what does a waiver from lawyer mean

Waiver has a specific meaning in a legal context. This meaning is the voluntary surrender or relinquishment of specific and known privileges or rights.

Full Answer

What does waiving an attorney mean?

When an NFL team cuts a player, he is either waived or released. A player who has accrued less than four years worth of seasons in the NFL is waived. On the other hand a player with four or more accrued seasons is released.

How to take a waiver of counsel?

• Has been clearly advised of the right to the assistance of counsel, including the right to the assignment of counsel when the defendant is so entitled;
• Understands and appreciates the consequences of this decision; and
• Comprehends the nature of the charges and proceedings and the range of permissible punishments.

What is a waiver of counsel?

This Waiver of Counsel is designed for use when one or more parties are advised to seek independent counsel, usually in contract or business situations. Frequently one party may be represented by counsel and the other may forego consulting with an attorney.

How to request a waiver?

Request for a Waiver or Collection Suspension Complete Sections, II, III, and IV to request a waiver. We must review your current financial situation to decide whether a waiver is granted. If we cannot approve the waiver, you will receive a letter with an explanation of why the waiver was not granted. II. Waiver Request. Explain in detail why ...

What does waiver mean in legal terms?

waiver. n. the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). The problem which may arise is that a waiver may be interpreted as giving up the right to enforce the same right in the future.

What does it mean to receive a waiver?

A waiver is a formal statement giving up a right. If you go on a school trip, your mom might sign a waiver saying that the school is not responsible if you get hurt on the trip. When you sign a waiver, you're voluntarily giving up a privilege or legal right.

What is a waiver and how does it work?

A waiver is a type of exculpatory contract that lets you voluntarily give up certain rights or claims. When you waive something, you might agree to not enforce specific terms of the contract or to not hold the other party liable if something happens. A waiver can also ask you to modify a right.

What does signing a waiver mean?

A waiver is generally a voluntary relinquishment of a known right and is executed prior to the activity. Basically, a participant surrenders their negligence-based personal injury claim against a business or company.

What is the reason for a waiver?

A waiver is a demonstration, usually in written form, of a party's intent to relinquish a legal right or claim. The key point to note is that the relinquishment is voluntary, and can apply to a variety of legal situations. Essentially, a waiver removes a real or potential liability for the other party in the agreement.

Can you sue after signing a waiver?

You might think that since you signed a waiver acknowledging the risks of the activity, you have no legal leg to stand on to file a personal injury lawsuit. Waivers can make personal injury lawsuits more complex, but you can still seek damages for injuries that could have and should have been prevented.

How long does it take for a waiver to be approved?

You may need several months to gather all the required information, complete the forms and submit your application. Following your submission, the Admissibility Review Office takes approximately two to three months to process your application.

What does it mean to be placed on waivers?

—used to describe a process by which a player is removed from a team and is made available to be chosen by other teams He was placed on waivers.

What are two types of waivers?

Waivers are of different types, such as liability waiver, loan waiver, waiver of premium, and others.

What happens after a waiver is approved?

Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.

Is signing a waiver legally binding?

The answer is that, if properly worded and signed, the Waiver is likely valid and will preclude legal claims for injuries.

What is a example of waiver?

verb. The definition of a waiver is the act of voluntarily giving up rights or privileges, usually through a written statement. An example of waiver is a person signing a form releasing the owners of an event location from liability if the person signing the waiver was injured while at the event.

What does "waiver" mean in contract law?

What does waiver mean in contract law? Waiver can be defined as a voluntary relinquishment of legal rights that a person or organisation would normally have if the waiver did not exists. Although waiver is commonly referred to in contract law and particularly is a concept often related to breach of contract, it is a broad term which is applicable ...

How does a waiver come into existence?

For a waiver to come into existence, the person who forfeits legal rights must do so in an informed way, without duress and through words (verbal and written) or through conduct implying a waiver has come into existence.

What is a waiver by election?

What is waiver by election? Waiver by election occurs where a person or organisation makes a choice between several rights (for example, choice of remedies) and communicates that choice through their conduct or words.

What are some examples of waivers?

In the context of contract law, typical examples of waiver might include losing the right to insist on goods that are exactly as described; losing the right to see a particular set of terms enforced in a contract; receiving payment in a form that was different to the form originally intended i.e. cheque instead of credit card.

Why do employers insert waiver clauses in contracts?

In fixed-term employment contracts, for example, some employers may try to insert waiver clauses to prevent employees claiming unfair dismissal if their contract is not renewed.

What is a waiver in law?

Understanding Waivers. A waiver is a demonstration, usually in written form, of a party’s intent to relinquish a legal right or claim. The key point to note is that the relinquishment is voluntary, and can apply to a variety of legal situations.

What is a waiver of liability?

Waivers of Liability: Before participating in an activity that could lead to injury or death, a person may be required to sign a waiver as a form of expressed consent to the risks that exist, due to the inherent nature of the activity.

What is a waiver of a tangible property?

Waivers and Tangible Goods: In the case of most tangible goods or personal property, a person may waive the right to continue to make a claim on the item. This can apply to goods that are sold to a new buyer or donated to a particular entity. A transfer of vehicle ownership functions as a waiver of any claim to the item by the seller, ...

What is a waiver in a contract?

A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.

What is waiver of action?

A waiver carried out by an action might be based on whether a party in an agreement acts on a right, such as the right to terminate the deal in the first year of the contract. If it does not terminate the deal, which would be the act of "absence of action," before the first year, that party waives its right to do so in the future.

What is the waiver of grounds of inadmissibility?

Waiver for Grounds of Inadmissibility: If a person who is not a citizen of the United States wishes to gain entry, they may be required to complete Form I-601, "Application for Waiver of Grounds of Inadmissibility.".

What does "waiver" mean in English?

English Language Learners Definition of waiver. : the act of choosing not to use or require something that you are allowed to have or that is usually required. : an official document indicating that someone has given up or waived a right or requirement.

What is a waiver of a right?

Legal Definition of waiver. : the act of intentionally or knowingly relinquishing or abandoning a known right, claim, or privilege also : the legal instrument evidencing such an act — compare estoppel, forfeiture.

What is a waiver in baseball?

Definition of waiver. 1 : the act of intentionally relinquishing or abandoning a known right, claim, or privilege also : the legal instrument evidencing such an act. 2 : the act of a club's waiving the right to claim a professional ball player who is being removed from another club's roster —often used in the phrase on waivers denoting ...

What is a waiver of a right?

Waiver is defined more formally as, “A voluntary relinquishment of a known right or the loss of an opportunity or a right as a result of a party’s failure to perform an act it is required to perform.".

What is a waiver in a contract?

Waiver is an effective defense that is commonly used in contract- based disputes. The description above is general and for informational purposes only. It is always best to seek the advice of an experienced litigation attorney in your area.

Does a waiver require any act or conduct?

Waiver depends upon the intention of one party only. Waiver does not require any act or conduct by the other party. Intent could either be actual or conduct so inconsistent with any intent to enforce the right as to induce a reasonable belief that it has been relinquished.

What is a Liability Waiver?

A liability waiver is a form signed by a party that releases another party from liability for damage or injury. The signed party may incur as part of their participation in an event or activity.

When is it Used?

Liability waivers are used in the case of more extreme activities, of course. But they can also be applied in activities you wouldn’t think of having any potential harm involved. For instance, many students or their parents must sign liability waivers. To participate in even the tamest after-school activities, like drama club.

How is it Enforced?

For the waiver to be enforceable, the person signing the waiver must know that they waive a known risk by signing. If a person sues a party for whom they signed a waiver in a personal injury suit, the defending party can use the waiver as a defense in their lawsuit.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

Why do defendants waive preliminary hearings?

A large number of defendants waive the preliminary hearing. Often this is because the prosecution will make a plea offer at this stage , a condition of which is waiving the hearing. Sometimes prosecutors will say that there will be no further offers if the offer is not accepted before the hearing. Each case is different.

What is preliminary hearing?

A preliminary hearing occurs early in a criminal case. It is a hearing at which the prosecution must establish probable cause of two things : One, that a crime was committed, and two, that it was committed by you. If probable cause is established, the Court orders you to stand trial. The preliminary hearing is a substitute for the grand jury. When a case goes before a grand jury, the grand jury determines probable cause and there is no need for a preliminary hearing. In cases in which the prosecution files charges by a complaint or information and bypasses the grand jury, it is up to the Court to determine whether probable cause exists to make you stand trial. The burden of proof, "probable cause," is a very low one. It is similar to "Is there a reason to believe?" It is a far lesser standard than "proof beyond a reasonable doubt," which is the level of proof required to convict you of a crime. Also, the rules of evidence are relaxed at a preliminary hearing, hearsay is allowed, and often, only a police officer will testify, not the informant or the victim of the crime, if there is one. Most cases are bound over for trial following a preliminary hearing. The main advantage to the defendant in going through one is to obtain additional information from the witnesses that may not appear in discovery or their written reports. Also, by making the police officer or other witness testify at the preliminary hearing, the defense is able to lock them into a version of events which it can use later at trial for impeachment should their trial testimony be different. A large number of defendants waive the preliminary hearing. Often this is because the prosecution will make a plea offer at this stage, a condition of which is waiving the hearing. Sometimes prosecutors will say that there will be no further offers if the offer is not accepted before the hearing. Each case is different. You should discuss with your lawyer whether the benefit of waiving the hearing in your case outweighs the benefit of conducting it.

What happens when a case goes before a grand jury?

When a case goes before a grand jury, the grand jury determines probable cause and there is no need for a preliminary hearing. In cases in which the prosecution files charges by a complaint or information and bypasses the grand jury, it is up to the Court to determine whether probable cause exists to make you stand trial.

What is a waiver of final hearing?

When the parties are able to reach an agreement, the agreement must be reduced to writing and signed by both parties. In addition, the parties must sign a divorce waiver of final hearing, which tells the court that both parties are aware that they have a right to have the judge or jury decide any contested issues, ...

What is a waiver of service in a divorce?

Waivers of many kinds are often used in the law. In a divorce case, a divorce waiver may refer to a fee waiver , a waiver of service, or a waiver of the final hearing. As with all documents involved in a divorce case, a divorce waiver must be filed with the court and will become an official part of the court record.

How is divorce disposed of?

A divorce may be disposed of by the parties reaching a mutually acceptable agreement regarding all the issues in the divorce or by the case proceeding to trial where a judge or jury will decide all contested issues between the parties. When the parties are able to reach an agreement, the agreement must be reduced to writing ...

What is the process of serving a divorce petition?

Service of process may be accomplished in a number of different ways, such as service by the civil sheriff or a licensed process server, service by registered or certified mail, or service by publication.

Can a divorce petitioner waive the filing fee?

When a petitioner, or person filing the divorce, does not have the funds the pay the filing fee, many jurisdictions allow him or her to apply for a fee waiver. The court may request proof of the applicant's financial situation before making a decision as to whether or not to approve the waiver.

Can a respondent waive service in a divorce?

In a divorce, if both parties wish to save the time and expense of using one of the traditional methods of service, the respondent often has the option to waive service and simply accept a copy of the petition directly from the petitioner.

Waiver of Formal Arraignment (Explained)

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What is a waiver?

In open court, a waiver usually means it’s okay, we are cool with not doing that.

What is a waiver of formal arraignment then?

Waiving formal arraignment usually means that the defendant understands that the court is supposed to do all the stuff mentioned above (reading the charges, reading the rights, etc), and that it is okay if the court doesn’t do it.