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Category: Dispute

Why Are Legal Agreements so Long and Complicated?

Posted on January 11, 2024January 11, 2024 by g83js92js91
Categories: arbitration, arbitration clause, Business Law & Contracts, Dispute, jurisdiction

 

Most people (including business owners) want (or think they want) “just a very basic contract – 2 pages, not 10 pages”. There could be many reasons for this; they often include one or more of the following.

(1) They themselves want to be able to understand the contract.
(2) They think the legal fees for the agreement will be less expensive that way.
(3) They don’t want to “scare the other side away with an intimidating legal document.”
(4) On average, human beings have shorter and shorter attention spans and less desire and ability to focus on details – this includes some lawyers.

Of course, what a “basic contract” is varies from situation to situation and party to party.

Some contracts are longer than they need to be and more detailed than they need to be, with very little benefit to the extra content. However, most of the time the “details” which cause some to think the contract is “too long” are important *or could become important*.

Don’t drive without a seat belt, randomly hoping that everything goes perfectly – let the lawyer help you with common sense, reasonable protections.

Here are a few straight forward, real world examples of contract topics which many clients might assume are unnecessary, accompanied by reasons that content can be important and should be considered for inclusion. This is not an all-inclusive list.

Screenshot 2024 01 11 143055

Posted in arbitration, arbitration clause, Business Law & Contracts, Dispute, jurisdiction

Follow the Contract’s Arbitration Clause or File a Lawsuit?

Posted on February 4, 2019April 25, 2022 by g83js92js91
Categories: arbitration, arbitration clause, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Dispute, Jason A McGrath, lawsuit, North Carolina, series

Attorney Jason McGrath explains some things to consider when deciding whether to follow a contract’s arbitration clause or file a lawsuit in this short video.

Click here to watch on YouTube or watch the video below.

Here are some of the key points contained in the video:

  • How do you end up in arbitration vs. in court?
  • Typically, someone has to decide – do we follow the arbitration clause or just file a lawsuit?
  • Parties usually just file a formal lawsuit as if there is no arbitration clause.
  • There can be some negatives to ignoring the arbitration clause.

You should have your attorney take a look at the contract and then make a careful decision on how to proceed based on a through legal analysis of your case and the contract.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client form for possible legal assistance.

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Posted in arbitration, arbitration clause, business law, Business Law & Contracts, Business Law Disputes, contract law, contracts, Dispute, Jason A McGrath, lawsuit, North Carolina, series

Arbitration Provisions: Law & Venue Video

Posted on November 7, 2017 by g83js92js91
Categories: arbitration, arbitration clause, contracts, Dispute, Jason A McGrath, settlement, state law, venue, video
Arbitration is sometimes referred to as ADR, which stands for alternative dispute resolution. Simply put, it is a legal procedure in which an unbiased third-party attempts to settle a dispute outside of court. In this two minute video, Attorney Jason A. McGrath of the McGrath & Spielberger law firm discusses the logistics of an arbitration proceeding.

Arbitration Provisions: Law & Venue

1.      Where is the arbitration to take place?
2.      What state’s laws apply?

Make sure that the arbitration clause in your contract provides that the arbitration will take place in a specified geographical area (city, county, even state). You’ll also want to have the arbitration clause specifically provide that the laws of a certain state will be applied.

Be careful to protect your interests when drafting the arbitration provisions in your contracts.

Posted in arbitration, arbitration clause, contracts, Dispute, Jason A McGrath, settlement, state law, venue, video

Hearing on Partition of Real Property and Result

Posted on December 9, 2016April 25, 2022 by g83js92js91
Categories: attorney, Dispute, hearing Result, Jason A McGrath, lawsuit, northa carolina, Partitions of Property, Real Estate
Depositphotos 18697169 original

The following is a summary of a hearing on Partition of Real Property that McGrath & Spielberger assisted a client with, and is provided for informational purposes only. Each case, each client, each situation is different, and each matter may have a different outcome.

Basic Facts. The Petitioner is trying to force a sale of the real property at issue so she can receive a portion of the sale proceeds.

Basics of the Applicable Law. The default setting in North Carolina law is that an owner of real property (even a minority owner) has a right to force a partition of that property, whether a partition in kind (physical division) or partition by sale (sell the property and divide the proceeds).

The Challenge. To not have the case follow the default setting (a partition being ordered).

Owner 1. The Respondent (Brother) who owns 11/12 of the real property, lives on the property with his family, takes care of the property, pays the taxes, etc.

Owner 2. The Petitioner (Sister), who owns 1/12 of the real property, does not reside there, does not contribute to the care of the property.

Property Location. Charlotte, Mecklenburg County, North Carolina

Property Type. Primary residence

Who McGrath & Spielberger Attorney Jason McGrath Represents. Owner 2, the Respondent

Hearing Date. November, 2016

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Partition Hearing. Mr. McGrath filed Motions to Dismiss and Objections to the Petition for Partition and attended the hearing with the Client. The strategy to oppose the Petition for Partition was not revealed to the other side until necessary at the hearing itself.

Partition Hearing Outcome. Mr. McGrath successfully prevented an Order for Partition from being entered. The case remains pending, as do our Motions to Dismiss.

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Posted in attorney, Dispute, hearing Result, Jason A McGrath, lawsuit, northa carolina, Partitions of Property, Real Estate

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