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Newsletter
Office Newsletter, Bace Law Report
The Bace Law Report is this office's legal newsletter. These newsletters are intended to give readers a general understanding of interesting, current, or noteworthy legal issues.
The newsletter is not intended to be legal advice, should NOT be relied upon as legal advice, and does not create an attorney-client relationship with this office. If you have a need for legal service, please contact this office to set up an appointment.
The Limited Liability Company (LLC) vs. The Sole Proprietorship
August 2008
Most small businesses in the Commonwealth operate as sole proprietorships. The individual contractor, painter, baker, hair stylist etc...is the business. Each year, that individual declares her earnings and expenses on their federal and state tax returns. This is the most simplistic form of business ownership. In the eyes of the law, there is no distinction between the individual and her business - they are one and the same. It is fast and easy to become a sole proprietor, but this method includes a number of major drawbacks when compared to other entity options.
According to recent Census Bureau data, of the 23 million business enterprises in the United States, over 17 million, or nearly 80% had no employees whatsoever. Even more staggering, 99.9% of the businesses in the United States have fewer than 500 employees.....
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Written Contracts vs. Verbal Agreements
July 2008, by Michael J. Bace, esq.
People are generally averse to signing written contracts. There is a stigma associated with signing contracts, and a general feeling that the party presenting the writing has an advantage and is attempting to lock the signor into horribly unfavorable terms. Even in our modern age of instant information, many small businesses and homeowners alike perform business and enter into contracts with a hand-shake or limited verbal exchanges. Contracts are viewed as long-standing 'traps,' where hand-shakes elicit feelings of trust, good-will, and an endorsement of traditional business practices. Written contracts are almost always seen as having 'fine print,' that will undoubtedly ravage one party in the event of a disagreement....
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Deleting Company Emails and Spoliation Concerns
June 2008, by Scott Lueker, esq.
Emails are quickly replacing phone conversations and printed correspondence as the primary communications medium in business. Therefore, emails are also becoming relevant and admissible evidence in a wide array of
civil disputes. But, when is there a duty to protect or preserve these documents? The doctrine of spoliation permits the imposition of sanctions for the destruction of evidence in litigation and 'is based on the premise that a party who has negligently or intentionally lost or destroyed evidence known to be relevant for an upcoming legal proceeding should be held accountable for any unfair prejudice that results.' Keene v. Brigham and Women's Hosp., Inc., 439 Mass. 223, 234 (2003). Explicitly not a tort cause of action, but available by motion, Massachusetts law allows a trial judge broad discretion in fashioning the appropriate remedy for spoliation....
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Spousal Immunity and Private Marital Communications
May 2008, by Michael J. Bace, esq.
It is obvious to those who are married, that the arrangement has benefits too numerous to mention. Not only do married individuals enjoy the love and support of their partner, but the law also affords married couples a number of distinct benefits. Married individuals live longer; according to a Harvard University study, and other similar research, married women are twenty percent (20%) less likely to die of heart disease, suicide, and cirrhosis of the liver. In a recent study by researchers at UCLA, single men aged 19 to 44 are over fifty percent (50%) more likely to die prematurely than their married counterparts. The reasons are not so clear, but many pin the longer life on a reduction in overall stress. This may sound counter-intuitive to those living the single life, but married couples pool their income and thus accumulate greater wealth on average than single individuals, which can lead to less stress...
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Ice, Snow, and Slip and Fall Accidents
April 2008, by Scott Lueker, esq.
The National Center for Injury Prevention and Control estimates that 8 million people were injured in falls in the United States in 2004. Injuries can range from serious bruising, to broken bones, and even as sever as head trauma and death. It should come as no surprise to most people, that if someone is invited onto your property, and they hurt themselves as a result of a dangerous condition, you may be subject to civil liability. The generic term is 'slip and fall,' and it applies to any injuries that occur as a result of a property owner's negligence, or a dangerous or hidden condition on the owner's property...
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Legal Documents at the Click of a Mouse
March 2008
We live in an increasingly 'do it yourself' society. Huge home improvement warehouses allow homeowners to avoid hiring professionals and the expenses associated with renovation projects. The advent of the internet makes it possible to research any complex issue; instant answers are available even for health questions. Users can click through a list of symptoms, self-diagnose their health concern, and then institute their own course of treatment without ever consulting a physician. Similarly, a number of online sources allow users to purchase common estate planning documents or even incorporate a business - without ever consulting a licensed attorney.
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Collecting Debts and Past-due Invoices
February 2008
Many small to mid-sized business are invariably no stranger to unpaid invoices, and mounting late payments from both their clients and their vendors. Eventually, these business relationships can deteriorate to the point where correspondence is sent demanding payment in full. When this initial demand is ignored, what can you do in order to exercise your rights? The most significant difference between hiring an attorney and a collection agent, is an attorney can file a lawsuit. Generally speaking, collection agents send numerous letters, and make regular phone calls demanding payment. However, if those efforts are unsuccessful, recovery is unlikely.
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Recreational Injury & Release Agreements
January 2008
So, you have decided to jump out of a plane, bungee, compete in a triathlon, shoot some paint balls, ice skate at a private rink, rent a moped, or simply join a health club. All the preceding activities have two issues in common; each are inherently dangerous in varying degrees, and each generally require you to sign a 'Release' of liability as a prerequisite to your participation. Most participants do not pay much attention to, understand, or even read and understand these agreements prior to attaching their signature. However, the old adage, 'you just signed your life away' may have even more legal significance today than caveat emptor.
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Estate Planning: Do You Really Need A Will?
December 2007
People often wonder, 'Why should I have a Will? I’m single, or recently married, I have no children, and little real assets.' Or, 'Why should I care what happens when I'm gone?' It is a frighteningly common misconception that only the rich or those with a number of children require an estate plan prior to their death. Death, and what would happen to young children in the event of a tragedy are thoughts that make us cringe. But, the idea that your estate and these concerns are left unplanned, should make you cringe even more. The fact is, everyone is going to expire. Most of us work extremely hard every day to acquire wealth, and we toil over financial decisions. Yet, it has been estimated less than half of the population has an estate plan at the time of their death.
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© 2008 Michael J. Bace, Esq.
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