What is a Retainer Agreement?

When you decide that you want to retain an attorney’s services, the attorney has you sign a “retainer agreement.”  This agreement establishes that an attorney-client relationship has formed between you and your attorney.  In essence, this agreement exemplifies that your attorney will use his or her due diligence to try to solve your legal issues, and that your attorney will keep all of your information confidential.

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What is an “Affidavit?”

An affidavit is a written statement of facts.  It is written by a person who has personal knowledge of the topic of the statement.  An affidavit is written under an oath, meaning that the person writing the affidavit takes the oath that all the information in the statement is truthful and is being made by that person’s own knowledge.

Affidavits are usually used in business, judicial proceedings and/or administrative proceedings.  In the business context, whenever official statements are needed regarding the business function, finances, stability or credibility, affidavits are usually used.  In the judicial context, affidavits offer evidence in certain circumstances.  Administrative proceedings also use affidavits as evidence.

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S Corporation vs. C Corporation

The main difference between an S and C corporation involves tax.  As you know, corporations pay taxes, just like individuals.  However, how corporations are taxed depends on if the corporation is categorized as an “S Corporation” or “C Corporation.”

C Corporations: Essentially, the corporation must pay tax on any income/profit received during the fiscal year.  Further, if shareholders are given dividends, then this allotment of the dividend is also taxed.  Such a situation creates a “double taxation” scenario where a corporation is taxed both on any income/profits and on dividends allotted.

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What Does “Attorney-Client Relationship” Mean?

The term “attorney-client relationship” simply demonstrates that you officially have an attorney, and therefore a relationship has formed between you and your attorney.

This relationship carries with it your attorney’s responsibility to keep all information relating to you confidential, to put forth his or her due diligence towards your case, to be reasonable in the attorney’s fees and to not use any money given by you for the case for any other improper purpose.

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The Law and Celebrity Privacy!

If being in rehab was not enough to deal with, poor LeAnn Rimes has lawyers and a lawsuit to handle as well. The thirty year old singer entered rehab to deal with her stress and anxiety. On top of all of this, Rimes filed a lawsuit.

Apparently two women illegally recorded a phone conversation with Rimes and then spread the conversation across the Internet.  Moreover, these two women are supposedly friends with Rimes’s husband’s ex-wife.  Rimes had no knowledge, nor did she give consent for the phone conversation to be recorded and disseminated.

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How Should I Ask a Lawyer a Question?

While lawyers need to know some information, other information is not needed.  The best way to get advice from an attorney is to provide the attorney with as much of the needed information as possible.  So, understanding what information an attorney needs to know is key.

Lawyers need to know facts, and only the facts.  So, when narrating your story, always mention dates and/or time periods.  Additionally, focus more on facts and include any verbal and/or non-verbal communication i.e. body language, facial expressions etc.  Mentioning emotions of the people involved are important so that attorneys can try to gauge any potential consequences.  Also let the attorney know if you are in possession of any relevant “props” involved in your story such as originals or copies of documents, photos, videos, etc.

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Child Star Stephanie Tanner Sues – No, She Is Not Being Rude!

One of my favorite shows growing up was Full House.  I mean who didn’t love hearing the famous Stephanie Tanner line, “How Rude!”  Well, the actress who played Stephanie Tanner i.e. Jodie Sweetin, is going to court due to another person’s rudeness.

In March of 2011 Sweetin was involved in a car accident with Clark Taylor Savros.  Apparently, Sweetin was driving home from a movie premiere when Savros turned left rashly at the intersection.  Both Sweetin and Savros’s cars collided.  As a result, Sweetin claims serious damages in the form of vehicle damages, medical expenses and future loss of earnings.

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What Does “Jurisdiction” Mean?

In discussions with your lawyers, you might have heard the word “jurisdiction” thrown around a few times. What exactly does jurisdiction mean? Basically, jurisdiction deals with where you can bring a lawsuit. When it is said that “the Court has jurisdiction,” this means that the court has the power to hear the case.

One of the reasons jurisdiction is so important is because our world is getting smaller and smaller.  Business transactions, for example, are occurring within states, between states, and between countries. For the purposes of bringing a lawsuit, if you have one party living in one area, and the other party living in another, where do you bring the lawsuit?  The law has set out specific requirements, where if met, a court and/or more than one court can have jurisdiction to hear a case.

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LawPivot team meeting featuring Steves #1-4

One of the best parts of working at LawPivot is our amazing team. Steve Kam, our extremely talented VP of Engineering, often has so much work to do that he multiplies himself into 4 Steves. Here is a typical team meeting during which Steve #1 is arriving late, Steve #2 is visibly annoyed at #1, and Steves #3-4 are having a spirited discussion about refactoring our code.

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“Till Death Do Us Part,” Yet End Up in Divorce Court

This happens to even the best of us– the smartest person you know, the most “practical” thinker, or the anti-romantic. Two people meet, they fall in love and get married thinking that they will be together forever. However, life has something else in store for the couple. Occasional fights become part of the daily routine, habits that he or she once loved in the other person become more than annoying, and the time comes when the couple decides that they will be better off apart than together.

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