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3. What occurs at an
administrative law hearing?
Administrative hearings are usually informal. The
administrative law judge meets with representatives from the
agency and the applicant seeking benefits. Each side presents
its evidence and elicits testimony from witnesses. The hearing
is often tape recorded, as opposed to recorded by a court
reporter. The administrative law judge renders a decision
called an administrative order, which may be reviewed by a
higher level within the agency or by a court.
4. Who creates
administrative agencies?
Administrative agencies are created by governments to
administer particular legislation, such as the Social Security
Act, Workmen's Compensation Act, etc.
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Banking Law
1. How does a bank work?
Banks and financial institutions collect deposits from
individuals and entities and invest those funds in loans,
securities, and other assets.
2. What is a bank
foreclosure?
Foreclosure is the legal process that a bank or other
lender, such as a mortgage company uses to force the sale of a
debtor’s property to repay a debt, one example would be a
mortgage on a home. Even if you miss one payment the lending
institution can take the property back and then sell it to
repay the money owed them. Typically, the filing of a
foreclosure notice occurs after three or four missed payments.
3. What is commercial real
estate?
Broadly defined, the term “commercial real estate” refers
to any dealing with real property in a business context. It
may involve leasing out office space, owning an apartment
complex or selling real property along with the sale of a
business. It might be industrial or agricultural property.
4. What should I do to
prepare for filing bankruptcy?
You should consult with an experienced Coover & Barr, LLC
banking law attorney. Our attorneys can help you plan for the
bankruptcy, decide when to file a bankruptcy petition, or even
avoid filing for bankruptcy.
5. How can I improve my
chances of getting a commercial loan?
Be prepared to demonstrate how you will repay the loan. It
will be extremely beneficial to be able to show the lender a
history of your earnings and a projection of future earnings.
It is also beneficial to show that you have invested in your
business, the lender will more comfortable knowing that your
interest are aligned with those of the lender. A Coover & Barr, LLC
banking law attorney can assist you with all your commercial
loan needs.
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Business Corporate and
Commercial Law
1. What is the difference between an LLC
and a corporation?
Both types of entities provide protection to the individual
owners from liability to creditors. The LLC, however, allows
the owners to select the tax treatment of a partnership, so
that there is no tax at the company level, with profits and
losses flowing through to the individual owners.
2. I'm a partner in business and one of my
partners is threatening to dissolve the partnership and take
over the business. What should I do?
You should seek immediate advice from an experience Coover &
Bar attorney. Your lawyer will advise you on your rights and
obligations as a partner. Your attorney will advise and assist
you in keeping your business operating and resolving the
dispute.
3.
What is a sole proprietorship?
Sole Proprietorship is a business owned by one person.
4. What
is a partnership?
A partnership is the legal relationship between
two or more persons who carry on business together in order to
make a profit
5.
What is a corporation?
A corporation exists as its' own legal being. The owners of a
corporation are its' shareholders.
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1. Do I need a lawyer at a residential real
estate closing?
Yes. Attorneys for both buyer and seller have
an active role in all parts of the house transaction, details
of offers, contracts and house closings.
2.What is a
contract?
The
contract is a legally binding document spelling out the
essential issues of the sale. This includes description of
property, purchase price, mortgage contingencies, closing
date, and the names of both parties involved.
3. What are contingencies?
Contingencies are escape hatches in a real estate contract.
They let you walk away from the deal without penalty if
certain conditions are not met. You might, for example, sign a
contract to buy a building, but make your obligation to close
contingent on things such as
obtaining a mortgage loan, selling your existing property, or
having a contractor inspect the building.
4. What is due diligence?
Due diligence is an investigation into the
background of a company and its principals. The depth of the
investigation may vary depending upon the nature of the
transaction and the industry involved. The investigation may
involve a credibility assessment of a company through court
record checks, organized crime inquiries and a review of
financial information. It is legal and acceptable for
companies to ensure that the people they do business with are
reliable and above reproach.
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Family and Domestic Law
1. What is the difference
between a legal separation and a divorce?
The legal process is the same. While in the absence of
adultery, parties must both (a) separate; and (b) remain
physically separated on an uninterrupted bases for at least 12
months before either party may legally seek a divorce from the
Court, a legal separation can be achieved by agreement of the
parties, does not involve a "waiting period" and does not
necessarily involve a Court. Divorces
cannot be final for at least 6 months, while a legal
separation can be final almost immediately. The largest
difference between the two is that if you proceed with divorce
you are no longer married. A legal separation only separates
the two parties – they remain married.
2. Do I really need an
attorney?
Yes. Going through divorce, child custody or support,
adoption, etc. without an attorney is like riding a bicycle
with no handlebars. You will get somewhere, but chances are
you will not end up where you want to be and you will likely
get hurt along the way.
The majority of people who
represent themselves focus on things that are not important.
Coover & Barr, LLC attorneys are trained to recognize and deal with
the most important issues.
3. What is "equitable
distribution"?
Equitable distribution is a method for dividing the
marital assets in a manner that is fair and equitable, which
is different from equal. Your Coover & Barr, LLC divorce attorney
can assist you in the most fair and equitable way to divide
your marital assets.
4. How much child support
will I receive?
In Maryland, the amount of child support each parent is
responsible to pay is generally determined through a formula
known as the Maryland Child Support Guidelines. The Guidelines
take the following factors into consideration:
- Income of each parent;
- Number of children;
- Work related child care
expenses;
- Health insurance costs for
each child;
- Extraordinary regular
medical expenses for each child; and
- Number of overnights with
each parent
Through the Guidelines and with
the assistance of a Coover & Barr, LLC attorney, it is generally
possible to determine the amount of child support that the
Court will require each party to pay. Under certain
circumstances, the Court can order amounts greater or lesser
than the Guidelines amount to be paid.
For your convenience, a link to
a Maryland Child Support guidelines calculator is provided
below. Please use the calculator as a guide only in addition
to consulting with a Coover & Barr, LLC attorney. Coover & Barr, LLC
cannot be responsible for the accuracy of either the
calculator or the results you obtain from it.
http://www.marylandlawonline.com/cal/MDCSC.html
5. What can I do if my
ex-spouse refuses to pay child support?
If your ex-spouse has been ordered to pay either child
support or maintenance and fails to do so, you can ask the
court to hold your ex-spouse in contempt of court. If found to
be in contempt, your ex-spouse could be imprisoned. Another
available remedy is to garnish his/her wages; the disobedient
ex-spouse's employer will deduct money from his/her paycheck
and pay you directly.
6. How does the court
determine what is in the best interest of my children in a
child custody case?
The court will examine a number of factors, including who
the children are living with at the time the custody
determination is made, the children's historical relationship
with each of the parents, and each of the parents’ ability to
care for the children.
7. What is adoption?
Adoption is “the legal and social process involving the
transfer of rights over a child from a set of birth parents to
a set of adoptive parents”. Adoption is a huge, life-altering
decision that will affect the future of many people.
Consequently, you will need to collect as much information
about adoption as you can in order to make an informed
decision based on the child's best interests. An attorney
should be number one on your list of people to contact before
deciding to adopt.
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Litigation and Arbitration
1. What is Alternative
Dispute Resolution (ADR)?
Both arbitration and mediation are referred to as
"Alternative Dispute Resolution" (ADR), since both offer
private, efficient solutions to conflicts rather than
drawn-out legal battles in more formal court settings.
2. What is the difference
between arbitration and mediation?
In mediation, the parties agree that a qualified neutral,
usually a lawyer or someone with specific knowledge of the
dispute, will meet with all parties and attempt to bring the
parties to a settlement. The mediator has no power to force a
decision on anyone, but may attempt to persuade the parties to
compromise. In arbitration, either one, or sometimes a panel
of three, qualified neutral arbitrators (usually lawyers or
retired judges) hear both sides of the case in a format more
like that of a trial. The arbitrators will hear from witnesses
and review documents. The arbitrators then make a decision.
3. What happens during
arbitration?
The arbitrator initiates the hearing by swearing in the
parties and witnesses who will testify. The parties then give
opening arguments and present both documentary and testimonial
evidence. The attorneys question the witnesses and the
arbitrator may ask questions if necessary. Rebuttal questions
are allowed. Arbitration hearings, unlike trials, are not open
to the public. Everything discussed in the context of the
hearing is confidential and any matters disclosed often are
not discoverable in future proceedings.
4. What happens after
arbitration?
The arbitrator will make known the decision of the
arbitration to both parties. The decision is final. Either
party has the opportunity to request the arbitrator to correct
any errors provided. In addition, either party may then seek
confirmation of and/or file the arbitrator’s decision with a
court. The case is resolved and both parties agree to accept
the arbitrator’s decision.
5. How is a case arbitrated
or mediated?
All that is needed is a written agreement between the
disputing parties to submit the matter to Alternative Dispute
Resolution. An agreement for ADR can be made before any
dispute arises, through inclusion of arbitration and/or
mediation clauses in contracts, or the parties can agree to
ADR any time after a dispute arises.
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Local Government
1. What does a local
government attorney do?
Provide legal advice and render legal opinions to the
council, mayor, manager, treasurer, departments, boards and
commissions.
Advise on police matters,
particularly the impact of State law on police professional
liability matters
Represent the interests of the
city or town in court and before administrative bodies.
Draft ordinances, resolutions,
charter amendments, deeds, contracts and other legal documents
to which the municipality is a party.
Review for form and legal
sufficiency all documents of a legal nature not prepared by
the attorney.
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Transactional Law
1. What is transactional
law?
Transactional law is the body of law that governs
transactions between individuals or corporations.
2. Does my business need to
be a corporation?
All businesses should be limited liability entities:
either corporations or limited liability companies ("LLC's").
A Corporation or LLC shields its owners from personal
liability for debts of the business. There are also different
tax rules that apply to corporations and LLC's, which may be
beneficial to the business owners.
3. I own the building from
which my business is run. Can I keep it if I sell the
business?
It may be possible to keep the building and lease it to
the new business. The new business may not be interested in
buying the building as this would involve a large capital
outlay. The idea of leasing the building from you might be
attractive to the buyer of the business. This would also have
the benefit to you of providing an income over a period of
years and reducing a capital receipt and the potential tax
liability on that capital receipt.
4. My company is obtaining a
loan to buy our premises - will a bank or other lender deal
with all the paperwork?
Not necessarily. Often the Bank will appoint attorneys to
act on its behalf (they may ask you to retain your own
lawyer). A Bank may want the loan to be secured on the
property, thereby, requiring a company to mortgage the
property. If so, the Bank will want to check the legal title
and obtain a survey of the property. It is best to consult a
Coover & Barr, LLC experienced transactional law attorney before
acquiring a bank loan.
5. How does a Coover & Barr, LLC
lawyer assist with transactional law?
An experienced Coover & Barr, LLC transactional law attorney
assists clients in finding and developing opportunities,
preparing proposals, and addressing legal issues that arise
during contract performance. Our lawyers negotiate and draft
contracts and leases, help prepare business formation, and
provide corporate counseling.
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