March 2019

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Managing Business Disputes

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Business Law Lawyer

Operating a business is often no easy task. As a business owner, you will be responsible for operating in a variety of settings. It’s likely that you will be interfacing with customers, employees, contractors and other businesses on a fairly regular basis. It’s not uncommon for business disputes to arise as a result. A law firm is familiar with the challenges business owner’s today stand to face, especially without crucial legal guidance along the way. Business owners can often feel isolated and lost when it comes to the legalities of business ownership and management. With so much riding on the success of your business, it’s important to equip yourself with knowledge of business law to safeguard your business.

Become Knowledgeable with Employment Law

Disputes amongst employee and employer are among the most common business legal issues today. As a business owner and employer, it’s important that you have some knowledge base of employment law should you be operating a business that employs staff. Failure to do so could result in a disgruntled employee taking legal action for mistreatment. Key employment issues to have awareness around include:

  • Discrimination
  • Sexual Harassment
  • Americans with Disabilities Act
  • Family Medical Leave Act
  • Fair Labor Standards Act
  • Occupational Health and Safety Act (OSHA)

Unfortunately, you may unknowingly do something that is illegal. As a result, you may face a formal complaint from an employee or further legal action. Retaining an attorney can help ensure that you not only have knowledge of employment law but also clear policies and operating procedures in place that are aligned with employment laws.

A Clear Understanding of Contracts

Contractual agreements are a key component to conducting business. Whether you have agreed to something with a simple handshake, or have drawn up a more formalized agreement, contracts occur nearly every day. For a business owner, failing to uphold a deal, or, being taken advantage by someone in breach of contract, may result in litigation. A lawyer can prove beneficial for many reasons:

  • Educate you regarding the documentation to keep
  • Help to successfully draw up a business contract
  • Guide you through the process
  • Represent you should you need to take legal action, or are facing legal action

A poorly executed contract can be incredibly disruptive to the functioning of a business. If goods or services you purchased are not obtained in a timely manner, your business could be impacted. A law firm may be able to help you by taking a closer look at your case.

Have the Counsel of a Business Lawyer

Securing the services of business lawyers can provide business owners with important legal counsel. Many business owners believe that they may not require the help of an attorney unless they face legal proceedings. This is far from the truth. In fact, business lawyers can also work preventatively with business owners. Not only can we provide you with counsel, we can also insure that you take steps towards appropriately managing situations before they become larger issues that require litigation. Although business lawyers come at an expense, their counsel is worth their weight. This is especially true if their guidance helps your business to avoid legal issues later on.

Are you a business owner who has put off finding a business lawyer? Accessing an experienced business law lawyer Rockville, MD chooses doesn’t have to be as stressful as you may have been led to believe. Contact a law firm today so that a lawyer can provide you with clear straightforward rates and the guidance you deserve.

Thanks to The Law Office of Daniel J. Wright for their insight into business law and managing disputes.

What Must I Know Before My Child Custody Hearing?

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Child Custody Modification Lawyer

When two people who had shared children together split up, it is often one parent or the other who receives custody. In some cases, both parents may be awarded joint custody, where they each share a major role in providing for their child. Before walking into your child custody hearing, we highly recommend meeting with an attorney for assistance. Family law cases tend to be more emotionally challenging compared to other disputes handled in court. They can help you prepare for the hearing by providing information, support, and strategy when needed.

Your attorney will do whatever is within their power to see that you are able to continue having a positive and close relationship with your child.

How the Judge Determines Custody

There are many variables a judge is going to consider, before making the final decision about child custody. Factors the judge may use to evaluate what is best, could be things like access to quality education and healthcare, opportunity for hobbies, and which parent can support the child’s physical and emotional needs.

Many parents may worry that if they don’t make more than their former partner, that their chances of being awarded custody are less. However, this may not be the case. If the other parent makes more but doesn’t have enough time to dedicate to spending quality time, he or she may not be chosen for sole custody.

Standards of Best Interests

The family court is going to base their decision on what will be for the betterment of the child’s growth and health. Each state may have different standards on defining what exactly is best, so it is helpful if you consult with an attorney for laws that pertain to you specifically. Despite variances by state, in general the court wants to see that the child can maintain a relationship with each parent equally if possible.

Agreement Through Mediation

Parents who are reasonably amicable with each other and feel comfortable talking directly, may find mediation helpful in resolving the child custody dispute. If parents can work out an agreement that works for both of them, they can avoid the stress and costly fees associated with attending family court. In mediation, an unbiased third party representative is present to facilitate the conversation. If you have ever experienced violence or abuse from your former partner, an attorney may suggest that perhaps mediation is not the best option for you. Under no circumstances should your safety be in jeopardy during child custody negotiations.

We can imagine how much anguish you may be experiencing right now, at the thought that you may lose your child in the custody battle. Call today to book your appointment with a child custody modification lawyer Frisco, TX offers.

Thanks to Scroggins Law Group, PLLC for their insight into family law and what to know before your child custody hearing.

DUI vs DWI

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Dekalb County DUI Lawyer

Many people may have heard of both DUI, “driving under the influence”, and DWI, “driving while intoxicated”, and may think they are the same. While they are similar, these two criminal offenses can also be different depending on the location of which the offense took place. Both DWI and DUI are very serious criminal offenses and can be punishable by jail time, fines, and license revocation. However, while more commonly associated with drinking alcohol while operating a vehicle, these offenses are not limited to alcohol. You are at risk of being charged with a DUI or DWI if you have consumed drug related substances, prescribed or otherwise, while operating a motor vehicle. Many people do not fully understand these charges and the impact that it will have on a defendant’s life.

In several states, DWI charges are usually associated with the use of alcohol while driving and being over the states’ legal limit according to a blood alcohol consent test or urine test. Meanwhile DUI’s are usually associated with both drug and alcohol related offenses. It is best to understand the difference in your state to be able to best understand a charge, if you happen to be charged with either criminal offense.

Acronyms such as “OWI” and “OUI” are also used in some states. This classification makes a clear distinction between physically driving the vehicle, or simply sitting in a vehicle that is on or off and being under the influence of drugs or alcohol. The “O” in these charges represent “operating”. Not every state makes this distinction.

In some states, even if you do pass a BAC test, but fail a field sobriety test you may still be charged with DWI because the officer may feel you are in no position to operate a vehicle in your current state. Also, if you pass a breathalyzer, an officer may still be able to use that information against you in court. It can be assumed that you were not under the influence of alcohol, but drugs.

No matter the reason, if you or someone you know has been charged with a DUI or DWI it is important that you speak with a skilled criminal defense attorney that will be able to review the facts of your case and build your defense. While it may be easy to be charged, with the right attorney, it may be easy to have the case turn in your favor. Contact a Dekalb County DUI lawyer as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and DUI offenses.

Defense for DUI and DWI Offense

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DUI Lawyer Dekalb County, GA

While it may be extremely frustrating, it is possible to beat DUI and DWI charges. If you or someone you know has been charged with driving under the influence, or driving while intoxicated, all hope is not lost, and you should be made aware of the defense possibilities available to you. The right defense can make all of the difference in your case and charges. Charges may be reduced, your license may not be revoked, and in some cases, charges can be dropped entirely.

In order to successfully be prosecuted for a DUI, it must be proven that you were driving a vehicle and were at the same time under the influence of drugs or alcohol. A conviction will be unsuccessful if both cannot be proven.

It is best to understand the state the offense was charged in so you understand the defenses that are available to you if you are convicted, as laws vary from state to state. For example, a DUI charge would only be eligible if the defendant is actually driving a motor vehicle. This means if you were charged with DUI while sleeping in a running, and parked car, there is a reasonable defense available to you. Unfortunately, it is rare that states will require that you must be driving the car to obtain this charge.

The right attorney will be able to pull out any unjustifiable actions made by the arresting officer in your DUI case. There are some cases where officers do not follow the proper procedures, and this can lead to all charges or evidence being thrown out entirely.

If an officer has no probable cause for stopping your vehicle, there is a defense for you. This means, you must be stopped by an officer for disobeying a traffic laws or law in general. An officer cannot stop you for a possible DUI for simply seeing you leave a bar. IF for some reason an officer makes a wrongful arrest for DUI with no probable cause, a judge may consider the evidence used against you as inadmissible. Even still, just because you simply ran a red light, or are stopped for speeding, this does not give the officer enough cause to charge you with a DUI or DWI.

Your legal team can make all of the difference in your DUI case, if you or someone you know has been charged with a DUI or DWI, you may have a legitimate defense and it is wise to speak with an experienced DUI lawyer Dekalb County, GA offers to find those defenses and fight for you.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and DUI charges.