Breach of Contract Issues: Should You Sue?

A party failing to follow through on contractual obligations is a common occurrence that can throw individuals and business owners for a loop. So what can you do if you are on the losing end of a breach of contract? Although there are legal remedies available, it is important to determine whether filing a lawsuit is the most effective course of action. Before suing someone, the best contracts lawyers recommend that you speak to an attorney and find out whether it is worth your time and money.

Do You Have a Viable Case?

The first thing to do is to figure out whether you have a viable breach of contract case. An attorney can determine whether you have a cause of action by breaking a potential lawsuit down into certain elements. Factors that influence whether you have a good case include:

Contract formation – You must demonstrate that you entered a legally binding contract with the other party. Of course if you have a written agreement that is signed by both parties, this element is easier to prove. Determining whether you have a legally enforceable oral or implied contract based on your specific situation is more challenging.

Performance – You must also prove that you met your obligations under the terms of the contract. For example, if you are selling property and did what was required according to your real estate sales agreement but the other party reneged on the deal for an invalid reason, your real property lawyer may recommend that you go to arbitration or sue to keep all or a portion of their earnest money deposit.

Breach – Proving that the other party failed to meet their contractual obligations can be an uphill battle, especially if it is for something like a contractor doing shoddy work, as these determinations can be subjective. Having a lawyer by your side is critical to ensuring you have the necessary proof to demonstrate a breach.

Damages – Finally, you must establish that you suffered economic losses due to the other party’s breach of contract. Although you may think that proving this element is fairly straightforward, in certain circumstances it can be quite complex.

Can You Collect What You are Owed?

It is also vital to determine whether the other party can pay if you obtain a judgment against them. If you know that they do not have the funds, there is no point in suing them. However, if an individual or business has plenty of resources to pay what they owe, your attorney can look into different ways to collect, including wage garnishment, liens or other attachments to assets.

Alternatives to Litigation

Settling a dispute outside of a courtroom is usually more expedient and less expensive.  Your attorney can negotiate with the party directly or you can hire a mediator to a solution that works for everyone. Many contracts include an arbitration clause, which means you are required to go through binding arbitration instead of filing a lawsuit. There are exceptions to this rule if the terms of the agreement are deemed unconscionable or unfair. Using alternative dispute resolution is usually your best bet when dealing with a business partner. One way to potentially avoid this type of situation is to have a business succession planning attorney help you create a framework for what will happen if one partner leaves the business.

Dealing with breach of contract issues can be stressful and overwhelming. Our experienced team of contracts lawyers, business lawyers, estate planning attorneys and lawyers who deal with wills can help you resolve almost any type of legal issue you may be facing.

This blog was originally posted at https://carosella.com/blog/breach-of-contract-issues-should-you-sue/

Estate Planning for Family Heirlooms

Estate planning is a process that involves more than just specifying how valuable assets such as cash, real estate and other property will be divided. Other items such as family heirlooms may have more sentimental than monetary value, but they can be just as important to your loved ones. Including keepsakes and heirlooms in your estate plan can help your family avoid conflict and give you peace of mind. A Wills and estate attorney can help you create documents that outline your wishes for what should happen to specific items after your passing.

Talk to Your Loved Ones

Unfortunately, many people put off discussing estate planning with their loved ones, which can lead to problems down the road. Make a list of special possessions and the people you would like to give them to. Once you make the list, talk to each person individually and let them know your intentions, or you may want to gather everyone in a group. Each circumstance is different and only you know the best way to navigate your family dynamics. Being clear about your wishes ahead of time can help your family avoid any inheritance disputes.

Gift Items Now

Giving items away now gives you the benefit of seeing your friends and family enjoy the things you love.  If you have any items of significant value, talk with your estate law attorney about any long-term care planning or tax implications of gifting while you are still alive. Depending on the circumstances, putting certain assets in a living trust may be more appropriate, and can keep your family from requiring the services of probate attorneys to help settle your estate. .

Create a Personal Property Memorandum

Whether you already have a will or you are in the process of creating one, listing all of your property and who should have it within the will is not convenient or efficient. A personal property memorandum is an accompaniment to your Will, and can be in the form of a simple list or contain detailed instructions. Being as specific as possible is usually the best way to go to avoid any confusion later on. Your wills and trusts attorney can help to ensure this document meets proper legal standards.

Consider a No-Contest Clause

If you believe someone may contest your will, you can include a clause in your estate planning documents that states that an heir who challenges your will (and loses) gets nothing. This clause is commonly called a “no-contest” or “forfeiture” provision and can protect the legacy you want to leave behind.

Our experienced team of estate planning attorneys, real property lawyers and other legal professionals can help you build a personalized, comprehensive estate plan that protects your assets and ensures your loved ones are well taken care of.

This blog was originally posted at https://carosella.com/blog/estate-planning-for-family-heirlooms/

Can You Be Charged with DUI as a Medical Marijuana User in Pennsylvania?

More and more people are using medical marijuana for a variety of conditions. However, Pennsylvania law has not addressed the nuances of how or whether a medical marijuana patient should be charged with DUI if they are pulled over. Even if a driver is legally authorized to use cannabis and they are not high or impaired, if THC shows up on a drug test they can be charged with DUI. A drug DUI conviction can have serious consequences, so if you or a loved one has been charged it is critical to seek the counsel of an experienced Chester Country criminal defense attorney.

Pennsylvania Marijuana DUI Laws

Many other states require proof of impairment or have per se THC limits for operating a vehicle, but Pennsylvania has a zero-tolerance policy for marijuana – hitting the road with more than one (1) nanogram/milliliter of THC or cannabis metabolites in your system is still a crime. Because trace amounts of marijuana can be found in a blood test for up to 30 days, even if a person did not recently use it they can still face the same harsh penalties as a driver with a high blood alcohol content.

Although lawmakers in the Pennsylvania House voted to amend the DUI law to decriminalize trace amounts of marijuana for medical users, it has not been passed by the PA Senate and signed into law. This means that the commonwealth’s 368,000 medical marijuana patients could still face license suspension, months of jail time and hefty fines for a DUI conviction.

If a bill amending current drug DUI penalties is signed into law, police and prosecutors would need to prove that a licensed medical marijuana patient is impaired while driving instead of relying on a blood test to show that they used marijuana. DUI attorneys are keeping a close eye on this legislation and consider it a big win for medical marijuana patients if it becomes law.

Contact an Attorney if You Have Been Charged with DUI

Regardless of what type of charges you may be facing, it is always a good idea to have an experienced West Chester criminal lawyer by your side. Even if you have already been convicted of a DUI due to marijuana use, a defense attorney can help you apply for a pardon. Pennsylvania Governor Tom Wolf has already signed more than 300 pardons for people who were convicted of charges relating to marijuana, including some non-violent offenders who were convicted of illegal marijuana possession.

Although new legislation and Governor’s pardons are positive signs that the stigma surrounding marijuana use is changing, medical users are still being convicted of DUI. A good defense attorney fights for your rights and may be able to get charges reduced or dismissed, which can help you avoid the personal, professional, and emotional fallout from a marijuana DUI conviction.

Have you been charged with a DUI or another marijuana-related crime? Our experienced criminal defense attorneys and Chester county felony lawyers can help.

This blog was originally posted at https://carosella.com/blog/can-you-be-charged-with-dui-as-a-medical-marijuana-user-in-pennsylvania/