Finding a Better (and less bitter) way to Divorce. by Amy Alvis

Collaborate dispute resolution is a process that couples voluntarily may chose as an alternate way to resolve their issues in a divorce, legal separation, or other relationship termination without having to litigate issues in court. It is similar in ways to mediation however, it takes a more holistic approach by involving attorneys, counselors, financial advisors, tax advisors and any other professional who may be needed to help the parties settle their issues.  Unlike mediation, where no legal advice is provided to the parties by the mediator, the parties are each represented by legal counsel.

In order for this process to work both parties need to agree to participate in the collaborative process, typically in writing as well as the following:

1. They agree to fully disclose all relevant information to each other in the spirit of mutual cooperation and the avoidance of litigation.

2. They agree to act in good faith in the process and the goal of reaching a solution/settlement that is acceptable to each of them.

3. They each have their own attorney (typically one that is a collaborative practitioner or will act in such capacity) and accept that their attorney’s representation will end if the matter becomes contested. This is known as a “limited scope” representation.  This is also different than mediation where the parties may have an attorney advise them during mediation, but then later represent them in court if they are unable to reach an agreement in mediation.

4. The parties agree to engage the services of financial, tax, mental health, and/or other professionals to the extent their situation warrants, to evaluate the facts and then advise and make recommendations to the parties. These professionals will also stop their representation if the matter becomes contested.

The benefits of this process is that the parties feel much more in control of the outcome and solutions.  All persons involved become very familiar with the family, the financial issues, and all other relevant factors that go into the solution that becomes the mutual agreement.  Decisions are not left to the courts that often have very limited familiarity with the particular case and facts, nor really know the parties involved other than what they may see in their courtroom or read in the court pleadings. And finally, there is more trust in the process and confidence in the final agreement because the parties are each providing information to each other freely and openly.

To find out if collaborative practice is right for you, call Amy Alvis at Alvis Frantz and Associates at 925-516-1617. Amy is a member of the International Academy of Collaborative Professionals.

What’s in a Name?

By Marie Quashnock

Even experienced attorneys have a hard time explaining the difference between different types of intellectual property that a business can own.  While patents protect the ideas, and copyrights protect how the ideas are expressed or written down, trademarks protect the goodwill in a product or service.  Specifically, trademarks identify your product or service in the consumers' minds

A trademark is not necessarily the same as your company name, but it can be.   For example, The Coca Cola Company makes “Coca Cola”, so both its company name and trademark are the same.  The Coca Cola Company also makes other popular soft drinks.  All of those names are different than the company but they are protected by trademark.

Names are not the only things which can be trademarked. You can also trademark logos, designs, slogans, shapes, smells and even sounds.  For example, Intel owns a trademark for the 5-note sound played at the end of its commercials.  (U.S. Trademark Registration No. 2315261, described as "a five tone audio progression of the notes D FLAT, D FLAT, G, D FLAT and A FLAT.")

What does trademark protection mean?  When you register a trademark, you get the right to use it exclusively for your product or service.  State trademarks protect marks that are used locally or only in one state.  Federal trademarks protect marks that are used in more than one state.  If you find out someone else is using your mark, you can ask them to cease and desist.

You might think that your trademark is safe because you did an internet search and you did not find anyone else with your name out there.  However, a trademark owner can force you to cease and desist even if your mark is not identical, so long as it is substantially similar to yours.  When you did your internet search, you probably were not looking for similar marks.  Trademark search companies use search algorithms that break down your mark and look for marks that are even remotely similar.

If you find yourself in this situation, the best you can hope for is a negotiated agreement for both companies to use the mark concurrently.  At worst, you could be forced to give up your mark entirely, which means changing all your signs, menus, advertising, website, etc.  This could be very costly.  An ounce of protection is worth a world of cure.

For more information about protecting your trademark and other intellectual property, please contact us at Alvis Frantzand Associates.

The information provided is for informational

purposes only and not for the purpose of providing

legal advice. You should contact an attorney to

obtain advice with respect to your particular issue

or problem.

The REAL Cost of DIY Incorporation

By Ed Younger.

If you run your own business, you are a smart and talented individual. You can probably handle any task that you set your mind to, and if you are thinking about incorporating or forming an LLC, you’ve probably heard advertisements for low cost do-it-yourself incorporation  services. These ads claim that you can save money by incorporating or forming an LLC online by yourself. But as a smart business person, you should know that there is more to the story than as advertised.

First, most of these services fail to disclose the true cost. The advertised price is for the bare minimum. It does not include important documents and steps that must be purchased at an additional cost.

Upselling of unnecessary options is also common so beware. One popular website automatically subscribes you to ongoing services that cost hundreds of dollars per year. In the end, it can cost more than seven times the initial advertised price for a complete DIY kit. One of the biggest problems is since you are not receiving legal advice, how do you know if you are making the right choices on how to structure your business? If you make a mistake it may cost you much more to correct it later, and even worse, you may not get the personal liability protection or benefits you were after in the first place.

Another factor to consider is time. Time you spend doing your own legal work is time lost developing your business or serving your customers and earning revenue. While the DIY services promise to be “quick and simple”, in reality you will need to research the proper business structure and setup for your needs.

Each situation is unique and there are many factors to consider. If you don’t have the time to dedicate to doing this homework, you will end up frustrated by the DIY process or worse yet, stuck with a structure that hinders your objectives. Successful entrepreneurs recognize the value of their time and this should not be discounted when deciding the value of DIY incorporation services.

Are you willing to risk your dream business and your personal security by trying to save a few bucks?

At Alvis Frantz and Associates, we can help get your business entity formed with confidence. Let us be a trusted part of your team that helps you maximize the potential of your business.

Ed Younger, is an associate attorney at Alvis Frantz and Associates and is dedicated to helping your business. Our LLC and Corporation services are complete packages that take care of Federal, state, and local filings. Call Ed 925-516-1617 or email him today to discuss your business formation.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

This information on this site is designed to provide a general overview with regard to the subject matter covered and may not be state specific. The authors, publisher and host are not providing legal, accounting, tax or other specific advice to your situation.


Copyright © 2012 Alvis Frantz and Associates.