A dispute arises. You make the decision to take the party you believe to be at fault to court. You file the lawsuit, go through the process and either by default, summary judgment or a final judgment after a trial, the judge awards you a money judgment for your damages and costs. Your feeling really […]
As previously discussed, Mediation is an avenue of possible resolution in a civil case, regardless of the amount in controversy. But what happens if you go to mediation and it doesn’t settle? Can the other side use anything you said in mediation against you in a later proceeding or a trial? Thankfully, the answer is […]
As discussed in my previous blog, mediation is a process where both parties come together in front of a neutral third person, either a private mediator or a Supreme Court approved court mediator, and try to resolve their case and reach a fair result. But what exactly happens in mediation? Whether you are participating in […]
Mediation-is it a good idea?
By: Eric L. Hostetler
Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.
Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]
Protections Beyond Delaware & Nevada All too often the run-of-the-mill advisor or advisor lacking updated information (again, even lawyers) will simply organize your one or two LLCs in Delaware or Nevada without conducting any legal research on what states may currently offer more protection and less stigma. For instance it is possible, while still staying […]
Strangling The LLC’s Sole Managing Member So every doctor, lawyer, and other professional with two diplomas to rub together knows the LLC (Limited Liability Company) can offer some form of protection; however, not every professional knows that many courts feel very comfortable with financially strangling the sole managing member of a single member LLC. Most […]
Quite often professionals think of the phrase “Asset Protection” as a guaranteed, magical, infallible means of protection. Medical practice asset protection is really about maximizing litigation deterrence, optimal obstacle design work, and leveraging your power in the settlement process, as opposed to magically creating supernatural shields. The more well thought out, properly created obstacles or […]
For over four years our economy has lay dormant in the gutter. Jobs are scarce and the few that are available offer low paying salaries with lousy company benefits. We keep hearing the golden age ended. No more pensions, plush company outings and other employee perks that were once taken for granted, shall employees receive. […]