October 20, 2008
Is My Deposit Safe?
Is my deposit safe? What happens to my accounts when the new financial standards for banks goes into effect? With today's credit crunch, and in light of recent bank failures, many businesses are asking Spencer Fane this question, even those with automated "sweep accounts." The recently enacted and very complex regulations governing how the FDIC determines the insured amount of a deposit for each depositor has created confusion....and uncertainty.
If you'd like some help in navigating the regulations and answering this question, please give Betsy Garvin a call at 816-292-8125.
Posted by Dave Seitter on October 20, 2008 | Permalink | Comments (0)
July 06, 2005
How To Hire A Construction Attorney
The use of in-house training by attorneys will always help you save money.....I can not tell you how many times we have been able to put on seminars based upon the CLIENT'S questions or concerns and in so doing, not only solved problems but as well, gave new confidence to the client in handling its own legal issues with minimal oversight.
What do they save about an ounce of prevention?
Posted by Dave Seitter on July 6, 2005 | Permalink | Comments (0)
July 05, 2005
How To Hire A Construction Attorney
Lessons Learned...I recently read an article by Frank E. Riggs, Jr., a construction attorney featured in the March-April edition of the CFMA Magazine where he urged holding a "post mortem" with your attorney. I must have found a legal soul mate....
"Those who do not remember the past are condemned to repeat it."
George Santayana
Posted by Dave Seitter on July 5, 2005 | Permalink | Comments (0)
July 01, 2005
How To Hire A Construction Attorney
Why should an owner get the attorney involved in contract review and drafting? Frank E. Riggs, Jr. in the CFMA Magazine March-April edition indicates one should ask the attorney to help develop a contract review system that "....identify[s]the more dangerous risk-shifting contract provisions...." Agreed...but how about this...chose the most recent experiences you have had where failure to review contract documents cost you money and then brain storm with the attorney on how to avoid this happening again. Lesson learned-every construction company has strengths and weaknesses in how it handles its construction documents...figure out where you are weak and seek the legal help to shore up the deficiencies!
Posted by Dave Seitter on July 1, 2005 | Permalink | Comments (0)
June 30, 2005
Billing Arrangements with Attorneys
What is the best billing arrangement? Well, you can put together budgets, ask for the attorney to put "skin in the game", seek contingency fee arrangements, look at success fees, blended hourly rates...lots of options.
Best deal in town...the one you and your attorney agree to based upon a mutual agreement and a belief that the fee represents a way all parties can win!
Posted by Dave Seitter on June 30, 2005 | Permalink | Comments (0)
June 29, 2005
How To Hire A Construction Attorney
What is the value of early assessment of litigation? Frank E. Riggs, Jr., a construction attorney in his article in the March-April edition of the CFMA Magazine indicates ".....the delayed evaluation of the case usually guarantees a delayed resolution...." Perfectly said...and his outline on page 23 of the article on the specifics of how to itemize the way to solve the problem is very good...have a contract with your attorney on what the issues are and how to go about solving the problem before beginning the engagement. And....get a meaningful budget for the work to be performed...but how often is this accomplished?
Posted by Dave Seitter on June 29, 2005 | Permalink | Comments (0)
June 28, 2005
How To Hire A Construction Attorney
On the continuing review of the article by Frank E. Riggs, Jr. on the hiring of a construction attorney found in the CFMA Magazine, March-April 2005 edition, Mr. Riggs indicates once you hire an attorney to remember how to use them, more specifically: "Few construction problems disappear or improve with inattention and the passage of time". Good point...but how do you put that into real terms? During the interview process, give the prospect a problem and ask the attorney to outline how they would handle the problem...or perhaps more importantly determine how the attorney would seek to handle YOU when the problem is assigned to them........
Posted by Dave Seitter on June 28, 2005 | Permalink | Comments (0)
June 27, 2005
How To Hire A Construction Attorney
In the continuing review of Frank E. Riggs, Jr. article on the hiring of a construction attorney as was revealed in his article in the March-April, 2005 edition of the CFMA Magazine, Frank also indicates you should review closely:
"Low Hourly rates do not necessarily translate into less expensive legal experience....Insist on a written staffing commitment regarding who will handle your problem....Judging the quality of the lawyer by the size of the law firm is a mistake....."
All good points...Bravo, Frank!
Posted by Dave Seitter on June 27, 2005 | Permalink | Comments (0)
June 24, 2005
How To Hire A Construction Attorney
Yesterday I referenced an article by Frank E. Riggs, Jr., in the March-April 2005 edition of the CFMA Magazine on how to hire a construction attorney. Frank suggests these ideas in locating a construction attorney:
"Industry recommendations, Professional associations, Internet research, Interviews, Ideal characteristics, Industry & niche familiarity, and personal chemistry."
How about this at the end of the day...figure out if the person is the guy you want to call when you are worrying in the middle of the night about your business.........
Posted by Dave Seitter on June 24, 2005 | Permalink | Comments (0)
June 23, 2005
How To Hire A Construction Attorney
In an interesting article in CFMA Magazine for March\April 2005, the author Frank Riggs, Jr., a construction lawyer from Atlanta outlined how to hire a good construction attorney by first considering whether or not the attorney has the following skills:
"1. Advise your company about a project's legal pitfalls
2. Draft, or assist in the drafting of contracts, project forms and other documents that minimize your company's legal risks during a project.
3. Help your company avoid or minimize risks and disputes throughout a project.
4. Help your company resolve an unavoidable dispute, either informally through negotiation or formally through alternative dispute resolution (ADR) or litigation."
Good points related to pure construction matters...but what about other matters such as labor, employment, employee benefits, corporate, lending, development, acquisition, and the myriad of other issues owners face everyday?
Lesson learned....determine if you are looking for someone who should know only about construction or should know everything about your business.....
Posted by Dave Seitter on June 23, 2005 | Permalink | Comments (0)
