Resolving Disputes with an Expert Business Law Firm in California

In California, business disputes happen in one way or another. Especially when engaging into transactions with other companies, suppliers, clients and even partners, it is very possible that disagreements will arise.

With these problem occurrences, the business manager has to make an important decision to prevent losses and further damages to the company – whether to file a case in court or to engage in an out of court settlement such as arbitration.

What legal experts suggest

Because of the tremendous advantages of dealing with a corporate dispute, majority of the business law firms in California firmly recommend opposing parties to resolve the issue outside the court. In fact, arbitration is fast becoming a popular means of settling commercial and business disputes all over the country nowadays.

Mainly, the following are the reasons why most disputing companies enter into arbitration rather that a court litigation.

  • A court case may take a lot of time to be resolved. Fast resolution of a case is important in many instances, especially if the issue is affecting the company operation. Unlike court litigations where pre-trial procedures are necessary, the arbitration process does not require these time consuming steps. Also, the non-application of court rules on evidence is an added factor that prevents unnecessary motions in arbitration.
  • An arbitration maybe done privately at any time and place by both parties, preventing the public to identify the dispute. This means the arguing parties will have more control over their own argument. Besides, because some disputed matters should be held confidential for it may create bad image on either parties, it is advisable to inhibit others to know of the problem.
  • Court litigation may cost both parties a large amount of money in paying for attorney’s fees and attending the hearings. In corporate cases, many lawyers charge their clients per court appearance. Therefore, a speedy resolution of a business dispute will certainly lessen both parties’ expenses.

Arbitration process

Arbitration is slightly similar to court litigation. This procedure is also carried out before a neutral party to make his decision for the disputed matters after both sides has been heard. The defendant should also be given a copy of the complaint and be given time to prepare his response. If both parties agree to settle the problem outside the court, it would only be then the arbitration procedure will push through.

Similarly, the plaintiffs should have to present their respective evidences to prove their cases while the defendants may also provide their counter-charges and/or explanations to contest the disputed issue. The arbitrator will then make his decision based on these presented evidences. Typically, the arbitrator’s judgment is legally binding and final.

The need for representation

Notwithstanding the many benefits of arbitration in resolving a business dispute, still, the opposing parties must be properly represented by their respective business lawyers. This will ensure that all their rights will be well protected as suggested by the existing arbitration rules and regulations.

In addition, a competent lawyer coming from a reputable business law firm in California will lessen their burden of preparing the needed documents and evidences. An advocate will also explain to them all about the status of their case and make sure that they will end up in a fair settlement.

Get the help of competent and reliable attorney services in resolving business disputes.

How Does a Debt Settlement Law Firm Work?

I have been working in the debt settlement industry for almost ten years now and have very extensive knowledge as to how it works. Before we begin I want to say this will be a rather long article and if you are not serious about finding a solution to your debt problem then stop reading now. The purpose of this article is to explain to you first how debt settlement works and what the process entails; both the good and the bad. Next I will explain the differences between how a debt settlement law firm works and how it compares to a standard debt settlement company. There are many differences between how this process is handled by the two. Because of this debtors should learn these differences before enrolling into any program. Many people may already know how a debt settlement company works but have no clue as to how a law firm works and this article will explain just that.

First of all, I would like to state that debt settlement as a means of credit card debt relief is not for everyone; some people simply do not have the right state of mind, while others may benefit more from bankruptcy.

To begin with I would like to go over the purpose of credit card debt settlement and how the process works. The purpose of debt settlement is for the debtor to get out of debt quickly without having to file bankruptcy and save a lot of money in the process. The goal of the debt negotiator is to negotiate a one time lump sum payment on the debtors’ behalf at a far reduced amount than what the debtor currently owes.

These benefits are tremendous. The debtor could save themselves close to half of what they currently owe and be out of debt in a few years. However as with most things in life there are drawbacks to this process and there is no way to avoid them.

In order for any creditor to be willing to negotiate a debt settlement on a debt the account must fall into default first. There are no creditors in the world willing to negotiate when you are current and up to date on your monthly minimum payments. If they feel you can maintain your monthly minimums than this is precisely where the creditors want to keep you. This is where their profit is made, by just paying the minimum each month you will be in debt for over thirty years, even if the interest rate is not all that high. If your rate is above 20%, you will be stuck in debt for well beyond thirty years and payback the creditors well over ten times the original balance alone in interest. That is exactly where they want you!

So understandably they will not negotiate with you when you are current and they feel they can still bank on your minimum payments for years to come. So the only way to ever negotiate is to fall behind on the monthly payments. Naturally once you do this you will be negatively affecting your credit score and will also be receiving calls from collectors; this is what may put some people off from doing debt settlement, thus why I stated above this process may not be for everyone.

For those people already behind this will not make a difference and their credit will not be damaged any more than it already is, however for those who are current this will adversely affect their credit. It is quite a shame that this point alone may stop some people from using debt settlement; thus dooming them to being financial servants to the creditors for decades to come.

You must also be made aware that this process in the end will begin to help rebuild your credit. Thirty percent of your MyFICO credit score is made up of your debt to credit ratio, which will look a lot better after you get out of debt. Additionally the negative remarks from falling behind will not hold much bearing on your credit score after two years. Your credit score is only a snapshot in time and only uses the last two years of payment history to determine the score.

Now during the process of falling behind your goal is to save up as much money as possible in the quickest possible time. This money is then used later on to pay off the settlement that is negotiated by the debt negotiator. The faster someone looks to save money and complete this process the better for many reasons. For one the faster you are out of debt the more money you stand to save and the less risk you take from the negative aspects of settlement such as lawsuit and further damage to the credit report.

This brings us to the title of the article “How Does a Debt Settlement Law Firm Work?” As I explained above there are great benefits to debt settlement such as saving lots of money and time; and there are also some downsides such as collection calls and the possibility of a lawsuit.

The main differences between how debt settlement is handled by a debt settlement law firm and standard debt settlement company is how they deal with the negative drawbacks. A law firm has much more legal power and is set up correctly to comply with their states’ laws.

Collection Calls

One of the first major differences in how debt settlement is handled has to deal with collections calls. When you first fall behind and your debt is still in the hands of the original creditor there is nothing legally that can be done to stop them from calling. However once the creditor passes the account off to a third party collection agency which will happen anywhere between 3-6 months after falling behind things change. Legally once in the hands of the collectors a law firm will have the power to have all calls to their client stopped, and if the collector continues to call and harass the client legal action can be taken against that creditor seeing as they will be in violation of the FDCPA (Fair Debt Collections Practices Act).

So the client’s first advantage by using a law firm will be a much decreased activity in collection calls, and this is very important for some people. Any regular debt settlement companies that claim they can stop the calls are simply not telling you the truth and you should be very weary of them because of this.

Lawsuits

The next major advantage a law firm has concerning debt settlement is how a lawsuit can be handled. In case you are not aware once you fall behind on your credit card debts the creditors/collectors do hold the legal right to pursue you through the courts to collect the debt. However I will mention, that suing is not the mainstay of the collectors and is not exercised very often; reason being it simply costs too much money and time on the creditor’s behalf with no guarantee of getting any money even if they were able to obtain a judgment anyway.

The advantage the law firm has is they can still legally contact and negotiate a settlement with your collector after they have issued a summons to court. A debt settlement company does not have this legal power. The collectors are very willing to negotiate a settlement even after the summons has been issued; they realize they may get very little if anything regardless, so being contacted by a reputable law firm who is willing to offer them money and settle the debt without wasting any time or money with going to court is very beneficial to the collector.

If you get sued and you only have a standard company representing you, you can expect to go to court and try to figure it out yourself. This often results in a judgment for the debtor!

Correct Legal Set Up

Perhaps the biggest advantage the law firm has over a company is how they are set up. The vast majority of debt settlement companies are not legally allowed to work in all the states; many are not even set up correctly to operate in their own state.

The states’ attorneys and the FTC (Federal Trade Commission) are cracking down severely on these companies and shutting them down as fast as possible. When this happens often times the company does not have the money to payback its clients for the fees they paid to a company that will no longer be in business and can no longer help to settle their debts. Now the debtor will be left holding the bag having paid thousands in fees but still be stuck in debt, and this nightmare scenario happens more than you may think. Thus making law firms a much, much safer option!

Another issue that many people have with debt settlement companies is they will not disclose how this process works and will simply sugar coats things and preach about the great benefits but never mention one downside. A law firm legally must disclose everything about how this works before being able to enroll anyone into any structured payment plan. A lot of companies do not have your interest at heart and will say whatever it takes to get you signed up even if they are fully aware that they are setting you up to fail.

Which brings me to my last point; a lot of unscrupulous companies will allow their clients to sign into a program and pay whatever they want and put them into programs that are set up for much longer than they should be. By stretching a debt settlement program out the savings will decrease and the potential for a lawsuit will increase. These companies cannot legally give the client advice or assistance if they get sued; it is considered unlicensed practice of law and this is what I mean by them knowing they will be setting you up to fail. If you can’t get this process done within three years, four max in special situations, then you should seriously consider bankruptcy. A law firm will be strait up and tell this to you, where many shady companies will keep trying to sign you up.

I really hope after reading this article you feel enlightened and now have a much better understanding of how debt settlement works and how a law firm can advantage you the most. I know for the most part I have been focusing on the negative aspects of debt settlement, but I feel it is important for people to understand both the good and the bad, allowing them to make an educated wise financial decision on how to get out of debt. But you must realize just how powerful the benefits of this process are! Saving close to half of what is currently owed and becoming debt free in a few years will be so beneficial to your current and future financial well being. Credit card debt has a way of destroying people’s finances and their lives and debt settlement is the perfect alternative for those who want to escape debt quickly and avoid the embarrassment of filing for bankruptcy.

If you are curious as to whether using a debt settlement law firm can benefit your financial situation then I invite you to follow the link below in the signature box and fill out an application. I welcome the opportunity to review your personal and unique situation to see if debt settlement will be the right fit for you.

Services You Can Get From a Business Law Firm

If ever you are wondering what particular services you can get from a business law firm, the following can help answer the questions you might have in mind. I have gathered some of notable legal services below.

A business law firm can help address issues concerning the following:

Civil litigation

A business law firm can help in civil litigation. This has something to do with addressing issues like purchase and sale contract breaches, service and supply contract breaches, shareholder and partner disputes, trade secrets, fraud, etc. It can provide representation to clients in all forum of dispute resolution, including jury trials, arbitration and mediations.

Construction Law

It is also able to provide client support in all aspects of construction law including contract review, bid protests, construction claims, prevailing wages and labor disputes, negotiation through project assistance, business formation and licensing. Dispute resolution can be through litigation, mediation or arbitration.

Corporate and business

For corporate and business issues, it can help clients in entity formation and infrastructure, commercial transactions such as manufacturing and supplier agreements, merger and acquisitions.

Estate planning, trust and probate

Clients go to business law firm for estate planning, trust and probate issues. Some of these issues that a law firm handles include assets and healthcare decisions, ensuring children, ensuring estate, issues on concerning inheritance, etc.

Intellectual property

For intellectual property issues, a business law firm can help in litigation, which includes trade secret, unfair competition, patent, and the like. It can also provide assistance for your technology transaction needs like licensing, manufacturing, development and distribution agreement.

Labor and employment

For labor and employment, it can represent employers in all facets of employment law, which include defending employment discrimination, wrongful termination, unfair completion, sexual harassment, and the like. It can also help in labor relation issues such as includes organizing union campaign and terminating union contract, etc.

Real estate law

A business law firm is also capable of providing assistance for real estate issues such as property purchase and sales, real estate litigation, commercial leasing, title issues, easement and license dispute, as well as real estate broker and agent commission disputes.

So, now that you know some of the services a business law firm can give the next challenge you may face is knowing which particular legal service provider to choose the moment you will need these services. As a general rule of thumb, it is imperative that you are able to check its reputation and the following criteria can help: years in service, number of complaints, number of good reviews from both previous and current clients, and certifications.

The Necessity of Business Law

Business in general is the backbone of a functioning capitalistic society. Business transactions, contracts and the building of corporations are what makes the United Sates tick. But imagine a world in which business was done, as usual, but without any sort of oversight. There would be no contracts, because there would be no entity that was in place to uphold contracts and force people to abide by their word. There would be massive corruption and scandal as every transaction that occurred would be without repercussion. It is a sad fact that, when left to their own devices, most people take advantage of no only the system in place but of each other. This is why business law exists.

Business law, also known as commercial law, it the body of law the governs business and commercial transactions and is considered to be a branch of civil law. It deals with business issues affecting both the private and public sector.

What Business Law Includes

This type of law has a wide range of practice areas within its umbrella. There are certain, serious breaches concerning business that are criminal-these are known as white collar crimes-and would be tried in a criminal court rather than a civil court. Laws, such as those against insider trading, that affect the core of the economy on a huge level, would not be tried under regular business law. The following things are routinely a part of commercial law lawsuits:

• Corporate contracts-contract law is one of the biggest, if not the biggest, facet of business law. Lawyers in this field will draw up contracts, supervise their signing and then file lawsuits on behalf of a client if a contract is breached. And now days, it seems as if just about everything involves a contract from renting a video to buying a major corporate building.

• Hiring practices-hiring is a tricky issue. There are tons of areas of government reregulation that can get an employer in serious trouble if he or she fails to abide strictly by them. There are also many legal issues involved with letting employees go.

• Manufacture and sales of consumer goods-there are many, many things that go into getting a product placed on the market. There are tests and contracts and codes that all must be put into action.

The Case of a Boutique Law Firm Vs A Conventional Law Firm

The legal scene for some time has been changing with increase in specialized cases. These deal with areas like immigration and environmental laws. The economic conditions have also not been very supporting of the bigger firms as they are finding it hard to manage huge administrative overheads. Out of these times has emerged the phenomenon of a boutique law firm. These have usually been formed by practicing lawyers who left bigger firms and started their own practices which focus on niche areas.

Characteristics of a Boutique law firm:

1. It is usually smaller than a general practice law firms. At times it could just consist of one or two lawyers who have come together due to a shared passion for a particular area of law.

2. Most of these have been formed by attorneys who left bigger law firms to start their own practices. A good example is Chicago Law Partners which was started by five attorneys from Chicago law firm of Neal, Gerber and Eisenberg.

3. It focuses on a niche or a few niche areas rather than all aspects of law and order. For example, Chicago Law Partners takes up cases only for not-for-profit organizations.

4. They market themselves as “specialists” in their chosen area like immigration laws or maritime laws.

5. The fees charged by these firms are usually higher than the conventional general practice law firms.

Pros compared to a conventional law firm:

• A firm that handles all kind of cases may not have the depth and knowledge required for specialized cases say a divorce which involves child custody.

• If you find a boutique law firm which is passionate about your cause, you may be able to get their services at lower cost. And the dedication that stems from their passion for the cause is an added bonus.

• A boutique law firm because of its knowledge and involvement may be able to assist with investigating the case besides fighting it on your behalf.

• The staff at a boutique firm tends to provide more than just legal advice. Due to their vast experience, they can also provide personal and professional advice to deal with the issues you may be facing during your legal battle.

Cons compared to a conventional law firm:

• First is the cost of hiring such a firm which will be higher than that of hiring a conventional firm. This may reduce over time given their lower overheads but that is still to be seen.

• They may not have enough staff which could be deterrent at times for the case in hand.

As a concept it looks to be a better option than a conventional set-up especially for handle highly complex and specific cases. But, are firms ready to focus on just one area, is yet to be proven in the long run. Also needs to be proven is the implication that they are more than just small law firms attired in a new garb.