Should You Form a Corporation or LLC?
Corporations and Limited Liability Companies (“LLCs”) offer a layer of protection against individual liability, but which one should you choose?
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January 2020
Business Transactions
Business transactions include the following: an asset purchase of a business; a purchase of a percentage membership interest in an LLC or stock in a corporation both of which are purchases of assets subject to liabilities; the division of a partnership or LLC where each partner or member is allocated his or her assets and liabilities; and a merger of two business entities. Business transactions can also be the acquisition or sale of commercial real estate, sometimes subject to a tax free exchange…
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Making Contracts Work for You
A client said to me after trial, in which she had prevailed on the majority, but not all of the issues: “If only I had taken the time at the beginning to write out what I understood would happen and had the other party sign, we would have had a better chance of having the judge see that last point our way. It didn’t occur to me at the beginning that we could have had such a different understanding of what was to happen (or what was included).”
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Construction Contracts for Property Owners
Clients sometimes wonder whether an attorney is needed to draft or review a contract. My answer is “yes,” an attorney representing that party’s interest should draft or review a contract drafted by another party or his or her attorney…
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Modern Technology as a Factor in the Purchase of Real Estate
I was contacted recently by a client who had signed a Contract of Purchase for a property in the country (i.e. outside of city limits). She was devastated to learn that the internet available was inadequate for her very demanding job. Nevertheless, the Seller insisted that she perform under the terms of the Contract of Purchase…
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Estate Planning- for your future
I recently gave a talk—titled “Planning for Your Future: Powers of Attorney, Wills and Probate”—to a group of approximately sixty people, and answered questions throughout. That hour was a wake-up call for some members of the audience regarding these important planning issues
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Litigation I – Options
A client recently retained me to take over a lawsuit that had already been filed. After reviewing the documents and meeting with the client, it became apparent that the client didn’t realize that he would have to testify at trial in order to have his photographs and other exhibits admitted into evidence. The client was adamant about not wanting to testify and be cross-examined.
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Litigation II – Digging For All the Facts
I recently defended a client in an equine litigation matter. The complaint provided veterinarians’ names and some radiographs; however, there were substantial gaps in the pattern of the information provided.
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Get Evidence Early – Landlord/Tenant Conflict
I recently took over a landlord/tenant case representing the landlord with substantial damage to the property when the tenant left. The landlord had drafted the lease using a document he found online. When we reviewed his evidence, I discovered the following weaknesses.
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Dispute Mediation
Mediation is a useful tool in a lawyer’s arsenal to settle disputes. I recently took part in mediation involving three parties and their attorneys (of which I was one) using a mediator (a retired Virginia judge) to facilitate the process.
