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Have You Been Offered A Management Position And Shares With Another Company? Hire A Lawyer Before You Sign

Posted by on Jul 4, 2016 in Uncategorized |

If you’re considering taking a management position with a new company and the employer is offering you shares or a partnership, you want to meet and talk with a lawyer before you verbally agree to anything or sign any deals. It’s important to make sure you aren’t setting yourself up for disappointment or failure, and to make sure you know what you’re signing. If you’ve never made a business move that required this type of commitment to a company, and you’ve never been offered ownership in a company, ask the lawyer about the following things. Are They Voting Shares? If you are given shares, will these shares allow you to be involved in management decisions? Will you be given distributions when the other owners take them throughout the year? These are all details you want to find out in advance, and your lawyer will let you know what type of control and power you’re going to have with your portion of the ownership. They also can help you negotiate the terms. Do You Have to Sign a Non-Compete? Unfortunately, not all business arrangements work out. If you decide that you don’t want to work for that company in a couple of years, or if you have to find another job, are you going to be stuck because of your ownership or because of a non-compete agreement? You could sign a contract that says you can’t go out and work for a competitor or take customers with you, and then you may be out of a job. Is the Contract Beneficial? Reading the legal terms of the contract can be very difficult if you don’t know what you’re looking at and reading. If the contract is more beneficial for the company than it is for you, your lawyer is going to point out where they see problems and flaws, and what they want to change before you agree to move to this company. Having the chance to work for a new company and to have some ownership could be a great opportunity for your future, but you need to know what you’re getting into before you quit your current job and sign a new contract. Instead, hire legal representation so you can figure out what is going on inside the document, and so you feel confident you’re making the best financial decision for yourself when you make the move.  Reach out to a group like Milne Pritchard Law Office for more...

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Handling the Logistics of Moving Out in a Divorce That Involves Kids

Posted by on Apr 5, 2016 in Uncategorized |

If you are going through a divorce, this can be a rough time for your entire family. If you are the spouse that will be moving out of the family home, this can be hard for your children to understand. Handling this major change in your children’s lives with sensitivity will be key. Here are three things that you can do to help your kids handle the transition of your move so that the divorce can result in positive outcomes eventually. 1. Talk to Your Kids during the Transition If you are worried you have been labeled the “bad guy” in a divorce because you are the one that is leaving the family home, reassure your kids that you are still a part of their lives. Give the news of your impending move time to sink in, and be sure to involve kids in your transition of moving to a new place. If it takes a few weeks to find a permanent living situation, be sure to be there for your kids and schedule time together while you are settling in. 2. Don’t Shake Up Their Family Home’s Surroundings While you might be hurt and angry at your spouse, the last thing you should do is take larger, communal items from the home that you think are rightfully yours. Taking things that are not completely yours without asking can cause disputes with your ex and disrupt your kids’ regular home life. This might be a time that you need to let go of material items. You can eventually work with your divorce attorney to see if you should be compensated for communal items you left behind in a divorce. This will make your move less stressful for kids, and they can enjoy new things once you are settled in at your new place. 3. Work to Find an Environment that Kids Can Visit While your divorce may be emotionally and financially draining, the more you can do to find a place with space for your kids, the better. Even if this is a bedroom that your kids share, there might be other perks that can make your new home fun, such as a community pool or a nearby park. Make sure that your kids know this is their space as well and they aren’t just visitors in your new home. If you are set to handle joint custody within your new surroundings, this will help solidify your commitment to your kids in future custody proceedings. Handling your move out during a divorce is something that you should handle with care and sensitivity for the sake of everyone involved. Making a continual effort to be in your kids’ lives will help with custody issues that might come up in your divorce proceedings. Making sure your kids understand that they are still your number-one priority while the dust settles will speak volumes. If you need further help to handle your divorce, contact a divorce lawyer in your...

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What Do You Need To Start A Corporation?

Posted by on Mar 2, 2016 in Uncategorized |

If you’re starting a business, it might be a good idea to make it a corporation. A corporation gives you legal protection from business losses and lawsuits so that you can only be sued for business assets and not for your own home or other personal assets. Here’s how to get started. Pick a Name Picking a name is actually a more complicated process than it seems. Whether you want to get creative or pick something generic, like “John Doe Plumbing,” there are a few legal steps you need to take. First, you need to search for existing businesses in your state. You can’t pick an identical name to an existing business or have a name that’s confusingly similar. This applies even if you pick a completely generic name like “The Corner Drugstore.” Second, you need to do a trademark search. If you pick a creative name, it may violate an existing trademark even if there is no business registered under that name. A lawsuit for violating a trademark could put you out of business. Get a Business Address When you file your incorporation papers, everything will be public record including the address that you use. To protect your privacy and to avoid getting tons of junk mail aimed at your business at home, don’t use your home address. If you haven’t picked out your store or office location yet, you can use a local mailbox service. Choose Your Board of Directors A corporation is required to have a board of directors by law. The board of directors must also hold annual meetings and keep minutes. Many single person businesses simply list the owner in every board position. In a partnership, you’ll need to decide in advance who will perform each role and whether you’ll add an outsider to the board to act as a tie breaking vote and to help give perspectives on any disagreements between the partners. Decide on Your Stock Structure Even though you won’t be listing your corporation on the stock market, you will still need to issue stock to make it official. The important thing here is that stockholders have the final say in corporate matters by way of the annual shareholder vote. You will need to decide how stock will be allocated and if all shareholders will get a vote or if there will be nonvoting stock. To learn more about starting a corporation or to get help with the incorporation process, contact a business, such as The Legal Solution Professional Corporation, for more information....

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Facial Scarring From A Dog Bite And Financial Compensation For Your Child

Posted by on Mar 2, 2016 in Uncategorized |

Experts estimate that half of all children under the age of 12 have been victims of a dog bite. While many dog bites are minor, some can have a lasting impact on the child’s future. If your child has suffered a severe dog bite, it’s essential that you take the time to understand how the scarring associated with a healed dog bite can affect your child’s future. Taking the following two points into account when mounting a personal injury case can help you get your child the financial compensation he or she will need to battle the effects of a dog bite scar in the future. 1. Facial scarring can lead to anxiety and depression. Most of the injuries that children sustain during a dog attack occur in the head, neck, or facial regions. This is likely because a child’s height places their face in close proximity to a dog’s mouth. Facial scarring can have a significant impact on a child’s mental health in the future. Research studies have concluded that between 10% and 70% of individuals who sustain facial trauma (like a dog bite that leaves behind a scar) experience symptoms of depression and anxiety. Treating these symptoms may require the help of a mental health professional, which can be costly. Be sure that you talk to your attorney about seeking financial compensation to help cover these future recovery costs. 2. Facial scarring can cause your child to suffer from social isolation. The scars that are left behind by a dog bite can impact your child’s social function in the future. Facial scarring can negatively impact quality of life by resulting in social isolation. Researchers have found that individuals with facial scarring have higher incidences of alcoholism, unemployment, and marital discord. Facial scarring can also lead to a decrease in your child’s satisfaction with his or her body in the future. Social isolation occurs when the effects of facial scarring alter your child’s lifestyle. Be sure that you take into account the lifelong emotional trauma (and the subsequent social isolation) associated with facial scarring when seeking financial compensation for a child that has suffered a serious dog bite. Being attacked by a dog can have a serious effect on your child’s future. When you understand that facial scarring can lead to mental health problems like anxiety and depression, and know that facial scarring increases the risk of alcoholism and poor body image, you can work with a personal injury attorney to help get your child the financial compensation he or she deserves. For more information, contact FrascaKim Lawyers or a similar...

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How Exactly Does A Divorce Work?

Posted by on Mar 2, 2016 in Uncategorized |

TV shows and movies are filled with shouts of, “I want a divorce.” But what happens next? If you don’t really understand the process, you may end up spending extra time or money or give up important legal rights. Here’s what you need to know about filing for a divorce.  Step 1: Filing a Complaint The first step is to go to the courthouse and fill out the paperwork. It’s called a complaint because it’s essentially a special type of lawsuit and complaint is the name given to the papers that state the reason for your lawsuit. It’s not necessarily a complaint against your spouse. The most important part of the complaint is selecting the reason for the divorce. Usually, this will be irreconcilable differences which just means you want to end the marriage. However, in cases of adultery, abandonment, domestic violence, or other legal wrongs by a spouse, you would select that reason. Step 2: Answer Your spouse will then be served with the complaint and have time to file an answer. An answer is to either say that, yes, they also want a divorce or that they’re contesting the grounds that you selected for divorce. While both spouses don’t have to consent for a divorce to be granted, if you selected a fault-based grounds (like adultery) your spouse can ask the judge to rule that they had no fault in the divorce. Step 3: Negotiations You’ll then be told by the court to try to work out a settlement on your own. Many spouses are able to sit down with their lawyers and work out a 50/50 split they are both happy with. If you have disagreements, you will usually be asked to go to mediation. Mediation is additional negotiation sessions with the help of a third party mediator who is trained to help the spouses find common ground and reach an agreement. You aren’t required to settle your divorce in mediation, but it could save you a lot of time and money. Step 4: Hearings When you go to court, the judge will check any agreements you made for legal validity and then make them part of the court order. In any areas where you disagree, your lawyer will present the judge with legal reasons they should rule in your favor, and the judge will make a decision. To learn more about how a divorce works, contact a local family law attorney (such as one from Olschewski Davie Barristers & Solicitors)...

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Buying An Apartment Building? Here’s How A Real Estate Lawyer Can Help You

Posted by on Mar 2, 2016 in Uncategorized |

Buying an apartment building can present an opportunity to make a great deal of money over time. However, because you are investing so much money and are taking on such a big responsibility, it is smart to consult a real estate lawyer before you make the purchase. Here are some ways that a good lawyer can protect you during the buying process. Examining the Leases with Tenants One of the ways a real estate attorney can be helpful is by helping you understand more about the leases in place for current tenants. Tenant rent is an important consideration when purchasing an apartment building, so you need to know how much is being paid and how many tenants plan to continue living in the building. Your lawyer can help you get a better idea of how much income you can expect from existing tenants and determine how you may be able to create termination notices for any tenants who are currently way behind in their payments. That way, when you buy the building, you can attract new, paying tenants. Researching Legal Trouble with the Property If a tenant is suing the property for any reason, you might not be aware of that until after you buy the building. A real estate lawyer can investigate any such problems, alerting you to lawsuits and other legal problems that the current owner may have, so that those problems don’t become yours once you buy the building. The lawyer can also uncover liens and other title issues that may prohibit the current owner from selling you the property.  For instance, if a person going through a bankruptcy attempts to sell the building to you quickly, you might find out later that they were legally not in a position to do so, putting your ownership of the property in question. Your lawyer can alert you to problems like this so that the sale is delayed until the property can legally be yours. A real estate attorney is also able to uncover issues that are related to local and state requirements. For example, if the current owner is noncompliant with the local building code and has too many tenants living in the building, that issue can be resolved before you take on the property.  These are just some of the ways that a real estate lawyer might be able to provide some assistance when you are buying an apartment building. With legal help, you can be confident that your investment is a good one. For a real estate lawyer, contact a law firm such as Tarbush Giller & Associates Real Estate...

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3 Situations Where You Should Hire A Real Estate Attorney

Posted by on Mar 2, 2016 in Uncategorized |

Hiring a real estate attorney is not always needed when buying or renting property. In many situations you can do it on your own. However, there are also situations where hiring an attorney would be advisable and in doing so you protect yourself. Here are a couple situations where you should consider hiring a real estate attorney. 1. You Own Commercial Real Estate If you are working with commercial real estate in any way, you need to hire an attorney. Commercial real estate is not like residential real estate, especially if you are renting. The terms of each rental contract will vary from property to property. If something is in the contract, such as an amount of time the person will lease the property, it must be adhered to. Getting out of a commercial property contract can be brutal. This is why you should always hire an attorney before making any transactions in commercial real estate. You need to make sure that you are protected so that you don’t end up losing money down the road. 2. You Are Renting Multiple Properties If you are thinking about renting residential properties you should consider hiring an attorney. Using a standard contract from the internet may not fit your needs. In additions, there are certain rules and regulations that are imposed for people who are renting property. You need to be sure that you are protecting yourself so that if a renter sues or if there is a problem with the property that you have protection. You may not need to use an attorney throughout the whole time you rent property, but you should definitely consult an attorney before you stat renting out the properties. 3. The House Is A Short Sale Or Has A Preexisting Problem If you are purchasing a house that is a short sale or has some sort of preexisting problem, you need to talk to an attorney. A house is a major investment and just because you are getting a good price on a property doesn’t mean that it is a good investment. Short sales generally have implications included in them so you need to consult an attorney to make sure that you will not have problems down the road. In addition, an attorney can help to access land surveys, appraisals, builder’s floor plans and much more to ensure that the property that you are purchasing is in good shape. These are just a couple reasons that you should hire a real estate lawyer. To learn more, contact a lawyer by Lee Roche &...

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4 Things A Judge Will Consider Before Awarding You Custody

Posted by on Mar 2, 2016 in Uncategorized |

Divorce is rarely a happy event. However, it can be especially difficult if children are involved. If you are divorcing your spouse and you have a child, you may desire full custody. However, a judge will not automatically award custody to you just because you want it. Here are a few things that the judge will consider before awarding you custody of your child: Stability of Your Living Arrangements  A child needs a stable home environment. If you are planning to move to a new location or if you are often traveling for work, it can affect your chance of being awarded custody. It is best to have a set address at which your child has become accustomed to residing. In addition, being awarded the family home may help you maintain a stable home environment for your child, since your child won’t have to relocate. It can be difficult for a child to adjust to a new school and new neighborhood friends. Since the upheaval of a divorce is unsettling enough for a youngster, the judge may look for the greatest areas of residential stability to help the child adjust to living primarily with one parent. How financially secure are you? Even if you love your child immensely, it is important for you to be able to provide for him or her financially. Not only should your salary be enough to accommodate your needs. It should also accommodate those of your child. A judge may ask to see proof of income, and he or she may review your tenure at your current job. The judge will need to know that you have sufficient money to care for your child properly.This is especially important if child support or alimony is not being sought. Have there been instances of abuse?  If your spouse abused your child at some point, be sure that you are able to present documented proof of the events. A judge is unlikely to award primary custody to an abusive parent. Pictures, medical reports and eyewitness testimonies can help support your claims. Does your child want to live with you? If your child is old enough to communicate his or her own desires, the judge may take into account whom the child wants to live with. To allow the child to talk candidly about what he or she wants, the judge may meet with a child privately in his or her chambers. If you are divorcing your husband or wife and you are seeking custody of your child, consult with your divorce lawyer to learn ways to increase your chances of being awarded full custody. Contact a lawyer, such as Adair Brian, for more...

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3 Big Reasons You Need A Business Attorney For Your Small Business

Posted by on Mar 1, 2016 in Uncategorized |

Whether you own a small store or you are an up-and-coming entrepreneur, chances are you do a lot of the work that revolves around your business on your own. You may do your own financial planning, keep track of your own inventory, and even develop your own business advertising plans. However, there are some things that are best left to a professional — especially when it comes to business legalities. Here are three BIG reasons why it is always best to have a small business attorney, even if you are a proud entrepreneurial business owner. 1. Contracts should always be handled by a legal professional.  There is a common misconception among many small business owners that any contract will work and be legally binding as long as you have what you need on paper. However, even the smallest mistakes in wording or errors in constructing a legally binding document can mean that it could have its binding terms fought in a court of law. From contracts between you and customers to contracts that you need for your business property, it is always a safer bet to have these contracts drawn up and reviewed by a lawyer.  2. It is way too easy to make a costly legal mistake with your employees.  Hiring employees in your business, no matter how few, will come with a plethora of legal responsibilities and potential liabilities. What are your rights when it comes to hiring or letting an employee go? What will happen if an employee gets hurt while on the premises but off the clock? Who is responsible if an employee causes harm to a customer? Are you required to provide insurance? All of these are examples of questions that your business attorney can help you wade through to make sure you are doing everything by the book when it comes to having employees.  3. Adequate licensing is a major part of any business.  If you come up with a new product, to keep it rightly protected you may have to seek a patent or trademark. You may be required to hold a particular type of license to offer services in certain parts of the country or even internationally. There may even be licensing involved in having a physical building in a certain place. Your attorney can help you make sure that all licensure requirements in your small business are followed to the letter to avoid legal issues down the road.  Contact a business lawyer like Kelly, William F. to help you out with all of the legal needs for your small...

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Winning A Property Dispute With A Neighbor

Posted by on Feb 26, 2016 in Uncategorized |

If you just noticed your neighbor has placed a fence, swing set, shed, or another large item on what you are positive is your property, you will most likely want to have it removed so you can utilize this land yourself. When a neighbor is mistaken about the property line between your parcels of land, you will need to take some steps to have the situation fixed in a responsible manner. Here are some tips you can use to have your neighbor remove their item from your property for good. Start With Friendly Banter Before getting too upset over the situation, ask your neighbor if they may have set the item in an area too far from their property line. Using this gentle approach may cause them to realize they have overstepped their boundaries, and they might remove the item since they now realize you are aware of their behavior. They may have genuinely been mistaken about where their property line ends. Asking first will be best, as the situation may be resolved easily, without spending money or getting others involved. Suggest A Survey Be Done If your neighbor insists the item is placed on their own land, suggest they have a survey done to prove this is true. It may be a nice gesture to offer to pay for half of the survey so you will both be informed about where the boundaries are really set. You will also have the benefit in obtaining paperwork to prove this information, allowing you the right to have the item removed as a result. Get Help From Others If your neighbor still refuses to take their item off of your land, contact local authorities first. If your neighbor is trying to build something on the land, they will be told to cease working on it until after they can prove to a court that the property belongs to them. After contacting the police, call an attorney. A real estate lawyer will work on your behalf to prove that the land is indeed yours, and that your neighbor is not complying with the evidence provided by the survey. If the neighbor refused to have a survey done at all, you can use the real estate records filed within your province to prove the land is within your property boundaries. Your attorney will work at having these records released and will represent you in a courtroom in front of a judge. For more information on both real estate law and on other types of law, talk to a lawyer like Michel & Vincent Law Firm family...

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3 Signs That You Should Hire A Divorce Lawyer

Posted by on Feb 24, 2016 in Uncategorized |

If you are currently in the midst of a divorce, you might be thinking about handling it yourself or working with a mediator. If you and your soon-to-be ex-spouse get along reasonably well and are on the same page about a lot of things, it might be acceptable to handle the divorce without the help of an attorney. However, there are some situations in which it is important to hire a lawyer. These are a few signs that you should consider seeking legal representation. 1. Your Spouse Has a Lawyer If your spouse has already hired a lawyer, you will need to hire one, too. Don’t get stuck with the opinion that your spouse’s lawyer can handle all of the paperwork for the both of you. If your spouse hired an attorney, that attorney is going to be on his or her side. If you’re the one who is stuck without legal representation, there is a good chance that things will not go in your favor in divorce court. Even the playing field by hiring an attorney yourself. 2. There’s a Lot of Money Involved If the two of you don’t have much between you, then you might not think that there is much need to hire an attorney to help you split it up. If there is a lot of money or assets involved, however — such as if you have large sums of cash in the bank, if you have multiple properties or if you own a business together — then it is important to hire an attorney to ensure that you get what you are entitled to. Even the most amicable divorces can turn nasty when there is money involved, and you don’t want to end up with less than what is owed to you. 3. You Have Children When it comes to your children, you probably aren’t willing to take any more chances than you have to. Child custody issues can get sticky, and some parents resort to pointing fingers and making accusations to try to get their way. Even if you aren’t seeking full custody, you want to ensure that you get visitation and that your child support payments are determined in a legal and proper manner. If you have kids, it really is best to hire a lawyer to represent you. If you are thinking about representing yourself in your divorce case, there is a chance that you shouldn’t. These are three signs that you really do need to hire a divorce lawyer to assist with your...

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