Attorney Archives • Page 2 of 12 • Davis Upton & Palumbo, LLC

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Are Your Interview Questions Appropriate?

February 14, 2018/in Legal Minute Blog /by Crystal Monkman

This week, Denise Bowman explains how to ensure your interview questions don’t result in a claim against your company.

It is important to carefully consider all of your interview questions when looking for a new employee. The best-intended questions can get you in trouble if you are not aware of the state, local and federal laws that regulate the questions prospective employers can ask. Read more

What Does Breach of Contract Mean?

January 10, 2018/in Business & Corporate /by Crystal Monkman

This week, David Weigel explains what it means when there is a breach of contract.

What is a Breach of Contract?

A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.

Benefit of the Bargain

Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.

Other Damages

There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.

Other examples include awards of attorney fees if there is litigation in the case of a breach, injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases. Punitive damages are typically not awarded in contracts cases.

In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.

At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.

These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.

Meet Denise Bowman

December 6, 2017/in Legal Minute Blog /by Crystal Monkman

About Denise Bowman

Denise Bowman has been a practicing attorney for over 25 years. She is licensed in the state of Maryland and the District of Columbia. Denise made her transition to Davis, Upton & Palumbo, LLC in 2016 when she decided she wanted to work in the community where she has lived with her husband, raised a family and where all of her friends and family are. It is a passion of Denise’s to give back to her community the way she has throughout the state of Maryland. She joined Davis, Upton & Palumbo because they live by the motto “exceeding expectations” and that is important to her as she wants her clients to know that she has done the best she can do for them.

Practice Areas

Corporate
Business
Transnational
Real Estate
Litigation

Denise is involved in a number of professional associations and has served the community with several professional appointments over the years. Currently, Denise serves as a Mediator for the District Court of Maryland Prince George’s County Alternative Dispute Resolution Program and is a Member of the Trial Courts Judicial Nominating Commission for Commission District Thirteen – Prince George’s County. To learn more about Denise Bowman click here or contact us today.

How Can I Change a Will?

November 8, 2017/in Legal Minute Blog /by Crystal Monkman

How Can you Change a Will?

When you need to change your will, there are a few ways that you can accomplish your goal depending on your circumstances.

Execute a New Will

The first way you can change your will is to execute a new will. If the changes to be made are major, it would be advisable to make an entirely new will to avoid any confusion. The first clause will always revoke any old wills, thus making the current one the only enforceable will.

Add a Codicil

The second way to change your will is by adding a codicil, which is generally recommended when there are minor changes to be made. A codicil is similar to an amendment or addition to your will. A codicil is used to revoke part of your will or add a new provision. To be valid, they must be dated, signed and witnessed just like a legal will.

Revoke a Will

Lastly, if there is a section of your will you want to revoke it is not valid to cross it out. However, physically tearing up a will can validly revoke it, provided it was your intention to revoke the will. If no new will is made to take place of the destroyed one, then what happens to your property will be determined by rules set down by statute which may not be what you wish to happen.

At Davis, Upton & Palumbo LLC, our Estate Planning Attorneys will explain your options to you and assist you in making what can sometimes be very difficult choices. To learn more about our Will and Probate practice area click here or contact us today!

What are the Different Types of Fees and Payment Methods?

October 25, 2017/in Legal Minute Blog /by Crystal Monkman

In this video, Dave will explain how Davis, Upton & Palumbo, LLC charges clients based on the type of matter they have.

Civil Litigation– Clients will be charged on a hourly rate basis and a retainer deposit will be expected up front. Once the firm collects the retainer fee it will be deposited into an escrow account where it will stay until the matter is complete. The amount in escrow will go towards the remainder of the balance. While the matter is open the client will receive monthly invoices from the firm setting forth the work that was done, the attorney who completed that work and the amount of time that was spent.

Personal Injury- This type of matter will run on a contingency fee basis. The Davis, Upton & Palumbo fee is a percentage of the recovery in which we achieve for the client. If the matter settles prior to the commencement of litigation the flat fee will be 1% and if litigation is commenced it may be a higher percentage. In all cases the percentage fee will be agreed upon at the time the representation commences.

Criminal – If you have a criminal matter you will be billed on a flat fee. The fee for the full representation will be a set amount and agreed to in the beginning of representation.

At Davis, Upton & Palumbo LLC, we are a general practice law firm that has the resources and capabilities to handle a wide variety of legal matters. From criminal, traffic or DWI charges to complex commercial transactions, our attorneys have the experience and knowledge to serve you. To learn more about our practice areas click here or contact us today.

Why do you Need an Employee Handbook?

October 18, 2017/in Legal Minute Blog /by Crystal Monkman

An employee handbook is given to employees by the employer to communicate the organization culture, mission, and values. Creating an employee handbook can seem like a daunting task, fortunately, many benefits come from having one. All employee handbooks should be customized to fit your organization and how you conduct business. Copying another employer’s handbook or one you find online can cause more harm than good.

Benefits of an Employee Handbook

Communicates what is expected of an employee. For example, what are the procedures are for requesting time off, who should they go to if they have a question or complaint and what are the responsibilities of employees.
Demonstrates what an employee can expect from management/leadership, everyone will be treated equally.
Sells the employer, this refers to any benefits you are offered. This includes vacation time, 401K and health insurance.
Communicates compliance with federal and state laws. The policy should include anti-discrimination, anti-harassment provisions. This demonstrates to the employee that the employer is attempting to comply.
Help defends against employee claims. This shows the organization exercised “reasonable care” towards the employees.

In conclusion, At Davis, Upton & Palumbo, LLC we are committed to business in Southern Maryland. We advise and act for clients at all stages of the business lifecycle.To learn more about our Corporate & Business practice area click here or contact us today!