Tara Burd

Tara Burd San Diego Civil Litigation Attorney | San Francisco Lyft Drivers Class Action Settlement

See My Who IsTara Burd San Diego Civil litigation attorney says  “Lyft and Uber, two popular start-up ride-hailing services, have recently faced proposed class-action lawsuits from their drivers in San Francisco. Both cases are spurred by drivers’ demands for reclassification as employees, rather than their current state as independent contractors.”

As contractors, drivers have to pay for gas and vehicle maintenance costs themselves. As employees, San Francisco drivers would be entitled to reimbursement for these expenses from their respective companies. There are many other start-ups relying on large networks of individuals to provide services such as clean houses or rides. These lawsuits could threaten the valuations of these related companies with similar contractor business models, explaining why the cases have been widely and publicly followed.

In the case of Lyft, a settlement was filed on Tuesday evening, and is currently waiting on approval by U.S. District Judge Vince Chabria. The hearing will be in San Francisco on February 18. The Lyft settlement involves giving drivers more workplace protection and benefits, without reclassifying them as employees. It proposes for Lyft to pay $12.25 million, and to only be able to deactivate drivers for specific reasons – such as low passenger ratings – and to give those drivers the opportunity to address those issues before deactivation. Lyft will also agree to pay the arbitration expenses of drivers who wish to challenge their deactivation, or to dispute their compensation rates.

Reuters notes that while the Lyft drivers did not earn the reclassification as employees that they desired, the benefits are still significant, and less complicated and costly to Lyft than reclassification would have been. Meanwhile, Uber, which has been the target of far more legal complaints from drivers, did not get away with a settlement. Instead, it is now the subject of a December 2015-certified class-action lawsuit, scheduled for a June 2016 trial in San Francisco. It will then be decided whether Uber drivers are independent contractors or employees. In addition to lack of gas and vehicle maintenance expense reimbursements, the Uber class-action suit contests Uber’s practice of telling passengers that gratuity is included and not to tip the drivers, while drivers never receive any gratuity. A December 2015 decision extended the class to encompass all California Uber drivers who have directly contracted with Uber since 2009, whereas a previous class certification order excluded drivers who joined Uber in June 2014 or afterwards. The December 2015 decision ruled this previous class certification illegal, and therefore unenforceable.

For more information visit Tara Burd’s Who Is Page here in the Journal

San Diego Civil Litigation Attorney Tara Burd
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

San Diego Professional Journal
2830 Keats St., Suite F San DiegoCA92106 USA 
 • 619-870-0097
Tara Burd

Tara Burd San Diego Civil Litigation Attorney | A Basic Understanding of Step 1 to Filing a Lawsuit

See My Who IsTara Burd San Diego Civil Litigation Attorney said, “When a person is harmed, often the only sensible means by which he or she can be made whole is to initiate legal proceedings against the wrongdoer.”

Under most circumstances, legal proceedings begin once official documents are filed with the Court.  San Diego Litigation Attorney Tara Burd clarifies, “It’s not always obvious in which court to bring an action. Some claims are better suited for small claims court. For other claims, a plaintiff may need to decide whether to file in Federal Court or if Federal Court even has jurisdiction over their claims below.

The first document that must be filed is known as the complaint. The complaint sets out the plaintiff’s assertions, names liable parties as defendants, and lays out the factual and legal bases for the plaintiff’s claim. Drafting the complaint must be done carefully, as it sets the tone for the legal proceedings to come and is often the sole means by which the court determines whether there is any merit to the plaintiff’s case. In California courts, we have what is known as “fact pleading.” Fact pleading, in contrast to notice pleading in federal courts, requires that you allege specific facts for each element of every cause of action in your complaint. That means that in a complaint alleging negligence, you cannot merely state “Person X was driving the car that hit my car and caused me to incur medical bills.” You must clearly allege facts concerning the other driver’s duty, the breach of that duty, how that breach was the cause in fact and the proximate cause of your injuries, and the manner in which those injuries caused you to sustain damages.

The complaint must comply with the rules of the court in which it is being filed, and the drafter must ensure that the proper format is used and the proper information is supplied. A link to the applicable rules can usually be found on the county court’s website. Many of these rules are simple, and your common sense will lead you in the right direction. However, some rules may elude your common sense inclinations. For instance, just over a year ago, complaints were required to be filed on certifiably recycled paper. That rule has since been repealed, but my point is that similar rules still exist on the books, and failing to heed them may lead your complaint to the “rejected” box.

In addition to filing the complaint, California courts require the Plaintiff to file a Summons and Civil Claim Coversheet. Both forms can typically be found on your county Court’s website. These additional forms are incredibly important, because without all three forms being filed, the party you are opposing is not required to file a response (or, in other words, “Answer”).

The Civil Claim Coversheet is a form that the courts use to classify your complaint and as a source of statistical data. It is a “check the box” form, and can be completed quickly and often without the need of assistance.

The Summons acts as an official notice to the parties you have named as defendants that they are being sued. Again, it is imperative that you know the court rules concerning providing notice to parties you are suing. While the Summons acts as an official notice, some types of suits require providing the parties you are suing additional time prior to filing the complaint. For example, in suits against “health care providers,” the California Code of Civil Procedure may require you serve notice to the parties you are opposing a full 90 days before filing the complaint. Be sure you understand these rules before filing because there are consequences (known as “sanctions”) that you may face for failing to provide proper notice, among other things.

Some plaintiffs may even be able to avoid the foregoing obstacles by bringing their claims through specially designated procedures.  By way of example, Tara Burd states that “[i]t is very easy for an unpaid employee to file a claim with the Labor Commissioner and avoid the costs and requirements of an action in Superior Court.”  However, while bringing a claim with the Labor Commissioner may be easier in some actions, an aggrieved employee may also fail to identify all relevant causes of action.

The bottom line is that it’s not always easy to get one’s case before the court. Before starting a battle without an attorney, seek consultations and do due diligence to be sure you’re in the proper court and following the proper procedures.

For more information visit Tara Burd’s Who Is Page here in the Journal

San Diego Civil Litigation Attorney Tara Burd
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

San Diego Civil Litigation Attorney Tara Burd | The Perils of Failing to Hire an Attorney After You’ve Been Sued

See My Who Is San Diego Civil Litigation Attorney Tara Burd says “As a general rule, once you have been served with notice of suit and provided a copy of the complaint filed against you, you must file a written response with the Court. Most commonly, you have a mere thirty calendar days to file your written response.” See CCP § 420.12.

If you fail to file your response in time, the other party may prevail against you and receive what is known as a “default judgment.” There are legal mechanisms to cure a default judgment (i.e., obtain relief from a default judgment), but the best course of action is undoubtedly to avoid defaulting in the first place, if possible. Like all orders, defaults are enforced rigidly. Even though you may have never appeared or presented any counter arguments to your opponent’s claims, you will be liable for the damages assessed by the Court. In other words, you will be bound by the Court’s order and responsible for paying that which the Court has awarded your opponent(s).

Should you fail to abide by the Court’s order and pay the judgments to which you are bound, the other party can enforce the Court’s awards against you. This means you could be subject to wage garnishment, liens against your property, and other financially disastrous consequences.

Avoiding these consequences requires a good responsive pleading. In order to avoid the perils associated with defaulting, you should file a proper, timely response. Not just any type of response will do, and the Courts have basic guidelines concerning the form your response must take. Most often, the applicable rules can be found on your Court’s website. It is very important that you follow your Court’s rules in responding, as there are consequences for failing to file in a timely fashion and for failing to ensure that your response follows the proper form. Again, an inadequate, improper, or untimely response may result in the opposing party obtaining a default judgment against you.

Legal proceedings turn on the facts unique to the case before the presiding court. Accordingly, the unique facts surrounding your case should dictate the manner in which you choose to respond to the allegations being leveled against you.

This article examines three of the most basic responses are: the Answer, the Motion to Strike, and the Demurrer.

Providing an Answer to the Pleadings

The Answer is the Defendant’s opportunity to challenge and controvert the Plaintiff’s allegations in the Complaint. The Answer serves the purpose of filtering out matters that are either immaterial or simply not at issue.

In terms of the Answer’s form, the Defendant may respond to the Plaintiff’s allegations by admitting, denying, or claiming she lacks knowledge of the facts giving rise to the substantive allegations.

In addition to admissions and denials, the Answer should also contain any affirmative defenses the Defendant wishes to assert. An example of an affirmative defense when Defendant failed to make a payment, because he had a good reason to such as a Plaintiff’s failure to properly perform.

Attacking the Pleadings with a Motion to Strike

Motions to strike can be used to attack a pleading in its entirety, or can be used to attack specific parts of the pleading. The grounds for the motion to strike are to strike any “irrelevant, false or improper matter inserted in any pleading” or to strike any pleading in whole or in part “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” CCP § 436.

As long as it is filed in a timely fashion, a motion to strike constitutes a general appearance and prevents the entry of a default judgment. This means that the Defendant may wait to file an answer while the motion to strike is pending.

Attacking the Pleadings with a Demurrer

Demurrers are used when pleadings are so defective that it makes defending against them unnecessarily difficult. Often this is the result of the vague pleadings, or pleadings so loosely tied to fact that discerning their meaning proves difficult. The demurrer acts as a test of the legal sufficiency of other pleadings, raising issues of law (not fact) with the substance or form of the pleading it is attacking.

These are just the basic concepts of responding to a lawsuit. Deciding which approach to take and which are the most effective require experience understanding your case and the local court system.

For more information visit Tara Burd’s Who Is Page here in the Journal

San Diego Civil Litigation Attorney Tara Burd
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

San Diego Civil Litigation Attorney Tara Burd | Ignore Itches Not Lawsuits

See My Who IsSan Diego Civil Litigation Attorney Tara Burd says “One common way of dealing with problems is to just ignore them.”

That works for some problems. Ignore the itch in your shoe and it might just go away.  Ignore an annoying passenger on the bus or train car and eventually you will get off.  Ignore a legal proceeding against you and you could face a judgment against you, attorneys fees, penalties, interest, a lien on your home, and wage garnishment.  It’s a really really bad idea to ignore a lawsuit.  People know this, and do it anyway.  Then they get served with a lien or wage garnishment and run to the attorney to undo it.  Run fast, because the clock is ticking on any opportunity to undo a final court order.

To begin with, understand that an appeal probably cannot fix a default judgment.  An appeal asks the appellate court to review an underlying case and determine whether there was a mistake on the law and whether this mistake affected the final outcome.  An appeal does not rule on the merits of the case (except for in small claims court.) An appeal does not allow the appellant to make an emotional plea for a second chance.  A defendant who failed to show up for court in response to an initial action does not have grounds for an appeal.

Instead a defendant who discovered he has a judgment against him will need to ask the court to vacate or set aside his judgment. (CCP § 663.). In short, a party may be entitled to a different judgment if the original judgment was based on an “[i]ncorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts…”. This makes sense for a litigant who was actively involved with the case and received a unfavorable ruling by judge or jury.  It doesn’t make much sense for a party that ignored the problem.

The Civil Code of Procedure also authorizes relief from judgment on grounds of mistake, inadvertence, surprise, or excusable neglect.  (CCP § 473(b).)  However, it requires that a motion be made within 6 months of judgment.  With proper notice, that time is reduced even further.

Tara also offers some hope: “This does not mean that it is impossible to overturn a judgment after it has been entered in every circumstance.  There are certainly situations in which a judgment was improperly taken.  Some examples include an action taken without proper service; brought in the wrong jurisdiction; and entered against active military personnel.”

For those individuals who truly were unaware of the pending litigation against them, there may be a remedy.  But it is not sufficient to ignore the problem then ask the court for forgiveness once the reality of the repercussions sets in.

For more information visit Tara Burd’s Who Is Page here in the Journal

Tara Burd San Diego Civil Law Attorney
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

Tara Burd San Diego Civil Litigation Attorney Reminds Us That Running Your Mouth Off Isn’t Hearsay

Tara Burd San Diego Civil Litigation Attorney says, “What you say matters. Most people seem to agree that statements made online or at happy hour may constitute an enforceable contract. But many people believe the statements they made on Twitter, Facebook or to their buddy over drinks are not admissible in court and can’t be used against them. This is so wrong.”

Hearsay is a complex legal term that easily consumes a month of law school education in evidence. Nevertheless, its prevalence leads many individuals to wonder what it really means. Below is a brief explanation along with examples that demonstrate why people should stop chalking up their comments to “hearsay.”

Hearsay is an out-of-court statement made in court for the truth of the matter asserted. First, this means that out-of-court statements may be admitted in situations in which the truth of the statement does not matter.

Example #1: A man runs into police department with a gun and shouts, “I have a gun, I am going to kill everyone.” Before he gets a chance to pull the trigger, an officer shoots him. It turns out that the gun was not loaded and the man had no intention to kill everyone.  Is his statement hearsay? No.

In this case, it is irrelevant that the man’s gun was not loaded and that he wasn’t going to kill anyone.  The judge and jury don’t care whether the man’s words were true. What matters is that the effect of the man’s words upon the police officers led them to believe their lives were in danger. Since the truth doesn’t matter, this statement is NOT hearsay and is admissible.

The purpose behind the hearsay rule is to ensure that evidence presented in court is truthful and reliable. In other words, hearsay is presumed unreliable. The exceptions to hearsay generally apply to situations in which common sense dictates that the statement is most likely reliable. “Hearsay exceptions largely rely on the public’s beliefs as to the truthfulness of people. It is an example of our society’s role in crafting legal doctrine,” says Ms. Burd.

Example #2: A man sells his car washing business and promises not to compete within one year. The buyer agrees to make monthly installment payments. Six months later, the seller posts on Facebook, “I’m excited to announce I’m opening a brand new car wash, two blocks from the old location!” The buyer stops making payments and claims a breach of the Sales Agreement.  Is the seller’s Facebook statement admissible in court? Yes.

Here, the truth of the statement matters. This is hearsay if raised in court and used to prove that the seller breached the Sales Agreement. But, it meets an exception because it is considered a statement against interest.  As discussed above, the law assumes that a person would not make a statement falsely if that statement is harmful to him or herself. For that reason, this statement could be used against the speaker as evidence in court even if he didn’t really mean it.

These are just two of many examples of statements that can be used in court. The important take-away is not to assume that anything is hearsay. As Ms. Burd said, “Assume that what you say matters.”
For more information visit Tara Burd San Diego Civil Law Attorney’s “Who Is Page” in the San Diego Professional Journal. http://whois.sandiegoprofessionaljournal.com/tara-burd-civil-law-attorney
or her Web Site http://www.taraburd.com/

Tara Burd San Diego Civil Law Attorney
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

Tara Burd San Diego Civil Law Attorney | Getting Fired is a Good Thing

Tara Burd San Diego Civil Law Attorney says “Employees often think it’s better to quit a job than to be fired.”

They often worry that future employers will judge them harshly if they were “fired.” Most of the time, they are angry with their employers and their ego dictates that “taking control” by quitting is better. It’s not. Here are two primary reasons why an employee should wait to be fired.

First, when an employee quits they are no longer eligible for unemployment benefits. There is an exception to this rule known as constructive termination. Constructive termination occurs when an employer takes every step to terminate an employee except for actually saying the words, “you’re fired.”

Tara Burd, discusses this issue in more detail in an article in CNN iReport where she states “When a person loses – or is forced to quit – their job in California, unemployment insurance benefits are often their one reprieve. The job loss becomes even more painful when they find out their employer has denied them benefits.”

Sometimes an employer will go so far as to say: “We aren’t terminating you, we just don’t think you should work here anymore.” Or, “We aren’t terminating you, but maybe you should consider looking for work elsewhere.” Whether an employee has been constructively terminated requires a fact-specific analysis. However, when an employer says these types of phrases, the fact that an employee happens to pull the trigger on ending the relationship does not disqualify him or her from obtain unemployment insurance. Nevertheless, the default rule is that quitters are not entitled to unemployment benefits. So, if an employer believes he or she will be fired soon, preemptive quitting is not recommended.

Second, when an employee quits, they are rarely offered a severance package. While severance packages are not required in California, they are often offered to the benefit of both parties. Employers like the mutual release of claims that is usually tied to the severance package. An employee who quits first, will usually lose their opportunity to be offered and obtain a severance agreement.

For those employees worried that being “fired” will look negative on their employment record: First, consider that an employment record isn’t usually public knowledge. As such, there are ways to protect an employee’s reputation. One way is to obtain a severance agreement and be sure it includes a non-disparagement clause. This clause commits the employer to only provide the dates and positions of employment to a future employer. In fact, many companies only provide this information as a policy. Instead of relying on a human resources manager or company owner for a reference, and employee should provide his/her prospective employer with the name of a specific individual.

The bottom line is that when an employee quits, they lose their opportunity for negotiation and future compensation.

To see the article mentioned above, go to http://ireport.cnn.com/docs/DOC-1221627

For more information visit Tara Burd’s Who Is Page here in the Journal
See the article in Small Business Trendsetters http://smallbusinesstrendsetters.com/tara-burd-san-diego-civil-law-attorney-uber-drivers-caught-in-a-rat-race/

Or other articles in CNN iReport http://ireport.cnn.com/docs/DOC-1234171   or   http://ireport.cnn.com/docs/DOC-1234170

Tara Burd San Diego Civil Law Attorney
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

Tara Burd San Diego Civil Law Attorney | Advanced Health Care Directives are for All Ages and the Invincibles

See My Who Is  Tara Burd San Diego civil law attorney says “Estate planning is not for the dead or dying – it’s for the living.”

Its purpose is for an individual to express his or her wishes so that they can be carried out when that individual is unable to do so.  Too many people fail to place value in preparation. Too many people must think they are invincible and that accidents “don’t happen to people like them.”  These are such obvious fallacies, yet they are rampant in our society. If they weren’t – everyone would have an estate plan.  This article is for the 20-somethings and 30-somethings and 40 plus-somethings who believe that they’re “too young” to plan. It’s for the invincibles.

The Advanced Health Care Directive is a plan necessary for individuals of all ages.  It is the document where one dictates the person in his or her life they trust the most to make decisions relative to his or her health care. In the late 1990’s and early 2000’s, the Terri Schiavo case was well-known. Ms. Schiavo was in a persistent vegetative state for 15 years.  Her husband wanted to remove her feeding tubes that were keeping her alive.  Her parents wanted to leave it in place.  Ms. Schiavo did not have an Advanced Health Care Directive.  She left no indication of whose medical opinion she valued most.  She left no instruction about what she wanted.  If she had an Advanced Health Care Directive, she likely would have identified either her husband or her parents as the decision-maker. There would have been no need for a 15 year battle. Ms. Schiavo was only 26 when she took ill.

In addition to designating a person to carry out one’s wishes, an Advanced Health Care Directive allows an individual to articulate his or her specific desires.  For example, it allows each individual to express whether he or she wants to be medically treated for an illness contracted while in a coma. It also allows individuals to decide whether it is more important for that person to be kept pain-free or life-support free when given the choice.

The Advanced Health Care Directive can be written to only take effect when an individual lacks capacity. Capacity is typically decided by either a court order or doctor’s declaration. It can also be written to take effect immediately. Even a person who has capacity may not want the pressures of making important health care decisions when he or she doesn’t feel strong and clear-headed. Designating a trusted person can lighten the burden of an painful, uncomfortable experience.

The time to prepare an Advanced Health Care Directive is as soon as possible. Planning is not about expecting death. It is about the living.

For more information visit Tara Burd’s Who Is Page here in the Journal
See the article in Small Business Trendsetters http://smallbusinesstrendsetters.com/tara-burd-san-diego-civil-law-attorney-spousal-support-for-unmarried-couples-the-marvin-action/

Or either article in CNN iReport http://ireport.cnn.com/docs/DOC-1234171   or   http://ireport.cnn.com/docs/DOC-1234170

Tara Burd San Diego Civil Law Attorney
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

Tara Burd San Diego Civil Law Attorney Clarifies The Confusion About Severance Agreements

See My Who IsTara Burd San Diego Civil Law Attorney reminds everybody “Once an employee waives his or her claims in exchange for payment, the waiver cannot typically be undone. It is not enough for an employee to say ‘I didn’t know’, especially when the severance agreement specifically suggests for the employee to consult an attorney.”

Getting fired can be scary. Even scarier is that 2-5 page agreement the employer hands to its employee saying “sign this if you want us to pay you a severance.” Sometimes the employer will even throw in a deadline: “You have 24 hours to agree to this or else.”

The answer to the question as to sign or not: Sometimes.

A severance agreement is a new contract between an employee and soon-to-be-past employer. Typically, the employer offers to pay the employee money in exchange for a waiver of any and all future claims against the employer. In some cases, severance agreements are given to an employee in appreciation for past performance. More often, however, it is merely a means to induce the employee into waiving his or her rights.

The language of the severance agreement can range from simple to verbose, but the message is always the same: “you waive the right to bring any and all claims against your employer.” In California, Civil Code section 1542 provides that a general release does not extend to claims that are not known about. So, naturally, severance agreements also contain a waiver of Civil Code section 1542. Essentially, by signing the severance agreement, the employee can never bring or aid in bringing any claims against his or her employer in the future, whether known or unknown.

For some employees, this is not a problem because they don’t have any viable legal claims against their employer. No discrimination, no retaliation, no unpaid overtime. For other employees, who are concerned they may have been improperly terminated, waiving their rights is a huge dilemma.

The way to handle this is to speak to an attorney who can assess the value of the potential claim. Attorneys will review an employee’s severance agreement and assess their potential claims for a flat fee. Understanding the potential claim may give the employee leverage to request a larger severance pay. Alternatively, the employee may wish to reject the severance in order to pursue a higher value claim.

Signing a severance agreement that states the employee has received any and all wages, does not waive the employee’s right to request unemployment insurance. Similarly, if the employer decides to contest the unemployment insurance claim, the severance agreement does not prohibit the employee from appealing the denial. A severance agreement cannot waive an individual’s statutory right to unemployment insurance, no matter what the contract says.

Turning down money-in-the-hand is difficult, but the decision to waive one’s legal rights should never be made lightly. However, once an employee is informed about what is waived by signing the severance agreement, he or she can – and should – do so confidently.
For more information visit Tara Burd’s Who Is Page here in the Journal

Tara Burd San Diego Civil Law Attorney
You may contact her at her office
T.Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone 858-215-2873

Tara Burd

Tara Burd San Diego Contract Litigation Attorney | Partnerships and Taking Control of Your Business

See My Who Is Tara Burd San Diego contract litigation attorney says, “The law imposes duties upon people who are doing business together. So, take control of your business, no matter how small.”

Just like doctors make the worst patients, the most savvy, educated business-minded people often make the worst business decisions. A salesperson may excel at selling, but completely fail to protect his own business interests among his partners. Tara Burd, identified these five important, and often ignored, facts about partnerships:

1) You do not need to intend to create a partnership. That’s right, if two or more people are doing business together, they are in a default partnership whether they like it or not. Cal. Corp. Code § 16202.

2) You can be held liable for acts of your partner even if you did not agree to the act. There is no default rule that the act of one partner requires consent of the remaining partners. This means that your partner can go right ahead and enter into binding agreements with third-parties without telling you, and you can be held liable. To protect yourself, draft a partnership agreement that outlines the authority of its members. Cal. Corp. Code §§ 16301 and 16305.

3) Partners are jointly and severally liable for all liabilities of the partnership. Some people wrongly believe that if they are not making big decisions for the partnership, they will not be held liable for the debts of the partnerships. But, not only will you be liable as a partner, your private, individual assets – such as your home – are also up for grabs by a partnership’s creditors. If you want to protect yourself from liability, you need a partnership agreement in which all members agree to the limitation. You may even need a limited liability partnership instead. Cal. Corp. Code § 16306.

4) Each partner is entitled to an equal share of the profits and losses. Contributing 75% of the partnership’s startup capital does not entitle you to 75% of the partnership’s profits. “The law understands sweat equity,” says Tara Burd. Sweat equity is the time and labor that it takes to run a profitable business – it’s not all about the money. If your partners agree that your 75% contribution should entitle you to 75% of the profits and losses, put it in writing! Cal. Corp. Code § 16401(b).

5) Partners cannot participate in businesses that compete with the partnership. Partners have duties of loyalty and care to the partnership. If you are in a partnership that runs a photography business, you may be breaching your duty of loyalty if you accept a photography gig without contributing those profits to the partnership. But what if you also work as an independent contractor for another company on the side? To avoid any potential conflict, this type of scenario should be laid out in a partnership agreement. Cal. Corp. Code § 16404.

You and your partners can control profits, responsibilities, and liabilities. Planning your business now, saves your business later.

You can see more about Tara Burd on her web site Tburdlawgroup.com

or on The Small Business Trendsetters site  http://smallbusinesstrendsetters.com/tara-burd-san-diego-contract-litigation-attorney-litigation-doesnt-make-friends-contracts-do/

On CNN iReport  http://ireport.cnn.com/docs/DOC-1166525
Or the T. Burd Law Group
4452 Park Blvd., Suite 310
San Diego, CA 92116
858-215-2873

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Steven Lehat Attorney Business Advocate | Incubation Teaches Critical Skills

Steven Lehat Attorney Business Advocate says “A young attorney in a large firm is not going to be charged with important economic decisions in his or her early career. Everything will be decided for them. They are not going to have the basis for getting to sophisticated issues”

It will be very senior management making those decisions.

The folks at the bottom are being trained to create excellent work products. The problem is that those folks at the bottom, because of the level of clients in those particular companies, who are being charged so much (even though they may have the wherewithal to pay) many of them won’t even entertain having junior attorneys work on their matter. They simply don’t believe junior attorneys have that level of capability to practice because they’re viewed as inexperienced.

They are not making any tough decisions. Indeed, they are very smart and did go to wonderful schools.

But they are far from what somebody who goes out on their own and particularly someone who is incubated is going to have to address and have to get training in.

This latter category of attorneys may or may not have the inherent abilities of somebody who is recruited by one of the elite firms from one of the elite schools. But those attorneys are going to do things much sooner and they are required by the laws of ethics to attain competency.

They can’t just go out there, just out of law school and because they are adventurous enough to put out their shingle to take a case without studying the law. They must make themselves competent and if necessary, bring in more competent senior people to work on a given project. Those attorneys are going to the head of the curve in the initial years. There’s no question about that in terms of returning value for services. Later on of course, these other attorneys, in the large firms, who have been nurtured over a long period of time can grow to be great attorneys and great business-minded attorneys, but it’s a process.

We’re dealing with the constituency that is going to be the vast majority of graduating attorneys in this country. For them, these skills are critical to really fulfill their destinies as successful practicing attorneys. They will take the best that the profession has to give in the world of ethics and impart it and join it to the best that business models can give to turn out a work product that ultimately clients are going to really love.

Their success will be based on setting up and running a best practices law office. Mr. Lehat tells us “In today’s day and age, the lawyer would need to be familiar with the very concept that regular businesses know all about; things such as project management, CRM, sales, internet web-sites and social networking. The new lawyer also must know the best way to make use of a given piece of equipment, what equipment to buy, and what equipment is going to be particularly cost effective or any particular set of clientele in order to give their client the best product at the best price.”

You can see more about Steven Lehat by visiting http://www. lawbusinessworld.com
Or on CNN  http://ireport.cnn.com/docs/DOC-1165083
Or in the offices of
Law Business World Inc.
895 Dove Street third floor
Newport Beach, CA 92660
949-394-4648

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