A Los Angeles business attorney is a kind of lawyer that has a practice that primarily deals with business law. Business law is a very wide and varied category of the law. An attorney that practices business law should have the ability to both represent businesses in court as well as give advice on how to run a business legally in all aspects.
A business attorney may do many different things for many different clients. One common task a business attorney may be hired to do is make sure a business is complying with different laws. These may be state laws, federal laws, or even international laws. Also things such as corporate and partnership disputes are handled by such a lawyer.
A business lawyer may also be used from the onset of a business’s existence. Often business attorneys are hired to help a person form a business. This may be a partnership, a corporation, or a limited liability company. The lawyer will help that person through all the required steps. This will include filing all the needed paperwork correctly. It can also involve giving advice on how to correctly pay taxes or do things to prevent the business from being held liable in a lawsuit.
There is also of course great need for business attorneys after a business has gotten off the ground. For example, a business lawyer may be hired to file annual reports and certain forms required by the government on a yearly basis.
If a business is ever sued, a business lawyer will be hired to represent that business in court. If the case receives media attention, that lawyer may represent the business in public in televised press conferences. If it is believed that media attention or the possibility of loosing the suit may harm the company, that lawyer may also be involved in reaching a settlement with the plaintiffs.
A business lawyer may also be asked to give advice on certain things regarding the internal workings of a company. For example, a Los Angeles business attorney may be paid to help develop guidelines for hiring and firing employees. This can help make sure the company is following the law to prevent lawsuits that may result from improper hiring and firing procedures.
Lastly, a business attorney may be involved at the end of a business. The lawyer may help the owners legally dissolve the business entity. He or she may also help an ex-business owner deal with other issues like outstanding debt or a lien.
Wednesday, July 6, 2011
Tuesday, May 31, 2011
What is Commercial Litigation
One aspect of society that sees a high volume of legal activity is the business world. Due to the complexities of business relationships, conflicts can and do often arise. How these conflicts are settled in a court of law is known as commercial litigation. Lawyers who mostly represent clients in these cases in California are often a Los Angeles commercial litigation attorney.
There are many different scenarios in which commercial litigation may be needed. One such example is the purchasing of real estate. A lot of legal paperwork is required to acquire land for business reasons. Conflicts are also common and will need to be resolved through commercial litigation.
This area of law can also include mergers. A merger occurs when a business purchases and absorbs another business. Things a Los Angeles commercial litigation attorney or breach of contract attorney may be involved with during a merger can include filing legal paperwork, attempting to get the merger approved by government regulators, setting up the initial stock offering, and negotiating employee contracts.
However, many things may go wrong during a merger that may require legal intervention. For example, the company being bought out may have many outstanding debts or pending lawsuits that will need to be dealt with. Commercial litigation will probably need to take place to settle any disputes that can arise before the merger is finalized.
Another thing that business lawyers may be involved in is drafting employee contracts. One of the things that may be included in contracts are agreements with employees to make sure that things like trade secrets, business processes, and other intellectual property are protected. If an employee leaves for another company, he or she may try to sell those company secrets. Clauses in employee contracts are included to make sure that if that does occur the company can recover damages.
However, one goal of many companies is to avoid court all together. This is due to the fact that lawyers’ fees and lengthy court battles can be quite expensive and time consuming. One way to do this is by including an arbitration agreement in employee contracts. During arbitration, an independent entity will be brought in to settle legal disputes without the involvement of an actual court.
There are many different scenarios in which commercial litigation may be needed. One such example is the purchasing of real estate. A lot of legal paperwork is required to acquire land for business reasons. Conflicts are also common and will need to be resolved through commercial litigation.
This area of law can also include mergers. A merger occurs when a business purchases and absorbs another business. Things a Los Angeles commercial litigation attorney or breach of contract attorney may be involved with during a merger can include filing legal paperwork, attempting to get the merger approved by government regulators, setting up the initial stock offering, and negotiating employee contracts.
However, many things may go wrong during a merger that may require legal intervention. For example, the company being bought out may have many outstanding debts or pending lawsuits that will need to be dealt with. Commercial litigation will probably need to take place to settle any disputes that can arise before the merger is finalized.
Another thing that business lawyers may be involved in is drafting employee contracts. One of the things that may be included in contracts are agreements with employees to make sure that things like trade secrets, business processes, and other intellectual property are protected. If an employee leaves for another company, he or she may try to sell those company secrets. Clauses in employee contracts are included to make sure that if that does occur the company can recover damages.
However, one goal of many companies is to avoid court all together. This is due to the fact that lawyers’ fees and lengthy court battles can be quite expensive and time consuming. One way to do this is by including an arbitration agreement in employee contracts. During arbitration, an independent entity will be brought in to settle legal disputes without the involvement of an actual court.
Wednesday, April 6, 2011
When Will You Need the Help of a Los Angeles Business Attorney?
Studies have shown that 1 in every 3 Californians will need a Los Angeles business attorney at least once and 1/5 will need one 2 or more times within their lifetime. With current rises in bankruptcies, foreclosures, workers compensation suits and divorce decrees, there is no wonder why 75% of our population encounter an attorney at some time in their life.
Some areas of business require the expertise of a lawyer. For example, anyone filing bankruptcy must have a lawyer to represent them. However, fighting to keep one’s home from going into foreclosure does not. In the event an attorney is not required one is usually still be recommended. Some judges or other professional staff maybe kind enough to suggest that a person seek legal counsel or representation and in other cases they may not. Whatever the situation, every individual is responsible for themselves. So if one is unsure they should always ask if acquiring legal help will be helpful.
The cost for a business attorneys services depends on many factors. They must consider the amount of time to give each client, the amount of resources required, and their skill level. The cost for services can range greatly.
Intelligence should be practiced when selecting a lawyer. Many firms will offer a free consultation to potential clients. Consultations are a way for the attorney to get an understanding of what the clients needs are and if they can offer them help. Potential clients should use consultations to interview the lawyer as well by asking questions about their education, level of expertise, and outcome of similar cases. If a free consultation is not available the credentials of the lawyer can still be confirmed through numerous online connections.
The need for a Los Angeles business attorney is almost inevitable. However, being prepared will allow the most benefit from the interaction. Hiring an attorney to handle pertinent business processes can bring comfort, security, and assurance to a client. By asking the right questions, talking to clients the attorney provided services for in the past, and checking the credentials of the lawyer will save valuable time and money.
Some areas of business require the expertise of a lawyer. For example, anyone filing bankruptcy must have a lawyer to represent them. However, fighting to keep one’s home from going into foreclosure does not. In the event an attorney is not required one is usually still be recommended. Some judges or other professional staff maybe kind enough to suggest that a person seek legal counsel or representation and in other cases they may not. Whatever the situation, every individual is responsible for themselves. So if one is unsure they should always ask if acquiring legal help will be helpful.
The cost for a business attorneys services depends on many factors. They must consider the amount of time to give each client, the amount of resources required, and their skill level. The cost for services can range greatly.
Intelligence should be practiced when selecting a lawyer. Many firms will offer a free consultation to potential clients. Consultations are a way for the attorney to get an understanding of what the clients needs are and if they can offer them help. Potential clients should use consultations to interview the lawyer as well by asking questions about their education, level of expertise, and outcome of similar cases. If a free consultation is not available the credentials of the lawyer can still be confirmed through numerous online connections.
The need for a Los Angeles business attorney is almost inevitable. However, being prepared will allow the most benefit from the interaction. Hiring an attorney to handle pertinent business processes can bring comfort, security, and assurance to a client. By asking the right questions, talking to clients the attorney provided services for in the past, and checking the credentials of the lawyer will save valuable time and money.
Monday, January 3, 2011
The Steps to Personal Injury Litigation Success
People sustain a personal injury when they suffer some harm or loss ranging from the physical to the emotional or even financial, and they often have a legal claim for damages when they did not cause the problem themselves.
If people feel that they have been injured in some manner, are convinced that they did not cause the injury, and decide to consult a personal injury litigation lawyer , the following steps will be part of settling their case:
● To begin, their attorney will compile information indicating how the client was injured and showing why the injury occurred. As a rule, this includes compiling statements from eye witnesses of the event, if there were any, along with photos of the property, product or automobile that caused the injury.
● Next, their lawyer will have physicians and other expert witnesses describe the exact nature of the client’s injury and provide and evaluation of its severity and duration. Then, this report is forwarded to the individual or company responsible for it, along with a formal request for fair compensation. In most cases, payment for the claim is made by the responsible party’s insurance company.
● If the responsible party or their insurance company replies and states that they are unwilling to provide compensation, the personal injury attorney will initiate a lawsuit against them with the goal of obtaining an equitable payment through the court system.
● When a lawsuit is filed, that doesn’t necessarily mean that a trial will take place. In reality, more than 90% of such cases are settled out of court, and this often calls for patience and perseverance on the part of both the client and the personal injury litigation attorney providing representation.
● For their personal injury case to reach a successful conclusion, clients must always be ready and willing to testify in court and they should also be reasonable in regard to the amount of compensation they seek, being guided by the advice of their lawyer.
Finally, people should always be prepared to consult a personal injury lawyer in a timely manner so that they can clearly recall the details of the event, which are essential in proving their case and reaching a just verdict.
If people feel that they have been injured in some manner, are convinced that they did not cause the injury, and decide to consult a personal injury litigation lawyer , the following steps will be part of settling their case:
● To begin, their attorney will compile information indicating how the client was injured and showing why the injury occurred. As a rule, this includes compiling statements from eye witnesses of the event, if there were any, along with photos of the property, product or automobile that caused the injury.
● Next, their lawyer will have physicians and other expert witnesses describe the exact nature of the client’s injury and provide and evaluation of its severity and duration. Then, this report is forwarded to the individual or company responsible for it, along with a formal request for fair compensation. In most cases, payment for the claim is made by the responsible party’s insurance company.
● If the responsible party or their insurance company replies and states that they are unwilling to provide compensation, the personal injury attorney will initiate a lawsuit against them with the goal of obtaining an equitable payment through the court system.
● When a lawsuit is filed, that doesn’t necessarily mean that a trial will take place. In reality, more than 90% of such cases are settled out of court, and this often calls for patience and perseverance on the part of both the client and the personal injury litigation attorney providing representation.
● For their personal injury case to reach a successful conclusion, clients must always be ready and willing to testify in court and they should also be reasonable in regard to the amount of compensation they seek, being guided by the advice of their lawyer.
Finally, people should always be prepared to consult a personal injury lawyer in a timely manner so that they can clearly recall the details of the event, which are essential in proving their case and reaching a just verdict.
Monday, December 6, 2010
Estate Litigation
Society, in general, has become more and more litigious in nature. One of the most common topics that appear before the judicial system is estate litigation. Claims of undue influence over the testator, an individual dying intestate and objections to estate accounting are just a few examples of situations that can lead to Estate Litigation.
When one individual or entity has been placed in a position of power or influence over an individual there exists a fiduciary relationship between the adviser and the party with diminished capacity. The adviser is required to act in good faith on behalf of that party who is in need of guidance however, in some cases the adviser may use its authority in a manner such that its interests are placed before the desires and wishes of the party to which it has been assigned to protect. Undue influence can only be claimed if the adviser benefits in some way by making choices or decisions on behalf of another thereby committing an act of fraud, which could result in a litigation action being brought against them.
If an individual dies and has not prepared a will the division of assets and responsibility of debts is usually governed by the jurisdiction presiding over the estate. Unfortunately this can cause a variety of problems depending on the number of heirs and the desires of the heirs from funeral arrangements, burial and exactly who is entitled to receive personal and real property. The decedent may have expressed at one time that he or she wished to be buried at sea or that a favorite niece was to have his/her silver candlesticks in the event of their death. Without documentation of these desires, the laws of the state will direct how these matters are to be handled, and if an heir objects to these decisions then the person or persons may find themselves involved in a case in need of a Los Angeles estate litigation attorney.
Monitoring and accounting the estate's activities is one way interested parties can be involved and informed of the estate process. This is also an avenue that opens up many debates as to whether or not the estate is being properly managed. A review of the estate accounting may reveal lost investments or even that assets have been omitted. If the estate executor is not looking out for the best interest of the estate and its beneficiaries there could be grounds to pursue litigation against the executor for breach of fiduciary duties.
With so many intricacies to estate law it is best to remember that proper estate planning is imperative, as well as placing trustworthy persons in charge of the decision making process.
When one individual or entity has been placed in a position of power or influence over an individual there exists a fiduciary relationship between the adviser and the party with diminished capacity. The adviser is required to act in good faith on behalf of that party who is in need of guidance however, in some cases the adviser may use its authority in a manner such that its interests are placed before the desires and wishes of the party to which it has been assigned to protect. Undue influence can only be claimed if the adviser benefits in some way by making choices or decisions on behalf of another thereby committing an act of fraud, which could result in a litigation action being brought against them.
If an individual dies and has not prepared a will the division of assets and responsibility of debts is usually governed by the jurisdiction presiding over the estate. Unfortunately this can cause a variety of problems depending on the number of heirs and the desires of the heirs from funeral arrangements, burial and exactly who is entitled to receive personal and real property. The decedent may have expressed at one time that he or she wished to be buried at sea or that a favorite niece was to have his/her silver candlesticks in the event of their death. Without documentation of these desires, the laws of the state will direct how these matters are to be handled, and if an heir objects to these decisions then the person or persons may find themselves involved in a case in need of a Los Angeles estate litigation attorney.
Monitoring and accounting the estate's activities is one way interested parties can be involved and informed of the estate process. This is also an avenue that opens up many debates as to whether or not the estate is being properly managed. A review of the estate accounting may reveal lost investments or even that assets have been omitted. If the estate executor is not looking out for the best interest of the estate and its beneficiaries there could be grounds to pursue litigation against the executor for breach of fiduciary duties.
With so many intricacies to estate law it is best to remember that proper estate planning is imperative, as well as placing trustworthy persons in charge of the decision making process.
Monday, October 18, 2010
You Never Know When You'll Need A Personal Injury Attorney
This is a story about Tom, who lives in Florida and is having a really bad time of it. He is an avid motorcycle rider, and last month he decided to take a ride, like he often does, when he gets off work. The sun was out, and it was a beautiful afternoon for a ride, so he got out his bike, and headed down US1.
He didn’t get far though, when a blue Hyundai pulled out from a side street, right into the lane where he was cruising. His reaction time was maybe 3 seconds. He had no time to swerve, and he hit the back of the vehicle, head on.
When he came to, he was in the hospital, and he was in traction, with severe head trauma and back injuries. Aside from that, he had broken ribs, a broken, dislocated shoulder, and they were giving him tests for internal injuries. His wife was called, but he was in and out of it because of the concussion. I know he doesn’t have a lawyer, and he will definitely need a Santa Monica personal injury lawyer because the driver of the vehicle is saying that he was traveling too fast, and that is why he collided.
Tom has suffered immense pain and suffering, and mental anguish. He is in for a long rehabilitation, and the doctor says he can’t go back to work for at least six months. His family is depending on him, yet he can barely move, and it has already been a couple weeks. Needless to say, his motorcycle was totaled.
He retained a personal injury lawyer that was recommended by a friend, and his wife went to the consultation. The lawyer had to come over to the house to talk with Tom, and he seems to be a knowledgeable and compassionate lawyer, who will help Tom get back everything that he has lost since that day. Unfortunately, it looks like he will be in therapy for a long time, but as of right now, he is on strict bedrest because he is still in traction. At least he got to go home, and he didn't have to stay in the hospital, but he is still in leg, neck and arm traction, as he is recovering.
This is just one example of many possible reasons one would need a Santa Monica personal injury attorney. If you ever find yourself in a similar situation, don't delay and find a good attorney that you can work together with to bring you justice.
He didn’t get far though, when a blue Hyundai pulled out from a side street, right into the lane where he was cruising. His reaction time was maybe 3 seconds. He had no time to swerve, and he hit the back of the vehicle, head on.
When he came to, he was in the hospital, and he was in traction, with severe head trauma and back injuries. Aside from that, he had broken ribs, a broken, dislocated shoulder, and they were giving him tests for internal injuries. His wife was called, but he was in and out of it because of the concussion. I know he doesn’t have a lawyer, and he will definitely need a Santa Monica personal injury lawyer because the driver of the vehicle is saying that he was traveling too fast, and that is why he collided.
Tom has suffered immense pain and suffering, and mental anguish. He is in for a long rehabilitation, and the doctor says he can’t go back to work for at least six months. His family is depending on him, yet he can barely move, and it has already been a couple weeks. Needless to say, his motorcycle was totaled.
He retained a personal injury lawyer that was recommended by a friend, and his wife went to the consultation. The lawyer had to come over to the house to talk with Tom, and he seems to be a knowledgeable and compassionate lawyer, who will help Tom get back everything that he has lost since that day. Unfortunately, it looks like he will be in therapy for a long time, but as of right now, he is on strict bedrest because he is still in traction. At least he got to go home, and he didn't have to stay in the hospital, but he is still in leg, neck and arm traction, as he is recovering.
This is just one example of many possible reasons one would need a Santa Monica personal injury attorney. If you ever find yourself in a similar situation, don't delay and find a good attorney that you can work together with to bring you justice.
Thursday, September 2, 2010
General Information About Personal Injury Lawyers
In today’s world accidents are commonplace. When the victim is also the person at fault, then it would seem that a natural sort of balance has occurred. Yet what can be done when the victim is not the one at fault? Injuries, both physical and mental, can be quite devastating to one’s work, social and private life. These problematic situations are the precise reason that personal injury lawyers have a profession.
A Los Angeles lawyer who handles personal injury cases will represent a person who has been harmed due to direct action or negligence of another person, company, government agency or other entity. While a personal injury lawyer is educated and licensed to work in any field of law, due to the specific nature of the personal injuries they are particularly versed in an area of law called tort.
In order to receive compensation for a personal injury, tort law requires four elements to be apparent in the case.
1. The existence of a legal duty owed by a person to others.
(E.g., when driving a car it is one’s legal duty not to hit any pedestrians with said car.)
2. The breach of duty by one person.
(Said person hit’s a pedestrian with said car.)
3. The breach of duty being the approximate cause of damages suffered by a person.
(It must be the fault of the driver and not the pedestrian.)
4. Damages incurred by a person.
(The pedestrian now has a broken leg.)
All four of these elements must be present in the case, but there are obviously many variations of them besides the example provided.
Depending on the personal injury lawyer hired or the firm from which they are a part of, the method of payment can be a couple of different procedures. As with any other legal representation there could be contingency, hourly rates, flat fees or retainers. A contingency fee is a payment that is only due if the outcome is positive (I.e. you win the case). A retainer fee is similar to a down payment, and is done simply to ensure the lawyer will officially be representing the client.
Los Angeles lawyers who specifically handle personal injury cases are very common in modern day, with a large selection to choose from. So if you or someone you care about has had an occurrence that coincides with those four tort elements, go ahead and get some representation and hopefully you can get some compensation!
A Los Angeles lawyer who handles personal injury cases will represent a person who has been harmed due to direct action or negligence of another person, company, government agency or other entity. While a personal injury lawyer is educated and licensed to work in any field of law, due to the specific nature of the personal injuries they are particularly versed in an area of law called tort.
In order to receive compensation for a personal injury, tort law requires four elements to be apparent in the case.
1. The existence of a legal duty owed by a person to others.
(E.g., when driving a car it is one’s legal duty not to hit any pedestrians with said car.)
2. The breach of duty by one person.
(Said person hit’s a pedestrian with said car.)
3. The breach of duty being the approximate cause of damages suffered by a person.
(It must be the fault of the driver and not the pedestrian.)
4. Damages incurred by a person.
(The pedestrian now has a broken leg.)
All four of these elements must be present in the case, but there are obviously many variations of them besides the example provided.
Depending on the personal injury lawyer hired or the firm from which they are a part of, the method of payment can be a couple of different procedures. As with any other legal representation there could be contingency, hourly rates, flat fees or retainers. A contingency fee is a payment that is only due if the outcome is positive (I.e. you win the case). A retainer fee is similar to a down payment, and is done simply to ensure the lawyer will officially be representing the client.
Los Angeles lawyers who specifically handle personal injury cases are very common in modern day, with a large selection to choose from. So if you or someone you care about has had an occurrence that coincides with those four tort elements, go ahead and get some representation and hopefully you can get some compensation!
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