This week complete a two-part Blog article dealing with the considerations that counsel and client must consider when deciding whether to demand trial by jury or, by contrast, accede to a judge-only ("bench") trial. This is often a complex decision with no sure right or wrong answer. Last week we discussed the advantages of a jury trial. This week we review some of the key considerations for the other side of this complicated coin: the advantages of opting for a judge-only trial.
Business and Real Estate Litigation: Do We Want a Jury? A Critical Question!
Buffington Law Firm's business and real estate trial attorneys are often faced with the question as to whether the case should ultimately be decided by a judge or by a jury. In most types of civil trials (probate proceedings being a notable exception) a party is entitled to a trial by jury under most circumstances. Whether to ultimately elect a jury trial is never a simple question. And yet the decision whether to employ a jury can be one of the most far-reaching decisions that lawyer and client can make. In this brief article we will discuss a few of the considerations that should go into making such decision. We make no pretense that this article covers all of the factors involved.
Investment Fraud -- What to Do if You are a Victim
Buffington Law Firm's breach of contract and investment fraud attorneys have successfully handled numerous cases involving investment fraud. Last week we described the nature of a typical fraudulent investment scheme. The red flag indicator that one's investment is fraudulently invested is when the investor seeks to legitimately cash in all or part of the investment, and the investment manager delays or balks at honoring the request. After working many such schemes over the past two decades, we have learned that this is an unfailingly accurate "red flag" that fraud may be present.
5 tips for successful contract negotiation
Perhaps you are about to enter negotiations that could win you rights to an innovative product your up-and-coming company wants to sell.
However, you do not have much experience with important contract negotiations. Here are five tips to boost your confidence and help you close the deal.
Buffington Law Firm's Free Consultation Process
Buffington Law Firm's practice areas encompass business litigation, real estate litigation, and trust/estate/elder law litigation. We also handle assault-and-battery lawsuits. Our Firm is experienced in handling jury trials, arbitrations and alternative dispute resolution forums such as mediations. If you believe that you have a meritorious lawsuit within our Firm's practice areas, or if you are being sued, Buffington Law Firm will always offer a free, in-office consultation to discuss your case. The process for this is very straightforward. When you first telephone us, you will speak directly with a qualified attorney who will review the basic nature of your legal problem. So long as it appears that your case is one that falls within our Firm's areas of expertise we will then invite you to make an appointment to come to our office, with relevant documents where applicable, for a free consultation with one of our senior attorneys. In this meeting we will discuss and examine your case in more depth.
Investment Fraud; What It Is and How to Spot It
Buffington Law Firm's breach of contract and investment fraud attorneys have represented numerous clients who have been victimized by investment fraud. Regrettably, these cases tend to fall into a familiar pattern - a person entrusts his or her investment portfolio, which frequently represents the bulk of the client's life's savings, to a purported investment manager. The investment manager/advisor then promises to manage the client's portfolio as a fiduciary. A fiduciary is someone who is entrusted with the assets of another who promises to put their client's interests ahead of their own and act with diligence and skill for the client's best interests.
Fiduciary duty and California trustees
Part of making a trust is appointing a trustee to administer it, which can mean various things for different types of trusts. However, the bottom line is that the trustee takes on the duty to run the trust according to the term the trustor sets and according to the interests of the beneficiaries.
The trustee's obligation to the beneficiaries constitutes a fiduciary duty, which holds him or her to a higher degree of responsibility than simply doing one's job. In this scenario, acting improperly or failing to take appropriate action can give the beneficiaries of the trust grounds to seek legal redress.
Impossibility and California contracts
For California business owners, contracts play an essential role in their companies' operations. They enter into contracts with vendors, clients and their own employees. They buy or lease property. When one party does not live up to its obligations, serious problems can ensue.
Ordinarily, breaking a contract can give the party who suffered as a result the right to various legal remedies. However, under some circumstances the law may excuse a breach and not hold the breaching party legally responsible.
A claim of shareholder oppression may find its way to court
Minority shareholders who feel they are the victims of corporate abuse or overreach can make a claim of shareholder oppression.
Courts normally recognize various definitions of shareholder oppression and, while it is usually not illegal, judges typically see it as improper conduct for which there are several remedies.
In flipping a home, did you disclose areas of concern?
Perhaps you purchased a neglected property that needed a lot of work. You renovated it, made it look presentable again and now you have an interested buyer.
However, some structural problems still remain. Have you disclosed these issues? Keeping material facts about the property from a prospective buyer could cause you considerable legal problems, including a charge of fraud.
