Information you can put your teeth into regarding how to protect yourself legally.

  • Lawsuits in America have become a legal sport and practiced very frequently.
  • The American Trial Lawyers Association is alive and well and flushed with Political Action Committee funds. (Bribes for the Politicians which have no better ethics than some South American Law Enforcement Agencies)
  • Only in the United States are contingency lawsuits allowed. Well! Funded Law Teams fund the lawsuit, the plaintiff has no currency dog in the hunt. They only share in the spoils of the booty.
  • If the plaintiff loses there is no recourse for the defendant to get any legal funds back unless covered by a contract or some other legal document.
  • You should always have at least 1 million dollars in liability insurance extra on your homeowner insurance.
  • You should always have more than the minimum liability insurance on your auto insurance policy
  • You should always make duplicates of any legal documents, contracts, or any agreements. The copies go in a fireproof safe and the original goes into a safe deposit box.
  • Wills, Trusts, Insurance Policies, powers of attorney should go into the deposit box with the name of the person you have chosen to handle your estate listed on the deposit box.
  • There are sites where you can obtain legal forms, get the ones you need, fill them out, then take to an estate attorney to review them for their strength in court. If they are weak, then get your attorney to redo them. By doing this you save a lot of money because the attorney does not have to make motions and create documents to present to the court.
  • Stop the finger pointing before it begins. Written agreements protect you from loss of memory between either party if a litigation issue comes up. It just backs up what you agreed to, to obtain what you wanted. Memories do fade over time, so expect it to happen to you.
  • Lending equipment or money to a relative or friend should always be backed up by document. Why? What if the person you lent to died the next day? Relatives have no idea the equipment sitting in the garage belongs to you unless you have something to back it up.
  • Word to the wise, if you have an issue with someone do your level best to settle it between yourselves. If you do not and it gets in the legal arena…the only people that eventually win are the lawyers and court.
  • Approach the issue without negative emotion. Listen to the other party as what they think is fair. In some it will not even be close. They know this, but they are dealing from emotion and no logical reasoning of fairness. Their issue is not disagreement, it's about personal retribution or punishment. If that is the case, time is going to be your friend. Be patient and let emotions die down. Then approach the issue again. If that fails, then unfortunately the legal arena may be your only solution.
  • When it comes to divorce or disagreement over wills or trusts you are a whole lot better off to go to arbitration than enter a court procedure.
  • Always recognize this phrase when your attorney says you could win, not that you are going to win. Then if the judge rules in your favor, and the other side appeals, you are now in a real legal quagmire. This is where logic goes out the window and legal mumbo and jargon comes into play as they deal with not the case but on specific issues where the attorneys objected to the court proceeding.
  • The legal arena is like a poker game. The more money you have, the longer you can stay in the game. Keep in mind, that Insurance companies and large corporations will commit what they consider to be a certain amount of money to fight, thus preventing a larger payout.
  • Splitting the difference is usually the best deal, as no one likes to lose. So! If you can conclude where both sides think they have won a part of their argument you are way better off.
  • You won your case…but can you collect on the judgment? If the defendant has no assets or anything of value what did you accomplish? The rule is can the defendant pay if you win? If not, then what did you gain?
  • The hard truth is more judgments are made than collections on those judgments.
  • The Court will look at two things in a written agreement. What does the agreement say and the intent when the agreement was entered?
  • No agreement signed or otherwise is enforceable if it was based on something illegal to begin with.
  • If either party has violated any section of the agreement, that part can be thrown out by the court and allow the other part to maintain in force. In some cases, the court will throw out the entire agreement.
  • Before deciding to go to court write down the pluses, minuses, and important points of the case. Then sit down and go over it with your legal counsel.
  • When signing an agreement always make sure any litigation is conducted in the city, county, and state where the contract is implemented.
  • In writing an agreement the best way to handle intent is to put in a clause called “Entirety of Agreement”. This agreement embodies and establishes the full understanding and intent of both parties and nothing can be changed except in writing.
  • 90% of the discovery of pretrial is determining by case law what was the intent and what each party meant.

The Pen-N-Sword hopes the above information may have answered some questions you may have about how to protect yourself and love ones.

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21 Apr 2020

By Trader