What Commercial Law Deals With

Commercial law is the law that is charged with governing business, and includes the legal ramifications of business dealings and encompasses the entire scope of commercial transactions. It is very important to individuals and organizations that are engaged in day-to-day business and commercial transactions. The commercial legal field ensures that all applicable laws governing business and commercial transactions are followed, which creates an atmosphere of fair and just business dealings. Without the governing rules provided by commercial law statutes, the business world would be a free for all of unfair and unjust business dealings, which would follow no ethical guidelines. The field is usually considered a branch of civil law due to its emphasis on controlling the civil actions conducted by businesses, but the ramifications of breaking this code of law could result in both civil and criminal actions being taken against those who break commercial business laws.

Commercial law is unique because of the fact that it governs many different facets of business. Contracts law is one such area that is governed by commercial law, which seeks to ensure that all contractual agreements are fair, just,and equitable to all parties involved in the process. The commercial legal statutes also help to ensure that legally binding contracts are not in opposition with any present civil or criminal laws. Consumer goods are another important area that is governed by commercial law, which helps to ensure that both the producer of goods and the consumer of those goods are protected from any foreseeable harm through the manufacture and or use of these items. Hiring practices is an area covered by commercial law that seeks to ensure fair and equitable hiring practices by individuals, businesses and institutions. Without the fair and equitable hiring practices that are enforced by commercial legal statutes, the best qualified individuals for positions may not be hired for the jobs that they are suited for. Unfair hiring practices have been greatly reduced through the introduction and practice of commercial law, which has helped many to avoid racial and other discriminatory pitfalls when seeking employment.

The legal ramifications contained within the commercial legal field, sets up the rules and regulations that govern arbitration practices between individuals, organizations, and other institutions. It provides a method in which to govern arbitration practices, in order to ensure that the practices are conducted in an equitable and just manner, that results in a fair business agreement between the parties involved.

Learn About the Ideal Job Description of Commercial Real Estate Lawyers

Money becomes an imperative figure when it is about considering any sort of investment or dealing in estate property. Most of the times and for the majority of us, we do not have the true resources and all the necessary information that is required in estate transactions. Therefore, in such situations the best choice is to consult a professional and experienced commercial real estate lawyer who will have all the necessary and precise information during the process.

You may need to approach a lawyer when you are selling or buying commercial property or when you want to make sure that the sale you are getting is fair and legitimately priced. Well, whatsoever is the reason, a lawyer is always the most advisable and sensible option when it comes to dealings in the realty industry. Before we go through the crucial details of commercial real estate lawyers, let us briefly read about real estate law.

What is Commercial Real Estate?

This term loosely refers to any piece of land purchased with the full intent of making substantial money on the overall property. Commercial estate can also be used for apartment complexes and industrial production. However, most commonly it is used for restaurants, hotels, shopping malls, office buildings and any other similar property on which the owner of the land expects to mint some money.

What Does a Commercial Real Estate Lawyer Do?

Real estate is basically the sale, purchase, and transfer of homes, buildings or any other commercial property and very strict laws are alleviated for real estate transactions. Thus, a lawyer is typically required for such types of commercial transactions. A lawyer has focused and practiced the real estate law and thus is entitled as a fully licensed attorney. The lawyers handle estate transactions encumbering commercial properties. They also title opinions.

The clients can be property owners, lenders, or developers and can be involved in issues related to property litigation, zoning problems or contract disputes. A lawyer has to render advice to his clients regarding all the paperwork and property transactions. This is one of the most important roles as a commercial lawyer.

Many of the times, established commercial firms hire dedicated lawyers to work for their corporations. Sometimes, these lawyers attain good opportunities and act as general counsel for large scale developers too. However, the job of such attorneys is to sell and buy properties, review the financial documents, file paperwork for corporations, partnerships, documentation for taxes, and communicate with investors regarding the property.

Nevertheless, other attorneys in this domain are also in charge of reviewing the deeds and ensuring the titles are appropriately filed with the right governing policies. They also manage the negotiating leases for various commercial office buildings and shopping centers.

Find A Personal Bankruptcy Attorney That Works Well With You

Having crippling debt and the stress that goes along with it is not fun. That’s why so many people are choosing bankruptcy to eliminate their debt. When filing for bankruptcy there are many costs that are involved. A bankruptcy attorney will be the largest portion that you have to spend to file. When hiring a bankruptcy attorney, consult with a few of them so you have an idea of the dynamics of the law office and if it will work for you. Make sure to get the estimated costs and fees in writing and ask questions what the additional costs that you might incur would be. Usually, filing Chapter 7 bankruptcy in most cases it is just a flat fee because they’re pretty straightforward. If you think you might need to file a Chapter 13 the costs will be a lot higher. In a Chapter 13 bankruptcy the attorney has to negotiate with the bankruptcy trustee and creditors to work out a 3 to 5 year payment plan. Most attorneys allow their legal fees to be included in the reorganization plan to be paid over time. Other costs that a bankruptcy filer needs to consider is the filing fee that is paid to the court and the pre-bankruptcy credit counseling course and the post financial management course. These courses usually run between $30-$50 and can be taken easily online.

When deciding on which bankruptcy attorney to hire, educate yourself on the filing process so you can ask appropriate questions. Usually, attorneys will want a retainer fee to get started on your personal bankruptcy petition. When filing Chapter 7 bankruptcy, attorneys will want to be paid in full before filing the petition with the court. The attorney fees for a Chapter 7 are usually nominal as most cases are usually completed quickly and easily. With a Chapter 13 bankruptcy the fees can be double of what you might pay for Chapter 7 because of the time spent and the complexity. Whatever the chapter of personal bankruptcy you’re filing, always ask for a list of charges upfront so there is no surprises halfway through your case.

Most people in the process of filing personal bankruptcy don’t have very much money set aside to hire a bankruptcy attorney, but if you consider the amount of debt you’re walking from the fee you have to pay seems more reasonable. Attorney prices vary from state to state and even office to office, that’s why it’s important if you’re on a strict budget to check around and get the best legal counsel for the amount you can afford. There was a spike in fees after the law changed in 2005. Most attorneys raised their fees due to the added amount of work and time it takes to complete a petition. There a lot of legal professionals out there today advertising extremely low prices and people need to beware and check references to make sure the attorney you hire is not a personal injury attorney that’s just jumping on the bankruptcy bandwagon.

Every state in the US has their own exemptions under the bankruptcy law and some districts even control the amount on what a personal bankruptcy attorney or paralegal can charge for preparing the document. With a Chapter 13, the trustee is more likely to scrutinize what an attorney is charging the debtor. Recently, there have been cases were the trustee has thought that the bankruptcy attorney or the document preparer has charged too much and will ask for the money to be returned to the debtor. Some states are more strict than others, so it really depends on where the debtor lives. When filing for bankruptcy check the local court website or even call the court and ask if there’s any restrictions on the amount a bankruptcy attorney or preparer can charge. This will give you a good idea of what you’re going to have to pay.

Simple Tips for Determining If Commercial Litigation Assistance Is Necessary for Your Business

Searching out commercial litigation assistance is an intimidating process, but if you follow these tips, you will be able to find the appropriate lawyer for your unique legal situation.

Understand What A Commercial Lawyer Can Do For Your Unique Business

Law firms can help businesses with a whole suite of cases ranging from landlord-tenant litigation to change of ownership to employment and consulting agreements. If you are unsure of how to proceed with a confusing legal matter, schedule an appointment with your lawyer. It is always best to consult with an attorney before proceeding with legal action because each case is unique and needs attention from an expert. Many legal firms offer a free 30-minute consultation where you will learn all your options.

Law Firms Will Assist You In Choosing What Type Of Business To Form

Attorneys have the ability to aid you in choosing your business formation when you are a new company, store, or restaurant. For example, there are multiple businesses to file as: corporations, LLPs, LLCs, sole proprietorships, joint ventures, and partnerships. Law firms will walk you through the meaning of each type and assist in choosing which category fits your business description. It is imperative to understand that each type has a different rule when it comes to distribution of profits, documentation, and asset protection.

What To Do If Your Business Has Been Sued

First of all, do not take action on your own or answer any legal questions about the suit. You lawyer will assist you in contacting your insurance in regards to the claim. It is imperative to contact a commercial attorney who will research your options and consider the facts and situation. They will create a defense, assess liability, and decide to settle or move forward with the litigation. Remember you do not have to take on a lawsuit alone.

How To Prepare For Your First Meeting With Your Attorney

It is important that your commercial litigation specialist understands your situation from all angles. Most legal firms prefer to have all documents and records associated with your case to become intimately familiar with the history of your case and business. Said documents might include: formation documents, a business plan, organizational charts, meeting minutes and records, contracts, a vendor list, tax records and the current year’s tax return, and financial statements including balance sheets and income statements.

If the above information is a lot to digest, or you are convinced your business is in need of an attorney, simply contact your local commercial litigation specialist and schedule a free consultation. Law firms are eager to assist and are widely experienced in a myriad of legal matters, so even your unique case has likely been encountered before. Remember you do not have to tackle these legal issues alone.

What to Look For in a Bankruptcy Attorney and How to Find One

Nobody wants to think about bankruptcy, but in these economic times, it may be a necessity for many. Although it may be painful to have to file for bankruptcy, but choosing the wrong attorney can make it even worse. The following are some tips on what to look and what to avoid when choosing a bankruptcy attorney.

Stay Away from Storefront Operations

If bankruptcy is imminent, then time is of the essence. Avoid the fly by night operations that advertise bankruptcy services at ridiculously low prices. Not only are these places likely to mishandle a bankruptcy, but added fees and services will make it much more costly than originally advertised. Look for a legitimate attorney that has years of experience in the field. It will be more expensive, but the bankruptcy will be properly filed and handled, which will save money, not to mention headaches in the long run.

Licensing

As with choosing a doctor, a good bankruptcy attorney should be licensed by the state bar. If they are not, then they are not authorized to practice law in that state. The state bar can provide licensing information, as well as any disciplinary action regarding an attorney.

Check with Agencies

There are agencies and organizations that have either worked with bankruptcy attorneys, or have knowledge of their experience. The American Bankruptcy Institute is a good place to start. The ABI is an organization the even Congress taps for their expertise. They may have information, or even members that are available for bankruptcy proceedings. Members of the ABI have had to meet additional standards beyond what the average bankruptcy attorney has met.

Legal Aid

Local legal aid organizations may be able to assist in finding a good attorney as well. In all likelihood they have worked with bankruptcy attorneys in the past and may be able to recommend someone suitable for a particular case.

Visit Different Attorneys

Many attorneys offer free or low-cost initial consultations. This is an opportunity to talk to the prospective attorney and assess if they are the right one for the job. Have a list of questions ready to ask the prospective attorney. Here are a few standard questions for any bankruptcy attorney. These certainly are not the only questions a bankruptcy attorney should be asked, they are a good starting point.

1. How many bankruptcies do you handle in a year? Will you have ample time for my case?
2. Will I be working with the attorney or an office paralegal most of the time? How much access will I have?
3. What is the process exactly?
4. How long will the process take?

Most attorneys will be happy to answer these questions. Those that will not, or give evasive answers are most likely too busy or inexperienced, and another attorney should be interviewed.

Bankruptcy is an unpleasant experience, but a good attorney can help mitigate some of the pain. Remember, many bankruptcies are little more than a restructuring, so it is not necessarily the end of the world. A poor attorney can make it seem that way though. Do the research, find a good attorney, and stay on top of the proceedings. Even the best attorneys can miss something, such as leaving out a particular creditor, so stay involved and request updates frequently. Working interactively with a good attorney will make the process go as smoothly as possible.