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The ChessboardSM
A newsletter for owners and managers of small businesses who want to do good deals, have contracts that work and protect their intellectual property.
October 2010
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From the Law Office of Philip L. Marcus
Your Small Business Lawyersm
Columbia, Maryland 21046 USA
Toll free 877-934-4766 (Col. 301-498-4766)
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 Welcome to my newsletter. Please let me know if there is a topic or question you would like me to talk about. Write to chessboard[at]SmallBizLawyer.us. And thank you for reading on.The contents of this newsletter and the linked destinations are not legal advice but general information--in specific situations please seek legal advice from an experienced attorney. Sincerely,
Philip L. Marcus, J.D.
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Can attorney's fees be fair to both attorney and client?
Often there is not enough understanding in advance on either side.
 Too often the fee for a legal service is higher than the client expected, or too high for the value the client puts on the result. Also, the fee may undervalue the time and energy the lawyer put in. Although lawyer and client stand in the same shoes when it comes to the legal matter itself, they have an built-in conflict setting a fee or a way to calculate it. But there are some new ideas about how to set fees--e.g., fixed, or by the month.
Read more by clicking here for my Articles web page, and then clicking on "Lawyers Fees are an Uncomfortable Subject." |
Lawyer-Joke Time
I am a lawyer. I can tell these. Just don't laugh so hard I can hear you.
A lawyer purchased a box of very rare
and expensive cigars, then insured them against fire among other things.
Within a month having smoked his entire stockpile of these great cigars and
without yet having made even his first premium payment on the policy, the
lawyer filed a claim against the insurance company. In his claim, the lawyer stated the cigars were lost "in a series of small
fires." The insurance company refused to pay, citing the
obvious reason: that the man had consumed the cigars in the normal
fashion. The lawyer sued...and won!
In delivering the ruling the judge agreed with the insurance company that
the claim was frivolous. The Judge stated nevertheless, that the lawyer held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them
against fire, without defining what is considered to be unacceptable fire, and was obligated to pay the claim.
Rather than endure lengthy and costly appeal process,
the insurance company accepted the ruling and paid $15,000.00 to the lawyer
for his loss of the rare cigars lost in the "fires."
NOW FOR THE BEST PART... After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON!!!! With his own insurance claim and testimony from the previous case being used
against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000.00 fine.
Oh, you liked that one. Try this one:
A defense attorney was cross-examining a police officer during a felony trial -- it went like this.
Q. Officer, did you see my client fleeing the scene?
A. No sir, but I subsequently observed a person matching the description of the offender running several blocks away.
Q. Officer, who provided this description?
A. The officer who responded to the scene.
Q. A fellow officer provided the description of this so-called offender.
Q. Do you trust your fellow officers?
A. Yes sir, with my life.
Q. With your life? Let me ask you this then officer -- do you have a locker room in the police station -- a room where you change your clothes in preparation for your daily duties?
A. Yes sir, we do.
Q. And do you have a locker in that room?
A. Yes sir, I do.
Q. And do you have a lock on your locker?
A. Yes sir.
Q. Now why is it, officer, if you trust your fellow officers with your life, that you find it necessary to lock your locker in a room you share with those same officers?
A. You see sir, we share the building with a court complex, and sometimes lawyers have been known to walk through that room.
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Does the company own the I.P.?
Or does it belong to the individual who did the work?
When you start a new company for the purpose of creating technology such as patents and copyright software, you need to make sure you have an agreement in place to make it clear whether the IP created belongs to the company or to the team member who created it. Otherwise success can bring the expense of litigation.
Read more.Click here for my Articles web page, and then click on "Who Owns the Company IP."
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Patents, copyrights and trademarks are all different
Thinking about them as variations on the same intellectual property can get you in real trouble.
They have different durations, different proofs and remedies for infringement, different purposes, different things protected, and different ways of getting to own them. And two different government agencies register them.
Read more. Click here for my Articles web page, and then click on "Copyrights,
Patents and Trademarks are like Spanish, Russian and Chinese."
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Articles Online--a dozen and a half articles full of great ideas for your business.
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Great marketing novelty--the business card notebook. I use them.
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"Don't get an attorney involved--lawyers are deal breakers."
Yes, sometimes your lawyer will break a deal that should be broken--it isn't ready for prime time. A good lawyer like Phil Marcus will creatively make the deal happen but also protect you.
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Off-site Backup for business, with full support and very reasonable cost. You'll care which backup you use when you need to restore.
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About Us
Law Office of Philip L. Marcus, the Small Business Lawyer
Cherry Tree House, Columbia, Maryland 21046-1818
Toll-free 877-934-4766 (In Columbia 301-498-4766)
Fax 301-368-2464
35 Years' experience in law and business. MIT-trained.
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Fall Book Deal
 This recently published book teaches a powerful new way to negotiate successfully without fear and distraction, even if you have little or no experience.
Click here to order or learn more.
List Price: $21.95
Special Price: $17.95 with free additional book while they last. S & H: Free(Recently chosen for Spanish translation for Latin America.) Free--chapter 1, download now.
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Free Consultation
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In most cases your initial half-hour telephone consultation is Free
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