Three Instances that Require Legal Business Representation

Businesswoman with her attorney and business partnerAny business may face legal battles due to different circumstances. What may initially be a look like a straightforward case can turn out to be complex and in breach of several laws. If your business does not have a legal team to make sure everything complies with the law, you may lose a battle before it’s even begun.

Miller & Steiert, P.C. compiles for us a short list of areas that need legal representation:

Mergers

In a merger or acquisition, there are binding contracts to sign. You need to check that the terms are favorable to your company. Otherwise, you may be looking at millions of dollars in losses. You may even lose your entire business if you’ve landed yourself in a compromising agreement. As soon as you sign those papers, they are legally binding, so make sure a business attorney has checked all the paperwork for any loopholes.

Breach of Contract

You may have successfully gotten into a merger with the help of your business attorney, but it doesn’t mean you won’t encounter problems. If any of your partners have breached the contract, you will need an attorney to iron out the situation. Legal action may be necessary if there is a possibility of you losing money or ruining your company’s future. Any act that is against the contract can be a reason for a lawsuit. Have your lawyers look over the terms to see if you have missed or any important detail.

Controversy

With the onset of social media, going viral on the internet is not so far off. When a situation gets way out of hand and catches media attention, you’re going to need a business attorney. A Colorado cake making business has recently been the talk of the town because of the baker’s refusal to make a wedding cake for a same-sex couple. According to the baker, it was freedom of speech that gave him the right to refuse to participate in the celebration of a union that was against his own beliefs. Controversy has surrounded the case because of anti-discriminatory laws. Without competent lawyers on both sides, an issue like this cannot be resolved, and similar issues could be confusing in the future.

Businesses need lawyers to handle delicate matters. There are simply areas of business operations that you cannot do yourself.

Cerebral Palsy Lawsuit: The Doctor was Negligent

Cerebral Palsy Lawsuit

Cerebral Palsy LawsuitAbout 10% to 15% of child born with cerebral palsy, according to statistics, is a result of medical negligence or malpractice. This number may seem small, but this means that one in every 10 infants may suffer from a lifelong disorder because a health practitioner made a careless mistake.

The Physician was at Fault

Medical negligence in cerebral palsy happens if the attending physician failed to deliver the baby even indications of stress were visible. Delayed delivery could mean there is no enough oxygen available to the child, which can cause permanent damage to the brain. Mistakes after delivery like infection or failure to treat congenital disorders can also result in the said condition.

Doctors should be able to diagnose if the mother will have complications during birth or is at risk for infection. If the medical professional failed to diagnose or treat the health issue, they may be liable for injuries or be sued for medical malpractice.

Cerebral Palsy Lawsuit

According to Tyrone Law Firm, it is best to consult an attorney for cerebral palsy if you think negligence caused your child’s condition. An experienced attorney will assist you in filing a lawsuit, while also building your case. When you win the lawsuit, you will be awarded a compensation that will help support and care for a child with cerebral palsy.

The party responsible for your child’s injuries will give compensation to support medical treatments, in-home care, loss of income, punitive damages, pain and suffering, mental anguish, and others. You have to remember, however, that the physician or medical staff that contributed to your child’s condition will not admit negligence. They will hire their own defense attorney to dispute your claims of medical malpractice.

A reliable cerebral attorney should understand the strategies that defense lawyers will use to free their client of any responsibility. The best thing you can do is help your lawyer by providing necessary information, pertinent documents, and evidence. It is also important to ask your attorney about the lawsuit process to understand what the current phase of your case is or why it seems to be taking a long time.

Utah DUI: 3 Realities the Accused Don’t Usually Realize

DUI Charge in Provo

DUI Charge in ProvoIn Utah, driving under the influence of alcohol is a Class B misdemeanor. Getting caught and being found guilty could put you behind bars for up to six months, and pay up to $1,000’s worth of fine. If you injured someone when you’re accused of DUI, your offense quickly escalates to Class A; if it’s your third DUI violation within 10 years, your offense turns into a third degree felony. Naturally, your possible penalties become heftier, as the law renders your alleged wrongdoing more serious.

Many people that get arrested because of DUI simply plead guilty just to avoid the harsh punishments they can potentially receive. While that school of thought makes sense, it doesn’t when you can leave the court innocent and move on to your life without living with the consequences of a DUI for a long time.

Sadly, the motivation behind some guilty pleas are misconceptions.

An Arrest Doesn’t Make You Guilty

Even if the police officers believed that you broke the law, that’s only their opinion. Only the court can prove you committed the alleged traffic violation charged against you. Much like in any case, you’re innocent until proven guilty beyond reasonable doubt; an arrest isn’t the end of story.

Breathalyzers Sometimes Lie

Any experienced misdemeanor attorney in Provo would tell you that breath-testing devices are not always accurate. There’s a long list of defenses that can show the breath result is invalid. Improper calibration, false blood alcohol content (BAC) reading due to certain medical conditions, and unfollowed protocols are only some of the angles your attorney can look at for your defense.

Drinking before Driving Is Not Always Drunk Driving

Just because you had a drink or two doesn’t mean you’re already unfit to drive. Unless you’re under the age of 21, you can be behind the wheels legally anywhere in the Beehive State with a BAC at .08% and below. As long as you don’t exceed this limit, you can operate a vehicle in the eyes of the Utah law.

DUI may seem straightforward, but it’s actually more complex than you think. Your defense attorney can effectively formulate the most appropriate strategy to prove your innocence in the eyes of the judge or the jury.

He’s Leaving You, Are You Prepared?

Divorce in Denver

Divorce in DenverDivorce is messy, no matter how calmly you and your husband may act during the time it takes for you to separate. There are emotions, memories, properties and money, and many times, children. It’s probably one of the most stressful times any person can ever go through.

The good news is, you’ll probably be fine when the dust settles. For now, however, you need to be ready.

In many cases, a woman is blindsided by her husband, who suddenly tells her one evening after he gets home from work that they need to talk. Sometimes, it’s because he’s found someone new; at other times, he’s realized and is now coming to accept that he is attracted to men. There are also cases in which the man just decides he no longer cares and wants to leave. Whatever the reason, you have to be prepared.

  1. Collect your financial records and make your own duplicates. Have a friend or family member keep them away from your house. A private storage or a safety deposit box is also a good choice. Do this as quietly as you can, when your husband is not home. Avoid all reasons to start an argument.
  2. Your belongings can also start a feud, so while early you should take the things that are not too obvious; your expensive jewelry and credit cards, for example.
  3. Avoid making big purchases at this time, especially if you make more money and did not have your husband sign a prenup.
  4. Start choosing a lawyer. It may not be wise to use the lawyer you and your husband have. A family law attorney is a good choice. As what Divorce Matters says, “This is no time to go at it alone”. They can hold on to the financial records you’ve copied. If you think a document is important for your case, it probably is. And, of course, you’ll need a lawyer to fight for custody if you have a child or children.

When divorce is inevitable, you owe it to yourself to be prepared. Whatever the reason behind the split, do not let yourself be on the losing end when the smoke clears.

The Two Sides of Self-Defense: Perfect and Imperfect

Law

LawWhen you’re charged with a criminal case and plead self-defense, your claim can be considered perfect or imperfect. The former occurs when there is a need to use force (in some other cases, deadly force) to defend yourself from an imminent danger. This involves no wrongdoing on your part, and is usually available for most violent crimes.

The case for imperfect self-defense, however, is a lot different. This involves an unreasonable perception or belief that fatal force is required, or some unacceptable behavior on your part. It is does not excuse you from the crime of using violence, but it can reduce the penalties and charges. Not all states, however, recognize imperfect self-defense.

Unreasonable Perception

In states that allow imperfect self-defense, it only applies if you kill someone, with an invalid perception that there was a threat of death or injury, or force was needed to stop the imminent danger. This means that you believe (although considered unreasonable) that you (or someone close to you) were in great danger, and killed a person because of that perception.

Deadly Force Must be Valid

Criminal defense law firms like DNTrialLaw.com notes that if you present evidence, following that there is a need for self-defense, imperfect and perfect self-defense could apply. The defense will only be successful if your belief of using force was valid or reasonable. The jury will determine the validity and reason behind your perception or belief.

Reduction of Criminal Charges

In murder cases, perfect self-defense will likely result in acquittal, while an imperfect claim will lead to reduction of a manslaughter charge or penalties. Perfect self-defense is the only type of claim available in manslaughter cases. When it comes to imperfect self-defense, it is an admission that you committed voluntary manslaughter.

The requirements for the imperfect self-defense claim vary even in those states that recognize it. It is still best to talk to an experienced criminal case attorney. The right lawyer can explain the law and help present your argument.