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McGrath & Spielberger, PLLC was founded by enterprising attorneys whose goal is to always provide high quality yet affordable legal representation to citizens and businesses in Florida, Georgia, North Carolina, Ohio, South Carolina, and Tennessee. Together, the attorneys of McGrath & Spielberger have decades of legal experience to draw upon when providing legal representation to their clients.
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Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 2)

As a business law attorney who handles business contract issues on the front end (business contract drafting, analyzing, etc.) and the back end (business law disputes), I’m always mindful how a legal agreement addresses the possibility of the “prevailing party” recovering attorneys’ fees and other legal type costs. This Part 2 addresses some of the factors and strategies which should be considered in deciding which option may be best for your situation. Part 1 addressed four (4) different ways to approach the costs and fees issue in a business to business contract.

1. The “prevailing party” in the business to business contract dispute can recover legal costs and fees, including attorneys’ fees. Why might – or might not – you want this in your company’s contracts?

One perspective is that…


Find the full article at http://mcgrathspielberger.blogspot.in/2017/10/business-contracts-what-should-yours.html

Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 1)

As a business law attorney who handles business contract issues on the front end (business contract drafting, analyzing, etc.) and the back end (business law disputes), I’m always mindful how a legal agreement addresses the possibility of the “prevailing party” recovering attorneys’ fees and other legal type costs. Below I list four (4) different options; the second part of this article will address some of the factors and strategies which should be considered in deciding which option may be best for your situation.

1. The “prevailing party” in the business to business contract dispute can recover legal costs and fees, including attorneys’ fees. This concept is pretty straightforward. However, when put into actual practice, identifying the “prevailing party” can be complicated. Further, the costs and fees at…


Find the full article at http://mcgrathspielberger.blogspot.in/2017/09/business-contracts-what-should-yours.html

CONSUMER REPORTS: BEWARE OF SELF-HELP LEGAL WEBSITES FOR WILLS AND OTHER LEGAL DOCUMENTS

Consumer Reports: Beware of Self-Help Legal Websites for Wills and Other Legal Documents originally published Friday, September 28, 2012, Updated.

The September 2012 issue of Consumer Reports reported that documents generated by certain self-help legal websites could lead to unintended consequences. Unfortunately, this still seems to be the case five years later in 2017.

Consumer Reports used the self-help legal websites to create a last will and testament, a residential lease, a promissory note and a bill of sale. These legal documents were then examined by three law professors in a blind test. The professors found, amongst other issues, that…


Find the full article at http://mcgrathspielberger.blogspot.in/2017/08/consumer-reports-beware-of-self-help.html

Arbitration: setting the rules and identifying which arbitration organization will be used

bigstock--165388220(1).jpgWhen it comes time to go to arbitration for commercial disputes, there can be a whole lot of questions that need answering. Those primary questions usually extend to which organization will conduct the arbitration and which rules will be used. It is important to understand these issues before including this in an arbitration agreement and before moving forward toward arbitration…


Find the full blog at http://mcgrathspielberger.blogspot.com/2017/05/arbitration-setting-rules-and.html