Category Archives: Litigation
What’s “Burden Of Proof?”
It’s who has to prove what in any lawsuit. For example, if you are sued for a credit card debt, even if you did have a credit card, they will have to prove the following: you used the specific credit … Continue reading
Do You Accept Cases You Aren’t Sure Are Winners? Will I Litigate What Looks Like A Losing Case?
As always when you ask a lawyer a question, the answer is “it depends.” So what does it depend on? No litigator ever wins every case and judges, lawyers, etc. understand that you don’t get to choose the facts of … Continue reading
How Can You Protect Yourself If People Try To “Pierce” Your Corporation’s Veil Of Protection?
Actually, this is fairly easy. First, always, absolutely always follow the corporate forms your lawyer told you to do when you started the business. This means that you should hold annual meetings, take minutes, record votes by the Board of … Continue reading
What Is “Piercing The Corporate Veil”?
This is when somebody sues the company and also wants to make the owner(s) personally liable. But a corporation (S Corp., C corp. or LLC) is specifically designed to prevent that. So they have to “pierce” the protection. Different states … Continue reading
Federal v. State Courts
It will come as no surprise to attorneys, but may to many lay readers, that the Rules of Procedure used in State and Federal courts are different. Some of these differences can really reach out and hurt you. For example, … Continue reading
What To Do If The Other Side Will Not Communicate Via Email?
Well, it certainly slows things down doesn’t it. But what else should you do? It depends. (Don’t you hate it when lawyers say that?) But really it does. Is the problem email or that they won’t put anything in writing? … Continue reading
All Ciavarella Juvie Convictions Vacated
This is embarrassing. Over a year ago, this story appeared and I didn’t post about it. I should have. All Ciavarella juvie convictions vacated By Terrie Morgan-Besecker tmorgan@timesleader.com Law & Order Reporter HARRISBURG – Seeking to remedy what it deemed … Continue reading
Should You Press Charges Or Sue?
I get calls like this one all too often: (Potential Client) PC: “My business partner has apparently been siphoning away business by creating a new business entity with a similar name to the business we own together. Then he has … Continue reading
How Can The Lawyer And Client End Their Relationship?
If you are the client, it’s easy: “You are fired. Here’s a check for what I owe you. Give me my file.” If you are the lawyer, it’s a little more difficult. • do it in writing, FedEx or Certified, … Continue reading
How Do You Know When To End A Relationship With Your Attorney?
Sometimes the attorney-client relationship just doesn’t work. It can be personality issues, financial issues, control issues or almost any other issue. But what’s the best way to end the relationship? This is especially true when you are in the middle … Continue reading