Getting Organized: Attending to Legal Matters

Vacations are over, the children are back in school, and you have decided to welcome the new season by getting organized. This is a good time to assess where you are and where you are going. Take advantage of the momentum and take charge of your life:

Estate Planning.

If you do not already have a Last Will and Testament, Power of Attorney, and Advance Directive, this is the time to put those documents in place.

Should anything happen to you, you want to be certain that your loved ones are not unduly burdened.

  • Without a Will that clearly identifies a Guardian for your minor children, they may become wards of the state pending a Court ruling, if both parents have died. The shock of losing parents could become the trauma of being placed in foster care.
  • A Power of Attorney protects your family finances by permitting the person you name to manage your finances in the case of your inability to do so, whether short- or long- term.
  • The Advance Directive helps to relieve your loved ones of the burden of making your end-of-life decisions: it is a way for you to legally make your wishes known to all.

If you have basic Estate Planning documents in place, you may wish to review them with your attorney to be certain that they are up to date and reflect your intentions.

Property Matters.

With a fragile real estate market trying to make its way toward recovery, start preparing now if you want to sell your property in the upcoming year. Call upon your attorney to help resolve any boundary disputes with your neighbors, make sure all deeds are properly recorded, and confirm that no unexpected liens or other matters cloud your good title to your property.

Caring for Others.

If you have a child or disabled adult with special needs in your household, then make this the year that you re-evaluate your use of services for him or her. A good attorney can help you assure that your household benefits from all of the rights and services available.

If you have elderly parents, this is a good time to help them get their affairs in order. Encourage them to think about – or update – their estate plans and asset management. They may benefit from some contingency planning in the event that one or both becomes disabled or incapacitated.

Coping with the Recession, Preparing for a Brighter Future

The current recession has taken a terrible toll on many small- and mid-sized- businesses. This may be a good time to consider changing your business model and positioning your business to take advantage of the upswing that will follow.

If your business is in trouble, rely on us to help your business

  • Partner or merge with one or more other businesses. Create value added, increase market share, and reduce your overhead costs.
  • Re-examine collections and accounts receivable. A more assertive approach could make a substantial difference in your bottom line.
  • Develop customer incentives that might help improve your competitive position.

A strong business? Use our experienced counsel to assist you as you

  • Grow your business with careful investments that take advantage of discounted rents and bargain prices for capital improvements and expanded inventory;
  • Acquire a smaller, possibly struggling business. The new entity you create could have a larger market share and be poised for action when the economy turns around.

Professionals, Their Billing Practices, and Maryland Law

What is new?
Maryland's highest court just ruled that there is a difference between the services that professionals provide and the billing practices they use.

What changed?
The Maryland State Consumer Protection Act (CPA) now clearly applies to the commercial aspects of professional practice; professionals are subject to the prohibition against unfair and deceptive trade practices.

Impact?
In the past, professionals (accountants, architects, lawyers, physicians, and others) could not be sued under Maryland's CPA for unfair or deceptive trade practices.

The professionals' exemption will still apply to the services they provide.

Now, victims of unfair or deceptive practices by a professional may have another tool for action, and may be able to collect their legal fees as well.

If you believe that you have been the victim of unfair or deceptive trade practices by a professional – a doctor, lawyer, accountant, etc. – you may now be able to do something about it. Consult with your legal professional and find out what your rights are.

Getting Paid – Tips for the IT Subcontractor

The Context:
Information technology projects usually happen in cyberspace, not with pens and papers. Things move quickly; deliverables have to meet ever shorter timeframes. Competition can be fierce – an IT Contractor with federal government or private industry projects can usually choose from among a number of small IT consultants to work with it as subcontractors.

The Problems:
Getting paid, defining the scope of work, protecting proprietary information or techniques, getting appropriate credit for the final project, and protecting the right to solicit new clients – these are but a few of the problems that IT subcontractors face in the fast-paced marketplace.

The Solutions:
Government contractors who fail to pay vendors and subcontractors may be liable under federal law; they may also lose the ability to bid on future contracts. But the subcontractors’ chance of getting paid – or bidding on future projects for that matter – can decrease dramatically once a collection action starts.

Prevention – anticipating problems and protecting against them from the start – is the best way to avoid conflicts with a contractor so that your consulting business can grow and prosper.

Consult your legal professional before bidding on a project – free your company to do what it does best, knowing that your rights are protected from the start.

Sorel guides Plaintiff to win oral contract case: Jury finds oral contract breached by Insomniac Design, Inc.

Representing District Design Group, LLC, Christiane E. Sorel successfully tried the case against Insomniac Design, Inc. for breach of oral contract. The jury rendered its verdict affirming the existence of an oral contract between the parties. Getting a jury to uphold an oral contract in the District of Columbia is challenging enough; proving breach of that contract is rare indeed. Fierce competition among Independent Information and Communication Technology (ITC) results in subcontractors all too often starting work on “rush” jobs without proper documentation.   Unscrupulous clients and/or prime contractors (“primes”) are poised to take advantage, believing that the legal system protects them from strict enforcement of oral contracts. No longer.

Prevention – protecting yourself and your company from predatory entrepreneurs – is key. Call today for a consultation.