02 04 2014 OBJECTIVES 1 Awareness of Legal Pitfalls Example 2 Communication with Lawyers a Fee Structure o 1 Hourly Rate o If you re a retailer and there is a storm outside if costumers are coming in leaving umbrellas and water on the floor that is a legal and physical danger area As a manager of a retail store if someone slips and falls someone might sue you because you are supposed to provide them with a safe shopping area To prevent these situations you need to make sure that it is safer by having employees dry areas and putting up wet signs One more way of minimizing these dangers stores publix do is provide umbrella bags pay the lawyer x number of dollars per hour sometimes lawyers divide hours into every 10th of an hour 6 minutes o 2 Job or Task Charge someone a specific amount for certain things clients want to do Example make a will o 3 Contingent Fee contingent conditional You pay your lawyer on the contention that your lawyer wins Don t have to pay filing fees expert fees hourly rate etc Newspaper article wrongfullyinjured com o There is no charge for our consultation o No fees or costs are charged if we are not successful o Typical percentage the lawyer gets of your recovery is 1 3 33 3 or 40 if you win If you go to court it s typically 40 Usually dealt in tort cases People are careless or negligent Tort cases Automobile accidents medical malpractice cases slip and fall cases Suing for personal injuries All of this must be in writing Settlement you are not necessarily going to court you might come to an agreement beforehand When before going to trial or even during trial you make a decision you want to not continue Get this case done Pretty much a compromise o Example Vioxx case Contingent Fee Agreement o A Before the filing of an answer 1 33 1 3 of any recovery up to 1 million plus 2 30 of any portion of the recovery between 1 million and 2 million plus 3 20 of any portion of the recovery exceeding 2 million o B After the filing of an answer 1 40 of any recovery up to 1 million plus before the case gets going when you file your complaint and somebody files an answer it s in court That s when the fees are going to go up 2 30 of any recovery between 1 million and 2 3 20 of any portion of the recovery exceeding 2 million plus million THE LEGAL METHOD OF THINKING 1 Separate Relevant from Irrelevant Only talk about the things that are important Focus on things that are relevant to your case It will save you and your lawyer time and money 2 Be prepared to Vigorously Justify Your Position with an Arsenal of Supportive Data and Fact Lawyers need backup and support for their argument Back it up with data fact and previous cases o Precedent cases that preceded your case today 3 Develop an Ability to Think on Your Feet Lawyers are going to be thrown curves by the judges If you don t know an answer to a question that your judge asks you you need to learn to think on your feet and come up with something reasonable BUSINESS LAW COURSE TOOLS 1 Semantics the branch of the science of language that deals with the meaning of words in the law precision of language is essential o you have to use the right word in the correct context How you say something or write something is critical to winning a case Example of law definition context o Infant anyone under the age of 18 o Reasonable paradox in terms of what we say precision of language Reasonable presents a standard The law does not say precise it says reasonable o In On difference between molestation and sexual battery Sexual Battery penetrating of a Child Life in Prison Molestation touching of a Child 15 years in Prison max o Prosecutor must prove guilt beyond a reasonable doubt For juries if you have a doubt even if not significant you have to say the defendant is innocent You have to be very sure in order to convict someone as guilty o Commercial liability insurance if people were injured on the premises of his store his insurance company would pay o Negligent security careless safety Did you secure the premises in a matter that was safe enough exercise reasonable care for the safety of your costumers o There was a cap on the insurance policy limit it was 1 000 000 o Decision Each Shooting was a separate occurrence There were 5 occurrences 2 for the purpose of this case only two were suing o Occurrence Koikos Case Instead of having a max of 500 000 there is a max of 1 000 000 Similar lawsuit the world trade center o Insurance policies covered the world trade center for a max of 3 6 billion o Was what happened 2 occurrences o If 2 occurrence 7 2 billion o If 1 occurrence 3 6 billion o The court in NYC said It is 1 occurrence One terrorist act 2 Logic extracting legal rules from past cases by inductive reasoning how the judges approach problem solving and make Judicial logic their decision Example o Law By statute all unsigned wills are void Statute a law passed by the legislator If you re going to write a will you have to sign it In Florida two witnesses are required o Facts This will is unsigned o Decision This will is void Example What if the person who dies lives in Florida died in Georgia and owns property in Virginia o Which statue are you going to use void o Florida s which says If it s not signed with two witnesses it s o Or Georgia s law Has to he signed with 3 witnesses o Or Virginia s law Does not have to be in writing o Conflicts of laws o What re the rules to determine which state s laws are going to apply o In this case Florida law applies Except If you own property in another state the laws of that state apply only to the property in that state Florida Case Daddy s Will Facts o Daddy was a widower and left four children all adults o He writes a will with witnesses and he signed it and leaves to child A and to child B C and D get nothing disinherits o Daddy had 800 000 so A and B would get 400 000 each o Lawyers say if you want to disinherit a child then you should name them in the will Even if you give them 1 or state I am aware I am not giving C and D any money and intend to not give them any money Why would I name them in the will if I don t want them to get anything Provide clarity and name them because if you don t C and D can say …
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