October 2023

High Swartz | October 10, 2023

Introduction to Criminal Justice

No doubt you're aware of the criminal justice system on some level.

It's easy to glean some of its essential functions from all the crime shows on television. But it's worthwhile understanding the design on a deeper level. So, here's an introduction to criminal justice.

The criminal justice system in the United States is complex, with an ever-evolving system of laws, institutions, and practices. Its core purpose is to protect the public, ensure justice for victims, and rehabilitate offenders. So, it's not surprising that it faces ongoing challenges and scrutiny.

Despite those challenges, the criminal justice system plays a vital role. It not only seeks to deliver justice for victims but also seeks to protect the rights of the accused.

The system relies on three primary layers --the police, courts, and corrections. It includes a series of steps along the way to accomplish its objectives.

Introduction to Criminal Justice - Its Structure

Few crimes fall under federal jurisdiction. Drug trafficking, white-collar crime, and kidnapping are some examples of federal crimes. Otherwise, state and local governments handle the response to most crimes.

For example, police protection is primarily a function of cities and towns. Corrections are mainly a state government function. And most criminal justice personnel reside at the local level.

State constitutions and laws define the criminal justice system within each state. The states then delegate responsibilities to various jurisdictions, officials, and institutions.

Municipal and county governments further define the system through local ordinances.

Introduction to Criminal Justice: The 3 Key Elements

The criminal justice system comprises law enforcement, the courts, and corrections. Here's a closer look at each.

Law Enforcement

Law enforcement is responsible for investigating crimes, apprehending suspects, and collecting evidence. Agencies include police departments, sheriff's offices, and state and federal law enforcement agencies.

The police and other law enforcement officers and agencies are the first responders to incidents and reports of crimes. Their primary roles include maintaining public order, preventing crimes, and apprehending offenders.

Courts

Court levels include local, state, and federal, varying degrees and types of cases. Their primary function is interpreting the law, ascertaining facts, and imparting justice impartially.

Judges oversee legal proceedings and apply applicable laws. Prosecutors represent the government, aiming to demonstrate the accused's guilt through presenting evidence and legal arguments. And criminal defense attorneys protect the rights of the accused.

State Courts

The court system is responsible for assessing criminal trials and ensuring due process. It determines the guilt or innocence of accused offenders. It also imposed sentencing for those found guilty.

Levels include state and federal courts. For example, the Pennsylvania Court System consists of three levels:

- Minor courts
- Courts of Common Pleas
- Intermediate appellate courts

Appellate courts include the Commonwealth Court and the Superior Court. The Supreme Court of Pennsylvania exercises authority over all other courts.

Federal Courts

The federal court system has three primary levels:

- District courts or trial courts
- Circuit courts for appeals
- Supreme Court of the United States for final appeals

Corrections

Corrections supervises and punishes criminal behavior and offenders. Agencies include prisons, jails, and probation and parole departments.

Prison systems range from minimum to maximum security, depending on the nature of the crime and the sentence duration.

The corrections system also seeks to rehabilitate offenders for re-entry into society once released. It provides educational programs, vocational training, therapy, and more to support that mission.

Introduction to Criminal Justice: The 10-Step Process

The criminal justice process represents a series of 10 steps. Those steps start at the beginning of a crime and end with punishment or release from prison.

Someone reports a crime to a police officer or other law enforcement official. Law enforcement agencies then investigate, gather evidence, identify suspects, and build a case to lead to an arrest potentially.

Following an arrest, the criminal cases go through 10 steps.

Filing of Charges: A prosecutor reviews the evidence and decides whether to file charges based on sufficient evidence.
Initial Appearance: The accused receives the charges against them in court. The judge also addresses bail and potential release until the trial during that appearance.
Preliminary Hearing: A preliminary hearing or grand jury proceeding determines if there is probable cause. If so, there's an arraignment.
Arraignment: The court tells the defendant the charges and asks for their plea - guilty, not guilty, or no contest. If the plea is not guilty, the judge sets a date for pretrial motions and the trial.
Discovery: The prosecution and criminal defense lawyer share evidence through discovery. Each side must disclose their evidence to each other. Then, each prepares their case. Preparation typically involves gathering additional evidence, interviewing witnesses, and developing a legal strategy.
Pretrial Motions: Both sides file pretrial motions to request specific actions before the trial. For example, a criminal lawyer may ask to dismiss parts of the case. They might also ask to exclude or include evidence or change the trial venue. The judge then rules on the motions.
Bench Trial: Both sides present opening statements to give the jury a road map for their case. The prosecution and defense attorney present evidence, call, and cross-examine witnesses. Both sides summarize their case, attempting to persuade the jury of their position. The jury then deliberates to reach a guilty or not-guilty verdict.
Post-Trial Motion: After the trial, if the jury finds the person guilty, the defense attorney can ask the judge to change the decision. The judge rules on the motion.
Sentencing: With a guilty verdict, both sides may offer sentencing recommendations. They can also present mitigating factors impacting sentencing. Afterward, the judge determines the appropriate punishment. It may include fines, probation, community service, or imprisonment.
Appeals: The criminal defense lawyer may appeal a guilty verdict, contesting the trial's fairness or the interpretation of the law. The appellate court reviews the case for legal errors and upholds or overturns the ruling.

Introduction to Criminal Justice: Its Challenges

With any complex system, challenges arise. And the criminal justice system is no different.

One of the more prominent issues is overcrowding in prisons. Unfortunately, the inmate population significantly exceeds the capacity and resources available. Sadly, the United States owns over 25% of the world's prison population.

In 2022, the inmate population was approximately 2.1 million. The good news is that it represents a decrease over the past decade. The bad news is that it still challenges the U.S. prison system.

The United States spends more than $80 billion per year on prisons (Bureau of Justice Statistics). Those monies support staffing and meeting the basic needs of the more than two million prison population. States spend more than $45,000 on average to keep each prisoner.

Racial Disparities in the Criminal Justice System

Overcrowding aside, racial disparities riddle the criminal justice system. For example, the NAACP reports that one out of every three Black boys born faces a potential prison sentence. That compares to one out of six Latino boys and one out of 17 White boys.

According to Pew Charitable Trusts, in 2022, Black people face a prison sentence four times more often than White people.

Recidivism in the Criminal Justice System

Another massive challenge facing the system is recidivism, those returning to prison after release. For example, a Pennsylvania study examined the concern.

It showed that of those inmates released from prison, 40% returned within a year. Nearly 65% returned within three years of release. Over half (54%) of parolees re-incarcerated within three years of release are re-incarcerated for a technical parole violation (TPV).

The issue impacts budgets dramatically. Prison re-entrants occupy more than half of PA DOC beds. They make up about $1.2 billion of the department's annual budget.

Montgomery County Criminal Defense Lawyers

It can be sobering if you're being introduced to the criminal justice system for an offense. It's not something you should face alone. You must find a criminal justice lawyer with the experience to handle your specific issue, whether drug charges, robbery, or worse.

Our criminal lawyers handle charges of all types. Equally important, they can conduct criminal trials at all court levels. So, call us immediately if a law enforcement professional charges you with a crime.

Our criminal law office is in Norristown, PA. However, we represent clients throughout southeastern Pennsylvania in Chester, Bucks, Philadelphia, and Delaware counties.

High Swartz | October 9, 2023

Property Tax Appeal in PA

Property tax assessments are critical components of real estate ownership. They impact both commercial and residential property owners. And while they are necessary, they aren't always correct and subject to a property tax appeal.

You should consider filing an appeal if your tax assessment is out of line. It ensures fairness in property valuation. Consider talking with a real estate attorney near you to help with the tax appeal process.

High Swartz attorneys serve residential and commercial clients in Montgomery County and Bucks County.

Understanding Property Tax Assessments

In Pennsylvania, several sources assess property tax rates -- counties, municipalities, and local taxing authorities like school districts. Consequently, property tax levies vary according to your address.

Your PA county tax assessor is the primary resource for understanding local property taxes and valuation. Moreover, how much you'll pay on the assessed fair market value varies by county. Nonetheless, all PA property taxes reflect the assessed value of your home.

Mill Rates

Mill rates reflect the total value of property within your jurisdiction. They provide tax revenue to cover projected expenses in your jurisdiction's infrastructure. That includes items like police and emergency services and public schools.

The millage rate determines what you pay for Pennsylvania property taxes. Your property tax equals your property's assessed value times the millage rate. Mill rates frequently vary for different property types, such as residential, commercial, or industrial properties. So, you may consider filing a property tax appeal if your property is incorrectly recorded.

Because real estate values fluctuate, tax assessors typically update the property's taxable value yearly. However, one constant aspect in Commonwealth is that one mil represents $1 for every $1,000 assessed value.

Calculating Your Assessed Value

The formula is Property tax levied on property = (mill rate x taxable property value) ÷ 1,000.

So, let's assume your mill rate is 7, and your residence has a taxable value of $150,000. Based on the formula, your tax bill is $1,050. So, $150,000 times 7 equals $1,050,000, then divide that by 7, and you get $1,050.

But here's the thing: assessments aren't perfect, as errors can happen. Plus, market values can shift, making your tax bill seem exorbitant. Hence, you have the option of filing a property tax appeal.

5 Reasons to Consider a Property Tax Appeal

Tax appeals ensure you don't pay an inflated tax bill. There are compelling reasons to examine your assessment, whether you own residential or commercial property.

Here are five reasons you might want to consider a property tax appeal:

1. Property Value

It's not uncommon for commercial and residential property to reflect an over-valued assessment. That can stem from outdated assessment techniques or changes in property market values.

It's a good idea to use a third-party assessor to help determine the value of your home. For example, a real estate agent can help you determine whether the assessment is fair. Their analysis can illuminate whether or not contesting an assessment is worth the time and expense.

2. Inaccurate Property Descriptions

Sometimes, assessors record information incorrectly. For example, the description of a property, its size, number of rooms, or even its usage isn't accurate.

For example, get a copy of your tax records and review it for some of the following to determine if you should file a property tax appeal:

Is your home correctly classified as residential property?
Is the size of your home and the lot accurate?
Is the number of bedrooms and bathrooms correct?
Are defects in your home, such as a leaky basement or an aging roof, mentioned?
Is the age of your home accurately stated?
Is the purchase price accurate?

3. Comparable Values

If a property like yours receives a lower assessment, you might have a compelling case for an appeal. For example, find several homes of similar age and square footage. Then, see how their assessments align with yours.

Search in your area for recent sale prices of homes similar to yours on a website such as Zillow.com or Realtor.com. Any sales in the past few months may have occurred after your assessor's latest property evaluation.

4. Economic Hardships

Events like regional economic downturns, pandemics, or natural calamities can affect property values. It's only fair that tax assessments reflect these changes.

5. Legal Changes

Tax laws evolve, so staying updated can reveal new exemptions or reductions applicable to your property type. Again, that's where a real estate lawyer can be a valuable resource.

How to File a Property Tax Appeal

Most Pennsylvania counties have appeal deadlines 2023 between late July and September 1. However, Philadelphia extends its deadline until October 2, 2023.

You can file an appeal with the appeal board via email or online. More details are available from the Department of Revenue. You can file your appeal form here if you're living in Philadelphia.

One widespread myth is that challenging assessments will inevitably lead to higher taxes. This is only sometimes true -- presenting a solid case backed by evidence can lead to a reduction instead.

By the way, if you’re transferring a commercial or residential property, you’ll want to familiarize yourself with transfer taxes. For example, Philadelphia’s transfer tax is among the highest in Pennsylvania.

The Importance of a Real Estate Attorney for a Property Tax Appeal

You don't need to hire a real estate attorney to file a property tax appeal. However, the process requires expertise to navigate the legal intricacies and address essential details for your tax appeal.

A local real estate attorney owns valuable insights into real estate law. Additionally, they can simplify the process and reduce the risk of overlooking critical elements. As a result, they can significantly increase the chances of a successful appeal.

Before meeting with an attorney, you’ll need to document the current value of your property and its assessed value.

Our law firm serves clients in Montgomery County and Bucks County. Best Law Firms recognized in their 2023 edition for real estate law in Philadelphia. So, if you're ready to challenge your property tax assessments, call us.

High Swartz | October 9, 2023

How to Avoid Lawsuits

The business world faces challenges, with legal issues just one. And for small to mid-sized businesses (SMBs), one of the gravest threats is a lawsuit. Some 12 million contract lawsuits are filed yearly against small businesses. You must have some notion of how to avoid lawsuits.

Large corporations might have the capital to weather corporate law and business litigation. But for SMBs, it could present a significant concern if it does not spell the end of your business. Fortunately, there are proactive steps you can take as a small business owner to protect your venture from commercial litigation.

One of the best first steps is arming yourself with an experienced business lawyer near you. They can work with you to put the necessary protections in place to reduce your chances of a lawsuit.

Avoiding Business Law Compliance Concerns

As a small to mid-sized business owner, you might wonder, "Why is compliance so vital?"

First, adherence to business regulations isn't just a matter of legality; it's about credibility. Compliance builds trust among clients, customers, and partners to show that your business operates with integrity and respect for the rules.

Second, staying compliant prevents financial penalties, disruptions, and legal challenges.

Two of the more common business regulations involve zoning and permits.

Zoning Ordinances

A zoning ordinance regulates how you can use a property in a specific location, typically involving areas within counties and cities. In these areas, local governments may regulate and limit the activities in the jurisdiction.

For instance, nearly 60% of Pennsylvania townships and boroughs have zoning ordinances dictating permitted use. So, your small business in Montgomery or Bucks County likely has different requirements than another across the state.

SMBs must be diligent in ensuring their operations adhere to these regulations. Otherwise, you can face legal consequences, including:

Criminal penalties, including fines or jail time.
Civil penalties that prevent the zoning violation from continuing.
Withholding of permits

Licenses and Permits

In addition to zoning ordinances, your business may require various licenses and permits. Failing to secure the right ones can lead to hefty penalties or closures. So, you must consult with local authorities or a business attorney to ensure you're up to date.

How to Avoid Lawsuits from Employees

Employees are the core of every business. The relationships you build with them can make or break your enterprise, especially for SMBs.

Fostering a positive work environment is crucial to productivity and morale. Equally important, it's a critical shield to avoid lawsuits.

The dangers of neglecting employee relations are vast and sometimes devastating. Three of the most common employee lawsuits include discrimination, wrongful termination, and wage violations.

Understanding and safeguarding your human resources is more than just good business practice. It's a must to navigate the complex legal landscape of today.

Here are some other steps you can take to avoid having to hire a commercial litigation attorney.

Training and Educating Employees

Informed employees are your best assets in lawsuit prevention. Regularly train them on company policies, harassment prevention, safety protocols, and more. This not only empowers them but also safeguards your business.

Open Communication Channels

Foster a culture where employees feel free to voice their concerns. Open communication can nip potential issues before they escalate into more significant problems or lawsuits.

Workers' Compensation

One of the essential concerns relating to employees is workers' compensation. It's a requirement for employers in Pennsylvania, regardless of size. Otherwise, you risk civil and criminal penalties.

In addition, you may also be responsible for reimbursing the Uninsured Employers Guaranty Fund, including costs, interest, penalties, and other fees. Your employees can also file a lawsuit in state or federal court against you if you are uninsured.

Employment Contracts and Noncompetes

Clear employment contracts are essential. They lay out the expectations, roles, and potential severance conditions.

Restrictive covenants can be helpful if you're concerned about employees leaving and joining competitors. However, these agreements must be reasonable regarding length and scope to be enforceable.

Legal disputes can arise from employers against employees violating the contract. Conversely, employees can sue your business for unfair requirements within a noncompete agreement.

Noncompete litigation is typically fast-paced and expensive. You must act quickly if you suspect an employee or former employee is violating a noncompete agreement. Confirming sufficient factual support is critical before starting the litigation process.

How to Avoid Lawsuits During Business Formation

It's essential to separate personal and business assets.

Imagine this: Your business faces a lawsuit, and your assets, like real estate or your car, are at risk. Creating a legal distinction between your business and personal assets is crucial. And you can do that when you start a small business.

Choosing your business structure is your first critical concern as a small business owner. The form you select impacts everything from taxes and business control to operating costs and liabilities.

For example, forming an LLC or a corporation removes personal liabilities. Hiring a business lawyer is a wise investment during business formation. It helps ensure you avoid legal pitfalls down the road.

How to Avoid Lawsuits Involving Your Personal Life

Unfortunately, the line between our personal and professional lives often blurs. And that's especially true for small to mid-sized business owners.

Of all personal matters, divorce is likely the most severe threat to your business, especially with high assets.

Marital property typically includes assets acquired during the marriage. Moreover, personal premarital assets can convert to marital property over time. So, if you formed your business during the marriage, it's marital property.

That applies even if your spouse doesn't own any part of the business. Consequently, a spouse can claim a share of the company's value in a divorce.

Consider drafting a marital agreement that clearly defines business ownership. It can go a long way to preventing your business from becoming a point of contention in a divorce. It's also wise to avoid mixing marital funds with business funds.

Good Documentation Can Help Avoid Lawsuits

In a lawsuit, well-maintained records can be your most vigorous defense.

Keep accurate records of all business transactions, employee training, safety measures, and customer interactions. If someone claims you, you have evidence to validate your story.

Regular Legal Audits Help Avoid Lawsuits

Think of legal audits as health check-ups for your business. It's best to get into the habit when you start a business. Consulting with a business lawyer can help you identify and address potential concerns.

Spending money on legal help initially is much cheaper than paying a business litigation lawyer later.

Consider Insurance as a Safeguard Against Lawsuits

Insurance cannot help you avoid a lawsuit, but it can assist you if someone hits you with one. It offers a safety net and a shield against these unforeseen challenges. We already mentioned workers' comp insurance as mandatory. But here are some other insurance types worth considering to protect your business:

General Liability Insurance: It covers legal fees and damages for lawsuits like injury or property damage.
Professional Liability Insurance: This insurance protects against legal claims arising from professional errors, negligence, or contract breaches. For instance, if a consultant offers advice that leads to a client's financial loss, this insurance can cover the legal fallout.
Product Liability Insurance: If you sell a product, you run the risk of that product causing harm. In addition, the product may not meet its promised standards. This insurance protects against lawsuits from product-related issues, ensuring that one defective batch doesn't spell doom for your venture.
Cyber Liability Insurance: In an age where businesses increasingly operate online, cyber threats are real and potent. This insurance protects companies against lawsuits from data breaches or other cyber incidents. For businesses that handle sensitive customer data, this is becoming increasingly non-negotiable.

Our Business Litigation Attorneys Can Help

Regardless of how carefully you try to avoid a lawsuit, it's almost inevitable. Reports from various sources indicate that up to 53% of small businesses face a suit annually. And 90% of all companies experience a lawsuit at some point in their lifespan.

If that happens to your business, call our Doylestown or Norristown law offices and talk with our experienced business litigation attorneys. They'll help you address any legal action and get the desired results.

High Swartz | October 9, 2023

What is Divorce Mediation

Divorce can be tricky, especially when you and your spouse are at odds over important family matters. In addition to the personal toll, the process can be lengthy and expensive. Fortunately, there's an alternative -- divorce mediation.

Mediation is a form of alternative dispute resolution (ADR). It's perfect for couples seeking a faster, less costly, and less contentious divorce. It's a collaborative process that gives divorcing couples control over the outcome. The mediator is a neutral, third-party professional.

They aim to keep spouses focused on a fair outcome, not battling over past resentments. Equally, they look to reduce the stress and trauma of the divorce process.

The divorce arbitrator helps couples address divorce issues such as asset division, custody arrangements, spousal support, and custody.

Understanding Divorce Mediation

Divorce mediation is like having a guide to help you and your spouse work things out. This guide, a mediator, is a neutral person who listens to both sides and enables you to find common ground. As a result, the divorce mediator doesn't represent either side. They support spouses in making the choices that impact their lives.

The mediator works like a referee in the process -- they don't take sides or make decisions for you. Instead, they make sure both of you have a chance to speak and find fair solutions. Their job is to help you communicate better and resolve conflicts peacefully.

Mediation has some significant advantages over traditional litigation. First, it gives you and your spouse control over the outcome rather than leaving it in the hands of a judge. So, you avoid a court-ordered decision in your divorce.

Second, mediation encourages open communication, which can help you maintain a better relationship, especially if you have children.

And finally, mediation is often faster and cheaper than court, saving you time, money, and stress.

Critical Principles of the Approach

Divorce through mediation is voluntary, which means you and your spouse must be willing to participate. It's about teamwork and finding solutions that work for both of you.

Communication is key. So, if you have a history of domestic violence, divorce through mediation may not be helpful.

Confidentiality is a big deal in mediation. Whatever you discuss during mediation stays between you, your spouse, and the mediator. It's a safe space where you can talk openly without worrying about your matters becoming public.

The mediator remains neutral, ensuring both sides can present their side. Their main goal is to ensure the process is fair for everyone involved.

A mediation program is all about working together to solve problems. It's not about winning or losing. It's about finding solutions you and your spouse can agree on. You can develop creative ways to resolve issues and move forward by focusing on collaboration.

The Benefits of Divorce Through Mediation

Divorce through mediation has numerous advantages vs. litigation:

You and your spouse can make decisions that affect your lives. You can avoid litigation where a judge decides for you. It's about taking control of your future and shaping it in the best way for you.
With children involved, preserving your relationship as co-parents is crucial. For instance, you must arrive at agreements for child support and custody. The divorce arbitrator works to help you communicate and find common ground, which is essential for successful co-parenting. It minimizes conflicts and creates a healthier environment for your children to thrive.
Mediation is typically cheaper and faster than going to court. Traditional divorce can take a year or more to settle. Divorce through mediation usually takes half that time.
It can save you money on legal fees and reduce the time and stress of a lengthy court battle. You can focus on finding solutions instead of spending resources on a costly legal process that complicates financial issues. If mediation fails, you can still go to court. Divorce mediation doesn't cause you to lose your right to litigate your divorce before a judge. Moreover, anything that took place during mediation will remain confidential.
There are no public records, as any communications remain confidential.

Divorce mediation is much less aggressive than going to court. It encourages cooperation and reduces conflict between you and your spouse. You can achieve better long-term outcomes and build a more amicable post-divorce relationship.

Step-by-Step Guide to Divorce Mediation

Embarking on the journey of divorce mediation can feel overwhelming, especially if you're unsure what to expect. This step-by-step guide can help you navigate the process with confidence and clarity. By understanding the path ahead, you can approach mediation with a sense of preparedness.

Step 1: Meet with a mediator for an initial consultation. They'll explain the process and answer any questions you have. If you and your spouse agree to proceed, you'll sign an agreement to mediate.

Step 2: Identify and talk about the issues to resolve. It could be child custody, dividing assets, or spousal support. The mediator will help you and your spouse understand each other's perspectives and find common ground.

To make informed decisions, you must gather and share relevant documents, like financial information and other essential facts. That information can include Federal and State Tax Returns, W-2s, savings accounts, property valuations, and more.

Failing to share essential information can derail the process. Being open and transparent with each other will help you create a complete picture and find fair solutions.

Step 3: Once you have all the information, it's time to negotiate and find solutions for both of you. The divorce arbitrator will guide you through the process, helping you communicate effectively and explore different options. The goal is to find agreements that meet your needs and interests.

Step 4: Once you've reached a divorce mediation agreement, the mediator will help you put everything in writing. This comprehensive agreement will outline the terms and conditions of your divorce, including custody arrangements, asset division, and financial support. Once you and your spouse review and sign the agreement, the mediator submits it to the court for approval.

Common Concerns About Divorce and Mediation

Some people worry that one spouse might have more power than another in divorce mediation. However, the mediator is there to ensure fairness and equality. They give you an equal say, and no one dominates the process.

In mediation, you don't have legal representation in the sessions themselves. However, it's vital to seek legal advice outside of mediation. Divorce lawyers can help you understand your rights and ensure that your agreements are fair and legally sound.

The mediator is not a judge or decision-maker. Their role is to guide you and your spouse through the process, fostering communication and helping you find solutions.

Sometimes, reaching agreements can be challenging. However, the mediator has training in conflict resolution and can help you overcome obstacles. With patience, flexibility, and a willingness to compromise, you can find solutions that work for both of you.

Tips for Choosing a Mediator

When choosing a divorce mediator, consider their qualifications and experience. Find someone who has specific training in family law and dispute resolution. For example, you can speak with a family law attorney to support you through mediation. There are also mediation lawyers specializing in representing clients in the process.

It's essential to choose a mediator who has handled cases similar to yours. Their expertise will ensure that you receive practical guidance throughout the process.

Establishing a good connection and feeling comfortable with your mediator is crucial. During initial consultations, assess whether their style and approach align with your needs. Trust and open communication are fundamental, so choose a mediator with whom you can build a positive working relationship.

Effective communication and availability rest at the core of divorce mediation. Discuss the mediator's availability and how they handle communication outside of sessions. Clarify expectations regarding response times and availability for questions or concerns that may arise. Open lines of communication will contribute to a smoother divorce and mediation experience.

Looking for Divorce Mediation Near You?

Divorce through mediation offers a peaceful and cooperative approach to resolving family disputes. By embracing its fundamental principles, you and your spouse can maintain control over the process, preserve relationships, and reduce conflict.

Contact our local law offices if you want divorce mediation in Doylestown or Norristown, PA. We have family lawyers and mediation attorneys who can guide and support you.

High Swartz | October 9, 2023

7 Essential Business Contracts

Business contracts are the core of any successful business, regardless of size. They serve as legally binding agreements that protect the rights and interests of all parties. Moreover, they're critical for even the smallest business owner. So, it's worth spending the time and expense to consult a contract lawyer on your most essential business contracts.

Every contract needs to outline the terms and conditions of a business relationship. For example, it provides a framework for doing business and helps prevent disputes. In addition, contracts establish expectations, responsibilities, and obligations to provide a solid base where trust and professionalism can thrive.

Contracts are ensure that all parties are on the same page. Moreover, they also offer legal protection when conflicts arise. They also provide a means of recourse and a clear path for resolution in the event of a breach of contract.

Ultimately, contracts bring a sense of security and stability to business transactions. And that enables small business owners to focus on growth and success while avoiding legal concerns.

Types of Essential Business Contracts

As a small business owner, having solid relationships with clients, vendors, employees, and partners is critical to success. However, relying only on verbal agreements or informal understandings can leave your business vulnerable to misconceptions, disputes, and legal issues. That's where business contacts are valuable.

These agreements provide clarity, protection, and peace of mind by outlining all parties' rights, responsibilities, and expectations. It's best to consult a contract lawyer near you to address and clarify the following business contracts.

Client Business Contracts

These contracts are vital for service-based businesses, as they outline the terms of your engagements with clients. So, key elements should include:

- Scope of work
- Deliverables
- Payment terms
- Project timelines
- Termination clauses
- Dispute resolution options

These service contracts should also include clauses for intellectual property rights, confidentiality, indemnification, and limitation of liability.

Vendor Business Contracts

Vendor contracts spell out the terms of your relationships with suppliers and service providers. As a result, this essential business contract should include:

- Pricing
- Delivery schedules
- Quality standards
- Warranties
- Termination

When negotiating vendor contracts, get several bids. You should also consider long-term agreements for better pricing.

Employee Offer Letters

An employment offer letter defines work terms. Including one with any new hire is vital, regardless of position.

Key elements include:

- Position title
- Start date
- Compensation package
- Benefits
- Working hours
- Probation period, if applicable

You'll also want to mention any considerations in this essential business contract, such as background checks or references. Additionally, clarify the at-will employment relationship unless specific employment terms or agreements exist. If you have an employee handbook, you must also ensure they receive and sign a copy.

Partnership Agreements

An operating agreement is crucial if you're entering into a partnership. Consequently, this essential business contract must include these elements:

- Capital contributions
- Profit distribution
- Decision-making processes
- Roles and responsibilities
- Dispute resolution methods
- Withdrawal from Ownership
- Buyout terms

Including dispute resolution and termination clauses provides a framework for resolving conflicts with business partners.

Non-Disclosure Agreements (NDAs):

NDAs protect your sensitive information when sharing it with external parties, such as contractors, investors, or potential partners. Key items include:

- Definition of confidential information
- Purpose of disclosure
- Obligations of the recipient
- Duration of the agreement

To enforce NDAs, clearly identify what represents a breach. You can consult with a contract attorney to present remedies if violations occur.

You might also consider other employment agreements like restrictive covenants relating to non-solicitation of customers, employees, or vendors.

Independent Contractor Agreements:

If your business engages independent contractors, it's crucial to have an explicit agreement in place. Generally, key provisions with this type of contract include:

- Description of services
- Compensation terms
- Project timelines
- Intellectual property rights
- Termination clauses

You should specify that the contractor is not an employee and clarify the contractor's responsibility for taxes and benefits. In addition, include confidentiality and non-compete clauses to protect your business's sensitive information. A release of liability may also be prudent.

Drafting and Enforcing Essential Business Contracts

With templates on the internet, you can draft these essential business contracts yourself. Unfortunately, that's not always the best course of action. So, seeking legal advice ensures that your agreements meet state and local laws and protect your interests. An experienced contract lawyer can provide valuable insights and tailor contracts for your business.

Once complete, ensure that all parties sign the contracts. Keep copies of completed contracts in physical and digital formats. Maintaining proper records helps you reference agreements when needed. It also helps enforce the process if disputes arise.

Contracts need enforcement to be effective. So, regularly monitor compliance with contractual obligations, such as payment schedules and performance milestones. If a breach occurs, consult your contract attorney to understand the available remedies. They'll advise you on the steps to take to protect your rights.

Contract Lawyers Serving Bucks and Montgomery Counties

Our law firm has offices in Norristown and Doylestown, PA. Our business and contract attorneys help companies of all sizes and types, from small main street businesses to multi-national companies. Plus, our broad offering of legal services ensures you'll have experienced counsel regardless of your legal concern.

Call our law offices for any business concern - we are here to help.

High Swartz | October 9, 2023

Criminal Defense 101

You're facing criminal charges. Maybe a police officer arrested you for a first-time drug offense. Or perhaps the crime is more severe, involving murder or rape. Regardless, you must prepare yourself for entering the criminal justice system. And that means understanding the intricacies of criminal defense and the time-tested strategies criminal defense attorneys use.

So, let's look at Criminal Defense 101 and some of those winning strategies.

An Experienced Criminal Lawyer is the Starting Point for Your Defense

A robust defense strategy is not just beneficial—it's crucial. And that strategy starts with finding an experienced criminal defense lawyer. Equally, their experience needs to reflect the nature of their criminal offense.

You wouldn't want an inexpert surgeon operating on your heart. Let alone a general surgeon without the specialty to handle such an operation.

The same holds for a criminal defense lawyer. Make sure they fully grasp criminal laws and have criminal trial experience under their belt. In addition, find a criminal lawyer with trial experience conducting cases like yours.

Criminal Defense Often Demands a Team of Legal Professionals

Depending on the severity of your crime, you'll also want to ensure your criminal lawyer has a legal team surrounding them.

A seasoned defense attorney, paralegals, and investigators ensure your case receives thorough attention. Turning every stone—physical evidence, digital trails, or witness statements—is pivotal.

Identifying the prosecution's weak links and engaging expert witnesses might counteract and dismantle the opposing arguments.

Most importantly, you must trust and communicate openly with your legal team. They need to know all the details surrounding your alleged offense. Only then can they coordinate efforts to mount a solid criminal defense strategy.

Attorney-Client Privilege in Criminal Defense Cases

Remember, anything you say to your attorney falls under attorney-client privilege. It protects any oral or written communication between an attorney and their client. This means that if you tell your attorney about your legal issue, this information is confidential.

Generally, this privilege creates honest, truthful communication between clients and their attorneys. Privileged information helps criminal defense attorneys form a criminal defense strategy in the best interest of their clients.

There are some exceptions to attorney-client privilege, such as preventing death or substantial harm.

10 Common Criminal Defense Strategies

The nature of your crime and surrounding circumstances dictate the best defense strategy. However, there are some tried and true types of defenses accomplished criminal lawyers deploy in criminal cases.

It's essential to note that any criminal trial must comply with the reasonable doubt standard. And the more serious the crime, the higher the burden of proof.

The jury must be sure of your guilt. Moreover, the evidence must present that there is no other explanation than you committing the crime.

So, let's review some of the most common defense strategies.

1. Mistaken Identity

This happens if your description resembles the person who committed the crime. For example, a witness may confuse you with someone else. Or, they may indicate you committed the crime to cover for themselves or someone else.

2. Alibi

An alibi asserts that the defendant was elsewhere when the crime occurred and could not have committed it.

So, your criminal lawyer presents placing you elsewhere during the crime. That evidence can include receipts, video footage, or witness testimonies.

3. Self-Defense Strategy

This criminal defense strategy claims that the defendant did commit the act. However, the action was necessary to protect themselves (or others) from harm.

Your attorney introduces evidence to substantiate a genuine threat to you or another person's safety. As a result, your actions were proportionate and reasonable.

4. Insanity or Mental Debility

An insanity defense argues that you were mentally impaired or insane at the time of the crime. As a result, that impairment impacted your ability to distinguish right from wrong.

This defense strategy typically requires psychiatric evaluations, medical records, and expert testimonies to affirm your mental state.

5. Constitutional Violations

This strategy asserts that a police officer or other official violated your legal rights during the investigation or trial process.

It typically focuses on instances of illegal search and seizures, failure to Mirandize, or biased trial processes. The approach serves to discredit evidence or question the case's validity.

6. Affirmative Defense Strategy

This involves admitting to the crime but providing additional information justifying the actions. For example, in a murder charge, proving that the defendant acted under duress might lessen the severity of the penalties.

7. Accident or Mistake

Your criminal defense lawyer asserts that you committed the act without intent or under a mistaken belief. If you can show the act was accidental, it provides substantial defense against a criminal charge, even murder.

8. Police Misconduct

Sometimes, law enforcement officials commit misconduct during their investigations. For example, they may attempt to cover up a mistake they made. Or, they may believe the suspect is guilty and try to build a stronger case.

Misconduct takes many forms, including coercing suspects, doctoring evidence, or embellishing facts.

9. Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise engaged in. A criminal lawyer presents that the idea of crime originated with the law enforcement officer. And they induced you to commit the crime.

10. Lesser Included Defense Strategy

Lesser included offense admits guilt but to a lesser offense than charged. Essentially, your criminal defense lawyer acknowledges the crime. But they present you are guilty of a less serious crime that is a subset of the charged offense.

For example, if you commit a murder, your attorney may claim it was manslaughter. That presents a lesser defense than premeditated murder.

Experienced Montgomery County Criminal Defense Lawyers

Call our firm immediately if you're facing charges for a crime in Montgomery County, PA. We have seasoned criminal defense lawyers who can help.

They can support you for lesser crimes like traffic tickets to more serious crimes like murder or drug trafficking. Our law office in Norristown, PA, supports clients throughout Montgomery, Bucks, and Philadelphia counties.

High Swartz | October 9, 2023

What Is Attorney-Client Privilege

No doubt you're familiar with the notion of attorney-client privilege. But do you understand what it covers and doesn't? And that privileges can vary by state.

At its core, the attorney-client privilege only protects the confidentiality of communications between attorneys and clients. As a result, attorneys may not divulge client confidences to anyone outside the legal team without the client's consent.

Moreover, others may not compel attorneys to do so. In addition, it extends to agents of either the client or the attorney. Finally, the privilege applies to companies and institutions as well as individuals.

Four essential items establish an attorney-client privilege:

A communication
The communication occurs between two privileged persons
The communication takes place in confidence
The purpose relates to giving legal assistance to the client

The principle doesn't require payment to take effect. It takes effect when information is gained representing a client or in communications related to doing so. Its primary purpose is to allow clients to give information so their attorneys can represent them more effectively.

Third Parties

Generally, the client waives their privilege if a third party is present during the attorney-client meeting. As a result, a prosecutor can require the third party to reveal information from the conversation.

However, exceptions apply from state to state. If a third party is present to aid the cause, the attorney-client privilege still applies. Third parties can be legal staff members, outside parties with relevant expertise, interpreters, or even a family member.

In these instances, the third party's role is the key. If they serve an integral role, the privilege remains intact.

Who Evokes the Privilege?

Note that clients or their representatives hold the privilege. In most instances, only they can waive that privilege, not their attorneys.

However, as the client's agent, attorneys can assert the privilege and are generally expected to do so (even in the client's absence). It's important to note that if the client is a company, then the privilege belongs to the members of the control group, for example, the board of directors.

It must be noted that attorney-client privilege applies even if an attorney never winds up representing a client. In addition, it stays in effect after the attorney-client relationship ends and even follows the client's death, barring some exceptions.

The Duty of Confidentiality

In addition to attorney-client privilege, a second concept applies to attorneys regarding the duty of confidentiality.

The former is a concept based on the law of evidence. It's present in the statutes of all fifty states. In addition, it only protects communications between attorneys and clients. Information is not covered if available from other sources.

However, the latter is based on ethics and has a much broader scope for information protection. States vary in their application. Unlike attorney-client privilege, the duty of confidentiality extends beyond actual attorney-client communications. It includes all information about legal representation regardless of source.

As a result, attorneys may be required to testify about client communications under compulsion of law, meaning the court determines the attorney-client privilege doesn't cover some information. That information may still, however, be covered by the attorney's ethical duty of confidentiality.

The Work Product Doctrine

Initially, the privilege only protected verbal communications between attorneys and clients. Today, the work product doctrine applies to the state that a party may not discover or compel disclosure of written or oral materials prepared by or for an attorney.

In Pennsylvania, the doctrine protects the disclosure of mental impressions, conclusions, opinions, notes or summaries, or legal theories of a party's attorney, respecting the value or merit of a claim or defense or respecting strategy or tactics.

Documents include emails, text messages, letters, and memoranda. The privilege protects communications created by the client and those addressed to the client.

However, if an attorney receives documents from a client, it does not necessarily mean they are privileged. The privilege extends to documents the client prepares for the attorney to obtain legal advice.

Waivers of Attorney-Client Privilege

Attorney-client privilege isn't absolute. For example, the American Bar Association's Model of Professional Conduct allows attorneys to disclose privileged information to represent their clients.

Attorneys may also reveal confidential information when necessary in the circumstances such as the following:

Client communication with an attorney presenting their intent to commit a future crime
Information that prevents death or severe injury
Preventing a client from committing a crime intended to damage someone's financial or property interests
Knowledge of perjured testimony
Missing person
Threats to harm someone
Situations where an attorney represents two parties

As mentioned, clients may waive the privilege by consent or by failing to object to a discovery request seeking privileged communication. In Pennsylvania, waiving the right applies to intentional disclosure, inadvertent disclosure, or failure to assert the privilege.

Sharing information with a third party outside the attorney-client relationship can waive the privilege.

Crime-Fraud Exception

The crime-fraud exception also applies. The Supreme Court ruled the attorney-client privilege doesn't extend to communications intended to gain advice for the commission of a fraud or crime. In most instances, crime-fraud applies to ongoing or future instances.

Some states apply the crime-fraud exception to civil tort. For example, a client may seek advice from their attorney on how to unlawfully trespass on an individual's property.

When applied, the crime-fraud exception may lead to the subpoena of an attorney, forcing them to disclose communications.

Our Attorneys Serve Bucks County and Montgomery County, PA

Contact our law offices if you're looking for attorneys near you in Norristown or Doylestown, PA.

Our attorneys can offer insights into various legal concerns, including family law, real estate, workers' comp, estate planning, and much more. And you can count on them to honor the attorney-client privilege.

U.S. News cited our law firm as one of the country's Best Law Firms. It also honored 14 of our attorneys as Best Lawyers. So, when you're looking for local attorneys to represent you, you'll know you're working with experienced professionals who can get the job done.

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