Category Archives: The Law Corner

Tips for Law Students Interested in a Commercial or Business Specialty

Tips for Law Students Interested In A Commercial Or Business Specialty

As an established attorney in the arena of commercial business law, Paul Evan Greenwald has worked with people at every stage of their law careers. He knows that when students first enter law school, they have many preconceptions of what their areas of specialty will be, which is why practical experience like internships are so important. As with many professions, the daily life of a lawyer is rarely what students envision, and as they gain more hands-on experience, they are better able to see the many opportunities their futures contain.

If you’re working toward to law degree, here’s some advice from a veteran of a successful commercial law practice:

  • First and foremost, take every opportunity to clerk or intern you can. When you actually see the inner-workings of a specialty in practice, you learn even more about yourself and the type of environment in which you will thrive.
  • Remember that 99 percent of practicing law occurs outside of the courtroom, which is why real-life experience can better help you understand how you want to build your career. For example, commercial law issues are just as often about deal-making as deal-breaking. We often see legal processes as inherently adversarial, but in commercial law, many of the cases are collaborative. Paul Greenwald particularly enjoys these types of cases, because their constructive goals encourage positive relationships.
  • Continuing education is not just about maintaining your license requirements; you will need carefully selected options that further your knowledge-base. For example, changes and advances in technology directly affect business law affairs, so you will need to stay abreast of them to best serve your clients.
  • Building a successful, trusted practice is as much about your community image as it is about performance. You want to build relationships with colleagues, network, and create a brand that represents competency and trust.

About Author: As a successful commercial law attorney in California, Paul Greenwald is passionate about sharing his experiences with students and graduates. He believes that the future leaders of our profession will continue to serve our community and carry on the legacy of excellence.

Do Not Let Legal Fears Hold You Back

Small businesses face many challenges, and the potential for liability issues or small business litigation often prevents many entrepreneurs from taking the leap. They perceive that we live in a “sue-happy” culture in which someone is always at the ready with an expensive legal claim. This makes them feel like financial risks are often not worth taking the chance to follow their passions. At Doyle Schafer McMahon, LLP, we understand these feelings of trepidation, which is why we are a firm of business litigation lawyers who want to support small businesses on their roads to success.

First and foremost, we believe that the best way to handle business litigation is to minimize your risk from day one. Small business start-ups always look for the most cost-effective ways to get their operations up and running. However, building your infrastructure with a strong legal foundation not only helps you now but also gives your business the protection it needs to safeguard against costly legal battles later.

When you consult with our legal team, we will help you identify all the necessary avenues that apply to your business. For example, many small businesses start out as cottage industries among friends, but as they grow, partnership disputes can quickly form. We want to believe that personal relationships can be separated from the inner-workings of our businesses, but history teaches us that this is rarely the case. Financial entanglements without proper legal support often undermine even the most promising entrepreneurial endeavors. With our help, you can build a strong foundation from the very beginning.

However, if you are already facing a business litigation issue, know that we provide the assistance you need to ensure that your interests are protected and your voice is heard. We believe that small businesses drive our economy and that they should never let fear or threats prevent them from reaching their potential. Whether you need a consultation or legal help now, we encourage you to contact our office at (949) 727-7077. Let us help you make your mark while remaining confident that you are protected.

Why Empathizing With Your Patients May Reduce Malpractice Risk

As a medical professional, you know that patients often have no idea what goes on behind the scenes in your practice. As such, patients’ expectations do not often mesh with the reality of modern medical care. While you can understandably become frustrated with noisy, less-than-satisfied patients, one of the easiest ways to head off malpractice claims is to put yourself in their shoes. As a firm that is passionate about the representation of doctors, Doyle Schafer McMahon, LLP also wants your patients to get the best healthcare possible, and as we all know, an ounce of prevention is certainly worth a pound of cure.

As you approach patient care, you have to understand that you are already facing an uphill battle in terms of patient satisfaction. Many are struggling under the ACA changes, paying more for insurance policies that cover less and less. They do not read the fine print of changing policies, and often get nasty financial surprises when they realize that once-covered services no longer apply to them. They have no idea of the costs you bear; they only see themselves struggling to pay their own bills while also getting the most basic healthcare. How can you combat the growing climate of patient disillusion? You may be surprised to discover that a few simple steps can help maintain goodwill, thereby reducing your malpractice claim risks:

  • First, help train your staff in customer service principles. Inevitably, you will always deal with patients who cannot be satisfied no matter what you do. However, your staff can still cultivate a culture of courtesy and compassion. For example, if a nurse cannot return calls until the end of the day, let your patients know this so they are not waiting by the phone. If you are experiencing a rough day and anticipate delays or wait times, telling your patients at check-in can help them reframe their expectations and promote understanding. While you can never make promises, you can help them understand the whys and show that you value their time.
  • HIPAA exists for a reason, and as HIPAA lawyers, we know well how a seemingly innocent exchange can put your practice at risk. Your staff and service providers need adequate training, as well as an understanding that you have a zero-tolerance policy for violations. Your patients need to know that your staff values privacy more than the gossip they may unwittingly share. Even the simplest slip can be a gross violation of your patients’ rights, which puts your practice at risk.
  • As with any service-oriented industry, medical practices face similar levels of disenchantment and burnout as law enforcement or social services. Your staff can easily become numbed to the individuality of each patient. Watch for warning signs and provide your staff with the support they need to avoid this situation.

As medical license defense attorneys, we appreciate the difficult balance between successful practice and patient satisfaction.

However, we also believe that a significant way to reduce risks starts with remembering who your patients are and empathizing with their own experiences.

 

About Author: Doyle Schafer McMahon, LLP  Let us help you be the best medical practitioner you can be.

The Vengeful Ex-Employee—Why You Need to Plan for The Worst and Hope for The Best

They are every employer’s worst nightmare: the disgruntled or terminated employee who is determined to inflict as much harm as possible to your company. Maybe they want to build a case for discrimination, or maybe they are threatening to sue for unlawful termination. Whatever the allegation, you can never underestimate the lengths an unhappy employees will go to when they feel like they have nothing left to lose. At Doyle Schafer McMahon, LLP, we are a group of employer representation lawyers who believe that you should never feel like your business is being held hostage by that bad-apple employee. If you need help, let us show you how we can safeguard your reputation and financial security.

Prevention Starts With Good Policies and Procedures

The time to address problematic employees is before they ever walk through your door. Your company needs clear executive and employee contracts so that you have explicit expectations from the start. Likewise, you need to craft aboveboard policies for employee counseling and discipline so that you have your human resources’ bases are covered. When employers face conflict with exiting or terminated employees, those issues typically arise from poorly-written or enforced HR policies. The most common employee complaint is one of discrimination or some “unfairness” that they perceive, so your company needs flawless training and documentation to always show that above all else, you are following protocol explicitly.

However, even if every cog in your proverbial wheelhouse is functioning correctly, you will most likely still face a claim from an ex-employee. Some unhappy person will honestly believe his or her own accusations and take the situation way too far. If that happens, know that our firm can help provide you the most comprehensive and vigorous defense possible. We know how these situations are both a nuisance and a threat to your company’s good name.

About The Author: Doyle, Schafer, McMahon LLP a firm of Orange County California lawyers experienced in litigation and trial work is uniquely positioned to assist its clients with resolving claims and matters likely to be litigated