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Georgia Contracts serve you best if they are drafted properly and negotiated as needed.  We know the importance of making sure that your business contracts and agreements are negotiated and drafted correctly to ensure that your interests and rights are protected. We take a strategic approach when it comes to business contracts and agreements. We want to make sure that your present and long-term objectives are taken into consideration, even as we protect you from unnecessary lawsuits.

Here is a list of some of the many contracts and agreements that we draft, review, and enforce for our business clients:

  • Business contracts
  • Entertainment agreements
  • Sports and Arts Agreements
  • Commercial leasing agreements
  • Service contracts
  • Equipment leases
  • Sales and marketing agreements
  • Agency agreements
  • Acquisition agreements
  • Employment contracts
  • Confidentiality agreements
  • Covenants not to compete
  • Independent contractor agreements
  • Prenuptial and postnuptial agreements
  • Real estate contracts
  • Sale and lease contracts
  • Sureties and surety bonds

In business, disputes are inevitable. This is why we take such detailed care when it comes to the development and implementation of our clients’ business agreements and contracts. We want to protect you and your business from unnecessary liability. In the event that litigation is unavoidable, our business litigation team will provide you with aggressive representation.

We are also well-versed and experienced with the issues that arise in contract law and contract litigation, including matters involving the Uniform Commercial Code (UCC).

We have the legal skills, resources, and knowledge to represent you in a number of contract law and contract litigation issues:

  • Offer and acceptance
  • Consideration
  • Counteroffer
  • Acceptance and delivery; rejection
  • Good faith
  • Detrimental reliance
  • Statute of frauds
  • Force majeur
  • Assignment
  • Partial or substantial performance
  • Fraud and misrepresentation
  • Mitigation of damages
  • Specific performance and estoppel
  • Calculation of damages

Because we want to make sure that we offer you every legal tool at our disposal, The Libby Law Firm offers a variety of business law and business litigation solutions for all of our business clients, and we will customize our different services to fit your specific legal needs.

The Libby Law Firm is proud to represent clients from the cities of Marietta, Brookhaven, Decatur, Roswell, Peachtree Hills, Lawrenceville, Sandy Springs, and Buckhead, as well as from other cities in the Atlanta Metro area in Clayton County, Fulton County, Gwinnett County, Cobb County, and Dekalb County.

 

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

Should you bind your case over to State court?

Next you must determine, from a strategical standpoint, whether it would be in your best interest to bind your case over. To do this you have to consider where you’re more likely going to get a good plea deal, or a fair trial. There are advantages and disadvantages to Municipal Courts as well as State/Superior Courts. One obvious advantage is that State/ Superior Courts have jury trials. However, one disadvantage is that binding your case over is not a quick process, it can take months or years. Most importantly, when deciding if you should bind your case over you should contact a trained legal professional to help you. The attorney should be well informed with the Court, the Judge, the Prosecutors, and the process. Having a knowledgeable attorney will make this decision easier for you.  If you are trying to decide the next steps in your criminal case, contact us.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

What does it mean to bind a case over?

Many state level misdemeanors like traffic citations, driving under the influence (DUIs), and other state level misdemeanor crimes such as Shoplifting, Possession of Marijuana (Less than 1 oz.), Criminal Trespass, and more, originate in the Municipal Court of the city where the alleged offense took place. If someone is charged with state-level offenses, they have a Constitutional right to a “public and speedy trial by an impartial jury.”  Since Municipals Courts in Georgia do not hold jury trials. Therefore, in order for a defendant to obtain a jury trial, he must make a demand for jury trial to Municipal Court. The Municipal Court will then “bind over” the case to the State Court of the county where the alleged offense took place. If there is no State Court in that county, the Municipal Court will bind the case to the county Superior Court.

Is your offense eligible to be bound over?

Not all offenses are eligible to bind over to State or Superior Court. If your case is not eligible to be bound over, you do not have a right to a jury trial. Georgia courts distinguish between crimes that are “solely violations of local or municipal ordinances,” and crimes where the offense is a violation of an ordinance as well as a misdemeanor under state law. Where there is an offense of a local ordinance and a state level offense, the State/Superior Court has “concurrent” jurisdiction over the case. 

Generally, if you are charged with a misdemeanor you have the right to bind your case over. For instance, if you are charged with speeding, you have the right to a jury trial which means you have the absolute right to bind your case over to State/ Superior Court. Clark v. State. Also, as Marijuana is becoming more and more common in America, Georgia has implemented a statute that allows defendants accused of Possession of Marijuana (Less than 1 oz.) to bind their case over to State/ Superior Court. 

However, if you are accused of violating a local zoning ordinance, you most likely will not have the right to neither a jury trial or to bind your case over because zoning violations are not state level misdemeanors.  Determining what your charges are is the first step in determining whether you should bind your case over.

If you or someone you know is charged with a crime and would like to bind your case over, don’t hesitate to contact us.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

No one likes thinking about their own or their loved one’s potential incapacity. Unfortunately, many of us will likely find ourselves in need of a financial agent, or someone to step into our shoes and act on our behalf for all financial matters. Who knows when the day will come that I am struck by another motorist and end up in the Shepherd Center, alive but unable to handle my own affairs. One day I may be one of the over 5.7 million Americans who are living with dementia. At some point in the disease progression, it is necessary for someone else to handle my finances.  This is a real possibility.

When thinking about planning for a potential incapacity, the Power of Attorney for Finances always comes up. Here are the last two of five things to know about the Power of Attorney in Georgia:

3. Banks may request their own POA forms.

Banks are still refusing to accept the new POA document. The Uniform Power of Attorney Act gave us more authority to compel banks to accept POAs, and it has worked, some. Banks, however, are leery of fraud and take every measure possible to protect themselves and their account holders. Unfortunately, this protection has been a barrier for many families caring for an incapacitated loved one. We still recommend that, when possible, you preemptively contact each of your financial institutions and complete their Power of Attorney form in addition to having a General Durable Power of Attorney form. This may be overdoing it, but this proactive step can save your loved ones.

4. The Social Security Administration and the Veterans Administration do not recognize POAs.

Many families are surprised and frustrated to learn that their POAs mean nothing to the Social Security Administration or the Veterans Administration. SSA requires that any potential agents apply to become a Representative Payee. You can learn more about the “rep payee” program here https://www.ssa.gov/payee/. The VA likewise has its own process for selecting financial agents, and they also do not accept any POAs. In the VA system, if a veteran is incapable of managing his or her finances, the VA will call for the appointment of a fiduciary. https://benefits.va.gov/fiduciary/. The appointment of a VA-Approved Fiduciary often delays benefits as the VA investigates the potential fiduciaries.

5. The Consumer Financial Protection Bureau created a resource for financial agents.

Many financial agents find the role of financial caregiving to be overwhelming and confusing. The Consumer Financial Protection Bureau created easy-to-understand tools to help caregivers manage a loved one’s money: Managing Someone Else’s Money guides. They has created a Georgia-specific guide.

Planning for incapacity is an important part of estate planning. If you are ready to create a complete estate plan or need to review your existing plan, please contact us to arrange your consultation. We are available by phone and through our website.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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