Archive for June, 2009

Joint Venture Marketing: Creating a Mutually Beneficial Contract

Tuesday, June 30th, 2009

When embarking on a new joint venture marketing partnership, there are a variety of forms your partnership can take. Some small businesses that are newer or just starting out often prefer a more informal agreement – something along the lines of mutual and equal advertising space on one another’s websites. Go to contracts for more information.

However, even an informal agreement will require a contract of some sort to protect both parties and to be certain that all participating achieve their goals, and that everyone is held to equal standards. Putting a contract in place is also important so that each party knows what to expect.

For a simple contract, the involvement of an attorney is quite minimal, if necessary at all. There are a variety of websites that inform how to write your own legally binding contracts, and plenty that offer downloadable generic contracts that are flexible and applicable to a variety of cases, as well as being legally binding.

A More Formal Contract

If you are a large and established business and want the confidence of a formal contract, there are several steps you will want to take in order to obtain and establish the contract that will best represent the needs of your company. A contract may also be a good idea if you embark on a joint venture marketing partnership with more than one partner. The more parties that are involved, the more contract details and potential difficulties may arise. To ensure good business practices and insurance for all involved, a formal contract is a good idea. Refer to legal forms for further information.

Identifying the appropriate attorney to draw up the contract for your business and your joint venture marketing partnership can prove to be a daunting task, especially if you have not managed legal issues in the past. An excellent first step to help you navigate this process is to consult with resource agencies that can provide background information on what you’ll need to look for in an attorney, what data to present, what questions to ask, as well as potentially making suggestions for specific attorneys they recommend.

Resources and Government Agencies

Government agencies and even local agencies like your Better Business Bureau offer a wealth of basic information to help guide you through the process of learning about a joint venture partnership, as well as the basic business practices and legal ramifications of such a venture. These agencies provide a wealth of resources to help you coordinate the steps that your specific business needs to take when beginning to navigate this process, as well as inform you how to interact with your now potential partners and how to guide the process to get the best out of your new partnership.

Government and local resource agencies will also be able to help you find the right attorney for your business. They will have lists of attorneys and often lists of other clients they have directed to each attorney. In some cases, you will even be able to make contact with other businesses, which have used the suggested attorney, allowing you to get feedback on the performance of your new attorney from a business that has had direct experience with him or her.

A formal, legal binding contract that has been drawn up by a practicing attorney may be exactly what your business and new joint venture marketing partnership needs to impart a sense of security to all members. It can be a daunting process, but there are many resources available to help you get started so the prospect of selecting an attorney need not be such an overwhelming task. Visit legal documents for more information.

Legal Careers without a Law Degree

Sunday, June 28th, 2009

If you’ve always wanted a challenging career in the legal field but the long years and heavy debt of law school were not right for you, there are alternatives. You can work closely with attorneys and immerse yourself in the law by pursuing several interesting careers with an Associate’s degree or specialized training. Three legal careers that are hot right now are Paralegal, Legal Secretary and Court Reporter. All of these are in demand, have excellent salaries and promise continued growth in the future. Go to lawyers for more information.

Paralegals work closely with attorneys, assisting them in preparing everything from legal briefs to depositions. Most paralegals spend a great deal of time researching court cases and reading about current legal research and trends in order to stay abreast of what’s going on in the legal community. Paralegals are also entrusted with interviewing clients, interviewing witnesses and investigating the facts of a case. They may follow leads in order to confirm information or make arrangements to question witnesses in the event of a criminal investigation.

It is a paralegal’s job to make sure that the attorney he or she works for always has the most available research on case law available at their fingertips, and that all pleadings and other necessary paperwork is ready at all times. He or she should also be prepared to obtain sworn affidavits at all times. To that end, most paralegals are also Notary Publics. Paralegal programs typically last two years and result in an Associates degree or certificate. Course work will cover proper research techniques, preparation of legal documents, state and federal statutes, proper investigative techniques, court structure, legal terminology, rules of hearsay, preparation, discovery and a host of other issues. Refer to legal assistance for more information.

Legal Secretaries do less research but have more generalized duties in a law office. These are the secretaries who do everything from handling correspondence for the attorneys to scheduling depositions, meetings and hearings. If you work for a corporate legal department, you may also verify, quote, review and summarize the content of legal journals for busy executives. Legal secretaries generally receive secretarial training that focuses on legal terminology and the use of a wide range of office equipment, including transcription machines and computers. Legal terminology and administrative skills are also taught, and you will generally receive a certificate at the end of the program.

Court reporters are currently in high demand, and it appears that this trend will continue in the next several years. It’s a face that more positions will open up than there will be trained people to fill them. Court reporters must be able to pay attention to the details of events, particularly the conversations taking place at all times. And, they must be able to record them with precise detail and accuracy. The training for a court reporter is strenuous. A typical court stenographer can record over two-hundred words per minute by the end of their training. He or she will also be able to translate the information transcribed into accurate legal documents for use by the court system.

Most court reporters work in either the criminal or civic court systems. You may work for a particular judge or be a part of a team of reporters regularly hired by attorneys or law firms for anything from depositions to trials. Some corporations also have court reporters on staff to record meetings. There are now several methods of court reporting available. The most widely used and most traditional is still court stenography. This also requires the most training (generally about 33 months) in order to become proficient on the stenographic machine. Voice writers (using a voice recording machine and transcribing the text later) can usually complete training within a year. Both courses are certificate programs. The National Court Reporters Association offers certification for those who can prove proficiency at recording over 225 words per minute. A Certified Court Reporter (CCR) classification and Notary Public license is required in some states.

With new laws passed every year and family law and civil litigation steadily increasing, the need for qualified legal professionals is growing. An Associate’s degree as a paralegal or legal secretary or a certification as a court reporter may be the key to your successful legal career. Visit prepaid legal for further information.

An Overview Of Legal Divorce Papers

Monday, June 15th, 2009

When you are beginning the process of divorcing your spouse, you will have to fill out divorce papers. Although this can be a lengthy and time consuming process, your attorney will be able to walk you through it. Divorce papers are necessary when getting a divorce because they will dictate what each party desires as an outcome. These documents can contain information ranging from property division to custody and visitation rights. Go to lawyers for more in formation.

Before filling out divorce papers, it is important you sit down with your lawyer and establish clear priorities for yourself. If children are involved in the divorce proceedings, then you will need to learn about the child custody laws for your state. When obtaining divorce papers, you should visit your County Clerk office to get the proper forms because each state will have their own guidelines and requirements for these types of documents.

Once that process is completed, you should list all the assets that will need to be divided and decide what possessions you want. This involves really considering what your priorities are and what is important to you.

If children are involved and you are seeking custody, then this will most likely become a substantial part of the entire settlement. If a prenuptial agreement was signed before the marriage, then assets must be divided according to what was outlined in that document.

Once you have divided up and listed the assets you want, then you will begin the process of filling out divorce papers. Most of these documents have the basic outline, and will vary when you reach the child custody laws. One thing to remember is that any legal action will be dictated by the laws and requirements of the state and county you live in, so having a knowledgeable lawyer is extremely important.

A lawyer will also help you obtain the correct document if your particular jurisdiction has their own variations. The first part of a legal document that will be filed in court is the name and address of the jurisdiction, the names of the parties involved in the case, and a case number for future court reference. These comprise the “captions,” or upper portion of the first page.

There is also a notary clause in legal documents, which is a sworn statement by a notary that the individuals filling out the forms are who they claim to be. When a person signs a notarized document, they must swear in front of witnesses about their identity and provide physical proof. Refer to legal assistance for more information.

In some instances, someone other than a lawyer may help you fill out a legal form. If this occurs, there is a new stipulation in the papers that requires non-lawyers to disclose themselves to the court so the legal system will know who was involved in filling out the papers.

Child support laws will dictate what is spelled out in your divorce papers. The Federal government requires every state to supply their own forms regarding child custody laws. It is important that you obtain the correct forms before filing for divorce. Your particular situation will determine what type of custody law you will follow.

In instances where child custody will be a pressing issue throughout the divorce, it could be worth your while to seek counsel from a child support lawyer, since the majority of battles over child custody revolve around income levels of the custodial parents. When considering how to apply for child custody, the divorced parents must come to an agreement on whether or not joint legal custody, joint physical custody or sole custody will be sought. Once the custody litigation is understood, divorce proceedings can continue to the next level.

Divorce papers play a vital role in a couple’s separation. It will list the legal limitations spelled out by federal, state and county laws. These documents will also attest to the wishes of both parties involved that will be worked out in a marital settlement agreement or in a divorce settlement in front of a judge. Having a good family law attorney will make the entire divorce proceeding easier to handle. Visit prepaid legal for more information.

Legal: Documents You Need For Your Divorce

Friday, June 12th, 2009

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case ultimately will be agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry. Go to contracts for more information.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse’s income is relevant to a number of issues in a divorce case. At a minimum, get your spouse’s last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse’s name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states. Refer to legal forms for more information.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests. Visit legal documents for further information.

Basics of Orlando Real Estate Contract

Wednesday, June 10th, 2009

Orlando is one of the most popular cities in United States and boasts of great weather, pristine lakes and natural beauty. Tourism occupies a significant portion of the economy of Orlando and is mainly responsible for making it a hot favorite spot for relocation. Other reasons include the growth in job opportunities and its excellent infrastructure. The real estate industry of Orlando is flourishing like never before. Go to contracts for more information.

Real estate investments promise maximum profits more than any other form of investment. However, it is imperative for property owners to ensure that they are dealing with the right people and that the property is not a disputed property. Transparency in a deal is crucial to enjoy a hassle-free buying experience. While purchasing any property, both the seller and the buyer enter a mutually agreeable contract commonly referred to as the real estate contract. It is one of the most important elements of property deals. Unfortunately, many people fail to realize its significance.

Since the real estate contracts in Orlando are governed by common law contract principles, individuals must understand some of the key terms pertaining to this branch of law. In most states in America, real estate agents and lawyers used standard contracts that are usually drafted in the form of an offer. Generally, the buyer (offeror) signs it and it is not binding until the seller accepts it.

Thus, mutual assent(or a meeting of the minds) is necessary to indicate that both parties have mutually agreed to enter the contract. In case the seller (offeree) agrees to the exact terms included in the offer, then it indicates acceptance. A counter offer is made if the seller sets a particular time limit within which the deal should be closed. Mutual agreement is the core of any real estate contract. If the conditions specified in the offer are not fulfilled, then the possibility of entering a contract is ruled out.

A real estate contract in Orlando is signed between the two parties, the buyer and seller, for the sale, purchase, exchange or other conveyance of real estate. Typically, real estate contracts are bilateral contracts (two-way agreement), wherein the seller agrees to sell a property and the buyer agrees to buy the same. The Statute of Frauds makes it mandatory for all real estate contracts to be in writing to be enforceable in Orlando. Refer to legal forms for more information.

Some of the legal requirements of a real estate contract are as follows:

Identify the parties: Full names of both the parties are specified in the contract. The parties, buyer(s) and seller(s), are referred to as principals in order to differentiate them from the real agents.

Identify the real estate (property): Proper address and legal description of the property must be clearly indicated to identify it.

Identify the purchase price: The contract must include the amount of the sales price or a reasonably ascertainable figure.

Include signatures: For the contract to be enforceable, it must bear the signatures of both parties.

Include Consideration: Consideration is a binding agent in a contract and refers to the value bargained for in exchange of the property.

Must Involve Competent parties: The contract can be drawn between competent parties usually defined as those with a legal age and sound mind. For instance, mentally impaired, drugged persons, minors cannot enter a contract.

All real estate contracts in Orlando must essentially have a legal purpose. Visit legal documents for further information.

Picking Up The Pieces Of A Broken Lease: Consider Your Options….And Choose The Right Lease

Tuesday, June 2nd, 2009

There are many different situations that can result in the violation of the terms of a lease. Tenants can breach a lease by breaking rules, missing rent payments, abusing the rental property, or otherwise failing to hold up their end of the lease agreement. Alternately, tenants may elect to deliberately break a lease by moving out of the rental property before the conclusion of the lease period has arrived. Go to contracts for more information.

So, as a landlord, how should you choose to respond to a tenant who has violated the terms of the lease? Clearly, your best course of action will always depend on the exact circumstances of the situation you are dealing with. However, here are a few general guidelines that will help you make the right decision for addressing a breach of the lease agreement.

If Your Tenant Has Broken the Rules:

* First, assess the level of seriousness of the violation. Is the problem in question a major violation of the rules or a repeat offense? If so, a more severe penalty may be justified. If not, a written warning and a signed form promising future compliance may be the best option.

* Has the property been damaged? If so, you can bill the tenant directly, include the repair costs on the next rent invoice, work out a payment plan to allow them to reimburse you for the repairs over several months’ time, or deduct the amount directly from their security deposit. If you have any reason to believe that the tenant may be considering a premature departure, it may be best to deduct the repair costs directly from the security deposit to protect your own interests.

* What is your legal vulnerability? If the tenant’s actions are in direct violation of the terms of the lease, you will be more likely to receive a favorable judgment if the matter winds up in court. However, if the rule that has been broken is only implied, vaguely worded, or missing altogether from the lease, it may be best to hold off on eviction until you have amassed a paper trail of documented warnings to the tenant.

* Is your property or your investment at serious risk? If your tenant has been engaging in activities or behaviors that could imperil the property, the neighborhood, your cash flow, or your reputation, an eviction could be warranted. If repeated warnings have been issued and the situation has not been resolved, consider your options, double-check your documentation trail, and begin the process. Refer to legal forms for more information.

If Your Tenant Has Moved Out Before the End of the Lease Period:

* Again, consider the circumstances of the lease violation. Does the tenant have a compelling reason for moving out early, such as a family emergency, a financial crisis, or a divorce? Has the lease just begun, or is it close to completion? Have they tried to talk to you and work out an arrangement? If so, it may be best to try to compromise and find a mutually beneficial solution to the problem, rather than pursuing a legal course of action.

* On the other hand, if a tenant moving out before the conclusion of the lease period has failed to communicate with you, left the property in disrepair, appeared to be deliberately trying to evade paying you, or has otherwise acted in bad faith, it may be best to hold them to the terms of the lease and demand rent payment for the remainder of the stated lease period.

Technically, there is no such thing as breaking a lease by moving out early from a contract law point of view. By signing the lease agreement, they have obligated themselves to honor the contract for the duration of the lease period specified, so you are perfectly justified to attempt to collect rent due by any legal means necessary.

As always, each situation that arises must be carefully considered in context. Take a rational, measured approach, calmly identify pros and cons, and select the course of action that best reflects a balance between ethical property management practices and a respect for the legal rights granted in your jurisdiction. If you think things through carefully rather than responding rashly, you will always make the right decision. Visit legal documents for further information.