Category: Commercial Litigation
Risky Business: Writing Your Own Legal Documents Can Be Costly
May 6, 2010 | Barna, Guzy & Steffen, Ltd.by Thomas P. Malone Spring 2006 A client recently presented me with a document in which he had written that his employment with his corporation, which he had founded, was “at will”. He was shocked to learn this meant his corporation could fire him at will. He thought it meant he could leave whenever he wanted but he could also stay with the company for as long as he wished. Another client filed and served a Mechanic’s Lien (giving those who work on real estate a lien on that property for the value of their labor and materials) which included required language about subcontractors, but also added additional language which in essence gave the homeowner an argument that the company providing the work was not the company filing the lien. Both of these examples represent the kind of problems that can arise when people attempt to draft their own legal documents. Many people, in order to avoid legal fees, use so-called “forms” sold by commercial firms. The irony is that in so doing, they may end up costing themselves far more than they were trying to save. Lawyers can be expensive. No one knows that more than we who practice law and bill clients for our services. The modern American business environment, however,…
Read MoreThe Nature of Appeals
March 4, 2010 | Barna, Guzy & Steffen, Ltd.by Thomas P. Malone Summer 2009 In Brief Newsletter So, the long hard battle of the law suit, which you thought would never end, is finally over. It’s time to put that chapter behind you and get on with your life. Right? Not so fast. You may be shocked to learn the other side has filed an appeal and you have a year or so of lawyers, courts and judges ahead of you. The good news? Appeals are very different from trial court level lawsuits and do not involve the parties at all. Further, there is no more of the interminable discovery to endure, and pay for. Appeals are for the lawyers to fight, not the parties. Now for the “bad” news: appeals are time consuming, expensive and may change a victory into defeat. Appeals to the Court of Appeals are a matter of right for an aggrieved litigant. Any party who does not like the outcome of the trial is entitled to appeal…if they do it right and on time. The rules of appeals are arcane and rigid. They must be followed to the letter or the appeal may be dismissed. Generally, the appeal must be “perfected” within 60 days of the Order or Judgment from which the appeal is taken. Once…
Read MoreYou and Your Credit Report
March 3, 2010 | Barna, Guzy & Steffen, Ltd.By Susan E. Sheely Spring 2009 In Brief Newsletter Chances are you regularly find your mailbox overflowing with envelopes promising fast and easy “pre-approved” credit. Although they are designed to tempt the credit consumer, often they tempt the identity thief instead. “New Account” fraud occurs when a thief obtains another person’s identifying information and uses that information to open new credit accounts in that person’s name. The thief runs up balances on the accounts and then fails to pay the bills. But, because the accounts were opened in the name of the victim, it is the victim, not the thief, who bears the brunt of the resulting collection actions. The resulting damage to a victim’s credit report can take months, even years, to repair. What can you do to protect yourself from this type of fraud? First and foremost, check your credit report regularly. Although there are many companies who advertise credit monitoring for a fee, consumers are entitled to receive one free credit report from each of the three major credit reporting agencies each year. The three major reporting agencies are: TransUnion, Equifax and Experian. Checking your credit report regularly allows you to quickly identify errors or unauthorized activity and report those matters to the appropriate agency. More information on obtaining your…
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