4 Tips to Modifying Court Orders Post-Divorce – Guest Post

   

Modifying Court Orders Post-Divorce

Once a court issues an order, it generally cannot be changed without a showing of changed circumstances warranting the modification. The process and standard for modification vary by state, but most often, the party seeking the modification has the burden of proving that a change in circumstances justifies the relief requested. If you are seeking to modify a court order post-divorce, here are four tips to keep in mind.

Understand Your State’s Standard for Modification

Each state has its own rules and procedures for modifying court orders. You will need to familiarize yourself with your state’s specific requirements before you even begin the process. In some states, the standard for modification is very high, and courts are hesitant to grant modifications except in extreme circumstances. In other states, the standard is more relaxed, and courts are more willing to grant modifications if there has been a significant change in circumstances. Knowing your state’s standard will help you determine whether or not it is worth pursuing a modification in your case.

Be Prepared to Show a Change in Circumstances

As mentioned above, most states require a showing of changed circumstances before a court will even entertain a motion to modify an existing order. Changed circumstances can include things like a change in job status, income, or living situation. If there has been no change in circumstances since the original order was issued, it is unlikely that a court will grant your request for modification.

Prove that the Change in Circumstances is Permanent or Substantial

In addition to showing that there has been a change in circumstances, you will also need to prove that the change is permanent or substantial enough to warrant an official change in rulings. A temporary and minor change in circumstances is not usually enough to warrant a modification of an existing court order. For example, if you lose your job but then find another job within a few months, this would not likely be considered a permanent or substantial change warranting a modification of things such as child support payments or alimony. However, if you lose your job and cannot find another one after several months of searching, this could be considered a permanent or substantial change justifying a decrease in payments.

Seek Legal Help

After a divorce, it is not uncommon for one or both spouses to seek a modification of an existing court order as their lives progress and change. The process of modifying a court order can be complicated and confusing, however, which is why it is so important to seek legal help from an experienced family law attorney. Divorce lawyers will be able to guide you through the process and help ensure that your rights are protected every step of the way, and that you can get the best outcome possible while making changes to previous rulings. If you are considering seeking a modification of an existing court order, contact a divorce lawyer today to schedule a consultation.

If you find yourself needing to modify an existing court order post-divorce, there are certain things you should keep in mind throughout the process. First and foremost, understand your state’s specific requirements and standards for modification. Next, be prepared to show that there has been a permanent or substantial change in circumstances since the original order was issued which warrants relief from the current order. Lastly, seek legal help from an experienced family law attorney who can assist you throughout this often complicated process.

Commercial Lease Law and Why You Need a Lawyer – Guest Post

   

Commercial Lease Law

Being a landlord to a residence or a store is similar in that you’re responsible for and own the property being used. As a result, you’re likely going to want to take care of the property and want to see it being used to the best of its ability. When it comes to real estate law, it’s best to have the right experts on hand. Especially so when it’s a business that’s using your property.

Commercial Versus Residential

Commercial leases are typically more complex than residential leasing agreements, and laws that apply to commercial leases can be quite different from those that apply to residential leases. Commercial leases often contain clauses specifying the length of the lease term, the tenant’s rights and restrictions with respect to subleasing, and what the tenant may or may not do to the physical property. In addition, commercial leases may contain provisions requiring the tenant to maintain certain insurance coverage, to comply with fire and safety codes, and to pay property taxes. Given the complexities of commercial leasing agreements, it is advisable for tenants to seek the counsel of an experienced attorney before signing a lease.

What’s In a Good Leasing Agreement

When drafting a commercial lease agreement, there are a few key points to consider. First, the commercial tenant should look at the commercial space and determine what type of improvements they want or need to make over time. This will help the commercial tenant to understand how long the commercial lease term can be and if any special provisions (e.g., a right to renew) might be included in the commercial lease agreement. Additionally, commercial tenants should look at any restrictions that may be placed on their use of the commercial space, including zoning restrictions and other regulations that may apply.

Strategies for Protection

When it comes to commercial lease law and protecting yourself as a landlord, you need to make sure that your commercial lease contract is as thorough and legally sound as possible. This includes spelling out every detail of the commercial leasing agreement, including a detailed description of the commercial space and any improvements that will be made. Additionally, landlords should include key terms such as the commercial tenant’s rights and responsibilities, termination provisions, and any applicable restrictions. Finally, commercial landlords should include a provision that requires all commercial tenants to provide proof of insurance at the start of the lease term.

In conclusion, commercial lease law is complex and requires the help of a lawyer to ensure all parties are aware of their rights, responsibilities, and any potential legal implications. A good commercial lease agreement should be thorough, legally sound, and protect the interests of both landlords and tenants. By working with an experienced commercial real estate attorney who understands commercial lease law, landlords can ensure that their commercial leases are fair and protect them against any potential legal risks.

How to Remove a DUI Offense From Your Record – Guest Post

   

Remove a DUI Offense

DUI offenses can have serious consequences, both in terms of legal repercussions and personal and professional embarrassment. If you’ve been convicted of a DUI offense, you may be looking for ways to remove it from your record. Fortunately, in some cases, it is possible to have your DUI offense expunged from your record.

Introduction to DUI Offenses

A driving under the influence (DUI) offense is a criminal offense that occurs when a person drives a vehicle while impaired by alcohol or drugs. Depending on the severity of the offense and the laws of the state, DUI offenses can be charged as either a misdemeanor or a felony. In some states, DUI offenses are considered “wobblers”, meaning that they can be charged as either a misdemeanor or a felony depending on the circumstances.

In addition to the legal repercussions, a DUI offense can also have serious personal and professional consequences. A DUI offense can lead to a suspended license, increased insurance costs, and difficulty finding employment or housing.

Overview of Laws and Regulations Regarding DUI Offenses

The laws and regulations regarding DUI offenses vary from state to state. Generally, the penalties for a DUI offense range from a fine and probation to jail time and a suspended license. In some cases, a judge may also order the installation of an ignition interlock device, which requires the driver to blow into a breathalyzer before the vehicle can be started.

In all states, a DUI offense is considered a severe offense, and a conviction can have serious consequences for your driving record and criminal record.

Different Forms of DUI Offenses

There are several different forms of DUI offenses, including first-time DUI offenses, multiple DUI offenses, and felony DUI offenses.

A first-time DUI offense typically involves a fine and/or probation, and may also include the loss of your license for a period of time. In some cases, a judge may also order the installation of an ignition interlock device.

Multiple DUI offenses are considered more serious than a first-time offense and may result in more serious penalties, including jail time, a suspended license, and the installation of an ignition interlock device.

Felony DUI offenses are the most serious form of DUI offense and can result in jail time, a suspended license, and the installation of an ignition interlock device.

Penalties for a DUI Offense

The penalties for a DUI offense vary depending on the severity of the offense and the laws of the state. Generally, the penalties for a DUI offense include a fine and probation, jail time, a suspended license, and the installation of an ignition interlock device. In some cases, a judge may also order community service and/or alcohol counseling.

In addition to the legal penalties, a DUI offense can also have serious personal and professional consequences. A conviction for a DUI offense can lead to increased insurance costs, difficulty finding employment or housing, and embarrassment.

How to Remove a DUI Offense From Your Record

In some cases, it may be possible to have a DUI offense expunged from your record. Expungement is a legal process by which a criminal conviction is removed from a person’s record.

Expungement is not available in all states, and the laws and regulations regarding expungement vary from state to state. Generally, a person must meet certain criteria in order to be eligible for expungement.

Steps to Expunge a DUI Offense

The process of expunging a DUI offense involves several steps. Generally, the method includes filing a petition for expungement, attending a court hearing, and obtaining a court order for the expungement.

The first step in the process is to file a petition for expungement. This petition must be filed with the court in which the DUI offense occurred. The petition must include information about the offense and why the petitioner believes the offense should be expunged from their record.

Once the petition is filed, the court will schedule a hearing. At the hearing, the petitioner must make a case as to why the DUI offense should be expunged from their record. The court will then make a decision as to whether or not the offense should be expunged.

If the court decides to expunge the DUI offense, it will issue a court order for the expungement. The court order must be served on all relevant parties, such as the police department and the DMV.

Requirements for Expungement

In order to be eligible for expungement, a person must generally meet certain criteria. Generally, these criteria include:

  • The person must have successfully completed all court-ordered sentences, such as probation and/or community service.
  • The person must have no pending criminal charges.
  • The person must have no convictions for any other offenses in the past five years.

In some states, a person may be eligible for expungement if they were charged with a DUI offense but not convicted.

How to File a Petition to Expunge a DUI Offense

Once the criteria for expungement have been met, the next step is to file a petition for expungement. The petition must be filed with the court in which the DUI offense occurred.

The petition must include information about the offense and why the petitioner believes the offense should be expunged from their record. The petition must also include information about the petitioner’s criminal record, such as any convictions for other offenses in the past five years.

Once the petition is filed, the court will schedule a hearing. At the hearing, the petitioner must make a case as to why the DUI offense should be expunged from their record.

Cost of Expunging a DUI Offense

The cost of expunging a DUI offense varies from state to state. Generally, the cost of filing a petition for expungement is between $50 and $300. In addition, some courts may require the petitioner to pay a fee for the court hearing.

It is important to note that the cost of expunging a DUI offense is not the same as the cost of court-ordered sentences, such as probation or community service. 

Benefits of Expunging a DUI Offense

The benefits of expunging a DUI offense are numerous. Generally, the benefits include the following:

  • A clean criminal record.
  • The ability to apply for jobs or housing without having to disclose the conviction.
  • The ability to apply for a professional license or certification without having to disclose the conviction.
  • Lower insurance premiums.

In addition, expunging a DUI offense can restore your reputation and give you peace of mind.

Conclusion

DUI offenses can have serious consequences, both in terms of legal repercussions and personal and professional embarrassment. If you’ve been convicted of a DUI offense, you may be looking for ways to remove it from your record. In some cases, it is possible to have your DUI offense expunged from your record. The process of expunging a DUI offense involves several steps, including filing a petition for expungement, attending a court hearing, and obtaining a court order for the expungement. The cost of expunging a DUI offense is typically between $50 and $300. The benefits of expunging a DUI offense include a clean criminal record, the ability to apply for jobs or housing without having to disclose the conviction, and lower insurance premiums.

If you’ve been convicted of a DUI offense and are looking for ways to remove it from your record, consider expungement. Expungement can help you restore your reputation and give you peace of mind.

CTA: If you’ve been convicted of a DUI offense and would like to know more about the process of expungement, contact a legal professional today.

Author’s Bio:
Freelance writer Jenny Fries focuses on writing on business, health, lifestyle, and technology. She provides independent blogging and SEO content writing services. Fries enjoys writing vacation itineraries, traveling, and cooking when she’s not writing.

How To Analyze Case Law As A Lawyer – Guest Post

   

Analyze Case Law As A Lawyer

Introduction

How to analyze a law case? However, you should follow the exact way to analyze the case in the right way. Here we share the steps that you should go through before taking any case file to analyze.

So, keep on reading till the end point of this article. Here we will share the ways in simple words that help you to understand.

How To Analyze Law Case: Step By Step

Here we are showing the steps that help you to analyze law cases. Without wasting your time, let’s start.

1.     Go Through The Case File

First, take the file and read every single page. Make sure that you have read from beginning to end. Figure out which facts are most important to analyze the court’s holding. However, it is not easy to determine a legal issue until you have read it properly.

If you face any problems when you read the case, don’t worry, just read for a sense to know what is happening with your client. It’s like a story.  When you read the case without making it complex, you can understand who the two parties are and what they want from the court.

Suppose, you can’t understand any part of the case, keep in mind that the case has not been written by law students, so don’t take it personally.

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2.     Identify Your Parties

This is the easiest part of analyzing the parties of a certain case. When you analyze a case, you should figure out the parties and their behavior throughout the case paper that has been mentioned.

It is not easy because the case has been designed with many layers, which is why it has been difficult to understand how the case was originally presented.

3.     Outline The Case History

Court decisions have been mentioned in the case paper. You need to go through the case history. Analyze which court and judge gave the past judgment.

As a lawyer, “you must be able to find out the path the case followed from the initial lawsuit through the court system to end up before the court that issued the opinion you’re reading.”

However, case history can show you the way how the case is going in the process. It will help you to determine how the case is supposed to end. At the same time, you don’t need to go into the details. You just need to understand the original lawsuit, which helps you to understand the actual facts of the case.

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4.     Remove Irrelevant Facts

There are many points that are not significant to solve the case. You should identify them. First, read the case paper thoroughly, if you need to read them a number of times to prevent irrelevant facts, then do this.

Court only considers the legal issue, not considers any fact. In many cases, the facts damage the actual legal issue, which is why you need to isolate facts from the case.

You can read other case files because as much as you read case files in the same court, you will be familiar with different types of cases that help you to organize the case properly.

5.     Determine The Legal Issue

This is the cour section of this process. Therefore you need to be concerned in this part to trace the legal issue or issues that the case has. And most important, the court will ask you to resolve the legal issue or issues that have been mentioned in the case paper.

To find the issue, you should figure out what the party thought the lower court did wrong and what they expected from the high court.

Don’t think that it is easy to figure out. Always keep in mind that you have the responsibility to understand the case properly to punish the actual guilty and help to get relief from who is or is innocent.

6.     Identify The Legal Rules

Now, you need to identify the legal rules. Before highlighting the legal issues, you should go to the next step to figure out the legal rules.

Write down the rule which is applicable in the case. However, you don’t need to go back to read the entire case to understand the legal rule.  In this matter, you can read other similar cases for a better understanding.

You should know how you can utilize legal rules to solve the case successfully. When people come to you to solve the case, it means they trust you and believe that you can solve the case better than other lawyers.

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Final Words: Prepare For Different Factual Scenarios

Always prepare for different factual scenarios. If the judge raises another issue, then you should know the legal rules would be to solve the problems. Case analysis is the biggest part of solving the case itself.

Every lawyer needs to give sufficient time to read the case paper thoroughly. Hopefully, this article has been able to meet your queries. If you have any further queries, feel free to raise your question in the comment section.

Why Trademarks Are Important For Protect Startups & Small Businesses – Guest Post

   

Trademarks Are Important For Protect Startups & Small Businesses

Are trademarks important?

“Trademark” is another way of referring to brands. The Trademarks beats strongly indicating their decisions while choosing products. The trademark in script or any brand name creates goodwill and trust among the consumers so they can easily get attracted. A Trademark logo simply makes it rich, and attractive.

Customers instinctively associate these trademarks with genuine things rather than other companies like Apple, McDonald’s, Dominos, jaguar, and Ford.

So What is a Trademark? 

Trademark is a type of Intellectual property rights that is provided to certain devices, words, logos, symbols & names. It must be different so that it cannot be the same as the registered trademarks.

How Trademarks facilitate the Success of Startups & the Benefits of Trademarks Registration in the long run. 

Here are the 8 Reasons why Trademarks are important to Startups: 

1. Most valuable assets for the Company, Proprietorship or any other business Entity: 

Being a startup, one of your most important assets is your brand & that brand is most embodied in your business name & logo.

Trademarks are useful when a company wishes to expand into franchising, liasoning, increase the variety of its products & services & even increase your worth by selling products & services if you are having a brand name registration.

By Trademark registration online, your brand awareness will get improved & will attract customers.

When your business reputation grows, the more valuable your brand will be recognised.

For a business startup, it makes sense to consult intellectual property specialists as it will be your most valuable asset as you are in the initial business planning process & keep yourself out of the court. We at JustStart help you to avoid court litigation & try to do things on the front end so you need not worry to end up with the litigation process.

2. Protect customers from deception & confusion

If your brand is registered it can protect customers from deception & confusion.

By registering a brand, one distinguishes its services and products from those of the competitors who are not registered trademarks. Therefore acquiring trademark registration online prevents you from getting your name or logo copied.

For example, Disney is a brand name such as Disney theme park, Disney movies, Disney tv shows, Disney park so they have a brand name that no-one have a right to copy as Disney has protected their brand by registering it.

 3. Trademarks Build brand recognition

 Registering your trademark means building brand recognition.

So what is brand recognition?

Brand Recognition means awareness, reputation, and trust among customers. The term brand recognition is the ability of consumers to identify a brand through certain attributes like a wordmark, logo, slogan without necessarily knowing the organization name.

So registering trademarks are important for startups to create brand value. Businesses use this brand recognition to recognize brand & which will increase customer loyalty and differentiate their brands from other brands oftheir peers.

4. It prevents future legal issues.

As trademarks are important aspects of intellectual property. Trademark right allows you to prevent others from using your trademarks to sell similar products or services.

In trademarks, legal issues can occur due to similar trademarks already registered which means same sounding, same pronunciation & similar goods or services or products which are existing in the market. So when you register a trademark & get a trademark certificate you are preventing yourself from future legal issues.

Every organization should be aware of the seriousness of legal issues in trademarks & how they might harm the company’s growth. To eliminate such issues, it is necessary to do a pre-filing test, and a systematic search to avoid similar names, logos, etc. For this pre-filing test, we JustStart team help you in getting your brand name registered. We try to do things on the front end so that you will not end up in the litigation process.

5. Independent to use of Social media & Internet

Once you have a registered trademark, you can easily handle social media & internet. With an effective trademark you can publicize your product or service business on different platforms without having to worry about anything to showcase your products on social media & any other platforms. As a result, your business ranking is going high & the customers will be able to recognize you more often and more easily.

6. Easier hiring

As trademarks are registered, it enables the organization in providing a sense of security & positivity to the employees. The employees who are working feel motivated to work and be part of a reputed organization than a normal company who are not have registered trademarks.

7. Finding businesses becomes easier.

When you get your trademark registration, the customers can easily attract the brand & their trust. Trademark registration is an easy way for customers to identify the brand. The organization can stand out from the crowd using its unique brand name.

8. A Trademark is valid for a lifetime.

Once you have registered a trademark, you have a valid time period of 10 years & after that, you can get it renewed & enjoy the same privileges again.

Conclusion

So here above are the reasons Why Trademarks are important for startups & small businesses. Considering how competitive the market has become in recent times, it would be advisable to choose your brand name wisely so that you will concentrate on your business growth rather than involving in unnecessary litigation. With the right strategies & a trademark, you can gain plenty of desired outcomes that will be fruitful and income-generating for you.

So why wait?

Get your trademark registered with Just Start & get yourself legally protected & an exclusive right as an owner. We will keep you updated & a dedicated relationship manager will guide you for further requirements.

Get the Benefits You Deserve: How to Apply for Social Security Disability – Guest Post

   

Social Security Disability

For those who cannot work due to a disability, Social Security Disability Insurance (SSDI) may provide financial assistance. Even though SSDI is a government benefit program, it requires an application and approval process. This article will help explain how to apply for SSDI benefits and what you can do if your application is denied.

The Application Process

To apply for SSDI benefits, you first need to complete the appropriate forms that are available on the Social Security Administration (SSA) website. The form will ask for basic information about you and your disability, along with documentation from your doctor or other health care provider verifying your disability. Additional documentation may be required depending on individual circumstances. Once all of the necessary paperwork has been submitted, it typically takes up to three months for a decision to be made on your application.

Appealing a Denial

Unfortunately, applications are often denied due to lack of sufficient evidence or incomplete paperwork. If you have been denied benefits, there is an appeal process that can be used in order to get the benefits you deserve. The appeal must be filed within 60 days of receiving notice of denial; if it is not filed within this timeframe, then you must start the entire application process over again. During the appeals process, medical records and other documents may be requested as proof of disability before a decision is made by an administrative law judge.

Seeking Professional Help

Navigating through the application and appeals process can be confusing and difficult without professional help from someone who understands the ins and outs of SSDI claims. An experienced attorney or advocate can provide valuable assistance by helping prepare all necessary paperwork and providing support throughout the entire process—from filing initial applications all the way through appealing denials if needed. In some cases, they may even expedite payments so that those in need receive their benefits faster than waiting on SSA timelines alone.

Securing Social Security Disability (SSDI) benefits can seem like a daunting task; however, with proper preparation and understanding of how to file an application as well as what to do if it’s denied, individuals in need of financial assistance due to disability can get the benefits they deserve faster than ever before with help from legal professionals specializing in these types of cases. With their help, disabled individuals can get back on their feet financially sooner rather than later while ensuring they receive all of their entitled benefits under SSDI law.

What to Do if You Can’t Pay Child Support – Guest Post

   

Can’t Pay Child Support

No matter how hard you work, sometimes life gets in the way and you can’t make your child support payments on time. If this happens to you, it’s important to take action immediately to avoid any legal consequences. Here’s what to do if you can’t pay child support.

Communicate With Your Child Support Office

If you’re struggling to make your child support payments, the first thing you should do is reach out to your state’s child support enforcement office. They may be able to work with you to establish a new payment plan that better suits your current financial situation. In some cases, they may even be able to lower your monthly payments temporarily. However, it’s important to remember that this is only an option if you proactively reach out; if you simply stop making payments without explanation, you could face serious legal repercussions.

Get Current on Payments as Soon as Possible

Even if you can’t afford your full child support payments, it’s important to try and stay current on what you do owe. Every state has different regulations regarding child support, but in most cases, falling behind on payments can result in wage garnishment, seizure of assets, or even jail time. If you’re facing financial hardship, your first step should always be to reach out to the child support office so they’re aware of your situation; this ensures that you won’t be caught off guard if they do take legal action against you.

Seek Professional Help

If you’re struggling to make ends meet and don’t see a way to afford your child support payments, it may be time to seek professional help. A financial advisor can help you create a budget and determine what expenses are non-negotiable so that you can free up some extra cash each month. In some cases, they may even be able to negotiate with your child support office on your behalf. No matter what route you decide to go, taking action sooner rather than later is always in your best interest—both financially and legally. Additionally, you might need to reach out to a family lawyer. Family lawyers can help you navigate the court system, should you need to appear for a ruling.

If you find yourself in a situation where you can’t pay child support, it’s important to take action immediately in order to avoid any legal repercussions. The first step is always to reach out to the child support office and explain your situation; they may be able to work with you to create a new payment plan. Remember that it’s also crucial to stay current on payments as much as possible; falling behind could have serious legal consequences. Finally, if you’re truly struggling to make ends meet, seek professional help so that they can assist you in creating a budget and determine what expenses are non-negotiable. Taking these steps will help ensure that you can maintain compliance with your child support obligations—no matter what life throws your way.

What To Do if You’re Injured in a Trucking Accident – Guest Post

   

Injured in a Trucking Accident

While it is not pleasant to think about, being involved in a trucking accident can change your life. Unlike typical vehicle accidents, those involving trucks can end up creating more catastrophic damage. If you have recently been involved in a trucking accident, there are some key steps down below that you will want to take or keep in mind while going forward.

Get Medical Assistance

In the aftermath of a trucking accident, it is imperative that you seek medical assistance if you are injured. It is not recommended to wait until later, as this could harm your case. You could also miss any possible unnoticeable injuries, only making the situation worse. You want to have documented records that you went to a medical professional and received a diagnosis of your injuries sustained from the collision.

Contact the Police

Another important step that you will want to take is to contact the police. This will allow them to not only keep you safe from the surrounding traffic, but they will produce an accident report. This report will include information for you and the other parties involved as well as any evidence that they see at the time of their report that indicates a fault. This will also come in handy if you happen to decide to go the legal route.

Get Witness Information and Statements

Witnesses can be a big component of any trucking accident case. It is best to gather witness information and any statements at the time of the accident. You will want to pass this information on quickly to a local law firm like Nelson Law, LLC. The sooner they will be able to contact these witnesses, the sooner they can document formal statements to assist in your case.

Document the Scene

If possible, you will want to document the scene or contact someone to do so for you. This includes taking pictures of the accident, both vehicles, and the surrounding area. Pay particular attention to any obstacles that were involved in the accident. Document the truck’s condition, company name, DOT number, and license plate number. The more documentation that you gather at the scene, the more your lawyer will have to construct your case with.

Contact an Experienced Lawyer

Due to the catastrophic nature of trucking accidents, you do not want to undergo insurance and compensation claims on your own. Rather, you want to hire an experienced personal injury attorney. You want to find one that regularly handles trucking accident cases, as they will possess the most knowledge about this type of litigation. A good lawyer will be able to collect evidence and deal with the insurance company for you. This is why it is very important to be honest with your lawyer so that they can build a solid case.

Being involved in a trucking accident can be a terrifying experience for anyone. When you are injured as a result, it is imperative that you follow the steps above to ensure your best chance of adequate compensation for the incident.

WHEN TO TAKE LEGAL ACTION AGAINST A CLIENT – Guest Post

   

LEGAL ACTION AGAINST A CLIENT

Much attention is paid to strategies for keeping businesses out of litigation issues, but what happens when it might be time for a business to be the party that initiates legal action?

In any business, client relationships can break down; sometimes, through no fault of its own, a business is not correctly compensated for the work they have supplied and must consider how far it will go to rectify the issue. Bad payers are a problem most companies will face from time to time, and knowing what steps to take can make the ordeal a little easier to manage.

Some clients simply stop paying and communicating, which can be particularly stressful, especially if there’s a large amount owing and the work must be halted. Other times, vendors fail to provide the service or product a business has paid them for, and they, too, can become elusive and difficult to communicate with.

Taking legal action is the last resort, but sometimes there is no alternative; of course, it’s a matter of weighing up the financial pros and cons, but it’s also important to understand at what stage litigation becomes an appropriate option.

Here are the steps to take on the road to taking legal action against a client.

CAREFULLY REVIEW THE CONTRACT

Before you make any moves, it’s imperative that you carefully review the contract agreed between you and the client to ensure that you accurately represent both your and the other party’s responsibilities to the other.

In reviewing the contract, you can be absolutely sure that you have fulfilled your agreed obligations before reaching out to address their failure to do the same. It can be helpful to make a list as you go through the contract and record everything that has and/or has not been fulfilled.

If there is no one ‘contractual document’ to refer to, remember that any written records of agreements (such as emails) regarding expectations, prices, timeframes, etc., can also be used in lieu of an official contract. Of course, having a legal contract in place is ideal, but a chain of (email) correspondence is still useful.

ATTEMPT TO RESOLVE THE SITUATION DIRECTLY

When taking legal action, it’s essential to be able to clearly demonstrate that you have attempted to resolve the matter amicably (and a generous serving of good grace goes a long way, too).

When you reach out in an attempt to resolve the situation amicably, you are demonstrating good faith and reasonable intent should a court ever review the case. In the best-case scenario, however, your attempt to reach out directly will bring the matter to a satisfactory close without the need to take it to court.

Finding out why the client is refusing to pay can provide invaluable information that can help you to solve the issue amicably. Perhaps they are suffering unexpected financial hardship, and an agreeable payment plan can be established, or maybe they are unhappy with your work, and their complaints are rectifiable.

Reach out respectfully – always in writing to maintain a clearly documented trail of correspondence – and demonstrate your willingness to be mutually reasonable. You may be surprised to discover that the issue is more easily fixed than you thought. Otherwise, it’s time to take the next step — engaging a team of contract dispute lawyers to deal with the matter formally.

ISSUE A FINAL DEMAND

If no reasonable solution can be reached and the client continues to refuse payment, the next step is to have your lawyer send them a demand letter. A demand letter (also known as a formal or final demand) is a letter issuing a final warning of your intent to begin legal proceedings. A demand letter is often the first thing a judge will want to see that you have issued should you file a formal legal complaint.

A demand letter should clearly outline the amount owed, the date the payment was due to be paid, and advise of the legal action you intend to take if they continue to refuse to pay. Sometimes, a strongly worded demand letter highlighting the intent to initiate legal action is all it takes for a bad payer to cough up or commit to a payment plan to avoid court proceedings.

SUE VIA SMALL CLAIMS COURT

If the final demand letter proves fruitless, it’s time to consider suing the client in small claims court. The maximum amount that you can sue for differs between states; in Kansas, it’s $4,000, while in Missouri, the maximum is $5,000. Small claims courts are designed to facilitate quick and easy resolutions to relatively small disputes, avoiding the greater costs and time it takes to pursue legal matters in civil court. It may not be necessary to engage an attorney for a small claims matter, and verdicts are typically quickly returned after the hearing.

SUE VIA CIVIL COURT

It isn’t common to see a debt-related case handled via civil court, as the costs and risks of going to trial are usually enough of a deterrent to both parties. Nevertheless, the amount owing and the nature of the dispute may call for a County or District Court to solve. If the dispute goes this far, it will be necessary to engage with an attorney to help navigate the complexities of civil case procedures and ensure the best possible outcome.

THE BOTTOM LINE

Legal action should always be considered the last resort for obvious reasons. The time, cost, and stress involved in taking legal action should be avoided if possible, and no matter how watertight you’re sure your case is, the process of going to court can dish up some surprising turns that can prove it to be far less clear-cut than anticipated.

That said, if you have no choice but to pursue legal action, investing in expert advice from legal professionals can save you a great deal of time and money in the long run.

5 Reasons To Hire A Lawyer For Criminal Defense – Guest Post

   

Hire A Lawyer For Criminal Defense

When you face criminal charges, you need to be sure you are doing all you can to protect yourself and your future. One of the biggest mistakes you could make is neglecting to seek legal counsel. Here are five reasons why you shouldn’t go it alone, even if your charges are “minor”, and why hiring a criminal defense attorney is necessary when facing criminal charges.

  1. They Know The Local Judicial System 

One of the most important reasons to hire an attorney is that they know how the process works. Attorneys have been to court countless times, have navigated and studied the law, and understand how to build a solid defense. Representing yourself could put you at risk of an unfair result due to a lack of understanding of the process and what’s required. And, as important as knowing the system, they know the local players and the playing field. Individual courthouses are often their own little kingdoms and each handles matters somewhat differently. Also, prosecutors are individuals. They have patterns in how they handle cases and it’s vital to have knowledge of the individual courthouse and prosecutor.

  1. They Have Had Similar Cases

You could hire any attorney to handle your case, but only when you choose a criminal defense attorney can you be sure that the attorney you choose has dealt with cases similar to yours in the past. An experienced attorney has walked this road before with others, and they can guide you through the process with knowledge and understanding of how to get the best possible outcome.

  1. You May Save Money

Yes, attorneys cost money, but when you hire an attorney with the right knowledge to handle your specific type of case, you usually end up saving money. Not only do you position yourself for the best possible scenario for your case, but you may also avoid months of delays and unintended consequences due to an inexperienced legal team, or you’re handling your case as a layperson. If you are able to get a favorable result, you may be able to keep your job, minimize the impact of any record on your future, especially jobs and housing, and protect your assets. This is possible with the right legal representation.

  1. They Arm You With Knowledge 

Going to court for a criminal case can bring up intense emotions. Your criminal defense attorney can help you manage those emotions by providing education about what to expect and what you can do to position yourself for the best outcome. When you know the realities of the legal system and the court process, and you have an experienced hand guiding you to navigate the system, you will be less likely to give in to these challenging emotions and make an error in judgment that could make things worse both in court and outside of court. You will know what you can do to minimize the impact of the case on your life, and you will have more peace of mind as a result.

  1. You Have Access To More Resources

Building a criminal defense involves properly investigating the evidence, reviewing documents, speaking to witnesses, and sometimes the work of experts, to piece together what really happened and what accusations can be proven. Your legal team knows who to turn to investigate and analyze evidence, and they have the knowledge to determine the best way to defend you against the charges. They can also guide you as to whether or not you should plea bargain for the best possible outcome or take the case to trial. These resources and analysis help find the best way forward in a case like yours, and you will simply not have the same guidance without a criminal defense attorney.

When criminal accusations are brought against you, you need the right help to keep those charges from turning your life upside down. Heading into court to face criminal charges alone, or with an inexperienced attorney, puts you at a significant disadvantage. An experienced, skilled criminal defense attorney will help you get the best possible outcome during one of the most difficult times in your life.