Today’s Contract Caution-Attorney’s Fees

Today’s Contract Caution: Dark Secret-Beware of who pays for Attorney’s Fees and Courts Costs in contracts. This clause is often weaponized by attorneys to beat the opposing party into submission because attorney’s fees often EXCEED the actual damages claimed by the party suing you. IF you believe you may be a defendant in a contract it is best just to scratch through this clause in a contract.

Today’s Contract Caution: Indemnification

Today’s Contract Caution: Indemnification – essentially means you will pay the damages and cover the costs (attorney’s fees plus) of someone else’s lawsuit. They are shifting as much liability to you as they can. It is good to have an indemnification clause in your favor and bad if it is against you and perhaps ok if it is mutual. Our Mission-Add Real Meaning & Value to You. Remember, the Serpent is often in the details we don’t want to deal with.

Non-Profits Take Note!

Electronic filing mandate for Forms 990 and 990-PF
Effective for tax years beginning after July 1, 2019, the Taxpayer First Act requires organizations exempt from taxation to file their annual Form 990 and Form 990-PF returns electronically, unless covered by one of the exceptions listed in the form instructions. Form 990-EZ filers are required to file electronically for tax years ending July 31, 2021, and later. IRS will be sending an educational letter (Letter 6194) to organizations that filed paper Forms 990 or 990-PF prior to 2019. There is no need to reply to the letter.

Lease-Term and Commencement

When Reviewing a Lease Seriously Consider the Term and Commencement Clause and any Outs You May Need.

For Example we once provided the below counsel to an LLC Client
Term and Commencement
[In consideration that most business struggle their first five years and that conditions change rapidly during that time it seems unreasonable to us to commit to a ten (10) year lease as a matter of business not law.]

Coronavirus disease (COVID-19) Response – Reaching New Heights -When Times Are Low

McCartha Law is still providing exceptional Teaching, Equipping, and Legal Protections with our Wills, Estate Planning, and Probate services, along with our Limited Liability Company (LLC) formations, and our Non-Profit (501c3) Formations and 1023 Applications with the IRS.  As a matter of fact, we are able to do some of these services either mostly or exclusively online with you through emails, teleconferencing, and Zoom! 

Consequently, for many of our clients it is a down time to reach new heights and begin their new business (LLC or Nonprofit) and/or a time to finally solidify your Estate Planning Needs with genuine understanding.

For those of our clients who continue to need in person meetings we haven’t gone anywhere and we are still at the office and at work — which we are more able to do than other businesses due to the small size of our family law firm.  Nevertheless, we do employ the following preventative guideline FREQUENTLY to keep our prevention record stellar.

WE Wash our hands frequently

Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water.

Why? Washing your hands with soap and water or using alcohol-based hand rub kills viruses that may be on your hands.

WE work to Maintain social distancing while still being personal

Maintain at least 3 feet between each other and particularly 6 feet distance between ourself and anyone who is coughing or sneezing.

Why? When someone coughs or sneezes they spray small liquid droplets from their nose or mouth which may contain virus. If you are too close, you can breathe in the droplets, including the COVID-19 virus if the person coughing has the disease.

WE Avoid touching eyes, nose and mouth — we have found this is more difficult than it seems — how about you?

Why? Hands touch many surfaces and can pick up viruses. Once contaminated, hands can transfer the virus to your eyes, nose or mouth. From there, the virus can enter your body and can make you sick.

WE Practice respiratory hygiene

Make sure you, and the people around you, follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Then dispose of the used tissue immediately.

Why? Droplets spread virus. By following good respiratory hygiene you protect the people around you from viruses such as cold, flu and COVID-19.

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