Domestic Violence Lawyer Utah

Domestic violence means any criminal offense involving violence or physical harm with a cohabitant, including assault, a threat of violence or physical harm, or an attempt to commit a criminal offense involving violence or physical harm. Cohabitants refer to people living together as boyfriend/girlfriend, spouses, or the parents of a child. When we say domestic violence, we are talking about a criminal offense that involves a cohabitant. There can be domestic violence assault, domestic violence criminal mischief and domestic violence in the presence of children. Criminal mischief essentially means damaging property. For example, if you and your spouse got into an argument and you threw a plate, causing it to break, then that would be considered criminal mischief. If your children were present during that time, that would be considered domestic violence in the presence of children. I’d like to think of it as an enhancement; it’s more serious because of the familial relationship.

How Serious Are Domestic Violence Allegations In Utah?

In Utah, once the police show up to a domestic violence call, there is about a 95% chance that one person is going to go to jail. It’s almost an unwritten rule that if they have to go out there and get in the middle of your familial relationships, then someone is going to jail. It just seems that way; it’s not an official rule. When that person goes to jail, they don’t automatically get a bail or a bond like they would with other offenses, such as DUI or theft. A lot of times they have to wait there until they can be seen by a judge. They are prohibited from contacting the alleged victim, and they are not going to be able to reach them through the phones at the jail. If they go in on a Friday night, they might not see a judge until Monday morning. Even if they do get out of jail on Monday morning, the terms of the release will disallow them from having any contact with the alleged victim. That means that they won’t be allowed to enter the residence without the assistance of a police officer- not even to gather some clothes for work.

Are Orders Of Protection Automatically Placed In A Domestic Violence Case?

If charges are filed, part of the prosecutor’s duty is to contact the alleged victim or victims and see if they want the criminal court to enter an order of protection. An order of protection is not ordered automatically; it’s the prosecutor’s obligation to make contact with the victim and see what they want. If they want that order in place, then it could stay in place as long as the criminal court has jurisdiction over the case. Depending on the outcome of the case, that could be 12 to 18 months. I see those orders of protection being issued quite frequently because the victims are afraid and worried about their children, their health and their safety.

How Are Domestic Violence Charges Determined To Be Either A Misdemeanor Or A Felony?

There are different things that can make a charge a felony versus a misdemeanor. Aggravated assault, the use of a weapon, very serious injury, and criminal mischief resulting in over $2,500 worth of damage could all lead to felony charges. Another factor that’s taken into consideration is whether or not there are prior domestic violence convictions. For example, if you have an ongoing problem with one of your family members and you were charged and convicted with domestic violence a year ago, then your next domestic violence offense could be enhanced to a Class A misdemeanor. If you have another episode six months down the road, then that can be a felony. Basically, the determining factors are the classification of the charge, the seriousness of the damage involved and prior convictions.

Suing for Domestic Violence

Although for many years suing ones spouse was prohibited under spousal privilege, these days most states do allow one to sue your spouse, either while still married or afterwards. Ten states (Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, and Wyoming) and Washington D.C. still do prohibit immediate family from suing one another. But even these states generally allow exceptions for “intentional torts,” or specific and purposeful acts of wrongdoing on the family member’s part. All of the typical behaviors which generally constitute domestic violence assault, battery, psychological abuse, etc… are almost certainly categorized as “intentional,” so you can likely sue in these states as well.

What Kind of Behavior can be Considered Domestic Violence?

There is no all-encapsulating definition of what constitutes domestic violence; every state defines it differently. But any of the following behavior:
• Slapping, punching, pulling hair or shoving
• Forced or coerced sexual acts or behavior such as unwanted fondling or intercourse, or jokes and insults aimed at sexuality
• Threats of abuse-threatening to hit, harm or use a weapon on another, or to tell others confidential information, and
• Psychological abuse-attacks on self-esteem, controlling or limiting another’s behavior, repeated insults and interrogation.

Why Should I Sue my Abuser?

Besides the obvious possible financial benefits, suing your abuser in tort can provide a sense of emotional relief and control. If you’ve missed work because of your abuse, you can receive lost wages and medical expenses, as well as general damages for pain and suffering. Some states will even allow punitive damages, which are meant to punish the defendant, and can be considerable sums of money that can help you start a new life. But obtaining vindication through the court system comes at a cost. There is certainly a lot of stress involved, and already damaged family ties will be further strained. It also difficult for many victims to just recognize their own abuse; actually taking the abuser to court may be too difficult for them to contemplate. But sometimes when victims realize the position they’ve been put in and want to fight back, suing their abuser may be the best way to break ties with the past, especially if the abuser may be going to jail anyway. And while litigation is expensive, courts can often force the abuser to pay your litigation fees, and many attorneys work on contingency.

If you’re considering bringing a tort action for injuries you received from a family member, keep the following points in mind:
• Is it worth it? Does your abuser have the money to pay damages?
• Does the abuser have insurance? Home owner’s insurance will NOT pay for intentional torts, but will pay for negligence (you might be able to frame your abuse as the result of negligence)
• If you are getting a divorce, be careful of signing a marriage settlement, which will often include clauses to prevent suits for any past abuse.

Understanding how domestic violence charges work in Utah is important if you have been charged with domestic violence. In Utah, there is not a single crime that is specified as “Domestic Violence” rather, there are many crimes that are considered a “Crime of Domestic Violence”. To be considered a crime of domestic violence the offender and the victim must have a relationship that is included in the definition of cohabitant that has been set forth in Utah law. Some of these relationships include:
• Husband
• Wife
• Ex-husband
• Ex-wife
• Common law husband
• Common law wife
• Roommates
• Individuals that have a child together
• Individuals related by blood or marriage
Some of the most common criminal charges that are classified as domestic violence crimes in Utah include:
• Simple assaults
• Aggravated assaults
• Criminal mischief
• Protective order violations
• Stalking

If you are convicted of a domestic violence offense, you should understand that you will more than likely be restricted from possessing a firearm pursuant to federal law. You will also be required to complete an assessment and 12-14 weeks of counseling through the Division of Child and Family Services. If you are accused of domestic violence you may find that the accusation is followed by a protection order for or against your spouse and children. Being accused or convicted of a domestic violence charge can be scary.

How Domestic Violence Affects Child Custody in Utah

The effects of domestic violence are far-reaching and can leave visible and invisible scars for years to come. A parent’s past record of abuse, also called “domestic violence,” may significantly alter the outcome of a child custody case. In cases of chronic abuse, a parent may have limitations placed upon his or her visitation rights, or in the most extreme situations, the abusive parent may lose his or her parental rights entirely.

Protective Orders

In situations where domestic violence is ongoing or there is a fear of future abuse, a protective order may be appropriate. Utah’s court website provides protective order forms and basic information about obtaining a protective order. In order to obtain a protective order, you must show that you have been harmed or threatened by one of the following categories of individuals:
• current or former spouse (including spouse by common law marriage)
• person who resides or formerly resided at your same residence
• person who shares a child or unborn child with you, or
• person related by blood or marriage.
If a judge determines that domestic violence has occurred in your case and is likely to occur in the future without court intervention, your protective order will be granted.

Central to any custody decision is what sort of living and visitation arrangement best serves the child’s emotional well-being. Utah recognizes two types of custody: legal custody (decision-making authority) and physical custody (where the child resides). While Utah courts prefer joint or shared custody situations, a history of domestic violence could serve as justification for a judge to deviate from a joint custody arrangement and limit the abusive parent’s visitation with his or her child.
Impact of Domestic Violence on Child Custody Orders in Utah
In determining the best interests of the child, evidence of domestic violence is one of several factors considered and weighed in a custody decision. A single, unreported incident of domestic violence does not automatically mean a parent will lose visitation rights. However, a chronic history of abuse or a parent’s failure to protect his or her children from domestic violence could result in restrictions on custody and visitation or a complete termination of parental rights.

Supervised Visitation

Supervised visitation may be required in cases of chronic or recent domestic violence; it requires the presence of another adult at visitation sessions between the child and abusive parent. Although restrictive, a supervised visitation order does not mean that the abusive parent will only ever receive supervised visits with their child. Nevertheless, before the supervised visit requirement can be lifted, the abusive parent must prove to the court that the child would be safe in his or her care and there is no likelihood of ongoing abuse.

Termination of parental rights

When a judge decides to terminate a parent’s custodial rights, including all rights to visit with or otherwise parent his or her child, the decision is permanent and cannot be undone by a parent’s subsequent good behavior. A judge will only terminate parental rights in the most extreme circumstances. Some reasons a Utah court would terminate parental rights include sexual abuse of any child, causing a disabling injury of or disfigurement of the child, murder or attempted murder of any child, and intentionally or recklessly causing the death of the child’s other parent.

Ways to Help a Victim of Domestic Violence

• Make Time for Them: If you decide to reach out to an abuse victim, do so during a time of calm. Getting involved when tempers are flaring can put you in danger. Also, make sure to set aside plenty of time in case the victim decides to open up. If the person decides to disclose years of pent-up fear and frustration, you will not want to end the conversation because you have another commitment.
• Start a Conversation: You can bring up the subject of domestic violence by saying “I’m worried about you because …..” or “I’m concerned about your safety…” or “I have noticed some changes that concern me…” Maybe you’ve seen the person wearing clothing to cover up bruises or noticed that the person has suddenly become unusually quiet and withdrawn. Both can be signs of abuse. Let the person know that you will be discreet about any information disclosed. Do not try to force the person to open up; let the conversation unfold at a comfortable pace.
• Listen Without Judgment: If the person does decide to talk, listen to the story without being judgmental, offering advice, or suggesting solutions. Chances are if you actively listen, the person will tell you exactly what they need. Just give the person the full opportunity to talk. You can ask clarifying questions, but mainly just let the person vent their feelings and fears. You may be the first person in which the victim has confided.
• Learn the Warning Signs: Many people try to cover up the abuse for a variety of reasons, and learning the warning signs of domestic abuse can help you help them:
Physical Signs:
• Black eyes
• Busted lips
• Red or purple marks on the neck
• Sprained wrists
• Bruises on the arms
Emotional Signs:
• Low self-esteem
• Overly apologetic or meek
• Fearful
• Changes in sleeping or eating patterns
• Anxious or on edge
• Substance abuse
• Symptoms of depression
• Loss of interest in once enjoyed activities and hobbies
• Talking about suicide
Behavioral Signs:
• Becoming withdrawn or distant
• Canceling appointments or meetings at the last minute
• Being late often
• Excessive privacy concerning their personal life
• Isolating themselves from friends and family
Believe the Victim: Because domestic violence is more about control than anger, often the victim is the only one who sees the dark side of the perpetrator. Many times, others are shocked to learn that a person they know could commit violence. Consequently, victims often feel that no one would believe them if they told people about the violence. Believe the victim’s story and say so. For a victim, finally having someone who knows the truth about their struggles can bring a sense of hope and relief.

Reasons Why Victims Stay

It can be hard to understand why someone you care about would seemingly choose to stay in an abusive or unhealthy relationship. Here are a few reasons why it’s not easy to part ways.
• Fear of harm if they leave
• They still love their partner and believe they will change
• Their partner promised to change
• A strong belief that marriage is “for better or worse”
• Thinking the abuse is their fault
• Staying for the children
• Lack of self-confidence
• Fear of isolation or loneliness
• Pressure from family, community, or church
• Lack of means (job, money, transportation) to survive on their own

Domestic Violence Lawyer

When you need legal help from a Domestic Violence Lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

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Recommended Property Division Divorce Attorney

In every divorce, couples must divide marital property and debt before the judge will grant the request for a divorce. Couples have two choices: work together to determine what property each spouse will take away from the relationship, or ask the court to decide for you. If you live in a community property state, the court presumes that any assets (or debts) accrued during the marriage belong equally (50/50) to both spouses. If you have property that belongs to you, whether you brought it with you to the marriage, or you acquired it alone during your relationship, you’ll need to ask the court to award the separate property to you. In equitable distribution states, the court will divide marital property fairly between the spouses, which doesn’t always mean a 50/50 split. The court will categorize the property as marital or separate before the judge awards any portion to either spouse. If you have separate property, you’ll need to prove your ownership with receipts, witnesses, or any other evidence.

Work Together to Reach a Property Agreement

There’s no doubt that a judge won’t understand your family’s circumstances as well as you do. If you’d like to keep control of how you split your assets and debts in your divorce, it’s best to work with your spouse, rather than letting a court decide.

Create a List of Assets

One of the easiest ways to start the property division process is for each spouse to create a list of assets and identify which spouse should receive it in the divorce. When you’re both finished with your list, you can come together to compare. If you have a dispute, work together to resolve it and determine who should get the property. It’s important to be transparent through the property division process. Both spouses must identify all assets that they acquired throughout the marriage, which includes bank accounts, insurance policies, vehicles, retirement accounts, pensions, real estate, recreational vehicles and equipment, and anything else that holds value. If you agree to a property settlement and later find out that your spouse didn’t disclose an asset, you can ask the judge to reopen your case to revaluate the property division. In addition to potentially losing assets later, the guilty spouse may also face fines or penalties from the court if the judge believes your ex intentionally failed to disclose or hid information the asset. Honesty is always the best policy when it comes to disclosure. Generally speaking, courts will accept the fair market value (FMV) of each item, which is what you can get for the item if you sell it on the open market today, not what you paid for it.

Value Your Property

Another important step is to determine what the property is worth. Generally speaking, courts will accept the fair market value (FMV) of each item, which is what you can get for the item if you sell it on the open market today, not what you paid for it. Try to agree on a value for each asset worth more than a specific amount—say, $100 or $500. There are some useful websites that can help you value certain property, such as Zillow.com or Redfin.com for real property, and Kelly Blue Book for vehicles. For more difficult or complex valuations, like of a business or antique collectibles, you may need to hire an appraiser. If you can’t agree on a value for a specific item, you may each have to hire independent appraisers, and ask a judge to pick from one of the two valuations.

Determine If the Property Is Marital or Separate

Whether you’re in a community property or equitable distribution state, if you own separate property, it will remain in your possession. That said, you must first categorize and agree that the assets were separate before you can move forward. Each spouse should identify the owner of each asset. If there is a disagreement about whether an asset is marital or separate, the person claiming the item will have to prove to a judge that it’s owned separately. You can do this by showing the date of purchase, where the funds came from to purchase the item, and how the item was kept separate during the marriage.

Don’t Forget About Your Debt

Marital debt is not excluded from property division in a divorce. If you acquired joint debt during your marriage, like a mortgage, car payment, or tax debt, you will probably have to split that between the two of you during your divorce. If you owned a credit card in only your name, and you never used it for marital purposes, like groceries, you may be solely responsible for the amount owing. Remember, while the court can assign the debt to either (or both) spouse, it can’t change the contract you have with your creditors. For example, if the judge requires your spouse to pay off a joint credit card, but your ex fails to pay the monthly payment to the creditor, the credit card company can (and will) still come after you for payment. Unless you want your credit score to be in jeopardy, you’ll need to pay it, and ask the court for reimbursement from your spouse later.

Draft a Settlement Agreement

If you and your spouse can agree on all of the terms of your property and debt division, you can create a property settlement agreement to present to the judge. Your agreement should list each asset and debt, the owner, and the value. If you want to be sure that you’re not making a bad deal, you should ask an experienced attorney to review the agreement before you sign it. In most cases, the judge will honour your agreement. However, if a party without a lawyer agrees to a property settlement that awards more than half of the property to the other spouse, the judge may want to investigate before approving it. No court wants to see a spouse walk away with an unfair distribution of property.

What If We Can’t Agree on How to Handle a Specific Asset?

If you and your spouse can’t reach an agreement on property and debt division, you can eliminate the issue by selling the asset and dividing the profits. For example, in most divorce cases, the couple will sell the marital home, subtract the mortgage debt, and split the proceeds. However, if you can’t decide what percentage of the profits each spouse should take, you may have to ask a judge to decide for you.

Dividing Property and Debt During Divorce

Very generally, here are the rules for determining what community property is and what isn’t:
• Community property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are community property debts.
• Separate property of one spouse includes gifts and inheritances given just to that spouse, personal injury awards received by that spouse, and the proceeds of a pension that vested (that is, the pensioner became legally entitled to receive it) before marriage. Property purchased with the separate funds of a spouse remains that spouse’s separate property. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered community property if the business increased in value during the marriage or both spouses worked at it. If separate property is commingled with community property during the marriage, it may become community property, either in part or entirely, depending on the circumstances.
• Property purchased with a combination of separate and community funds is part community and part separate property, so long as a spouse is able to show that some separate funds were used. Separate property mixed together with community property generally becomes community property.

Who gets to stay in the house?

If children are involved, the parent who spends the most time with the kids, or who provides their primary care, usually remains in the marital home with them. If you don’t have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave. If, however, you don’t have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but you can’t require it. If you and your spouse don’t come to a decision, the court will decide for you during divorce proceedings or earlier, if you ask for a temporary order on the issue. If your spouse changes the locks or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door and let you back in. When you both own the home, the only time you can get your spouse to leave is if your spouse has committed domestic violence and a judge grants a restraining order. Whatever you do, do not claim domestic violence has occurred just to get your spouse removed from the home. (Some people have resorted to this extreme tactic.) Once a judge realizes this has occurred, the party claiming violence may be asked to vacate the home and the judge may be biased against him or her during future negotiations. If you believe you are a victim of domestic violence, but are not sure, go to the Yellow Pages and call your local domestic violence hotline. It is common for a divorcing couples to decide about dividing their property and debts themselves (with or without the help of a neutral third party like a mediator), rather than leaving it to the judge. However, if a couple cannot agree, they can submit their property dispute to the court, which will use state law rules to divide the property. Courts divide property under one of two basic schemes: community property or equitable distribution. Debts are divided according to the same principles.

• Community property. In Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.

• Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally. In some of those states, the judge may order one party to use separate property to make the settlement fair to both spouses.
Division of property does not necessarily mean a physical division. Rather, the court may award each spouse a percentage of the total value of the property. Each spouse will get personal property, assets, and debts whose worth adds up to his or her percentage. (It is illegal for either spouse to hide assets in order to shield them from property division.) In divorce, property division can be almost as angst-provoking as deciding who gets custody of the children. And like custody issues, couples can either work it out amongst themselves and their lawyers, or take their chances with the judge. Property that is considered a product of the marriage (and, therefore, fair game to be split among divorcing couples) includes wages earned during the marriage, real property (homes and land) bought during the marriage, personal items such as furniture and cars, and even pensions accrued during the marriage. Divorce property division laws vary from state to state. It is always best to consult with an attorney. In general, however, states use one of two methods: community property and equitable distribution.

Community Property

There are nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) that consider property acquired during a marriage to be community property. In these states, marital property is split 50-50 between the divorcing couples. In community property states, “lawmakers believe property should be divided equally because they view marriage as a joint undertaking in which both spouses are presumed to contribute equally to the acquisition and preservation of property,” according to the American Bar Association, a professional organization for attorneys. Alaska actually uses a hybrid of community property. The state allows married couples to “opt in” to having a community property partnership by either a legal agreement or trust. Generally, in both community property and equitable distribution states, property acquired before the marriage and kept separately from other property obtained during the marriage is not shared in the divorce but retained by the spouse to whom it belongs.

Equitable Distribution

Nearly all the other states have property division laws that use equitable distribution as a method to divvy up the property. Equitable distribution attempts to achieve fairness, which may or may not result in a 50-50 split. “The division of property could be 50-50, 60-40, 70-30 or even all for one spouse and nothing for the other,” the ABA writes in a book about divorce.
In coming up with a solution judges will deem fair, they consider many factors, including:
• The length of the marriage
• The work history and job prospects of both spouses
• The physical and mental health of both spouses
• Expenses for the children
• Who earned the property (for example, if a business was run by one of the spouses)
In some states, such as Florida, bad behavior during the marriage can result in a smaller slice of the property pie. This is called economic fault, and it includes situations such as gambling, money spent on an extramarital affair or giving money to relatives against the wishes of the other spouse. Sometimes there is a time limit during which fault can be assigned – such as only considering bad decisions made while the marriage was breaking down. Other states can find fault at any point during the marriage.

The Nuts and Bolts of Divorce Property Division

Judges will usually approve a property division agreement if the couple figures who gets what on their own. If divorcing spouses cannot agree, they should consult with their attorney as to whether it makes any financial sense – based on the value of the property in question – to pay for an expensive trial. This is called a cost-benefit analysis. To figure out what to divide, divorcing spouses need to take an inventory of their property. It is very important to list all property and not try to hide any assets. Besides the usual places – bank accounts, real estate, jewelry – marital property can be found in pensions, IRAs, stocks and bonds, certificates of deposit, money market account and safety deposit boxes. If spouses cannot agree as to the value of various property, they should hire a professional appraiser to assist them in determining value. Once the spouses are settled on the property division, the attorneys can write up the property settlement agreement and present it to the court. If, after the agreement is entered, one of the spouses refuses to abide by it, one of several remedies – depending on state law – can help. Non-receiving spouses can file a contempt proceeding where they ask a judge to hold the other spouse in “contempt of court.” The penalties may include a jail term, usually no more than 30 days, a fine or both. In other states, an injunction is a step that comes before a finding of contempt. In an injunction, the court orders someone to perform a certain act, in this case, dividing the property instructed in the property settlement agreement.

Dividing Debts

Just like property, debts accrued during the marriage will also be split between divorcing spouses. Again, state laws will dictate how this is done. In general, though, those who will keep a financed piece of property, such as a car or house, also get the debt associated with that property.
Other variables to ponder:
• The spouse who receives more of the property is likely to get more of the debt
• Debt can be paid down by either using a tax refund or selling some property
• If one spouse makes more money, that spouse may get more of the debt
• Whether someone is paying alimony could influence the portion of the debt he or she receives
• Will an increase in rent or insurance premiums make it impossible to take on certain debts

Divorce Property Lawyer

When you need legal help from a Divorce Property Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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What Does A Private Placement Memorandum Look Like?

An offering memorandum is a legal document that states the objectives, risks, and terms of an investment involved with a private placement. This document includes items such as a company’s financial statements, management biographies, a detailed description of the business operations, and more. An offering memorandum serves to provide buyers with information on the offering and to protect the sellers from the liability associated with selling u Understanding an Offering Memorandum An offering memorandum, also known as a private placement memorandum (PPM), is used by business owners of privately held companies to attract a specific group of outside investors. For these select investors, an offering memorandum is a way for them to understand the investment vehicle. Offering memorandums are usually put together by an investment banker on behalf of the business owners. The banker uses the memorandum to conduct an auction among the specific group of investors to generate interest from qualified buyers. An offering memorandum, while used in investment finance, is essentially a thorough business plan. In practice, these documents are a formality used to meet the requirements of securities regulators since most sophisticated investors perform their extensive due diligence. Offering memorandums are similar to prospectuses but are for private placements, while prospectuses are for publicly traded issues.

Example of an Offering Memorandum

In many cases, private equity companies want to increase their level of growth without taking on debt or going public. If, for example, a manufacturing company decides to expand the number of plants it owns, it can look to an offering memorandum as a way to finance the expansion. When this happens, the business first decides how much it wants to raise and at what price per share. In this example, the company needs $1 million to fund its growth at $30 per share. The company begins by working with an investment bank or banker to draft an offering memorandum. This memorandum complies with securities laws outlined by the Securities and Exchange Commission (SEC). After compliance is met, the document is circulated among a specific number of interested parties, usually chosen by the company itself. This is in stark contrast to an initial public offering (IPO), where anyone in the public can purchase equity in the company. The offering memorandum tells the potential investors all they need to know about the company: the terms of the investment, the nature of the business, and the potential risk of the investment. The document almost always includes a subscription agreement, which constitutes a legal contract between the issuing company and the investor.

Offering Memorandum vs. Summary Prospectus

While an offering memorandum is used in a private placement, a summary prospectus is the disclosure document provided to investors by mutual fund companies before or at the time of sale to the public. This written document is an abridged version of the final prospectus that allows investors to see pertinent information regarding the fund’s investment objectives and goals, sales charges and expense ratio, focused investment strategy, and data on the fund’s management team. Relevant tax information and broker compensation are also included in the disclosure document. A summary prospectus provides investors the information they need from the final prospectus quickly and in plain English.

A private placement memorandum (PPM) is a legal document provided to prospective investors when selling stock or another security in a business. It is sometimes referred to as an offering memorandum or offering document. A PPM is used in “private” transactions when the securities are not registered under applicable federal or state law, but rather sold using one of the exemptions from registration. The PPM describes the company selling the securities, the terms of the offering, and the risks of the investment, amongst other things. The disclosures included in the PPM vary depending on which exemption from registration is being used, the target investors, and the complexity of the terms of the offering. A private placement memorandum (PPM) offers an in-depth look at a business and its operations. Companies who are raising funds from private investors will create such a document. This process is also known as a private placement. It usually involves money from investment or pension funds, banks, or insurance companies, though individual wealthy investors can also be involved. If your business is going this route, you will need to create a private placement memorandum (PPM).

How to Secure Private Placement Funds

Private placement can involve an equity or debt offering. Private placement differs from an initial public offering because the company is remaining private. To seek private placement investment, you’ll likely need a lawyer and have to present a basic business plan. Perhaps the key component of your business plan will be the PPM. It is not designed to be a marketing document. It is thorough, and it’s starkly informational. It is designed to offer everything an investor needs to know before putting money into a company. This document is also referred to as an offering memorandum. In many ways, it serves the same function for private entities as a prospectus issued by public companies serves.

There are a number of crucial things outlined in a PPM, including.
• The nature of the business. What does the company do? How does it generate revenues?
• The terms of the investment. How much money is the company looking to raise? What’s in it for the investor?
• The potential risks of the investment.
• The management team and structure.
There are no strict rules about how a PPM must be formatted, but they often look very similar because of the information required. The items in a PPM most often include the following items. However, the sequence of information varies by the company.
• Introduction or Executive Summary: A short statement about the company and its main businesses, and a brief outline of what the company is seeking in a private placement.
• Disclaimers and other Legalese: This is the mumbo jumbo many people will gloss over, but is likely required by law. This can include information for people in specific states in what is known as jurisdictional legends.
• Investor Suitability: Usually, a company is seeking capital from a certain type of investor. They may prefer to hear from only accredited investors, or investors based in the United States. The company may also require investors to have a certain level of net worth.
• Subscription Procedures: This explains and provides instructions on how someone can take advantage of the offering. This is often placed at the very end of a document.

• Summary of Offering Terms: The nuts and bolts of what the company is asking for. This usually looks like a term sheet and should include details about the overall capitalization of the company both before and after the injection of new capital. It will include the number of shares being sold, the price, and the total expected proceeds. Here’s also where the company should explain what investors may receive in terms of voting rights, as well as their rights if the company were to be liquidated.

• Business and Management Section: A more detailed explanation of what the company does and how it earns its revenues. This should also include biographical information about each owner and member of the management team.

• Financial Information: From a potential investor’s point of view, this may be the most crucial section. It’s time to provide detailed information on the company’s revenues, expenses, profits, and liabilities. All of the hardcore numbers that any investor wants should be included, and this section should have past financial data and future projections. Skimp on this section and you are likely to see investors bow out.

• Use of the Investment: This outlines in details why the company needs the money, and what would happen to the company without this injection of capital. This section shows in nitty-gritty detail how the money will be spent. When possible, there will even be an itemized tabled showing how funds will be allocated. This section also includes the compensation owners and executives will receive.

• The Risks: This section is often the largest part of the PPM, as the company must outline anything negative that might impact the ultimate return on the investment.

The PPM is important because it provides the investor with all of the prescribed data they will need to make an investment decision and includes the actual documentation to effect the investment transaction. PPMs are designed as a stand-alone document – meaning that there need not be other information presented to the investor for them to make an accurate investment decision. Private Placements or Private Stock Offerings are “private” equity/debt transactions and are considerably less expensive to complete than an initial public offering such as an IPO (for the purpose of raising capital). A private placement memorandum (PPM), also commonly known as an offering memorandum or offering document, is a vitally important legal document that discloses the objectives, risks and terms of a proposed investment in your company. Your PPM will be distributed to potential investors whenever your company sells stock or another type of security in a private placement.

Your PPM will provide important facts and figures about your company and its business that are useful to potential investors, including:
• Your company’s industry;
• Descriptions of the products you sell and/or services you provide;
• Product and economic projections;
• Company financial statements;
• Management biographies;
• The terms of the offering and the planned uses for the money raised through the offering;
• The risks associated with the proposed investment.

A PPM is normally created by the Company’s investment bankers, lawyers, accountants and other professionals on behalf of a business owner. Unlike a prospectus, which is produced when stock or other securities are registered under federal securities laws and become available for purchase by anyone, a PPM is not normally made available to the public. Instead, you will distribute your PPM to a limited number of pre-screened investors to solicit offers to purchase stock or other securities, as described in the PPM. Your PPM will normally be distributed along with the Subscription Agreement and Investor Questionnaire that your investors will sign if they agree to the terms of your offering.

Why is a Private Placement Memorandum important?

Securities laws prohibit a company (“issuer”) from making false or misleading statements to investors when selling its securities, regardless of whether or not public registration of the offering is required. Specifically, Rule 10b-5 of the Federal Securities Exchange Act of 1934 requires that any information provided to investors “must be true and may not omit any material facts necessary to prevent the statements made from being misleading.” A properly-written PPM ensures your company’s compliance with these anti-fraud laws by fully informing prospective investors about your company and the offered investment. Potential investors receiving your PPM will learn about your business and management team, as well as your company’s prior performance, future prospects, the terms of the offered security, the planned use of the funds to be raised, and the risks of the investment. A well written and detailed PPM, thus, protects your company and its management from liability. PPMs typically follow a standard format, and sophisticated investors expect them to be carefully drafted, contain accurate and current information about the company, and provide a balanced, objective description of the potential benefits and risks of the investment.

What does a Private Placement Memorandum include?

Information provided using a standard PPM format will typically include:
• A summary of the offering.
• Information related to the capitalization of the company, both prior to and after the proposed investment is made, as well as language concerning other capitalization-related issues, such as liquidation preferences, conversion rights, anti-dilution provisions, voting rights, and more.
• Risk factors that may impact the investor’s investment, including both general risks (those that are found with similar investments) and risks unique the issuer and its securities.
• Relevant company facts, including company history and historical performance, product and services descriptions, company goals, advertising and marketing strategies, company suppliers and customers, and other related information.
• General industry and competition information.
• Management team information, including the business backgrounds, special skills, fiduciary duties, and other relevant biographical information for each team member.
• An item-by-item list with descriptions of how the company intends to distribute and use the moneys received through the private placement.
• A detailed description (not an estimation) of any and all compensation to be taken by the founders or any other related parties from the proceeds of the private placement. Forms of compensation include salaries, consultant fees, asset sales and purchases, and any other forms of direct or indirect compensation. Compensation information must also be disclosed in your SEC Form D filing, which is accessible to the public at large.
• Summary of terms relevant to the offering, including rights, restrictions, price, minimum subscription amounts, applicable management fees, withdrawals, investor qualification standards, and others. This summary should be prepared by your attorney at the end of the PPM process to allow for inclusion of all cited terms.
• A detailed description of the securities offered (class, attributes, etc.,) including language regarding the ability of the company to change its capitalization through different classes of shares and distribution of dividends.
• Instructions for investing in the offering.
• Supplemental information and documents that may influence a potential investor’s decision to invest, including copies of investment contracts, financial statements, and organizational documents, such as operating and shareholders agreements, contracts, licenses, etc.
Reasons to consider using a Private Placement Memorandum
• A well-prepared PPM will mitigate risks from potential liability and litigation if your investors lose money on their investments.
• Similarly, a PPM can protect your company from liability for possible violations of the federal and state securities laws.
• Some of your potential investors are not accredited investors.

Reasons to not use a Private Placement Memorandum

Not all offerings require the use of a PPM. Here are a few examples of situations where a PPM is not necessary:

• When the cost associated with paying professional fees to lawyers, investment bankers and accountants to ensure legal compliance is prohibitive. For example, PPMs usually include audited financials of the issuer.

• When your company is in its very early stages and your potential investors are limited to (1) friends and family or (2) angel investors who are sophisticated enough to conduct their own due diligence and negotiate their own investment deal.

• When all of your potential investors are accredited investors. Keep in mind, however, that although securities laws technically do not require a PPM with accredited investors, not using a PPM presents risks. Use of a PPM will likely reduce your liability exposure.

A company can be more selective about who buys its shares if it sells them in a private placement. Shares sold in an initial public offering or IPO, are offered to the general public and tend to attract more attention. However, private placement allows a company to raise money without going public and having to disclose financial information. A company can remain private while still gathering shareholder investments.

Securities Lawyer

When you need legal help with a PPM in Utah, please call the Securities Lawyers at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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Documented Workers For Hotels

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Documented Workers For Hotels

Hotel employees serve myriad purposes. Their functions include physical and abstract roles. Considerations when calculating the value of a hotel employee include the overall aim of a hotel as a business, actual role of the employee in question and nature of the hospitality industry. Employees prove particularly important to small, independently owned hotels with limited budgets, locations and client bases.

Basic Function

As with any business, hotel employees serve the basic function of ensuring the business runs smoothly. From part-time front desk employees, laundry room attendants, vendors and porters to the upper echelons of the management structure, each employee serves some role in the continual and perpetual operation of a hotel. Employees generate capital by ensuring the possibility of constant business. Like other businesses, each department or aspect of a hotel depends on many others in doing its job. A breakdown in function of any of these areas disrupts the flow of operations and causes a ripple effect that inhibits the organization’s ability to optimize its business.

Job-Specific Functions

Each employee of a hotel performs a function specifically related to the job that individual holds. For instance, a porter transports luggage of hotel guests from the front entrance or lobby to a room and back in a timely manner. A manager makes and implements decisions for the improvement of the business, while someone in human resources supplies adequate employee coverage within an organization’s budget. In a small hotel, one employee often serves multiple functions. Such organizations may employ one person to run the front desk, serve as porter and handle room service, while employing another person to clean rooms and common spaces and do all the laundry.

Hospitality Function

Hotels make up an important part of the hospitality and tourism industry. As such, the actual function of a hotel lies not only in providing a place for people to stay but creating an enjoyable experience for guests and seeing to all their wants and needs. This proves especially true for hotels in high-volume destination areas such as Cancun, New York, London, Paris and Tokyo. Employees try to provide the optimal experience to every guest. Positive experiences increase the likelihood of repeat business

The Importance of Employee Function on Small Hotels

Employees serve an essential function to hotels operated as small businesses, particularly when these hotels find themselves in competition with large chains in tourist-heavy areas. Unlike a large hotel or chain, or those with large operating budgets, small hotels often depend completely on customer satisfaction for longevity. While a chain or large institute can absorb potential losses incurred by bad word-of-mouth reviews or publicity, a small hotel may require word-of-mouth reviews to attract new customers. Employees who fail in their function of hospitality may prevent good word-of-mouth reviews and press, thus causing a business to fail. Further, a hotel with a limited number of employees depends exponentially more on each individual than a hotel with thousands of employees. Thus, the failure of one employee in a job-specific or overall function places strain on the business.

Things Every Hotel Manager Should Do to Ensure Information Security
Every traveler has different needs when searching for a hotel, but there is one factor that seems to be a unanimous requirement — data security. The growing concern over data security has become a deciding factor for consumers when choosing a hotel, with 77% of Americans saying that data protection is important to them when deciding which hotel to book. However, despite the growing concern over security when traveling, one in three hospitality businesses admit to having never trained their staff on information security policies, or do not even have information security policies in place. To ensure information security for guests and to mitigate the risk of a data breach within your hotel, there are important aspects hotel managers need to consider.

Your employees are your information security guards – train them as such
The hospitality industry is known for its high employee turnover – a rate of 73.8 percent according to the U.S. Bureau of Labor statistics – and this can hinder the ability of a solid front-line defense. In order to establish a culture of information security, hotel managers should offer ongoing training opportunities for employees at all levels of the business, from housekeeping to management to operations. Conducting regular training, especially for new employees, is a great way to ensure that new hires are immediately aware of your hotel’s security standards. Hosting seasonal informational sessions will also serve as an opportunity for long-term employees to refresh their knowledge of how to handle the sensitive information they interact with regularly, especially ahead of busy travel seasons like the summertime and holidays. In addition to training employees on how to handle work documents and devices, they should also be taught what to do when handling information left behind by guests. From boarding passes to credit card receipts, guests frequently leave physical information behind without knowing the associated security risks. Employees should understand what type of guest information, if left improperly stored or disposed of, can lead to a breach. An additional security risk hotels often neglect to consider when training staff is their association with external vendors, including airlines, car rental companies, restaurants and retail organizations. Hotels are constantly exchanging information with external organizations, which become access points to sensitive guest and hotel information. It’s important to make sure employees are vetting all third-party partners and ensuring that they have similar standards when it comes to data security. For example, hotels are increasingly demanding that third party partners become Payment Card Industry (PCI) compliant – the PCI Security Standards Council fights hotel credit card fraud by maintaining global payment card industry standards. Before sharing any sensitive information or partnering with an external organization, this is just one element to check for.

Think twice before tossing

As daily functions and procedures continue to digitize, physical data security is slowly becoming an afterthought, with 32 percent of hospitality businesses admitting they have no known policy for storing and disposing of confidential paper documents. This is despite the fact that as Europay, MasterCard, Visa (EMV) smart payment chip card processes are increasingly adopted, attackers are targeting hotel reception desks where the concierge will often write down phoned-in reservation information. Not only that, dumpster thieves have long always been able to obtain sensitive information from garbage that has been inappropriately thrown away instead of shredded. Implementing a document management process is a great way to create standard protocol for handling physical data, including how to securely organize documents for storage, retrieval and record-keeping. Additionally, the document management process determines a standard lifespan for physical documents, helping employees efficiently identify which documents should be stored and which need to be securely discarded. Materials that need to be filed should be stored and locked in secure filing cabinets, while all other items should be properly shredded before being discarded.

Noncompliance could mean legal consequences

Hotels are considered financial institutions when they are collecting and storing customer’s financial information, which means that they have a responsibility to their customers to follow legislative guidelines to protect against unauthorized access to the personal information of their guests. There are a range of rules and regulations that hotels need to be mindful of, including General Data Protection Regulation (GDPR) for those with international guests. It’s helpful to create a security policy handbook that can be used as a reference for employees. In addition to GDPR, the Gramm-Leach Bliley Act, Sarbanes-Oxley Act, Health Insurance Portability and Accountability Act (HIPAA) are just a few privacy laws that apply in this sector, and the employee handbook could serve as a useful resource to house this information. At the end of the day, widespread damage can make or break a business, especially in the hospitality industry when consumers have limitless options to choose from. Hotels must be proactive in addressing the growing consumer concern over data security and privacy, as their livelihood depends on it.

The hospitality industry consists of hotels, resorts, private clubs, restaurants and other travel amenities. A lawyer that specializes in hospitality provides advice and legal representation to those in the hospitality industry. Owners, operators, and developers in the hospitality industry use hospitality lawyers from time to time to discuss things such as licensing, branding, resolving disputes, financing, operating and planning. There are many reasons to use a hospitality lawyer and most of them are well-versed in all areas of hospitality law.

Benefits of Using a Hospitality Lawyer

Many issues can arise in the hospitality industry, but hospitality lawyers also help with planning and more. The right hospitality lawyer will focus on offering safety and security solutions when needed, assist in travel and tourism issues along with mitigation incidents and injuries when they occur. When changes occur in the company, for example, if a hotel is going to merge with another hotel, a hospitality lawyer will offer education and advice at the beginning of the process all the way through to the end.

Understanding Contracts

Of course, contracts are going to pop up from time to time. A hospitality lawyer will walk you through all of the legal contracts that come your way. Most contracts are full of jargon that can be difficult to understand. The expertise of a lawyer who knows all about contracts and the hospitality industry will ensure that all contracts contain the proper information and that all parties involved are on the same page. A hospitality lawyer will also be extremely helpful during contract negotiations.

Assist with Licensing

Many businesses that look to expand or make additions to their company will require extra licensing. This isn’t always a simple task. A hospitality lawyer will walk you through the entire process to ensure that everything is in order for a smooth and successful process. As a hotel owner or restaurant manager, you might not be aware of all the things that are required for licensing. This is where a lawyer will help to make sure you have all of your ducks in a row.

Advice with Human Resources and Employment Issues

The hospitality industry is responsible for a number of jobs. This makes employment and human resource issues a big deal when they arise, often requiring the best solutions. A hospitality lawyer will be able to offer you these solutions and will also give you the advice you need before any issues arise. The goal is to prevent any of these issues from occurring and a hospitality lawyer will help you with this. A hospitality lawyer can also assist during liability cases. With the hospitality industry being so vast, there is more room for accidents and injuries to occur. If something does happen on your property, a hospitality lawyer will assist you during the legal claim to prevent the issue from escalating.

Finances and Bankruptcy

One of the most important reasons to use a hospitality lawyer is for financial advice. More than likely, you will have an accountant and finance team to help with the numbers, but a lawyer will help with the legal side of financial issues such as bankruptcy. From land development to investor relations, if there is money and legal aspects involved, a hospitality lawyer will understand and know how to help you through these transitions.

Does My Employer Have to Pay Me Even If I’m Illegal?

Undocumented workers, however, will not be able to recover back pay for time not actually worked or be reinstated to jobs if they sue for discrimination, unfair labor practices, or under other employment laws. While employers still can’t discriminate based on race, age, sex, etc. the remedies undocumented workers can receive under many employment laws are limited. Even though undocumented workers have legal rights, filing suit or complaining to the Department of Labor can be risky. There have been reported cases of undocumented workers who stood up to thieving employers only to face deportation. Employers who use this strategy put themselves at risk. Homeland Security is cracking down on employers who hire undocumented workers. Employers who break the law face sanctions including jail time. You might point this out to an employer who tries to blackmail you out of your pay.

As an undocumented worker, what are my rights under wage and hour laws?
Undocumented workers generally have the same wage and hour rights as other workers. Thus, the same Federal and hour laws that apply to authorized workers generally apply to persons working without legal immigration status. These laws establish your right to minimum wage, overtime pay, breaks, tips, and other forms of wages. For example, an employer cannot refuse to pay you by saying that you should not have been working in the first place because you have no “papers.” (However, if you have been fired because you have a wage complaint, it’s less clear whether you can recover the income you lost due to being fired.)

• Filing a Wage Claim: If you choose to file a wage claim, you can either file or sue your employer in court. You can also contact the U.S. Department of Labor (DOL). Neither of these agencies should question you about your immigration status, nor report your lack of status if it is somehow revealed.

As an undocumented worker, can I receive workers’ compensation benefits?
Yes. All workers who are injured on the job, including undocumented workers, are eligible for workers’ compensation benefits in Utah to cover the cost of medical treatment and, in some cases, lost wages. However, undocumented employees may not be eligible for some job retraining benefits. In addition, if you have been fired because you have a workers’ compensation claim, it’s less clear whether you can recover the income you lost due to being fired.

• Filing a Workers’ Compensation Claim: If you choose to file a workers’ compensation claim, you should contact the employer to get and file a claim form. If your employer refuses to give you a claim form, then you should contact the state Workers’ Compensation Appeals Board (WCAB). If your claim is approved, you may be entitled to reasonable medical expenses, disability benefits, and rehabilitation benefits.

Hotel Lawyer

When you need a Hotel Lawyer, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Contract Law

Contract law is the body of law that relates to making and enforcing agreements. A contract is an agreement that a party can turn to a court to enforce. Contract law is the area of law that governs making contracts, carrying them out and fashioning a fair remedy when there’s a breach. Anyone who conducts business uses contract law. Both companies and consumers use contracts when they buy and sell goods, when they license products or activities, for employment agreements, for insurance agreements and more. Contracts make these transactions happen smoothly and without any misunderstandings. They allow parties to conduct their affairs confidently. Contracts help make sure that the parties to a transaction are clear on its terms.

How Do You Form A Contract?

A valid contract has four parts:
• Offer: First, one party must make an offer. They must state the terms that they want the other party to agree to. If the other side agrees to the terms of the offer, the other side may accept it, and the contract is complete.
• Acceptance: Accepting another party’s offer makes a contract complete. The party that accepts the offer must accept it on the same terms as the terms of the original offer. They must make sure that the other side knows they accept it. If they propose different terms, there’s no contract. Instead, their terms are a counteroffer. It’s then up to the first party to accept the counteroffer or propose another counteroffer.
• Consideration: A valid contract requires each party to give something up. That’s called consideration. For example, in the case of an employment contract, one party agrees to give up money, and the other party agrees to give up labor. A contract is a two-way street with each party giving up something to get something else that they want.
• Mutual intent to enter into an agreement: To have a valid contract, both parties must intend to be bound by the contract. If a document says that it’s only a statement of intent, the parties may not have a mutual agreement to enter into a contract. Informal agreements between friends often fall into this category. Typically a promise or an offer of a reward in exchange for certain behavior creates an enforceable contract with the person who undertakes the activity. For example, if someone offers a reward for information that leads to an arrest for a crime, the person who provides the information can seek enforcement of the reward. On the other hand, an advertisement is not a contract without an additional, personalized invitation from the seller for the buyer to buy the good. A contract can be implied. For example, a person who seeks medical treatment has an implied contract with the doctor who treats them to pay a reasonable charge for services. Likewise, a person who orders dinner at a restaurant has an implied contract to pay for the meal that they order.

How Do The Courts Interpret A Contract?

To interpret a contract, a court looks at the clear language of the contract from the viewpoint of an objective and reasonable person. If the contract isn’t clear, the court may consider outside evidence including outside statements and the behavior of the parties. It’s best to put a contract in writing, and the statute of frauds may even invalidate some contracts.

Choice Of Law And Jurisdiction

When lawyers create contracts and handle contract disputes, they should be aware of choice of law and jurisdiction issues. Choice of law means the state law that the court uses to interpret the contract. Because most contract law is state law, choosing to litigate a contract dispute with the laws of one state over another can completely change the outcome of the case. Lawyers should carefully consider whether to incorporate a choice of law provision into the contract at the time of drafting. They should also be careful when they choose a jurisdiction to bring a contract dispute. Because the rules vary in each state, these considerations can have a large impact on the outcome of a case.

What Is A Breach Of Contract?

When there’s a disagreement about the terms of a contract or when there’s a breach of contract, the parties might involve a court to resolve the dispute. The party seeking damages must prove that a valid contract exists. They must also convince the court that there’s an appropriate remedy.

What Are The Remedies Available For Breach Of Contract?

There are several remedies that a party might ask a court to impose for a breach of contract. The most common is compensatory damages. These are the real, financial losses that a party has because of the breach of contract. If the parties agree in advance about damages if a breach occurs, that’s called liquidated damages. When a breach occurs without any real damages, the aggrieved party can still get a small amount of damages. That’s called nominal damages. In some cases, a party acts very poorly and inexcusably to breach a contract. When that happens, the court may award extra damages called punitive damages. However, this is rare. It’s also rare for a court to order the parties to perform the contract. That might happen in a case where compensatory damages are inadequate like in a contract of sale for a rare item.

Emerging Issues In Contract Law

Contract law grows and changes just like any other body of law. In recent years, the validity of electronic signatures on a contract has become a relevant and disputed issue in contract law. The practice of contract law includes identifying emerging issues and advocating for changes and extensions of law in order to allow the client to conduct business in a convenient and favorable way.

Who Practices Contract Law?

Lawyers throughout the United States practice contract law. A lawyer might specialize in contract law in private practice, or they might work for a corporation as in-house counsel. Contract lawyers work as solo practitioners, and they work at the largest law firms in the country. They might handle contract law exclusively, or they might handle contracts as part of a diverse practice. Even general practice attorneys who primarily handle unrelated matters are usually called on by a client to look at a contract matter at least a few times in their career. At Ascent Law, we have lawyers who regularly practice in Contract Law and would love to speak with you about your specific situation or your specific case.

Lawyers Create Contracts

To practice contract law, lawyers should know how to draft and evaluate contracts. They should know the state law that applies to contracts. They should be aware of issues like choice of law, jurisdiction for enforcement and mandatory arbitration clauses. Practicing contract law means knowing how to draft a contract that’s enforceable and that also has terms that are acceptable and valuable to the client.

Lawyers Handle Contract Disputes

When a contract dispute arises, lawyers work to help their client resolve the matter and advocate for the best possible result. Sometimes that means writing demand letters and contacting the other party in order to work towards a resolution. In other cases, it means litigating the matter in court. Some contract disputes rely on arbitration and mediation. Lawyers who practice contract law might do some or all of these tasks on behalf of their clients.

In a contract, words have meaning. Each word is important and even critical. For lawyers who like writing and enjoy the details, contract law is a good choice. When disputes happen, lawyers who enjoy litigation and conflict resolution can help deserving clients navigate these disagreements. Contract lawyers help people and companies conduct business. It’s important work. The work is often ongoing or repeat, so whether you work for yourself, a law firm or as in-house counsel, a focus on contract law is often the cornerstone of a sound career in the law.

How a Contract Works

Once the offer, acceptance and consideration have been determined, the contract describes in detail all the parts. A contract answers the who, what, how, where, how and when of the agreement. It is important that the terms of the agreements be clearly stated. The terms of the contract–the obligations, expectations, and responsibilities of all the parties–must be detailed and without ambiguity. Once all the parties have read and understood the contract, the parties sign and date the contract. The contract is legally binding which means that once signed all parties are legally obligated to do what they have agreed to. Contracts are legally enforceable as well. Breach of contract is when one party does not do what the party agreed to do in the contract. The other party then has the right to go to court to ask the judge to compel or force that party to follow the terms of the contact. This is how a contract is enforceable. Oral contract are much harder to enforce because there is no evidence, such as a written agreement, to show what the parties agreed to or what the consideration was.

Additional Information About Contracts

Not everyone can sign a contract. There are state laws which decide how old a person can be before she can sign a contract. In many cases a person must be over 18 years old, but 16 years of age is also possible. In other situations a parent must co-sign a contract if a child is a minor. Another requirement is that all parties signing a contract must be competent and sane. While this requirement is open to interpretation, people are expected to have the intellectual capacity to understand what they are signing. Contracts are also not binding if fraud is involved or if one of the parties misrepresents himself. An extreme example is selling a house that you don’t own or don’t have the legal right to sell. If such factors of a contract are uncovered, the contract is void and is unenforceable. Contracts can be one or several hundred pages long. No matter the length, it is your responsibility to understand what you are signing. Having an attorney look over any contract is always a good idea.

Express Contract

You’ll likely be a party to contracts in your everyday routine. Everything from eating at a restaurant to buying a home includes some form of a contract. The following are some of the most common contracts that are used. An express contract is the most common contract type. In this type of contract, all elements are specifically stated. This can be written or done orally. Either way, offer, acceptance and consideration must bind the parties together legally. And both parties must clearly understand the terms and conditions each is agreeing to. An oral contract works the same way. In an oral contract, like negotiating the price of a new car, the parties agree on a set price, a monthly payment schedule if applicable and any warranties or guaranties included in the offer. Once acceptance is made and consideration is exchanged, the contract for the vehicle is binding and enforceable. As long as both parties uphold their promise, the car cannot be returned at a later date, nor can the salesman request the car back from the new owner.

Implied In-Fact Contract

Not every contract is as transparent as an expressed contract. An implied in-fact contract binds parties together through a mutual agreement and intent, but there are no expressed terms of the agreement. The agreement holds mutual intention based on facts and circumstances and a reasonable assumption from the circumstances and relations between the parties. For an implied in-fact contract to be enforceable, there are a few elements that must be present:
• An unambiguous offer and acceptance
• Mutuality of both parties to be bound to the contract
• Consideration

What Are The Legal Rules As To a Valid Contract?

A valid contract is an agreement which is binding, certain and enforceable by law. A valid contract has several essentials like offer, acceptance, lawful object, lawful consideration etc.

The legal rules regarding valid contracts are as follows:-
• Offer and Acceptance – There must be valid offer followed by its valid acceptance. For an agreement there must be a lawful offer by one party followed by lawful acceptance of that offer by another party. The term lawful refers that both the offer and acceptance must satisfy the specific requirements.

• Intention to create legal relationship – The parties to an agreement must have intention to create legal relationship. Agreements of a social or domestic nature do not create legal relations and as such cannot give rise to a contract like A promises his friend B to go along with him to an exhibition but later refuses. Here there was no intention to create legal obligation so this is not a valid contract. In case of commercial agreements it is presumed that parties intend to create legal relations.

• Lawful Consent – It is another essential for a valid contract. Consent means that the parties must have agreed upon the same thing in the same sense i.e. meeting of minds of the parties. For a valid contract it is necessary that the consent acquired must be free. For e.g. if A compels B to enter into a contract at gunpoint then it is not a valid contract as the consent of B is not free.

• Lawful Object – It is also necessary that agreement should have a lawful object. The object for which the agreement has been entered into must not be fraudulent, illegal, immoral, or opposed to public policy. Every agreement of which the object or consideration is unlawful is illegal and the therefore void. This agreement is illegal as its object is unlawful.

• Certainty – “Agreements the meaning of which are not certain or capable of being made certain are void.” i.e. a contract must have specific and certain provisions.

• Lawful Consideration – Consideration is “something in return.” It is some benefit to the party. An agreement is enforceable only when both the parties get something and give something. The something given or obtained is the price of the promise and is called consideration. Consideration for one party may be paid by someone else.

• Parties must be competent to contract – An agreement is enforceable only if its parties possess contractual capacity i.e. they are neither minor, nor of unsound mind etc. It means that the parties to an agreement must be competent to contract. According to Section 11, in order to be competent to contract the parties must be of the age of majority and of sound mind and must not be disqualified from contracting by any law to which they are subject.

• Legal Formalities – According to Contract Act, a contract may be oral or in writing. But in certain cases it is necessary to complete certain formalities in certain contacts such as some contracts require registration, written document etc. Agreement must not be expressly void by law – An agreement must not be one of those, which have been expressly declared to be void by statute.

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