Legal Services by Law on Call

• Employment Agreement
  An employment agreement is a contract between an employer and employee. It spells out the rules, rights and responsibilities of both parties, including any special obligations that are unique in a specific hiring situation. An employment agreement may provide terms and conditions of the employment relationship, including duration, salary, bonuses, benefits, responsibilities, protections on confidential information, and rules for reviews and termination. For employers, ensuring an employment agreement says what’s intended is essential. For employees, understanding your rights and responsibilities is just as important.
• Employee Handbook
  An employee handbook is a compilation of the policies, procedures, working conditions, and attendance and behavioral expectations that guide employees’ and employer’s actions in the workplace. A handbook also outlines the procedures for handling complaints of discrimination, harassment and retaliation. The challenging and ever-changing landscape of employment law requires employers to periodically review their policies and procedures. A regular recurring attorney review is essential.
• Independent Contractor Agreement
  An independent contractor agreement is a contract between a company or individual and an independent contractor that spells out the rules, rights and obligations of both parties, including any special obligations undertaken that are unique in a specific situation. An independent contractor agreement may provide terms and conditions of the relationship including duration, compensation, responsibilities, protections for confidential information, and rules for reviews and termination of the agreement. Whether you’re a business owner or a contractor, it’s important to make sure an agreement meets your needs and that you understand your rights.
• Noncompete Agreement
  A non-compete agreement (post-employment restrictive covenant) is a written or oral agreement between an employer and employee. The employer agrees that the employee—either independently or as an employee of another person—will not compete with the employer in providing products, processes, or services that are similar to the employer’s products, processes or services.

• Asset Purchase Agreement
  An asset purchase agreement is an agreement setting out the terms and conditions of the sale and purchase of assets, typically business assets. An asset purchase enables a buyer to pick exactly which assets they are buying and identify precisely those liabilities they wish to take over or avoid.
• Contract
  A contract is an agreement between two or more parties creating mutual obligations that are enforceable by law. A contract includes a promise (or promises) by one party to do something in return for a valuable benefit from the other party.
• Deed of Trust
  A deed of trust is an agreement between a lender and a borrower to give control over property by securing a loan to a neutral third party who will serve as a trustee. The trustee holds the property until the borrower pays off the debt.
• Loan Agreement
  A loan agreement outlines the terms of a loan between a lender and a borrower. It is intended to protect all parties involved and help secure the repayment of the loan. A loan agreement not only details the terms of the loan, but also serves as proof that the money, goods, or services were not a gift to the borrower that must be repaid.
• Promissory Note
  A promissory note is a financial document (often called a financial instrument) that contains a written promise by one party to pay another party a definite sum of money in the future. A promissory note typically contains all the terms pertaining to the indebtedness, such as the principal amount, interest rate, maturity date, date and place of issuance, and issuer’s signature.

• LLC Operating Agreement
  An operating agreement is a key document to draft when starting an LLC. It outlines an LLC’s internal rules, regulations and provisions. The purpose of an operating agreement is to govern business operations and help avoid misunderstanding and miscommunication between members (owners) and/or managers of the LLC.
• Corporate Bylaws
  Corporate bylaws are the internal written rules for conduct of a corporation. They create the structure of the corporation and help make sure it runs smoothly by providing the information necessary to guide shareholders, executives and employees as they perform their various functions. Bylaws are an essential consideration when starting a corporation, but should not be confused with the articles of incorporation, which only state the basic outline of the corporation.
• Nonprofit Corporate Bylaws
  Nonprofit corporate bylaws are internal written rules for conduct of a nonprofit corporation or other nonprofit organization. They supplement the rules already defined by a state’s corporations code and guide how the nonprofit is run. The bylaws create the structure of the nonprofit, help ensure it is operated in compliance with nonprofit rules and regulations, and help it run smoothly by providing guiding information to directors and officers as they perform their various functions. Nonprofit bylaws are extremely important to consider when starting a nonprofit.

• Non-Disclosure Agreement
  A non-disclosure agreement (NDA, confidential disclosure agreement, CDA, confidentiality agreement, or proprietary information agreement) is an agreement wherein an employee, independent contractor, or a third party agrees to protect the secrecy of a business’s confidential information when entering into a business relationship. NDAs can be unilateral (one party shares information with another party) or bilateral (two parties share information with each other).

An advance health care directive is a written document detailing a person’s desires regarding their medical treatment in circumstances where they can no longer express informed consent. In the document, a person appoints someone as their proxy or representative to make health care decisions, including whether to maintain extraordinary life-support if the person becomes too ill, is in a coma or is certain to die.

A power of attorney is a written document that gives an elected person the power to act on behalf of the person granting the power. Typical powers granted include financial and real property matters. There are two types of power of attorney: (a) general power of attorney, which covers all real property and financial matters, and (b) special power of attorney, which grants powers limited to specific matters, such as selling a piece of real estate or managing an investment portfolio. A power of attorney may take effect immediately, upon the grantor’s incapacity, or upon the happening of some other future event. A power of attorney specifically for medically related issues can also be created.

A trust is an estate planning tool. It is a fiduciary relationship that allows a third party (trustee) to hold property or assets on behalf of a beneficiary. Trusts are legal entities established to provide legal protection for a trustor’s assets. A trust is established, among other reasons, to allow assets to pass to beneficiaries outside of probate, to ensure that those assets are distributed according to the wishes of the trustor, and to avoid or reduce certain tax obligations.

A will is an estate planning tool. It is a written, legal document expressing a deceased person’s final wishes regarding the disposition of their real and personal property. It may include, but is not limited to, naming guardians of minor children and bequeathing real or personal property, cash, and other assets to friends, relatives, or charities.

It is common for an estate plan to consist of a trust, a will, one or more powers of attorney, an advanced health care directive, and other documents. It is often beneficial to have all of these documents in place, since each serves a specific purpose, yet together they provide the most convenient way to protect your assets and ensure their proper disposition upon your death.

A lease agreement is a written agreement in which the owner of property (usually real estate or a vehicle) allows another to use the property under specific terms and conditions. The terms and conditions include, but are not limited to, a specified period of time for which the property will be leased (term), and the identification of specific periodic payments (rent).

A sublease is the re-renting of leased property. It typically involves an existing tenant (lessee) leasing all or a portion of the leased premises to a third party, and may last for all or a portion of the existing tenant’s remaining lease contract term.

A commercial construction contract is a legal agreement that identifies the terms related to a commercial construction project. It defines what work will be done, the timeline, who will participate in which aspects of the construction process, the cost of labor and material, procedures and costs for changing the scope of work, how the parties will communicate, and how any disputes will be resolved.

A residential construction contract is a legal agreement that identifies the terms related to a residential construction project. It defines what work will be done, the timeline, who will participate in which aspects of the construction process, the cost of labor and material, procedures and costs for changing the scope of work, how the parties will communicate, and how any disputes will be resolved.

A commercial construction sub-contract is a legal agreement that identifies the terms of what a subcontractor will do for a general contractor in a commercial construction project. It defines the work to be done by the subcontractor, including the timeline, cost of labor and material, procedures and costs for changing the scope of work, how the parties will communicate, and how any disputes will be resolved.

A residential construction sub-contract is a legal agreement that identifies the terms of what a subcontractor will do for a general contractor in a residential construction project. It defines the work to be done by the subcontractor, including the timeline, cost of labor and material, procedures and costs for changing the scope of work, how the parties will communicate, and how any disputes will be resolved.

A deed is a signed, written, legal document that transfers title (ownership) or an interest in real property/assets to another person.

A commercial purchase and sale agreement is a document received after mutual acceptance of an offer for the sale of commercial real property. It states the final sale price and all terms of the purchase. Typical terms include the sale price, earnest money details, the closing date, due diligence dates, information about title, and several contingencies that must come to fruition in order for the sale to become final (i.e., inspection, financial, appraisal, etc.).

A residential purchase and sale agreement is a document received after mutual acceptance of an offer for the sale of residential real property. It states the final sale price and all terms of the purchase. Typical terms include the sale price, earnest money details, the closing date, due diligence dates, information about title, and several contingencies that must come to fruition in order for the sale to become final (i.e., inspection, financial, appraisal, etc.).