They say you need three professionals in your life: a doctor, an accountant, and a lawyer. Just like doctors who specialize in a given field of medicine, lawyers are often experts of specific subject matters or industries. Among these highly specialized lawyers are transactional lawyers. What is a transactional lawyer and how do you know if you need one?
Transactional lawyers are fully registered lawyers that concentrate on providing legal services for the business sector. Focusing on business law, transactional lawyers are experts in the drafting, execution, and administration of valuable business documents such as real estate deeds, employment contracts, merger agreements, and documents for intellectual property and trademarks transfer.
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She must have an understanding of the commercial context in which the client moves, as well as the business' commercial goals. This ensures that any transaction follows the boundaries of the law and can stand from a commercial point-of-view.
For example, the client is an emerging singer who wishes to protect himself from getting his tracks shared in free music sites and streaming services. A transactional lawyer can review and negotiate the terms offered by the music site and see how this can be advantageous (or not) to the musician. She can then negotiate or set up a deal, brokering the relations between the singer and the web site.
Another example is a merger by two businesses. A transactional lawyer can assist in the drafting of contracts, agreements, articles and bylaws of this transaction so both parties benefit from the merger and avoid potential legal
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In the event that a client is sued or wishes to sue another party, then the transactional lawyer can also represent the business in the court of law. However, having a transactional lawyer means the likelihood of this happening is not very high, since the attorney would actively work outside the courtroom to make sure these types of conflict do not occur.
Does Your Business Need a Transactional Lawyer?
Businesses, both large and small- to medium-sized, need transactional lawyers who can provide support in all business transactions that involve revisions, acquisitions, and other amendments. A transactional lawyer can review everything before it is submitted to the other party and the local jurisdiction that will approve and enforce the transaction.
A transactional lawyer will make sure that the documents that were drafted by your company precisely and accurately communicate your goals and intentions. The wording of the document will meet the standards set by the law and will be acceptable to industry parlance. The transactional lawyer can be in-house, or she can be engaged on a project basis, such as those who are present during the planning stages of the
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
»Counsel Contention: Counsel for the respondent argued that the result of the breath tests should not be relied upon since the prior breath tests were not successful due to interference detected and the machine was not working properly. In addition, Deputy Ranes opened the door and used the fan to ventilate the room. Moreover, deputy did not observe Respondent for 15 minutes since she left the room.
The Guardian Ad Litem Program represents children who appear in the state courts. These children have not committed any crime but are victims of abuse, neglect or abandonment. The program is comprised of volunteers who represent children in the courts, making sure they do not become victims of "the system". Each volunteer works with one or more children involved in the judicial system and social services agencies, becoming familiar with there lives, while representing the interest of each child before the court or social services agencies involved. Specifically, a volunteer acts in the interest of each child in five different capacities. First, as an investigator, a guardian learns as much as possible about the child' background (i.e. school, church, friends, and any otherpeople/organizations that affect the child). As a monitor, a guardian makes sure social services agencies, and any other organizations involved with the child are meeting their responsibilities to the child. As a protector, a guardian prevents insensitive questioning in the courts that is very often commonplace. As a reporter, a guardian is a liaison between the child and the courts, presentingwritten reports and recommendations to help act in the child's best interests. Finally, as a spokesperson, a guardian makes sure the child's wishes are heard and their best interests are presented to the courts and social services agencies involved with the child. Qualifications to be a Guardian Ad Litem are: at least 19 years old; pass screenings with law enforcement agencies, the Abuse Registry, and Guardian Ad Litem staff; and have a genuine concern for a child's welfare. No prior experience is necessary as each volunteer goes through 48 hours of training, ranging from juvenile justice, child development, and child abuse and neglect.
Paralegals are continuing to assume new responsibilities in legal offices and perform many of the same duties as attorneys. Through formal education, training and experience, paralegals have knowledge and expertise regarding the legal system and law procedures, which qualify them to work under the supervision of an attorney. Along with preparing legal documents, contracts and other legal materials, a paralegal can also interview witnesses, and conducting legal research. The most important task a paralegal may have is helping an attorney prepare for hearings, trials, and meetings. Although a paralegal is trained to perform the same tasks as attorneys, they are explicitly prohibited from carrying out duties considered to be within the scope of the practice of law, such as setting legal fees, giving legal advice, submitting signed documents to court, and presenting cases in court. Paralegals are an essential part of today’s legal practice; furthermore, a competent paralegal can improve a law office’s profitability and the delivery of legal services. With these new responsibilities comes a higher level of demand and respect. In turn...
A paralegal must have good investigation skills that include interviewing, legal research and discovery management. These three skills are necessary for a paralegal to be successful in their career. When a paralegal utilizes these three skills they will prove to be valuable to their employer and the clients they are helping to represent.
Bartleby the Scrivener, by Herman Melville is a novella about a nameless lawyer who has in his employ a scrivener named Bartleby. Bartleby, throughout the novella, has different periods of work. In the beginning, he does his scrivening without reprimand or without hesitation, but as the novella progresses his attitude toward work changes drastically. Mordecai Marcus’ critical essay on the novella makes some good points, such that Bartleby is a psychological double for the lawyer, he represents a subliminal death drive within himself, and the conflict between absolutism and free will. All three of these points are attributed to Bartleby because he represents each respectively.
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
Walter K. Olson an author, and blogger who writes predominantly about legal subjects wrote "The Litigation Explosion” which is connected to how lawsuits in America started to become seen as a new fashion or a new trend. Olson stated that “people tend to fight harder when inflamed by dreams of riches or fears of ruin” (224). Litigation has increased and for decades the United States has commemorated an increase of the litigious, but because of an experiment the litigious culture became more extreme during the 1960s and 1970s. As the climate in law school attends increased, thus shaped the litigious culture in America as law schools admired and supported litigation. Accordingly, “The Litigation Explosion” stated that America's litigious culture was starting to become a disaster as if it's another “Big Bang.” The increase of litigation in the United States has many advantages and disadvantages and the reasons for the increase may be harmful or not to the American society.
A tortfeasor, according to law, refers to an entity or individual who commits a civil wrong, or tort, for which the law allows the injured party to seek relief.
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as
Since the procurement manager is responsible for executing contracts for most companies, the Agent should support the project manager in making sure the technical aspects, schedule, scope, and risk are captured completely in the SOW. In closing, this paper examines the legal aspects of procurement management, along with how procurement management can be an effective tool for managing projects. This paper focused on the basics of common contract laws, the basics of agency law, the Uniform Commercial Code (UCC), and some aspects that pertain to the Federal Acquisition Regulations (FAR). The company’s position on deciding not to procure all of the material in a contract was examined, along with how that position can be strengthened by understanding the legal aspects of procurement management. Finally, the paper analyzed how the project manager is supported by the contract management function.
Your local bar association or your court will likely know about these services and can give you more information. Dispute resolution programs Many countries have communities that have "dispute resolution" programs. These programs can try to help "mediate" or work out problems instead of going to court, so you may not need a lawyer. Find more information on resolving your dispute out of court.