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Contract Loopholes: Everything You Need to Know

Contract loopholes are omissions or ambiguities found in contracts that are included to create ways for parties to avoid following requirements in the contract. They may not be noticeable until the damage has been done, so it’s essential that no loopholes exist in contracts.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

What Is a Contract?

A contract is an agreement between two or more parties that is enforceable by law. Although a contract can also be oral, it’s usually in the form of a legal document signed by two or more parties.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

When Can You Void a Contract?

There are certain situations when a contract needs to be broken; for example, when a contract does not meet the legal requirements. In such scenarios, courts can void a contract. Following are some of the major reasons for voiding a contract:

• Impossible to Perform

• Fraud and Misrepresentation

• Breach of Contract

• Prior Agreement

• Grossly Unfair Agreements

• Incapacity

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For a Contract Attorney – contact the Sodhi Law Group today.

The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.

This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.

Have questions?  Contact Sodhi Law Group at https://www.sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.

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Business Law Legal Assistance | Sodhi Law Group

All businesses small or large need the assistance of attorneys for numerous reasons. Business owners are involved in many aspects of legal positions that do require legal assistance. Such as lawsuits, complying with labor laws or contracts. An attorney enhances owners’ awareness and understanding of different legal issues if and when they arise or to help keep legal issues from arising in the future.

One of the main reasons a business owner hires an attorney is for contracts. Contracts are very complex and may require many levels of document preparations and negotiations. Creating a contract includes information that has been exchanged by multiple parties. Then negotiations take place and eventually the signing of the contract when all parties have agreed to terms.

Contracts are legally binding and must be valid in order for it to become legally binding. An attorney will be involved in every aspect of the contract formation. An attorney can protect you and your company from the negative consequences of a bad contract. They can also assure your business interests and legal rights are properly protected.

Many situations can arise for business owners that demand the involvement of an attorney. These can include being sued by employees or clients and legal violations. Not all business owners have obtained the knowledge to take on legal matters on their own. Having an attorney to assist in the legal aspects of your business helps to ensure it is compliant and functional.

When starting or running a business too many legal aspects are involved. Having legal assistance on your side is critical to running a smooth and successful business. It is a required cost that will save money, time and headache in the long run.

Business Law Legal Assistance case |contact sodhi law group today.

The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.

This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.

Have questions?  Contact Sodhi Law Group at https://www.sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.

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Raquel Sagastume Bookkeeper | Sodhi Law Group

Raquel just joined the Sodhi Law group at the end of 2019 as our bookkeeper. In this short period of time, she has made a big impact on the ongoing operational success of our company. With a vast professional history, Raquel has proven to excel with any project or task handed to her. In turn, having an array of titles and skill sets has made her a key team member in our firm.

Raquel started her career as a cosmetologist in 2006 while going to school to earn her Bachelor’s Degree in Human Services. Which she obtained in 2012. After that, she dabbled in sales and later started to work for a nonprofit organization. During her time at the non-profit organization, she held many positions. Positions such as receptionist, event coordinator, program coordinator, executive assistant, and bookkeeper.

The bookkeeper whose place she took, trained her into her new position as bookkeeper. Which she found she had a knack for numbers and grew her bookkeeping skills. She has been able to bring her skill set to our group with over 3 years of experience as a bookkeeper.

When out of the office she enjoys spending time with her family and being a mother to her two sons, crocheting, sewing and any DIY projects she can find.

Raquel Sagastume,  Firm BOOKKEEPER – contact sodhi law group today.

The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.

This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.

Have questions?  Contact Sodhi Law Group at https://www.sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.

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Defamation Libel and Slander | Sodhi Law Group

Defamation is a falsely written or spoken statement about a person that harms their personal or professional reputation. It can also cause damage financially and emotionally.  Libel is a written form of defamation and slander is a spoken form of defamation.

In defamation cases, you must prove the statement is in fact untrue. If the statement is correct and causes damages a personal or professional reputation it would not be considered defamation. It has to be a false statement claiming to be true or the claim will be barred. You may also have to prove that the person who made the statement was aware that it was false when made, or did not thoroughly complete proper research to accurately make the statement.

Lastly, in order to be considered defamation, the statement made must be published. Whether the statement is published online, in a magazine or book, or even on a news broadcast it would be considered defamation.

If these three things can be proved then it is assumed that damages have come from the defamation. To pursue recovering for these damages, financially or emotionally, proof that the person made the statement maliciously would have to be established. This is not always easy to prove, especially when the plaintiff is a public figure. People in the public eye are more likely to have statements made about them and it is harder for them to make a defamation claim.

A statement that is nothing but an opinion that can not be claimed as defamation unless it is presented as a fact. Opinions are protected speech and courts do not want to impede upon that right. In a world where online content and social media makes it alarmingly easy to write and post about one’s opinion and throw out false statements for the world to see. As easy as that is it makes it harder to determine if it is indeed defamation.

Libel and slander defamation cases are strenuous, demanding and emotionally exhausting.

They can sway decisions often on very subtle interpretations of the law and the evidence provided. It is imperative to contact an attorney and have someone on your side with the knowledge and understanding of the laws to ensure a positive outcome of your case. Hiring a strong attorney is crucial to guarantee the process of the case is done efficiently and advantageously as possible.

For Your Defamation Libel and Slander case contact sodhi law group today.

The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.

This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.

Have questions?  Contact Sodhi Law Group at https://www.sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.

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Lawsuit Defense Attorney – Sodhi Law Group Modesto

When an individual or group has filed a lawsuit the defendant is then provided a summons. Whether it be in person or through mail. When a complaint has been filed and a summons provided, there is a time restriction on giving an answer. This time limit is usually between twenty to forty five days. This answer is a document that must be filed with the same court, stating in writing about the claims made against the defendant.

How to respond to a summons and complaint depends upon all the elements in the particular case. Every case is different. It may seem that ignoring it rather than dealing with it could be an option, however that could make matters worse. If an answer is never recieved, a motion for entry of Default Judgement can be filed. This means the plaintiff can be awarded reasonable damages requested by the plaintiff.

If the judge approves this motion a default judgment will be entered and can result it the court awarding a money judgement by default. They can then seek for wages to be seized and any bank accounts can be attached or even property to be taken. If this occurs there is a time period where the defendant can pay on the judgement or rebut the judgement.

Before proceeding with anything, contacting a good Lawsuit Defense lawyer is key to the litigation process. Once a lawsuit has been filed a great lawsuit defense team is the best foundation to build the defense upon. With so many steps, rules and deadlines having a top notch defense lawyer leading through every process will ensure success.

A well versed lawsuit defense lawyer knows the ins and outs of the litigation process. Knowing defenses such as Failure to state a claim, meaning that the plaintiff has failed to present adequate facts supporting the complaint or reason for filing a lawsuit. Another defense is the statute of limitations. This is a set maximum time period where they have to initiate legal proceedings.

Once a civil lawsuit is filed a great effort has to be put forth in the lawsuit defense process. A lawsuit defense may require putting together interrogatories or depositions which can then lead to serious settlement discussions. All the time and stress can be made an easy process allowing for a more positive and victorious outcome.

Contact Sodhi Law Group of Modesto

The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience, and over 90% successful court cases since 1999*.

This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.

Have questions?  Contact Sodhi Law Group at https://www.sodhilawgroup.com/ or (209) 263-4820. Also follow us on FaceBook today. Or fill out the form below.

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Business Law – Sodhi Law Group Modesto

Business law, also known as Commercial law or trade law, includes many different laws that include commercial or business matters. It includes anything from starting a business to closing or selling a business. Each type of business or organization has its own set of Business laws.

It is exciting to run your own business and being your own boss, however, putting in all that hard work could be jeopardised if you do not know the laws associated with running your business. Business law lawyers specialize in making sure you and your business are protected. They are there to make sure every step of running your business is done right from start to finish.

Business law covers so many laws, from trademarking and patents to how to hire and what employee benefits must include. Has someone already trademarked my business name? What kind of licenses are required? How will my taxes be affected? When buying a business can I make new contracts for the employees currently employed? Or do I have to uphold the previous contracts implied by the previous owner?

All of these questions and more have some type of Business law implied, such as:

• Intellectual Property Law
• Consumer Protection Law
• Employment Law
• Real Estate Law
• Contract Law
• Property Law

Do not hesitate to contact a Business Law Lawyer if you are about to start your own business or you are not sure what laws, codes or licenses needed apply to you and your business. Do not put at risk all your hard work and time spent. Make sure your business is built and protected appropriately so your business can flourish to its full potential.

You may wonder if you even have a viable case. Laws are constantly changing, being taken away or added. It is hard to keep up with all the changes and that is why you should always contact a personal injury law firm. They can counsel you on the best actions to take and will let you know if in fact is it a viable case.

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Helping Others For Free or a Reduced Fee.

For decades, pro bono service organizations have helped marginalized communities and underserved populations that are denied access to justice.  These populations often include children and the elderly who lack the income necessary to pay for services.  A lawyer may also privately accept a case “pro bono,” meaning that he won’t charge the client or he will accept a significantly lower fee for his services.  He or she may take the case without pay in order to devote time and effort to improving or amending the law or the legal system, such as through lobbying. He or she may also contribute financial resources to organizations that provide free or reduced-fee legal services to clients of limited means as a means of “pro bono” participation.

Providing a Service That is in High Demand.

There’s an overwhelming need for legal service among the impoverished.  According to an American Bar Association study, at least 40% of low and moderate-income households experience a legal problem each year. Yet, the collective civil legal aid effort meets only about 20% of those legal needs.

Every lawyer has a professional responsibility to provide legal services to those unable to pay. Under ABA Model Rule 6.1, a lawyer should aspire to render at least 50 hours of pro bono legal services per year.  The ABA offers dues waivers to certain senior and inactive members of the bar who volunteer 500 or more hours of their time. Some law firms and local bar associations may recommend fewer or more hours of pro bono service.

It’s an Investment for Lawyers.

In the legal world, many attorneys are asked (if not required by the state or their firm) to take on pro bono cases every so often.  This may be to promote the firm’s agenda or as a public service to an individual or a group of people that can’t afford to stand up to a government entity or large company on its own.

Highly publicized cases often entice attorneys or law firms to provide pro bono work.  These services are provided for low or no fee because winning the case could mean a high level of recognition for the lawyer or law firm – and perhaps means scoring future clients.

Typically, pro bono cases are about passion for the attorney – passion for serving, for publicity, or for the cause.  All can be ways that an attorney gets “paid” for pro bono work.  The work comes from the heart.  When an attorney is driven by passion in their pro bono case they will work just as hard or harder than in others where he or she is making money.

Pro bono work is also seen as a form of charitable service that can often give attorneys a sense of purpose and mission to their practice, outside of money.  Attorneys at times get a bad rap.  Pro bono work (and wins in these cases) can help burnish the image within the community in which these attorneys serve.

Where to Obtain Pro Bono Services.

All state and local bar associations have pro bono committees where attorneys can volunteer their time.  They might also provide help through legal aid services structured to offer free representation or representation on sliding fee scales for those who cannot afford help otherwise.  Legal aid services vary by area of law so it’s always good to browse until you find the right one for your legal issue.  For a list of free or reduced cost legal aid services visit http://www.probono.net/aba_oppsguide/search?state=CA.

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A lawyer and an accountant are essential to every business, large or small.

There are two professionals every business will need early on, an accountant and a lawyer. The reasons for hiring an accountant should be obvious; you need someone to help you set up your “chart of accounts,” review your numbers periodically, and prepare all of your necessary federal, state, and local tax returns. The reason for hiring a business attorney may not, however, be so apparent. A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation, lawsuits, and liability. The initial expense is well worth it for the undoubtedly more expensive problem that will arise without the advice.

To develop the right business structure

Your business structure will determine what liabilities you face, how your entity is taxed, and how your profits are divided. Here is a brief overview of the different forms of business structures.

• Sole Proprietorship – One of the simplest structures for a business. You have complete control and face 100% liability. Tax wise, you and your business are one in the same. Many people are sole proprietors without knowing it (a freelance graphic designer, for example).
• Partnership – A business that is owned by two or more people. Partners share profits as well as losses. Partnerships are required to register their business with the state.
• Corporation – A private entity owned by shareholders. The corporate structure also helps create a barrier for your own personal assets in case you get sued.
• S- Corporation – This structure is very similar to a corporation, but it gets taxed differently. Corporations face double taxation since their shareholders and the company itself are two separate legal entities. An S-Corporation’s income is only taxed once.
• Limited Liability Company (LLC) – One of the most popular structures for small businesses. An LLC has the asset protection of a corporation and its profits are not taxed. Instead, members of the LLC report profits and losses on their personal tax returns.

Based on your needs, a lawyer can help steer you in the right direction in selecting the legal structure for your business. Some things may be obvious, like a neighborhood shop may not need to be set up as a corporation. However, some things may not be so clear like how you will be taxed, or what you can be held personally liable for.

A lawyer can help you avoid trademark and intellectual property issues.

You could have a great product or service but might face plant when it comes to selecting the name. Did you know that Starbucks was nearly called “Pequod’s”? Or that Pepsi was first released as “Brad’s Drink”? Additionally, a bad name may just be the least of your issues when you receive a cease and desist notice for unknowingly using someone’s trademark.  It’s their job to research trademarks so that you avoid infringement and to scout any potential issues. Once your brand is established, they will also help protect your business’s name. Establishing a trademark can be research intensive and time-consuming. Having a lawyer take care of these matters can let you fully dedicate yourself to getting your new business started and avoid any potential conflicts before establishing the business’s brand and image.

Every business deals with contracts.

Contracts play a major part in businesses, no matter what size. You will need them to handle sales, employees, and leases. A good lawyer at your side can help you develop contracts to steer you away from potential legal troubles. They can also lobby for your best interests in the contracts you make or enter into with external parties. The commercial property lease agreement is a contract that you will definitely want to look over with an attorney. Generally, these contracts are drafted by another lawyer and are made to favor the landlord. Although this can sound intimidating, you can effectively negotiate the terms of the lease with a lawyer at your side.

Keeping you out of trouble will cost much less than getting you out of trouble.

Most small businesses don’t consider hiring a lawyer until they are served with a summons and complaint.  Terrible mistake. The time to connect with a good business lawyer is before you are sued.  Once you have been served with a summons and complaint, it’s too late–the lawsuit has been filed and the problem has begun.  Now it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.

If you are sued, having a lawyer already in your court means they know your business well.

It’s frustrating to find out mid-lawsuit and hundreds or even thousands of dollars later that this problem could have been avoided by having the proper legal advisor on your team. If you are threatened with legal action, having a lawyer already on your team means that he already knows your business, which allows him to hit the ground running. Even more importantly, a savvy business lawyer will have constructed your business agreements in such a way that you will have an immediate advantage in a legal dispute.

What will happen to your business if you die?

When you’re dead, you’re dead. What happens to your business, however, will be whatever you planned for. What! No plan? That can be chaos for your family, business associates and the business itself — an avoidable mess. Don’t expect to be remembered fondly.  You should not feel alone, however.  Fewer than 30% of small business owners have a succession plan. When a business owner dies without a plan, what happens next depends on the structure of the business. Dodging death?  That’s someone else’s department.  But you’re an entrepreneur. You can determine what happens to your business by working with an attorney to create a result that you intend. The right attorney will help you craft the details of succession planning within that structure so that if you are gone your wishes and not the courts are granted.

If you are an entrepreneur looking for answers to your business questions or your business is being sued and you don’t know what to do, contact SODHI LAW GROUP by clicking here to contact us today or give us a call at (209) 287-3262 and we can get you on the right track!

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