Getting Ahead With Employment Lawyers

There are somethings that you should do yourself, and there are other things that you should always try to avoid doing yourself. One such thing of course, would be employment issues, or even commercial issues assuming that they involve legal matters. That being said, how will you go about taking care of this business if you cannot do it directly? Easy answer: employment lawyers.

Let’s be honest. Most people will never need an employment lawyer. As a matter of fact, the average person has never even heard of an employment lawyer! So what do they do exactly? First of all, they will help to settle certain workplace disputes. We are not talking about that minor dispute you may have had with another employee. Instead we are talking about wage disputes and even sexual harassment claims.

These instances are common in the workplace, though they are usually resolved internally via a settlement of some type. Employment lawyers only become necessary when the dispute simply cannot be solved normally. An employment lawyer will go about the business of ensuring you get the settlement you need, and that you remain employed, if you so desire.

Commercial lawyers are not to be confused with employment lawyers. These lawyers serve a purpose as well, but it is separate. Contract negotiation, among other things, will be the domain of the commercial lawyer, and every corporation will probably have one on retainer. Keep in mind however that a commercial lawyer is also very important for small businesses.

When seeking out either employment lawyers or commercial lawyers, it will be of the utmost importance for you to ensure that they know what they are doing. This is a very specific area of law, and you cannot go to just any lawyer for advice. You will need to make sure you employ a lawyer that has very specific experience in the area. It might be expensive, but it will get the job done.

The most important thing to remember is that you will at least want a lawyer on retainer. You certainly do not want to look for an employment lawyer or a commercial lawyer the moment you need one. Certain problems can evolve, and you may find that the opposing side obtains an attorney before you do. The question now of course, is how you go about finding an attorney that can help present your case to the proper authorities, and ultimately help you get the outcome you not only want, but deserve.

The first thing you need to do is search online. You will find that there are a plethora of great online resources, Once you find someone, it would be a good idea to make sure you check their references and ensure that you’re dealing with a confident lawyer. So long as you do your research and make sure you do not rush into anything, there is absolutely no reason that you should not be able to hire a lawyer that will take your case on. The biggest question however is whether or not you are really prepared to take on the responsibility of taking on your workplace. It can be intimidating, but in the end, you may help others who are facing the same situation, and ultimately create a better workplace environment. Are you ready?

Tips for Finding the Perfect Bankruptcy Attorney

Filing for bankruptcy can be a daunting process, but it doesn’t have to be one that you face alone. Trusting the expertise of a bankruptcy attorney can help you navigate legal complications and avoid common pitfalls. By allowing an attorney to guide you through the process, you’re making your filing for bankruptcy efforts easier and more likely to succeed. Regardless of whether you apply for a Chapter 7 or Chapter 13 bankruptcy, it’s usually in your best interest to seek advice from an attorney.

The Right Choice

However, there are many options available and it can be difficult to find the perfect bankruptcy attorney for your situation. Finding one that meshes with you personally and has the experience needed to successfully guide the case can be a challenge. Since a bankruptcy attorney can come with considerable fees, it’s crucial to find one that you like and trust before hiring him.

To find the perfect bankruptcy lawyer, consider:

•Asking friends and family members. Yes, Google exists – and for good reason! But the referrals and recommendations from your family and friends should be trusted and can offer good connections that can help you in your case.

•Seeking a specialist. Don’t just seek any lawyer. Bankruptcy attorneys have proven expertise in the bankruptcy process and law. They can help you as you’re filing for bankruptcy and can also give you advice as you recover financially.

•Contacting your state bar association. If your family, friends, and internet searches don’t leave you with any stand-out leads, consider contacting your state bar association to ask for lawyer referral services. You can find reviews and complaints about attorneys.

•Taking advantage of the free consultation. Most bankruptcy attorneys offer free consultation to talk about your case. Instead of completing this over the phone, try to see the attorney in-person. You’ll be able to feel the personal connection as well as determine whether or not you trust him. This also gives you a glimpse of what it will be like to work with this particular lawyer, and you can compare him to other bankruptcy attorneys that you’ve visited and considered.

•Referrals from other lawyers, bankruptcy court. If you’ve used a lawyer for anything else, feel free to contact him for a bankruptcy attorney referral. Most professionals are well connected within their industry and can give you insight as to whom to trust. A bankruptcy court could be a great place to seek information as well.

Once you consider all of these tips to find a good bankruptcy attorney for your case, filing for bankruptcy will be easier than you thought possible! A bankruptcy attorney will help you complete all of the necessary paperwork as you’re filing for bankruptcy as well as represent your case with specialized skills.

Corporate and Commercial Law

Commercial law is effectively the legislation that covers most transactions in the life of Joe Public, from the fine balance of a marriage contract to the more fundamental protection of intellectual property.

Corporate law, on the other hand, is the exclusive domain of big businesses and concentrates on the intricacies of corporate governance, finance and the ongoing cycle of mergers, acquisitions and insolvencies.

Although the two terms are effectively interchangeable, commercial law has a broader application in that it is not only applied to business alone; whereas corporate law is a specific branch of the law that concentrates on all aspects of business.

Thus, when one ties the knot, finances a car or house or even finds alluvial gold in the stream running through our property, we have to take advice from a commercial lawyer and follow the legislation set out in commercial law.

In South Africa, commercial and corporate law is effectively governed by a handful of Acts promulgated over the years, including:

  • The National Credit Act of 2005
  • The Competition Act of 1998
  • The Close Corporations Act of 1984
  • The Alienation of Land Act 1981
  • The Credit Agreements Act of 1980
  • The Companies Act of 1973

Commercial law applies to virtually any and all transactions and it is advisable to contact reputable attorneys before embarking on any deal or contract. Top flight lawyers will ensure that the deal is fair and, more importantly, in your favour.

South African law firms can and will give imperative advice on the following:

  • The administration of estates
  • The sale and carriage of goods
  • The acquisition of real estate
  • The protection of intellectual property
  • Inward and outward investment options
  • Tax, both personal and corporate
  • Marine, fire, life and accident insurance

The dedicated corporate attorney will take care of more pressing issues facing you and your business, including:

  • Acquisitions, mergers and takeovers
  • Banking and finance
  • Commercial contracts, including lease agreements, service and management agreements and licences agreements
  • Corporate finance
  • Empowerment transactions
  • Corporate restructuring
  • Stock exchange listings
  • Tenders

In a nutshell then, commercial law involves the areas of law that have particular relevance to commerce and commercial transactions whereas corporate law deals with big businesses.

Top Tips on Negotiating a Commercial Contract

Negotiating a successful commercial contract will save you time and money in the future. A good contract should be as comprehensive as possible satisfying the needs of both the parties. This article includes some top tips on how to negotiate and create a commercial contract.

Who are you negotiating with?

If you are doing business with a new client then you will need to ensure that you are satisfied as to their location and credit worthiness. Performing a credit check on an individual or company might mean you avoid ending up out of pocket if they fail to pay in the future.

If you are dealing with a company check the company address and registered number at Companies House, this check can be done for a relatively low cost online.

Would you be happy if the company or individual you are dealing with assigned their rights to someone else, or is their identity important to the performance of the contract? Allowing assignment can be a strong negotiation point for a contract as many providers are only happy dealing with one party. Assignment can bring a higher price and more favourable terms for the contract provider. Conversely however assignment requires a high degree of flexibility and the ability to deal with different parties, of which may not suit your organisation. Make sure either way that the terms of assignment are clear.

What is the purpose of the contract?

Irrelevant to whether the contract is for goods or services an adequate description of what is being sold should be provided so that the buyer is clear on exactly what they will be receiving.

If you are a commercial seller then you must ensure that any goods sold under the contract are of a ‘satisfactory quality’ and are ‘fit for purpose’. Due to the Sale of Goods Act (1979) these requirements are automatically implied under the contract.

Any assumptions as to the quality of the goods or services which are bespoke to the contract should be documented as agreed by both parties. These assumptions will normally match whatever was negotiated upon at the point of sale – what was the agreed price?

Before drafting the contract it is important that you negotiate and agree upon a price for the performance of the contract. However when creating the contract you should try to detail any potential extra costs that may be incurred by the buyer. Try to be as transparent as possible with costs as this is one of the main areas of contractual disputes.

If the contract is for a large sum of money then a payment plan can be negotiated between the parties and this should be detailed in the contract. Dates should be given for when the deposit money should be paid and when each payment instalment is due. You may also like to provide a preferred payment method i.e. by cheque or bankers draft.

Every business should ensure that they have tightly drafted terms and conditions of business prepared by specialist commercial lawyers for every transaction – and should consider dedicated commercial contracts for large transactions.

How to Become a Commercial Property Lawyer

If you are interested in becoming a commercial property lawyer, the following article explains everything you need to know. Perhaps you’ve had experience of working in a law firm, or have had experience of buying or selling property before, and it’s an area that interests you.

What does a commercial property lawyer do?

The cases which a commercial property lawyer will work on generally involve the sale, purchase and lease of property for use as business premises. This includes offices, industrial units, retail units and manufacturing plants. Their role is to deal with legal implications of these property transactions. Specifically, they will look at issues such as Land Registration rules, rent, deeds and property licenses.

What attributes do commercial property lawyers have?

Due to the nature of their work, commercial property lawyers must be able to cope under pressure, and be able to meet demanding deadlines. They must be commercially aware, and be able to process large amounts of information quickly, requiring strong analytical skills. They will work within a team, meaning that excellent teamwork, interpersonal and communication skills are all essential prerequisites. It might be that the client will need additional legal services.

What qualifications do I need to become a commercial property lawyer?

Usually, candidates will be expected to have attained an Honours degree at 2:1 level or above. Those with a foundation degree or an HND only will not be considered, however, you can enter a training programme by first qualifying as a Legal executive.

Although entry is open to graduates in all disciplines, those without a law degree will have to undertake a one-year conversion course, known as the Common Professional Examination (CPE) or Graduate Diploma in Law (GDL). It is not to the detriment of candidates to have a degree in another discipline to law, as many firms will appreciate the broad background and knowledge which this offers.

After attaining either a BA law degree or the CPE/GDL qualification, candidates must then take the one-year Legal Practice Course (LPC) before starting a two-year training contract with a law firm.

With fierce competition for training contracts, relevant work experience within a law firm will stand those looking to become commercial property lawyer in good stead. If you are at college or university, you should approach as many firms as possible in order to attain a placement over the academic holidays.

So, if you’re interested in becoming a Commercial Property Lawyer, what are you waiting for?