Malpractice insurance will provide physicians with an attorney, but sometimes that’s not enough. According to a 2018 report by the American Medical Association, 34% of all practicing physicians have been sued. And, if a doctor is still practicing past age 55, that percentage goes up to nearly 50%. Since the prospect of a lawsuit is becoming almost inevitable, the need …
When Your Business Partner Thinks He Is Funny…. But He Is Not.
Attorney Joe Turner weighs in on this complicated but serious issue. Dear Joe, I am in a Partnership with four other Physicians. One of the Partners fancies himself a comedian. He likes to send out joke emails to the entire staff and will often add improper comments to serious ones. The problem, aside from being immature and distracting, is that often …
Can A Landlord Keep Property Owned by a Tenant If The Tenant Breaks Their Lease?
The Landlord’s Lien. Under New Mexico law, a landlord has what is known as a “Landlord’s Lien” on property that is housed within the space that is being rented. This means that a landlord has a lien on the property which remains in the rented location for the rent due under the terms of a lease. If a business has …
Should My Business Deal With An “Advocate”?
There is a difference between being an “Advocate” and “practicing law”. Good Advocates do not cross the line. Advocates are individuals who work on behalf of another person. People in need of advocates generally are those who would have difficulty trying to maneuver within a complex, structured system. Examples of systems or situations that would require advocacy would be the …
Understanding Contracts: Contractor and Subcontractor in a Construction Context
Contracting and subcontracting can exist in many arenas, but one of the most common is in construction. If you have ever watched a home renovation show or gone through the excitement of having your own home or business renovated, you have probably heard the terms contractor and subcontractor used. The question is, what is the difference and how much do …
Employment Contracts: Why They Are Important and How You Can Use Them to Protect Your Business.
Hiring new employees is a difficult process. You have to be sure they are properly suited for their position and have a personality and temperament which will suit the work environment you have spent time and effort putting together. This coupled with negotiating benefits, salary, and slotting in time for training in an already busy schedule can seem overwhelming and …
What is “Ex Parte” Communication?
What does ‘Ex Parte’ Mean and How is it Applied in a Legal Context? Ex parte is one of those annoying Latin phrases lawyers still use, but the common translation is basically ‘one sided’, or ‘for one side’. Ex parte communication is when one party to a case communicates to the court without informing the other party, depriving them of …
Can My Business Re-Negotiate Its Contracts with Vendors and Our Landlord in Light of the COVID-19 Pandemic?
In today’s COVID environment, businesses are being told to close their doors and send employees homes. As such, many business owners are struggling to earn enough revenue to be able to meet their contractual obligations to their vendors, landlords and banks, let alone make payroll. With financial disaster looming for so many businesses, do standard contracts, loan documents or leases …
Are Handshake Deals Enforceable?
There is a common misperception that written contracts are required for any agreement to be enforceable. While it is almost always preferable to have a written contract, hopefully crafted by an attorney with an understanding of the issues related to the specific type of agreement contemplated, all is not necessarily lost if you do not. There are some types of …
When Your Client Won’t Pay- How to Collect on a Debt
There are many things a business owner can do from the get-go to improve their chances of a favorable outcome in the debt collection process. The most important tip is to start out on the right foot. Get a contract before you start work for any client- regardless of how small the transaction may be. Now when I say, get …
