What You Need to Know about Non-competes

Posted on : November 20, 2014

Individuals who would like to leave their current employer and develop their own business may have to go through several legal hurdles, as an Arlington non compete agreement lawyer can explain. An Arlington non compete agreement lawyer can advise individuals if their plans may be contradictory to any type of non-compete agreement that they may have signed. Additionally, an Arlington non compete agreement lawyer may provide advice to these individuals regarding the actions that they can take to protect their long-term legal interests.

About Non-compete Agreements

These agreements are commonly implemented by the owner of the business in order to protect trade secrets and other legitimate interests of the business including customer lists and confidential information. These agreements have the effect of prohibiting the employee from being able to accept employment from a competitor in the same industry or from establishing his or her own business in the same industry.

Reasonableness of Agreement

The court will refuse to enforce such an agreement if it is not reasonable. The court may assess the actual scope or prohibited activity, the duration of the prohibition and the geographic scope of the prohibition. Your Arlington non compete agreement lawyer can also explain that if even one of these factors is unreasonable, the court will not enforce the agreement. Additionally, your Arlington non compete agreement lawyer can explain that the employer has the burden of showing that the agreement is not reasonable.

If you would like assistance, contact the Schiffman Law Office, P.C. at (602) 266-2667.

Benefits of Mediation for Small Businesses

Posted on : November 13, 2014

There are times when attempting to resolve an issue through mediation is preferable to taking an adversary to court. In this article, an experienced Arlington mediation lawyer looks at why this is often the case.

Why Mediation May Be Preferable

Any business, regardless of size, can find itself at odds with another entity; it could be a client, a visitor, another company or corporation, members of their own staff or anyone else. Since smaller businesses often do not have the resources that their larger counterparts possess, litigation can be formidably time-consuming and expensive. Lacking the large legal staff that normally forms a part of the corporate structure, a smaller company may find that working with an Arlington mediation lawyer is more cost-effective, simpler and less likely to produce long-standing animosity, especially if an equitable solution is found to the dispute.

Role of Your Arlington Mediation Lawyer

As mediator, your Arlington mediation attorney will act as facilitator, sounding-board and disinterested third party in order to bring both sides to a common understanding. By encouraging you and the opposition to reason through the dispute together in search of that common ground that leads to a successful resolution, the mediator provides a foundation for an agreement that can meet the needs of all concerned.

Taking the First Step

If you are involved in a dispute or conflict, engaging a mediator is the first step. For people or businesses with limited financial resources, there are local organizations in many areas that offer mediation services at minimal expense. These can be found in the telephone directory, through your local chamber of commerce or the Better Business Bureau. Law offices may offer mediation services also, and some specialize in this. If you prefer to have an attorney serve in this capacity, you should contact your lawyer for this service.

The End Result

Naturally, the result you and your lawyer most desire is a resolution that satisfies everyone. Assuming that this is achieved, the terms of the accord will be spelled out in an agreement that all will sign. Failing this, there will be a written memorandum that outlines the terms that all have agreed upon. If you believe that there is some chance that the other party may not abide by the agreed-upon terms, you and your Arlington mediation attorney may wish to take steps to ensure that the agreement will hold force in court if it should come to that. If the negotiation is unsuccessful, you are no worse off than you were before, and you can still file suit if all else fails.

Let Your Arlington Mediation Attorney Assist You

Let us help you resolve your issues. Call the Schiffman Law Office, P.C., at (602) 266-2667 today to get started.

Contracts and Legal Fees

Posted on : November 6, 2014

Breach of contract attorneys in ArlingtonIn the paragraphs below, breach of contract attorneys in Arlington discuss how the payment of attorneys’ fees may be handled in business contracts.

Who Should Pay

In a normal lawsuit, it is usually understood that both prosecution and defense will be responsible for the fees charged by their respective counsel. A contract between individuals or organizations can present a different set of circumstances. One of the provisions that can be included in the contract is a stipulation as to who must pay any fees charged by the attorneys, should the terms of the contract be violated by one side or the other and legal proceedings ensue.

Contract Terminology

In setting up an attorneys’ fees clause in a contract, breach of contract lawyers in Arlington might phrase the provision such that the party that loses the lawsuit is responsible for payment of litigation and court costs, legal fees and other ordinary and required expenses. This is referred to as a mutual provision. The attorneys may suggest placing such a clause in a wide variety of contracts, as opposed to the one-way provision which can often be prejudicial to one side or the other.

Types of Costs

The various types of costs that breach of contract lawyers in Arlington might deem applicable under an attorneys’ fees provision in the contract might be as follows:

• Court-related fees, including charges for issuing and serving summonses and subpoenas, case file paperwork such as complaints, pleadings and other documentation and jury fees.
• Incidental expenses might include charges for copies of various documents and the like incurred by the opposition or by your breach of contract attorneys in Arlington.

The Court’s Viewpoint

An attorneys’ fees clause does not necessarily guarantee that legal fees will be assigned to the loser if the court feels that that is not correct or that the contract is prejudicial against one side. The court does have the option of evaluating a contract and making adjustments in order to ensure that the agreement is equitable to all parties concerned. This includes determining whether or not to enforce an attorneys’ fees clause if the judge deems that the clause ought not to be enforced.

See Your Breach of Contract Lawyers in Arlington Today

Be sure that the terms of your contract are spelled out with fairness and clarity. Contact your breach of contract attorneys in Arlington by calling the Schiffman Law Office, P.C. at (602) 266-2667 without delay.

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