There are several important legal factor groups to consider when getting into running a home business.
Like it or not, beyond our control, one of them is the legal field.
Did you know that there are also quite a few legalities you will need to keep in mind?
It is true, you will not be able to simply open up your doors and hang out a sign.
As a matter of fact, depending on the business you are running in your home, there are different legal rules and regulations you need to follow.
You need to search for a cheap, sympathetic to you, attorney in the beginning.
You can hold off until you have your first legal question or when your business starts to take off.
When steady business orders start coming in you need to do a short interview with an attorney.
This will prepare you for someone who will try to take cheap legal shots at you. From experience, I can almost guarantee you this will happen.
The better you get in life, at anything, the more others will come after you. Sad but true.
You want to drop $30 or $40 and go over your business with him and ask if he or she feels they can handle legal problems that will come up.
Almost all of them will say yes.
The important thing to do here is to establish a relationship, light though it may be, when a legal problem comes up and any good attorney will steer you in the right direction to solve it.
Frequently, I have found, that it only takes a brief phone call to your now business attorney.
If you say you want an attorney for potential problems in the future, at the beginning, some of them will let you off with no fee because they will hope to get steady and future business from your business legal needs.
For example, if you are planning on opening a home day care business, you will need to have a license to operate.
This will mean that a city inspector will come in and take a look at your residence to make sure it meets the safety codes and rules that your city and state has set forth for home day care centers.
Also, you will need to permit occasional visits from the overseeing government agency to ensure you are still up to code.
Do not be angry over this. They are just doing their job.
If you are living in a covenant controlled community, you will need to dig up the bylaws of your homeowner association and take a look about what it says with respect to home based businesses.
Anything, that looks critical, that you do not understand should be reviewed with an attorney.
Some associations do not permit businesses to be run out of homes within their vicinity, while others only limit the kinds of business you may engage in or the hours of operation.
Some of the associations will be more aggressive than others.
If you are not under the auspices of a homeowner association, you still need to check in with the zoning commission to make sure that your proposed home business will not violate any zoning laws in your area.
The same is true for signs. While you will need some signs that advertise the location of your business, you need to find out what the neighborhood and city limitations are.
This may pertain to size, color, and also placement of any sign. Many neighbors do not like this.
Another area to observe carefully, if needed, is insurance issues.
For example, if a customer were to enter your home business location and fell in the course of doing business with you, your homeowner insurance will probably not cover any of the injuries she or he sustains.
An opposing attorney can be dangerous to you, in this instance.
You will need to contact your insurance company to find out if you need a special waiver, rider, or a different policy altogether.
If the cost is too much, just meet people at a local fast food restaurant where the customers there are Always well behaved.
Noisy, undisciplined areas are a very bad idea. Okay?
Most people are alright with meeting in public areas and feel safer anyway.
While these legalities may appear to be a wrench in your home business, do keep in mind that they are designed to protect you, your customers, and everyone else doing a similar kind of business.
Adhering to certain standards and obtaining licenses and permits will actually give you a leg up on your competition.
You can show how your business is superior to anyone else. How? By simply displaying your licenses and permits.
It shows you are sincere in making your business a good one that customers will find to satisfy their needs effectively.
Matter of fact, you could say that being careful to follow the legalities of running a business in your home makes for a great marketing tool! Per the paragraph above, it shows you care to do a good, all around job.
Saturday, July 19, 2008
Lawyer - Backbones of The Legal System
Lawyers form the backbone of the legal system and hold positions of great responsibility. Lawyers are also called attorneys and act as both advocates and advisors in our society. As advocates in criminal and civil trials, they represent one of the parties by presenting evidence and arguing in court to support the client. As advisors, lawyers inform their clients about their legal rights and suggest ways of action in both professional and personal matters. The nature of a lawyer's job depends upon his or her area of specialization. They must be able to think quickly and speak with ease and confidence. At the same time they must be familiar with courtroom rules and strategy. They spend most of their time in researching, interviewing clients and witnesses and collecting other details required for the trial.
Bankruptcy, probate, international and elder law are some of the areas in which a lawyer specializes. The lawyer who specializes in environmental law represents interest groups, waste disposal companies and construction firms. They help the clients to prepare licenses and file applications for approval. Most lawyers are in private practice and carries out criminal and civil trials. In criminal cases the lawyer represents the clients who have been charged with crimes. They argue their cases in the law court to bring justice to them. Civil lawyers assist clients with litigation, wills, trusts, contracts, mortgages, titles and leases.
A single client may employ a lawyer for full time. When the lawyer is employed by a corporation, the lawyer is known as "house counsel". The lawyer then advices the company concerning legal issues related to business activities. They may involve patents, government regulations, contracts with other companies, property interests and collective bargaining agreements with unions. A number of attorneys are employed at different levels of government. For criminal justice system, the attorney general, prosecutors and public defenders play significant roles.
The lawyers perform most of their work in offices, law libraries and courtrooms. Software is used to search legal literature automatically and to identify legal texts useful for a specific case. They use electronic filing, videoconferencing and voice-recognition technology to discuss a case with all the parties involved in it. The responsibilities of a lawyer while on a case are oral arguments in the court, research and drafting of the court papers, practice before administrative courts, client intake and counseling, legal advice on all the legal matters, protecting intellectual property, negotiating and drafting contracts, carrying out the intent of the deceases and prosecution of criminal suspects.
At the university level, law is taught by a faculty of law. The law students pursue a Bachelor of Laws degree. Law is often taught at law schools that awards the Juris Doctor degree. Law students in many countries have to pass a bar examination before receiving a license to practice.
Bankruptcy, probate, international and elder law are some of the areas in which a lawyer specializes. The lawyer who specializes in environmental law represents interest groups, waste disposal companies and construction firms. They help the clients to prepare licenses and file applications for approval. Most lawyers are in private practice and carries out criminal and civil trials. In criminal cases the lawyer represents the clients who have been charged with crimes. They argue their cases in the law court to bring justice to them. Civil lawyers assist clients with litigation, wills, trusts, contracts, mortgages, titles and leases.
A single client may employ a lawyer for full time. When the lawyer is employed by a corporation, the lawyer is known as "house counsel". The lawyer then advices the company concerning legal issues related to business activities. They may involve patents, government regulations, contracts with other companies, property interests and collective bargaining agreements with unions. A number of attorneys are employed at different levels of government. For criminal justice system, the attorney general, prosecutors and public defenders play significant roles.
The lawyers perform most of their work in offices, law libraries and courtrooms. Software is used to search legal literature automatically and to identify legal texts useful for a specific case. They use electronic filing, videoconferencing and voice-recognition technology to discuss a case with all the parties involved in it. The responsibilities of a lawyer while on a case are oral arguments in the court, research and drafting of the court papers, practice before administrative courts, client intake and counseling, legal advice on all the legal matters, protecting intellectual property, negotiating and drafting contracts, carrying out the intent of the deceases and prosecution of criminal suspects.
At the university level, law is taught by a faculty of law. The law students pursue a Bachelor of Laws degree. Law is often taught at law schools that awards the Juris Doctor degree. Law students in many countries have to pass a bar examination before receiving a license to practice.
Legal Fees in Addition to Your Attorney Fees and Your Legal Bill
When filing a lawsuit, in addition to your attorney fees, you may be required to pay some or all of these extra expenses or otherwise referred to as legal fees:
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
- Filing fees,
- Per page or flat fee for word processing, photocopying and fax,
- Secretarial time,
- Overtime,
- Telephone charges,
- Courier, postage, and overnight delivery charges,
- Reporter charges for recording testimony and providing a written script of the same,
- Court fees and other court costs,
- Lawyer travel expanses, including gasoline, mileage, parking fees, meals, airfare and lodging,
- Expert and consultant fees,
- Investigator fees,
- Jury fees and mileage fees (set by law) if you request a jury for your case. These expenses must be paid in advance,
- Service fees for people who locate witnesses and other parties involved in the case and deliver legal papers to them,
- Witness fees and mileage charges for people who testify at depositions and trials. These amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away,
- Other fees related to your case.
Make sure that you're not taken by surprise with any hidden costs or expenses. It would be wise to discuss them with your potential lawyer before you actually hire him or her. Also, you need to find out if you are going to be responsible for paying these costs directly as they arise or if you are going to have to reimburse your lawyer for these expenses that he or she may pay on your behalf. It would be in your best interest to ask for a written estimate of all anticipated additional costs. You can also determine a certain dollar amount and tell your lawyer that costs over that amount have to be approved by you in advance.
Your Legal Bill
Unless your case is under a contingency fee agreement, your lawyer would probably bill you monthly unless agreed upon otherwise between the two of you. As mentioned before, if you're paying your lawyer hourly, you may want to establish a cap or a limit at which your lawyer needs to get your permission before spending more.
When you receive your legal bill, you need to take your time going over it. You do have the right to get itemized bills that would show you how your lawyer has spent his or her time on your case. The bill needs to show your lawyer's fees and expenses with an appropriate explanation for each. For instance, if you've been charged 6 hours for a research time, your bill needs to spell out what exactly was being researched. If it doesn't, you need to ask your lawyer for specifics. If something seems suspicious, don't automatically accuse your attorney. Just give him or her a call and ask for an explanation. Even if it was a justified charge, this will let your lawyer know that you're paying a very close attention, which is totally within your rights.
You can get on a fee payment schedule. This is a monthly payment plan which allows you to pay an expected sum every month on the balance of your bill. But, be careful with this. In general the attorney would charge interest on the remaining balance. And that's more money out of your pocket. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.
And last but not least, lawyers are just humans as we all are. All humans make mistakes every now and then - lawyers too. Don't be afraid to pull out your calculator and check the math on your bill. If you find that the numbers are not adding up, simply bring it to your lawyer's attention. Anytime you think your lawyer's bill contains an error or something that you don't agree with, contact your lawyer immediately and try to resolve the discrepancy.
Not Being Able to Pay the Bill
If you cannot afford paying your lawyer's bill, contact your lawyer immediately (don't wait) to see if you can make any payment arrangements. You could ask your lawyer to postpone work temporarily until you can pay the bill. However, if you cannot reach an agreement, your lawyer may be entitled to stop working on your case. In some cases, your lawyer may acquire a lien on your house or property to secure their fee. So, it is recommended for you to come up with a plan on finding the funds necessary to pay your attorney.
Reducing Your Legal Costs
Time is money when it comes to legal fees. By answering your lawyer's questions fully and honestly, you will save time and also help your lawyer do a better job. Regardless of how embarrassing or how uncomfortable your answer is, by not providing your lawyer all of the needed facts, he or she would need to spend more time figuring out those details, which will cost you more money. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. So, by providing your lawyer all of the needed information, you will save a lot of time, which on the other hand will reduce your legal costs.
Also, offer your time. Let your lawyer know that you are willing to help out, such as picking up or delivering documents, making phone calls, faxing documents and such. Instead of paying for an overpriced hourly rate for someone else to do it, by you doing some everyday general tasks, you can reduce your legal costs tremendously.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
Choosing the Right Lawyer and Getting the Best Legal Advice
When you are seeking legal advice it is very important to find the right lawyer. There are good and bad ones out there and you need to choose one that will fight for you and try to get results that are acceptable. Price is often a problem as there are a lot of attorneys who will over charge you.
One of the best ways to find an attorney is to look in your yellow pages. Here you will find listings of all your local attorneys. Here are some points to look for:
- Try to find a lawyer who is from the same state and city as you are and is familiar with all the state laws.
- The next step is to find a firm that deals with your particular type of case, as many attorneys will specialize in different fields. Because there are so many different rules and regulations for every field it is rare to find an attorney who will deal with more than one field.
- Try to look for an experienced attorney, who will be familiar with all the courthouse rules, regulations and judges
- It is important for your legal advisor to be board certified in the state where they are practicing.
- It is wise to check out their reputation if possible, with general public or peers.
- They should carry malpractice insurance
- Try to get a free initial consultation
- Be careful when you sign a contract. There should not be any hidden fees and everything should be clear and up front. Make sure fees are discussed and agreed on before signing. Read the contract very carefully.
Make a list of a few lawyers before calling them. Ask pertinent questions and be careful of how they tackle and answer them. Be careful to meet with the same attorney who will be handling your case. Here are some questions that you might want to ask:
- Try to find out how much experience they have in cases similar to yours.
- Try to make sure the case can be resolved in your favor and what your options may be.
- How long it will take for settlement
- What your out of pocket expenses might be
- Their fee and total bill
- Make sure they will keep you informed and how they intend to do this.
When you seek legal advice try to keep these points in mind when choosing your lawyer. When you take care to choose wisely you will be able to get the best service for your money.
One of the best ways to find an attorney is to look in your yellow pages. Here you will find listings of all your local attorneys. Here are some points to look for:
- Try to find a lawyer who is from the same state and city as you are and is familiar with all the state laws.
- The next step is to find a firm that deals with your particular type of case, as many attorneys will specialize in different fields. Because there are so many different rules and regulations for every field it is rare to find an attorney who will deal with more than one field.
- Try to look for an experienced attorney, who will be familiar with all the courthouse rules, regulations and judges
- It is important for your legal advisor to be board certified in the state where they are practicing.
- It is wise to check out their reputation if possible, with general public or peers.
- They should carry malpractice insurance
- Try to get a free initial consultation
- Be careful when you sign a contract. There should not be any hidden fees and everything should be clear and up front. Make sure fees are discussed and agreed on before signing. Read the contract very carefully.
Make a list of a few lawyers before calling them. Ask pertinent questions and be careful of how they tackle and answer them. Be careful to meet with the same attorney who will be handling your case. Here are some questions that you might want to ask:
- Try to find out how much experience they have in cases similar to yours.
- Try to make sure the case can be resolved in your favor and what your options may be.
- How long it will take for settlement
- What your out of pocket expenses might be
- Their fee and total bill
- Make sure they will keep you informed and how they intend to do this.
When you seek legal advice try to keep these points in mind when choosing your lawyer. When you take care to choose wisely you will be able to get the best service for your money.
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