Preventative LawyeringWritten by E. Elizabeth Sweetser
In this economy, you may think twice before consulting an attorney to avoid fees. Sometimes that’s a good idea. Sometimes it’s not and can cost you lots more in future litigation. Here are some basic guidelines relating to two important issues – contracts and insurance - to help decide when to use an attorney and how to use them efficiently. Contracts. A good contract is basis for any smooth business relationship. Contracts are essential. Not only do they clarify roles, responsibilities and ownership issues, they limit potential liability. Attorneys can help you draw up a contract that covers all your bases, but if you want to use your attorney efficiently, do some homework first. Sit down and in your own words define relationship you’re setting up and describe those who you’re setting it up with. Anticipate industry-specific issues that affect your risks and liabilities in contract. Point out best and worst-case scenarios that affect success of your product and how that will affect contracted parties. Address ownership issues. Now set up a meeting with your lawyer. You may think that signing a contract is a simple proposition. Just read what it says. Wrong! It’s not only what a contract says, but rather what it doesn’t say that matters. A contract can be deliberately written to be ambiguous and open to various interpretations, which are not always in your favor. Often, you are so personally involved in contract negotiations – agreeing to amendments, changing clauses day by day – that you feel that after all discussion, it MUST be right. Before you sign, have an attorney look at it. What you gain from an objective eye is far greater than what you pay in fees. You can add protective steps to your contracts, which may help in cases that lead to litigation. Include a provision in contracts that states that if you need to sue, legal fees are recoverable for non-performance or payment. You will probably have to include a reciprocal clause for other party. You could also include a dispute resolution clause that specifies use of binding arbitration. You can even specify a mutually agreed upon arbitrator in advance.
| | AN OVERVIEW OF BENEFITS (Part II)Written by Jinky C. Mesias
SOCIAL SECURITY BENEFITS FOR FAMILY MEMBERSFamilies of Social Security members are also covered by Social Security Benefits. When members retires or became disabled their members also received their share of Social Security Benefits. For spouse if he or she reaches age of 62 or older receives a monthly benefit. Also for spouse who takes care of member’s child under age of 16 or takes care of a child who receives social security benefits entitles spouse to receive social security benefits. Unmarried children under age 18 or under age 19 who is either a full-time student in elementary or secondary school may also be given social security benefits. And also a child of age 18 or older who is severely disabled is entitled to receive social security benefits. Each of family members may be able to receive up to 50% of retirement or disability benefit however social security benefits are only limited up to 150% to 180% depending on circumstances faced by family. The benefit given to social security member is not all affected or reduced by amount of benefits given to his or her family. And even benefits given to ex-spouse with whom social security member has been married for at least 10 years would have no effect or whatsoever on benefit given to member and to his or her other family.
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