A supplier agreement is an agreement between a supplier and another party. Generally, the other party is a business or company. A supplier may refer to a manufacturer, processor, packager, distributer, wholesaler, dealership, or merchant. The agreement is a consensus between the two parties regarding the rights and obligations surrounding the supplier’s business relationship with the other party.

Generally, the supplier agreement will cover a number of issues. First, the terms and conditions of the agreement will be spelled out. The effective date and term of the agreement will be specified. The specific products or services provided will be stated. Any issues of liability will be addressed. The terms and rates of payments will be discussed, as well as arbitration details. Any conditions under which the agreement will be terminated will also be laid out in the agreement. Any warranties and/or disclaimers will also be included.

Confidentiality and non-disclosure may be addressed as well. There will probably be a limitation of liability in the supplier agreement as well as indemnification. Supplier agreements are used for a wide range of products and materials from scientific research to manufacturing companies. Supplier agreements cover the terms for providing signs, medical equipment, tires, and vehicles. They are used to cover words and articles as well as materials and labor. Suppliers may be providing a supply of goods or services, advice or information, real property, financial supplies, or actions.

The other party may be an individual, an association, an organization, a company, a corporation, a partnership, or a firm. The supplier agreement is necessary to ensure that there are guidelines to provide a regular supply of the materials, goods, or services as needed. Supplier agreements can protect both the supplier and the party receiving the supplies. Many companies have begun to create supplier agreements that cover longer periods of time.

This can benefit both sides, as the supplier is guaranteed to have a market for whatever they are providing, while the party receiving the product is able to maintain set terms - and generally save money. If you have a good working relationship with a particular supplier, you may want to look into creating a long-term supplier agreement. As with any legal document, it makes sense to have a lawyer either draft the agreement or at least look it over.

If you choose to write your supplier agreement yourself, then the easiest thing to do is download a premade supplier agreement form from a legal document company. You then need to simply fill in the pertinent details and have both parties sign and date the agreement. A supplier agreement template should provide you with a document that is easy to use and simple to understand.

It will help you to easily define the terms and conditions to be included. These prepared forms can save you time and effort. Using a form for your supplier agreement should allow you to create a supply agreement more quickly while ensuring that you cover all of the necessary terms and conditions. To see a sample supplier agreement click here.

Popularity: 14% [?]

A letter of intent or “LOI” is a document outlining an agreement between two or more parties before the agreement is finalized. Letter of Intents resemble written contracts, but generally are not binding upon the parties. The purpose of an LOI may be to clarify the key points of a complex transaction for the convenience of the parties, to declare officially that the parties are currently negotiating as in a merger or joint venture proposal, or to provide safeguards in case a deal collapses during negotiation.

Non-binding letters of intent for the purchase of a business or business assets should be drafted carefully and may include most or all of the following elements:

• Total compensation offered including breakdown (size of security deposit, down payment, seller-financed debt, bank debt).
• Warranties of clear and marketable title.
• Detailed list of all liabilities and assets to be purchased.
• Assurances of the validity and assumability of contracts (if applicable).
• Tax liability limitations.
• Operating condition of all equipment and machinery at time of purchase.
• Stipulations allowing buyer to adjust the purchase price in the event that: 1) undisclosed liabilities come due after settlement, and 2) actual inventory purchased does not match amount specified in sale agreement.
• Provisions that the business passes any and all necessary inspections.
• Provisions that final sale is contingent on verification of financial statements, license and lease transfers.
• Provisions that final sale is contingent on obtaining financing for purchase.
• Restrictions on business operations until final settlement.
• Non-competition and advisory clauses (these are sometimes arranged in a separate document).
• Allocation of purchase price.
• Date for settlement (may also include “drop dead” date at which both sides agree to discontinue negotiations).
• Business experts say, however, that most letters of intent are primarily concerned with delineating only the major terms of the transaction. Indeed, a small business owner who ends up negotiating numerous minor details in a letter of intent may as well skip the step entirely and proceed directly to a binding purchase and sale agreement.

Major terms that should be included in a letter of intent, however, are as follows: Total price to be paid, including down payment and installment payments, description of assets or stock to be sold, tax allocation of the price among fixed assets, goodwill, non-compete covenants, and consulting fees, and target dates for contract signing and closing. Of these components, price and payment terms are easily the most important elements of the letter.

Popularity: 4% [?]

Law Firms are notorious for constantly seeking out mergers, acquisitions, and various other expansion and contractions. 2008 was like many years, where the effects of mergers of previous years had a direct effect on the profitability of firms. One would expect that a merger would result in busier associates, and more profit coming in, but that is not always the case.

Take for example the Thelen, Martin, Johnson & Bridges + Reid & Priest merger of July 1998. Both fairly reputable firms, having experience in profitable ventures decide to team up. From the outset one would likely expect immediate or at least quick success. The current Co-Chair Stephen O’Neal said about the project that “It was definitely a seminal event for our careers and the history of the firm.” Considering the fact that the firms were on opposite sides of the US, it was a definite benchmark as far as mergers go.

For many years after the merger was put into action, the new firm faced some fairly harsh criticism for its lack of expansion into new areas. This is typical of many mergers between law firms, where it takes time for the different cultures to congeal into a more efficient mechanism. However, things still don’t seem to be going that well for Thelen. In 2006 they merged again, with New York’s Brown Raysman Millstein Felder & Steiner, in an effort to capitalize on practice beyond their previous scope. In addition to this, they expanded internationally, expecting to find growth in other markets. However, it appears more restructuring is in order since this spring they had a fairly large layoff of 100 associates.

While it’s true that more often than not, properly executed mergers do result in higher profits, it’s not always the case and sometimes the market will shoot down even the best of intentions. The number of firms which benefited from mergers this year is fairly staggering, and overall growth of the AmLaw’s top 100 firm’s profits is something you can take to the bank.

Popularity: 5% [?]

Accidents, mistakes and misunderstandings can happen in any business. Some are settled amicably, others grow into full-blown disputes, and before you know it you could be facing a legal claim.

Being sued is stressful, time-consuming and expensive. Even if you win the case the disruption to your business can outweigh any financial gains. A key objective for most businesses is to avoid being drawn into litigation in the first place and here we outline the steps freelancers can take to safeguard their business against litigation.

Eight steps to safeguard your business

1. Professional contract agreements.
   No work should be done without a contract. Always have one in place that defines scope of services and terms of remuneration before you commence an assignment. Without an agreement the opportunities for misunderstanding and controversy are numerous.
2. Documentation and tracking changes.
   A common source of dispute is when the client believes they have asked for a solution that does one thing only for the freelancer to deliver a solution that does another. Know who is responsible for when things go wrong. Meticulously document client requirements and be particularly vigilant when changes creep into a project - as it is easy to lose track of them. Make sure all changes are costed and signed off. These records will be of immense value in defending against legal claims.
3. Checking work.
   Freelancers are not required to be perfect. However, this does not relieve them from the obligation to check their work because this is one of the standard systems used to discover and correct errors. Errors, per se, are not evidence of malpractice, but failure to check the work product is.
4. Communications with the client.
   Many of the claims made by clients are not for serious damages but are based simply on discontent and dissatisfaction with the Freelancer. This is often brought on by the Freelancers own lack of consideration of the client. Seemingly minor things such as missing deadlines, lateness to meetings, unavailability by telephone, failure to return emails, and failure to keep the client informed at all times. With this background of discontent, a real problem such as exceeding the cost or time budgets will trigger an avalanche of serious legal problems. The best way to keep clients happy is to treat them with respect, keep them informed, and maintain a friendly relationship.
5. Early recognition of potential disputes.
   When issues do arise, dealing with them quickly and professionally can prevent them developing into a major problem. Burying your head in the sand never makes disputes disappear. Deal with complaints in an appropriate way and seek advice from a solicitor who understands IT law if your issue escalates. Most insurers offer a free 24 hour advice helpline, which will put you in touch with experts on how to best handle your situation.
6. Early recognition of potential disputes.
   When issues do arise, dealing with them quickly and professionally can prevent them developing into a major problem. Burying your head in the sand never makes disputes disappear. Deal with complaints in an appropriate way and seek advice from a solicitor who understands IT law if your issue escalates. Most insurers offer a free 24 hour advice helpline, which will put you in touch with experts on how to best handle your situation.
7. Meeting budgets
   • Costs.
     Clients become very dissatisfied and resentful when costs exceed the approved budget. In such situations, the client may give serious consideration to making claims against the freelancer as well as withholding payments of professional fees.
   • Time.
     Overall scheduling of a project should be realistic and should be updated whenever necessary. Client approvals should be sought all along the way. When the client is counting on use of the project at a certain date, failure to receive it will often be very expensive. Freelancers must avoid being a contributing factor in schedule slippage by failing to make prompt decisions and delivering work late.
8. Fees and charges.
   Many client dissatisfactions are based on fee disputes. In some cases this is because the billing is not clear and consistent with the written contract. All invoices should be rendered on time and strictly in accord with the contract. If the bill is not paid within a reasonable time, the best thing to do is talk to the client to find out if there is any misunderstanding. A billing adjustment to satisfy a client at this point will usually be less costly than fighting and paying lawyers later.
9. Have an up to date Professional indemnity insurance policy in place.
   Litigation is always costly, however big or small your case is. It makes sense to have an up to date Professional Indemnity Insurance policy to defend your legal position-just in case. Read the policy wordings carefully and make sure they are relevant to your profession.

Although we may never achieve perfection, we can at least try. By being constantly alert and aware of the usual sources of errors, we might lessen their occurrence. From time to time we should stand back and take a good objective look at our operations. Even minor improvements could prevent or avoid some economically ruinous claims. These suggestions above are not all-encompassing, but should help you avoid being sued by your client.

The above article was provided by Coulson Pritchard Associates, specialists in professional indemnity insurance solutions. They can be contacted on 01480 470220 for further information or visit at http://www.freelanceinsure.co.uk

Popularity: 3% [?]

There are several subjective misconceptions regarding the role of lawyers in society. Many conceived that a lawyer only deals matters of law at all times.

There were also suspicions that lawyers are expert in the unfamiliar underground world of red tape in government. To some, they unfavorably settle that lawyers are the creator of trouble that aggravated issues.

Where defendant’s net income was higher than plaintiff’s, where plaintiff had the custodial expense of her son, and where defendant’s actions required plaintiff to be involved in substantial judicial processes to enforce her rights, the trial court’s ruling denying plaintiff’s request for fees and costs was against the manifest weight of the evidence.

An order for attorney fees under subsection (b) of this section does not permit the balancing tests normally applicable to the question of attorney fees; instead, under this subsection, the court is simply to decide what the costs and reasonable attorney fees of the prevailing party are and to order them paid by the party found to have failed to comply with the order or judgment without cause or justification. The legislature in tended this result to serve as a sanction against parties in marital cases who willfully disobey court orders. Where husband was found in contempt for failing to comply with a dissolution order, the trial court correctly found that wife was entitled to an award for attorney fees incurred in connection with the enforcement of that order, regardless of husband’s ability to pay. Given that the instant action was brought to enforce the agreement which was made a part of the order of dissolution and that subsection (b) of this section does not require the court to determine the financial abilities of the parties prior to awarding attorney fees in such actions, the trial court was not required to consider the financial ability of petitioner to pay her attorney fees.

A party who must seek court enforcement of the terms of a judgment of dissolution is entitled to reasonable attorney fees, even absent a showing of that party’s inability to pay the fees and the other party’s ability to pay, where the failure to comply with the terms of the judgment is without cause or justification. Subsection (b) is a mandatory provision by which the trial court must, in a child support enforcement proceeding, order the noncustodial parent to pay the custodial parent’s costs and reasonable attorney fees.

Where an ex-husband received a cash disbursement of his pension plan, he should have honored his divorce settlement agreement and divorce decree and paid to his deceased ex-wife estate the portion due her under the agreement; since the estate was obligated to bring suit and appeal to enforce the decree and agreement, the estate of the deceased was entitled to recover attorney fees.

While respondent may not have willfully and contemptuously miscalculated when he multiplied $50 per week by four weeks to arrive at his payment of $200 per month, the respondent failed to pay without cause or justification and therefore was obligated to reimburse petitioner for reasonable attorney fees.

Where the trial court explicitly found that husband’s failure to pay child support was without cause or justification, no finding of wife’s financial circumstances was necessary by the court in order to award her attorney fees pursuant to this section. A party who must use judicial process to enforce rights under and to secure compliance with, the terms of a divorce judgment is entitled to reasonable attorney fees, even absent a showing of the party’s inability to pay.

By: David Siegel

New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases. Divorce Lawyers New York

Popularity: 2% [?]

How do find out about rival firms, their dealings and weaknesses? It doesn’t require hiring spies or engaging in corporate espionage. It just takes time and the appropriate resources to engage in competitive intelligence (CI). It isn’t hard to do and in fact, it may be a critical component of your professional future.

What is Competitive Intelligence?

The Society of Competitive Intelligence Professionals describes CI as a systematic and ethical program for gathering, analyzing and managing external information that can affect your company’s plans, decision and operations’.  So what does this mean to a law firm? It is about understanding competitive and complementary firms, potential clients and industry trends so that you can make smart marketing decisions and ensure your share of legal dollars from a client’s legal budget. Law firms need to know what is happening around them in order to bring in new client business and survive.

Know Your Competitors

Competitive intelligence does require reading between the lines, but there is an amazing amount of potentially helpful information that can be easily mined from the internet. CI can start with news and basic research and evolve from there. A researcher can discover what a rival’s strategy is by watching for news stories regarding their business.

They can unearth information from their company website, marketing materials, creating and examining lists of publications from a law firm, their charitable contributions and advertisements. From all this, you can extrapolate their business strategy.

Know Your Potential Clients

A firm can also use this information to make better decisions about romancing new clients. Beyond looking at their website and directories, you can also review state business records, SEC filing of the company if it is public, obtain news about its executives and look for complaints and settlements the pertain to the company. You will get an idea of their needs and what their management is thinking.

If a company has kept the same legal council for the last decade, they may not be a smart place to expend effort in possibly doing business. However if this same company has a new CEO, perhaps they might be positioned to look to a new firm. If you notice a certain company changes law firms with the seasons, then they may be too much of a liability to pursue. All of this information can be discovered through competitive intelligence.

Stand by you Ethics

The one thing that competitive intelligence is not is unethical. CI does not involve dumpster diving or dealing in lies. It is not unlawful espionage. It should not be undercover work. Most of what a law firm needs to know is available publicly. What is not readily unearthed on the internet can often be found simply by making a few phone calls and asking the right people questions.

Most major corporations have CI experts on staff, but the legal business is slow to follow suit. Likely this is because CI work is not generally billable to clients and must be budgeted in elsewhere. However, these days the competition is stiff and payoff can be huge, so adding competition intelligence to your firm’s work may be worth adding into the budget.

A great way source of competitive intelligence is seeing the legal documents your competitors or companies in similar industries are drafting. You can search over 10 million legal documents and clauses for free at RealDealDocs.

Popularity: 3% [?]

For non-lawyers, conducting legal research can seem like an overwhelming challenge. But it doesn’t have to be, if you know where to look.

First, define the specific information you need and determine the jurisdiction. Once you know which court or government agency handles your area of concern, you’re ready to start researching.

But before you begin, you need to learn about citations and abbreviations. Law books are cited in this sequence: volume number, book and page. For instance, 380 U.S. 97 indicates volume 380 of United States Reports, page 97. Statutes are cited by the statute title and section number. For example, 42 U.S.C. § 7622 for title 42 United States Code, section 7622.

Most public libraries, especially the larger ones, have resources for legal research. Law school libraries also are open to the public, providing depository libraries of federal materials. Many federal publications now are available online at www.access.gpo.gov, as the Internet is increasingly being used for legal research.

Simply “Googling” a specific topic is not the most efficient way to go, especially considering the soaring number of “spamdexing” sites you’ll have to sift through in your search results. Instead, visit sites specifically designed for legal research including RealDealDocs, www.realdealdocs.com; FindLaw, www.findlaw.com; LexisOne, www.lexisone.com; The Legal Information Institute, www.law.cornell.edu; Washburn University School of Law, www.washlaw.ed; The American Bar Association, www.abalawinfo.com; and HierosGamos, www.hg.org.

While doing a web search via Google can be a hit or miss approach, using it to search for news stories related to your topic often yields very helpful information. Just run a search on Google’s main page and then click on the “News” link. Or you can start your search directly from Google’s News site at www.news.google.com.

To get an overview of a topic, legal encyclopedias are a good place to start: Corpus Juris Secundum (C.J.S.) and American Jurisprudence 2d (Am. Jur. 2d). Many states also publish encyclopedias of state laws.

Also useful are articles published in bar association journals or law schools reviews. You can look up a specific topic in printed or computer indexes including Index to Legal Periodicals or Legal Resource Index. In some cases, you may find free articles online at such sites as the University Law Review Project at www.lawreview.org or the Jurist’s Law Review page at www.jurist.law.pitt.edu/lawrev.htm.

Codes contain legal rules known as statutes, regulations or ordinances, which are mandatory. You can access codes through an index that refers you to a numbered section. To keep them current for research, they are updated by supplements or pocket parts or are in looseleaf form.

Many public libraries and all law libraries have a copy of local state code, as well as city or county ordinance codes. Most state and some local law can be found online using directories such as Piper Resources’ State and Local Government on the Net at www.statelocalgov.net/index.cfm. Or you can use the URL address www.state.xx.us, and fill in your state’s postal abbreviation where the “xx” is shown.

For questions with federal jurisdiction, look to these resources: United States Code (U.S.C.), United States Code Annotated (U.S.C.A.), or United States Code Service (U.S.C.S.). The U.S.C. is available on the Web at uscode.house.gov/, but other sites containing the U.S.C. (such as www.law.cornell.edu/uscode/ and others mentioned herein) provide simpler ways to locate a statute.

Of course, those with the financial means can always hire an independent paralegal to conduct legal research for them. These freelancers can also assist you with any forms preparation you may need. More information is available on the National Federation of Paralegal Associations site at www.paralegals.org.

Click Here to Search over 10 Million Legal Documents & Clauses for Free!

Popularity: 3% [?]

Attorneys and legal assistants researching information have many tools that weren’t available twenty years ago. Gone are the endless days in the library stacks because much can be done remotely from the comfort of your own office. However, just because more material with better technology is available, does not mean that it’s time-saving in the end. Understanding the resources available and right resources to utilize, however will save you time, frustration and end the end, money. Even more important than being acquainted with your resources and also having a plan.

Legal Research - Making a Plan

Start with a brief write up of what you hope to find. It is easy to get sidetracked as more information comes to light, so having a written goal to refer to will help you stay on topic. Then decide how exhaustive will your search be. Keep in mind how much information is really necessary. If you are working on a case for someone else and they really only want an overview, you don’t want to waste time. If your client will be put off by certain charges such as Lexis or you need to worry about the amount of hours you bill, you’ll need to keep that in mind as you develop your plan.

Now you can make a list of where you know you should start looking for the appropriate information. What jurisdiction is your case in? Will you need to examine federal or state, court or administrative decisions? Is it necessary to look at regulatory or legislative sources? Or will you need to look at a combination of these resources?

Supplement this list of resources with thoughts from the expert attorney on the case if there is one or consult a reference librarian. The librarian of course cannot help you interpret the text, but the librarian or an expert attorney may be able to direct you to the most recent articles and the books that are considered “bibles” of the topic into which you are delving. You can then add to your plan and adjust it as you go. If you stay organized, you will be more likely to be successful in your search.

General Legal Research

If the research that you need to do is not specifically legal, there is a tremendous amount of resources that are now available over the internet. Most public libraries offer their catalogues online, giving patrons the opportunity to not only check the stacks without leaving the office, but in come case, giving them access to online databases. With a library card, patrons to some libraries can log on remotely and use even the for-pay databases.

If your research requires data on public figures, businesses, associations and similar information, with the right library access, you can do it all from your home or office. Digging up this type of information may be helpful in investigating the background of clients, an expert witness or the opposition.

Make a plan, talk to experts regarding available material, learn what is available at the law library, the public library and online and get to researching. To see actual examples of actual legal documents & clauses be sure to visit RealDealDocs and search for free.

Popularity: 3% [?]

More than ever before, real estate brokers are promoting the use of buyer agency agreements — a contract stating that the broker will represent the buyer as his agent and that the broker’s job is to find a suitable property for the buyer.

Because these agreements are legally binding and give the broker specific authority, buyers should fully understand their rights and responsibilities before signing on the dotted line.

These agreements are promoted as giving buyers a stronger level of representation due to the fiduciary relationship they create. Once the agreement is signed, the broker must champion the buyer’s interest every step of the way.

Three types of buyer agency agreements are used by today’s realtors:

1.Exclusive buyer agency agreement (or exclusive right to represent)

With this completely exclusive agency agreement, the buyer is legally bound to compensate the agent at the time when the buyer purchases any property of the same type as described in the contract. Regardless of whether he or she locates the property, the broker is entitled to payment. Even if the buyer finds the property on is own, the agent is still owed payment.

2.Exclusive-agency buyer agency agreement

Similar to an exclusive buyer agency agreement, this exclusive contract is between the agent and the buyer. But with this type of agreement, a limit is placed on the broker’s right to payment; the broker is entitled to payment only if he or she actually finds the property that the buyer purchases. Therefore, the buyer is free to locate a suitable property with no obligation to pay the agent.

3.Open buyer agency agreement

This is a nonexclusive agency contract between a buyer and a broker permitting the buyer to enter into similar agreements with an unlimited number of other brokers. Only the broker who actually locates the property that the buyer eventually purchases is entitled to compensation.

Before entering into a buyer agency agreement, there are some important considerations for the broker and buyer to discuss. First of all, the broker should make the same disclosures to the buyer that he or she would make to a seller in a listing agreement. The buyer should fully understand the three types of agency available and the parties’ rights and responsibilities under each of them. This means that the broker should clearly explain the specific services provided to a buyer-client entering into each type of agreement.

In addition, the matter of compensation must be discussed in detail. For instance, buyer’s agents may be paid a flat fee for services, an hourly rate, or a percentage of the final purchase price. In some cases, an agent may request a retainer fee upon signing the agreement, in order to cover the initial listing and promotional expenses. This retainer fee may be applied as a credit toward any fees due at the time of closing. A buyer’s agent also may be compensated by sharing the commission that the seller pays.

Buyer agency agreements provide agents a comforting level of reassurance that their efforts will not go unrewarded, motivating them to work even harder for the buyer. Of course, for buyers they must balance provide financial guarantees to agents against the risk of limited or poor performance. To search millions of legal documents & clauses for free visit RealDealDocs.com

Popularity: 3% [?]