Professional Services

Explaining how things work

How Paternity Suits Work

Paternity suits are initiated for a variety of reasons. In some cases, the father denies paternity and the mother pursues a paternity case to prove parenthood. In other cases, the father may file the paternity suit. He may wish to establish paternity to gain certain rights such as visitation or custody. The child’s rights are also considered during paternity cases. If the father is identified, the child has rights to medical benefits, life insurance policies and inheritances. The child may also be eligible to receive veteran’s and social security benefits.

paternityFamily law attorneys are often hired by both parties during the course of a paternity suit. The mother may hire the attorney to help her gain child support after paternity is established. The father may employ a family law attorney to gain access to the child or to protest a paternity suit brought by the mother.

If a paternity suit is contested, the matter is generally resolved in court based on the evidence available. The father participates in genetic testing to determine the likelihood of paternity. These tests, often DNA tests, are advanced and can generally provide the court with enough information to make a paternity ruling. The State of Arizona initially pays for the testing and the potential father signs an agreement to pay for the testing after the fact if he proves to be the father. Genetic testing can provide the parties with a probability of paternity which can establish the legal presumption of paternity. The threshold in Arizona is 95 percent likelihood.

The mother can employ a family law attorney to establish paternity even if the father does not live in the same geographic area. If the paternity is established in another state, it is considered in effect in Arizona. If the mother is not sure who the father is, the family law attorney can assist her in identifying the parent. First, the mother identifies the most likely father and the man is tested. If he does not prove to be the child’s father, then the mother works with her family law attorney to identify other potential candidates for testing.

Coordinating an Adoption through an Attorney

Adoptions are a complicated and emotional time for the people on both sides of the process. Some people work with adoption agencies during the process. Others partner with adoption attorneys qualified to work on a wide variety of adoptions. These include private adoptions, international adoptions, second-party adoptions and step-parent adoptions. Because adoptions are complex, it’s in the interest of both parties to employ their own attorney during the process, although the adoptive parents often pay the legal fees for the birth parents.

adoptionFamily law attorneys work with both sides of the adoption process. Birth parents often request that attorneys help them find a stable, loving home for their children. The family law attorney advocates on behalf of the birth parents during many phases of the project. The attorney can help negotiate the payment of medical expenses and other pregnancy and birth-related expenses. The family law attorney can help the birth family find suitable adoptive parents through adoption advertisements. Many attorneys have a list of potential adoptive parents already assembled for birth parents to review.

Family law attorneys often work on adoption plans that birth parents have already set up. Often, a birth mother will have an acquaintance in her family, community or church willing to adopt the child. In this case, the attorney sets up the agreement between the two parties. Typically, the people on each side of the agreement employee their own attorneys. This is especially important for birth parents because they need to feel that their interests are being considered.

Adoptions are complicated and there many regulations involved. It’s important that the adoptive parents understand and comply with all these regulations or the adoption may not be legal. A family law attorney with adoption experience can help adoptive parents understand the steps they need to take during the process. The family law attorney can help the potential parents prepare paperwork and qualify for an adoption. Often, adoptive parents want specific information about the birth parents which the attorney can help obtain. This often includes medical and background information. The family law attorney can also help the parents through the process of having the adoption finalized in court.

 

The Pitfalls of Wearing Too Many Hats

One of the pitfalls that many business owners face is “wearing too many hats.” That means the business owner tries to do everything. They take on part of all the company’s issues including human resources, vendor management, money issues, accounting, customer service, marketing and many other duties. Business owners can quickly get overwhelmed and make mistakes or overlook important concerns. It’s exhausting to try to do everything and businesses sometimes fail when the owner is overworked and exhausted.

business rolesA business law specialist can help you manage the many duties that are involved in operating a business. Running a company is tricky and there are many rules and regulations that an owner can easily break. Important regulation topics include human resources, taxes, franchising, contracts, vendor relations and a multitude of other issues. A business law professional may seem like an expense, but in most cases, a good lawyer can help save business owners money.

Human resources policies help companies run smoothly. They address hiring, firing, warnings, wages, employee complaints and sexual harassment issues. A business law attorney can connect you with a HR service or person to help you draft appropriate policies that are in compliance with applicable laws. The policies will also be thorough and will help other employees take on duties such as hiring and managing the business. This will take many duties off of your plate. Many of your workers may be eager to take on additional tasks. Creating policies is one way you can involve workers while ensuring that your business runs smoothly.

Contracts with vendors and customers can be extremely complex. If you don’t have expertise in contract law, it’s easy to get confused. Many business owners lose money or miss opportunities because of their lack of understanding of business law. You can be taken advantage of by unscrupulous suppliers or buyers if your contracts aren’t written correctly. You may want to control every aspect of your company but a business law attorney’s advice is critical when it comes to creating agreements. Your business law attorney can help you understand the terminology and point out issues that you may not have noticed. This can save you a great deal of money and frustration in the long run.

 

Opening Locations outside Your General Region

Expansion is an interesting time for a business. If you’ve analyzed the market and feel there is growth potential for your company, you are probably excited about the opportunity and nervous about the process. If you are considering opening locations outside your general area, all the issues associated with expansion become more complex. That’s why it’s essential to seek the guidance of a business law expert. This guidance will help you make the right decisions and set yourself up for future success.

Most business owners quickly become familiar with the regulations that apply to their region. When you decide to open locations beyond your original area, you will have to deal with new local, county and state regulations. These can make tangible differences in how your company operates in the new locations. You don’t want to find out about business regulations in other areas by violating them. Instead, you should work with a business law attorney to thoroughly research the regions issues and how they will affect your business.

growthYou may need to adjust operating hours or hiring practices to fall in line with local regulations. In other cases, you will have to acquire permits or fill out paperwork that differs from what you’ve done in the past. A business law attorney who is familiar with the new region can help you navigate these new concerns and help you address them appropriately.

When you open locations in other areas, franchising may be an option. It is a great business model for some companies but it doesn’t fit every situation. A business law expert can help explain the pros and cons of franchising in depth. If you decide to pursue franchising, you will need help creating policies, operating manuals, financing agreements and contracts. A business law attorney is essential during this time. If you try to create these documents on your own, you could make an expensive mistake or run afoul of state or federal regulations.

The most important thing you can do during an expansion is research. Understand the market thoroughly before you move forward. Then, find the right business law attorney to help you build the foundation for your new locations.

Putting Policies in Place as Your Business Grows

A growing business presents new opportunities and concerns on a daily basis. There are employees to hire and train. You may need to find larger space for operations. Customer requests blossom and you need to increase your resources and production to keep up. Growth is exciting but it’s also a critical time for company management. They need to put appropriate policies in place to make sure that the company is functioning properly and following applicable regulations.

business-growingMany growing companies understand that they need to find a qualified business law attorney to help them navigate the growth process. When one or two people are operating a company, they can usually handle most situations themselves. As the staff grows, things become more complicated. Hiring policies need to follow state and federal regulations. Wages and overtime pay become critical issues. The management needs to insure that new workers are properly trained. The company needs appropriate disciplinary policies in place. Workers need human resources contacts to help them in certain situations. Someone has to deal with health insurance, worker’s compensation, unemployment insurance, sexual harassment complaints and myriad other human resources issues.

Business law attorneys can help company management build a foundation for future growth. They will recommend that managers create employee handbooks that outline appropriate policies and procedures. Business law attorneys can also advise managers on disciplinary procedures so that employee terminations do not cause legal problems down the road.

Sound financial practices are critical to the success of a company long term. A business law attorney can help managers understand their options when it comes to raising capital for growth. There are a variety of options including partnerships, lines of credit and loans. A business law attorney can explain which options make the most sense for the company’s particular situation.

Policies and procedures can’t remain static while a business grows. If your company is experiencing continuous expansion, you will need to consult with your attorney on a regular basis. You may have to follow different regulations as you open new locations, hire additional employees or expand services. Planning should be a continual process so that you can ensure your business’ healthy growth.

What Should I do if I’m a Victim of Malpractice?

You have been the victim of malpractice when a doctor, pharmacy, hospital or other medical professional has provided an unacceptable level of care. There are many kinds of malpractice cases that include issues such as a failure to diagnose properly, medication errors, birth trauma, surgery in the wrong site, surgical failure and many other types of mistakes. The difficulty with medical malpractice is that medicine is not an exact science and even the best practitioners make errors. It takes an attorney with the right qualifications and experience to determine if a case warrants pursuit.

If you think you’ve been a victim of medical malpractice, find a qualified personal injury attorney immediately. Personal injury attorneys understand the local laws and insurance regulations that will affect your case. Your attorney will begin by taking a detailed history of your case. You should ask detailed questions as well. How much does the attorney charge for this type of personal injury case? Will you have to pay fees up front or are the fees taken out of future settlements?

medical malpracticeMedical malpractice cases can be time-consuming. Ask the personal injury attorney what type of timeline you should expect. You should also ask how much money the lawyer thinks the case is worth. Some cases may not be worth the stress to pursue, while others involve significant damage awards. Your attorney should also explain subrogation interest or subrogation liens to you. Your insurance may have paid for treatments you received. If the injury was due to someone else’s negligence, your insurance company will expect to be redeemed as part of any medical malpractice case.

Medical malpractice cases are complex because they involve complex medical defense matters. The attorney needs to understand these issues thoroughly to put together a compelling case. The attorney will need to consult medical experts to determine what mistakes were made in the case. They will have to determine if the behavior constitutes providing care that is below the established, acceptable standard. The medical case must be strong before a malpractice case can proceed. A good personal injury attorney that specializes in medical malpractice will have the experience necessary to prepare your case.

Consider Settlement Offers Carefully

There are many types of personal injuries that can result in legal situations. Dog bites, falls, medical malpractice, motorcycle injuries and defective products cause millions of injuries every year. The tragedy is that the injured party is often uniformed about how to handle the situation. Victims can be taken advantage of by the damaging party.

Often, the injuring party will offer a settlement. You may be tempted immediately accept the settlement. The amount may seem large. However, it is a mistake to negotiate your own personal settlement. Why? There are many issues you may not be aware of. By accepting the settlement, you will forfeit your rights to take legal action down the road. What if the amount of the settlement is insufficient? It may seem adequate now, but it might not be enough to pay medical or property loss bills.

injury settlementA personal injury lawsuit may be the best choice in your particular situation. A personal injury attorney will help you understand the best approach for your situation. If you’ve been injured by a defective product, your attorney can help you with a product personal injury lawsuit. This means you file suit against a company because the product is unreasonably dangerous or does not have appropriate warnings. In other cases, the product may not have sufficient instructions to enable you to work the product properly.

After the initial trauma of the injury has worn off, you should consult a personal injury attorney immediately. You will be quickly inundated with medical bills and other issues that result from the injury such as lost work or school time. Your attorney will work with your insurance party to determine how much compensation you are entitled to. If a third party is liable for the incident, they should have liability insurance that covers the medical care and expenses that are related to personal injury claims. The liable party’s insurance company should calculate the amount that you are owed. If the amount is insufficient, your personal injury attorney may have to negotiate or take further legal action to help you receive the appropriate compensation.

What is a Personal Injury Lawsuit?

personal injuryWhat happens when you are injured because of another person or a business? Personal injury laws apply to these types of situations. People can be injured either emotionally, physically or sustain both types of damage. Injuries are often chaotic and stressful and it’s difficult for the victim to know where to turn. The most important step you can take in this type of case is to hire a qualified personal injury attorney. Often, these types of cases are complex and involve negotiation with both your insurance company and the damager’s insurance company.

If you’ve been a victim, it’s an important to find an experienced personal injury attorney. Personal injury cases can be complex and it’s important that you fully understand your rights. A lawyer can help you evaluate the situation and determine what kind of compensation you are entitled to. It’s a mistake to try to navigate these issues alone. Insurance companies can be difficult to deal with when you don’t understand these types of situations thoroughly. You may be denied compensation initially or offered an insufficient amount of compensation.

Personal injury attorneys are extremely experienced with complex lawsuits. They can advise you on whether to accept a settlement or file a case. The attorney will support you during the trial process if the case proceeds to this point. The attorney’s experience will help you get the maximum amount of compensation you are owed to addresses medical, financial, psychological and any other types of damages. If you and your attorney decide to file suit, it’s likely that you will have the opportunity to settle out of court. This will save you the stress of further legal proceedings if the settlement is appropriate.

Each state has different laws about statutes of limitations when it comes to personal injury lawsuits. If the issue involves multiple states, your personal injury attorney can help research all the state laws involved. Remember, laws and insurance regulations are there to protect you so that you don’t have to bear the costs of damages from accidents that are not your fault. It’s important to work closely with counsel so that you are fully compensated.

How Do I Protect My Interests as a Franchisor?

A franchise can be an extremely rewarding enterprise for both the franchisor and the franchisee. However, both parties have separate interests to protect so it’s important that all agreements are clear before any permanent commitments are made. Although the franchise is a joint venture in some ways, both the franchisor and the franchisee have some separate goals and concerns that can conflict. It’s a good idea for everyone involved to work with a business law attorney to make sure the agreements are mutually beneficial.

There are a large number of business law regulations that protect franchisors. When you want to enter into an agreement with a potential franchisee, you will need to create a document called a Uniform Franchise Offering Circular (UFOC). This is an extensive document that outlines the obligations that both you and the franchisee agree to.

It’s important that every part of the UFOC is written carefully to protect your interests. You have many concerns to address such as trademarks, copyrights and the territory limitations that apply to the franchise. A qualified business attorney can help you complete a UFOC or review the document before you make a commitment.

franchisorWhen you are creating the UFOC, you will need to consult with your account to help you prepare the financial statements necessary. This is a helpful practice because it gives you an extensive picture of the health of your company. You are required by business law to disclose complete financial information to potential franchisees. This practice is required because it gives the franchisee information about your company.

Your UFOC should contain specific details about the financial arrangements between you and the franchisee. A well-constructed UFOC will prevent misunderstanding between you and your business partners. Strong, up-front agreements prevent expensive lawsuits. Your business law attorney can advise you about common problems that franchisors experience. Then, you can work with the attorney to construct contracts that are designed to avoid these common issues.

Business law protects franchisees in some ways, but they don’t protect them in every situation. There are issues to consider such as bankruptcy, operating agreements and initial investments. An experienced business attorney can help you avoid these situations by constructing the franchise agreement properly.

How Do I Start a Franchise?

start a franchiseStarting a franchise can be a rewarding, but daunting undertaking. There are many business law regulations to consider. You must also carefully review your financials and create contracts with franchisees that benefit both parties. A franchise is a great strategy for quickly growing your business especially if the business model is easy to duplicate.

A franchise is designed to help a business expand with the involvement of other partners. Franchise agreements are subject to a variety of business law regulations that protect both the franchise owner and the franchisee. It’s a good idea to work with an experienced attorney to design your franchise operation in a manner that protects your interests.

You will need to find franchisees that can help your business grow. They should be willing to make a financial investment in the company. If they are not, they probably won’t be committed to the business. You’ll need to personally invest a lot of money to start a franchise. You will need to hire a business law attorney, an accountant and invest money in training franchisees. There are also costs involved in creating and distributing marketing and advertising materials. You may need to develop technology systems for the business. In addition, you will still need to invest the money needed to sustain your current business.

You will have to construct a document required by business law called a Uniform Franchise Offering Circular (UFOC) before you enter into a formal relationship with a franchisee. This document will contain much of the information that both parties need before signing a formal agreement. A UFOC contains details on your finances. It also details the obligations that you incur as the franchisor. Many business law attorneys help their clients create these documents because they contain so many important details.

No one wants to think about bankruptcy, lawsuits or other serious problems in franchise relationships. Your business law attorney can help you prepare agreements that address worst case scenarios so you have a plan just in case. You can create carefully constructed contracts that will protect your interests in case serious problems develop with the business itself or with a franchisee.

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