Freelance Lawyers and Some Facts

To any person who is actually not very familiar with the intricacies of law, the term freelance lawyer may bear an uncanny meaning. You must have frequently heard about freelance writers or reporters, but freelance lawyer is a term which is rarely heard.

In this article I have tried to share some information with my reader friends about this topic.

Freelance lawyers are the contemporary description of contract attorneys, temporary attorneys or independent contractors.

With the emergence of legal outsourcing, one new aspect of law profession or to say more precisely, the overlooked part of law profession that has come into limelight and that is freelance lawyers.

According to ethic committee it is ethically proper for any temporary lawyer to work for any employing lawyer or law firm on temporary basis or even getting involved in the legal outsourcing companies.

Ethic committee instructs the employing attorneys that involvement of any freelance(temporary) lawyer requires consent of the client, otherwise it will be considered as a void contract. The duty of the retaining attorney increases with the involvement of the temporary lawyer on contractual basis to disclose this fact to the client.

But according to the opinion 284 of Ethic committee the disclosure of involvement of a freelance lawyer depends upon the following factors:

o Relationship of the retaining attorney with the temporary attorney or the freelance lawyer.
o Nature of legal work to be performed.
o Clients’ reasonable expectation regarding the work.

The employing attorney has the authority to supervise directly the freelance lawyer and it is not necessary for him to disclose the client that how much remuneration is paid to the temporary lawyer. The employing (retaining) lawyer may bill the client for the service on behalf of temporary lawyer according to the mutual understanding with one another. A temporary lawyer can object to any unreasonable billing against the client charged by the retaining attorney.

The motive behind engaging a freelance lawyer is to attain highly supple and lucrative contractual terms in the outsourcing industry as there has been ample scope of employment arrangement between law firms and temporary lawyers.

The Best Business Law Books

Whether you are an entrepreneur, an employee or a business major in college, you will encounter various aspects of commercial law in your daily life. Commercial law is one of the most important things that every businessman out there needs to know about, and it constantly changes. Consequently, you are going to read some business law books to keep yourself updated.

Theories can be boring, especially if reading through dozens of business cases is not your idea of a good time. C. E. Bagly and C. E. Dauchy’s The Entrepreneur’s Guide to Business Law may just be the perfect book for you. It is very easy to read, especially for those that do not have any prior knowledge about the topic. This book is good to start with so that you can understand all about business law. For some people, it may be the only book they need.

R. A. Mann and B. S. Roberts’s Smith and Roberson’s Business Law is more appropriate for academic purposes. If you are a college student who wants to gain a strong understanding of this subject, then this is the book for you. The good thing about this book is that it is regularly updated. It’s the perfect book for law students or students who are taking business law classes. Another book that is suitable for college students is Cengage Advantage Books: Business Law: Text and Exercises by R. L. Miller and W. E. Hollowel. The book is clearly written and is very concise; it uses the least complicated ways possible to explain a very complex topic. This will be the right book for those who have been facing difficulties in understanding most of the ideas that are written in thick, complicated textbooks.

Business Law by Robert W. Emerson is a compulsory read for those who are taking college level examination program (CLEP). Despite that, this book is also recommended for those who want to gain more knowledge about the topic. The book is relatively easy to read and it covers most of the important aspects of business law.

Different countries have different laws, and commercial law is not an exception, of course. West’s Business Law: Text and Cases by K. W. Clarkson, R. L. Miller, G.A. Jentz, and F. B. Cross integrates global themes as well as a vast assortment of cases. It is a good book for college students as well as business practitioners, and like any other textbooks, the content of the book is updated regularly.

One of the most popular books on this subject is R. L. Miller and G. A. Jentz’s Business Law Today. Many readers agree that this book provides cases that are relevant to the issues that many businessmen of today face when starting or running their businesses. This book illustrates the topic in the most interesting way possible and it does not have any unnecessary information, avoiding any possible confusion over a certain area of business law. This book is a good reference book even if you are not an academic or a student.

How Lawyers Can Help You To Apply Corporate Law

Corporate law is one of the dominant fields of law in the modern business environments. It focuses on legal matters relating to business corporations, their management structures, compliance with legal requirements and regulations governing corporations. It also extends to regulating the interaction between the company and its stakeholders on the basis of the corporation rules.

Companies require law attorneys specializing in this area to interpret the laws governing corporations and advise on several issues that require legal frameworks. When picking a lawyer or law firm to represent your company, take into consideration the individual’s reputation, rate and representation. The suitability and expertise of the lawyer will affect the company. The lawyer may be an employee of a company if it has an established legal department.

The lawyer assists the company to apply the laws in various occasions as required by the laws as well as in running company legal affairs. The lawyer’s major role is advisory. He examines the legality of decision taken by the company and advises accordingly. He also lays down the procedure for implementing the new decision.

A company requires the services of a lawyer right from its inception. The law has set out a concrete procedure to be followed in incorporating a company. The lawyer assists in drafting the articles of incorporation and other legal documents required by the registrar for the registration of a company.

The lawyer helps the client to execute the requirements as per the provisions of the law. He interprets to the client what the law demand regarding the naming of companies and the minimum and maximum number of partners. He helps in setting up the management structure of the company in line with the law and the company regulations.

The law recognizes a company as a legal entity that can get into transaction with other entities. He assists in drafting of contracts and agreements and ensures proper documentation in the execution of the transaction. The lawyer advises the company on the rights and liabilities regarding each transaction the client company is involved in. He also ensures that the transaction is within the compliant with the law and its legality.

The lawyer represents the company in court in all cases filed against the company. He prepares the defense and appears physically on behalf of the company. He argues out the legality of the company’s decisions and advices on the right approach to a case.

The company lawyer can advice his client on the proposed business or investment. He understands the legal undertakings regarding particular businesses and can advice accordingly. There are many types of corporations and the lawyer can help a client to evaluate the suitability of each type. He can also guide the client on legal restrictions that would affect the business.

The company relies on the lawyer for primary advice on laws regarding contracts, tax laws, bankruptcy and insurance laws. Clients will seek his direction on legal issues that fall outside corporate law. The lawyer should therefore be conversant with other laws in his state.