Posts

Debt-Where is Thy Sting?

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As you struggle to manage your personal credit crunch by cravenly avoiding your own creditors and doggedly and indignantly pursuing your debtors, there are a few rules to the game that you should know about.    There are four rules to being a successful debtor:     1. Admit nothing, especially not that you owe any money or that you are completely satisfied with the goods or services.    2. If there is anything slightly wrong with the product or services, tell the supplier in writing.    3. Try not to sign personal guarantees.    4. Do business in a company or entity that is not worth suing.    At some stage during your evasive activity, the creditor will get fed up and instruct a lawyer.  Should you surrender immediately?  Well, maybe not.  There are two types of lawyers’ letters.   a) Pay or we shall commence action.  This is called a “letter before action”.  It is very precise and states that the money must be received within say, seven days of the date of the letter.  The reason for

Suspicious circumstances -Seven things to check when you are left out of a will

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When your rich uncle leaves you out of his will the obvious explanation is that he was nuts. However, if the will appears rational and correctly executed the Court will presume that the deceased was mentally competent unless there are suspicious circumstances.     The nature of the suspicious circumstances can depend on the inventiveness of the deceased’s family, friends, and neighbours but here are seven examples:    1.    Enfeebled physical and mental state e.g. medical evidence of significant cognitive impairment and continual deterioration.  2.    Evidence of confusion e.g. concerns by friends that the deceased would sign anything put in front of him.  3.    Lack of care in preparation by the lawyer e.g. No written record or over 5 (make that 15) typos.  4.    A carer left a substantial benefit.   5.    Terms of the will departed significantly from previous wills e.g. it excludes persons who you would expect to inherit.  6.    Questions concerning the witnesses e.g. a doctor witnes

Litigation the Last Resort

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In collaboration with the Business Essentials Daily podcast we present   THE 10 GREATEST LEGAL MISTAKES IN BUSINESS. ..and how to avoid them Series  Episode 10 :  Litigation the Last Resort You may also be interested in  one of the  other Episodes in this series  The Business Essentials Daily podcast features interviews with business experts and industry leaders, providing up-to-date, insightful advice on wide-ranging topics, including winning sales strategies, HR issues, mental health and leadership including the Ten Greatest Legal Mistakes in Business Series. If you have a legal issue call a lawyer.   Paul Brennan   can be contacted on 617 5438 8199   SPONSORED BY

IP Actions- Where To Start

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 J ust like the motorist asking directions from the Irish farmer, in copyright litigation the answer often is, “I would not start from here if I were you.” Copyright court actions are to be avoided if possible, as nothing is straightforward.  You must prove that you own the copyright which can be a lot harder than it sounds.   It involves getting assignments or licences from contributors.    Although this may appear to give some comfort to anyone being sued for copyright infringement, it also means that copyright lawyers can use up a lot of billable hours in producing detailed evidence for which defendants usually pay if they lose.  Defendants can instruct their own specialist copyright lawyers who may feel compelled to raise academic, technical defences and the costs escalate.  This is why you must try to rely on trade mark law to protect your IP which means that you must do three things: Have a registered trade mark; Make sure it is effective e.g. it is registered in the right class;

Mediation to Settle Disputes

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In collaboration with the Business Essentials Daily podcast we present   THE 10 GREATEST LEGAL MISTAKES IN BUSINESS. ..and how to avoid them Series  Episode 7 :  Protecting your Business Secrets  You may also be interested in  Mediate and be Damned  or one of the  other Episodes in this series  The Business Essentials Daily podcast features interviews with business experts and industry leaders, providing up-to-date, insightful advice on wide-ranging topics, including winning sales strategies, HR issues, mental health and leadership including the Ten Greatest Legal Mistakes in Business Series. If you have a legal issue call a lawyer.   Paul Brennan   can be contacted on 617 5438 8199   SPONSORED BY

The Eight Stages Of Going Broke – The Company Story

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If  you are one of the many small company owners who constantly worry about going broke and require more painful detail then read on. Basically, there are 8 Stages:  A long period when you drive your creditors mad by not communicating with them or giving repeated failed promises to pay.  Creditors are generally very gullible people who will swallow hard luck stories and promises to pay as well as accepting minimal payments.  Often, it is only when you stop communicating or tell them to get lost that they go all crazy and get legal. A notice giving you 21 days to pay up (“A statutory demand”). Court proceedings which immediately freeze your bank account. From there, it can all be over in a month or so, with a court order winding up the company and appointing a liquidator.   Directors hand over the books and assets, fill out a questionnaire being a report on the affairs of the company and then stand aside.  The liquidator can sue people to recover money or property which has disappeared

Protecting your Business Secrets

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  In collaboration with the Business Essentials Daily podcast we present   THE 10 GREATEST LEGAL MISTAKES IN BUSINESS. ..and how to avoid them Series  Episode 7 : Protecting your Business Secrets  You may also be interested in  The five types of intellectual property  or one of the  other Episodes in this series  The Business Essentials Daily podcast features interviews with business experts and industry leaders, providing up-to-date, insightful advice on wide-ranging topics, including winning sales strategies, HR issues, mental health and leadership including the Ten Greatest Legal Mistakes in Business Series. If you have a legal issue call a lawyer.   Paul Brennan   can be contacted on 617 5438 8199   SPONSORED BY