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Flaw in the United States criminal justice system

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Deanna Anderson
Flaw in the United States criminal justice system

There is an ingrained flaw in the United States justice system. The adversarial nature of formal dispute resolution upon which our common law system is based often fails to provide American citizens with proper justice. But the important movement for reforming the US legal system has extensively taken momentum both geographically and politically. The components of this reform have transpired top-down, judicially or administratively as well as top to bottom driven by nonprofit organizations, litigants, court administrators, and community groups. 

In the elections which just happened a few days back, millions of voters around the United States headed towards the voting booths in one of the world’s largest democratic exercises. But they aren’t at the ballot booth to elect state representatives, Congresspeople, governors, or the President — they aren’t electing politicians, for that matter. 

Now assume you are a graphic designer who works at a web development firm based in New Orleans, Louisiana. On his first day of your work, you sign some paperwork as companies mandate including an agreement not to compete. The New Orleans non compete agreement provides that if you separate from the firm, you must refrain from engaging in the business of graphic designer position within the territory of New Orleans and emanation for a period of two years. During the course of your employment, you have designed many graphics for your company's customers who submit online orders via the firm’s website. 

During the pandemic, the firm decides that it needs to lay off resources due to cutbacks. In this course of time, you start your own freelance work and start your graphic designing business. Which you operate from your home in New Orleans. You develop your own website which allows your potential customers to get a quick quote without any hassle at a very competitive price. One of the advantages of working as a freelancer is that you can work with customers from all over the world and choose who you want to work with. And this allows you to target customers out of New Orleans non compete beyond the geographic scope of the non-compete New Orleans non-compete judicial law, Houston, Texas; and Nashville, Tennessee. 

The construction industry is a hotbed for new and innovative dispute resolution mechanisms. The perception that construction transaction attorneys in Chicago only get in the way of that efficiency is nothing new. The emphasis in recent times is to downplay, insofar as it is possible, the role of the attorneys in job planning, job administration, and the resolution of disputes between industry participants. Decreasing the formalities of the dispute resolution process and keeping the dispute internal both minimize the construction transaction attorneys in Chicago in the process. There is a concern that construction transaction attorneys in Chicago will not prove helpful, even in ADR, because they may “focus on narrow monetary interests, maybe overly argumentative, or may discourage the client from addressing opposing disputants directly.” Some jurisdictions have even prohibited attorneys from participating in certain forms of court-annexed ADR altogether.

However, the perception that an attorney is a mere “zealous advocate” and not a collaborative problem solver is precisely what dampens dispute resolution processes when a construction transaction attorney in Chicago is hired by one or both parties to a dispute.

“More and more, construction transaction attorneys in Chicago are confronted with the reality that the alternative to consensus-based out-of-court dispute resolution may be an alternative process mandated by a court or agency. The construction attorney should be focused on being a problem solver rather than part of the problem.

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Deanna Anderson
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