representation of business law

Business Law Today

November 2015

The Virtue of “Represents and Warrants”: Another View

Stephen l sepinuck.

Nov 15, 2015

• Representations and warranties are different. A representation is a statement of fact; a warranty is a promise of fact.
• But despite similarity in appearance, and the occasional difficulty in distinguishing between them, their differences are substantial.
• Carefully distinguishing among representations, warranties, and statements that should be both is a good thing. There is more danger in confusing different types of terms than any harm or affront to brevity posed by the phrase “represents and warrants.”

In our October 2015 issue, Kenneth Adams presented an article on the use of “represents” and “warrants” to introduce statements of fact. This month, Professor Stephen L. Sepinuck presents his views on the topic.

Representations and warranties are different. A representation is a statement of fact; a warranty is a promise of fact. Admittedly, they can look very similar. Language such as “I am a licensed contractor” could be a representation, a warranty, or both. But despite similarity in appearance, and the occasional difficulty in distinguishing between them, their differences are substantial.

Representations straddle the line between contract and tort. Under contract law, a misrepresentation might prevent a contract from being formed, make a contract voidable, or provide grounds for reformation. However, an action for damages based on a misrepresentation is essentially a tort claim. In contrast, while breach of warranty had its origin in tort (Judge Posner once referred to warranty as “a freak hybrid born of the illicit intercourse of tort and contract”), it is now generally viewed as a contract action. As a result, the elements of a claim for misrepresentation and a claim for breach of warranty are quite different.

Both typically require proof that the statement or promise was untrue and caused damages. However, a claim based on a misrepresentation also requires proof that the statement was material, sometimes requires proof that the person making the misrepresentation knew or should have known that the statement was false, and usually requires proof that the other party reasonably or justifiably relied on the statement. Liability for breach of warranty, on the other hand, is a form of strict liability and does not require that the warrantor knew or had reason to know that the promise was untrue. It also does not require proof of reliance, reasonable or otherwise. Perhaps more important, claims for misrepresentation and breach of warranty are subject to different statutes of limitations.

Not only are the elements of the claims different, but successful claims for misrepresentation and breach of warranty yield different remedies. Specifically, the remedy for breach of warranty is typically some measure of expectancy damages, whereas the remedies for the tort of misrepresentation are typically rescision plus some measure of reliance or restitution damages, along with punitive damages if the misrepresentation was intentional. In addition, tort damages, including damages for misrepresentation, are sometimes subject to the economic loss doctrine.

There is another distinction between representations and warranties. The permissible substance of a representation is different from the potential scope of a warranty. Most authorities hold that a representation must be a statement of past or present fact; it cannot be about a future fact. A warranty, in contrast, can be a promise about the past, present, or future. Thus, for example, “this app works on both iPhones and Android phones” could be a representation or warranty, whereas “this app will, for the next six months, work on both iPhones and Android phones” cannot be a representation. In addition, a representation generally cannot be about the law. That is because each party is presumed to know the law and thus cannot reasonably rely on a statement about the law by the other party. In contrast, a party might be able to warrant statements about the law.

Admittedly, the distinctions between representations and warranties have been blurred somewhat by U.C.C. § 2‑313(1), which provides that “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty.” This provision performs a bit of alchemy by converting every statement of fact about the goods (if the statement was part of the basis of the bargain) into a warranty, and hence into a promise of fact. However, Section 2-313 says nothing about whether such a statement also remains a representation. Put another way, even though Section 2‑313 treats representations as warranties, it does not purport to treat all warranties as representations or prevent a statement from being a representation and giving rise to the remedies for misrepresentation. More important, Section 2-313 has no relevance to transactions not involving a sale of goods. Thus, for all other types of transactions – loan agreements, services contracts, transactions in intellectual property – all the distinctions between representations and warranties endure.

In spite of the numerous and important distinctions between representations and warranties, some mavens of contract drafting recommend against using “represents and warrants” in an agreement because no known case has relied on the presence of both verbs. My advice is different. Instead of glossing over the differences between representations and warranties, embrace them. Consider which statements should be (and can be) representations, which should be warranties, and which should be both. Then introduce each group with the appropriate verb.

There is little or no harm in using two verbs (i.e., “represents and warrants”) instead of one (e.g., “states”); the few extra letters do not make the agreement more difficult to read or excessively long. More important, there are two potential benefits to this phrasing.

First, if the drafter intended a contracting party to make both a statement of fact (a representation) and a promise of the same fact (a warranty), it is not clear that a single verb would or could necessarily convey that intention. Using two previse verbs thus increases the likelihood that a reader aware of the law will interpret the provision as the drafter intended.

Second, using both verbs when both types of term are desired – and only one verb when only one type of term is desired or appropriate – comports with broader generalization that transactional attorneys should: (1) fully understand each different type of contract term, e.g., declarations, representations, warranties, covenants, conditions; (2) be aware of the limitations and consequences of each; and (3) make informed and thoughtful decisions about what type or types of term each provision in an agreement should be. In other words, using “represents” for representations, “warrants” for warranties, and both verbs where appropriate might prompt a transaction attorney to carefully consider which type of term each reference to fact should be.

After all, not every reference to fact in an agreement should be both a representation and warranty. For a known fact, it is usually appropriate for the party who knows it to both represent and warrant the fact, and thereby be subject to both tort and contract claims if the fact proves not to be true. However, in some settings only one set of remedies is desired. For example, an issuer of life insurance policies might want its insureds only to represent, not warrant, statements about their health because what the insurer wants is a right to rescind, not a right to sue for damages. Moreover, for an uncertain fact – that is, a fact about which some doubt exists – the parties might not wish to allocate the risk of falsity in the manner that a warranty would. If a contracting party warrants an uncertain fact, the contracting party is accepting the risk – strict liability in contract – that the fact might not be true. If a contracting party instead merely represents that the party has no knowledge or reason to know that the fact is false, the party has accepted much less risk.

Carefully distinguishing among representations, warranties, and statements that should properly be both can only be a good thing. There is more danger in confusing different types of terms than any harm or affront to brevity posed by the phrase “represents and warrants.”

STEPHEN L. SEPINUCK Nashville, TN 37203 (509) 279-5550 (mobile) [email protected]     Academic Experience   Vanderbilt Law School Adjunct...

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Fraudulent Misrepresentation

By Jade Chounlamountry, Esq. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed June 06, 2024

Legally Reviewed

This article has been written and reviewed for legal accuracy, clarity, and style by  FindLaw’s team of legal writers and attorneys  and in accordance with  our editorial standards .

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People who own small businesses know that most deals they make, like handshakes, count as contracts.  Contract law  mainly governs how rights move from one person to another. It makes sure everyone follows the rules on which they agreed.

In any contract, both sides must understand and trust each other. But if one side lies or tricks the other into the contract and causes harm, the damaged party can sue for fraudulent misrepresentation.

Understanding Misrepresentation and Its Types

Misrepresentation  in  business law  means showing untrue information as if it's true. In small businesses, this can cause significant financial problems. It can also make you miss chances and even get you into legal trouble.

There are many types of misrepresentation. The three primary types of misrepresentation are innocent, negligent, and fraudulent misrepresentation.

• Innocent misrepresentation  occurs when a party makes a false statement, believing it to be true, without any intent to deceive. While it does not involve dishonesty, it can still lead to legal consequences.
• Negligent misrepresentation  occurs when a party doesn't check their facts. In some instances, perhaps they didn't have a good reason to believe what they said was true. This demonstrates a degree of carelessness.
• Fraudulent misrepresentation  is the most severe form. Fraudulent misrepresentation means intentionally tricking someone into a deal or agreement by knowingly giving them false information.

False representation can greatly affect you, whether you're a prime contractor working with subcontractors or a small business dealing with government contracts.

Fraudulent Misrepresentation and Contract Law

In contract law, fraudulent misrepresentation happens when someone tricks another person into signing a contract by lying or hiding important facts. This goes against the basic idea that contracts should be honest and fair.

If proven in court, the party who was tricked can:

• Cancel the contract
• Get money to cover their losses
• Make the deceptive party pay extra as a punishment (in some cases)

This concept is in place to make sure  business contracts  are made with trust and honesty between the people involved.

Fraudulent misrepresentation claims can also stem from reckless statements. For example, say a negotiator makes a claim about the company that they aren't sure is true. In these cases, the person making the statement recklessly convinces the other party to enter the contract.

The Role of Small-Business Concerns and Government Contracts

Small businesses that work with government contracts often face accusations of misrepresentation. Federal rules, such as the  Code of Federal Regulations  (CFR), stress the need to be honest when dealing with government purchases. The Small Business Act and the  Small Business Administration  (SBA) protect the interests of small businesses trying to get government contracts.

Procurement becomes a critical concern in subcontracting arrangements. Small businesses must meet criteria to benefit from set-aside contracts reserved for them. Representing the small business's status and capabilities in good faith is essential.

Protecting Small-Business Interests

To combat misrepresentation, the submission of a bid comes under scrutiny. Certifying your small business's size and qualifications is a big deal. If these certifications are false, it can lead to severe consequences. The  False Claims Act  and the  Program Fraud Civil Remedies Act  offer ways to deal with business fraud and false statements in federal contracts. This could mean hefty fines and penalties.

For small businesses, understanding misrepresentation claims is crucial to avoiding legal pitfalls. Partnering with professionals in business law and government contracts can provide essential guidance. It's important to follow the rules to reduce the risk of misrepresentation. Check whether subcontractors are eligible and do thorough research before submitting bids.

Limitation of Liability and Material Facts

In commercial disparagement, the principle of limitation of liability gains prominence. Businesses may include disclaimers to limit their exposure to specific fraud claims. However, they are still responsible for providing accurate and transparent information in good faith. Parties should disclose facts essential to the decision-making process to prevent false representation.

Remedies for Fraudulent Misrepresentation

Actual damages for fraudulent misrepresentation can include  rescission  of the contract and  damages . Rescission of the contract is the most common remedy. Rescission renders the contract voidable (instead of simply "void").

If this is not possible, the parties may keep the contract. This restores the parties to their pre-contractual positions. You can claim damages only for actual losses caused by the type of  fraud .

Questions About Fraudulent Misrepresentation? Contact an Attorney

If you're facing a lawsuit or think you entered into a contract under false pretenses, there's a lot at stake. Depending on the nature of your case, the key to your success in court may come down to just one tiny detail of fact. Speak with a skilled  business lawyer  today to learn about your options.

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Understanding Business Lawyers: Their Roles & Responsibilities

Business lawyers, also known as corporate lawyers or commercial lawyers, are legal professionals who specialize in providing legal advice and guidance to businesses and corporations. They are experts in various areas of law that are relevant to the business world, such as contract law, intellectual property law, employment law, and corporate law.

The primary role of business lawyers is to help businesses navigate the complex legal landscape and ensure compliance with applicable laws and regulations. They provide legal advice on a wide range of issues, including business formation and incorporation, contract drafting and negotiation, intellectual property protection, employment law compliance, and representation in court.

Key Takeaways

• Business lawyers are legal professionals who specialize in providing legal advice and representation to businesses and corporations.
• Business lawyers play a crucial role in today’s corporate world by helping companies navigate the complex legal framework of business and ensuring compliance with laws and regulations.
• Business lawyers assist with company formation and incorporation, including drafting and filing necessary documents and ensuring compliance with state and federal laws.
• Business lawyers are also responsible for drafting, reviewing, and negotiating contracts on behalf of their clients, as well as protecting their intellectual property assets.
• Business lawyers help ensure compliance with employment laws and represent clients in court in the event of litigation, while also upholding professional responsibilities and ethical obligations.

The Importance of Business Lawyers in Today’s Corporate World

In today’s corporate world, the legal landscape is becoming increasingly complex. Businesses face numerous legal challenges and risks that can have significant consequences if not properly addressed. This is where business lawyers play a crucial role.

Not having a business lawyer can expose businesses to a wide range of risks. Without proper legal guidance, businesses may unknowingly violate laws and regulations, leading to costly fines and legal disputes. Additionally, without a business lawyer to review contracts and agreements, businesses may enter into unfavorable agreements that can have long-term negative effects.

On the other hand, having a business lawyer provides numerous benefits. Business lawyers have the expertise and knowledge to navigate the legal complexities of the business world. They can help businesses understand their rights and obligations under the law and ensure compliance with applicable regulations. Moreover, business lawyers can provide valuable advice on how to protect the company’s assets, mitigate risks, and make informed decisions.

Understanding the Legal Framework of Business: How Business Lawyers Help

The legal framework of business encompasses various areas of law that are relevant to businesses and corporations. Business lawyers play a crucial role in helping businesses understand and navigate this complex legal landscape.

There are different types of business law that business lawyers specialize in. These include contract law, which governs the creation and enforcement of contracts; intellectual property law, which protects the rights of businesses over their intangible assets such as trademarks, copyrights, and patents; employment law, which regulates the relationship between employers and employees; and corporate law, which governs the formation, operation, and dissolution of corporations.

Business lawyers help businesses navigate these legal complexities by providing legal advice and guidance. They ensure that businesses understand their rights and obligations under the law and help them make informed decisions. Moreover, business lawyers assist businesses in complying with applicable laws and regulations to avoid legal disputes and penalties.

The Role of Business Lawyers in Company Formation and Incorporation

When starting a business, one of the first steps is to form a company. Business lawyers play a crucial role in this process by helping entrepreneurs understand the legal requirements for forming a company and guiding them through the incorporation process.

Business lawyers assist entrepreneurs in determining the most appropriate legal structure for their business, whether it be a sole proprietorship, partnership, limited liability company (LLC), or corporation. They help entrepreneurs understand the advantages and disadvantages of each structure and advise them on the best option based on their specific needs and goals.

Once the legal structure is determined, business lawyers help with the necessary paperwork and filings required for incorporation. They ensure that all legal requirements are met, such as drafting articles of incorporation, filing with the appropriate government agencies, and obtaining necessary licenses and permits.

Incorporation offers several benefits to businesses, such as limited liability protection for owners, easier access to capital through the issuance of stocks or shares, and enhanced credibility with customers and suppliers. Business lawyers play a crucial role in helping businesses reap these benefits by guiding them through the company formation and incorporation process.

Business Lawyers and Contracts: Drafting, Reviewing, and Negotiating

Contracts are an essential part of doing business. They establish the rights and obligations of the parties involved and provide legal protection in case of disputes. Business lawyers play a crucial role in the contract process by drafting, reviewing, and negotiating contracts on behalf of their clients.

Business lawyers help businesses draft contracts that accurately reflect their intentions and protect their interests. They ensure that all necessary terms and conditions are included in the contract and that it complies with applicable laws and regulations. Moreover, business lawyers help businesses understand the implications of the contract and advise them on potential risks and liabilities.

In addition to drafting contracts, business lawyers also play a crucial role in reviewing contracts that are presented to their clients. They carefully analyze the terms and conditions of the contract, identify any potential issues or risks, and advise their clients on whether to accept or negotiate changes to the contract.

Negotiating contracts is another important role of business lawyers. They represent their clients’ interests during contract negotiations and strive to achieve favorable terms and conditions. Business lawyers have the negotiation skills and legal knowledge to protect their clients’ interests and ensure that they enter into agreements that are fair and beneficial.

Not having a business lawyer review contracts can expose businesses to significant risks. Without proper legal guidance, businesses may unknowingly enter into agreements that contain unfavorable terms or fail to protect their interests. This can lead to costly disputes and legal battles down the line.

Business Lawyers and Intellectual Property: Protecting Your Business Assets

Intellectual property (IP) refers to intangible assets that are created by the human intellect, such as inventions, trademarks, copyrights, and trade secrets. These assets are often critical to the success of a business and need to be protected. Business lawyers play a crucial role in helping businesses protect their intellectual property.

Intellectual property law is a complex area of law that requires specialized knowledge and expertise. Business lawyers assist businesses in understanding their intellectual property rights and guide them through the process of protecting these rights.

Business lawyers help businesses identify and register their trademarks, copyrights, and patents. They ensure that the necessary paperwork is filed with the appropriate government agencies and that all legal requirements are met. Moreover, business lawyers advise businesses on how to enforce their intellectual property rights and take legal action against infringers.

Not having a business lawyer to protect intellectual property can have serious consequences. Without proper legal protection, businesses may be vulnerable to intellectual property theft and infringement. This can result in loss of revenue, damage to the company’s reputation, and loss of competitive advantage.

Business Lawyers and Employment Law: Ensuring Compliance and Fairness

Employment law governs the relationship between employers and employees. It sets out the rights and obligations of both parties and provides legal protection for employees against unfair treatment. Business lawyers play a crucial role in ensuring that businesses comply with employment law and treat their employees fairly.

Business lawyers help businesses understand their obligations under employment law and ensure compliance with applicable regulations. They assist businesses in drafting employment contracts, policies, and procedures that comply with the law and protect the rights of both employers and employees.

Moreover, business lawyers advise businesses on issues related to hiring, firing, discrimination, harassment, wage and hour laws, and workplace safety. They help businesses navigate these complex areas of employment law and ensure that they are treating their employees fairly and in accordance with the law.

Not having a business lawyer ensure compliance with employment law can expose businesses to significant legal risks. Violations of employment law can result in costly fines, penalties, and legal disputes. Moreover, mistreatment of employees can damage the company’s reputation and lead to a loss of trust from customers and stakeholders.

Business Lawyers and Litigation: Representing Clients in Court

Litigation refers to the process of resolving disputes through the court system. In the business world, litigation can arise from various issues, such as contract disputes, intellectual property infringement, employment disputes, or regulatory violations. Business lawyers play a crucial role in representing their clients in court and protecting their interests.

The risks of litigation in business are significant. Legal disputes can be time-consuming, costly, and damaging to a company’s reputation. Moreover, the outcome of a lawsuit can have a significant impact on the financial health and future of a business.

Business lawyers represent their clients in court by preparing legal arguments, presenting evidence, and advocating for their clients’ interests. They have the legal knowledge and expertise to navigate the court system and ensure that their clients’ rights are protected.

Having a business lawyer represent clients in court provides several benefits. Business lawyers understand the legal complexities of litigation and can develop effective strategies to achieve the best possible outcome for their clients. Moreover, they have the negotiation skills to explore settlement options and resolve disputes outside of court if it is in their clients’ best interests.

The Ethics of Business Law: Professional Responsibilities and Obligations

Business lawyers have ethical obligations and responsibilities that they must adhere to in their practice. These ethical obligations are designed to ensure that business lawyers act in the best interests of their clients and maintain the integrity of the legal profession.

Business lawyers have a duty of loyalty to their clients, which means that they must act in their clients’ best interests and avoid conflicts of interest. They also have a duty of competence, which requires them to possess the necessary knowledge and skills to provide competent legal representation.

Moreover, business lawyers have a duty of confidentiality, which means that they must keep all client information confidential unless authorized by the client or required by law. This duty is essential to maintain client trust and protect sensitive information.

Ethical behavior is crucial in business law because it ensures that clients receive competent and trustworthy legal representation. Unethical behavior can have serious consequences, such as disciplinary action by professional organizations, loss of reputation, and legal liability.

Finding the Right Business Lawyer for Your Company: Tips and Best Practices

Finding the right business lawyer for your company is crucial to ensure that you receive competent and effective legal representation. Here are some tips and best practices for finding and working with a business lawyer:

1. Determine your specific legal needs: Before searching for a business lawyer, determine your specific legal needs. Identify the areas of law that are relevant to your business and the type of legal assistance you require.

2. Seek recommendations: Ask for recommendations from other business owners, colleagues, or professionals in your industry. They may be able to provide valuable insights and recommendations based on their own experiences.

3. Research potential candidates: Once you have a list of potential candidates, research their background, experience, and reputation. Look for reviews or testimonials from previous clients to get an idea of their track record.

4. Schedule consultations: Schedule consultations with potential candidates to discuss your legal needs and evaluate their suitability for your company. Ask about their experience in your industry and their approach to handling legal issues.

5. Consider communication and responsiveness: Communication is key when working with a business lawyer. Consider how responsive and accessible the lawyer is during the consultation process. You want to work with someone who is attentive to your needs and communicates effectively.

6. Discuss fees and billing: During the consultation, discuss fees and billing arrangements with the lawyer. Make sure you understand how they charge for their services and what expenses you may be responsible for.

7. Maintain a good relationship: Once you have chosen a business lawyer, maintain a good relationship by communicating openly, providing all necessary information, and promptly responding to requests for information or documents.

In conclusion, business lawyers play a crucial role in today’s corporate world. They help businesses navigate the complex legal landscape, ensure compliance with applicable laws and regulations, protect intellectual property, draft and review contracts, ensure fair treatment of employees, represent clients in court, and uphold ethical standards. Finding the right business lawyer for your company is essential to ensure that you receive competent and effective legal representation.

If you’re interested in learning more about the different areas of law and the roles that lawyers play, you might also want to check out this informative article on “ What Does an Estate Lawyer Do? ” An estate lawyer specializes in matters related to wills, trusts, and estates, helping individuals plan for the distribution of their assets after death. Additionally, if you’re curious about the legal aspects of environmental protection or education, you can explore these articles on Education Law Attorneys .

What is a business lawyer?

A business lawyer is a legal professional who specializes in providing legal advice and representation to businesses and corporations.

What does a business lawyer do?

A business lawyer provides legal advice and representation to businesses on a wide range of legal issues, including contracts, employment law, intellectual property, mergers and acquisitions, and corporate governance.

What are the responsibilities of a business lawyer?

The responsibilities of a business lawyer include drafting and reviewing contracts, negotiating deals, advising on legal compliance, representing clients in court, and providing legal guidance on business strategy.

What are the qualifications of a business lawyer?

A business lawyer typically has a law degree and is licensed to practice law in their jurisdiction. They may also have additional qualifications or certifications in business law or related fields.

When should a business hire a lawyer?

A business should hire a lawyer when they need legal advice or representation on any legal issue related to their business, such as drafting contracts, negotiating deals, or resolving disputes.

How much does a business lawyer cost?

The cost of a business lawyer can vary depending on the complexity of the legal issue and the experience of the lawyer. Some lawyers charge an hourly rate, while others may charge a flat fee or contingency fee.

How can a business find a good lawyer?

A business can find a good lawyer by asking for referrals from other businesses or professionals, researching online, or contacting their local bar association for a referral. It is important to choose a lawyer who has experience in the specific area of law that the business needs help with.

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Representations and Warranties | Practical Law

Representations and Warranties

Practical law glossary item 8-382-3760  (approx. 3 pages).

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Rule 4.2 and corporate representation.

Over the years I have responded to many questions about the interpretation of Rule 4.2 governing communication with a represented party, especially when the represented party is a corporate entity.  Rule 4.2 shields certain “represented” corporate constituents from direct communication about the subject of the representation by opposing counsel.  Based upon questions I have received, there appears to be a misperception that counsel for a corporate defendant in a civil litigation matter can simultaneously represent any current or former constituent (witness) of the corporation “for purposes of the deposition only” to protect that person from informal communications with opposing counsel.    This sort of dual representation, especially where that witness may have damaging information about the corporation, is ill-advised and is likely prohibited by the ethics rules.  Here’s why:

Counsel for a corporation, represents the corporation as an entity.  Rule 1.13.  A lawyer may represent the corporation and any of its individual constituents (employees, members, shareholders, directors) so long as there is no disqualifying conflict of interest.  Rule 1.13(g).  Any dual representation in the same matter, however, requires that the lawyer obtain informed consent from both the organization and the individual to be represented.  Rule 1.7.  Presumably, representation of a corporation and a former constituent would be permissible subject to these same considerations.

A lawyer should not undertake representation of a client when he is aware of a disqualifying conflict of interest under Rule 1.7.  When a lawyer represents a corporate entity, he may only undertake simultaneous representation of a current or former constituent of the organization if representation of one is not adverse to the interests of the other.  For example, if a lawyer knows that a witness (former employee) has information that is adverse to the interests of the corporation, the lawyer should not undertake representation of that witness in the same matter.  Once a lawyer has agreed to represent the client/witness, the lawyer owes that client a duty of loyalty which stretches throughout the matter he is handling.

Even if a lawyer could ethically limit the representation of the former employee to a deposition, if the former employee/witness provides information in the deposition that is inconsistent with the corporate client’s narrative or position, or adverse to the interests of the corporation in the matter, the corporate lawyer has a disqualifying conflict of interest at that very moment. The attempt to limit the representation to the deposition would be ineffective in preventing a conflict of interest. The lawyer cannot fulfill his duty of loyalty to both clients. Furthermore, if the deposition testimony could be used by the opposing counsel at hearing, or if the witness would be called to the stand during trial, the corporate lawyer’s duty of loyalty to the corporation may require cross examination of the witness/client.  At the same time, the duty of loyalty owed to the former employee in this matter would preclude such action.

This dual representation would also raise the question whether the lawyer, in representing the former employee/witness in the deposition, was protecting the interests of the deponent or his corporate client when instructing the witness when to respond or in raising objections. A lawyer who advises a deponent/witness not to give relevant information that is subject to disclosure under applicable law or rules of evidence engages in professional misconduct under Rule 3.4 (d) and is acting adverse to the interests of the deponent. The lawyer seeking information from the deponent may bring a motion to compel, and if that motion is successful, the deponent may be ordered to pay costs/attorney’s fees for the motion. Any direction to the deponent not to provide relevant, discoverable evidence is an action against the interests of the deponent, and a conflict of interest.  Furthermore, the lawyer has an obligation to follow procedural and evidentiary rules, and not unlawfully obstruct access to evidence.  Rule 3.4.

If the former employee has any information that could be prejudicial to the corporation or helpful to the opposing party, a lawyer cannot undertake representation of this individual to try to shield this information from disclosure at deposition.  If a lawyer tried to undertake representation of both the individual and the corporate client under these circumstances, this disqualifying conflict of interest would require the lawyer to withdraw from representation of both the corporation and the former employee. So, before a lawyer may undertake joint representation of a corporate defendant and a former employee, he must do his due diligence to determine that a conflict of interest is not likely to arise, and that he can represent the best interests of the former employee at all times in the deposition and at trial, if necessary.  If he cannot do so, he must not offer to represent the former employee. Rule 1.7(a)(2).

Foundations of Business Law and Legal Environment

(2 reviews)

Don Mayer, University of Denver

Copyright Year: 2012

ISBN 13: 9781453343722

Publisher: Saylor Foundation

Language: English

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Reviewed by Elizabeth Nowakowski, Associate Professor, Paralegal & Legal Studies, Bristol Community College on 6/29/20

I have been using parts of this book in multiple classes where I teach using OER. I use some of the foundation chapters in my "Introduction to Legal Studies" class and I use more advanced chapters in my "Business Organizations for Paralegal"... read more

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I have been using parts of this book in multiple classes where I teach using OER. I use some of the foundation chapters in my "Introduction to Legal Studies" class and I use more advanced chapters in my "Business Organizations for Paralegal" course. I like this book because it offers a very comprehensive coverage of each topic. I really appreciate the cases and exercises that come at the end of the chapters, which I often use as well. ok.

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The content is relevant and not needing any supplementing.

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Students have commented that the book is easy to follow.

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The material is very well organized within the chapters.

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Grammatical Errors rating: 5

I haven't seen any typos or grammatical errors.

Cultural Relevance rating: 5

The text is culturally sensitive.

This book can be used in different ways - either in its entirety in a Business Law class (where the instructor would still have to pick and choose the material to cover) or, as I have done, use individual chapters in a OER class where materials from various sources are used throughout the semester.

Reviewed by Jason Roberts, Instructor, Portland Community College on 1/7/16

Appropriately comprehensive for a lower undergraduate course in the subject. One noticeable omission is any serious discussion of intellectual property issues (patent, trademark and copyright) each of which likely merit a section of their own in a... read more

Comprehensiveness rating: 4 see less

Appropriately comprehensive for a lower undergraduate course in the subject. One noticeable omission is any serious discussion of intellectual property issues (patent, trademark and copyright) each of which likely merit a section of their own in a text like this.

As a broad based overview of the subject, the book is accurate throughout. It largely avoids delving into nuanced concepts, or applications of law specific to limited jurisdictions, areas likely to be volatile. An instructor should expect to supplement materials with information that is relevant for jurisdictions they are teaching in, or significant recent developments.

Content deals largely with broad principles of business law, and avoids treatments of specific cases or rulings. As such it is likely to remain relevant. Since the book is organized into discrete topic units, content areas requiring updates can be easily updated.

Prose is straightforward, suitably readable for a lower undergraduate course. New terminology is defined, and examples are frequently provided.

Each chapter and section is consistent in terms of structure.

Book is made up of 32 chapters, each on a discrete topic. Within each chapter are sections that are prefaced by a "Learning Takeaways: summary, and conclude with "Key Takeaways" and exercises. As such this book could easily be used in a course that was a broad overview at an undergraduate level of business law, or as a text that was a smaller in-depth look at particular topics. Individual sections would be excellent supplementary materials for other courses, where relevant, as well. Chapter 30: Employment Law in an HR course, or chapters 20 to 23 on business entity choices in a general business course for example.

Organization/Structure/Flow rating: 4

The only odd choice made by the other was to place the chapters dealing business entity types in the middle of the text. Given that so many other topics stem from this, it would seem to be more logical and intuitive to place this as one of the earliest matters discussed.

Interface rating: 4

Note that the pdf version does not have a table of contents included. This is a minor navigational annoyance. Otherwise the interface is solid.

No noticeable grammar errors, or other linguistic issues.

Cultural Relevance rating: 3

Book is neither culturally offensive or insensitive. That being said, hypothetical examples do not use a wide range of individuals with different backgrounds.

Table of Contents

• Chapter 1: Introduction to Law and Legal Systems
• Chapter 2: Corporate Social Responsibility and Business Ethics
• Chapter 3: Courts and the Legal Process
• Chapter 4: Constitutional Law and US Commerce
• Chapter 5: Administrative Law
• Chapter 6: Criminal Law
• Chapter 7: Introduction to Tort Law
• Chapter 8: Introduction to Contract Law
• Chapter 9: The Agreement
• Chapter 10: Real Assent
• Chapter 11: Consideration
• Chapter 12: Legality
• Chapter 13: Form and Meaning
• Chapter 14: Third-Party Rights
• Chapter 15: Discharge of Obligations
• Chapter 16: Remedies
• Chapter 17: Products Liability
• Chapter 18: Relationships between Principal and Agent
• Chapter 19: Liability of Principal and Agent; Termination of Agency
• Chapter 20: Partnerships: General Characteristics and Formation
• Chapter 21: Partnership Operation and Termination
• Chapter 22: Hybrid Business Forms
• Chapter 23: Corporation: General Characteristics and Formation
• Chapter 24: Legal Aspects of Corporate Finance
• Chapter 25: Corporate Powers and Management
• Chapter 26: Securities Regulation
• Chapter 27: Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution
• Chapter 28: Antitrust Law
• Chapter 29: Unfair Trade Practices and the Federal Trade Commission
• Chapter 30: Employment Law
• Chapter 31: Labor-Management Relations
• Chapter 32: International Law

Ancillary Material

About the book.

Mayer, Warner, Siedel and Lieberman's Foundations of Business Law and the Legal Environment is an up-to-date textbook with comprehensive coverage of legal and regulatory issues for your introductory Legal Environment or Business Law course.

The text is organized to permit instructors to tailor the materials to their particular approach.

The authors take special care to engage students by relating law to everyday events with which they are already familiar with their clear, concise and readable style.

Business Law and the Legal Environment provides students with context and essential concepts across a broad range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal savvy necessary for business people to talk in an educated way to their customers, employees, suppliers, government officials — and to their own lawyers.

About the Contributors

Don Mayer now teaches law, ethics, public policy, and sustainability at the Daniels College of Business, University of Denver, where he is Professor in Residence. His research focuses on the role of business in creating a more just, sustainable, peaceful and productive world. With James O'Toole, Professor Mayer has co-edited and contributed content to Good Business: Exercising Effective & Ethical Leadership (Routledge: Taylor and Francis, 2010). He is also co-author of International Business Law: Cases and Materials, in its 5th edition with Pearson Publishing Co. He recently served as the first Arsht Visiting Ethics Scholar at the University of Miami. After attending Kenyon College (philosophy) and Duke University Law School, Professor Mayer served as a "JAG officer" with the United States Air Force during the Vietnam conflict, and went to private practice in North Carolina. He went to Washington D.C. in 1984 to attend Georgetown University Law Center, where he earned his LL.M. in International and Comparative law in 1985. He began an academic career in 1985 at Western Carolina University, and was a full professor at Oakland University in Rochester, Michigan for many years before coming to the University of Denver. He has taught as a visitor at California State Polytechnic University, the University of Michigan, the Manchester Business School Worldwide, and Antwerp Management School. Professor Mayer has won numerous awards from the Academy of Legal Studies in Business, including the Hoeber Award for best article in the American Business Law Journal, twice won the Maurer Award for best article on business ethics, and three times won the Ralph Bunch Award for best article on international business law. His work has been published in many journals and law reviews, but most often in American Business Law Journal, the Journal of Business Ethics, and the Business Ethics Quarterly.

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What Is A Representation Agreement?

Updated: Jun 15, 2023, 7:18am

Table of Contents

What is a representation agreement, why do you need a representation agreement, what should be in your representation agreement, signing a representation agreement, frequently asked questions (faqs).

If you are hiring a lawyer, you should have a written representation agreement in place.

This is a crucial document that protects your rights and helps to ensure both you and your lawyer are on the same page regarding the legal services you will receive and the compensation you will provide to your attorney in exchange for those services.

But what is a representation agreement exactly? This guide answers that question and provides insight into what should be included in your contract.

A representation agreement is a written contract you enter into with an attorney when you engage them to help you with any type of legal issues.

Whether you are hiring a lawyer to help you sue someone, engaging a lawyer to represent you in a divorce or getting legal help with any other matters, you should have a representation agreement in place.

Representation agreements are sometimes called fee arrangements or retainer agreements , but they do more than just establish the cost structure. They define all of the key terms of the attorney/client relationship into which you are entering.

These documents may be many pages long, full of complex legalese, or can be simple documents with just a few key provisions outlined. The important thing is that they provide enough information to ensure you and your lawyer have a shared understanding of what role your attorney will play in helping you and how you will compensate them for their services.

You need a representation agreement in place for a number of reasons, including the following:

• To ensure you know what to expect in terms of the legal services your lawyer will provide
• To establish exactly when and how your lawyer will be paid to provide you with legal services
• To clearly detail the fee structure you are responsible for
• To help resolve any disputes that arise between you and your attorney
• To define how your relationship with the lawyer will work and to clarify who will handle different aspects of your case
• To give your attorney any necessary authority to act on your behalf
• To protect you and your lawyer in case problems arise between you

Understanding the whys behind signing a representation agreement is more important than simply understanding the answer to the question, what is a representation agreement. By learning the purpose of this contract, you make sure you sign an agreement you’re satisfied with.

The details of exactly what should be in your representation agreement are determined based on what you and your lawyer feel is most important. However, you should ensure the following details are included.

Fee Structure

It’s very important that your agreement spells out how you will pay your lawyer so there are no surprises. There are several different options for how attorneys charge including the following fee structures.

• Hourly Fee: Attorneys charge hourly for a variety of legal matters, especially if it is not clear how long your case will take. Hourly fee arrangements are common in divorce cases, breach of contract claims, estate planning, criminal cases, and many other civil cases.
• Flat Fee: Sometimes your lawyer charges a set amount for specified services. For example, some lawyers charge a set rate for a simple uncontested divorce or for bankruptcy.
• Contingent Fee: A contingent fee arrangement is common in personal injury claims. With this fee arrangement, your lawyer only charges you legal fees if you win your case. You will pay fees equaling a percentage of the compensation you are able to recover.

The agreement may also require you to pay the attorney an up front retainer or deposit. These funds may be held in a special account and withdrawn only when the attorney earns them. The agreement must specify how much you are required to pay, how the funds will be held and your rights to a refund or return of unearned funds.

Make sure your agreement spells out who will be responsible for actual costs and fees, such as court filing fees, expert witness fees and attorney travel expenses. You may be expected to pay these costs even under a contingent fee arrangement if you don’t win your case. You need to know the lawyer and firm’s policy on this before you sign a representation agreement.

Scope of the Representation

Your representation agreement should detail the nature and types of legal services that your lawyer is providing for you. For example, if your lawyer handles settlement negotiations and litigation but will not represent you if your case ends up going to the appeal phase, this should be specified in your representation agreement.

Termination of the Attorney/Client Relationship

Details on when and how the attorney/relationship ends should also be included in your contract. For example, your agreement may specify that you can fire your attorney at will (which means you can let them go at any time) or it may include a clause specifying that you will only be able to let your attorney go for good cause (if there is a problem with the representation).

Other Terms

In addition to addressing these key issues, your agreement should also specify whether you are giving your lawyer power of attorney on any issues. Power of attorney is the right to act on your behalf and make decisions for you.

The agreement may also dictate what will happen to your client files when your case ends and who exactly will be involved in your case, such as whether paralegals or associates will handle any aspects of your case.

You should enter into your representation agreement as soon as you have determined you want to work with a particular lawyer or law firm. The sooner you sign this document, the sooner everyone will be on the same page and your lawyer can begin advocating for you and representing your interests.

What is an agreement with a lawyer called?

When you hire a lawyer, you will enter into a contract outlining the scope of the legal services your attorney will provide and the fees your lawyer will charge. This contract is usually called a representation agreement, retainer agreement or fee agreement.

What should be in a representation agreement?

A representation agreement with your lawyer should provide details on the legal services your attorney will provide, the fees and payment structure and when and how you can terminate the attorney/client relationship. This agreement outlines the terms of your relationship with your lawyer in case there are any disputes.

Can a lawyer represent you without a contract?

A lawyer can provide some legal services without a contract and can charge fees for them, but this is not a good idea for either party. A representation agreement should be created when the attorney/client relationship has been formed. This details the terms of the legal representation and the agreement between the parties so everyone is on the same page and there are no unpleasant surprises.

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Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.

Misrepresentation

Definition of misrepresentation, what is misrepresentation, three types of misrepresentation, fraudulent misrepresentation, compensatory damages, negligent misrepresentation, innocent misrepresentation, misrepresentation example involving, related legal terms and issues.

12.1 Unfair Trade Practices

The term “unfair trade practice” describes the use of deceptive, fraudulent, or unethical methods to gain business advantage or to cause injury to a consumer. Unfair trade practices are considered unlawful under the Consumer Protection Act. The purpose of the law is to ensure that consumers have the opportunity to make informed, rational decisions about the goods and services they purchase.

Unfair trade practices include false representation of a good or service, targeting vulnerable populations, false advertising, tied selling, false free prize or gift offers, false or deceptive pricing, and non-compliance with manufacturing standards. Alternative names for unfair trade practices are “deceptive trade practices” or “unfair business practices.”

Section 5(a) of the Federal Trade Commission Act prohibits “unfair or deceptive acts or practices in or affecting commerce.” Per the rule, unfair practices are those that cause, or are likely to cause, injury to consumers, those that consumers cannot avoid, and those in which the benefits of the product or service do not outweigh the deception. Deceptive practices are defined as those in which the seller misrepresents or misleads the consumer, and the misleading practice is substantial.

The Federal Trade Commission (FTC) is a federal agency that enforces consumer protection laws. Consumers may seek recourse for unfair trade practices by suing for compensatory or punitive damages. Plaintiffs do not have to prove intent. Showing that the practice itself was unfair or deceptive is sufficient.

Unfair Trade Practices and Examples

Product guarantees and false endorsements.

Companies must be prepared to honor product guarantees. For example, if a product is advertised with a 50 percent money-back guarantee, then that must be provided to customers who meet the requirement(s) attached to the guarantee. Similarly, companies may not create false endorsements and testimonials about their products.

Unfair Advertising

False advertising includes the misrepresentation of a product, service, or price. It may be more expansively defined to include unfair sales strategies, such as advertising one item and then selling another item in its place, e.g., one that is higher priced, lower quality and/or less in demand. This method is most commonly referred to as “bait and switch.” Additional examples of unfair advertising include incorrect pricing, fake endorsements, deceptive guarantees, making false statements, and providing descriptions that exaggerate the performance of the product or service.

For months, Ivan had searched for just the right window curtain to match the décor of his new high rise condo. Finally, while browsing through Amazon, he saw two gray velvet curtains that featured a damask pattern, with taupe and gold accents and specks of ice blue glitter accents. He could not have designed a more perfect color palette for the window treatments if he tried. Moreover, the velvet blackout touch was just what he needed. Excited, he hit the “Buy Now” button and waited a couple of days for his order to arrive. When it did, what a huge disappointment! He could see, if he stared long and hard enough, how someone with a vivid imagination might consider the curtain to be an abstract interpretation of what was advertised. However, most people would see that the product was not at all close to what was advertised. The velvet was closer to linen, the damask pattern was closer to swirls, and the taupe and gold accents with specks of ice blue were closer to silver and purple, with specks of mauve. After running a Google reverse image search of the original product photo, he saw it featured in an interior design magazine. When Ivan looked up the product endorsements and reviews, he saw that all of the reviewers had only posted reviews for that particular seller’s products, and that they had posted nothing but glowing reviews for each of the products. It was clear to Ivan that the seller was guilty of false advertising, as well as faking endorsements. Ivan has enough information to submit a consumer complaint to the Federal Trade Commission.

Taking Advantage of Customers

The FTC also pays particular attention to business ventures that target vulnerable populations. For example, some telemarketing efforts employ intense pressuring tactics to target seniors and people who don’t speak English.

Devin is involved in the telemarketing of spy gadgets, such as bugs and bug detectors. He has had a lot of trouble finding a market for these products. One day, he speaks with an older citizen who asks him about the benefits of the bug detector. Devin starts to knowingly make unsubstantiated claims that there have been news reports that home bugging is on the rise. His false claims works like a charm. Spooked, the elderly customer buys the most expensive bug detector product. Seeing his success, Devin purchases a report of households in his geographic selling area that are headed by people over the age of 70. Over the next few months, his sales increase at an explosive rate. When he is recognized by management for his leading sales numbers, they also inquire about the secret to his success as they seek to replicate it in training materials for other sales professionals. When Devin proudly explains his tactics, he is terminated by the company. The company calls the customers impacted by his false claims, explains that there was a misrepresentation by one their sales associates regarding the scope of known bugging activity, allows them to keep their bug detectors, and refunds them the money they spent purchasing the products. The sales associate engaged in unfair trade practices, but the company took appropriate steps to correct it.

Misrepresenting a Product

At times, the FTC may be quite technical in its definition of certain terms. For this reason, companies should be very clear about their usage of various phrases and words. For example, the word “new” may only be used to refer to a product that is less than six months old. Other terms may be the subject of debate or litigation, such as whether a lotion will actually “rejuvenate” skin or whether a tablet will actually “cure” baldness. Indeed, a sweater should not be called “wool” unless that is its complete composition. There are many examples, so it is important for businesses to have an understanding of the FTC’s rules on this topic.

Giving Misleading Price Information

The FTC sanctions misleading price information as an unfair trade practice. Examples of misleading price information include false sales in which a “limited time offer” might actually be available forever, or running a “Going Out of Business” sale without any plans to go out of business while advertising that items are discounted, although the prices have not changed.

A brick and mortar store has an online promotion for a “buy one, get one” offer for the season’s hottest new phone, stating that the offer is only available on Black Friday. The store opens at 5:00 a.m., and customers start lining up with their sleeping bags in tow the evening prior to the morning opening time. After customers almost stampede one another, they learn that they will have to also purchase a phone plan that is inflated by 100% of its regular price to qualify for the deal. Nowhere in the literature or promotions was the phone plan, or its over-inflated price, mentioned as a requirement to get the buy one get one free phone deal.

Failing to Disclose Pertinent Information

Merchants must disclose facts that would reasonably influence the consumer’s decision to make a purchase. Withholding pertinent information from customers may be viewed by the FTC as equal in severity to the process of using overtly incorrect or deceptive information. For example, sellers should always disclose the full price of their products or services before accepting payment for them.

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• Authors: Mirande Valbrune, Renee De Assis
• Publisher/website: OpenStax
• Book title: Business Law I Essentials
• Publication date: Sep 27, 2019
• Location: Houston, Texas
• Book URL: https://openstax.org/books/business-law-i-essentials/pages/1-introduction
• Section URL: https://openstax.org/books/business-law-i-essentials/pages/12-1-unfair-trade-practices

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United States Business Law: Everything You Need to Know

United States business laws are relevant to the legal needs of newly created business, as well as the needs of existing businesses. 3 min read updated on February 01, 2023

United States business laws are relevant to the legal needs of newly created business, as well as the needs of existing businesses. This includes how the business interacts with other businesses, the public, its customers, and governing agencies. There are a variety of disciplines within the field of business law; some of these include tax law, intellectual property law, bankruptcy law, employment law, real estate law, etc.

Often, business law attorneys are hired for transactional work, and also to help a business avoid future litigation. When considering business law and its role within the legal system, it may be helpful to consider a business as a separate entity from the owners or employees. Businesses are subject to legal requirements in a similar way as individuals living together in society, and these rules are designed to give all participants a fair opportunity within the market.

Business Formation

Business formation involves the steps a new business must take to obey business laws. In this area, a common request for business law attorneys involves the preparation and filing of documentation surrounding the formation of a new entity. Some clients may need additional assistance, such as selecting the type of business entity that is the best fit for their company. There are quite a few types of business entities to choose from, and the appropriate type is dependent upon a variety of factors. The most common entity types include:

• Sole Proprietorship
• General Partnership
• Limited Partnership
• Limited Liability Partnership (LLP)
• Limited Liability Limited Partnership (LLLP)
• Corporation
• Nonprofit Corporation
• Limited Liability Company (LLC)

The purpose of most business entities, with the exception of a sole proprietorship or general partnership, is to shield the business owner from personal liability for incidents related to the business. A business law attorney can work with the business to achieve this goal by setting up and further customizing the business entity to meet the specific needs of the business.

Internal Agreements

Internal agreements are another responsibility a business law attorney may have during the formation of a new business. An internal agreement will need to be drafted in order to determine how the business will be managed. One example is an operating agreement for an LLC. An operating agreement governs how the profits and losses will be shared among the partners, how vital businesses decisions will be decided, and how ownership rights may be transferred. Due to the vital nature of this type of document, it must be drafted with extreme caution.

Navigating Complex Transactions

Some business owners may feel comfortable handling certain business transactions on their own. However, more complex transactions, such as internet commerce transactions or securities regulations, may be too complicated without an attorney. When businesses are part of a heavily regulated industry, they typically rely on in-house counsel or contract attorneys to provide assistance or advice regarding recent legal developments within their industry that may have an impact on their business. Generally, lawyers can provide valuable insight into these transactions due to their legal training and background, as well as their objective nature. Attorneys may be more likely to realize issues overlooked by the business owners, since the owners may be too emotionally invested.

Preemptive Measures to Avoid Litigation

Practicing attorneys in the field of business law are expected to be experts at constructing legal transactions that reduce a company's exposure to litigation. There are rules and regulations for businesses to follow before a dispute may occur, and by maneuvering these laws effectively, an attorney can greatly reduce business expenses. One example of these preemptive measures is an attorney who is hired to draft customer agreements. Including certain requirements in a customer agreement, such as requiring customers to follow specific procedures for disputes or only allowing disputes to be submitted in the company's home state, will increase the competitive advantage of the company.

Hiring Legal Counsel

An important part of launching a new business or operating an existing business is to hire legal counsel. Success in many areas of business may rely greatly on the company's ability to obtain proper legal advice. Business law attorneys are able to assist in a variety of areas, including purchase agreements, sales agreements, mergers, and acquisitions.

If you need help with United States business laws, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Hire the top business lawyers and save up to 60% on legal fees

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• Business Law
• Business Entity Definition
• Small Business Formation
• Legal Business Entity
• Define the Term Business Ownership: What You Need to Know
• How to Start a Business: A Comprehensive Guide for Entrepreneurs
• Legal Form of Organization in Business Plan
• Legal Issues in Starting a Business
• Types of Companies LLC
• What Is a Business Entity Owner

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What Is a Misrepresentation?

• How It Works

Special Considerations

• How to Prove It

The Bottom Line

• Financial Crime & Fraud
• Definitions M - Z

What Is Misrepresentation? Types and How It Works

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

Investopedia / Hilary Allison

A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract.

If the misrepresentation is discovered, the contract can be declared void. Depending on the situation, the adversely impacted party may seek damages. In this type of contract dispute, the party that is accused of making the misrepresentation is the defendant, and the party making the claim is the plaintiff.

Key Takeaways

• Misrepresentations are false statements of truth that affect another party's decision related to a contract.
• Such false statements can void a contract and in some cases, allow the other party to seek damages.
• Misrepresentation is a basis of contract breach in transactions, no matter the size, but applies only to statements of fact, not to opinions or predictions.
• There are three types of misrepresentations—innocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentation—all of which have varying remedies.

How Misrepresentation Works

Misrepresentation applies only to statements of fact, not to opinions or predictions. Misrepresentation is a basis for contract breach in transactions, no matter the size.

A seller of a car in a private transaction could misrepresent the number of miles to a prospective buyer, which could cause the person to purchase the car. If the buyer later finds out that the car had much more wear and tear than represented, they can file a suit against the seller.

In higher stakes situations, a misrepresentation can be considered an event of default by a lender, for instance, in a credit agreement. Meanwhile, misrepresentations can be grounds for termination of a mergers and acquisitions (M&A) deal, in which case a substantial break fee could apply.

In some situations, such as where a fiduciary relationship is involved, misrepresentation can occur by omission. That is, misrepresentation may occur when a fiduciary fails to disclose material facts of which they have knowledge.

A duty also exists to correct any statements of fact that later become known to be untrue. In this case, the failure to correct a previous false statement would be a misrepresentation.

Types of Misrepresentations

There are three types of misrepresentations.

• Innocent misrepresentation is a false statement of material fact by the defendant, who was unaware at the time of contract signing that the statement was untrue. The remedy in this situation is usually rescission or cancellation of the contract.
• Negligent misrepresentation is a statement that the defendant did not attempt to verify was true before executing a contract. This is a violation of the concept of "reasonable care" that a party must undertake before entering an agreement. The remedy for negligent misrepresentation is contract rescission and possibly damages.
• Fraudulent misrepresentation is a statement that the defendant made knowing it was false or that the defendant made recklessly to induce the other party to enter a contract. The injured party can seek to void the contract and to recover damages from the defendant.

How to Prove Misrepresentation

In order to recover damages due to misrepresentation, there are six legal bars for the plaintiff to overcome. The plaintiff must be able to show that:

• A representation was made.
• The representation was false.
• The defendant knew at the time that the representation was false, or recklessly made the statement without knowledge of its truth.
• The representation was made with the intention that the plaintiff would rely on it.
• The plaintiff did rely on the false representation.
• The plaintiff suffered harm by relying on the false representation.

All six of these requirements must be met in order for a plaintiff to win a case for misrepresentation. A defendant in one of these cases need not disprove all six of these claims.

Example of Misrepresentation

In 2022, Tesla CEO Elon Musk offered to purchase X platform (formerly Twitter) for $43 billion, an offer which the company at first resisted and then accepted. A few weeks later, and after a substantial fall in the company's share price, Musk attempted to back out of the deal, claiming that X misrepresented the number of human users on the platform.

According to his termination letter, Musk alleged that the company knowingly misrepresented the number of live users on its platform and that he had relied on those false representations when he made his takeover offer. In response, the social media company claimed that Musk's allegations were "factually inaccurate" and that the billionaire was simply trying to back out of the merger that he himself had initiated.

What Is a Material Misrepresentation?

A material misrepresentation is a promise, false statement, or omission of facts that would cause another party to act differently if the whole truth were known. An example of a material misrepresentation is incorrectly stating one's income on a mortgage application or omitting key risk factors on an application for insurance coverage.

What Is Misrepresentation in Insurance?

In insurance, a misrepresentation is a lie or concealment of facts that can void an insurance contract if the insurer discovers the misrepresentation. For example, if a homeowner installs a pool but tells their insurer that they do not have a pool, the insurer may be able to void the policy if they discover the misrepresentation.

What Is Misrepresentation in Real Estate?

In real estate, misrepresentation is a lie or reckless untruth that affects the market value of a home or property. A common example of this is misrepresenting the square footage of a property. Since sales prices are often based on square footage, a buyer can often sue for misrepresentation even after a purchase is finalized.

Misrepresentation is a legal term for any type of falsehood or omission of fact that affects the behavior of a contractor or other party. Contrary to popular belief, misrepresentation does not just mean deliberate lies—it can also include accidental omissions or reckless statements without certainty of the facts. Misrepresentation can void a contract and in some cases allow the misled party to seek damages.

Cornell Law School, Legal Information Institute. " Misrepresentation ."

Campbell Law Review. " Fraudulent, Negligent, and Innocent Misrepresentation in the Employment Context: The Deceitful, Careless, and Thoughtless Employer ," Pages 61-62.

University of North Caroline, School of Government. " N.C.P.I.—Civil 800.10: Negligent Misrepresentation, General Civil Volume, March 2020 ."

Cornell Law School, Legal Information Institute. " Fraudulent Misrepresentation ."

Legal Information Institute. " Fraudulent Misrepresentation ."

The Hill. " Twitter Slams Musk Countersuit: 'Factually Inaccurate, Legally Insufficient, and Commercially Irrelevant .'"

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Legal Representative | Definition, Types & Examples

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Table of Contents

What is a legal representative, right to legal representation, types of legal representation, importance of effective legal representation, legal rights guaranteeing just legal representation, legal representative examples, lesson summary, is a parent a legal representative.

A parent can be a legal representative for a minor dependent in certain legal proceedings. In most cases, the parent is the legal guardian and can represent their dependent, but in more serious cases, lawyers will be hired.

Who is considered a legal representative?

A legal representative is anyone who is authorized to represent a client in a legal proceeding. Usually, they go by the names of counselor, attorney, or lawyer.

What is the role of a legal representative?

A legal representative's role is to defend their client in the court proceedings. A legal representative also helps their client in legal proceedings outside of the courtroom.

Is a representative a lawyer?

A representative can be a lawyer or another litigant authorized to represent someone in a court of law. Lawyers are the most typical representative because the government and courts authorize them to represent clients.

What is a legal representative? The legal representative definition in the U.S. system of law is a person who is an expert in law that represents the accused as a Constitutional right. Any person accused of an offense, crime, or through a civil suit in a court of law has the right to hire an expert in legal matters to represent them and guide them through the court process. The legal representative meaning is any person given legal authority by the judicial system to represent another person in the court process. There are many types of legal representation that clients can choose to represent them in the court of law. Effective representation is also an important right that an accused person has in trials. There are numerous examples where a person may need an attorney to represent their interests even outside of traditional settings.

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In criminal cases, the accused person has a right to legal representation. When the accused person cannot afford to pay for legal representation, the government has the Constitutional requirement to mandate or hire a legal representative for the accused person. Lawyer representation is guaranteed for all citizens as described in the U.S. Constitution in the Sixth Amendment . The Sixth Amendment states: In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.

There are different types of legal representation, including limited scope representation, full-service representation, ghostwriting representation, and finally, fixed-rate representation. Each type has its merits and demerits.

• Scope representation - Also known as limited scope , this occurs when there are segmented parts of a case. A client and lawyer enter into a contract stating that the lawyer will represent the client for parts of the case. This can be a cost-saving strategy but does prevent clients from full legal representation through the legal process and puts them on their own for certain parts.
• Full-service representation - The traditional approach for clients is to sign on for legal representation full-time. This is the most expensive legal representative service where a client pays for an attorney full-time, and the lawyers handle the case from start to finish.
• Ghostwriting representation - A client will pay for an attorney to do research or prepare documents, but the lawyer does not publicly place their name on any official documentation.
• Fixed-rate representation - Fixed rate is also known as flat rate , and this is where a client pays a set fee upfront to cover all legal work during a court case.

The right to representation is important, but the quality of the lawyer and their effort during the legal proceedings is important too. Having an effective lawyer representation or effective counsel is also part of the accused's rights. The defendant needs a lawyer or an attorney who will prove their innocence in a court of law or negotiate leniency when they get convicted. One of the largest rights for legal representation is that it is effective, meaning that the lawyer has to genuinely try to fight for the case. If the attorney does not provide effective counsel, they could be pulled off the case, a new attorney appointed, and the case retried.

The rights to legal representation include the right to hire one's lawyer, the right to a lawyer even when someone cannot afford one, the right for pro se representation, and the right to a lawyer.

• Right to hire a lawyer - A defendant in any criminal and civil case can choose any lawyer they wish to hire. They can fire and hire as many attorneys as they wish.
• Right to a lawyer even when someone cannot afford one - The court or the government appoints a lawyer if someone cannot afford one.
• Right for Pro Se-Representation - The right to self-representation, which means one does not have to have an attorney. A person can argue their own case in court.
• Right to a lawyer - Every defendant is guaranteed the right to an attorney. But even more important is that the lawyer must prove to be competent and defend their client to the best of their ability.

There are many needs for clients to hire legal representation. Traditionally clients hire lawyers to represent them in trials in the court process. But there are other areas in which a person may need legal representation. Common legal representative examples in various cases are:

• Criminal court trials
• Administrator of an estate
• A guardian of dependents
• A custodian attorney who looks over financial assets until terms are met
• A trustee of a financial trust
• Litigant in a civil defendant case

In the U.S. judicial system, legal representation is a scenario where a person who has been accused of an offense, either in civil or criminal cases, in a court of law needs an expert in legal matters to represent them and guide them through the court process. A legal representative is a person who is given the authority to represent another person in a court of law or a court process. The Sixth Amendment in the U.S. Constitution grants the right of an attorney to any accused person in any legal proceeding. If a person cannot afford an attorney, the U.S. government or the court will grant an attorney to them.

There are four main types of legal representation clients can use, and each one has its advantages and disadvantages:

• Limited scope representation: A client and lawyer enter into a contract stating that the lawyer will represent the client for parts of the case.
• Full-service representation: The traditional approach for clients to sign legal representation full-time.
• Ghostwriting representation: A client will pay for an attorney to do research or prepare documents, but the lawyer does not publicly place their name on any official documentation.
• Fixed rate representation: A client pays a set fee upfront to cover all legal work during a court case.

One of the largest rights for legal representation is that it is effective, meaning that the lawyer has to genuinely try to fight for your case. If the attorney does not provide effective counsel, they could be pulled off the case, a new attorney appointed, and the case retried. The right for a person to deny an attorney and represent themselves in court is called pro se representation.

Legal Representation

Let's say you end up getting accused of a crime, which you did not commit. However, now you are facing the fact that you need some sort of legal representation to assist you in court. Since court proceedings, legal terminology, and legal processes can be extremely confusing, it is important for you to have a lawyer or attorney to help navigate this process for you. This is what legal representation is. Essentially, legal representation refers to the whole process from start to finish in a lawyer fighting for you in court.

The United States Constitution specifically states in the 6th Amendment that people deserve ''to have the assistance of counsel for his defense.'' This means that in court if someone is accused of a crime, even if they cannot pay for an attorney, an attorney still has to take on the case and effectively argue for their client. The attorney is appointed and paid for by the government if the defendant does not have the ability to pay for the lawyer themselves. Due to the 6th amendment, there are several inalienable rights.

Legal Rights

Since defendants are required to be given the choice of legal representation, other rules have been put in place to make sure the representation is just.

• Right to Hire Their Own Lawyer : This right means that if the defendant has the money and inclination they can hire their own attorney. They do not have to take a court appointed attorney.
• Right to a Lawyer : Secondly, defendants have the right to have a lawyer even if they cannot pay for the lawyer.
• Right to an Effective Attorney : This actually covers two aspects. The first is, someone has the right to a lawyer who is peaceable and helpful. So if an attorney ends up being aggressive and argumentative, then the defendant has the right to find or ask for another lawyer. Additionally, every person has a right to have a lawyer who is going to represent them. This means that the lawyer cannot do a bad job on purpose, in hopes of getting their client convicted.
• Right for Pro Se Representation : Pro Se representation is the right to represent oneself in course without an attorney. Although many lawyers and judges do not suggest going to court without some form of legal representation, a defendant can go to court proceedings and argue their own case.

The Importance of Effective Representation

Although all of the rights stated above are important, the most intrinsic right is to have effective counsel. The reason why is because this right alone can get a defendant convicted or not convicted of a crime. Lawyers, who do not do their jobs and fight for their clients, are negligent, and this negligence can send people to prison. Additionally, the negligence can also get court cases overturned and new trials set.

If a defendant can show that their attorney did not successfully investigate the crime, do the leg work to find witnesses, address and file the paperwork needed, and represent the defendant in court by objecting to slander or fraudulent evidence; then they can get a new trial date and be retried for the crime. The new trial will also come with a new legal counsel to assist the defendant in the case.

Legal representation is the process of representing a defendant in court and the time, projects, and investigation that is involved. According to the 6th Amendment of the Constitution of the United States, everyone has the right to an attorney. However, not only do they have a right for legal representation, but the representation also has to be fair and just, peaceable, effective, and paid for if they cannot afford it themselves. Additionally, if a defendant does not want an attorney, they also have the right to represent themselves in court.

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Immigration Experts Kurucuk & Associates Law Firm Provides Top-Tier, English-Speaking Legal Representation in Istanbul, Turkey

The experienced team at Kurucuk & Associates Law Firm offers customized, English-speaking legal services, specializing in immigration law and numerous other fields. Whatever a client’s legal needs, the skilled staff is dedicated to providing comprehensive guidance and representation.

Turkey - May 30, 2024 —

Kurucuk & Associates Law Firm has been at the forefront of legal excellence in Istanbul, Turkey, since 2014. The team includes expert lawyers in multiple legal fields, including immigration, business, family, and intellectual property law. The English-speaking firm caters to a diverse clientele with clear communication and personalized solutions.

“Our commitment to excellence is unwavering, and our holistic approach ensures that every client's unique legal needs are met with precision,” the firm’s founders said. 

The team is devoted to delivering unparalleled legal representation to individuals, businesses, investors, and entrepreneurs locally and internationally. The firm is situated in Istanbul's financial hub and offers comprehensive services with a personalized approach. 

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Kurucuk & Associates Law Firm employs a team of seasoned lawyers and legal professionals devoted to serving clients with premium, English-speaking services. The multilingual team offers expertise in various facets of Turkish law with round-the-clock support. 

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The skilled team at Kurucuk & Associates Law Firm is dedicated to providing versatile and personalized comprehensive legal services with years of experience in a wide range of Turkish legal practice areas. The firm has the expertise to provide reliable legal guidance and representation to its clients. It offers a day-to-day legal advice package tailored to the needs of foreign companies and individuals looking to do business or invest in Turkey.

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More Black Women Ascend to Appellate Courts, While Men Stall (1)

By Tiana Headley

The presence of Black men serving as active judges on the federal appellate courts has stalled in the past 10 years, even as President Joe Biden has prioritized demographic diversity in his judicial nominations and almost doubled the number of Black women on the circuit courts.

Several Black male appellate judges have assumed a form of semi-retirement or entirely left the bench under Biden, who’s appointed one Black man and 13 Black women to the circuit courts after four years in which President Donald Trump appointed no Black appellate judges.

While greater representation of Black women in the appellate ranks is long overdue, something is “absolutely” lost by not having more Black men, said Andre Davis, the second Black man to serve on the US Court of Appeals for the Fourth Circuit.

“When you have a Black man in the room with those other two judges, it’s a dynamic that is very critical to fair and impartial justice and the correct outcome of cases,” said Davis, who took senior status in 2014 and retired in 2017.

Stagnated Representation

There are 13 Black women active judges on the 179-member appeals bench compared to 11 men, according to Federal Judicial Center data. The appointment of Black men to the US circuit courts has stagnated in the past decade.

Biden appointed one Black male circuit judge—Andre Mathis to a Tennessee vacancy on the Sixth Circuit. A second attempt stalled when the nomination of federal prosecutor Jabari Wamble to a Kansas seat on the Tenth Circuit didn’t advance. Wamble subsequently withdrew his nomination to a federal trial court.

In May, Biden nominated US magistrate Judge Embry Kidd to a Florida seat on the Eleventh Circuit. Kidd, who is scheduled to appear Wednesday at his Senate Judiciary Committee confirmation hearing, would replace Charles Wilson, the second Black judge to serve on the Deep South bench. Wilson himself was appointed to the seat vacated by the first Black man on the court, Joseph Hatchett.

Prior to Mathis’ appointment, the last Black male appellate appointee was DC Circuit Judge Robert Wilkins, who was nominated by President Barack Obama.

Meanwhile, two Black male appellate judges have already entirely left the bench, including Joseph Greenaway Jr. of the Third Circuit, who joined Arnold & Porter, and Paul Watford of the Ninth Circuit, who left for Wilson Sonsini Goodrich & Rosati. Two more have taken senior status, a form of semi-retirement that allows for a lighter workload: Theodore McKee of the Third Circuit and R. Guy Cole Jr. of the Sixth Circuit.

James Andrew Wynn of the Fourth Circuit and Charles Wilson of the Eleventh Circuit have also announced plans to take senior status.

Fourth Circuit judges Roger Gregory and Eric Clay, and Fifth Circuit judges James Earl Graves and Carl Stewart are among a pool of Bill Clinton, George W. Bush, and Obama appointees who’ve been eligible for senior status under Biden but have held onto their seats . Gregory is the first Black judge to ever serve on the Virginia-based Fourth Circuit. Stewart is the second Black judge to be appointed to the Louisiana-based Fifth Circuit.

The reasons why judges remain active often aren’t public , although the prestige and intellectual challenge often keep life-tenured judges on the bench long past when they’re eligible to retire.

At least one federal judge has been explicit about their desire to be replaced by a nominee of a similar background. When Biden announced plans to nominate Detra Shaw-Wilder to fill a seat on the US District Court for the Southern District of Florida, Rep. Frederica Wilson (D-Fla.) said in a release that her predecessor Marcia Cooke’s “dying wish” was that she be replaced by a Black woman.

WATCH: An examination of why this district court in Georgia has never had a non-White judge.

Leveling the Field

Davis said he doesn’t believe that the Biden administration has “consciously or intentionally sought out Black women to the exclusion of Black men.”

The former Baltimore-based appellate judge pointed to a history in which presidents were more likely to appoint Black men than Black women to the federal bench.

Between 66% and 100% of Black judges appointed by each president to circuit courts between 1989 and 2016 were men, according to Federal Judicial Center statistics.

Earning a legal education and jobs in the law’s most prestigious career paths have historically been inaccessible or limited for Black people. But as those doors slowly opened following the civil rights movement and the advent of affirmative action policies, Black men were more likely to benefit from these societal shifts than Black women.

“Black women, like in so many other economic, cultural, financial phenomena, were always the last in line,” Davis said.

That means that Black men, compared to Black women, have had more time and opportunities to develop the professional backgrounds necessary to be appointed to the federal courts, said Taneisha Means, a Vassar College political science professor who researches the experiences of Black judges.

With years of continued progress, there are now more than enough Black women in the legal profession—from state court judges to prosecutors and public interest lawyers—for presidents such as Biden to consider when filling historic gaps in the federal judiciary.

Of Biden’s 14 Black circuit court appointments, 92% have been women. That includes Ketanji Brown Jackson, whom Biden appointed to the D.C. Circuit before elevating her to the Supreme Court.

“They have gone through and checked all of the necessary boxes,” Means said. “It’s not surprising to me that we see this rise of Black women because now they’ve been given the opportunity to do what they wanted to do all along.”

The White House didn’t respond to a request for comment on the representation of Black men on circuit courts.

What’s Missing

Biden’s premium on appointing those historically underrepresented in the judiciary means that some groups are being appointed less often than they historically have been, Means said. There are only so many court vacancies a president has to work with during their time in office.

Nonetheless, Black men bring unique experiences to the panels upon which they deliberate with other judges when presiding over appealed cases, Davis said.

“It’s very important to have that Black man’s voice in that room, which is not to say that all Black men are the same, of course. Nobody would ever make such a ridiculous statement,” Davis said. “But there is something that is missing when you don’t have that.”

The implications of the identities of circuit judges on the work they do are well-documented.

For example, studies have found that Black appellate judges are more likely than non-Black judges to support affirmative action programs , and have also been found to vote in favor of voting rights plaintiffs more often than White judges.

The racial and gender identities of the judges that sit on a given three-judge circuit panel also impacts how opinions are written—especially in cases salient to the judges’ backgrounds. One study found that compared to all-White panels, the presence of a non-White judge changes the vocabulary of opinions related to abortion, sex discrimination, capital punishment, and especially Title VII race cases.

Davis, who served 14 years as a Maryland US trial judge and eight years as an active and senior judge on the Fourth Circuit, said his lived experience as a Black man born and raised in Baltimore contributed to his deliberations with other judges on the appellate court and the lens through which he analyzed the facts in some cases.

Davis had never met Tony Gregg, a Richmond man who was convicted of drug related offenses that mandated life imprisonment under federal sentencing guidelines. Gregg appealed his conviction to the Fourth Circuit.

But the facts of Gregg’s life, marked by familial abuse, housing instability, and suicide attempts, were familiar to what Davis had witnessed while growing up in Baltimore.

“I’d never met him, but I knew who he was,” Davis said.

Then-Judge Davis penned a concurrence in the case that lambasted mandatory sentencing guidelines and the “devastating” impact of mass incarceration on communities of color.

“It was important to me that my voice be used in a way that hopefully educated and brought light to injustice,” Davis said.

To contact the reporter on this story: Tiana Headley at [email protected]

To contact the editors responsible for this story: Seth Stern at [email protected] ; John Crawley at [email protected]

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BDIW Law Firm Expands to Stillwater, OK, Offering Compassionate Personal Injury Representation

BDIW Law’s new office in Stillwater, OK, brings compassionate personal injury representation closer to home, ensuring residents receive expert legal support during their most challenging times.

Stillwater, OK, June 5, 2024 — BDIW Law, a respected name in personal injury law, is proud to announce the opening of its newest office in Stillwater, Oklahoma. This expansion strengthens the firm’s ongoing commitment to serving clients across the state, providing accessible and effective legal representation to those facing injury and its aftermath.

BDIW Law has long been recognized for its compassionate approach and personalized legal services. The opening of the new office in Stillwater will improve the firm’s ability to assist local clients and guarantee that individuals needing expert legal counsel can easily access the team’s wealth of resources and experience.

“We are thrilled to bring our experience and commitment to client advocacy to the Stillwater community,” says Brad Wicker, a partner at BDIW Law. “We understand the significant challenges faced by those who have suffered serious injuries, and we are dedicated to helping them navigate the legal system and achieve the compensation they deserve.”

BDIW Law has a long history of success, with over 65 years of combined legal experience among its team members. The firm is known for its personalized approach, working closely with each client to understand their unique situation and develop a customized legal strategy.

“At BDIW Law, we are more than just attorneys,” says Derek Ingle, a partner at BDIW Law. “We are committed advocates who understand the physical, emotional, and financial impact of a serious injury. We are here to support our clients throughout the legal process, ensuring they receive the best possible outcome.”

The  Elder Abuse Lawyer Stillwater  specializes in various cases, including motor vehicle accidents, workers’ compensation claims, social security disability, employment law, and more. Their deep understanding of these areas ensures clients receive comprehensive and effective legal representation.

BDIW Law’s Truck Accident Lawyer Stillwater team is known for their courtroom prowess and personalized client care. Unlike many high-volume firms that quickly settle cases, BDIW Law is prepared to litigate vigorously to achieve the best outcomes for its clients. This dedication has resulted in successful verdicts and settlements and heightened safety and awareness within the community.

“Our expansion into Stillwater is a testament to our dedication to the people of Oklahoma,” adds James Devinney, a seasoned workers’ compensation lawyer at BDIW Law. “We’re not just here to win cases; we’re here to make our community safer by holding negligent parties accountable.”

BDIW Law’s dedication extends beyond the courtroom. The firm actively participates in community service, supporting various organizations that assist injured workers and other vulnerable groups. Their comprehensive approach to legal advocacy and community involvement underscores their commitment to making a difference both legally and socially.

Contact a Personal Injury Lawyer Stillwater from BDIW Law and let them review your case.

About BDIW Law:

BDIW Law (Boettcher, Devinney, Ingle & Wicker) is a personal injury law firm dedicated to providing compassionate and effective legal representation to clients throughout Oklahoma. With over 65 years of combined legal experience, the firm’s experienced attorneys specialize in various practice areas, including car accidents, workers’ compensation, social security disability, and employment law. The firm serves clients in Ponca City, Tulsa, Edmond, and Stillwater, OK.

Contact Information:

Organization: BDIW Law

Contact Person: Brad Wicker

Phone Number: 405-707-9660

Address: 711 South Duck Street, Stillwater, 74074, OK

Website: https://www.boettcherlawoffice.com/

Originally posted On: https://syndication.cloud/bdiw-law-firm-expands-to-stillwater-ok-offering-compassionate-personal-injury-representation/

Pedram Law Provides Empathetic, Expert Representation for Personal Injury Cases

Pedram Law, a leading personal injury law firm with offices in Beverly Hills and Riverside, California, continues to uphold its reputation for delivering expert legal representation rooted in a deep understanding of personal injury law and a commitment to client welfare. With more than 20 years of experience in the industry, the firm provides critical support to clients navigating personal injury cases.

Pedram Law specializes in handling sensitive cases such as wrongful deaths and severe injuries. Their approach is marked by an exceptional level of empathy and sensitivity, understanding the impact these cases have on individuals and their families. This empathy stems not only from their professional experience but also from personal encounters with trauma.

“What sets us apart from other law firms is that we understand how traumatic a personal injury case can be and can empathize with our clients because we have been through it too,” says Attorney Nima Pedram, founding partner of Pedram Law.

Experiencing a personal injury case can be profoundly challenging. The aftermath can include physical pain, emotional trauma, and financial uncertainty. Victims may face extensive medical treatments, loss of income, and significant lifestyle changes, all while trying to understand and engage with complex legal processes. Having an empathetic approach from a legal team can make a significant difference.

The Pedram Law team prioritizes the emotional well-being of their clients, offering compassionate support alongside their legal services. By genuinely approaching each case with sensitivity, the firm creates a supportive environment where clients feel heard and understood.

Their proficiency in legal research, strategic case planning, and persuasive advocacy enables them to effectively navigate the legal system and achieve favorable outcomes. Each attorney brings meticulous attention to detail and a commitment to staying abreast of the latest legal developments. This high level of skill and dedication allows Pedram Law to deliver tailored and effective representation for each client.

Moreover, they provide free consultations to assess the merits of each case and offer guidance without any financial burden. Pedram Law also operates on a contingency fee basis, meaning clients only pay if the firm successfully wins their case. This client-first approach ensures that everyone has access to quality legal representation, regardless of their financial situation.

Pedram Law’s success is reflected in its impressive track record of verdicts and settlements. They have recovered millions of dollars in compensation for their clients, helping them to rebuild their lives after suffering significant losses.

For more information, please visit  https://pedramlaw.com .

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