MAKE THE MOVE NOW to Professional Business & Personal Legal Consulting!
Call Attorney Thomas Abdow NOW at 617-614-7234 or 413-629-7821 or write to him via email at: firstname.lastname@example.org
HOW TO MAKE YOUR ENTREPRENEURIAL VISIONS REALITIES and MOVE YOUR PERSONAL LEGAL MATTERS TOWARD GOOD RESOLUTIONS
Copyright 2018 by Thomas Abdow, J.D. – ABDOW LAW – Civil Law Legal Counsel
I like to first approach the business legal client relationship or the individual’s legal problems by learning about your business or personal legal needs before advising you.
In making an earnest, diligent effort to help you discover and plan for potential problems before they arise, I take your problem as it currently stands then attempt to resolve it favorably through diligent, zealous efforts to improve the outcome.
I work to accomplish this as far as is possible under the unique circumstances of each case, and try my best for all clients.
“MY BEST” includes a very tactical approach to legal problems and civil litigation.
I try to out-maneuver the other side before it knows it is being out-maneuvered.
Wise men, Warriors, Patriots and Presidents & a few Good Lawyers have said that,
“It is good to be under-estimated”.
Even if you now face business legal problems or civil law suits, I may be able to help you through the many procedural twists and turns of your problem or pending case?
Did you know that though it is never too late to consult with legal counsel, sometimes difficult or extreme circumstances prevent the otherwise “wise person” from consulting with legal counsel early on? This is why it is so important to consult early with competent legal counsel for your business legal needs.
Equally important are your individual legal problems. As a civil litigator, I know it best for you to call the attorney or your choice at the first sign of legal trouble. Most legal professionals offer initial free consultations to get a first impression of your legal problem. In this way they hope to be able to inform you about the kinds of options and legal services they may provide.
Many lawyers won’t tell you that even the best legal minds
cannot prevent or anticipate all problems.
I can also tell you that through a careful look at the parties and potential witnesses, as well as the likely evidence on both sides, (this through detailed initial information gathering from and by the potential client), and also by a more legally focused examination of assets, relationships & the interests of those involved and the issues raised; a better application of the law to the facts can be achieved and will help you make your decisions on business or personal legal matters.
By this “applying the laws or regulations to those facts we do find” we gain a better understanding of how to resolve the problem…
…and insight into which side may in fact have the stronger position.
This greatly helps with problem solving and could ultimately lead to good resolutions, again by a “tactical” approach to legal problem solving.
Though there are in fact, NO guarantees of success.
However, by seeing issues in the light of the need to protect certain interests and assets, a good attorney can help most business or individual legal clients realize what I like to describe as:
“FOUNDATIONAL SUCCESSES and BASIC ASSURANCES”
But what does that mean? Simply put,
a.] I strive for the most professional, yet workmanlike analysis and preparation, taking into account the facts and law as may be known to apply; and
b.] add to that some 29 years of diverse but focused Legal Experience as well as a wealth of knowledge outside of the legal rhealm,
c.] which help me to better use a tactical approach legal matters, this in the hope of getting good results for clients, eventhough there are no guarantees of good results.
I make every effort to exercise what is called “Independent Legal Judgment” in order to better help clients realize good outcomes whenever possible. A lawyer is required to exercise independent legal judgment in determining the viability of claims and processes used in civil litigation and almost any other legal matter. Though clients maintain a good measure of control and accountability in their legal matters; the lawyer must be able to put their years of experience and knowledge to work in the best way possible, in the lawyer’s own INDEPENDENT LEGAL JUDGMENT.
If prevented by outside influences or even by client demands from exercising the attorney’s Independent Legal Judgment; a lawyer cannot properly represent a client going forward, and sometimes, this calls for the ending of an Attorney – Client Relationship.
Lawyers can never and should never allow any misrepresentations or falsehoods before any authority, agency hearing, tribunal or Court at any level.
There is also the quest for truth and justice that should never be forgotten…
…nor should it ever be abandoned!
I like to describe it this way:
“Every good legal client presents a just cause seeking ultimate justice, while every good attorney stands ready to stand for those who cannot seek that justice alone.”
In short, we try very hard to make it all “legally” better; this by performing and providing legal services and using litigation processes in a professional, ethical, moral, honest, diligent and zealous manner…
…even in the face of what may appear to be and often is overwhelming odds including corruption, significant animosity and absolute illegality!
Now let’s get down to:
“AN INTRODUCTION TO BASIC BUSINESS AND PERSONAL LAW 101 …”
NOTE: I’ll give you this introduction by providing both information, and lots of unanswered questions… and you should really consider these questions at length.
Let’s begin here:
So you’ve been thinking about starting a new business, or expanding or changing your ongoing company? How do you think you should start?
When you start or expand your business, you have to decide what the final business format may be, how you will finance your business enterprise and what steps should follow.
A lot of thought and preparation goes into the service or product you will provide to customers. What can you do to make it profitable and protect it going forward?
Similarly, you will have to meet certain governmental standards and comply with certain laws and regulations.
Here are some good examples of “business organizations”:
i.] a Business Corporation (including Sub-Chapter “S” Corporations or “C” Corporations), or
ii.] a Limited Liability Company (LLC) or Limited Liability Partnership (LLP), or
iii.] a “Hybrid” Business Organization or “combination” with companies, corporations, LLCs, unique partnerships or entities playing different business roles, or
iv.] a sole proprietorship, or
v.] a partnership, or
vi.] a limited partnership, or
vii.] a non-profit business entity; or other business type… or combination.
….There are unique features in all the types of businesses I listed above. This is true for both new or already established business enterprises.
Almost always a part of this analysis is that there may be serious tax consequences in what you choose, how you operate on a day to day basis and how you characterize profits, payments, dividends and handle business and even personal assets.
In particular, how you use or actually run such business organizations at the initial stages, (that is when you establish your company, and even further down the road); can change the Taxation Issues you encounter rather significantly as time passes.
For this reason, proper legal advice to business clients
is to always seek further opinions of a Certified Public Accountant (CPA)
or other qualified tax expert.
Having a good, experienced attorney who is expert at “issue spotting” can be invaluable to anyone in business, particularly when those nagging “tax questions’ arise.
To learn more about these types of business organizations, call Attorney Thomas Abdow at 617-614-7234 or 413-629-7821. He is willing to talk about your business ideas and needs, or, if you prefer, you may email him at: email@example.com
Attorney Abdow also asks all potential business clients to produce:
a.) A list of all persons who will act or currently may act as founders, officers, directors, managers or in other important capacities for the start-up business organization or expansion, transfer, merger or other change;
b.) A list of all persons who will invest in the entity, either as shareholders, or who provide the start-up and running capital and the means or sources thereof;
c.) A list of products or services to be provided or produced;
d.) A list of risks in the business enterprise;
e.) Any current liabilities of the individuals or of the enterprise or any related person, enterprise or entity;
f.) Intellectual Property issues or contributions and from whom or where;
g.) What each founder may bring “to the table” in exchange for shares, securities, interests or controlling interests what will amount to 5% or larger interests in the entity;
h.) A statement of who may have controlling interests, voting powers and why;
i.) Will you want to seek additional investment capital or will you seek traditional financing from commercial lenders; In each case, why? How if at all, will you secure such commercial loans, pay for them and what liens will you grant against your property (personal, business or commercial) or against your intellectual property?
j.) Have you considered the “pros and cons” of “Angel Investors”? Have you also considered licensing agreements, leases, related documents and fees?
k.) Will your company be or remain closely held and essentially private, or will it seek to trade its securities on national or international stock exchanges, all giving rise to necessary and resulting U.S. Securities & Exchange Commission (SEC) compliance requirements or possible requirements of foreign securities exchanges;
l.) If your initial business plan, or any expansion plan requires more work to make it comply with necessary disclosures and Securities laws;
m.) Liabilities you will encounter and how will you take care of them, or insure against them;
n.) What benefit packages or executive remuneration will be involved and how will you handle these payments and likely necessary disclosures to shareholders or investors or the SEC?;
o.) Have you prepared a detailed analysis, as best you can, of the benefits, risks, profitability, market share, of the product or service and its demand or potential?
p.) Do you have patent, trademark or related issues?
q.) Will your enterprise have other entities as parent companies, subsidiaries, or acting in ownership capacities for certain assets, leases, or to protect assets? Have you considered these possibilities at all?
r.) Have you conducted and prepared a simple but detailed “ACID TEST” financial analysis of your proposed business enterprise or expansion? Asked an Accountant (CPA) to do so?
The above list is by no means complete or exhaustive, however, it gives you, the potential business client, an opportunity to think about legal counsel’s contributions and the issues you may want to consider depending upon the type of business you want to start, run, expand, change or purchase.
So as you ponder your future business enterprise, you may be wondering how the unique features or limitations present in each of these business “organizations” may on the one hand help and on the other, hinder your business entrepreneurial visions going forward.
This is best explored in the early stages of your company’s start-up
and even later at the time of each new business development
or at the time needed changes to your business
or personal legal relationships may arise.
With the assistance and advice of competent business legal counsel, your business may be able to see more positive rather than negative results.
Good Legal Planning is Good For Business.
If your company is already established, but changes in ownership, financing or working capital are anticipated, now may be the time to look at some of your options.
Seeing these options in the context of what your business ideas and needs may be right now and how you want to work to realize your business dreams in the future are all important to your decision-making process.
HOW CAN I RAISE INVESTMENT OR OPERATING CAPITAL OR SHOULD I?
Do you know how to find new investors?
How should you approach them in a way that is well within Federal and State laws
& regulations controlling such transactions?
Would you benefit from having advice on how to start the processes of reaching out to potential investors? How about learning some of the many processes you may choose for doing so?
How about discovering which processes are more acceptable to
and what regulatory compliance is needed should you choose to go “public” with your security offerings to raise such capital?
What if you want to make offers of securities to
“less sophisticated or inexperienced investors”?
Should you steer clear of any of these areas or dive right in and see what interest there may be in your company, your business plan, the risks involved and possible market share and profitability with such potential investors, and why?
Where do these lines and distinctions regarding securities blend or blur?
Do you know the difference between the kinds of “securities” offered by companies, and how private offerings differ from public offerings?
How about the basic differences and classifications of “sophisticated investors” as compared to “inexperienced or non-sophisticated investors”.
How much do the requirements change for each category and some of the sub-categories of investors?
Does it matter much how registered securities differ from non-registered securities and what if any differences do these registration requirements make in terms of costs to you and your company?
Is there a point where the costs outweigh the potential benefits?
The answer curiously enough may be both YES and NO, this depending on
your particular business needs, plans, disclosures and financial statements,
all in the context of the particular investor and business risk,
market share, current profits, capitalization sought and your true future plans.
So, even if you are still at the stage of wondering which business organization type to choose, it is important for you to begin to be familiar with and explore these differences in how to raise capital, the related disclosure and registration regulations, what are essential disclosures even in private offereings, fiduciary duties, and obligations under Securities laws. This should be looked at, even if your business enterprise consists of a small family run, or private or “closely held” business enterprise.
BUT WHY? DOESN’T THAT ALL COST MONEY TO LEARN?
First, if you are willing to read materials that Legal Counsel may provide or at least visit official websites where all of these regulations, laws and summaries of registration and compliance processes are contained; it should cost you very little, except some of your time…
…and it will be TIME WELL SPENT!
This is because the options presented can make a significant difference to your business development, business plans and ultimately to both investor interest, risk management & analysis and to current and future profitability.
Here is a link to a helpful site (the U.S. Securities and Exchange Commission or SEC) which explains some of the differences, requirements and processes:
How about this question….?
What you can do to make “doing business as usual” a thing of the past? In other words, can you plan your business better instead of just “winging it”?
How can you take advantage of laws meant to protect you,
your business interests and assets?
Do you also want to know some very basic ways to protect your personal holdings, liquid assets, equity and property both “real” (real estate) and “personal” (cars, boats, planes, investments); this while still realizing profit potential?
WHAT IS INTELLECTUAL PROPERTY AND WHY SHOULD I CARE ABOUT IT?
What about protecting your own ideas,
or the things that seem particularly valuable to you and your business
and which actually make your business viable and competitive?
This often concerns a special kind of property, called “Intellectual Property”.
A Singer-Songwriter’s Intellectual Property may be the words and music they write or compose, while the Intellectual Property of a Mechanical Engineer may be a new Product Design or Modification or a New Manufacturing Process.
The list is as limitless as the human imagination and creative thought.
So the related question is obviously:
How will you treat the intellectual ideas you own and how will you handle ideas that are coming from your associates, co-owners, officers or directors, shareholders or employees and consultants?
Here are links to sites which help you understand more about Intellectual Property at both the U.S. Copyright Office and the U.S. Patent & Trademark Office:
These and other questions raise just some of the important legal issues regularly faced by entrepreneurs and business owners.
Attorney Thomas Abdow has more than 29 years of experience as a Business Law and Civil Litigation specialist and can help you make the best choices for your business structure.
As an experienced Civil Litigation Attorney, he may also be able to help you with certain law suits you may need to bring in court or that you and your company may be facing right now. Feel free to Call and consult with Attorney Abdow at 617-614-7234 or 413-629-7821.
A thoughtful legal analysis of where you and your business (or its problems)
stand right now, may, with hindsight, become the most important
“make it or break it” decision you make
(or were glad you actually did make earlier).
In other words, good legal planning may in many ways “legally pave the way for profits” as compared to the lack of legal advice which may have the effect of “making your company less manageable, less flexible and much less profitable”.
Employees, EMPLOYEES, E M P L O Y E E S !
If you plan to hire workers or staff members, an understanding of current employment laws and anti-discrimination laws on both the state and federal levels is essential.
What about Wage and Hour claims against your company?
Do you pay workers as it is often described as “under the table”?
Do you know how very costly that particular violation of Massachusetts law can be for you and your company?
Do you know it is a “STRICT LIABILITY” violation with few if any defenses available to you personally or to your company? Do you know that similar Federal Wage and Hour laws must also be fully complied with? Have you considered contracting with a reputable “payroll service” to help with compliance?
But you ask, WHAT! ME PERSONALLY LIABLE?
… I thought that my company protected me from personal liability!
Well, in Massachusetts, under certain wage and hour laws and regulations, you may in fact have personal liability for such violations as described above, regardless of your company organization.
Remember, foreknowledge is often the best preventive measure!
So…… What about Un-employment Compensation claims at the Mass. DUA?
Attorney Abdow has worked as a DUA Administrative Hearing Officer (or Review Examiner). In this work, he heard, decided and wrote some 150 Unemployment Appeals Decisions as an Administrative Law Judge. Only one of his decisions was appealed and it was upheld on appeal.
Attorney Abdow can represent you at the DUA and on related matters. He has both the experience and insight from actually working as an Administrative Law Judge or Hearing Officer and deciding difficult Unemployment Compensation Appeals.
Discrimination, DISCRIMINATION, D I S C R I M I N A T I O N !!!
Sometimes a business client calls legal counsel to ask a question like this:
My Daughter was talking to me about DISCRIMINATION she claims is going on at her place of work the other day. I’ve heard so much about it in the news. Is this something that as a business owner I should be concerned with at all?
As background to this answer,
Attorney Thomas Abdow has also successfully litigated serious Employment Discrimination and Disability Discrimination federal lawsuits brought under Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 (and under other related state or federal anti-discrimination laws and regulations).
These Civil Actions, as brought for clients by Attorney Abdow against major, regional and international companies are litigated by Mr. Abdow with his unique, intense, dedicated, zealous and never quitting approach to such important anti-discrimination legal work.
Some of the good results that have been achieved for such clients is to “carve out” special areas of liability (that were not particularly clear before) and to keep employers, managers, some co-workers and some high level company executives, and even some third parties, in compliance with and accountable for actionable discrimination or retaliation in the workplace and elsewhere.
These cases sometimes involve a unique class of individuals who have experienced (or may now be experiencing) unlawful Discrimination or Retaliation because they advocated for the rights of others, including but not limited to intellectually disabled persons.
This kind of anti-discrimination / anti-retaliation litigation knowledge and experience is readily transferable to advising business owners on how to handle such claims should they be brought against the employer, company officials or workers or upper management by employees, (and sometimes by third parties who are not considered employees).
Attorney Abdow can share valuable insights on related business and employment law questions including the myriad of anti-discrimination laws to which many companies find they must answer after they receive either a Charge of Discrimination or service of a Summons and Complaint alleging employment or other discrimination or retaliation.
“When one realizes the myriad of and different levels of liability, particularly in such a heavily regulated jurisdiction as Massachusetts, it only makes good business sense to consult with competent business legal counsel as early as possible once any nagging question comes to mind or is placed on the center of your desk,” he added.
Another area often neglected by business owners until it is too late
is posed by the following question:
HOW IS YOUR BUSINESS & ITS LOCATION AFFECTED BY LOCAL REGULATIONS?
Are local authorities requiring PLANNING Board or ZONING Board Approvals, Variances, Zone Changes?
Are there hidden environmental problems at your business site?
Will these be disclosed by you under applicable laws when you transfer the property or because disclosure may be required?
What if you don’t know about them, and such environmental conditions are found to exist; how will they affect any deal, sale, re-finance, the value of your company and your business bottom line.
Will they force the closure of your business? Is that EVEN possible?
Can you continue to operate your business after you buy the business property that your business or you have occupied under a commercial lease for years?
What about if you own your business, and sell it to someone else or to another company, or if your company merges with another business entity?
If you sell, without controlling or owning the land on which you operate your business, or otherwise make a business transfer, will your buyer still be able to operate the way you did in the same location, on the same property?
Even if you do own the land, can the sale still be commercially viable and financed given the local, regional, state or federal land use or other restrictions?
How will you, your company, shareholders and investors fare in the face of local, regional or state regulations and bureaucrats who all of a sudden seem to “kick in” to set up road blocks to your business when they were almost never present before?
All important questions!
On the question of Land Use and Planning; Attorney Abdow first researched and wrote Zoning Opinions for a mid-sized law firm’s Real Estate Property Division as a paralegal while attending law school at Western New England College – School of Law, this some 30+ years ago.
Mr. Abdow has served as both a Zoning Board of Appeals member and Chairperson for the Town of Ludlow, MA.
He can likewise help you with Zoning Board, Planning Board, or local, regional or state level hearings or appeals.
I note that in handling such problems for business clients, an attorney must apply a straightforward analysis of the applicable facts to the laws or regulations to show how the matter may resolve, and to better understand which claims resulting from such processes on the local level are supportable on appeal; that is if an appeal seems likely, necessary and supportable.
Can the client afford to appeal and remain in business?
This is why when a new business owner decides that a business arrangement is “good enough for the immediate future” or that a location or business plan is okay for now; they may not be looking far enough down the road.
They may not have considered many of the important “hidden” issues connected to the property location or business itself.
And as a result, further down that business road, they may in fact find that these “good enough for now” aspects which were either minimized as to importance or over-looked, may rise to the surface and drain away hard earned profits or endanger important business or personal assets.
“It is most often best not to leave what you could have fixed at the start …
… for a later uncertain resolution.”
As legal Counsel, I acknowledge that clients sometimes have to make hard decisions, and sometimes those decisions, though they may seem best at the beginning, simply do not work out in the total business analysis later on, and often cause clients enormous losses.
To complicate matters worse, and as you may have already experienced, some local, regional and state government officials and bureaucrats pride themselves on being “always right” when in fact, that is not always the case.
They are often wrong, but not often enough challenged.
If you run up against this kind of bureaucracy …….
… Are you prepared to take it on alone?
A better question may be:
Could you have prevented it from ever happening by using good legal advice to help you spot these critical issues at the start of your business,
and by then engaging in “pre-emptive” problem solving, with a look toward avoiding such future legal and financial disasters,
….you create or selectively choose a good business environment and location instead of one wrought with problems that will inevitably show up in the future?
If you unfortunately make the bad choice rather than the good one, Attorney Abdow is also ready, willing and able to take such issues on to higher authorities, including to administrative agencies and then to the trial or appellate courts, but usually only if such claims are supportable by a reasonable interpretation of both fact and law or a reasonable request for a change or extension of the relevant law on appeal.
The main point is… if you fail to consider these important aspects of business now,
you could work for years to see your profits go right through your fingers
to another person or even to an over-reaching governmental entity,
all due to either poor legal planning which lacks vision
or due to the complete lack of legal advice.
WHICH WOULD YOU PREFER?
REAL TOUGH LEGAL PROBLEMS FOR BOTH INDIVIDUALS AND BUSINESSES:
Good legal advice, though not foolproof or guaranteed as to the final result, is designed to make some of the more foreseeable and avoidable mistakes more avoidable and to minimize risk and liability. Still want to go it alone or use a “do-it-yourself corporate business website” to start your new business or make important changes?
If you answered “YES” to the last question, then I also have to ask:
Would you also pull your own tooth or remove your own appendix rather than seeking a dentist’s or a surgeon’s professional care?
With more than 29 years of practicing law representing unique and successful small businesses and helping to enforce or litigate the legal rights of individuals, my experience has shown that:
The one factor causing the most trouble for individuals and small business owners who face potential or actual legal problems has been their failing to seek regular or even occasional legal advice
from competent, licensed, and experienced legal counsel.
HOW WOULD YOU CHOOSE TO PROCEED IF YOU KNEW THE OUTCOME?
Help yourself to avoid some of the leading causes of substantial business legal losses… …which in many cases can be handled by contacting legal counsel for advice before making final decisions on important matters, and making that contact WITHOUT DELAY!
Some of the related and distinctive legal services Attorney Abdow offers include traditional and more creative business planning, corporate officer and director advice, such as, in-depth business plans, handling shareholder disputes, dealing with employment contracts and independent contractors, and, for those seeking outside investment capital, explanations of how to begin the process of making “private offerings” to raise capital that are structured specifically for your unique Business Ventures.
So even if your business idea involves just one person (yourself), or many, such as a Board of Directors and Shareholders or Investors, dozens or hundreds of employees, you owe it to yourself to explore and learn more about all of these possibilities.
According to Attorney Abdow, “Each entrepreneurial vision, large or small, is best helped on the road to success through careful, forward looking pre-emptive business legal planning,” and “it often becomes a tactical approach to business or civil litigation” he said, “and sometimes it can be good to be underestimated!”
An essential look at the business, its current circumstances, business form or proposed organization, and the applicable law can help to eliminate or minimize many problems.
Many small business owners can be facing substantial legal problems because they do not have the benefit of good legal advice, legal business planning, attorney preparation of corporate and contractual documentation, an in-depth understanding of contractual and business corporate relationships or of the relevant regulations and statutory laws on both the state and federal levels …as well as local regulations and codes that so often affect businesses and individuals.
The answer to this can be help from dedicated, zealous & experienced legal Counsel.
Call or e-mail Attorney Thomas Abdow now at 617-614-7234 or 413-629-7821 or at firstname.lastname@example.org
HERE ARE OTHER BUSINESS LAW QUESTIONS TO CONSIDER:
When there is a need to gain practical insight and information on certain “duties”, will you know:
a.) When it becomes necessary to make proper or needed business disclosures and what it means to act in “good faith” and meet your “fiduciary duties”? and
b.) Use proper ongoing business procedures, such as Corporate business actions, notices, agreements, meetings, quorum requirements, votes, resolutions, and shareholder, officer and director rights, LLC manager rights as compared to “management rights” and why is there a big difference? and
c.) Powers and limitations, … even the possibility of involuntary corporate dissolution?
d.) How about… “Piercing the Corporate Veil”?
e.) What happens if you or another principal of your business (or a person with management authority who can commit to contractual deals on behalf of your company), misrepresents or mis-characterizes the status or nature of your business organization (whether intentionally or not)?
Will you or the company lose some of the built-in protections afforded by the practical nature of your business organization because someone, even an “innocent” third-party relied on such misrepresentations or mis-characterizations?
Do you want to know about these kinds of things before you take the big leap into entrepreneurial freedom and begin to realize your free enterprise dreams?
Most competent legal professionals say that you should.
It is my considered opinion, based upon my 29 years of being an “Attorney at Law” that most business owners and individuals are smart enough to know something about most of these things I’ve discussed in this article.
However, it is the one or two you do not know about which can prove to be potentially legally disastrous and very, very costly.
Attorney Thomas Abdow takes the time to help you analyze your business needs and to create a solid legal foundation…
…from which you can better hope to proceed toward success with confidence.
He also handles each client matter personally, every step of the way.
Contact Thomas Abdow, J.D. now for your business and civil litigation legal needs at 617-614-7234 or 413-629-7821 or by email at: email@example.com
“Those who hesitate in getting legal advice at the outset of a major business decision or legal problem, often find themselves lost in a barrage of unforeseen legal issues and time wasting problems that in many instances can be anticipated at the starting phase of a business enterprise or legal problem,” Attorney Abdow added, “and the cost increases as the problems increase”.
I WILL NOW OFFER A COMPARISON BETWEEN SOME OF THE INITIAL CIVIL CLIENT INTAKE INFORMATION and THE EARLIER DESCRIBED BUSINESS CLIENT INTAKE INFORMATION THAT I USUSALLY REQUEST FROM POTENTIAL CLIENTS OR MY REGULAR CLIENTS:
In contrast, Attorney Abdow typically asks all potential civil law clients to produce the following kinds of information and things for Legal Counsel to review:
a.) a chronology of all related events, before, during and following the time period in which a legal problem first seems to arise;
b.) the names of witnesses, with their current contact information;
c.) places where significant events and even minor related events occurred;
d.) a candid statement from the potential client about what he or she believes is putting their legal rights at risk, what may be violating their rights, what caused their injuries if any, how the incident may have damaged the potential client or others either financially or personally, including physical, emotional or mental health injuries, and to what extent;
e.) a further candid statement of what the potential client sees their own liabilities to be, as well as what claims they believe they can bring, and any defenses to things they believe could make them liable for injuries or damages;
f.) who else may be responsible for these losses, to any extent;
g.) when, where and how the events occurred, as well as which witnesses were present during all or a portion of the events so that they could contemporaneously see, hear or otherwise perceive what happened;
h.) any other possibly related things, events, persons or entities and how the potential client believes they relate to the case or controversy;
i.) a list of things the client has in his or her past involving the persons or entities involved, no matter how small or large.
j.) a list of any court involvement, whether civil or criminal, including the parties involved, complaints made or charges defended against.
This list is by no means complete, but may give you, the potential client, a basic look at some of the things the attorney needs to know to render any valid advice.
Because some individuals fail to seek legal counsel when it is most important and most needed, their problems inevitably worsen or their rights are often disastrously denied because they literally waited too long.
Sometimes though, in the most serious of cases, it is even worse.
This worst case scenario can be further due to a combination of the client waiting “too long” or, it may be more seriously due to an unruly, illegal, weighty and palpably filthy combination of influences caused by the corrupt, retaliatory, intentional rights denying and illegal acts of others who may be either public or private “actors” or both; and by which a person’s rights may be denied, sometimes permanently ….this no matter how hard an attorney fights for those rights.
Thankfully though this is the exception and not the rule.
It is also the characteristic of such difficult outcomes, that they sometimes lead to later resolutions which ultimately exonerate the rights of the clients whose rights may have been denied. This is often realized only through continuing efforts to “legally hammer away” at the corrupt, retaliatory, bureaucratic entities and persons who so viciously deny such rights.
However you may see this scenario, I believe this example does show the need for clients to act rapidly to secure legal counsel to help them through what may turn out to be very difficult legal problems, some of which the depth, length and magnitude thereof may initially evade the client, and even not be apparent at the first look by even competent legal counsel.
This is in part due to the absolutely insidious level of animosity present in some cases, which works behind the scenes to create a climate of injustice.
To strongly advocate against such persons or entities and their bureaucratic supporters is a battle worth fighting, but usually quite costly.
That is a fact of such legal work.
To take this to another level and from another angle, I will try to better define “too long”.
Thus, “TOO LONG” in terms of when a claim or case may be filed under the applicable “Statutes of Limitation” which dictate time limits under which claims or actions may be filed administratively or in court; can translate to mean and to be, in some cases, as short a time as, for example:
a.] Just 3 to 10 days to respond to an important legal document or initial appeals periods under some local or state authorized regulatory systems, or
b.] Generally, for most Appeals from lower court decisions, a thirty (30) day limit is imposed, for filing a “Notice of Appeal” or
c.] For some employment discrimination claims, 300 days is the limit to file an Administrative Agency “Charge of Discrimination” under Title VII or the ADA where the state has both its own anti-discrimination agency, (as is the case in Massachusetts where the MCAD operates) and the U.S. Government’s Equal Employment Opportunity Commission or “EEOC” allows or requires such discrimination charges to be “co-filed” with both the Federal and State anti-discrimination agencies, or for further example:
d.] In the case of unfair debt collection practices, or U.S. Fair Debt Collection Practices Act (FDCPA) claims, one year is all you have, or
e.] Wage Act claims and Hour and Wage violation claims both have differing and short time periods in which to bring claims, and you should immediately act to bring such claims or your rights may be lost forever, or consider that:
f.] Claims against the state or state employees for negligence under the Massachusetts Tort Claims Act are also quite short and with the myriad of state agencies, the question of “who’s on first” for establishing liability and proper service of such claims on the right agency “head” as required prior to filing an actual Civil Lawsuit against such state agency or employee, can be particularly hard for the lay person to answer. This is why you should immediately act and call an Attorney for advice as soon as such claims even remotely arise, this even if you are unsure you have a claim, or for still further example:
g.] For other Personal Injuries, a three (3) year limitation for filing a lawsuit for most personal injury actions, or
h.] Four (4) years for Consumer Protection lawsuits under Mass. Gen. Laws Chapter 93A, (and don’t forget that there are circumstances under which a Thirty  Day Demand Letter is required prior to bringing a lawsuit), and
i.] Six (6) years for a contract breach action, or
j.] Twenty (20) years for an action upon a mortgage or contract “under seal”.
The above list is not exhaustive, nor fully inclusive of all statutes of limitations by which claims or appeals must be filed or noticed administratively or in court, but is provided to show why attention, and often IMMEDIATE attention is required to protect your rights.
By taking the time to consult with competent legal counsel on your personal legal matters, you’ll be making the right choices for your individual legal needs now, or for your immediate legal needs as they may arise.
You’ll also have a better chance of doing better with your claims or defenses if you seek legal advice early on.
In this fashion, you and your attorney can strive to make all the difference.
Contacting Attorney Thomas Abdow at Abdow Law for a FREE initial consultation where you can begin the process of talking about your business ideas or personal legal needs is as easy as dialing 617-614-7234 or 413-629-7821 and leaving a detailed, confidential message for Attorney Abdow, including your return telephone number.
Waiting too long is almost always very costly.
Waiting too long to contact an attorney with the experience you need is not only costly in terms of dollars spent to attempt to dig you out of a legal mess, but also significantly jeopardizes your rights.
“A RIGHT DELAYED IS A RIGHT DENIED!”
If you would have been in a stronger position from the outset had you had legal counsel at your side to help keep you in that strong position, or to establish your rights for further adjudication before a Court of competent jurisdiction, or on Appeal;
you run the risk of “losing your ground” as to protecting your rights without competent legal counsel.
Rather than attempting to navigate the rough, rubble and rock strewn pre-litigation and Civil Lawsuit road alone; wouldn’t it be better to try to get to that road’s end and solve your legal problems while being “represented by counsel”?
That decision is ultimately, your own CHOICE.
I would encourage you to Make the Move NOW to Professional Business and Personal Legal Consulting with Attorney Thomas Abdow & Abdow Law.
Attorney Abdow is admitted to practice before or the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court and Trial Courts or the Commonwealth, various state and federal agencies, the United States District Court for the District of Massachusetts and the Supreme Court of the United States of America.
ATTORNEY THOMAS ABDOW BRINGS MORE THAN TWENTY-NINE YEARS OF EXPERIENCE TO THE FOLLOWING AREAS OF LEGAL ADVOCACY & PROFESSIONAL LEGAL REPRESENTATION:
- CIVIL LAWSUITS IN FEDERAL AND STATE COURTS including all aspects of Pre-Trial work, Discovery, Motion Practice, Dismissal Defense Motions, Summary Judgment, Briefs, Court Appearances and Oral Arguments; Mediation or Settlement, Trials, Post Trial Motions and Appeals (when supported or necessary).
- SMALL BUSINESS CORPORATION START-UPS, SHAREHOLDER RIGHTS AND BUSINESS BUYOUTS with FAIR ALLOCATION OF OWNERSHIP INTERESTS;
- BUSINESS AND LAND TITLE DISPUTES;
- UNFAIR AND DECEPTIVE INSURANCE SETTLEMENT AND CONSUMER PROTECTION CLAIMS AGAINST INSURERS, BANKS, DEBT COLLECTORS, BUSINESSES;
- PUBLIC AGENCY ABUSE OF RIGHTS, DENIAL OF ACCESS, DISCRIMINATION CLAIMS;
- EMPLOYMENT DISCRIMINATION;
- DISABILITY DISCRIMINATION AND RIGHTS ENFORCEMENT ADVOCACY;
- EMPLOYMENT AGREEMENT NEGOTIATIONS, FIRINGS or WRONGFUL TERMINATIONS;
- ZONING, PLANNING and LAND USE MATTERS;
- REAL ESTATE TITLE DISPUTES AND EXAMINING;
- BUSINESS TO BUSINESS LAWSUITS;
- PREDATORY LENDING BY MAJOR BANKS – (Home Mortgage Lenders);
- CIVIL CONVERSION CLAIMS;
- CONTRACT BREACH AND RESOLUTIONS;
- CONSUMER PROTECTION (Mass. Gen. Laws Ch 93A Claims);
- U.S. FAIR DEBT COLLECTION PRACTICES ACT (U.S. FDCPA) and related claims;
- PRODUCT CAUSED INJURIES ( Products Liability and Defective Design or Maintenance);
- JOB SITE INJURIES;
- UNEMPLOYMENT COMPENSATION CLAIMS (MA DUA);
- LANDLORD AND TENANT DISPUTES AND EVICTIONS;
- COMMERCIAL PROPERTY RIGHTS AND DETERMINATIONS
- NEGOTIATION, MEDIATION and ALTERNATIVE DISPUTE RESOLUTION
As a Business Law and Civil Litigation specialist, Attorney Thomas Abdow can help you make the best choices for your business or personal legal needs.
Call Attorney Abdow now at 617-614-7234 or 413-629-7821.
This article has been provided for educational and informational purposes by:
Thomas Abdow, J.D. – Abdow Law
Post Office Box 67, Marlborough, NH 03455
Call Attorney Abdow at 413-629-7821 or 617-614-7234 to schedule an initial consultation.
IMPORTANT NOTICE and LEGAL DISCLAIMER:
The foregoing is a legal advertisement from the law office of Thomas Abdow, J.D. – Abdow Law.
The information presented is not to be relied upon as legal advice; this since it is not possible to provide proper legal counseling to clients without the attorney first having full knowledge and disclosure of all the relevant facts and circumstances surrounding a particular legal matter.
If you believe you are faced with a problem which could involve court or which by its nature indicates that it is serious or that your rights could be in jeopardy, whether those matters involve you personally, or your business; then you are strongly advised to immediately contact Attorney Thomas Abdow or another Massachusetts licensed attorney to consult with them regarding such matters.
The information contained on this page is an advertisement for legal services and does not constitute legal advice. Nothing that is written above is intended as legal advice, nor does any information contained in this advertisement establish any attorney-client relationship. The transmission of the information included in this advertisement is not in any way intended to create, nor does the receipt of any of the information constitute any agreement to create an attorney-client relationship with Attorney Thomas Abdow, or with Abdow Law.
Only after full disclosure of the relevant factors and circumstances involved in a particular client’s matter, and an opportunity to evaluate and conduct research as may be necessary, should an attorney render any legal opinion.
A legal advisory or representation relationship does not begin until the Attorney and Client enter into a Written legal advisory or representation Fee Agreement and thus establish a formal Attorney-Client relationship.
All initial communications are of course kept confidential to the extent required by applicable laws; this whether or not a potential client retains a particular attorney to advise or represent them under Massachusetts law.