Corporate Law Attorney
A corporate law attorney may be needed in many aspects of a business. Legal assistance may be required to properly incorporate a new company to ensure that the correct paperwork is filed with proper governmental agencies. Throughout a business's operation, attorneys may assist with a variety of legal tasks and negotiations. Should a business cease operation, attorneys may be needed to ensure that the dissolution of the company is appropriately and legally handled. Corporate law is a broad term and different attorneys that practice in this field may have very diverse duties. Some may work in firms that contract with other businesses to provide legal expertise and assistance. Others may work as in-house counsel to a particular company. A particular corporation may have attorneys on the payroll to handle routine matters, yet hire an outside corporate law attorney to handle a specific situation or issue. It's easy to see that a person may start a legal career as a generalist handling a variety of different matters and, over time, become a specialist in a niche area of business law.
Each of the fifty states has a governmental department of state that registers the corporations, both profit and nonprofit, operating in that state. When a person or a group of people decide to launch a new business venture, one of the first decisions that must be made is how the new company will be structured. Sole proprietorships and partnerships are relatively easy to set up, but forming a corporation is more complicated. A corporate law attorney can advise and assist the founding members to create a board of directors and write by-laws. The lawyer will also file the necessary paperwork with the state and ensure that the corporation is following all the state statutes and regulations. Similarly, a corporate lawyer can assist a group that wants to establish a nonprofit corporation with the required paperwork. Again, it doesn't matter whether the newly-formed corporation is a for-profit business or a nonprofit organization. Either way, when properly established, it becomes a legal entity that is separate from its owners. Corporations are taxed separately from stockholders or boards of directors and corporations can be sued separately from stockholders or boards of directors. A tax professional, such as an accountant, will be needed to help the new venture set up appropriate bookkeeping systems. In the case of litigation, a business's chief executive officer will most certainly want to seek the services of a corporate law attorney who can effectively advocate on the company's behalf.
A company's owners may establish their business as a privately held corporation, but then decide to go public once a certain level of growth has been reached. A corporate law attorney will almost certainly assist the current owners through the complicated process of issuing stock and the initial public offering. There are numerous federal laws and regulations that govern the process of "going public" and the owners would be foolish indeed to try to do something so complicated without adequate legal assistance. King Solomon once wrote that: "The foolishness of man perverteth his way: and his heart fretteth against the Lord" (Proverbs 19:3). Wise business owners understand that spending money on knowledgeable counsel in the present may save a lot of money in the future, especially on complicated legal matters. Another complex legal issue concerns mergers and acquisitions. When two or more companies merge to form a larger entity or when one business buys another, there are always complex negotiations that must be settled before the merger or acquisition can occur. A corporate law attorney that specializes in mergers and acquisitions will need excellent communication and negotiating skills so that she can have provisions included in the final contract that are favorable to her client.
Smaller businesses, even sole proprietorships and partnerships, may also need the services of a corporate law attorney for certain issues. For example, the owner of a donut shop may need legal assistance to help resolve local licensing and zoning issues so that he can open a second store at a certain location. Or perhaps the partners of a real estate firm are sued by a disgruntled former employer for alleged discrimination. The partners will have to hire an attorney to help fight the wrong accusations in court. Owners of companies that are too small to keep a lawyer on the payroll or to retain the services of a legal firm on an ongoing basis may not know where to turn when legal assistance is needed. A good place to start a search is the office computer. The owners may find information that helps them with their situation on websites that offer free legal advice. If a corporate law attorney is needed, the owners can search for one in their area via one of the many website directories that are now available. When a company needs to shut its doors, either because of bankruptcy or some other reason, attorneys can help take care of filing the needed paperwork with the appropriate governmental authorities, ensure that all liabilities are paid, and appropriately dispose of any assets. In the case of bankruptcy, an attorney may assist in preparing documents for the bankruptcy court and in meeting with creditors to negotiate repayment plans. Only the tiniest of businesses can begin, thrive, and dissolve without legal assistance somewhere along the way. For most companies, a lawyer will be a helpful resource and a strong advocate along the way to success.
Military Law AttorneyA military law attorney can be an indispensable ally for anyone in the armed forces who find themselves in need of legal assistance. Whether currently or formerly enlisted, finding a legal professional who understands the special needs of service men and women and their families is a must. The military defense lawyer can provide a client with the kind of knowledge and expertise required for this special area of law. Legal professionals in this field of specialty can help with such issues as court martial, veteran's benefits, security clearance issues, AWOL or deserter status, appeal, discharge and any number of concerns that are specific to the armed forces. Military law has its own terminology and that terminology can differ greatly from that which is used in civilian legal issues. This fact makes the necessity of retaining a legal professional who is well versed in this area of law even more pressing. Whether addressing the different types of court martial or the varying degrees of dishonorable discharge, legal concerns specific to those who are currently or have in the past served in the armed forces should be addressed by someone who specializes in this area of law.
A Judge Advocate General is a military defense lawyer or prosecuting attorney who is also a member of the armed forces. These Judge Advocate Generals, or JAGs as they are more commonly known, are part of a special core that was originally founded by George Washington himself. In 1802, the core was suspended, but was reinstated again in 1849. Some landmark cases that have involved these legal professionals include the trail of traitor Benedict Arnold, prosecution of those involved with the assassination of President Abraham Lincoln, the famous trial a Nuremberg where Nazi officials were prosecuted for war crimes, and the Dayton Peace Accords involving the Bosnian war. While members of the JAG core serve as prosecutors, they are also assigned to defend members of the armed forces who face court martial. One important contribution of the Judge Advocate General program is the Uniform Military Code of Justice. This important work defines a coherent and uniform code of conduct that applies to all branches of the United States military.
For service members who require a legal defense there is also the possibility of hiring a legal professional who is not a member of the armed forces. There are many civilian attorneys who specialize in military law and can be hired to work with an assigned military law attorney. Some of the issues that might need legal defense aside from a court martial could include initially attaining, hanging on to, or regaining a security clearance. Private citizens such as independent contractors who wish work with the government might also benefit from the expertise of a qualified private military defense lawyer. Anyone facing any kind of criminal charge in a military court could also benefit from the help of these specialized legal professionals. In addition, these attorneys can operate free from any pressures that a member of the armed services might experience. The Bible also addresses issues of law and judgment. "And whosoever will not do the law of thy God, and the law of the king, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment." (Ezra 7:26)
The need for the trained military law attorney is directly tied to the need for a strong and disciplined armed forces. While basic civil rights are observed for both the private citizen and the armed forces member, there are some necessary differences in how legal issues are approached. Service members have some specific rights including the right to be informed as to the nature of the offense that they are suspected or accused of, the right to remain silent, and to be informed that any thing that they say or write down could be used against them. No military personnel are required to waive these rights for any reason. Similarly, a member of the armed forces may refuse to allow the search of any personal property if officials do not present a warrant. By obtaining competent legal council as quickly as possible, anyone who faces charges in a military court can perhaps preserve some of these crucial rights. In addition to these rights, defendants also have the right to legal council.
A military law attorney can help a client file a complaint based on any number of issues including religious discrimination, sexual harassment, denial of discharge, medical issues, discrimination on the basis of race or sex, a transfer that is considered unfair, illegal work hours, denial of leave, enforced illegal orders, or failure to administer a discharge claim. Individuals who want to expedite a discharge from service can benefit from the help that can be provided by these legal professionals. Whether in the regular armed forces or the reserves, the process of obtaining a discharge can be made much simpler by hiring an attorney who specializes in this area of law.
In the instance of a court martial, obtaining a knowledgeable and skilled military defense lawyer is of the utmost importance. The consequences that a client who faces court martial might have to endure are very serious and could have life long implications. Some of these consequences could include confinement in prison, dishonorable discharge, or financial loss. A defendant who receives a court martial conviction may find difficulty retaining employment in the future. For all of these reasons, expert legal council in the special area of law is essential.