When you apply for a driver’s license, you must pass a test of your knowledge of the traffic laws and rules of the road that you learned from studying a driver’s manual. When you open a small business, no one hands you a manual to study in order to learn fundamental principles of law pertaining to contracts, employment, taxation, employee benefits and other legal issues that routinely arise in business.

Small business owners need to be able to recognize when an activity related to their business requires the assistance of a lawyer. Just as you learned from studying the driver’s manual that you must come to a complete stop when you approach a red, octagonally shaped sign; the seven essential legal tips that follow can help you recognize when to contact a business law attorney for advice and representation.

A verbal contract can be as binding and enforceable as a written one

Contracts are the backbone of the business world. Every time you call a supplier and request a delivery of goods creates a contract that is as valid as a 15-page written and signed document. The problem with verbal agreements has to do with proving what the parties agreed to should it become necessary to go to court to enforce them.

Written contracts avoid disputes over the terms of an agreement. Besides, the law requires that the following types of transactions must be in writing:

·         Agreements for the sale of goods having a value of $500 or more.

·         Agreements for the sale or transfer of real property.

·         Agreements that cannot be fully performed and completed within one year.

Contract laws vary from one state to another, so speak with a business law attorney at Herrig & Vogt about formalizing agreements related to your business.

Select and form a business entity

Deciding on the structure of your business should be the first thing you do when starting a business. The most common forms of business structures are the following:

·         Sole proprietorship.

·         Partnership.

·         Corporation.

·         Limited liability company.

The type of structure you choose will affect how decisions are made, how taxes are paid and the extent of the personal liability of owners for the debts and liabilities of the business. For example, a sole proprietorship is easy to set up and operate, but the personal assets of the owner may be seized to satisfy liabilities related to operation of the business. Talk to an attorney about the structure that is best for your business.

Take steps to protect intellectual property

Turning the name and logo of your business into a brand to attract and retain customers takes time, effort and the expenditure of money that can be lost when used by another business without your permission. This is only one example of the importance of taking steps to protect your rights to intellectual property through patents, trademarks and copyrights.

A consultation with an attorney can identify intellectual property concerns and address them before problems arise.…

Types of Law firms: Variety and Specialty

While there are numerous large law firms across the United States that can tackle almost every legal challenge possible, there are thousands of individual firms across the country that operate in specific areas of US law. From finance to criminal defense, our legal system is extensive, complex, and varied, resulting in a multitude of specialist law firms.

 

Whether you’re looking for legal help or searching for employment, it’s important to understand the differences between all these varieties of US law firms. Take a look at this handy guide to some of the most common law firms in the United States.

Wall Street

Wall Street is home to some of the biggest and most notorious law firms in the world, including Wachtell, Lipton, Rosen & Katz, Cravath, Swaine & Moore LLP, and Sullivan & Cromwell LLP. New York now has thousands of law firms and attorneys and makes up a significant portion of the nation’s legal market.

Despite being based in New York, many firms work with clients from all over the world, dealing with financial and banking matters. Wall Street legal firms are prestigious, making it harder for young graduates to make their way up the ladder – but when they do, it’s certainly rewarding.

Small and Regional

Smaller, more regional firms have a drastically different hierarchical structure and culture to New York firms. Typically, these slower-paced, smaller firms will work with companies and clients across their local area and state. This does not mean, however, that their remit is limited.

Smaller legal firms have to adapt to more specialized legal markets in their states, and will work on a variety of issues from banking and finance to government and regulation.

Solo

All firms start somewhere, and usually, it’s a result of one attorney deciding to ‘go it alone. A solo legal firm is run by one lawyer, and may often provide services in multiple areas of law. Some solo firms may also practice in one specialized area of the law.

A solo firm’s services will typically cost less but will be able to provide high-quality services as a result of hiring paralegals and other legal professionals to assist with the workload.

Criminal

Owing to the complexities of criminal law, many firms across the United States (and indeed the rest of the world) will specialize in providing only criminal law services. Clients will request legal representation for court cases that relate to some form of criminal activity.

Criminal attorneys will often work with other local attorneys and have a knowledge of the most prominent judges in the state and region.

Public defenders are available, but given that clients are often fighting to stay out of prison, a criminal attorney will have extensive experience and a huge deal of knowledge of criminal law.

Transactional

Transactional practice is used when two disputing parties want to stay out of court. Research, preparation, and extensive reviewing of documents and contracts will take place, allowing companies to settle their disputes or go ahead with acquisitions or company mergers.…

‘Attorney” is not only a title—it is a responsibility.

“As officers of the court, lawyers must not only, in fact, be of good moral character but must also be seen to be of good moral character in leading lives in accordance with the highest moral standards of the community. More specifically, a member of the bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistresses [Toledo v. Toledo, 75 SCRA 747 (1963)] but must also behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards” (Tolosa v. Cargo, 171 SCRA 21 [1989]).

A lawyer shall always conduct himself ethically and morally. The best way a lawyer can uphold the integrity and dignity of the legal profession is not to engage in any conduct or do any act that adversely reflects on his fitness to practice law, nor to behave, in his public or private life, in a scandalous manner to the discredit of the legal profession (Rule 17.03, Code of Professional Responsibility). He should instead endeavor to conduct himself at all times in such a way as to give credit to the legal profession and to inspire the confidence, respect, and trust of his clients and the community. (Comments of IBP Committee that drafted the Code, p. 37) It is a fair characterization of the lawyer’s responsibility in our society that he stands “as a shield” in the defense of rights and to ward off wrong. From the profession charged with these responsibilities, there must be expected those qualities of truth-speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have throughout the centuries been compendiously described as “moral character” (Ibid, p. 37).

Some lawyers have taken the forbidden path and, as a consequence, have been disciplined or deprived of their privilege to practice law. Among those acts that adversely reflect on the lawyer’s fitness to practice law, which justifies suspension from a practice or disbarment include gross immorality. Gross immorality is reflective of unfitness to practice.

An act of personal immorality on the part of a lawyer in his private relationship with the opposite sex may put his moral character in doubt. However, to justify suspension or disbarment, the act must not only be immoral; it must be grossly immoral as well. A grossly immoral act is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. It has been held that a lawyer is guilty of gross immorality, which justifies denial of his application to take the lawyer’s oath or, after his admission, his suspension or disbarment, where he lives an adulterous life with a married woman (Cordova v. Cordova, 179 SCRA 837 [1989]), or abandons his lawful wife to live with another woman (Obusan v. Obusan, 128 SCRA 485 [1984]).…

3 Easy Steps to Recruit Jobs in the Cattle Industry:

1) Needs assessment.

This is the first step. You will want to find out if people in your area are going into farm jobs or jobs in the cattle industry and what kind of qualifications they have for these types of positions. If you can’t do a survey yourself, there are plenty of surveys available online from reputable sources.

Once you know which employers need workers most often within your community, it’s time to reach out! Find out different places where one could send their resume to be considered for employment opportunities.

Explore different avenues of recruitment, which include mailers, social media postings, and flyers. You will need to decide what works best for your specific community

This blog post serves as an example of how you can find out more information about the cattle industry by reading our previous blogs! If you are looking into making a career change or want to know more about this growing field, continue reading this post. It is also crucial that one reaches out to an agent if they have any questions. They are happy to help in any way possible with anything related to recruiting Cattle Industry jobs.

2) Outreach.

This is the next step of how to recruit jobs in the cattle industry. You’ll want to put together a list of potential employers who may need someone like you and get your resume out there!

One great way for this would be through direct contact or networking with people working at these places. If you don’t know anyone personally who works at any place you’re considering applying to, start looking into different social media platforms where others share their experiences on what it’s like working at particular companies. This might help give some insight into whether or not they’d be right for you!

Networking can also be helpful when trying to find job leads if this isn’t available through personal contacts already established – look up professional associations related to your industry and see if any of them have a job board or list employment opportunities.

These are great places to learn more about what’s going on in your industry, as well as different job openings that might be a perfect fit for you.

Some other places that may be helpful include trade shows, career fairs, professional conferences, cattle association meetings, for example. Significant agricultural associations can also help you find contacts at various companies they do business with as well – it’s a great way to connect!

Don’t forget about old-fashioned word of mouth either – ask friends and family members who work in this particular field if they know anyone else who could introduce you! You never know what connections might turn up from these types of people, too, because sometimes those are the best sources since their advice comes straight from personal experience rather than just information gathering through research online.…

Attorneys Should Make Their Clients Feel Comfortable

Many, though not all, divorcing clients experience various emotions when their marriage ends, such as fear, anger, hurt, anxiety, or even depression. They may have to endure constant conflict at home; they may be losing sleep or have deep concerns about how their children will handle the impending divorce news.

As a result of the emotions surrounding a breakup, divorce clients are not generally at their best. Attorneys need to keep this in mind as they approach the first client meeting.

Lawyers should try to make their divorce clients as comfortable as possible, which may require the following:

• compassion—attorneys are not therapists, but they should be sensitive to their client’s emotional state
• clear and careful explanations of things—instead of rattling off complex legal theories, statutes, and case law, attorneys should explain the process to the client
• avoid excessive legal jargon—it may be a challenge for some clients to understand complex legal terminology, and
• handouts—divorce clients may have difficulty concentrating or remembering everything a lawyer says during a meeting. It’s helpful for the attorney to provide pen and paper for notetaking or handouts that include the topics discussed during the meeting.

Clients Should Make Sure Their Attorney Is Competent

If you’re going through a divorce and working with an attorney, make sure the attorney you’ve chosen to speak with is experienced and competent. Before you meet with the attorney, look for reviews online and check with the state bar associations to see if past clients have filed cases of professional misconduct against the attorney.

Also, the attorney’s experience must match your needs. Are you in a complicated, international custody battle? Then make sure the attorney you plan to speak to has been practicing custody for several years. Are you the spouse of a wildly successful venture capital investor? Then make sure your attorney has the know-how to handle the complicated financial analysis that is sure to be a major part of your case. A complex divorce may require an attorney who has practiced law for several years.

On the other hand, if you have a simple divorce (no children or assets), a younger attorney may meet all your needs. You can check with the state bar association to determine how long the attorney has practiced law in your state. If you ask the attorney to list prior experience and the attorney doesn’t answer, it might not be a good fit.

You should find an attorney with whom you can carry on a good working relationship. After all, you may be spending a significant amount of time together. Plus, you’re going to be making life-changing decisions in your divorce, so you want an attorney that you can trust and someone who can explain your rights, responsibilities, and options clearly.

If you’re worried about forgetting everything your attorney says, it may be a good idea to ask for recap emails summarizing your meetings. However, this can become expensive (remember, attorneys charge for their time). If that’s not practical, take notes during meetings so you’ll remember any tasks your attorney asked you to complete, and you can take the next steps without excessive follow-up calls or emails.…

Attorney-client Relationship

…

The following section discusses the relationship and interworkings between you and your divorce attorney and his or her staff.

Attorney and Staff

The attorney and staff work as a team, each doing tasks which they can do most efficiently. The legal assistant is billed out at a lower rate than the attorney; therefore, the legal assistant handles much of the time-consuming tasks involved in gathering information and day-to-day contact with the client. You will be dealing with both the attorney and the legal assistant, together and individually, throughout the relationship.

Your Role as the Client

This is your case, not your attorney’s. There are a number of things that you must do during your case.

Be Informed

You should be as informed and as involved in your case as possible. It is important that you read this document and understand all of its provisions and ask any questions that you might have at any time. You should read and understand any and all documents that are produced in your case.

Keep a File

All correspondence and documents produced in your case will be forwarded to you. Please establish one file in which to keep all your divorce-related documents. Please remember to bring that file with you each time that you visit your attorney’s office.

Tell Your Attorney the Truth

You should be completely honest with your attorney on every aspect of your case and give all information about anything of importance to your case. This includes not only information helpful to your case but, equally important, all facts which might be harmful to your case. Chances are your spouse’s attorney is going to find out about them anyway, so please do not let your attorney be the last to know.

These “bad facts” are usually not as harmful as you may think. In this respect, you do need to be made aware that, at any time you are placed under oath at a deposition or a trial, you will be required to tell the truth, the whole truth, and nothing but the truth. If you do not, you subject yourself to criminal perjury charges. Likewise, Texas law requires your attorney to see to it that you tell the truth; therefore, when you are under oath, your attorney cannot and will not condone any testimony by you which is less than the whole truth.

Gather Helpful Information

Facts are the heart of your lawsuit. You will be given information sheets to fill out and requested to gather information and documents. This will be time-consuming and tedious work, but it is extremely important. It must be done. You, the client, have a much greater knowledge of and access to this factual information than your attorney.

Further, as you research and piece together this information, you begin to develop the necessary understanding of your case. You can do this work at no charge to yourself, whereas if the lawyer or staff are required to do it, he/she will be billing you for his/her time and labor.…

Even in the best circumstances, divorce is one of the hardest things you’ll ever do. It’s challenging and emotional to sort through thorny issues like custody, support, and division of assets when there’s already much strain between spouses.

Yet only about 5% of divorces end up going to trial.

Litigation is stressful, costly, time-consuming, and (except under exceptional circumstances) much less private than settling out of court. It’s usually the last-resort last step in an already long, arduous divorce process.

If you can find a way to work together to reach a fair settlement in good faith, it’s generally preferable to do so.

But sometimes, either because a couple absolutely cannot cooperate or because one spouse is genuinely unreasonable, it is necessary to let a judge decide critical issues.

It may also be possible to reach a partial settlement through mediation and reduce the number of issues to be addressed in court.

If your case is going to trial, you will most likely attend several hearings leading up to it. In these brief sessions, the judge will get to know your case and make temporary decisions before you go to trial.

There are several essential steps to help you reach the best possible outcome and minimize the stress and emotional toll in preparation for your trial.

Meet with your lawyer.

It is vital to work with an experienced divorce attorney. Together you’ll work out a strategy, gather evidence, and prepare your witness list. You’ll learn how to testify, preparing for the types of questions you’ll be asked by your attorney, the judge, and under cross-examination by your spouse’s lawyer. You’ll discuss what you should and should not say, what is admissible in court, how much to reveal. You’ll probably role-play and rehearse your answers. Solid preparation will help you stay calm and feel as comfortable and confident as possible when on the stand.

Gather paperwork and financial documents well ahead of time. You don’t want to be in a stressed-out scramble the day before the trial or realize last minute that something is missing. Your lawyer will help you plan what papers you’ll need (tax returns, bank/credit card statements, proof of income, property and mortgage documents, childcare bills, and more) and help you find any necessary financial experts.

Keep your feelings under control.

A divorce trial is full of emotional landmines. You’ll want to keep your emotions in check for your stress level and credibility with the judge. Venting in the courtroom will not help your case. Instead it will make you appear unreasonable or irrational. Practice and preparation will help you stay composed under pressure.

Don’t obsess—take care of yourself and get the personal support you need. Preparation is important, but don’t let it become all-consuming. It’s easy to get caught up in ruminating on it all the time, playing out scenarios in your head.

Take a step back.

Make sure to practice self-care (whatever that means for you), for example: Get exercise, have an enjoyable night out with family or friends, play with your kids, find quiet time alone, or relax with a good book. …

…

…