Unfortunately, many businesses do not seek out legal advice until it is too late for an easy resolution.  If your company does not have a regular, outside attorney that it consults regarding its legal affairs, it might  be time for a legal checkup

Here are a few of the items that should be considered during a legal checkup:

• Has your business properly maintained its registration with the Secretary of State? It is surprising how many companies fail to maintain their annual registration and have been administratively dissolved.  The result is no corporate shield against liability.  Most of the time, reinstatement is possible, but you will need to act quickly.
• Does your business properly maintain its corporate records? Does it have corporate minutes or resolutions in lieu of meetings?  Many businesses fail to maintain these basic records, which places the corporation at risk
• Does your business properly maintain separate financial and other records? Are loans from shareholders or members properly documented?  Again, the failure to maintain separate documents for the business from your personal records can place the business and, in this case, you, at risk.
• Does your business properly document its contracts? Are they written?  Do these documents protect your company against making warranties?  Have the terms and conditions been professionally prepared?  Have they been reviewed recently?
• Does your business have procedures in place for handling and documenting potential claims? Are potential claims reported to your insurance company?  Unfortunately, many insurers seem to look for reasons to deny a claim.  If you don’t comply with the notice provision of your policy, you may be taking an unnecessary risk.
• Do you have procedures in place to comply with legal obligations regarding employment? Do you have a company handbook?  Do you have procedures for dealing with employee complaints?

Please note that this is not intended to be a complete list.  There are other issues that apply generally, and many others that may apply to your company’s particular circumstances.

How do you have a legal checkup?  Find a good business attorney and schedule an appointment.  Expect to spend some money to have it done correctly.  Although not an insurance policy or guarantee, a legal checkup will probably save you large amounts of money in the future.

Hiring a lawyer is not always necessary or even a good idea.  In almost every case, however, it is a good idea to talk to a lawyer.

The first type of case where you should think twice about hiring a lawyer is where there is only property damage.  Because the law only limits you to recovering the fair market value of your property or the amount to repair it, if less, that is all you will receive.  This means if your car was worth $10,000.00 and it was totally destroyed, that is all you will get.  Likewise, if it takes $2,000.00 to repair your $10,000.00 car, $2,000.00 is what you will receive.  It makes no sense to hire a lawyer if you can resolve the matter yourself, because you won’t end up with enough money to repair or replace your car.  To their credit, most lawyers want satisfied clients and as a result, they won’t take this kind of case knowing that you won’t be satisfied at the end.

The next type of case where you might be better off without a lawyer is if you suffer only minor injuries, such as where you only visit your doctor one time for treatment or just to get checked out.  Insurance adjusters are only going to offer you a nominal amount for your injury, with or without a lawyer.  It is CRITICAL, however, to talk to a lawyer and get PROPER MEDICAL TREATMENT.  Delays in getting treatment make it harder to establish the link between your injury and the treatment received.

In EVERY accident case you should talk to a lawyer.  A personal injury lawyer, who makes their living pursuing these types of cases, generally does so on a contingent fee basis.  This means they only get paid if there is a recovery for you.  As a result, they are unlikely to take a case where there is no chance of recovery.  Statistics show that recovery for an injured party is greater for those who have and attorney rather than handling the matter themselves.

The bottom line is, you should always speak to a lawyer when you have been injured.  You have nothing to lose and everything to gain.  You do not have to hire a lawyer just because you talk to them, but it does give you the best opportunity to preserve evidence, avoid issues resulting from delayed treatment and put your case in the best light from the beginning.  A lawyer who takes a case on a contingent fee basis won’t do so unless they see a positive outcome for the both of you.  It doesn’t guarantee you a positive result, but it improves your chances.

Unfortunately, it is unavoidable that, in some situations, the relationship between the tenant and the landlord will go sour.  When the problem between the landlord and the tenant can no longer be remedied, then tenant eviction becomes the only option

When to Evict

It is important for a landlord to realize that tenant eviction is not an option without any limitations.  Tenants are protected by law, and have the right to sue an abusive landlord.  The decision to evict needs to go through a proper process, with the needed documentation.  Hence, the landlord should have valid, legal grounds for evicting a tenant and these should be reflected in the eviction notice so the tenant fully understands them, whether they agree with them or not.

Giving the Notice

Assuming that the decision has been made to evict the tenant and that the proper documentation has been prepared, the landlord is obligated to notify the tenant beforehand that they are going to be evicted.  The notice may be mailed, hand-delivered or posted on the property depending on the terms of the lease.

In Missouri, if the tenant is being evicted for non-payment of rent, service of the summons is sufficient notice.  If the eviction is for some reason other than non-payment of rent, then the Missouri Statutes, as well as the lease, need to be consulted for the proper timing of the notice.

Inspecting the Property

The landlord should inspect the property after the tenant eviction.  This step should also be documented and the tenant should be given prior notice and the opportunity to attend.  The reason for this is to check for any property damage made by the tenant.  If damage has been noted, the landlord can withhold from the security deposit such funds as are necessary to repair the damage depending on the terms of the lease.

If the tenant does not voluntarily vacate the property, contact your attorney.  Self-help remedies can often result in more problems for the landlord than they are worth.