Protect Your Business Using Commercial Litigation Lawyers

Running a business is no walk in the park. A person needs to be very careful and innovative while handling a business. Running a business adds up to a lot of responsibilities for the owners and protection of your business is one of those responsibilities. There are a lot of commercial laws that apply to the state in which you have your business and these laws are used to solve any dispute between a company and customers or some other company. It is not possible for the owner to know all about the laws so the best option is to hire commercial litigation lawyers.

A lot of legal issues arise while running a business,like claims and settlements by customers, claims by other businesses, patent laws, premise liability and product liability. To take care of all the issues that might arise, expert lawyers are required who can handle these matters with ease. There are a lot of commercial litigation lawyers who can do this job, but not all will be a great fit for your business. There are a few things to be kept in mind while choosing a lawyer for your business.

Requirements

While choosing a lawyer for your business it is very important to be clear on your needs. Requirements can vary from needing a patents expert for firms where a lot of research work takes place, while securing a claims settlement expert will be needed if you own a hospitality business. The needs depend on the nature of your business and the type of legal issues in which you can fall. So keep these points in mind while you choose a commercial litigation lawyer for your business.

Be patient

It is very important to be patient while choosing a lawyer for your business. A wrong choice may prove damaging to you and your company. You need to be very patient while you search for lawyers and be sure to check out all the commercial litigation lawyers that are available in your area before you choose one. There are many online sites that offer you the service of finding a lawyer for your business. You need to specify your requirements to these sites and they will search for the lawyers that best match your needs. These sites are known to provide accurate results but still it is recommended to cross check on all the options before you finalize your decision.

Thus, it is seen that lawyers play an important role in protecting your business from legal issues. Commercial litigation lawyers provide the required services and make sure that your company never gets mired in any legal issue. They bring you out of trouble by giving you good advice on how to handle certain complicated situations and also help you with the settlements and claims that any customer or rival firm may have with you. If you deal with research then these lawyers can help you out with the patent laws and make sure that all your inventions and intellectual property remain safe and are not copied by any of your rival businesses.

No Lawyer Required – Small Claims Court

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?

This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

Freelance Lawyers and Some Facts

To any person who is actually not very familiar with the intricacies of law, the term freelance lawyer may bear an uncanny meaning. You must have frequently heard about freelance writers or reporters, but freelance lawyer is a term which is rarely heard.

In this article I have tried to share some information with my reader friends about this topic.

Freelance lawyers are the contemporary description of contract attorneys, temporary attorneys or independent contractors.

With the emergence of legal outsourcing, one new aspect of law profession or to say more precisely, the overlooked part of law profession that has come into limelight and that is freelance lawyers.

According to ethic committee it is ethically proper for any temporary lawyer to work for any employing lawyer or law firm on temporary basis or even getting involved in the legal outsourcing companies.

Ethic committee instructs the employing attorneys that involvement of any freelance(temporary) lawyer requires consent of the client, otherwise it will be considered as a void contract. The duty of the retaining attorney increases with the involvement of the temporary lawyer on contractual basis to disclose this fact to the client.

But according to the opinion 284 of Ethic committee the disclosure of involvement of a freelance lawyer depends upon the following factors:

o Relationship of the retaining attorney with the temporary attorney or the freelance lawyer.
o Nature of legal work to be performed.
o Clients’ reasonable expectation regarding the work.

The employing attorney has the authority to supervise directly the freelance lawyer and it is not necessary for him to disclose the client that how much remuneration is paid to the temporary lawyer. The employing (retaining) lawyer may bill the client for the service on behalf of temporary lawyer according to the mutual understanding with one another. A temporary lawyer can object to any unreasonable billing against the client charged by the retaining attorney.

The motive behind engaging a freelance lawyer is to attain highly supple and lucrative contractual terms in the outsourcing industry as there has been ample scope of employment arrangement between law firms and temporary lawyers.