This week, Karen Wagner helps to explain one of the key ways that military separation or divorce is different from a civilian divorce. There are many differences in military divorce to understand but the 20/20/20 rule is very important.
We are happy to announce that Karen Wagner has returned to Davis, Upton & Palumbo, LLC. Karen left in 2016 for a position doing defense litigation. Now Karen has returned as an associate and we are glad to have her back! Karen will be working in our Annapolis offices.
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
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.
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.
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 Conflicts of Interest?
When a potential client contacts Davis, Upton & Palumbo, LLC, the first thing we do is preform a conflict of interest check. An attorney can not represent someone if a conflict of interest exists.
Why are Conflict Checks Performed?
A conflict exists when a legal representation of one client is directly adverse to the representation of another client. It also exits if there is significant risk that the representation of one or more clients will be substantially limited by the attorneys responsibilities to a former client, current client, third party or the attorneys own personal interest.
A very common example of a conflict of interest is when two spouses are seeking a divorce. We can not represent both husband and wife, each will have to have separate representation from different firms.
At Davis, Upton & Palumbo LLC, our Mission is to Exceed Your Expectations in all that we do. Our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law. If you’d like to learn more about our practice areas click here or contact us today!
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