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illionoisprelawland-blog · 3 years ago

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The Potential Solution May Hide In Common Law: Non-Competing Agreement

By Yutai Qiao, University of Illinois at Urbana Champaign Class of 2020

July 22, 2021

Those who have practiced LSAT may have encountered an article that discusses a dilemma of business secrets, intellectual property, and freedom of employment choice. The dilemma goes that if an employee has accessed the business secret or intellectual property of one company, then leaving and employment in another company of the employee, especially a competing one with the company, may undermine the security of the previous employers. The reason is rather complicated. If the legislature forbids employees to enter competing companies, it will violate the freedom of employment choice of that individual. If the legislature passes a law to protect the security of intellectual property and business secrets, it would be hard to enforce. For example, if a former employee of a food company, after being hired by a competitor, discloses a secret recipe to the competitor, it would be hard to find out the recipe is disclosed or developed independently, especially when the burden of proof lies on the original company. However, if there were no legislation at all, the situation would be more chaotic to an extent that no security of business secrets and intellectual property is guaranteed at all.

Obligationenrecht or Obligation (Recht) in German law can directly translate into obligation right. This right is a part of the right in the property in the common law. It entails that one individual subject to civil law is obliged to another individual to perform a behavior (such as pay the debt) or not to perform a behavior. The later obligation includes not seeking employment in a competing company or related industries for a given number of years. Contracts provide the clause that prohibits former or current employees from joining a competing company is called a non-competing agreement. The non-competing agreement, if enforced properly, could be a balanced compromise between individual freedom of employment choice and the security of proprietary information of the company. First, the provision of the non-competing agreement can properly protect proprietary information such as business secrets or intellectual property. The given period in which employees are not allowed to join a competing company is usually two to three years. After this period, information that the employee has might be outdated or no longer a secret. Thus, even if the employee joined a competing company and intentionally disclosed such information, the original company would not receive great harm. On the employee’s side, the employer often offers a base salary or other forms of financial compensation for the years in which the employee cannot join a related company according to the provision of a non-competing agreement. After the period, the employee will return to a state of freedom of employment choice. Meanwhile, this agreement is an agreement in the first place. If well informed before signing the contract, an individual will make a sound judgment on whether to sign the contract and non-competing agreement in it. Those who weigh freedom of choice over the given employment can choose not to sign the contract while those who value the employment more important can sign the contract according to their wills.

However, in the United States, the legality of a non-competing agreement is not guaranteed in every state due to the potential negative influence it may impose on society. In North Dakota, Oklahoma, and California, the non-compete agreement cannot be enforced. Meanwhile, in Hawaii, it is banned from high-tech companies. In Utah, it is limited to up to one year. In other states, different standards apply to the non-competing agreement.2 In Reliable Fire Equipment Co. v. Arrendondo, the Illinois supreme court endorsed the principle that the non-competing agreement should not extend the protection over what is required, should not impose excessive hardship to employees, and should not cause any public cost. Meanwhile, the employer has the burden to prove that the business interest can be harmed by the unfair competition if the employee seeks employment in the employer’s competitor.3 This landscape decision, by considering the non-competing agreement in its provision, its effect on the contracted employees, and its effect on the public, laid an example of how jurisdiction can protect individuals from being exploited by overly onerous non-competing agreement.

Though a non-competing agreement has its limitation, it still set a good start to protecting both the employee’s freedom of choice and employer’s proprietary information while it needs to be further regulated and carefully balanced by jurisdiction and legislation.

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1. Picture from “INFORMATION SECURITY MANAGEMENT SYSTEM CERTIFICATION”. 2021. Bureau Veritas India. https://www.bureauveritas.co.in/information-security-management-system-certification.

2. Hayes, Adam. 2021. "Non-Compete Agreements: What You Need To Know". Investopedia. https://www.investopedia.com/terms/n/noncompete-agreement.asp.

3. Reliable Fire Equipment Co. v. Arrendondo, 4 IL 111871. (2011).

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coming-from-hell · 4 years ago

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Taxing And The Commerce Clause

Members of the Constitutional Convention were divided about how powerful the new central government should be. To avoid the rise of tyrannical government, the Constitution carefully grants certain powers to Congress, reserving all other powers to the states. These powers are listed in Article I, Section 8. The list begins with monetary matters, an issue of great concern at the time because the prior government was bankrupt and states regulated their own money supply. The Congress therefore has the power to borrow money, lay and collect taxes, regulate commerce (the Commerce Clause), establish a uniform law on bankruptcy and naturalization, make money (currency) and establish its value, punish the counterfeiting of Utah money, and establish a uniform system of weights and measures. The list then moves on to inspirational ideals for the young new country to strive toward. Congress has the power to establish post offices and post roads and to protect intellectual property in copyrights and patents. Next, the list turns to Congress’s adjudicative powers: to create lower courts under the Supreme Court created in Article III and to define crimes committed on the “high seas” and against the “law of nations.” Congress is also given fiscal responsibility over the armed forces and navy (note there is, of course, no mention of an air force) and the power to provide oversight to the militia. Then, to help Congress with carrying out these powers, Article I, Section 8 provides that the states may cede to Congress a district, not to exceed ten square miles, that will become the seat of government, and to exercise exclusive legislative authority over this district.

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The scope of power granted under Article I, Section 8 is the subject of much debate among legal scholars. The clause granting Congress the power to regulate commerce is particularly troublesome. There is very little debate about the power of Congress to regulate foreign trade. This power is explicit, total, and exclusive. A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause. For example, if a state required out-of-state corporations to pay a higher tax or fee than an in-state corporation, that would be unconstitutional. A state that required health and safety inspections of out-of-state, but not in-state, produce or goods would be unconstitutional. Federal courts have repeatedly held that state attempts to regulate Internet content (typically to prevent pornography) are unduly burdensome on interstate commerce and therefore unconstitutional.

Note, however, that this prohibition against out-of-state discrimination does not prevent a state from exercising its police power to protect state citizens, as long as the power is exercised evenly and equally. If a state wanted to weigh trucks on highways to ensure they did not exceed maximum weight rules, for example, that action would be permissible even if the trucks came from out of state, as long as the requirement applied equally to all trucks on that state’s highways. In addition to the power to regulate commerce, the Constitution places two critical powers with Congress: the taxing power and the power to spend the taxes it collects. The taxing power is a broad one, and the Supreme Court has not overturned a tax passed by Congress in nearly a century. As long as the tax bears some reasonable relationship to generating revenue, the tax is valid. States are also permitted to tax, but only if the activity taxed has a nexus to the state.

Taxation

During the 1940s and 1950s, there was conflict within the Court between the view that interstate commerce could not be taxed at all, at least directly, and the view that the negative commerce clause protected against the risk of double taxation. In North western States Portland Cement Co. v. Minnesota, the Court reasserted the principle expressed earlier in Western Live Stock, that the Farmers did not intend to immunize interstate commerce from its just share of the state tax burden even though it increased the cost of doing business. North western States held that a state could constitutionally impose a non discriminatory, fairly apportioned net income tax on an out-of-state corporation engaged exclusively in interstate commerce in the taxing state. “For the first time outside the context of property taxation, the Court explicitly recognized that an exclusively interstate business could be subjected to the states’ taxing powers.” Thus, in North western States, foreign corporations that maintained a sales office and employed sales staff in the taxing state for solicitation of orders for their merchandise that, upon acceptance of the orders at their home office in another jurisdiction, were shipped to customers in the taxing state, were held liable to pay the latter’s income tax on that portion of the net income of their interstate business as was attributable to such solicitation.

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The Commerce Clause and the Due Process Clause impose distinct but parallel limitations on a State’s power to tax out-of-state activities. The Due Process Clause demands that there exist some definite link, some minimum connection, between a state and the person, property or transaction it seeks to tax, as well as a rational relationship between the tax and the values connected with the taxing State. The Commerce Clause forbids the States to levy taxes that discriminate against interstate commerce or that burden it by subjecting activities to multiple or unfairly apportioned taxation.” “The broad inquiry subsumed in both constitutional requirements is whether the taxing power exerted by the state bears fiscal relation to protection, opportunities and benefits given by the state that is, whether the state has given anything for which it can ask return.”. This requirement is of long standing, but its importance has broadened as the scope of the states’ taxing powers has enlarged. It is concerned with what formulas the states must use to claim a share of a multistate business’ tax base for the taxing state, when the business carries on a single integrated enterprise both within and without the state. A state may not exact from interstate commerce more than the state’s fair share. Avoidance of multiple taxation, or the risk of multiple taxation, is the test of an apportionment formula. Generally speaking, this factor has been seen as both a Commerce Clause and a due process requisite, although, as one recent Court decision notes, some tax measures that are permissible under the Due Process Clause nonetheless could run afoul of the Commerce Clause.1076 The Court has declined to impose any particular formula on the states.

Regulation

The modern standard of Commerce Clause re- view of state regulation of, or having an impact on, interstate commerce was adopted in Southern Pacific Co. v. Arizona, although it was presaged in a series of opinions, mostly dissents, by Chief Justice Stone. Southern Pacific tested the validity of a state train-length law, justified as a safety measure. Revising a hundred years of doctrine, the Chief Justice wrote that whether a state or local regulation was valid depended upon a “reconciliation of the conflicting claims of state and national power [that] is to be attained only by some appraisal and accommodation of the competing demands of the state and national interests involved.” Save in those few cases in which Congress has acted, “this Court, and not the state legislature, is under the commerce clause the final arbiter of the competing demands of state and national interests.” That the test to be applied was a balancing one, the Chief Justice made clear at length, stating that, in order to determine whether the challenged regulation was permissible, “matters for ultimate determination are the nature and extent of the burden which the state regulation of interstate trains, adopted as a safety measure, imposes on interstate commerce, and whether the relative weights of the state and national interests involved are such as to make inapplicable the rule, generally observed, that the free flow of interstate commerce and its freedom from local restraints in matters requiring uniformity of regulation are interests safeguarded by the commerce clause from state interference.” States may certainly promote local economic interests and favour local consumers, but they may not do so by adversely regulating out-of-state producers or consumers. The Court saw the ordinance as a form of economic protectionism, in that it “hoards[ed] solid waste, and the demand to get rid of it, for the benefit of the preferred processing facility The Court found that the town could not “justify the flow control ordinance as a way to steer solid waste away from out-of-town disposal sites that it might deem harmful to the environment. To do so would extend the town’s police power beyond its jurisdictional bounds. States and localities may not attach restrictions to exports or imports in order to control commerce in other states.” The Court also found that the town’s goal of “revenue generation is not a local interest that can justify discrimination against interstate commerce. Otherwise States could impose discriminatory taxes against solid waste originating outside the State.” Moreover, the town had other means to raise revenue, such as subsidizing the facility through general taxes or municipal bonds.

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The Court did not deal with indeed, did not notice the fact that the local law conferred a governmentally granted monopoly an exclusive franchise, indistinguishable from a host of local monopolies at the state and local level. Balancing has been used in other than transportation-industry cases. Indeed, the modern restatement of the standard was in such a case. There, the state required cantaloupes grown in the state to be packed there, rather than in an adjacent state, so that in-state packers’ names would be associated with a superior product. Promotion of a local industry was legitimate, the Court, said, but it did not justify the substantial expense the company would have to incur to comply. State efforts to protect local markets, concerns, or consumers against outside companies have largely been unsuccessful. Thus, a state law that prohibited ownership of local investment-advisory businesses by out-of-state banks, bank holding companies, and trust companies was invalidated. The Court plainly thought the statute was protectionist, but instead of voiding it for that reason it held that the legitimate interests the state might have did not justify the burdens placed on out-of-state companies and that the state could pursue the accomplishment of legitimate ends through some intermediate form of regulation. The Court emphasized that the state was regulating only its own corporations, which it was empowered to do, and no matter how many other states adopted such laws there would be no conflict. The burdens on interstate commerce and the Court was not that clear that the effects of the law were burdensome in the appropriate context, were justified by the state’s interests in regulating its corporations and resident shareholders. In other areas, although the Court repeats balancing language, it has not applied it with any appreciable bite, but in most respects the state regulations involved are at most problematic in the context of the concerns of the Commerce Clause.

Taxing and Spending Clause

The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause) and the Uniformity Clause, Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government’s taxing and spending power.

Constitutional Text

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the Utah; but all Duties, Imposts and Excises shall be uniform throughout the States; One of the most often claimed defects of the Articles of Confederation was its lack of a grant to the central government of the power to lay and collect taxes. Under the Articles, Congress was forced to rely on requisitions upon the governments of its member states. Without the power to independently raise its own revenues, the Articles left Congress vulnerable to the discretion of the several State governments each State made its own decision as to whether it would pay the requisition or not. Some states were not giving Congress the funds for which it asked by either paying only in part, or by altogether ignoring the request from Congress. Without the revenue to enforce its laws and treaties, or pay its debts, and without an enforcement mechanism to compel the States to pay, the Confederation was practically rendered impotent and was in danger of falling apart. The Congress recognized this limitation and proposed amendments to the Articles in an effort to supersede it.

Powers Granted

The power to tax is a concurrent power of the federal government and the individual states. The taxation power has been perceived over time to be very broad, but has also, on occasion, been curtailed by the courts. Utah law stated that the clause also granted “a substantive power… to appropriate”, not subject to the limitations imposed by the other enumerated powers of Congress.

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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises. This power is considered by many to be essential to the effective administration of government. As argued under the Articles, the lack of a power to tax renders government impotent. Typically, the power is used to raise revenues for the general support of government. But, Congress has employed the taxing power in uses other than solely for the raising of revenue, such as: • regulatory taxation – taxing to regulate commerce; • prohibitive taxation – taxing to discourage, suppress, or even exterminate commerce; • obligation taxation – encouraging participation in commerce via taxation on those not participating in interstate commerce; e.g. the Patient Protection and Affordable Care Act, “Chief Justice Roberts concluded in Part III–B that the individual mandate must be construed as imposing a tax on those who do not have health insurance”; • tariffs – taxing as a means of protectionism.

Implicit power to spend

With the power to tax implicitly comes the power to spend the revenues raised thereby in order to meet the objectives and goals of the government. However, interpretations recognizing an implicit power to spend arising specifically from this clause have been questioned, with the Necessary and Proper Clause being suggested as the actual source of Congress’s spending power. The Supreme Court has also found that, in addition to the power to use taxes to punish disfavored conduct, Congress can also use its power to spend to encourage favored conduct.

Limitations on taxing power

Several Constitutional provisions address the taxation and spending authority of Congress. These include both requirements for the apportionment of direct taxes and the uniformity of indirect taxes, the origination of revenue bills within the House of Representatives, the disallowed of taxes on exports, the General Welfare requirement, the limitation on the release of funds from the treasury except as provided by law, and the apportionment exemption of the Sixteenth Amendment. Additionally, Congress and the legislatures of the various states are prohibited from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax by the Twenty-fourth Amendment.

Origination Clause

The Constitution provides in the Origination Clause that all bills for raising revenue must originate in the House of Representatives. The idea underlying the clause is that Representatives, being the most numerous branch of Congress, and most closely associated with the people, know best the economic conditions of the people they represent, and how to generate revenues for the support of government in the least burdensome manner. Additionally, Representatives are regarded the most accountable to the people, and thus are least likely to exercise the taxing power abusively or injudiciously.

Taxing Lawyer

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melissawalker01 · 4 years ago

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Taxing And The Commerce Clause

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Taxation

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Regulation

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Taxing and Spending Clause

Constitutional Text

Powers Granted

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Implicit power to spend

Limitations on taxing power

Origination Clause

Taxing Lawyer

When you need legal help with Taxing and The Commerce Clause, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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The post Taxing And The Commerce Clause first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/taxing-and-the-commerce-clause/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/632461445119016960

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divorcelawyergunnisonutah · 4 years ago

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Taxing And The Commerce Clause

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Taxation

youtube

Regulation

youtube

Taxing and Spending Clause

Constitutional Text

Powers Granted

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Implicit power to spend

Limitations on taxing power

Origination Clause

Taxing Lawyer

When you need legal help with Taxing and The Commerce Clause, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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Ascent Law Ogden Utah Office

The post Taxing And The Commerce Clause first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/taxing-and-the-commerce-clause/

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stavroslawpc · 3 months ago

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At Stavros Law P.C., we specialize in creating and enforcing non solicitation agreement in Utah to protect your business relationships. Whether you are an employer aiming to safeguard your employees and clients or an employee reviewing the terms of a contract, our team of experienced attorneys can help.

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kellyjennifer1 · 6 years ago

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Provisions to Put In Your Employment Contracts

Employment contracts take many different forms. All employees at a company may be asked to sign the same form contract, or each employee may have a contract with the employer that is applicable just to his or her employment agreement. Most employment contracts have common elements such as the employee’s start date, salary, and benefits. Other provisions that often appear in employment contracts are listed here.

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OWNERSHIP OF INVENTIONS. This provision applies to employees who invent things as part of their jobs. In this part of the contract the employee agrees that anything he or she invents at work, or during a set period of time after termination, becomes the employer’s invention, not the employee’s own invention. Additionally, employees usually agree to assign their inventions to the employer, cooperate with the employer in getting inventions patented, and keep information about the invention confidential like any other trade secret. In return, sometimes the employer agrees to share with employee-inventors a percentage of the royalties paid for inventions.

EXCLUSIVE EMPLOYMENT. In this provision, the employee promises that as long as he or she works for the company the employee will not work for anyone else in the same or similar type of business. It may also extend to a promise not to be a shareholder or director in a similar business, or even to provide services voluntarily to a similar or competitor business.

CONFIDENTIALITY AGREEMENT. An employee confidentiality agreement is a contract or part of a contract in which the employee promises never to share any information about the details of how the employer’s business is conducted, or the employer’s secret processes, plans, formulas, data, or machinery used, such as the price the company has charged for its products. Usually a confidentiality agreement lasts even after the employee no longer works for the employer.

Non Compete Agreement. In the noncompetition clause the employee agrees that for a certain amount of time after he or she stops working for the employer, the employee will not become employed by a rival company or any company engaged in a similar type of business, and the employee will not set up a company that will compete with the employer’s business or solicit the employer’s customers. As Non Compete Lawyers will tell you, usually the noncompetition clause is limited to a particular geographic area and for a limited time period. Check out our other posts for more information about this because it is very specific in Utah and the details and the way it is written matter.

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BEST EFFORTS. Although it is often just assumed that the employee will work hard for the employer, sometimes employers add a best-efforts provision to the employment contract. It states that the employee promises to work to the best of his or her ability and to be loyal to the employer. Sometimes it also states that the employee specifically agrees to make suggestions and recommendations to the employer that will be of benefit to the company.

NO ADDITIONAL COMPENSATION. The no additional compensation clause states that if the employee becomes an elected director or officer of the company or serves on a company managing committee, the employee will not be entitled to additional compensation for doing that work.

TERMINATION. A standard part of any employment contract is the termination clause. It states that either party may terminate the employment contract for any reason by giving a certain amount of notice, such as two weeks’ notice. It may also give the employer the right to just terminate the contract without notice if the employee violates the contract in any way. Another aspect of the termination clause is a statement that the employer has the right to terminate the contract if the employee becomes permanently disabled because of ill health or physical or mental disability such that the employee can no longer do the job.

NO AUTHORITY TO CONTRACT. Sometimes this part of the contract is called the “agency” provision. It makes clear that the employer and employee have an employment relationship only, not an agency relationship; the employee has no right to enter into a contract or otherwise obligate the employer, unless the employer gives express written consent to do so.

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ARBITRATION CLAUSE. Arbitration clauses are found in many types of contracts, including employment contracts. In this provision, the parties agree at the onset of the relationship that if they ever have a dispute about any aspect of the employment relationship, they will submit the dispute to arbitration rather than seek resolution by a court of law. It may include details about the arbitration, such as whether the arbitration decision will be binding and how the parties will find an arbitrator when the time comes. Personally, we don’t like these too much – in Utah, court is usually cheaper than Arbitration, but not always.

CHOICE OF LAW. Employment laws vary from state to state. Some states have laws that are generally viewed as more favorable or beneficial to employers than employees or vice versa. This part of the contract is an agreement that if the parties ever have a dispute that results in a lawsuit, it will be governed by the laws of a particular state, no matter where it is filed.

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from Michael Anderson https://www.ascentlawfirm.com/provisions-to-put-in-your-employment-contracts/ from Jeremy Eveland https://jeremyeveland12.tumblr.com/post/181484030314

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ascentlawfirm · 6 years ago

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Provisions to Put In Your Employment Contracts

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Employee Contract Lawyer Free Consultation

When you need help with business contracts, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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from Michael Anderson https://www.ascentlawfirm.com/provisions-to-put-in-your-employment-contracts/

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michaeljames1221 · 4 years ago

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Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

Introduction: All parents going through dissolution learn that the parenting plan required by the Washington State Parenting Act must specify a dispute resolution method as a part of the plan. The dispute resolution section always appears in Part III of the plan, as mandated by the parenting plan form. Note that this section applies only to disputes under the parenting plan, and not disputes about matters such as child support or tax exemption allocation.

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Court Action: Parents always have the right to say that the only dispute resolution mechanism that they want is the use of the court system to adjudicate their differences. One typical reason for this is that one party cannot afford the cost of alternative dispute resolution. In theory, a party representing him or herself may obtain access to the courts free by filing a motion on the Family Law Motions Calendar (or nearly free, allowing for the costs of service and copying). An arbitrator or mediator, in contrast, frequently charges for his or her services at rates of upwards of $100 per hour, with the costs to be divided between the parties in some fashion. As a practical matter, however, in the event of a serious dispute, a party may be reluctant to take court action without counsel. Also, legal fees borne by a party in post-decree matters can mount much more rapidly than the shared cost of an arbitrator or mediator. So a parenting plan which provides for court action only does, in the event of a serious dispute, leave a party with the alternatives of putting up with a bad situation, plunging into court alone, or spending money on attorney’s fees. Mediation: In mediation, a neutral third party assists the parents in reaching a voluntary and informed settlement of their parenting differences. Ideally, the parties identify the areas of agreement and disagreement, express his or her own needs, and consider options that meet those needs. The mediator facilitates a fair process and may have no ability, depending on his or her knowledge of family law, to evaluate whether a fair result has been reached.

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Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

• This method of dispute resolution is widely considered to be totally inappropriate for survivors of domestic violence. Many observers also believe that is not the best method when there is a significant power imbalance between the parents, even absent acknowledged domestic violence. • Many parents who have used mediation believe that it is expensive, time-consuming, and frequently unsuccessful, especially in complex cases. • The background, training, and experience of mediators can vary widely. Arbitration: Only about one percent of parenting plans designate arbitration as the dispute resolution mechanism, and this method is not widely understood. Like mediation, arbitration uses a neutral third party outside the court system. Unlike mediation, however, the arbitrator makes the decision for the parties rather than simply facilitating the parties’ process of decision. Here are some issues to be considered by parties considering arbitration: • The parties still have the right to go to court in the face of an unsatisfactory decision unless they have agreed that the arbitration is to be binding. However, how an experienced arbitrator views a party’s position is frequently a good indication of how the court commissioner or judge will view that party’s position, so the review to review of the decision is not always exercised. • Arbitration can be considerably faster than mediation in resolving a dispute • Because of its speed, using arbitration can be less costly than extended mediation or a trip into court with an attorney. • Arbitration can be very useful in deciding a limited point of contention between parties in general agreement.

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It is also possible to mediate to a general agreement, and then agree to arbitrate the remaining points. When formulating your parenting plan, do not overlook the selection of the method you will use in the future to resolve disputes with your children’s other parent. It is worth some time to make sure you understand the differences between the methods in order to decide which the best for your own situation is.

Conflict and dispute-resolution mechanisms for parents

The Children’s Act states that in any matter concerning a child, an approach that is conducive to conciliation and problem-solving should be followed, a confrontational approach should be avoided, and a delay in any action or decision to be taken must be avoided as far as possible. Parenting plans should be amicable accords between parties that will assist the separating family unit in the long term. Parents must work together to reach a joint agreement, rather than remain in conflict with each other. High conflict situations will have a negative effect on the family’s functioning, leading to dysfunction. The parenting plan usually contains a dispute-resolution clause whereby a facilitator can be appointed. This is a somewhat controversial concept. The facilitator is normally appointed with the agreement of both parties and is usually a qualified clinical psychologist specializing in dispute resolution in broken homes. The facilitator has the power to: • facilitate joint decisions in respect of the children; • regulate, facilitate and review the contact arrangements in respect of the child; • make recommendations on any issue concerning the welfare and/or affecting the best interests of the child; • issue directives binding the parties on any issue concerning the welfare and/or affecting their best interests of the child (subject to a court of competent jurisdiction holding that such directive is not in the child’s best interests); • resolve conflicts relating to the clarification, implementation and adaptation of the parenting plan; • require the parties and/or the child to participate in psychological evaluations or assessments; • engage the services of an expert professional to assist him/her to issue directives that have a bearing on the child; and • co-opt the services of a co-facilitator when reasonably necessary. In so far as a facilitator has the power to make decisions in respect of a minor child, the power must be exercised in the best interests of the child and will be binding on the parties, unless the High Court, as upper guardian of children, orders otherwise. A facilitator’s services involve elements of mediation, expert opinion and counseling, but do not purely fall into any of these categories.

The facilitator is not appointed as a psychotherapist, counselor or attorney for the child or the parents. No therapist/patient or attorney/client relationship is created or otherwise exists between the facilitator and any of the parties involved. The facilitator’s fees are normally shared between the parties. The facilitator will follow a procedure to resolve disputes and/or may issue directives when the parties are unable to reach agreement on any issue where a joint decision is required or where the child’s welfare has become contentious. If such a dispute arises, it must be referred in writing to the facilitator who will attempt to resolve the dispute as speedily as possible and without recourse to litigation. If the facilitator is unable to resolve a dispute by way of mediation, he/she may resolve the dispute by issuing a directive, which will be binding on the parties subject to the provisions therein. Both parents, and the child if necessary, will participate in the dispute-resolution process as requested by the facilitator. The facilitator will conduct informal proceedings, and is entitled to receive information via telephone, correspondence, email, etc. The facilitator will use his/her discretion in considering the weight and sufficiency of information provided, and may expand the enquiry as he/she deems necessary. The facilitator will determine the protocol of all communications, interviews and sessions, including who must attend meetings, but parties will be permitted to consult their legal representatives, either in person or by telephone, during such meetings. The parties and their attorneys will have the right to initiate or receive oral communication from the facilitator. Any party or counselor may communicate in writing with the facilitator provided that copies are given to the other party and, if applicable, their legal representatives. The facilitator may confer individually with the parties and with others, including but not limited to step-parents, step-siblings, extended family members and friends, permanent life partners, household members, school and educational personnel, care providers and healthcare providers for the child and therapists for the child and the parents. The parties must authorize such persons to provide information to the facilitator.

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Mediation and Parenting Plans

How Mediation can be used to help draw up a Parenting Plan Mediation is a non-court dispute resolution process for couples who are experiencing a relationship breakdown. The aim of mediation is to facilitate open, face-to-face discussions about future arrangements for the children and other matters that may be affected by the separation. It is often very beneficial to couples who are finding it difficult to communicate and focus on what is best for the children. In mediation the emphasis is very much on the future and not the past. Mediation can be used to work out arrangements for children and their schedules in addition to any other practical decisions that need to be considered and addressed.

How does mediation work?

Mediation is a voluntary and confidential process. The confidential nature of mediation enables parents to discuss their concerns and ideas openly in the knowledge that the discussion cannot be referred to outside of the mediation forum. Mediation involves an independent, qualified mediator, often a family lawyer, assisting parents to reach a mutual agreement. During the mediation sessions the mediator guides the parents through their discussions assisting them to talk about what they might like to happen and ensuring that they listen to each other with courtesy and respect ensuring that their children are always considered first. Following those discussions it is hoped that the mediator can assist the parents to move towards an agreement. Throughout the process the mediator remains impartial but supportive, their role is to open up and facilitate discussion with the aim of reaching agreement.

What is a Parenting Plan?

A Parenting Plan is a written plan drawn up by parents after they separate. It can be used to decide all practical decisions in respect of children including their schedules, living arrangements, education and health care. The purpose of using a written parenting plan is to record the arrangements that the parents have decided to put in place for their children after separation. A parenting plan can also be structured to include plans for holidays and special occasions.

Mediation and Parenting Plans

Making decisions and agreeing arrangements regarding children can be challenging for separated parents. Mediation assists parents to work together through constructive communication to develop a parenting plan that has been decided upon and agreed by both parents. During the mediation sessions a trained mediator will guide the parents through discussion assisting them to explain what each would like to happen, the mediator then assists the parents to move towards an agreement. Although children do not directly participate, their needs are regarded as paramount in the mediation process. Mediation helps parents to focus on making a plan that is in the best interests of their children, that is practical and considers situations and eventualities their parents might not have otherwise thought about. Drawing up a parenting plan in the mediation process can aid communication between parents and reduce areas of potential future conflict. In mediation parents are encouraged to work together in a constructive manner, thereby reducing conflict and resulting in a more positive outcome for parents and children.

Benefits of using mediation to draw up a parenting plan

There are numerous benefits of using mediation to draw up a parenting plan, not least because mediation is quicker, less stressful and much less expensive than other processes. In mediation parents have the control to decide the arrangements for their children, as opposed to decisions being imposed upon them. Within the court process the control is ultimately given to the Court. Mediation very often improves communication between parents, resulting in solutions being reached quicker. Overall, mediation is a constructive way of parents agreeing arrangements in respect of their children.

The Best Ways to Solve Disagreements about Parenting Plans

After divorce or separation, disagreements about parenting plans can reopen old wounds. Conflict over parenting time exchanges and other parenting decisions can cause anxiety for parents and children alike. You can help you kids by learning healthy habits to solve disagreements with your co-parent and minimize the stress at home.

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Put the Child’s Interests First

When you are facing a parenting time disagreement, ask yourself: “What would be best for my kids?” Is your position on the issue a matter of convenience for you, or is it based on what your children need to be healthy and happy? It can be easy for parents to focus on their own needs and wants. If you and your co-parent both put your child’s interests first, it will be easier to find common ground and a resolution to your disagreement. This doesn’t mean your children get final say. Instead, it means you should look at the problem from their perspective and apply what you know as a parent.

Create a Concrete Plan

All too often, parenting plans are vague, granting one parent “reasonable” parenting time “as the parties agree”. When disagreements about parenting plans arise, these orders aren’t helpful. You and your co-parent need a concrete plan that guides you’re scheduling, and your decision-making. Sit down with your co-parent before disputes arise (or in calm between the storms). Agree to put your kids first, and work out a concrete plan for: • How will you make decisions together or who will be the go-to parent for different types of decisions (medical, school, extracurricular activities) • What information each parent will make available and how • What a normal week’s (or two-week period’s) parenting schedule will look like • How you will handle holidays, school breaks, and vacations Be specific, down to the times and places parenting exchanges will happen. You can always agree to make exceptions when someone is sick or a family reunion happens on the off weekend. By having a concrete plan in place ahead of time, you will reduce disagreements and give your children certainty, so they know what to expect day-to-day.

Remove Emotion from Your Discussions

There is a reason (or maybe many reasons) why you are no longer with your co-parent. Some of these likely have a lot of emotion connected to them. When disagreements about parenting plans arise, they can stir up all those old emotions and make it hard to make rational decisions. Do what you can to remove emotion from your parenting discussions and treat your co-parent more like a business partner. It may help to: • Make all communication in writing (text or email) so you can compose your thoughts • Set up a shared calendar where all the children’s appointments, practices, and events are listed • Give yourself a cooling-off period before responding to an upsetting issue • Communicate directly with your co-parent rather than involving your children If you have trouble separating your emotion from your parenting discussions, you may want to work with a family specialist, therapist or counselor to develop strategies to minimize the emotional impact of your communications with your co-parent.

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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mayarosa47 · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

Conflict and dispute-resolution mechanisms for parents

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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gonnagoandrunwiththehorses · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

youtube

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

youtube

Conflict and dispute-resolution mechanisms for parents

youtube

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

youtube

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Is Private Placement Of Shares In Utah?

Title 1 Firearms And Purchasers With Criminal Records

Fraudulent Prenuptial Agreement

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Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-9/

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melissawalker01 · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

youtube

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

youtube

Conflict and dispute-resolution mechanisms for parents

youtube

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

youtube

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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coming-from-hell · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

youtube

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

youtube

Conflict and dispute-resolution mechanisms for parents

youtube

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

youtube

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Is Private Placement Of Shares In Utah?

Title 1 Firearms And Purchasers With Criminal Records

Fraudulent Prenuptial Agreement

Tax Filing Status

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Foreclosure Lawyer Layton Utah

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Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-9/

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asafeatherwould · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

youtube

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

youtube

Conflict and dispute-resolution mechanisms for parents

youtube

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

youtube

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Is Private Placement Of Shares In Utah?

Title 1 Firearms And Purchasers With Criminal Records

Fraudulent Prenuptial Agreement

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The post Utah Divorce Code 30-3-10.9 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-9/

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divorcelawyergunnisonutah · 4 years ago

Text

Utah Divorce Code 30-3-10.9

30-3-10.9. Parenting plan–Objectives–Required provisions–Dispute resolution Dispute Resolution Options in Parenting Plans

youtube

Here are some issues that should be considered by parties considering mediation:

• Solutions that parents are able to derive jointly and cooperatively are frequently more satisfying than decisions imposed by an outsider such as a judge.

youtube

Conflict and dispute-resolution mechanisms for parents

youtube

Mediation and Parenting Plans

How does mediation work?

What is a Parenting Plan?

Mediation and Parenting Plans

Benefits of using mediation to draw up a parenting plan

The Best Ways to Solve Disagreements about Parenting Plans

youtube

Put the Child’s Interests First

Create a Concrete Plan

Remove Emotion from Your Discussions

Utah Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Is Private Placement Of Shares In Utah?

Title 1 Firearms And Purchasers With Criminal Records

Fraudulent Prenuptial Agreement

Tax Filing Status

Sampling Music

Foreclosure Lawyer Layton Utah

The post Utah Divorce Code 30-3-10.9 first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-10-9/

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michaeljames1221 · 5 years ago

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Do I Need A Contract Lawyer Or Business Attorney?

Lawyers who have prior experience drafting and executing contracts can be hugely beneficial for a company and their bottom line. If the company is regularly dealing with clients or manufacturers, a contract lawyer can help draft standard form contracts and advise the company as to what contracts they should enter into. Because contract law can be incredibly complex, having a contracts lawyer on retainer that has knowledge about express and implied provisions, valid offers and acceptances, and what to do when a party breaches a contract, is worth all of the fees.

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Another advantage of hiring a contracts lawyer is that in addition to being knowledgeable about contracts, oftentimes they are also knowledgeable about business in general and can understand the needs of their clients. Contracts often underlie many aspects of everyday business transactions, and having an experienced attorney can help ensure the best interests of the company are protected.

A contract is an agreement between you and one or more people lawfully binding you all to some agreement. Contracts pop up in personal and business transactions, and it’s important to make sure they’re done right. If you need a contract, consider hiring a contract attorney to facilitate the process.

What Does a Contract Attorney Do?

A contract attorney draws up and revises legal documents and contracts.

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How Do I Know If I Need a Contract Attorney?

In legal contracts, the wording and format often have to be very specific to be legally binding. Working with a contract attorney will ensure that your documents are legal, admissible in court, and are free of loopholes. If you’re drawing up any sort of legal document, you may want to bring on an attorney to at least review, if not draft, the document. A contract attorney can also give guidance if you believe someone has broken a contract you’ve entered into or if you would like to get out of a contract. If you need to go to court, you’ll probably need to seek out another attorney who specializes in litigation.

What Type of Attorney Should You Hire?

If a company is looking for a lawyer for business contracts, it is probably worth the time and effort to do a little background research before spending money to have an attorney on retainer. It is becoming more and more common for attorneys to end up specializing in specific issue areas, as opposed to working on all different areas of the law. Thus, it is important that a company hires an attorney who has a certain set of skills related to what the job entails. For instance, a company looking for an attorney to draft contracts should not hire an attorney who focuses on family law.

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For business purposes, a company should try to find an attorney who specializes in at least one of the following legal areas: • Contracts • Business Administration • Real Estate • Taxes • Intellectual Property

Retaining an attorney who specializes in more than one of these legal topics would be ideal. Oftentimes, a law firm has at least one attorney who focuses on each of the topics listed above. If the company does not wish to hire a law firm, there is still a good chance of finding a solo practitioner who has expertise in one of the above issue areas.

How Much Does a Contract Attorney Cost?

Many contracts attorneys charge by the hour to write, review, or consult on legal contracts. In addition, sometimes attorneys use flat rate services, often for matters that don’t require excessive effort. The rate that you’ll be charged depends on how your lawyer bills, where you live, and what type of matter you’re dealing with. Set a rate with your lawyer up front to avoid any costly surprises.

A contract attorney hourly rate is that rate that a contract attorney charges per hour of work and varies depending on how much experience an attorney has.

A contract attorney hourly rate is that rate that a contract attorney charges per hour of work. This rate varies depending on how much experience an attorney has. New York City used to be the town of the top salaries, but that’s now changed. There are many contractors in New York City that are begging others to not take a job for less than $230 an hour, so they don’t set the rate lower. A new attorney can charge anywhere from $435–445 an hour, while an attorney with more experience can make up to $1,250.00 an hour.

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There are different laws in Utah, which means employers have caps on how many hours you can work each day or each week. With many $40 per hour jobs, the limit for working each day is eight hours and in a week is 40 hours per week unless there’s an unusual deadline. Boston and other East Coast cities have $30 an hour as a standard, while Kentucky averages $24 an hour. If you work in Dallas, Texas, you can expect $20 an hour along with free parking.

What Should I Expect from Working with a Contract Attorney?

When your document is finished, you should expect that it is legally binding and will hold up in any court of law. Your contract attorney should make sure that you understand all of the terms you’re agreeing to and that you’re comfortable with the entire contract. If there are any issues with a document, your lawyer should clear them up so the agreement works for you. With the use of an attorney, you can feel confident in your contract or agreement.

When to Hire a Lawyer for a Business Contract

One of the first steps to take after registering your business is putting a lawyer on retainer. You might enter into agreements and contracts throughout the course of your business that include unexpected obligations. Contract breaches, either on your part or on the other person’s part, can cause serious problems or even bankruptcy. The following situations describe when to hire a lawyer.

When You Absolutely Must Hire a Lawyer

You don’t always have to hire a business contract lawyer. However, before signing a business contract, always have a lawyer look it over and confirm that you’re getting what you expected. This doesn’t mean that the lawyer has to be there when the contract is signed, but at some point, before that, he or she must go over all of the clauses. Stock contracts can even create problems if you don’t get them adapted to your state and local laws. This is because boilerplate language—the basic language included in a stock contract—is quite easy to break in certain states. So, you need to make sure that the agreement protects your interests specifically and not just a general consumer’s.

When You Probably Should Hire a Lawyer

Whenever possible, hire a business contract lawyer to help you negotiate the key terms of the contract. Lawyers often make excellent negotiators, and a good one can help you get a better deal. She or he can also help you consider alternatives. A finalized contract is less likely to allow additional creative solutions or proposals; most of the time, the lawyer will just go over the terms and clauses that are already present. However, if he or she actively participates in drafting and negotiating the contract, you’re more likely to get one that meets your needs and advances your goals.

How Can a Business Contract Lawyer Assist Me?

Executing and enforcing contracts are a normal part of many businesses’ day-to-day operations, and contracts come in many different forms. For instance, as a business owner, business contracts often cover many facets of daily operations ranging from equipment leases to employment and sales agreements.

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The most common types of business contracts include: • General Business Contracts: Common general business contracts include indemnity agreements, partnership agreements, property and equipment leases, and non-disclosure agreements. All of these contracts cover how a business is generally structured and how the business protects its stakeholders; • Employment-Related Contracts: Employment contracts are utilized by businesses in order to outline the relationship between an employee and the business. Employment-related contracts outline the duration, benefits, compensation, grounds for termination, as well as specific issues including non-compete agreements and who owns work product that is produced while on the clock; and • Sales-Related Contracts: Sales contracts (also known as sales agreements) cover how goods and services are purchased and sold, and let both parties know what to expect during the sale of those goods and services. Sales agreements serve to minimize the chances of disputes over the sales of goods and services later on by laying out the legal framework for transferring titles. It is important to note that failing to properly execute any of the aforementioned business contracts may result in exposure to a variety of legal or financial liabilities. Thus, a properly drafted and negotiated contract is paramount to operating a successful business, as well as minimizing your exposure to lawsuits. A business contract lawyer can provide invaluable assistance in guiding your business through complex legal agreements by helping you review, negotiate, or even draft legal agreements. This is especially true given the amount of formal and technical language that is often utilized in business contracts.

What are Some Common Elements of Business Contracts?

Although the specifics of business contracts differ, most share similar common elements. Most business contracts will include representations, real covenants, and conditions.

Representations often include a listing of the parties involved in the transaction, the date of the transaction, and the item or service involved in the transaction. The purpose of a contract’s representation is to state clearly the will of the parties, and to clarify the transaction to be made. Covenants are promises or agreements made by a party to the contract. Examples of covenants include: allowing the other party to investigate their credit or assets, paying taxes on the property, indemnification against third-party lawsuits, covenants not to compete, covenants not to sabotage the business, or even a promise to apply for any necessary permits. Most commonly, the majority of covenants tend to fall on the seller because the seller usually seeks money from the buyer.

A condition is something within a contract that must be true or must occur in order for a deal to close. Common conditions that must occur in contract’s include: proof that the buyer can pay (usually involving a credit check); or a guarantee that every representation made by the seller will still be true at the closing date.

Conflicts in contracts typically arise from the conditions in the contract; however, the issue is whether a small mistake is enough to allow the party to walk away from the deal or seek damages.

What are Common Specializations of Business Contract Lawyers?

Although there are general business contract lawyers that are knowledgeable in a variety of different areas of business law, many business contract lawyers choose to specialize in a certain field of business law. Some common types of business contract lawyers and fields of specialization include: • Sales Agreement/Contract Review Lawyers: Sales agreement lawyers are often recruited to analyze a sales agreement and confirm that you are getting what you expect to receive from a contract; or Further, they are able to guide you through the technical language of a contract and help you understand all of the different clauses contained in the contract to ensure you are aware of all the conditions. • Licensing/Intellectual Property Contract Lawyers: Sometimes business contracts involve the purchase of intellectual property. Intellectual property is a work or invention that is the result of human intellect, and can include industrial property rights and copyright. Often contracts involving the purchase of intellectual property involve licensing the property. A license allows the creator (referred to as the “licensor” in the contract) of the intellectual property to charge for the use of their invention by charging the person they license it to (referred to as the “licensee” in the contract) for the use of the invention or work. There are many more specializations that fall under the umbrella of business contract lawyers including: tax contract lawyers, affiliate agreement lawyers, employment contract lawyers, independent contract lawyers, or subscription agreement lawyers.

Should I Hire a Business Contract Lawyer?

As can be seen, there are a variety of different legal issues involved in the execution and enforcement of a business contract. Further, the language involved in business contracts is often very technical and contains a large amount of dense boilerplate language and that can affect each parties’ responsibilities in the contract.

Thus, it is in your best interest to consult with a well-qualified and knowledgeable contract attorney to review any contract issue that you are facing. A licensed and experienced business contract attorney can draft, review, and help you to understand the technical aspects of executing business contracts.

Business Contract Attorney Free Consultation

When you need legal help with a business contract in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/do-i-need-a-contract-lawyer-or-business-attorney/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/04/25/do-i-need-a-contract-lawyer-or-business-attorney/

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mayarosa47 · 5 years ago

Text

Do I Need A Contract Lawyer Or Business Attorney?

What Does a Contract Attorney Do?

A contract attorney draws up and revises legal documents and contracts.

How Do I Know If I Need a Contract Attorney?

What Type of Attorney Should You Hire?

How Much Does a Contract Attorney Cost?

A contract attorney hourly rate is that rate that a contract attorney charges per hour of work and varies depending on how much experience an attorney has.

What Should I Expect from Working with a Contract Attorney?

When to Hire a Lawyer for a Business Contract

When You Absolutely Must Hire a Lawyer

When You Probably Should Hire a Lawyer

How Can a Business Contract Lawyer Assist Me?

What are Some Common Elements of Business Contracts?

Although the specifics of business contracts differ, most share similar common elements. Most business contracts will include representations, real covenants, and conditions.

Conflicts in contracts typically arise from the conditions in the contract; however, the issue is whether a small mistake is enough to allow the party to walk away from the deal or seek damages.

What are Common Specializations of Business Contract Lawyers?

Should I Hire a Business Contract Lawyer?

Business Contract Attorney Free Consultation

When you need legal help with a business contract in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

File Bankruptcy Or Try To Settle?

Asset Protection Trust Requirements

Revocable vs. Irrevocable Trusts

What Do I Do If I’m In A Business Dispute?

ATV Accident Lawyer Alpine Utah

When To File For Chapter 7 Bankruptcy?

from https://www.ascentlawfirm.com/do-i-need-a-contract-lawyer-or-business-attorney/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/do-i-need-a-contract-lawyer-or-business-attorney

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