The Real Costs of Litigation

Rena McDonald

            It may seem odd to have an attorney talk about the benefits of not litigating a case, but as advocates for our clients we want to be sure that they receive the resolution that they are looking for without having to pay the high costs of litigation. Unfortunately, in our society, litigation is a part of a business owner’s life. Over half of all businesses have had a significant legal issue within the last two years. Every day I listen to people contemplating legal action against someone to resolve their issue. Litigation should be a last resort and several factors should be evaluated before you commit to filing a law suit.

            Is it worth it? First you must weigh the financial and emotional strain the litigation will place on you and your business compared to the possible results. Even if someone has “wronged you”, depending on the court that you are required to file in and the complexity of your matter, litigation can cost upwards of tens of thousands of dollars and there is no guarantee that the court will reimburse you for your legal fees and expenses. Litigation can also take years to resolve and does not ensure immediate resolution of your issues. 

            What will I gain? It is possible to be right and win a case, but never be compensated. The opposing party might be ‘judgment proof.’ They could file for bankruptcy or they might not have any assets to collect. The law prevents you from collecting certain assets such as income from social security or unemployment. Even if they are not judgment proof, there is a statutory limit on the percentage of funds you are allowed to collect from bank accounts and income. It may take years of time and energy to collect what you have been awarded. An experienced attorney can review the information and give their opinion as to the collectability of your case.

Some licensed professionals have their own regulatory systems which may be a perfect place to air your complaint. For example, let’s say you pay for an installation from a licensed contractor. If you are unhappy with their work, you can contact the Nevada State Contractor’s Board and an investigator will review the situation; if it appears that there has been misconduct the investigator will then set a hearing. If the contractor is licensed the Contractor’s Board may be able to make you whole thus Civil litigation would not be necessary unless you were unsatisfied with the results of that action.

Depending on your situation there may be other avenues for recovery that you can take to avoid litigation. Finding ways to resolve your issues without litigation can be easier, cheaper, and less stressful for you. Of course there are situations where litigation is unavoidable; in those situations hiring an attorney is imperative to protect your rights.

Civil litigation covers a wide range of legal disputes between two or more parties that seek money damages or specific performance rather than criminal sanctions. At McDonald Law Group we resolve matters including business disputes to breach of contracts, real estate, family law issues, and much more. Our attorneys have years of experience, using alternative methods to achieve resolutions without litigation.

            McDonald Law Group has spent the last 10 years providing litigation services to its’ valued clients. Let us resolve your civil disputes in a cost effective manner. This article is for informational purposes only and shall not be construed as legal advice or as creating an attorney client relationship. If you would like to discuss your options please feel free to contact us at (702) 488-4962 to set up a free consultation today.

Debt Management

Rena McDonald

 How do I Reduce my Debt?

 

Here at McDonald Law Group we understand that debt can be a complex, overwhelming, vicious cycle that is hard to navigate through. We are here to help you get through this tough time and become more organized with managing your debt. There are many forms of debt that one can have difficulties with during the course of their lifetime, including loans, credit cards, taxes, mortgages, etc. Our firm is prepared to help guide you on how to better manage and reduce your current outstanding debt.

 

Tax Debt

Owing money for back taxes can be frightening. The IRS or state tax department will seize and/or file liens against your business and/or personal assets, send you nasty letters, garnish your wages, and call you to harass you for payment. Fortunately though, you can negotiate with them to resolve these issues. It is better to deal with these issues quickly. The longer you wait the more tax you will pay.

 

Filing for Bankruptcy

Bankruptcy is a federally mandated way for individuals to get out from the overwhelming weight of their debt. Depending on the type of bankruptcy you qualify for you may be able to eliminate your unsecured debt, keep your assets and start over. The best way to help yourself is to deal with your issues of debt now so you can set yourself up for a better financial tomorrow.

How does filing a bankruptcy stop creditors from harassing you? What debt can you eliminate? Is filing bankruptcy stressful or embarrassing? What assets are protected in a bankruptcy? These are common questions when you are considering filing bankruptcy. All of these questions and concerns will be handled by the attorneys with their guidance and programs that have been designed here at McDonald Law Group. The attorneys in our office have years of experience in managing debt with specialized programs. We are determined at McDonald Law Group to help reduce your debt in the most effective way possible.

 

Chapter 13 Loan Modification Mediation Program

This program is designed to help homeowners who have recently filed Chapter 13 Bankruptcy. One of the biggest difficulties in dealing with the mortgage companies is getting to the right person. You will call, be transferred, get disconnected, sent to the wrong person, be given false advice, and/or they continually ask you for the same information. This process continues around and around until many home owners give up. In the mediation program the court is requiring the mortgage company to sit down at a table with a mediator and attempt to work out the terms of a modification. The hope is that the program will eliminate the run around and get the modifications done.

Over the years, McDonald Law Group has successfully helped hard working individuals with managing and reducing outstanding debt. We know that people fall on hard times and the bills can get overwhelming and pile up. We also know that everyone is only human and sometimes managing our debt is the last thing on our minds. We are confident that we can help you manage your legal needs in a cost-effective manner.  Please call us at (702) 448-4962 for a free consultation. This information is provided for informational purposes only. It is not legal advice and does not constitute an attorney client relationship.

 

Empowering your Woman-Owned Business with a Certified Registration

Rena McDonald

 

If you are a woman and you own a business, having a women business owner designation has many advantages. Most public corporations, as well as local, state, and federal government purchasing agencies, have programs for allotting a certain percentage of business to women-owned companies. Becoming certified as a Women-Owned Small Business (WOSB) can make the difference between landing that contract or not. However, the certification process is not without its challenges, and often times owners get discouraged during the process because they lack the proper guidance or misunderstand how the process works. 

 

According to the latest State of Women-Owned Businesses report, Las Vegas is home to 75,600 women-owned businesses, but a Small Business Administration database search shows only about 270 businesses have initiated the process necessary to compete for federal contracts specifically set aside for certified women-owned small businesses. Nevada women who own small businesses are missing out on millions of federal dollars, data show. This is where we can help. 

 

First, you need to know if your business qualifies for WOSB status. An essential requirement for achieving certification is majority control. That means a woman must own at least 51% of the business to qualify for certification. However, ownership is just a part of the equation. A woman must also hold the highest position at the company, be active in daily management, and the strategic direction of the company. Proof of establishing a woman is truly at the helm of the ship can be frustrating and halted with any misstep, so hiring an attorney can help alleviate the stress and better ensure a timely approval.

 

In addition to being a majority owner, a woman must also be a U.S. citizen, and it is recommended that she be in business for at least six months. If you meet these three main requirements as a business owner, we can begin the process of putting together your application. Please call the office to schedule an appointment to address any concerns and begin the process. 702-448-4962

 

This article is for informational purposes only and does not constitute legal advice or establish an attorney-client privilege.

 

 

 

Resident Agent Service FREE for our Networking Partners

Rena McDonald

We appreciate our Referral Partners

It is Small Business Appreciation month at McDonald Law Group in the month of March. We are proud to support local businesses with affordable legal services through our Business Success Plan. Additionally, we are offering one year of free registered agent services to our networking partners this month, as a thank you for all that you have done for us.  By taking advantage of our offer our networking partners would not owe us any fees for the registered agent services and would only be required to pay the filing costs for the year.

 

What is a Registered Agent Service and why do you need one?

 

A registered agent is a responsible third-party who is located in the same state in which a business entity is organized or doing business and who is designated to receive service of process notices, correspondence from the Secretary of State, and other official government notifications, usually tax forms and notice of lawsuits, on behalf of the corporation or LLC.

 

If you are doing business in Nevada and you do not have a physical location in this state, you must select a registered agent to accept documents on your behalf. PO boxes are not acceptable addresses for registered agents.

 

For more information or to schedule an appointment to take advantage of this offer, please call the office. 702-448-4962

 

This article is for informational purposes and does not establish legal advice or an attorney-client relationship.