Posts by Albert

Contract Review for Small Businesses

Posted by on Feb 7, 2019 in Business Law | 0 comments

I dream of owning my own business someday. I would love to have the ability to decide the direction of an entire company. I would also really enjoy the opportunity to train and mentor my employees, developing their skills for success so that they can lead a company themselves. One thing that I often think about is the numerous contracts between business owners and clients that a business owner has to deal with. I work mostly as a freelancer right now. I work for people that I know and have a relationship with, so contracts don’t usually need to get involved. We have enough trust and open communication to make sure that everything that needs to get done is done. But this is not the case for business owners. They often hire services or take on clients based on referrals or advertising. This means they’re creating deals and partnerships with people they may not know very well at all. This sort of scares me. Of course I’d want to have contracts that state the agreements we enter into, but I don’t know how to create a contract that’s binding or airtight. I feel like any contract I make is going to have holes that a savvy business person could take advantage of. I went looking online and I found out about Smith Kendall, PLLC. The attorneys at this law office in Dallas specialize in contract review. They help their clients create contracts from company to company, company to individual, and company to employer that are clear and legally binding.

I want to make sure that every service I hire is going to deliver what they promise. If I sign a contract with a shipping and receiving company, I want to make sure that they ship my goods as stated in our contract. If they fail to ship on time, I want to have recourse so that I can recover the losses from their mistake or have the option to take my business elsewhere. I would hate to sign a contract that leaves me stuck using services I don’t like for years at a time.

Attorneys like the ones at Smith Kendall, PLLC help out everyone in the end. As a business owner, I want my business to run smoothly and efficiently. I don’t want to sign away my rights or end up in a deal that causes me more harm than good in the long run. I also want to do the right thing by my clients. I don’t want to put them in a position where they’ve signed away their rights. Lawyers like the ones at Smith Kendall, PLLC work to make sure this doesn’t happen.

I found out that some companies that aren’t in the legal field even have lawyers in-house to help out with that sort of thing. The big corporations deal with thousands of contracts every day. In order to stay safe and mitigate risk, they have full-time lawyers that deal with mergers and acquisitions, employment contracts, and non-disclosure agreements. Pretty cool to be so big you have your own lawyers. But everyone has to start off somewhere, and small business owners can hire outside legal help temporarily to get their contracts reviewed properly.

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How to Identify Tree Diseases

Posted by on Jun 23, 2018 in Biology, Health | 0 comments

Plants, like humans, are susceptible to disease, and they may be more common than you think. Trees have a natural ability to fight diseases and pests, but when their native defenses fail, you may be forced to call in tree experts to deal with your problem. The problem that most people have with identifying diseases in plants is that the culprits are microscopic, but they can quickly spread and kill a tree. By the time we notice the tree has a problem, it might be too late.

Trees may look like one entity, but they have several different parts that make up a system. Each component can be infected by different diseases, so don’t think that just because the leaves look fine, the trunk doesn’t have a problem. In order to properly care for the tree and help it fight the disease, it’s important to identify what is causing the problem. Here are two of the most common diseases that may be causing your tree’s unhealthy condition:

Anthracnose – This is actually more of a symptom than a disease, and it is caused by a fungal infection. You may see irregular dead areas in the top of the tree or spotty blotches on the leaves. Other times, the entire leaf can show symptoms and appear to be dead. Cankers, a type of fungus, have been known to girdle everything from twigs to small branches, killing them off and damaging the tree. In an attempt to repair itself, the tree may regrow in an unusual way, giving it a gnarly appearance with crooked limbs. You may first notice symptoms on the leaves before it reaches the tree’s branches. By the time the fungus infects the smaller twigs and branches, it has a much higher chance of having a deadly outcome for the tree. This condition may be difficult to identify because the symptoms are similar to other diseases and can also be caused by poor environmental conditions.

Sooty Mold – Although sooty mold is not likely to cause much damage to the plant, it can be a nuisance for homeowners to live with. The disease is caused by sucking insects that leave behind a sticky substance called honeydew on the leaves, which sooty mold fungus then uses as food to thrive. This is, of course, how this disease got its name. Sucker bugs can include aphids, scales, and whiteflies, but trees that produce a sugary exudate can also be susceptible to sooty mold. Once these sucking bugs have begun to infest the tree in large numbers, it can quickly turn a tree into an unpleasant sight, as well as affecting things below the tree. Plants that are heavily infected can be covered with sooty mold in a matter of days or weeks, and even though its leaves are covered, the tree is still able to get enough sunlight and continue to grow in a healthy manner. The relationship between this fungus and the host plant is poorly understood.

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The Insanity Plea in a Criminal Defense Case

Posted by on Sep 18, 2017 in Criminal Laws, Criminal Lawyer | 0 comments

Imagine being a mother who returns home to find her child stabbed and dead in the master bedroom. Imagine being the child stripped of innocence and losing your life to a horrible act of violence. These unfortunate scenarios are a real-life horror story for a Naperville mother who killed her son and the girl she was taking care of at the time. She is currently pleading insanity in the case. According to interviews, the devil told her to do this and wanted to get revenge on her husband.

Chicago Tribune states a trial is set to begin for this Naperville woman who was accused of stabbing two young children to death, her son, and another young girl that she was taking care of. The courtroom proceeding will rely on dissenting opinions of her mental health during the incident. She will be charged with first-degree murder. Her criminal defense attorney will defend her with an insanity plea. The defense attorney refused to comment the day before trial, knowing it was important for the insanity plea to work. The mother has been held in custody since 2012.

The evening of the murder, the girl’s mother returned home from work and could not get in her home. She called the police and discovered a scene out of a horror movie. The detectives found the bodies of the two children in the master bedroom. They were stabbed multiple times and their throats were slashed. Robert Marshall, Chief Officer, commented that it was the bloodiest scene he had seen in his entire career. After the children died, the defendant was found at a Naperville home where she was staying with her other son. In the interview with the police, the mother took the children to church before returning home with them, where they would die. The children were in the master bedroom jumping up and down on the bed when she entered the room and told them to get on their knees and pray. She started stabbing the children as they were praying. She told the police she was hearing voices from the devil. The devil told her to save their souls by killing them. The woman also fought with her husband frequently and felt that she had to kill her son to get revenge on her him. Defense attorneys Resnick, the evaluator, and psychiatrist, is supposed to testify on her mental state during the trial.

While I validate the idea of an insanity plea, it is important to take care of each other and yourselves. The kids did not have a chance to protect themselves, so this incident is truly sad and unfortunate for all of those close to the situation.

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Will a Criminal Conviction Affect Your Divorce?

Posted by on Jul 22, 2017 in Criminal Laws, Family Laws | 0 comments

In itself, divorce is already legally complicated. According to the website of the BB Law Group PLLC, there are a variety of issues that may arise, such as those that involve alimony, child custody and visitation, child support, and property division.

But sadly, it can be more complicated, especially when a criminal conviction is involved. To answer the title of the article quickly – yes, a criminal conviction does affect the divorce. However, it is important to note that there are a lot of factors to consider, to determine how big a part this criminal conviction can play in the divorce process.

Financial Support

Alimony and child support are the main financial and domestic responsibilities associated with divorce. They are also aspects that can be influenced by criminal convictions. For example, if a spouse has a criminal conviction that is severe enough, he may have a hard time looking for a stable job, so he may not be able to give proper alimony and child support.

Generally, simple offenses like drunk driving don’t really matter, but that is not always the case. The website of the Law Offices of Mark T. Lassiter has enumerated the consequences for drunk driving – fines, jail times, and license suspensions. The license suspension is particularly problematic if the spouse’s job focuses on driving. So, in this sense, even a simple offense can greatly affect alimony, child support, and divorce overall.

Custody and Visitation

In child custody, the court will always look into the best interest of the child. A person who has a criminal conviction may not look very appealing for the court, especially if the criminal conviction shows that the parent is not in a good mental state to be with his child. This can make a parent with a criminal record lose out on child custody. There are even instances where visitation is strictly controlled or even entirely prohibited, especially on instances where the conviction involves the child directly, like on the instances of child abuse, domestic violence, and child endangerment.

Property Division

Usually, criminal convictions don’t affect property division. But there is always an exception. If a spouse has a history of fraud or any similar offense, there may be grounds for the court to investigate for assets that the spouse may be hiding, so they won’t be included in the division of property. But as said earlier, this isn’t really a big deal, when compared to how convictions affect financial support, custody, and visitation.

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Different Kinds of Road Defects

Posted by on May 10, 2017 in Personal Injury | 0 comments

Many car accidents happen because of the driver’s fault. The cause may be understandable errors, such as failing to negotiate a turn, or completely unacceptable ones, such as intentionally driving while drunk. But there are also instances where car accidents occur because of third parties.
Some of these instances involve road defects, and the parties that can be at fault are construction companies who are responsible for the design and construction of the road or jurisdictions who are responsible for the maintenance of the roads in their areas. According to the website www.mazininjurylawyers.com, those who have been injured because of road defects may get compensation from the responsible parties.
Of course, preventing accidents is still the more attractive choice compared to getting compensation for the damages. To prevent accidents, the first step is to know the possible road defects that can cause them.

Design Defects

Design defects are design issues that make the road more dangerous than what it should be. Below are some of the most common road design defects:

  • Absence of road and warning signs
  • Absence of traffic lights
  • Dangerously sharp curves and turns, especially on elevated roads
  • Little to no road shoulder
  • Overly narrow lanes
  • Ungraded curves and turns

Construction Defects

Even if the road has good design, it may still be dangerous because of poor construction techniques, such as the use of inadequate materials.

  • Poor drainage system, resulting into water buildup
  • Poor pavement, resulting into roads that can easily sustain cracks and potholes
  • Structural problems on bridges, freeways, ramps, and other connectors

Maintenance Defects

Roads should be maintained so they are always in great condition. Failing to maintain roads may result into defects that may put motorists at risk.

  • Debris on the road
  • Defective traffic lights
  • Faded white and yellow lines
  • Foliage buildup
  • Poor lighting
  • Unreadable road and warning signs
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