International Law Journal

by YJIL - February 19, 2024

5 Legal Documents New Landscaping Companies Should Have In Place

For anyone who is the owner or part-owner of a landscaping company, we trust you are aware that there are certain documents you should have in place, especially if you wish to comply with commercial and consumer law. We are not suggesting that you create these documents yourself, as that would normally be a role for your commercial lawyers.

However, even if you are not creating the document, as someone who owns or manages a landscaping company, it is one of your responsibilities to ensure that it complies with the legislation that applies to the running of a landscaping company.

If, for any reason, you are unsure about any of this or any other matter about your landscaping company operating lawfully, then please discuss this with your commercial lawyer or an employment lawyer if it concerns one or more of your landscapers.

However, to give you a head start, we will highlight and outline five core legal documents that not just every landscaping company may need, but the vast majority of companies may require, regardless of what sector they operate in.

by YJIL - March 1, 2023July 31, 2023

10 Essential Steps To Prepare Properly For Divorce

One issue that family lawyers often encounter is a client asking them for help with a divorce, but that client has done absolutely nothing to prepare for their divorce. When we say “prepare” we do not mean that the client has been planning for divorce behind their spouse’s back. Instead, we mean that the client has taken no steps to help themselves through the divorce process.

If you are still unsure what we mean by “prepare properly for divorce”, we have ten essential steps which we believe will help you understand further. Two points of note are that first, this applies to both divorces for married couples and when a de facto relationship ends. Second, the ten steps are not necessarily in chronological order, so the timing of each of them is your choice, other than the first one.

Decide And Then Accept Your Marriage/Relationship Is Over: Your first step is to decide and accept that your marriage or relationship is over. We do not suggest that you make this decision on a whim, but more that acceptance will help you move forward and deal with your divorce, whereas denial will not.

by YJIL - February 23, 2023October 16, 2024

10 SEO Tips For Law firms To Increase Organic Traffic To Their Website

There can be many tactics and strategies used by Slinky Agency to create a successful digital marketing campaign for law firms, but one which will be at the heart of many of them will be SEO. SEO, which stands for search engine optimisation, is how law firms can ensure that their website appears near the top of the results whenever someone enters a relevant term in a search engine.

With Google being by far the largest and most influential search engine, it is normally their ranking algorithm that websites must be optimised for. With some estimates putting the ranking factors Google takes into account at over 300, it is clear that SEO requires work and effort to generate results.

Nevertheless, optimising certain ranking factors is more a case of working cleverly than working hard, and thus law firms should be in a position to implement many SEO tips that can help rank their websites higher and boost their search engine traffic. Here are ten of those SEO tips.

by YJIL - January 12, 2023April 12, 2023

Exploring the Legal Implications of Laser Eye Surgery

With the advent of medical technology, laser eye surgery from Insight Eye Clinic has become a safe and effective way to improve vision. From simple procedures like LASIK to more advanced treatments such as PRK, it’s no wonder so many people have taken advantage of this relatively new procedure. However, along with the benefits of laser eye surgery come a variety of potential legal implications. In this blog post, we’ll discuss the risks associated with laser eye surgery and how these risks can be mitigated through informed consent and other legal measures. We’ll also explore the most common legal issues associated with laser eye surgery, and provide guidance on how to best protect yourself and your eyes in the event that something goes wrong. It’s important to remember that laser eye surgery is a medical procedure, and as such, it’s essential to understand the potential legal repercussions before making the decision to proceed.

1. Understanding the Risks of Laser Eye Surgery

Laser eye surgery is an increasingly popular way to correct vision problems, with millions of procedures taking place each year. However, it is important to understand the risks associated with the procedure before making the decision to go ahead. Some common risks of the surgery include infection, discomfort, and vision side effects such as halos, glare, and double vision. Additionally, the procedure may not always be successful in correcting the desired vision, and there is a chance of permanent vision loss. It is important to consult with a qualified eye doctor before undergoing laser eye surgery to ensure that the risks are understood and that expectations are realistic.

2. Researching State-Specific Laws for Laser Eye Surgery

Before performing laser eye surgery, it is critical to research and understand the state-specific laws and regulations governing the procedure. Each state has its own set of laws that must be followed when performing laser eye surgery. For example, some states may require the patient to meet certain criteria in order to qualify for the surgery, while others may require the doctor to obtain specific licensing or accreditation in order to perform the procedure. Researching state-specific laws before performing the surgery is essential in order to ensure that it is performed safely and legally.

by YJIL - October 18, 2022August 24, 2024

3 Ways Landscapers Can Build Customer Loyalty

Some might misunderstand that landscapers and their clients have a one-time relationship regarding the designing and installation of a client’s new landscaped garden. This is an understandable assumption, given that a landscaped garden is usually created once and then not again for many years.

For that reason, it might at first seem unnecessary for landscapers like Sydney professionals Intreeg Landscapes to pursue anything designed to generate client loyalty. After all, if a client is only going to have their garden redesigned every 10, 15, or even 20 years, a lot can change. However, if we think about this further, there are several reasons why a landscaper should seek to build loyalty with their clients, as outlined below.

#1: Ongoing Services

Whilst a landscaped garden design and creation is indeed a one-off job, maintaining that garden is not. Adding on new features such as new garden pots or fountains may interest clients in the future, if their previous experience was good, they will be more inclined to call you for the job. Many landscapers offer additional services, including maintaining not only the gardens they have created but also those they have not. The revenue generated each month from clients paying a landscaping business to maintain and repair their landscaped garden can be significant and certainly enough to warrant building client loyalty.

by YJIL - August 1, 2022August 4, 2022

5 Legal Mistakes To Avoid When Buying A Bali Villa

For anyone planning to follow the Bali villas rental business model, we hope you are aware that there is a lot more to getting started than simply obtaining a dream luxury villa and then renting it out to tourists. Unfortunately, the law which pertains to Bali, which is Indonesian law, can be a bit of a minefield when it comes to foreigners buying property or starting a business.

If you have not done any research on Indonesian law relating to property and business, then we suggest you do so quickly. Better still, we highly recommend that you acquire the services of lawyers who practice in these areas of the Indonesian legal system. The truth is if you are going to run a business within the Ball villas rental model, you must do so legally, and in full knowledge of the applicable regulations. Otherwise, you may make one of several legal mistakes outlined below.

Buying Freehold

The simple fact is Indonesian law forbids foreigners from owning property outright, which means if you were to purchase a property freehold you would be participating in an illegal transaction. To operate a Ball villas business, you must either lease the land or lease the villa, and even with these transactions, it is essential that use a reputable estate agent or notary to ensure that everything is being done lawfully.

by YJIL - June 8, 2022July 4, 2023

How to Cancel or Vary a Violence Restraining Order

Once a Violence Restraining Order (VRO) is in force, sometimes circumstances between the Applicant and Respondent improve and it is no longer needed. Criminal lawyers can give you good advice on how to go about cancelling the order, otherwise you can still be tried for breach of the order if you breach the terms.

To have the VRO cancelled you have to fill in a special form called Form 8 Application and lodge it with the Magistrates Court. The form has a space for you to write down the reasons for the cancellation or the variation so the court will know if there is sufficient reason.

In fact, for a couple to get back together there will have to have been a breach of the VRO, and so the respondent is likely to be on trial for the breach. It is then necessary to have that Form 8 filled out in readiness so that the court can know that the Applicant – the person who applied for it – actually helped cause the breach and no longer wants the VRO to be in effect.

However, in cases where there has been no reconciliation and you just want the terms varied, when the form is filled out you have to state what terms you would prefer and give a reason. This reason could be in order to visit a child, or in order to continue working in a place that may be close to where the Applicant lives.

The court looks for evidence that you are experiencing severe and unnecessary hardship and thus, that your hearing should go ahead as soon as possible. They will then set a date for a new hearing which you must attend.

by YJIL - August 31, 2021October 11, 2024

Why The Design Of Your Commercial Legal Practice’s Website Must Be Entrusted To A Professional Agency

If you have decided that your commercial legal practice needs a new website then no doubt you are excited by, not only what it will look like, but more to the point, how much it will help your business to generate many new clients from the internet. Creating a website is something that the top website designers know all about, and one thing they would certainly advise you against is doing it yourself.

Even if you have some experience of building a website and enjoy doing so, you have to bear in mind this website will be the representation of your commercial legal practice online. It will also have a massive influence on many aspects of your business such as its branding, its reputation its client acquisition, its revenue, and ultimately its overall success. You surely do not want to compromise any of these with a website that is anything less than perfect.

Another point to consider is that you are presumably an expert in the field of commercial legal services and when running your practice, you undoubtedly bring a high level of focus, energy, and commitment to that each day. To diminish any of these due to the additional efforts required from you in trying to build a website is surely not the best investment of your talents and your time.

A far more beneficial option for to have a new website designed for your commercial legal practice is to employ the services and the talents of a professional website design agency. We say beneficial because there are several benefits which take this course of action will produce, and if you read on, you will discover what they are.

Working Digital Marketing into your Website Design from the start

The first benefit is the fact that a professional digital agency, will have the experience and expertise that will allow them to create a strategy for any type of business, including commercial legal practices. More importantly, they will have insights into that practice’s audience which allows them to produce a website that both visually, and with respect to its content, will appeal to those prospects, which means more conversions to paid clients and make a digital marketing strategy easier to plan with a better design.

by YJIL - June 16, 2021December 6, 2023

3 Comparisons Between Time In Rehab And Time In Jail

For any two drug users, the paths they each follow to becoming addicted to drugs can be similar, even if they live in different countries and come from diverse backgrounds. Where those paths might diverge at some point is when one goes into drug rehab, and the other finds themselves in prison following a conviction for drugs offences.

The circumstances that leads each of these two people to the situation they are in now can be influenced by many things. It could be the country or state they live in and the laws and attitudes to drugs that exist there. Another could be that one’s family was supportive, and the other’s was not. It could even be down to luck where one almost gets caught in possession of drugs and seen that as a wake-up call to enter drugs rehab, whereas the other got caught and convicted.

No doubt these two scenarios have played out all around the world, and it brings us to where we compare rehab and prison and how they compare as solutions to drug addiction and drug crime. Is one better than the other, or do both rehab and prison complement each other and make the other more effective? To try to come up with some answers to those questions, here are some basic comparisons between time in rehab, and time in prison.

by YJIL - May 18, 2021July 8, 2021

Developing a Payment Structure for Your Online Business

Online business in Australia is heavily regulated, which means that you need to understand your legal obligations before you begin accepting online payments for goods or services. A decent commercial lawyer who offers legal advice will be able to help you with this.

However, we understand that sometimes you want quick answers. We’ve therefore put together this quick guide to help you develop a functional payment structure for your online business that complies with Australia law.

Why do I need to think carefully about my online payment structure?

There are literally hundreds of different ways to accept online payments in the modern world. The experts at web design sydney will tell you the popular methods like PayPal and credit card payments have been around for years, but more payment gateways are being created every year.

For example, the recent rise of the cryptocurrency market has led to a lot of online businesses accepting Bitcoin payments. Although this is a bit of a grey area, it’s usually ok to accept crypto payments as long as you have a decent record keeping system.

Speak with your commercial lawyer or online legal advice professional to develop the best payment solutions for your new online business. Consider the best way to keep records for your business, along with the most cost effective solutions.

What should I consider when putting my payment system together?

There are a few things to think about when you’re developing your payment system. They include:

Carefully consider your record keeping and tax requirements and make sure that you’re meeting them.
Think about your potential customers. How will they want to pay?
If possible, try and integrate a range of payment solutions to diversify your business and target audience.

There’s no clear set of rules to follow when you’re putting together a payment system for your online business. However, you should think about consulting a commercial lawyer if you’re not really sure what you’re doing.

by YJIL - April 16, 2021October 15, 2024

Steps to Take When Cosmetic Surgery Goes Wrong

Very rarely do Botox legal issues arise. Still, when they do, or when other cosmetic procedures go wrong, it’s helpful if you know what to do about them.

The more informed you are, the more confident you can be to take the best steps for your situation. If you’ve found yourself in this very situation, consider the following information.

What Your Surgeon Should Do

Even though your surgeon may have attempted to do everything right and walked you through the risks associated with your procedure, things can still go wrong. When they do, there are rules and regulations in place your surgeon must follow to ensure a beneficial outcome for all.

According to the Code of Conduct for Doctors in Australia, the surgeon should first recognise what has happened. Once they have identified the issue, they should immediately attempt to rectify the problem and seek advice and help themselves if they need to do so.

As this process affects you, your surgeon should explain what has happened and what both the short-term and long-term effects of it might or will be.

It’s also essential that they provide the support you need, acknowledge any distress you’re experiencing, and comply with all policies relating to the situation, subject to their insurer’s advice.

Given the seriousness of the situation when cosmetic surgery goes wrong, your surgeon will need to report the events to an authority, review what happened, and put changes in place to reduce the risk of it happening again.

If you wish to make a complaint, they also need to make information around complaints procedures available to you.

by YJIL - March 21, 2021March 21, 2024

5 Steps For A Landscaping Business To Choose The Right Lawyer To Represent Them

Whilst we are sure all landscaping businesses would hope that they never need the services of a lawyer, the stark reality is that the evidence shows that there are many reasons why a landscaper may have to seek professional legal representation. This is not to suggest that landscapers are going to be sued left, right, and centre, nor that they will be taking legal action regularly.

Indeed, it is because landscapers being involved in legal action of any kind is rare that justifies why they should retain a lawyer, because if not, and they are caught unawares without proper legal representation, it could result in an outcome that is far from desirable. In other words, having the reassurance and the peace of mind that a lawyer is on hand if the need for one arises, is why you want to set up such an arrangement.

Now you know why landscapers should retain a lawyer’s services, the task now is to find one, and that is something that should not be taken lightly. Not there are offices galore full of rogue lawyers, however, no two lawyers operate or work in the same way, and having one which you are comfortable with and are certain will work in your best interests, is a highly desirable scenario.

So, if you are a landscaper or someone who runs or owns a landscaping business, here are five steps you should take to ensure that the lawyer you hire to represent you and that business is the right one.

by YJIL - March 2, 2021July 8, 2021

Personal Client Information and Your Business

When you have a business that needs to handle and/or store personal information from clients, it is essential to comply with the Privacy Act, known as the Australian Privacy Principles (APP). According to digital marketing experts Slinky Web Design you may have a business website that handles customer credit card transactions that your online marketing agency has set up for you.

Even if you have as carpet cleaning business, having lawyers to help you will ensure your business is in compliance and they can also tell you if it is necessary for you to do so. Not all businesses need to.

This is just one of the many reasons it is wise to retain solicitors for your business. At least they will know all the details about your business and be able to give you the advice your need quickly.

Not all businesses need to know their clients personal information to conduct business. This personal information includes such things as…

by YJIL - February 6, 2021July 25, 2024

What You Can Do If You Think Your Dentist Has Been Negligent

Across the country, and indeed around the world, each day, patients are treated by their favorite, reliable dentists, and the outcome is a good one. However, there are a small number of occasions around the world—usually when you visit an unfamiliar dentist—where things can go wrong, and the patient believes that their dentist has not performed the dental work to a certain standard or that what they have done has caused some kind of injury or harm.

If you ever find yourself in this kind of situation, there are steps you can take, and one of the most serious is to sue your dentist for negligence. However, it must be stated from the outset that there is a fairly high bar in terms of what constitutes medical negligence by a dentist, and it is not enough for you simply to be unhappy with what they have done.

To bring a case for medical negligence, you need to be able to show that the dentist’s negligence caused that injury or harm in question. Obviously, you should legal advice, and if the case does reach the court, a lawyer who operates within the realm of medical negligence cases will be required.

by YJIL - January 25, 2021October 14, 2024

The Advantages of Buying an Established Business

If you’ve longed to run a business and work for yourself rather than putting up with a boss there are two options. Buy an established business by browsing online business sales websites or contact a business broker, whether you want to run a commercial cleaning operation or digital marketing agency – or start up a new one from scratch.

Both options have advantages and disadvantages, but whichever you decide on, it’s a good idea to consult with lawyers before signing on the dotted line. That way you’ll be sure that all is as it seems and your solicitors will be available to you whenever you need them to ensure everything is done legally.

While it may seem cheaper to start up your own business, there are several good advantages of purchasing one that is a going concern already. Here are some of them.

There will be immediate income to help pay costs.
Many lenders view an established business as a better risk than one still in the pipeline.
There are fewer decisions to make as everything is already there. For instance, if you buy a coffee shop, you won’t have to decide on the decor, or how to set up the furniture.
There is less work involved in setting it all up.

by YJIL - December 12, 2020July 8, 2021

Pros and Cons of Starting Your Own Business

There are many advantages to starting your own business, but there are also some disadvantages. Even though you may be fed up with working for a boss in the SEO agency, it is wise to take all these into consideration before starting up your own business. Consulting with a lawyer for legal advice is one of the best ways to get a deeper understanding of everything that must be done. Following your solicitors advice will ensure your business is legally set up, but they will also help you with many other aspects of running a business.

Here are some of the pros and cons of starting a business from scratch: –

by YJIL - November 17, 2020August 22, 2024

A Dentist’s Guide To Avoiding Medical Malpractice Claims

One of the biggest fears that any medical professional may have, including Perth dentists, is that a patient decides that they wish to sue them for medical malpractice. Apart from the massive financial implications should they lose, the subsequent damage to their professional reputation can often be irreparable.

Sadly, many of the medical malpractice lawsuits are justified, and the patient is rightly entitled to any damages which are rewarded due to the nature of the harm resulting from what the medical professional did. Many others are not justified and are soon dismissed, however, that will not erase the stress and worry they will have created for the medical professional in question.

Thankfully, there are tried and trusted steps you can take as a dentist that will dramatically reduce the chances of a patient suing you for medical malpractice, which, if followed, should mean you need not have to go through that same stressful process.

Communication Is Key
Whilst you might think that how you perform as a dentist is a large factor in avoiding medical malpractice suits, and it obviously is, an even greater one is how well you communicate with your patients. The simple fact is that good communication has prevented more medical malpractice suits, than good medical skills.

By communication we mean every interaction you have with patients and that includes before, during, and after their treatment. Ask them questions, answer them courteously, and even with those ‘difficult’ patients, always do your best to remain calm and friendly whilst speaking with them.

by YJIL - September 8, 2020October 14, 2024

How Does The Family Law Court Decide Property Settlements?

One of the most common aspects of divorce that a divorce lawyer will be asked advice on is the property settlement. Some of the reasons it plays such a large part in a divorce are understandable, and some of the reasons, not so much.

Obviously, both parties to the divorce want to ensure that they are both treated fairly with regard to finances, especially if there are children to be provided for. The other reason is that if a financial settlement can be agreed between the couple with the help of legal advice from their lawyers, the need to go to court, and thus incur additional fees, is negated.

This kind of agreement is called an informal agreement and whilst they can be created without the need for lawyers, the strong advice is that a lawyer’s advice is sought, if no other reason to ensure that what you are agreeing to is fair.

The other reason you should still seek legal advice is that informal agreements cannot be enforced by a court, so you want the agreement to be as robust and equitable as possible.

The next step up from an informal agreement is a financial agreement, which is agreed between the couple, again with the help of their lawyers. This time though, the agreements presented to the court for approval. The court will assess it to make sure it is fair, before approving it.

With court approval, a financial agreement now becomes legally binding and therefore a far more formal and enforceable settlement. These are especially needed when aspects of the settlement include support payments for children or an ex-spouse, where they might want the reassurance that the payments are protected by legal means.

by YJIL - June 15, 2020April 1, 2023

How To Legally Recover Outstanding Monies Owed To Your Landscaping Business

It is a sad fact that every business type occasionally deals with clients who, for whatever reasons, fail to pay the fees owed to that business on time. On occasion, it might simply be an oversight, and the client pays following a call to remind them the monies are outstanding.

Unfortunately, not every non-payment scenario is as straightforward as that, and thus the business owner has to take action to try and get the client to pay them what is due. The question is ‘How?’. The first point we would make is that landscapers should never try to take the law into their own hands and use anything that could be construed as overstepping legal boundaries.

We are talking about using threats, such as threats of violence to try to frighten the client into paying. Other examples would be going to their property and damaging the work that you have done for them. There is little to be gained by any of this and it often has the opposite effect where instead of the client paying, they sue you, or worse, report you to the police. So, assuming, you will pursue legal means to recover the monies owed to you, here are some steps you can take.

by YJIL - May 3, 2020October 14, 2024

3 Ways to Legally Break an Employment Contract

In general, employment contracts are serious, legally binding documents. They are usually created with the help of employment lawyers to ensure that they are well written and contain provisions for most circumstances.

Despite this, it’s usually possible to legally break an employment contract, both as an employer and as an employee. It’s always worth speaking with a lawyer if you’re not sure about your rights, but we’ve put together a quick list of three ways to legally terminate an employment contract. These include:

By Providing Adequate Notice and Paying Accrued Entitlements

As an employer, you can legally break an employment contract by providing adequate notice and ensuring you pay all outstanding leave and other entitlements. You should speak to employment lawyers and your employer’s guidelines, but the minimum notice periods in Australia are:

One week for less than one year of employment.
Two weeks for one to three years of employment.
Three weeks for three to five years of employment.
Four weeks for five or more years of employment.

Note that these are absolute minimums, and there will be situations where more notice is required. For example, if your contract includes information about the amount of notice to be given, you will have to abide by this. Seek legal advice for further information.

Note also that there are two things that could happen here; (1) the employee will continue working until the end of the notice period or (2) the employee will be terminated immediately, but will be paid until the end of the notice period.

by YJIL - July 20, 2018October 14, 2024

Snapchat, Twitter and Instagram May Be Your Worst Enemy in a Divorce

No one can argue that social media has permeated every aspect of our society. Everyone from your youngest friend to your oldest relative communicates on one form of social media or another. As of 2017 a huge 81% of people had a social media profile of one kind or another. With numbers that huge it’s a safe assumption that the parties involved in a divorce will have one or even all of these types of accounts. Experienced family lawyers will tell you the consequence is that documenting and presenting social media evidence is now a critical part of family law proceedings.

Ultimately, the statements on social media are often a doubled-edged sword: they are typically emotional, sometimes rash. One the one hand, social media is uniquely set up to be electronically preserved since it exists in a digital format already. What is said, posted, or streamed on social media now becomes a prime opportunity to illustrate negative behavior about an opposing party. Here’s an example: if one party claims that the other has a substance abuse issue, a Facebook album titled “Trashed Tuesdays” full of documented drunken exploits could certainly be useful evidence.

People are people, as the saying goes, and it’s often difficult, if not impossible, to get them to stop “knee-jerk” reactions to a baiting Facebook post, or to stop posting damaging or derogatory thoughts about the opposing party via social media.

by YJIL - February 6, 2018November 14, 2019

Need Guidance with your Business Contract?

Commercial Law Specialists can help you understand Terms and Conditions

You may wish to start or operate a business with multiple partners as this often brings its own set of advantages to the business. Commercial lawyers can help you understand the legal jargon as well as terms and conditions mentioned in business agreement. Interpreting the different conditions and stipulations will help you understand your position as a partner. Businesses owned by multiple partners (as opposed to a sole proprietor) enjoy certain benefits. For example, the business may be able to borrow a greater amount of money from lending institutions (like banks) compared to what a sole proprietor may be able to borrow on his or her own. Similarly, risks tend to be spread out among partners rather than incurred by a single individual and moreover, you can share management and control with other partners.

However, it is not practical to agree to all the terms and conditions orally (In cases of breaches of contract etc and in the absence of a formal contract, these situations could be difficult to resolve). People may often forget verbal conversations and this is why it pays to have a contract in place. The business agreement is a formal, written contract that clearly explains the expectations of all the parties as well as describes actions in the event of other eventualities. Rather than simply agree to an oral agreement, a written business contract is legal and legitimate and it’s crucial that you understand the terms that you’re agreeing to. In addition to containing clauses, terms and conditions that will be honoured in an Australian court of law, business contracts also help safeguard the resources of the business from fraud.

Professional Legal Advisors will tell you that you may require a business contract in any of the following situations:

by YJIL - May 29, 2017October 14, 2024

How Family Lawyers Can Help You

You might consider family lawyers to be only necessary to help you through the bad things in life such as separation and divorce, but they are there to support you through many different kinds of happenings, many of which are very pleasant. When there are major changes in your life such as getting married or moving into a new home, your solicitors can help smooth the way.

Marriage- Once you get married you’ll need to change your Will, because the former one is no longer valid. If you’ve been divorced, your Will is no longer valid either, so you need to see a solicitor to have it changed.
New family – Once you have children, you’ll want to include them in your Will. Some people set up trust funds for their children to help with their education or to ensure they get a certain amount of money at a specific age.

by YJIL - April 27, 2017October 14, 2024

7 Tips to Deal with First-Time Litigation

When you start a business one of the joys is often knowing that you are helping people get what they want and so fulfilling their needs or solving their problems. So when someone files a lawsuit against you it can make you feel really bad, more especially when you know what happened was not your fault. Here are some tips to help you deal with it.

Get competent and experienced litigation lawyers immediately. You just cannot deal with litigation on your own, there is too much legal work that needs to be done if you are going to get a good result. And the quicker this starts, the better it will be for you. The better the lawyer, the better outcome you will get.
Acknowledge your feelings and go easy on yourself for feeling them. Don’t try to hide them and act tough. It is normal to have a roller-coaster ride of different emotions from fear and resentment through to anger and frustration. Take time out for yourself to relax while still working on your business.
Turn to your support network of family and friends. Knowing they are there to support you makes all the difference to your mental anguish at such a time.
Understand that fighting for ‘right’ is not always possible due to the prohibitive costs of lawsuits. Try and settle out of court if you can and it will save you stress, time and money, even if you have to pay for something that was not your fault. Make the decision based on what makes the most sense for your business rather than on an emotional basis. Know that a great percentage of lawsuits are settled this way.

by YJIL - March 10, 2017October 19, 2018

The Difference Between a Lawyer, Accountant and a Financial Advisor

When it comes to business, it’s important to surround yourself with people who can help you, both at the beginning and throughout the life of your business. Lawyers, accountants and financial planners all have important roles to fill when it comes to business. Some of these people may be needed on a regular basis, while the need for others comes and goes, depending on what your business goals are.

For instance, financial planning is essential before you even start your business, to ensure the concept is a viable one. Without this in your business plan, the lenders won’t be able to tell if the idea is a good one that will make a profit; something they need to know if they are going to lend you money. A financial planner can also help you grow your business once it is established. They can ensure you get the most out of your business profits by creating an investment plan. Simply putting money in the bank is not the best way to invest it these days.

by YJIL - February 3, 2017October 14, 2024

3 Ways to Handle Shareholder Disputes

There are many people involved in running a business from management to staff to shareholders. Often disputes arise, especially when shareholders think management is making poor business decisions that affect their income from the business. When disputes arise they often need to be handled by a commercial lawyer, but there are some other methods that can be used to get the issues solved quickly and cost-effectively.

This is when an independent mediator is used to help the parties involved make good decisions. The mediator doesn’t make the decisions; their expertise lies in facilitating discussion and defusing tense situations that do nothing to help get the matter resolved. An independent mediator is a neutral party who is not affected by the outcome of the dispute; this is why both parties feel they can be trusted.

by YJIL - January 3, 2017October 14, 2024

The Many Causes of Litigation

When you own or run a business, litigation is one of the many hazards that you may face. It is essential to consult with your commercial lawyers for sound legal advice and find out what steps are needed to resolve all kinds of disputes quickly and prevent litigation that could be the ruination of your business. Taking out insurance to cover litigation is also essential, otherwise you could find yourself bankrupt.

Here are some of the causes of litigation that businesses face and tips to prevent it: –

Accidental or intentional injury of a client or customer on the business premises. Prevention includes ensuring your workplace is safe for both customers and employees. Prompt dispute resolution practices should be instigated at the first sign of trouble.
Accidental injury of an employee during the pursuit of his or her employment. Workplace injuries are a fact of life. You can help prevent them by adopting safe practices and training staff to do their work safely.
Intentional injury by another worker on the premises. Another reason for dispute resolution strategies.
Defamation of a client or an employee by the company. Watch what you say. People can get irritated and say things they don’t mean. People can become offended and sue.
Sexual harassment by an employee or manager to an employee. Training staff how to behave properly should not be necessary – but it is.

by YJIL - December 14, 2016October 14, 2024

The Different Kinds of Business Structures

If you are considering setting up a business, there are different kinds of business structures that you need to know about. This will enable you to decide which one best suits the type of business you have in mind. It is a good idea to consult with lawyers to ensure you are choosing the right structure and that you comply with all the rules and regulations. This could also assist you with any future possible business disputes including shareholder disputes.

Once you decide and start up your business, it is always a good idea to keep those lawyers on hand so you can get their advice on any legal matter that may arise. They will be familiar with your business by then and be able to offer the needed advice quickly, which is good when time is of the essence.

Here are the four main business models: –

Sole Trader – many people who set up a home business or an e-business at home are sole traders. As the name implies, they work by themselves without any employees. They alone are responsible for debts and they also own all the profits. They may need to consult with a solicitor to find out some of the things needed for their business. Council permission may be needed to start up a business from home, especially if clients need to go there.

by YJIL - November 22, 2016January 6, 2021

5 Estate Planning Steps to Consider Before Seeing the Lawyer

If you are considering estate planning to take care of your assets and divide them properly between your loved ones, experienced family lawyers will tell you to write down the information they need before you make an appointment with them. In this way they will have all the information to hand and can get on with the job, saving you both time and money.

So to that end, here is a list of steps you need to take to ensure you have everything covered.

Physical assets – these are house, car or any other vehicle you may own and any other asset worth over $100. This can include electronic devices, home theatre, camera, artwork, engagement rings, ornaments and expensive clothing such as a fur coat or your wedding dress.
Non-physical assets – these will include bank accounts and investments of all kinds. Include the names of the banks and account details as well as the companies you have shares with. It will also include such things as life insurance, other forms of insurance, annuities, pensions and superannuation. Make sure these are all updated with the nominated beneficiaries information still being current.
Liabilities – all the debt you owe should also be listed. This includes home loans, business debts, car loans and the balances on your credit cards, if any. You need to think about how you want such debts to be paid off in the event of your death. Add up your total debts so you can work out whether the sale of a specific asset would be enough to pay it all.