Miller Law Offices, PLLC has experience in litigation and arbitration. Arbitration is an alternative dispute resolution form. Instead of using the court system, the parties agree to have their case decided by an impartial arbitrator who acts as judge and jury (but not executioner). The general rule is that absent an agreement to arbitrate or a statute (law) compelling arbitration, a party cannot be forced to arbitrate a dispute. Construction agreements and broker commission agreements are among the types of agreements that often contain enforceable arbitration clauses.
Arbitration awards are as enforceable as a court judgment although collection of a judgment or an award is another matter. Arbitration tends to produce results much quicker than the slower paced court system, but the costs and expenses associated with arbitration are usually higher. Two other significant differences between arbitration and litigation are:
- the discovery process in arbitration is usually more informal – and often not as comprehensive – as the discovery process in litigation; and
- a party’s right to appeal an arbitration award is much more limited than a litigant’s right to appeal an adverse decision of a Judge.
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“Free advice is worth the price.”
“It is not unprofessional to give free legal advice, but advertising that the first visit will be free is a bit like a fox telling chickens he will not bite them until they cross the threshold of the hen house.”
Chief Justice Warren E. Burger, U.S. Supreme Court
“Never give advice in a crowd.”
“Beware of a client who’s suing on principle and paying by the hour. He rarely gets his money’s worth.”
Pete Morin, Diary of a Small Fish
“A lawyer with his briefcase can steal more than a hundred men with guns.”
Mario Puzo, The Godfather
“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.”
Transactional Law includes contract drafting and negotiations, real estate transactions (commercial and residential) and general corporate counsel. In the corporate area, we help clients with incorporation and we prepare customized operating agreements, partnership agreements, and by-laws. We also help clients understand and navigate their rights, obligations and remedies in connection with hiring and terminating employees. We have represented buyers and sellers of many different kinds of businesses, each with its own unique and varied concerns.
Miller Law Offices, PLLC provides legal advice and professional services in connection with transactional legal work. Transactional law is varied and complex, and even in the best of circumstances, transactional work can be a minefield with unanticipated consequences. Agreements are generally not “iron clad”; well crafted contracts can still wind up in litigation.