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I have represented
clients on contracts, workers' compensation, personal injury, torts,
employment, succession planning, tax, and all strategic business
matters. Additionally, I have represented clients in tax matters
including audits, collection enforcement and have settled tax cases with
offers in compromise. As a Mediator, I have facilitated the settlement
of legal disputes in business, contracts, torts, personal injury,
probate, divorce and family matters. I am also a partner in the most
respected provider of strategic financial business intelligence
consulting services. As an Attorney, CPA and MBA I have over
thirty years of business experience:
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Corporate
council and Vice President of a major corporation, leading the
legal, tax, and finance
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Prepared,
executed, and litigated all legal business for several corporations.
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Facilitated
better legal and financial decisions.
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Provided insight
to senior managers regarding the risk inherit in legal and financial
decisions.
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Negotiated hundreds of disputes achieving win/win solutions.
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Expert at case
evaluation for settlement.
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Trained mediator at
Capital Law School, Ohio University
and Beechacres.
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Mediator for
Hamilton County Common Pleas Court 2003-2004.
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Implemented
decision analysis process to improve legal decision making
Contracts
One of the most
important business areas are contracts. Almost everything in business is
contract related. The primary focus of contract law is to determine
which promises the law will enforce. While contracts usually involve
promises to do something (or refrain from doing something), not all
promises are contracts.
Courts look at a
number of factors to determine whether an agreement should be enforced.
The court must initially determine whether the agreement constitutes a
contract or not. In order for an agreement to be considered a valid
contract, it must satisfy certain requirements. One party must make an
offer and the other party must accept it. There must be a bargained for
exchange of promises, meaning that something of value must be given in
return for a promise. In addition, the terms of a contract must be
sufficiently definite for a court to enforce them.
If a court
determines that a contract exists, it next must decide whether that
contract should be enforced. There are a number of reasons why a court
might not enforce a contract. These are called defenses to the
contract. Contract defenses are designed to protect people from
unfairness in the bargaining process or in the substance of the
contract. If there is a valid defense to a contract, the contract may
be voidable, meaning the party to the contract who was the victim of the
unfairness may be able to cancel or revoke the contract. In some
instances, the unfairness is so extreme that the contract is considered
void, in other words, a court will declare that no contract was ever
formed. |
