Does my small business need a lawyer?

By on 2-15-2017 in Business Law

Small businesses continue to be the lifeblood of the American economy as we recover from the 2008 recession. The importance of small businesses cannot be understated. In the first three fiscal quarters of 2014, reports the Small Business Association, small businesses added 1.4 million new jobs, 39% of which were from very small businesses (with fewer than 50 people).

In the early stages of entrepreneurship, the chaos of managing your business can be overwhelming. Hiring, paying bills, and building a customer base take time and energy, and can often leave no time for complicated legal procedure. According to Austin business lawyers at Slater Pugh, Ltd. LLP, for medium and large sized businesses there are a range of legal issues which must occasionally be dealt with to ensure the ongoing success of the company. While you cannot avoid seeking legal advice forever, there are several tasks you can complete yourself to get your business on its feet. For example, creating a legal partnership agreement or limited liability corporation agreement can be done with the assistance of online legal resources and is essential to a successful business.

In addition, finances frequently seem too tight to afford a business lawyer. Investopedia outlines several generic costs that small business owners face. These include research expenses, borrowing costs, advertising and promotion, employee expenses, and technological expenses. With all these expenses, legal bills can become an afterthought.

Getting a lawyer for your small business is ultimately a preventative measure. You may not need them immediately, but they can help prepare you for the moment when you are dealing with a breach of contract or customer lawsuit. Do not be caught off guard; utilize legal services before it is too late for your business.

Fighting Charges Related to Controlled Substances

By on 10-13-2016 in Drug Crimes

According to the website of Horst Law, a conviction on any charges related to a controlled substance will have the potential to affect just about every aspect of your life. Bearing that in mind, you will need to do everything you can to defend yourself as you work your way through the coming legal process. In any event, it is important to remember you right to remain silent.

Defending Against Your Charges

As frightening as the possible consequences of a conviction can be, you need to remember that you have not been convicted of anything yet and that you will still have the opportunity to defend yourself against your charges. You may be facing accusations of something like:

  • Marijuana Possession
  • Cocaine Possession
  • Heroin Possession
  • Methamphetamine Possession
  • Controlled Substance/Drug Possession
  • Controlled Substance/Drug Sales
  • Controlled Substance/Drug Manufacturing / Delivery
  • Controlled Substance/Drug Traffic / Distribution
  • Controlled Substance/Drug Paraphernalia
  • Controlled Substance/Drug Importation

Whatever the particulars of your charges happen to be, you should be aware that the penalties for drug charges are lopsidedly stiff and overly harsh across the board.

Because of the nature of punishments for drug crimes, if you have been charged with any criminal offense associated with a controlled substance, you will need to do everything you can to defend yourself against the possible consequences of a conviction. Your future depends on your actions. These are serious charges with life-changing consequences, so it’s imperative that you fight them with as much vigor as possible.

Activities that may Lead to a Drug Crime

By on 6-13-2016 in Criminal Defense, Drug Crimes

Any drug-related activity, including manufacture, marketing, distribution, possession or use of illegal drugs and drug-related equipment, is considered a major offense in the U.S., is punished with a jail term and huge fines, and is sure to imprint a mark which will negatively affect one’s life for many years to come.

Being charged or convicted of a criminal offense, especially one that is related to illegal drugs can ruin one’s career and entail lots of limits and inconveniences, including difficulty in finding a decent place to live in, failing to qualify for financial aid for college, restrictions on international travel, difficulty in obtaining a professional license, and getting unfavorable results on issues of child custody and visitation rights.

One specific kind of drug that has been prohibited in the US is cocaine, the second most widely used illegal drug in the U.S. (the first is marijuana or cannabis). Cocaine has been classified by the US Controlled Substances Act (CSA) as a Schedule II drug, a type of drug that has a high potential for abuse; doctors, however, may administer it to patients for certain medical reasons. (The CSA, which is Title II of the Comprehensive Drug Abuse Prevention and Control Act, is a federal drug policy that was signed into law by the US Congress in 1970; this policy aims to regulate the importation, manufacture, possession, distribution and use of different substances.)

A website called Brent Horst Attorney At Law says that a person can also get arrested and charged with a drug crime if he or she:

  • is found in possession of a drug without a prescription;
  • gives his or her prescription drugs to someone else and this other person is harmed due to a bad reaction of the drug;
  • is found guilty of drug trafficking, which is characterized by the selling a of pills to someone else;
  • forges or alters a prescription or steals blank prescription forms; and,
  • drives under the influence of a prescription or illegal drug.

Substance abuse or drug-related crimes can have a long-term effect in any one’s life. A criminal charge as serious as one that involves drugs necessitates a very tough defense which may help save a person’s future from getting ruined. A person who has been charged but entrusts his or her court defense to an unexperienced criminal defense lawyer may very well close his door to a promising future. With a drug charge, it is either behind bars or a fulfilling life. A seasoned criminal defense lawyer may be able to help in making possible the latter.

Workplace Injury and Employer Liability

By on 2-14-2016 in Accidents and Injuries, Employment

According to the website of Williams Kherkher, worker’s compensation is one of the many benefits that each employed worker has, and they can avail of such benefit in the event of a workplace accident. It is given regardless of who caused the accident, and it will help provide for lost wages and medical expenses brought about by the accident. The accident does not have to occur within the workplace, either; worker’s compensation will include workers who got involved in an accident outside of the workplace as long as they are under their working hours and when they are doing their job.

It is important, though, that each company may have their own regulations regarding job-related injuries and how they define negligence and disregard of workplace safety rules. Almost all states require employers to get worker’s compensation for all their workers that are classified as employees, except for some employed workers who are not included according to the worker’s compensation requirements of the state such as seasonal workers, independent contractors, domestic workers, railroad workers, and many others. If you have filed for a workers’ compensation benefit, you don’t have legal right to sue your employer for personal injury since worker’s compensation also works as protection to the company.

Depending on the type of work you do and your relationship with the employer, you may have other alternatives to workers’ compensation especially for those who are not covered with workers’ compensation. Going online, you can have a free consultation and review of your claim from a lawyer, therefore your options are not really limited. Workers compensation may be a no-fault system, but intentional harm on the side of the employer can be grounds for lawsuits. it not only covers for physical harm but also emotional and mental distress that the employer can cause to the worker.

Immigration Law

By on 8-09-2015 in Immigration Laws

Immigrating can be an extremely complex and life changing decision. This is a process that has many legal implications and can be difficult to navigate if one chooses to pursue it on their own. It is highly advisable then, to seek legal representation or consultation during this process, to navigate the many complications that can arise.

According to the website of the Law Office of William Jang, PLLC, common areas in which complications can arise in the immigration process are: Green Cards,  Employment Immigration, Visas and Immigration Status, and Family Immigration. Visas can be very helpful in saving a client time and unnecessary difficulties. If a stay in a country is intended to be temporary in any way, there are many options of Visas that can simplify the lengthy immigration process. A green card is in many cases the first step to achieving United States citizenship. It can be a great avenue to pursue when beginning he immigration process. There can be many different circumstances under which one might pursue a green card or visa. One of the most common is for employment purposes. Another is to gain proximity to close family members. The deferred action program “allows individuals in specific circumstances to remain in the country even if their status as immigrants doesn’t meet current legal requirements.” This can be a complicated process and legal representation is recommended in these cases as well. Whatever the circumstances of ones immigration or pursuit of citizenship, and can be a very complicated process.

While immigration can be an incredibly lengthy, complicated, and somewhat frustrating process, there are ways to make it less stressful. With proper legal representation this process can go as smoothly as possible, and be less of an ordeal for you and your family. It is important that if immigration is something you are considering, consult an experienced legal professional first.

Trucking Accidents and their Victims

By on 8-08-2015 in Accidents and Injuries

Road safety is something that everyone aspires to. However, even the most cautious drivers can fall victim to dangerous accidents. Some of the most dangerous and harmful accidents involve the crash of a truck or other large vehicle. Because these vehicles are so much larger than the average car, the damage they inflict is far more forceful. These accidents can have lasting effects and are not to be taken lightly. Therefore it is important to know the best ways to avoid such collisions to practice as much caution as possible.

According to the website of The Abel Law Firm, common types of truck accidents include: “Drunk driving, Truck defect/malfunction, Trucking company negligence, Truck driver error/negligence, and No-zone truck accidents.” These examples illustrate the three different elements that are liable to make a mistake when sharing the road with a truck or large vehicle.

The first is the driver of the truck or large vehicle. Drunk driving is a common example of how the judgment of the driver could be altered or impaired. This makes an oversight on the drivers part far more likely, greatly increasing their chances of collision. The next element that could make a mistake is the other drivers of average sized vehicles. No zone accidents are a common example of how this person could experience a lapse in judgment. No zones refer to the areas around a truck in which it is more difficult for the driver to see surrounding vehicle because of the trucks size. Similar to a cars blind spots, these “no zones” are much bigger and therefore pose more of a danger. It is important for other drivers of small vehicles to not linger in these no zones, because that greatly increases the risk of an accident.

The last element is the truck itself. If there has been an oversight by the truck manufacturer, there could be a defect in the vehicle that can make even the safest drivers victims to a terrible accident.

Truck accidents are unfortunately often the fault of the carelessness or neglect of another. In these cases the victim may be owed certain damages.

Probate Law Primer

By on 8-07-2015 in Estates

Loss is always difficult to cope with. Of all of the confusing feelings and processes that come with loosing someone, the last thing on many people minds is how to allocate whatever resources they left behind. Often this can be a complicated and sometimes emotional process, and is therefore often handled by a legal representative, known in this case as a probate lawyer.

Probate refers to a legal document, which specifies the manner and the people involved in the execution of the deceased’s will. The will express the deceased wishes as to how the assets they left behind would be distributed. This is always an emotional process, yet in many cases, conflicts can arise, especially if a will is “contested,” if an argument is brought against it.

According to the website of Houston lawyers of the Mokaram Law Firm, the administration or litigation of an estate is extremely complicated, and the outcome of these legal matters can have long-lasting implications. Whether it is a mater of fraud, forgery, duress, or mental incapacity, these disputes can take an already tumultuous time and make it even more stressful. These circumstances can occur in any number of ways, and therefore every case of disputes such as these must be handled individually, as every case has its own unique circumstances and history that must be taken into account.

The division of one’s assets is a sensitive issue in which many involved have strong feelings on the matter. In order to make this process as smooth as possible, it is important to seek experienced legal representation that can handle your unique situation.

Divorce and Family Conflicts

By on 8-06-2015 in Divorces

Families are complicated. We all experience difficulties within our own families- good times and bad. Yet sometimes the issues become more serious than a simple conflict that can be handled internally. Sometimes familial disputes require legal intervention. In these cases, it is vitally important that all parties involved are aware of the many nuanced aspects of these conflicts and the many resources available to them as they seek to navigate these tumultuous times as smoothly as possible.

According to the website of Holmes, Diggs, Eames & Sadler, some of the conflict couples may seek to resolve through family law include: divorce, adoption, Pre- and post-marital agreements, Paternity cases, Child support, Domestic violence, Parental kidnapping, Child abuse, and Retirement plans. Of these, divorce proves to be one of the most complex conflicts a family can face.

Many see divorce as a simple process, but it is often a very nuanced process, with many layers of points of potential conflict within the legal process that can be difficult to navigate. A Cedar Rapids divorce lawyer will probably be aware that some of the conflicts couples may seek to resolve as they seek a divorce include: alimony, division of property, and child custody. While not every family or couple will encounter all of these conflicts with their divorce conflicts, it is important that they seek representation that understands every case is different and has their own unique issues. A qualified can truly make the difference in these scenarios.

Family conflicts can be incredible stressful to resolve. According to the website of Arenson Law Group, PC “whether due to a divorce, a death in the family, or the desire to adopt a child, fighting for both your individual rights as well as the well-being of your family can be difficult to do on your own.”

Mobile Apps for Law Firms

By on 8-05-2015 in Technology

Today, technology is ever expanding. Smart phones are becoming an increasingly vital and necessary part of our lives and more and more people realize there is an app for everything. These advancements make our lives easier and our world more connected. However, many aren’t using these advancements to their full potential. This technology does not just have social applications, but can be incorporated into many business models to increase revenue and connectivity to clients and modernize a business’s image. Software designers aim to provide quality app services to many small business, such as attorneys.

According to the website of Big Momma Apps, a law firm app would allow an attorney’s clients to stay constantly connected to them. It would allow them an easy, mobile platform by which clients and potential clients could see the services they offer. The three most important aspects of business that utilizes modern technology are immediacy, customizability, and personal connection. Giving clients access to a well design smart phone app for their law office would allow them immediate access to the wealth of information their experienced attorneys offered them. They would be able to customize their app so that it met their specific needs, rather than a website which must appeal and aid a far more general audience. Finally, utilizing this technology creates a more personal connection between the client and their law office; they have constant access to the resources and use the app in the development of their relationship with their attorney.

When someone seeks legal counsel, they want to know that they are getting the most advanced, attentive representation available to them. Making your firm’s resources available to clients through a mobile app puts them at ease in a way that would have been unprecedented before these technological advancements. This technology-driven world we now live in calls for business to move forward with the times and take advantage of all the new mediums available to them to help their clients.

What’s Functional Employment Testing?

By on 8-04-2015 in Employment

As people seek fulfillment from their daily jobs and lifelong careers, they often hope that they are the right fit for their chosen employment. Likewise, employers desire their staff to be adequately suited for their assigned positions. A job should leave the employee happy and healthy and utilizing their skills and an employee satisfied and unconcerned about who they have trusted with their business. In order to ensure these ideal circumstances, recent trends have emerged. One if the most successful of these trends is Functional Employment Testing.

According to the website of WorkSTEPS, one of the nation’s leading providers of Functional employment testing, functional employment testing “was founded to meet a critical employer need – to create a medically safe, legally compliant, scientific and objective means of matching a worker’s functional capabilities with the essential functions of the job.”

Functional Employment testing can be done before an employee is hired to see if they would be a suitable fit for the job and duties required of them. Many employers are also choosing to utilize functional employment testing to evaluate their current employees. Employers have found that this has led to a decrease in workers compensation claims, an increase in the productivity of their workforce, fewer cases of fraud and abuse and fewer turnovers in their positions. If the health of the workforce is evaluated before any instances of workplace injury occur, the entire workforce is safer and happier.

If your company requires strenuous work, or if it simply desires to have the most productive, qualified, and safe workforce possible, functional employment testing could be an avenue you wish to pursue.