Legal services offered:1. Review of contracts before signing.
2. Claims for breach of contract. 3. Defending against claims or legally breaking a contract, depending on the facts and circumstances of your case. 4. Legally limiting your damages as much as the law allows. |
How claims handled:Claims can be made or defended in three ways:
1. Lawsuit. 2. Mediation. 3. Arbitration. |
Six ways to protect yourself against contract problems before signing!
First, do not sign a contract before you read and understand your obligations. If you are the paying party, make sure the other party will perform to your satisfaction before making payment. This right can be secured with properly worded conditions in the contract. Ask for warranties, when appropriate. If you must perform other than by paying money, make sure your obligations are not increased by subsequent events. If foreseeable events occur, you may be responsible for performing regardless of the costs. Lastly, make sure you will get paid. This can be done through progress payments, impounds, or liens and security agreements.
Second, do not sign a contract until all terms agreed upon are included in the writing. Most written contracts are intended to be the final, complete and exclusive statement of the parties' agreement. If so, courts cannot consider any term not included in the writing. If a term is left out, it is not part of the agreement.
Third, negotiate terms that will protect you against the risks of the contract. For example, if a third party is injured during the performance of the contract, make sure you have insurance or an indemnity agreement. If you anticipate delay, make sure you have a "time is of the essence" term in your contract. Think about including an attorney fees clause. Without it, neither party can recover attorney fees if a suit is filed. If one is included, then the prevailing party can recover attorney fees as a cost of litigation. Is it a good idea? Maybe, maybe not. If you are the party with the deep pockets, you may want to keep attorney fees out of the contract. If you are the party to be paid, an attorney fees term may give you leverage in making a claim.
Fourth, avoid adhesion contracts, if you can. An adhesion contract is one presented to you on a "take it or leave it" basis. In this day and age, most large corporations have their own contracts drafted by lawyers and insist that you sign without negotiation or take your business elsewhere. If you have no choice, an adhesion contract can be attacked later on some limited grounds. Such an attack is an exercise in futility, in most cases.
Fifth, avoid ambiguity and vagueness. If these two villains reside in your contract, they will almost surely raise their ugly heads when trouble occurs during performance. Take care to define words that have special meaning.
Sixth, review your contract with a lawyer before signing. A lawyer should be able to help you spot problems and risks and advise you about ways to avoid them.
James C. Glassford
Lawyer for Small Business Owners
Second, do not sign a contract until all terms agreed upon are included in the writing. Most written contracts are intended to be the final, complete and exclusive statement of the parties' agreement. If so, courts cannot consider any term not included in the writing. If a term is left out, it is not part of the agreement.
Third, negotiate terms that will protect you against the risks of the contract. For example, if a third party is injured during the performance of the contract, make sure you have insurance or an indemnity agreement. If you anticipate delay, make sure you have a "time is of the essence" term in your contract. Think about including an attorney fees clause. Without it, neither party can recover attorney fees if a suit is filed. If one is included, then the prevailing party can recover attorney fees as a cost of litigation. Is it a good idea? Maybe, maybe not. If you are the party with the deep pockets, you may want to keep attorney fees out of the contract. If you are the party to be paid, an attorney fees term may give you leverage in making a claim.
Fourth, avoid adhesion contracts, if you can. An adhesion contract is one presented to you on a "take it or leave it" basis. In this day and age, most large corporations have their own contracts drafted by lawyers and insist that you sign without negotiation or take your business elsewhere. If you have no choice, an adhesion contract can be attacked later on some limited grounds. Such an attack is an exercise in futility, in most cases.
Fifth, avoid ambiguity and vagueness. If these two villains reside in your contract, they will almost surely raise their ugly heads when trouble occurs during performance. Take care to define words that have special meaning.
Sixth, review your contract with a lawyer before signing. A lawyer should be able to help you spot problems and risks and advise you about ways to avoid them.
James C. Glassford
Lawyer for Small Business Owners
Free consultation:
Call me or email me. I would be happy to review your contract or case with you. I will listen and let you know what I think. If I can help you, I will tell you. My clock will not start running unless you agree to hire me.
Call: (925) 274-0210 Or send me an email: just click [email protected]
Call: (925) 274-0210 Or send me an email: just click [email protected]
Approach and background:
Let the client make the decisions.
The client should set the goals and make all major decisions on how to reach the goals.
Keep the client informed.
Take all calls from clients. If not possible, return all calls within 24 hours. Use email liberally.
Be prompt for all meetings and hearings.
As a corollary, file all papers on time.
Stay focused but flexible.
Stay focused on reaching the goals. Be flexible enough to change the means of reaching goals when necessary.
Be efficient.
Don't take five depositions when one will do. Don't waste money on office space just to impress the client.
Discovery should not be used to scorch the earth.
Big firms believe that "no stone should be left unturned," when it comes to discovery. The idea is that a lawyer should never ask a question in court without knowing the answer. Through discovery, they get all the answers they need before trial. Many depositions, however, disclose a party's tactics and evidence. Depositions should not be used to educate a gorilla. On the other hand, discovery should be used to find evidence that will support your case or that is harmful to your cause. Beyond that, discovery is a waste of time and client's money.
Experience is good but not infallible.
I have handled many claims for breach of contract or defended them inside the court system or through arbitration and mediation. In addition, I taught the law of contracts for 10 years at John F. Kennedy University Law School. I know the law of contracts from the school side as well as the practical side. Read my article, "The Three Faces of Bad Faith," published in the John F. Kennedy Law Review. Nonetheless, no two cases are the same. Be flexible enough to understand the unique facts and circumstances of client's case.
Justice is not blind.
The law seeks to do justice. Justice favors those who have been wronged, the humble and needful, but not the greedy. Do nice guys finish last? Emphatically, no! If you think otherwise, ask yourself this question: why do so many murderers get the death penalty?
My comfort zone is ordinary.
As a person, I like fair-minded people, not the vindictive. I like Joe Montana, Lou Gehrig, Martin Luther King, Jr., Cheryl Sandberg, and Steve Jobs. I like worldly people, not the egotists or the bigots. I like Elvis, Adam Levin, Harry Connick, Jr., Ray Charles, Lady Antebellum, and the Rolling Stones. I like fine dining with my wife and pizza and beer with my boys. I love the law of contracts, not many do.
James C. Glassford
Attorney at Law
Civil Practice in California since 1974 Rated BV by Martindale-Hubbell
For more details, see my RESUME.
The client should set the goals and make all major decisions on how to reach the goals.
Keep the client informed.
Take all calls from clients. If not possible, return all calls within 24 hours. Use email liberally.
Be prompt for all meetings and hearings.
As a corollary, file all papers on time.
Stay focused but flexible.
Stay focused on reaching the goals. Be flexible enough to change the means of reaching goals when necessary.
Be efficient.
Don't take five depositions when one will do. Don't waste money on office space just to impress the client.
Discovery should not be used to scorch the earth.
Big firms believe that "no stone should be left unturned," when it comes to discovery. The idea is that a lawyer should never ask a question in court without knowing the answer. Through discovery, they get all the answers they need before trial. Many depositions, however, disclose a party's tactics and evidence. Depositions should not be used to educate a gorilla. On the other hand, discovery should be used to find evidence that will support your case or that is harmful to your cause. Beyond that, discovery is a waste of time and client's money.
Experience is good but not infallible.
I have handled many claims for breach of contract or defended them inside the court system or through arbitration and mediation. In addition, I taught the law of contracts for 10 years at John F. Kennedy University Law School. I know the law of contracts from the school side as well as the practical side. Read my article, "The Three Faces of Bad Faith," published in the John F. Kennedy Law Review. Nonetheless, no two cases are the same. Be flexible enough to understand the unique facts and circumstances of client's case.
Justice is not blind.
The law seeks to do justice. Justice favors those who have been wronged, the humble and needful, but not the greedy. Do nice guys finish last? Emphatically, no! If you think otherwise, ask yourself this question: why do so many murderers get the death penalty?
My comfort zone is ordinary.
As a person, I like fair-minded people, not the vindictive. I like Joe Montana, Lou Gehrig, Martin Luther King, Jr., Cheryl Sandberg, and Steve Jobs. I like worldly people, not the egotists or the bigots. I like Elvis, Adam Levin, Harry Connick, Jr., Ray Charles, Lady Antebellum, and the Rolling Stones. I like fine dining with my wife and pizza and beer with my boys. I love the law of contracts, not many do.
James C. Glassford
Attorney at Law
Civil Practice in California since 1974 Rated BV by Martindale-Hubbell
For more details, see my RESUME.
A lawsuit can solve a lot of problems.
You have a contract problem? File a lawsuit. That is the solution. It's the American way. Americans are problem solvers. A lawsuit is guaranteed to solve your problem. No lawsuit ends without a result.
Keep in mind that between 90% and 95% of all lawsuits are settled without trial. Filing a lawsuit is the best way to move your dispute to a fair settlement. Many court cases are ordered into arbitration or mediation. This leads to the settlement of most cases. As one great trial lawyer said, "A good settlement is far better than a defense verdict."
Keep in mind that between 90% and 95% of all lawsuits are settled without trial. Filing a lawsuit is the best way to move your dispute to a fair settlement. Many court cases are ordered into arbitration or mediation. This leads to the settlement of most cases. As one great trial lawyer said, "A good settlement is far better than a defense verdict."
Law Offices of JAMES GLASSFORD
2950 Buskirk Avenue, Suite 300, Walnut Creek, CA 94597
(925) 274-0210
[email protected]
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