Ruiz Doolan Law Firm Blog

New Tenant, but same old lease? You need an attorney. Not all lease agreements are created equal. In drafting the lease, the landlord needs to look beyond the standard clauses of amount of rent owed, date it is due and the term of the lease. It is crucial that each lease is individually drafted for that individual tenant as each tenant can create their own individual set of future problems. Failure to consider this and use a template lease for all new tenants will result in future problems when it is time to evict the tenant and/or collect rent that is owed. 'Landlord should look into the tenant’s rental history, income, as well as family resources when determining what terms need to go into the tenant’s rental agreement. Not every tenant that qualifies financially is a necessarily a good tenant to have. In fact, some tenants winding up costing the landlord both financially and emotionally.  These are the type of pitfall that can easily be avoided by using an expe...

Despite the fact that we are six years after the recession. People are still struggling with their bills. We are often seeing that despite people finding work the pay is not the same. As a matter of fact people are probably making less that what they used to make 10 years ago. I do see signs of recovery when I speak to past clients from which we keep in touch. People always have the fear that once they file for bankruptcy they would not be able to get credit or that nobody will hire them because of their credit history. These fear has keep them tramped with their debt for so many years. I feel like sharing some of the success of people who filed for bankruptcy and have move on to prosperous  lives.   After their bankruptcy we have clients that now are able to rent without a guarantor, have gotten homes, and cars. I have also clients that become employed because they were not trapped with their debt and thus more appealing towards an employer. People don't realize that not ...

Business Attorneys In New Jersey Why Getting and Outside General Counsel is Cost Effective Star Ups and Small Business are more than 50% of employers in America.  They have to maintain their inventory, their employees and the payments on track in order to succeed. Having their own in-house counsel  is just too costly. The problem for a lot of this small companies and start-ups is when they try to do the legal work themselves. We see people with no legal background trying to file lawsuits, writing agreements and really getting themselves in a lot of trouble by not getting legal help. For example writing non-compete agreement, is not as easy as you won't copy with me sign here. Choosing your corporate entity, bylaws, articles of formation. An attorney can help you because it would save you from a lawsuit in the future. In the construction world we see small contractors performing work without contracts and getting into a Consumer Fraud Act Violation. As Business Attor...

Divorce Mediation in New Jersey By: Marina Ginzburg, Esq. I. What should you expect from a Divorce Mediator in New Jersey? 1) Impartiality . People that are seeking the help of a divorce mediator need to know that the mediator does not take sides. We listen to both parties positions, their expectations and their needs and make recommendations in accordance to the facts presented. 2) Fair Dealing :  I am mentioning fair dealing because acrimonious process of divorce can have a painful and traumatic emotional reaction that often time one party gives up just to make the matter go away. This knee jerk reaction causes that party to put themselves in such as disadvantageous position that they may no be able to go back. By taking out the stress and the emotion of going to court the couple can reach a mutually acceptable agreement.   I mention the word acceptable because nobody is going to get 100% of what they want that is the reality.  The fact that the couple ca...

Exporting plays a major role in the global trade. Business decide to export their products for many reason including but not limited to their expansion, saturation of the product in the United States, and the opportunities offered abroad for exponential growth. These days with new emerging markets in Asia and Latin America the ability for a company for growth outside of the United States is limitless.  How to start the process of exporting a product.  Some companies have their own in-house export department other higher agents to they job for them. The goal is maximize profits. When considering exporting to another country one must considered the barriers imposed by the country such as tariff and non-tariff. A tariff is duty imposed on goods leaving the country. A  Non-tariff barriers are restrictions such as quotas, taxes, and exchange rate controls. It is important that before thinking in engaging in exporting to consult an specialist in this area. The navigation of...

NJ Bankruptcy Court What is bankruptcy court?   Federal courts have exclusive jurisdiction over bankruptcy cases which means that a bankruptcy case cannot be filed in a state court. Cases are filed under the three main chapters of the Bankruptcy Code  Chapter 7 ,  Chapter 11 , and  Chapter 13 .  In New Jersey, in the Northern New Jersey area, the client go to the bankruptcy court in Newark. Bankruptcy Court Procedure: Proceedings in a bankruptcy courts are governed by the Federal Rules of Bankruptcy Procedure. The bankruptcy rules of procedure  incorporate the Federal Rules of Civil Procedure, which govern litigation in other federal courts. Litigation in bankruptcy courts is quite similar to litigation in federal district courts Bankruptcy courts in New Jersey: United States Bankruptcy Court for the District of New Jersey are located in Newark, Trenton, and Camden. Their addresses are: Newark Martin Luther King, Jr. Fed...

It is the unthinkable but ever so possible. What happens when a person suffers from illness or injury that renders incapable of deciding his/hers medical treatment?   This is when an Advance Health Directive will give you the security that you need to know your wishes will be follow through. An Advance Health Directive is a legal document which provides information as to your treatment preferences. There are three kinds of advance directives: 1) Proxy directives: This is when the person gives legal authority to a person he/she trust to make medical decisions on his/her behalf.  This is also known as durable power of attorney for health care. 2)  Instruction directives:   In this situation the person gives written directions that tell his loved ones what kid of treatment he or she wishes to accept or refuse. This is also known as a Living Will. 3)  Combined directive:   the person selects a health care representative and provide him or her with a state...