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'Rent is an independent covenant.' These are words historically coveted by nearly every landlord. In most cases, interestingly, the independent nature of the payment of rent is not troubling to tenants or their counsel. In some jurisdictions, the concept of 'dependant covenants' is surfacing if the parties do not specify otherwise. From time to time, however, a tenant will require the landlord to insert provisions providing the right to self-help and/or the ability to set-off against rent, concepts that are contrary to the independent covenant doctrine. For well-heeled landlords, this is problem enough. Add a lender to the mix, particularly in instances where consent to the lease is required, and the matter quickly becomes complicated. The landlord's interests lie in keeping others from acting on its behalf with respect to its property and preserving its cash flow. The tenant's interests lie in making sure that the landlord performs its obligations under the lease and, if the tenant is required to act for the landlord, that the tenant has a source of funds to reimburse it for doing so. Finally, lenders are most interested in stable cash flow, continued loan repayment, and the avoidance of disputes to which they may become a party.
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Wanting to provide a high level of client service, and based on the increasing technology demands and expectations of handling complex litigation, we sought a customizable litigation support software system that would fulfill our attorney's needs. Specifically, our existing technology was beginning to show its age ' it lacked necessary customization options, required intense user training to allow for initial 'ramp-up' time and, most critical to us, was not based on a Microsoft SQL database backbone ' a key technology architecture component and our base requirement for scalability and growth-oriented software.
Whyte Hirschboeck Dudek S.C.'s IT group is a 14-member centralized team that is charged with the responsibility of pursuing value-added technology solutions for the staff and its clients. With this overriding mission in mind, Anna Boll, the firm's IT project manager, and I began our pursuit of selecting and rolling out a new dictation technology to our staff.
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The use of PowerPoint is becoming a staple in law firms. From the boardroom, to the classroom, to the courtroom, presentations enhance the delivery of your message. PowerPoint makes it easy for a novice to prepare and deliver a professional-looking presentation in little time. With that in mind, you will encounter many garish, confusing or boring PowerPoint presentations ' because it is so easy and even fun to use, people get carried away with its special effects and end up creating what amounts to an animated comic strip.
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Converting legacy data from one system to another is like moving from one home to another. The issues faced are similar to those firm managers hope to avoid, but often face during the conversion of data from one system to another: cost overruns, missed deadlines, multiple passes of programming to fix things that ended up in the wrong place in the new system, old data from the legacy system that is no longer used or needed moved into their new system, and the uncomfortable feeling that all of the data did not make the move.
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In addition to collaborative divorce, another alternative to litigation is mediation. Mediation is a 'consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome.'
Matrimonial lawyers and professionals know that parents play out old marital dynamics intensified by the divorce when they discuss parenting arrangements. In Collaborative Divorce, the team creates a framework by affirming that the children's needs are distinct from the parents' needs and, especially, from their views of each other. Because neutrality is hard for parents, the team needs to offer a great deal of support so that the child specialist can remain neutral.
The 'Uniform Mediation Act' ('UMA') was adopted by New Jersey on Nov. 22, 2004. The Act establishes uniform standards and procedures for mediation and guidelines for the mediators; it was codified in N.J.S.A. 2A:23C-1 <i>et seq.</i> The UMA has generally retained the same structure in most states that have adopted it, although many of them have made slight modifications. This article explains.
Is collaborative practice for you? The author feels that, with this relatively new concept, a family law practitioner who has not tried this method may still have a few questions. Here are the 10 most frequently asked questions ' and some answers.
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Recent rulings of importance to you and your practice.