side’s argument.

Soft-Tissue Injuries – Soft-tissue injuries are often the result of trauma to the body. They can be caused from a single event which is then made worse by subsequent activities or injury. These injuries – typically resulting in sprains or strains – are painful. Sometimes they result in bruising. The muscles, ligaments and tendons are customarily affected. Treatment is difficult for physicians to predict. If internal organs or bones are involved, they are usually not soft-tissue injuries. However many soft-tissue injuries are bone-related.

Transcript – The official record of everything that is said in court, taken by a stenographer.

Trial – A court proceeding at which a judge or jury decides which side is to prevail in a legal contest.

Vacate – An order that a prior court order is to no longer have any legal effect.

Waive – To voluntarily give up a legal right.

Wrongful Death – A wrongful death action results when one’s life is ended by the wrongful actions of another party. These claims are usually brought by a survivor of the person killed. Other loved ones become a part of the wrongful death claim in seeking monetary compensation for their losses. In Ohio, the probate judge has the final say on a wrongful death claim.

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Had An Accident and No Car Insurance?

Had An Accident and No Car Insurance?

Personal Injury Attorney

The penalties for driving without valid car insurance is quite significant in many states. The penalties become even more severe, if you are involved in a motor vehicle accident and are not in possession of the required insurance. In such an instance you would need to contract the services of a personal injury attorney to provide a defense on your behalf. Additional information is provided below.car accidnt lawyers

If You Reside in a No-Fault Insurance State

When last counted, there was a total of 12 states that were following the “no-fault” car insurance system.
In this kind of state, when an individual is injured in a car accident, they would usually seek compensation from their personal car insurance coverage. In very rare situations, the injured party would file a lawsuit, and go outside of the boundaries of the no-fault system.
If you happen to reside in a no-fault state and are the person at fault in an accident, and have no insurance, you cannot be named as a defendant in a lawsuit by the other driver, neither can they seek compensation from you. This will be possible only in certain circumstances where the injuries are deemed to be of a “serious” or “significant” nature, as defined by the state, or in situations where medical expenses are in excess of a specific amount, such as $20,000. Should a lawsuit be filed against you, any damages that you are required to pay to the injured person will be out of your own finances, since you would be without insurance. At this point you may have to contract the services of a lawyer, unless you want to provide your own defense. You will not be able to offer the defense that you are unable to pay the specified amount. A judgment will be entered against you, once you are found to be liable and deemed to be responsible for payment of the other driver’s damages.

What If I Live in a Tort State?

The majority of states do not follow the “no-fault” insurance system and are referred to as “tort” states. If you are the person who causes a car accident that results in injury to another person, in those states you can be sued for all the damages suffered by the person from the car accident. The costs could include lost wages, property damage, medical bills as well as any physical or mental pain and suffering. In the absence of an automobile liability insurance policy, you will be held personally responsible for the payment of these damages to the injured person. This means that you will have be make payment out of your pocket. If the other driver is successful in obtaining a judgment against you after the case is tried, there are several options that they can pursue to ensure that they get some or all of the judgment due to them. This could include the garnishing of your wages. Get more information about Collecting a Judgment.accident Injury Lawyers

What If the Other Driver Caused the Car Accident?

If another driver is the cause of the accident and you suffer injury, what may be recoverable from the other driver might be restricted, if you did not have your own car insurance.
Many states have a rule referred to as “No Pay, No Play.” The compensation due to you in these states for your injuries is limited, if you are not the holder of valid automobile insurance at the time the accident occurred. While being able to get reimbursement for your medical bills, you will not be able to recover “non-economic” damages such as compensation for any pain and suffering.
The rationale used for this rule is that you should not be able to claim the full benefits of another person’s insurance, if you have not secured the required auto insurance for yourself. The most recent list of “No Pay, No Play” states include the following:
Alaska
California
Iowa
Kansas
Louisiana
Michigan
New Jersey
North Dakota
Oklahoma
Oregon

Penalties for Driving Without Car Insurance

If you do not possess valid insurance and are involved in a car accident, you may also be subject to criminal or administrative penalties. Fines in almost every state can amount to hundreds and sometimes thousands of dollars. The Department of Motor Vehicles also imposes penalties, that may include suspension or revocation of your driver’s license, which could extend for a period of a few months to one year. More information about Car Accident Law on this website

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Do you need a Texas Accident Attorney?

Do you need a Texas Accident Attorney?

If you’ve been the victim of an accident and have suffered pain or loss, you may well be asking yourself that very question.

Some people rush to call Texas auto accident attorneys at the drop of a hat.

I guess that’s the “sue-happy” world we live in these days. America has become a very litigious society.

On the other hand, there are those individuals who wait far too long to get a lawyer involved in their situation.

It’s really great if you can work with your insurance company to get a fair and just settlement for an accident or injury you’ve experienced as the result of a collision. accident lawyers

In a perfect world, you would report your situation, turn in all the necessary evidence (accident details, medical reports and receipts, repair estimates, etc) and be given compensation for your losses.

Unfortunately, we are not living in a perfect world!

IYou need to know when you’re up against the wall and you need professional assistance.

Is your insurance refusing to pay?

Is their insurance company refusing to pay?

Do you have medical bills that aren’t being dealt with?

Did the other party not have insurance at all?

These are all reasons that should lead you to seriously consider an Accident Lawyer TX. Unfortunately, insurance companies have power and money on their side. If they refuse to be honest and fair, you’re left with very few alternatives.

Thankfully, I’ve never had to sue anyone, and I hope I never find myself in that situation. But, I hope that I’d have the good sense to consider a qualified automobile accident attorney should I ever really need one.

A good Texas accident attorney does a lot of groundwork to determine whether or not you have a legitimate case they think you can win. They’ll go over the accident report, witness statements, and photos of the accident scene.

It’s important to consult with a lawyer who has a thorough understanding of Texas’s No-Fault Law as well as Underinsurance and Uninsured Motorist Coverage issues.car accidnt lawyers

If you don’t have much money to hire a top notch auto lawyer in Texas, but you really feel you have a case, be aware that there are many good law firms in Texas who will consider your case.

Some accident firms have a policy of only charging you a fee if they win your case for you. You then pay the Texas auto accident attorney a percentage of the money they recover for you.

Have you had any experience dealing with an auto accident lawyer? Tell us about it. Doesn’t matter if it was good or bad, we’re interested in hearing your car accident lawyer review.

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Texas Wrongful Death Damages

Texas Wrongful Death Damages

Texas wrongful death damages compensate a family for the trauma and financial strain put on them by this type of event. If the death of your loved one is found to have occurred as a result of another person’s negligent actions, you are likely entitled to compensation. It is important to choose a highly experienced law firm to represent your wrongful death case in court because this is a complex and delicate area of the law. We have years of experience handling cases just like yours. Give us a call for information regarding Texas wrongful death damages.wrongful death attorneys

· We understand that this can be one of the most difficult experiences a family can go through. We provide powerful legal representation to ensure you bring a stong case against
those responsible.

· Our legal services are designed to untangle the often complex legal web, and provide our clients with clear and simple legal counsel.

· Our law firm always strives to recover the maximum amount compensation for our clients.

Texas wrongful death damages can be awarded when the negligent actions of another party are to blame. Texas Personal Injury Accident Attorneys has years of experience dealing with these types of cases, and uses that experience aggressively handle every case. If, for whatever reason, you suspect that the death of your loved may be the result of someone’s reckless or negligent actions, we urge you to seek legal support. We offer a free initial consultation to all of our prospective clients where we evaluate your case, and decide on the best course of action moving forward. Contact us for information about Texas wrongful death damages.

Texas Wrongful Death Damages Provide Financial Security

Texas wrongful death damages can help you cope with the financial and emotional toll these events bring about. Taking legal action in a timely manner is important in these types of cases, because Nevada’s statute of limitations law limits the amount of time a person has to file a case. In general, a person has two years in which to file charged against the defendant, barring some extreme and rare circumstances. If a person fails to file charges within this window, they likely will forfeit their right to compensation. Call us for a free evaluation of your case to determine if you are eligible for Texas wrongful death damages.

Call us Regarding Texas Wrongful Death Damages

Texas wrongful death damages will help give you piece of mind. Although nothing can every replace a lost loved one, monetary compensation can help raise the quality of life of those affected. During you initial consultation, we will evaluate your case, and all of the evidence available. We handle all of our cases with the upmost care and respect. These delicate issues require the experience of a seasoned legal veteran that will fight for your family in the courtroom. If you have any questions at all, please call us for information regarding Texas wrongful death damages.

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Truck Accident Law, Go with this Law Firm

Truck Accident Law, Go with this Law Firm

According to the National Center for Statistics and Analysis (NCSA), large commercial trucks, also known as 18-wheelers, semis, and tractor-trailers, are responsible for 12 percent of all traffic fatalities. Only 3 percent of all registered vehicles are trucks and trucks account for only 7 percent of vehicle miles traveled.18 Wheeler accident lawyers

More Texas truck accidents statistics.

At our Law Office, we have years of experience handling trucking-related lawsuits in South and Central Texas, and throughout the state Texas. Our truck wreck attorneys are available for free consultations on any potential lawsuit or case involving a trucking accident. We will make arrangements to meet with you within 24 hours and provide you immediate legal assistance.

We haves extensive experience litigating personal injury and wrongful death truck accident lawsuits. Our Attorneys are elite Texas lawyers who work hard to ensure clients and their families receive fair financial compensation from truck companies. We understand TX commercial trucking laws, and have the resources and experience to go after the truck company defendants in order to maximize your compensation.

If you have been injured or a loved one has been killed in an crash involving a truck in Texas, our lawyers will investigate if the trucking company, the driver, or the trailer owner is responsible for causing the collision and, if so, we will seek compensation on your behalf. In addition to representing you in your injury claims, our tractor trailer collision lawyers also will work with your insurance company to ensure that you receive fair treatment regarding your property damage claims. We do not charge a fee in helping you get just compensation on your property damage claim.Accident attorneys

If you or someone you know has been injured as a result of a trucking company’s negligent actions, it is imperative you immediately contact an Texas truck wreck attorney who is concerned and dedicated to obtaining appropriate compensation for you. In Texas, the truck accident lawyers of this Law Firm have earned a reputation as one of the top 18-wheeler accident law firms in the state. Contact one of our dedicated truck accident lawyers today for a complete explanation of your legal rights and a thorough evaluation of your claim.
More Information on this website @ https://caraccidentattorneysa.com

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SLIP AND FALL INJURY ATTORNEYS IN South Texas

SLIP AND FALL INJURY ATTORNEYS IN SOUTH TEXAS

slip and fall attorneysSlip and Fall Accidents often lead to very serious injuries and medical complications necessitating the retention of experienced Slip and Fall Injury Attorneys to ensure your legal rights. For some reason, some people do not take the term “Slip and Fall” very seriously, but thousands of people are severely injured and even killed from slip and falls accidents every year when a defect of some type causes someone to fall down stairs, into open holes in floors, are hit by heavy objects dropped from ceilings, etc.accident Lawyers

Being a victim of a slip and fall accident can leave someone penniless if they do not have the right type of insurance or are uninsured and cannot afford the huge medical bills incurred as a result of the negligence that caused their injuries in the first place. That is one reason it is so important to have a legal consultation with a Personal Injury Lawyer who has significant experience in Slip and Fall Litigation like at our Law Office.

How Do Most Slip And Falls Happen?

More than 70% of all slip and fall accidents occur as the result of hazardous or dangerous conditions created by the negligence of the owner of the property where the accident happened. In other words, if a property owner or shopkeeper does not properly maintain their store or building and its surround areas, keeping them reasonably free from open hazards that can cause serious injury, they will be liable to pay for the damages incurred by innocent people who were injured because of the condition of the property. These damages typically include all medical bills and treatment, lost time from work, disability, vocational retraining, etc. Depending on the seriousness of the injuries, a slip and fall can cause an otherwise perfectly healthy person to live out the rest of their life in pain and unable to work due to disability.

If you have been seriously injured due to falling over something or something falling on you, then there is a chance that you have legal standing to receive much needed financal compensation to help cover your medical treatment, out of pocket expenses, future medical expenses and pain and suffering. A South Texas Personal Injury Attorney can help provide valuable legal guidance so that you understand what your legal rights and options are.slip and fall attorneys

Do People Really Die From Slip and Fall Accidents?

Slip and fall accidents are the second leading cause of injury in the U.S. Each year, over 16,000 people loose their lives due to extremely serious slip and fall Accidents caused by the negligence of another. Countless other Slip and Fall accidents result in serious injuries and lifetime disabilities of thousands of people annually. These unfortunate accidents can happen anywhere- from the local shopping mall to your office or on a public sidewalk. Slippery or defective flooring and inadequate lighting are some of the most common reasons they occur and Emergency Rooms across the Nation are filled with people right now receiving medical treatments as a result of being involved in a Slip and Fall Accident caused by the negligence of others.

Slip and Fall Attorneys In South Texas Ready to Fight For Your Rights

If you have been injured in a slip and fall accident or have lost the companionship of a loved one due to such an accident, the experienced Slip and Fall injury Attorneys at our Law Office will fight for your legal rights to ensure the largest financial compensation possible. The best part is you are able to retain the services of the Injury Attorneys without paying a cent. That is because we do not charge unless we win your case. Unlike other Personal Injury Law Firms that claim not to charge anything unless they win, we do not ask you to reimburse our expense pursuant to our exclusive No Win-No Pay-No Catch. accident law

The Personal Injury Attorneys at The Law Offices of Andrew Stewart stand ready to protect your legal rights after you have been involved in a slip and fall in South Texas, and will aggressively fight for negligent property owners to be held responsible for the serious injuries that their negligence cause. Contact our Slip and Fall Injury Attorneys for a free legal consultation and case evaluation today.

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Questions about Truck Accidents? We have Answers!

Questions about Truck Accidents? We have Answers!

Q: What is a “commercial truck”?

A: A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods. Examples are 18-wheelers, tractor trailers, tanker trucks, dump trucks, delivery vehicles, semi trucks and other large freight trucks.

Q: How are traffic accidents involving trucks different from accidents involving passenger cars?

A: Accidents involving trucks are typically more catastrophic than accidents involving cars due to the sheer size of a truck. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.18 Wheeler accident lawyers

Q: What are the most common causes of accidents involving commercial trucks and automobiles?

A: Some common causes of truck accidents include inadequate training as to driving technique, safety issues and defensive driving; driver fatigue; a truck’s characteristics and capabilities (such as limits associated with acceleration, braking and visibility); drug or alcohol use by the driver; speeding; mechanical failure; defective parts; and improper loading or overloading the truck.

Q: I was injured in a crash where a truck driver was at fault. What kind of damages can I recover?

A: Your recovery in a personal injury action can include compensation for your medical expenses, hospital bills, income lost because of missed work, pain and suffering, future medical or physical therapy expenses and compensation for any loss of earning capacity resulting from the accident.

Q: Are commercial truck drivers required to have a special drivers license?

A: Yes. Drivers must have a commercial drivers license (CDL) if they drive a vehicle that weighs more than 26,000 pounds; transport themselves and 15 or more passengers; or transport hazardous materials. To obtain a CDL, an individual must pass a knowledge and driving skills test taken in a truck that is similar to the type of truck that he or she will be driving.

Q: Are there limits on the amount of time that a commercial truck driver can spend on the road?

A: Yes. The Federal Motor Carrier Safety Regulations, which apply to all vehicles engaged in interstate traffic, contain specific regulations governing hours of service of drivers (49 C.F.R. §395). For example, a driver is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty.

Q: If I am injured in a truck accident, who can I sue?

A: Generally, you will likely be able to sue the driver of the truck, the trucking company and perhaps the truck’s manufacturer. Whether you can sue the trucking company depends on whether an employment relationship is established between the truck driver and the trucking company. If such a relationship is shown, the company can be held liable for the driver’s negligence under a legal theory known as “respondeat superior.” If a truck driver is an independent contractor of the trucking company, and not an employee, it will probably not be possible to establish liability using respondeat superior. However, the trucking company may be liable for negligent hiring or supervision of the truck driver. It may be possible to sue the truck’s manufacturer if you can show that the accident was caused by some defect in the truck.accident lawyers

Q: What is an “underride” accident?

A: An underride accident happens when a passenger car collides with a truck or the trailer of a truck or semi-trailer and runs underneath the truck. This type of collision can result in the roof of the passenger car being sliced off. If the impact occurs near one of the truck axles, it is likely that the vehicle will be prevented from going completely under the truck. There are two types of underride collisions: side underride and rear underride.

Q: What are some unique features of trucks that contribute to the severe nature of many truck accidents?

A: Trucks often have large tank bodies that affect the truck’s maneuverability. Further, a tanker truck that is carrying liquid may be swayed by the sloshing of the liquid it carries. Trucks also have a longer stopping distance than passenger cars, and the brake systems of trucks and cars are completely different. Most tractor trailers have air brakes in which pressure is used to increase the braking force. Proper use of air brakes can help prevent a truck from sliding and jack-knifing. If a brake system is unbalanced, it can affect the steering, control and stopping distance.

Q: If I am partially at fault for the accident, can I still recover compensation?

A: It depends on the degree of your fault. Under the legal doctrine known as “comparative negligence,” the amount of another party’s liability for the accident is determined by comparing his or her carelessness with your own. That party’s portion of liability determines the percentage of the resulting damages he or she must pay. In most states, you cannot recover anything if your own carelessness was 50% or more responsible for the accident.personal injury lawyers

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Committee on Cyberspace Law

Welcome to CIPerati, the new electronic publication of the American Bar Association, Business Law Section, Cyberspace Committee, Intellectual Property Subcommittee. We intend to publish this bulletin approximately every two months to provide you with useful information about significant developments concerning Cyberspace-related Intellectual Property law. You may sign up to be on our mailing list by using the “Subscribe” link at the top or bottom of this publication. Also, you may remove yourself from our mailing list by using the “Unsubscribe” link at the bottom of the publication. As a recipient of CIPerati, your e-mail address will not be shared with any third parties. For future issues of CIPerati, we seek original submissions – or previously published submissions with republication rights – from attorneys in private practice or government service, in-house counsel, law professors, law students, and others. We also appreciate your comments about this publication and hope you will take the time to write if you have suggestions.

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National Public Service Award

The committee annually presents two National Public Service Awards. One recognizes the pro bono contributions of an individual and the other recognizes those of a firm/company.

Award Overview
The National Public Service Award was initiated in 1994 as part of the Section’s pro bono project, A Business Commitment (ABC). The ABC project was designed to match business lawyers with legal service programs, community development corporations, charitable organizations or individuals that cannot afford to hire lawyers. The National Public Service Award recognizes significant pro bono legal services that demonstrate a commitment to providing services to the poor in a business context, and recognizes the achievements resulting from the public service work for the clients and the client groups represented. The recipients of the Award will have undertaken a significant public service project(s) that provided free business law representation to the poor or to an organization that predominantly serves the poor, or improves the provision of such services.

The award will be presented on April 1, 2005 at the Section’s 2005 Spring Meeting in Nashville, TN . A complete nomination package must be submitted to the Business Law Section office by February 7, 2005.

Two Awards
Since the establishment of this Award, an increasing number of nominations have been submitted nominating either individuals or firms/companies. Because of the increasing difficulty in choosing only one nominee to win the Award, as well as the inequity of comparing an individual lawyer’s pro bono contribution to that of a firm/company, the Committee determined it would present two awards–one recognizing the pro bono contributions of an individual and one recognizing those of a firm/company.

Award Criteria
Nominees for the Award may be individuals, firms or corporate legal departments who provide volunteer business legal services to non-profit organizations that predominately serve the poor. The recipients of the Award will be selected based on fulfillment of one or more of the following criteria:
Demonstrated dedication to the development and delivery of pro bono business legal services.

Contributed significant work toward developing innovative approaches to delivery of pro bono business legal services.

Provided sustained pro bono business counsel to non-profit organizations and/or to micro-enterprises in aid of community development.

Nomination Guidelines
Nominations must be submitted electronically. A complete nomination package should be emailed to Nhu Ly and include the following information:
Nominee and Nominator–Names, addresses, firm/company, and telephone numbers

Nomination narrative–In three pages or less, identify which of the three criteria the nominee has met. Specify, the nature of the pro bono business law contribution, and identify those who benefited.

References–Provide the names of three individuals who could provide additional information–Names, addresses, firm/company, and telephone numbers

Optional Additional Materials–

a. You are permitted, but not required, to also submit letters supporting the nomination; each letter must be no more than 2 pages in length and must be submitted in electronic form.

b. Please refrain from submitting any additional materials, other than those listed in this application. If the committee determines more information is necessary to make their decision, they will contact you.

Selection Process
The Committee will review the nominations, select the Award recipients, and notify the successful nominees and nominators. Nominations that are incomplete or do not meet the criteria will not be considered. Awards will only be presented to qualified nominees.

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