Legal Insights

Starting a New Law Practice: Go Solo or Join a Partnership?

Whether you have just passed the bar or you have been in practice for years, many attorneys eventually decide to start their own practices. The first decision you need to make—and possibly, the most important—is whether to go solo or join a partnership. There are a number of advantages and disadvantages to each option, but here are some things to keep in mind when deciding which option is best for you.Solo PracticeTaking on a solo practice will be a lot of hard work, and will require a si...

Protecting Your Business: Top Legal Needs for Start-Up Companies

Starting a new business is a tremendous accomplishment and can be an exciting endeavor. In an effort to get their product or idea “out there,” some start-up companies may overlook the importance of legally protecting their products, ideas, the business, and even themselves as individuals. Here are some legal needs start-up companies must keep in mind at their inception: Incorporating the Company Many start-ups overlook the idea of incorporating their company. The most important reason...

Grounds for Deportation: How Does a Criminal Record Affect Immigration Status?

Regardless of immigration status, non-US citizens can be deported if they violate US laws. A judicial order of deportation can be requested and an immigrant may be deported for: (1) serious crimes of moral turpitude; (2) multiple criminal convictions; or (3) an aggravated felony, as discussed further below. Serious Crimes Involving Moral TurpitudeAlthough not specifically defined, serious crimes involving moral turpitude generally refer to conduct that shocks the public conscience, and resu...

Tips for Negotiating and Signing an Important Contract

Whether it’s a new job, buying a car, or entering into a business agreement, negotiating can seem like an arduous, stressful, and, sometimes, awkward task. According to Webster’s dictionary, negotiate means “to confer with another so as to arrive at the settlement of the matter.” Since you have to work with another, negotiation inherently requires compromise, which usually requires each party to make concessions in order to reach an agreement. Optimally, you want to add the terms t...

Slip and Fall, Now What?

Slip and fall accidents happen often, and can happen to anyone, anywhere. The weather does not have to be icy, snowy, or wet, and they can occur inside or outside. A property owner has a duty of care to ensure that their property is safe, but they do not have to guarantee your safety. If you are injured on someone else’s property, you could be entitled to compensation for your medical bills, lost time at work, and pain and suffering.  If you happen to fall on someone else’s pro...

How to Stay in Your Home After the Initiation of Foreclosure Proceedings

Losing your home to foreclosure is a difficult and emotional process for anyone who has to go through it. Some homeowners believe after they miss a few mortgage payments, they must vacate their home immediately; however, most lenders will not begin foreclosure proceedings until a borrower is three to six months behind on their payments. Most homeowners don’t know that you legally own your home until the day that the home is sold, and you don’t have to leave your home just because forec...

Beyond the Basic Biography: How to Craft an Effective Attorney Bio

What is the most popular page on an attorney’s website? Besides the homepage and any “viral” blogs that would be considered outliers, the most popular (and important) page on your website is your own personal biography page. People want to know about you. Studies have found that up to 56% of website traffic goes to the attorney bio pages, and that 90% of general counsel claim the attorney bios are the most important part of a law firm’s website. Essentially, a potential client want...

Understanding Reproductive Laws

In today’s society, the definition of “family” has many different meanings, and how a family is created has changed dramatically. From sperm and egg donation to surrogacy, the manner of how individuals become parents has evolved from a more “traditional” process to one where there can be a multitude of legal issues.Sperm Donation Sperm Donation is the more “traditional” of the untraditional family formation. It is typically used by heterosexual couples with male infertility, s...

Copyright Concerns for Online Self-Published Authors

Not all books, literature, or works of art are published by large publishing houses. Particularly, in the digital and internet age, many authors are self-publishing. For these authors, self-publishing creates independence for creativity. However, without the due diligence provided by larger publishing houses, self-published authors are more susceptible to infringement of their work or accidental infringement of the work of others. Due to this susceptibility, online self-published authors sh...

Legal Remedies for “At Will Employees”

While most employees are considered “at will”—meaning that they may be terminated for any reason and at any time—they still have legal rights when they are improperly treated and/or wrongfully terminated, including receiving compensation already accrued, continued health care, and, in some cases, severance, the collection of unemployment benefits, and other damages. If an employee believes that he or she had been improperly terminated, he or she must establish a basis for alleging wr...

Child Custody Explained

When a relationship that includes a child ends, custody of that child becomes the parents’ first priority. If the relationship ends amicably, agreeing to custody arrangements can be a simple process. However, even in the best of situations, trying to find the right balance usually involves the court system and formal, written agreements. If the relationship ends in divorce, child custody arrangements are generally determined during the divorce proceedings. If the parents were never legall...

An Attorney’s Guide to Breaking into Podcasting

If you’ve been following our blog, we’ve been working hard to help you get your name out there—whether it’s through social media, a well-built website, networking, local search engine optimization, or by joining Legal Services Link. Now that you are on your way to becoming a household name, it’s time to start telling potential clients why they should hire you. Why You Should Podcast Sometime between law school and where you’re at in your career now, you’ve gained experienc...

Am I Eligible to have my Criminal Record Expunged?

Expungement is the legal process through which an arrest or conviction is removed from a person's criminal record. State laws vary as to which conviction and arrest records can be expunged. Many jurisdictions place restrictions on what types of records can be expunged.If the local jurisdiction permits it, an individual with qualifying arrests and convictions can petition the applicable court to expunge or seal his or her criminal records. Depending on the jurisdiction, law enforcement depart...

Process for a Requesting Legal Guardianship

Many adults require care from another person towards the end of their life. If a person has not made legal arrangements in anticipation of legal incapacity or incompetence, there are options that friends, family, and other interested parties can consider to ensure that the person is properly cared for—the most common being a guardianship. What is a Guardianship?A guardianship, sometimes also called a conservatorship, is a legal relationship that gives a person, entity, or agency the autho...

Traffic Offenses: When Do You Need an Attorney?

Most people consider traffic tickets a nuisance or inconvenience that does not necessarily require the help of an attorney. There are two types of traffic tickets, a moving violation and a non-moving violation. A moving violation is a violation of a traffic law that occurs when the vehicle is in motion, such as texting while driving, speeding, and driving under the influence (DUI). A non-moving violation is a violation of a traffic law that occurs when a vehicle is stationary such as parki...

Is Bankruptcy the Right Option For Your Debt Management?

When an individual or business’ debts reach a point where bankruptcy is the only option, it is important to understand the differences and qualifications of the two main debt relief protections: Chapter 7 and Chapter 13. Chapter 7 is a no-asset liquidation debt relief and Chapter 13 is a re-organization of debt relief. Chapter 7—“Straight Bankruptcy” An individual, partnership, corporation, or other business entity is eligible for Chapter 7 bankruptcy relief. See 11 U.S.C. §§ 1...

Software Necessities for Small Law Practices

As a small or solo law practice, you may have put every last dime into getting started—the setup, office, marketing, website, and more—so you may think that you don’t have the money to spend on things like productivity software, document automation, and time management software, among others. But when push comes to shove, your firm will need to follow the data protection laws in your state, the technological requirements brought about by changes to the American Bar Association Model ...

Five Steps to Developing an Effective Law Practice Website

There’s no denying it, having a web presence in 2016 is essential, just as it has been for the past fifteen years. The biggest difference between 2001 and 2016, however, is that creating a website for your law practice is cheap and easy. Why? Increased technology led to faster internet connections, and in turn, cheaper hosting. Improved processing power and technology led to the rise of Content Management Systems (CMS) like WordPress, Joomla, and Drupal, making it easier to create a webs...

Employment Law: Understanding Proper Verifications When Hiring

U.S. immigration laws restrict many non-citizens from being hired by U.S. employers. One of the purposes of these laws is to safeguard the U.S. workforce. Specifically, the Immigration Reform and Control Act of 1986 (IRCA) prohibits employers from hiring individuals who are not legally entitled to work in the United States. Therefore, when hiring new employees, employers must be aware of immigration employment verification requirements to ensure they are in compliance with U.S. law and regu...

Top 5 Legal Needs for Franchises

1. Obtaining An Appropriate Business Structure A franchise can be organized in three ways, each of which has advantages and disadvantages: A. Sole proprietorship: A sole proprietorship is the easiest and simplest business structure to set-up. For this reason, it is the most popular option. The sole proprietor registers the business only in his or her name. This gives the business owner the right to all assets but also makes the business owner entirely responsible for all debts and finan...