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What is a contract?

Posted on February 6, 2013 by LRS Director

by Timothy P. Heather, Lawyer Referral Service Panelist

Everyone deals with contracts, almost daily.  Sometimes they are in writing; other times they are spoken.  A contract is a legally binding agreement between two or more persons to do, or not to do, a particular thing. There must be a “quid pro quo” which is a Latin phrase meaning “something for something else.”

There are three basic elements of a contract.  They are:

(1)   An offer;

(2)   An acceptance of the offer;

(3)   Good and valuable consideration to support that an offer has been made and accepted.

Further, there must be reasonable certainty as to what the parties to the contract are supposed to do, or not do, and when they are to do it and the amount of consideration involved.  Also, the parties must be competent to enter into a contract, being of sufficient a

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ge (18 in Ohio), of sound mind, and not under any legal disability.

 

Posted in Contracts/Business | Tagged , , , , , , , , , , , | 2 Comments

What do I tell the police when I am in a car accident?

Posted on February 1, 2013 by LRS Director

by Timothy B. Heather, Lawyer Referral Service Panelist

If you are in a car accident, cooperate with the police, making sure to provide your driver’s license, vehicle registration, and insurance card.  Try to avoid discussing what happened with anyone other than the police.  Limit your discussions to only setting forth the facts and do not make accusations and do not admit that the accident was your fault, even if you think it was.  There may be some unknown factors which played a role in the accident which could make the liability situation different than what you initially perceive it to be.

Don’t assume that the responding law enforcement officer will compile a thorough and complete report and interview all witnesses.  Frequently, they don’t.  Get the names, telephone numbers and addresses of all drivers, passengers and witnesses involved in the accident.  Obtain license plate numbers and driver’s license numbers, the names of the insurance companies of all drivers involved, the registered owners of all cars, the year, make and model of all cars, and the names and badge numbers of all law enforcement officers and medical emergency personnel. 

You should also write a detailed description of how the accident occurred which you can rely on later if you forget any of the facts.  Include a map of the accident scene showing the direction of the vehicles before the accident and the positions where they came to rest.  If you have a camera, take pictures of the accident scene, vehicles and people.  If you don’t, as soon as possible after the accident, return to the scene to properly record all physical evidence, some of which will soon disappear such as vehicle debris and skid marks.

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What kinds of bankruptcy are there?

Posted on January 30, 2013 by LRS Director

by Mark E. Godbey, Lawyer Referral Service Panelist

There are four types of bankruptcy cases provided under the law:

  • Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions,” so the property can be sold to pay creditors.
  • Chapter 11, known as “reorganization,” is used by businesses and a few individual debtors whose debts are very large.
  • Chapter 12 is reserved for family farmers and fishermen.
  • Chapter 13 is called “debt adjustment.” It requires a debtor to file a plan to pay debts (or parts of debts) from current income.

Most people filing bankruptcy will want to file under either Chapter 7 or Chapter 13.  Either type of case may be filed individually or by a married couple filing jointly.

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Posted in Bankruptcy/Foreclosure/Other Financial Problems | Tagged , , , , , , , , , , , , , , | Leave a comment

What if I’m not happy with my attorney?

Posted on January 28, 2013 by LRS Director

by Steven F. Stuhlbarg, Lawyer Referral Service Panelist

If you are not happy with what your attorney is telling you, you can obtain a second opinion.  You don’t need to fire your first lawyer before consulting with a new one, and a one-time consultation with a new lawyer may be a lot less expensive than firing your first lawyer and hiring a new one.  If you choose this option, confide in the second lawyer, and be honest about your concerns with the first lawyer.  It is possible that the second lawyer may have insights that may help to put you at ease, or that may assist you to work things out with your first lawyer.

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My employer is ignoring our employment contract, what can I do?

Posted on January 25, 2013 by LRS Director

By Elizabeth S. Loring, Lawyer Referral Service Panelist

That depends primarily on the terms of the employment contract and what your employer is doing to violate it.  Again, you should seek the advice of an employment attorney. They will give you the advice you need to understand whether a breach of the contract has occurred, your rights and responsibilities under the employment contract, and whether challenging your employer on those rights is advisable.

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Posted in Employment | Tagged , , , , , , | Leave a comment

What is allowed in an employment contract (or what is not allowed)?

Posted on January 23, 2013 by LRS Director

By Elizabeth S. Loring, Lawyer Referral Service Panelist

There is very little that is not allowed to be included in an employment contract in Ohio.  That is why it is very important to have an attorney look at your employment contract to make sure you’re entering into an agreement that is legal, as beneficial for you as possible, and protects you in the event things do not work out as you hoped.  It’s much easier – and thus typically less expensive – to protect yourself against potential problems before you enter into an employment contract than it is to correct issues after you sign it.

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If I get fired is my non-compete still enforceable?

Posted on January 21, 2013 by LRS Director

By Elizabeth S. Loring, Lawyer Referral Service Panelist

Every non-compete agreement is different, so you really don’t know unless you seek the advice of an attorney.  In Ohio, the fact that your employer terminated you does not automatically mean that the non-compete is invalid.   This is why it’s very important to talk to somebody who understands the legality of non-compete agreements and can offer sound advice about what your rights and responsibilities are going forward.  Ideally, you should consult an attorney before signing the non-compete.  Often the terms are negotiable, but even if they are not, you should know what you are getting yourself into.  Whether you are terminated or you quit, it is especially important to have a lawyer review your non-compete prior to applying for employment that could violate the agreement.  A good employment lawyer will tell you what you can and cannot do under the agreement, and might be able negotiate your way out of the non-compete or minimize the restrictions.

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Should an attorney review my severance package?

Posted on January 18, 2013 by LRS Director

By Elizabeth S. Loring, Lawyer Referral Service Panelist

Yes.  A severance agreement is a legally binding contract, and you should get the advice of an attorney before you sign one.  Most severance packages give you a monetary amount in exchange for your agreement not to take any legal action against your former employer.  Some also impose additional restrictions on your ability to work for a competitive company or hire their current employees.  Also, most severance agreements do not adequately address concerns you may have regarding what the company will respond to reference requests or whether you will be entitled to unemployment compensation.

Because you are giving up your right to take any legal action, it is important to consult an attorney to see if you have claims that might be worth more than what the company is offering.  Even if there are no potential claims, or the company is not willing to increase the severance, it is worth seeing an attorney to make sure the company does not tell potential employers things that may interfere with your job search or your unemployment compensation.

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Posted in Employment | Tagged , , , , , , | Leave a comment

Should I have an attorney look over my employment contract?

Posted on January 16, 2013 by LRS Director

by Elizabeth S. Loring, Lawyer Referral Service Panelist

Absolutely.  An employment contract is going to affect one of the most important parts of your life.  You will need to understand the provisions, which could include what constitutes termination for cause and not for cause – that is, the reasons the company would be allowed to fire or you will be allowed to resign.  Other concerns are whether notice provisions are adequate, possible severance and benefits continuation for a no-cause dismissal, and non-compete clauses, among others.  To make sure you’re getting the best possible deal and you know what to expect if the relationship terminates, it is essential to consult an attorney.

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Posted in Employment | Tagged , , , , , | Leave a comment

What kind of property goes into a trust?

Posted on January 14, 2013 by LRS Director

by Thomas D. Richards, Lawyer Referral Service Panelist

This question is addressed assuming we are preparing a simple Living Trust. You don’t have to be a millionaire to need a trust. If you own a home you likely will want to put it into a trust. Most people’s largest and most valuable assets are their real estate holdings, which includes their home. Since real estate usually causes the most problems in Probate Court, it usually becomes the focus and purpose of the trust in the typical situation. As such, real estate assets would be the first assets we would look at transferring into the trust of the people we are advising. Other types of assets to consider for a trust include the following: motor vehicles, bank accounts, boats, stock accounts, money market accounts, mutual funds, bonds, farm equipment, business interests, LLC, savings, certificates of deposit, checking, artwork, coin collections, antiques, jewelry, all contents of the home, mineral and mining interests, and others.

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Posted in Wills/Trusts/Other Probate | Tagged , , , , , , , | Leave a comment
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