What are Conflicts of Interest?

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What are Conflicts of Interest?

When a potential client contacts Davis, Upton & Palumbo, LLC, the first thing we do is preform a conflict of interest check. An attorney can not represent  someone if  a conflict of interest exists.

Why are Conflict Checks Performed?

A conflict exists when a legal representation of one client is directly adverse to the representation of another client. It also exits if there is significant risk that the representation of one or more clients will be substantially limited by the attorneys responsibilities to a former client, current client, third party or the attorneys own personal interest.

Example

A very common example of a conflict of interest is when two spouses are seeking a divorce. We can not represent both husband and wife, each will have to have separate representation from different firms.

At Davis, Upton & Palumbo LLC, our Mission is to Exceed Your Expectations in all that we do. Our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law. If you’d like to learn more about our practice areas click here or contact us today!

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What are the Different Types of Fees and Payment Methods?

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In this video, Dave will explain how Davis, Upton & Palumbo, LLC charges clients based on the type of matter they have.

Civil Litigation– Clients will be charged on a hourly rate basis and a retainer deposit will be expected up front. Once the firm collects the retainer fee it will be deposited into an escrow account where it will stay until the matter is complete. The amount in escrow will go towards the remainder of the balance. While the matter is open the client will receive monthly invoices from the firm setting forth the work that was done, the attorney who completed that work and the amount of time that was spent.

Personal Injury- This type of matter will run on a contingency fee basis. The Davis, Upton & Palumbo fee is a percentage of the recovery in which we achieve for the client. If the matter settles prior to the commencement of litigation the flat fee will be 1% and if litigation is commenced it may be a higher percentage. In all cases the percentage fee will be agreed upon at the time the representation commences.

Criminal – If you have a criminal matter you will be billed on a flat fee. The fee for the full representation will be a set amount and agreed to in the beginning of representation.

At Davis, Upton & Palumbo LLC, we are a general practice law firm that has the resources and capabilities to handle a wide variety of legal matters. From criminal, traffic or DWI charges to complex commercial transactions, our attorneys have the experience and knowledge to serve you. To learn more about our practice areas click here or contact us today.

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Why do you Need an Employee Handbook?

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An employee handbook is given to employees by the employer to communicate the organization culture, mission, and values. Creating an employee handbook can seem like a daunting task, fortunately, many benefits come from having one. All employee handbooks should be customized to fit your organization and how you conduct business. Copying another employer’s handbook or one you find online can cause more harm than good.

Benefits of an Employee Handbook
  1. Communicates what is expected of an employee. For example, what are the procedures are for requesting time off, who should they go to if they have a question or complaint and what are the responsibilities of employees.
  2. Demonstrates what an employee can expect from management/leadership, everyone will be treated equally.
  3. Sells the employer, this refers to any benefits you are offered. This includes vacation time, 401K and health insurance.
  4. Communicates compliance with federal and state laws. The policy should include anti-discrimination, anti-harassment provisions. This demonstrates to the employee that the employer is attempting to comply.
  5. Help defends against employee claims. This shows the organization exercised “reasonable care” towards the employees.

In conclusion, At Davis, Upton & Palumbo, LLC we are committed to business in Southern Maryland. We advise and act for clients at all stages of the business lifecycle.To learn more about our Corporate & Business practice area click here or contact us today!

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What is the FIT Program?

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What is the FIT Program?

Stephanie Noronha explains the FIT program or Families In Transition program. In cases that involve custody disputes, the court will typically order the parents to attend a FIT program.

FIT program purpose

 

The FIT program is designed to teach parents the emotional stress that their children sometimes go through as they during a separation and divorce. This can help parents to better understand the experience of their children. Also, these programs teach a lot of helpful skills. For example, the FIT program focuses on improving communication skills between the parents.

Mediation

In addition, the court will order the parties to attend mediation. The court will appoint a court mediator and the parties will be required to attend sessions with the mediator.  The parties are required to make a good faith effort to work with each other to try to reach an agreement on custody. If they do reach an agreement, they will have the agreement put in writing, executed and submitted to the court.

In conclusion At Davis, Upton & Palumbo LLC, we are experienced with custody and family law matters. We understand the need to counsel and advise you on the best possible course of action for your unique situation.To learn more about our Family Law services click here or contact us today!

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What is a Plea Bargain?

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What is a Plea Bargain?

Mark Palumbo explains that criminal cases often end with a plea bargain. A plea bargain is a negotiation with your attorney and the State’s Attorneys Office to determine what is an appropriate charge that the defendant will plead guilty to.

Example:

Often times there will be multiple charges in a case. An common example of a situation with more than one charge is in a DWI or driving while intoxicated case. If you are charged with a DWI you will most likely be charged with driving under the influence, driving while impaired and a series of non-jailable charges.

Mark Palumbo recommends to his clients that if you are going to plead guilty to the worst charge then you might as well go to trial. In most cases, the state will negotiate with you to plead to a lesser offense which leads to a lesser penalty and perhaps even a smaller fine. In the end, the plea bargain will be a negotiation where the defense attorney and the State’s Attorney can both agree upon the final charges.

At Davis, Upton & Palumbo LLC, you can depend on us to get the best outcome possible in your case. If we proceed to trial, you can be certain that we will use our experience and skill to defend you vigorously. If you’d like to learn more about our Criminal Defense practice area click here or contact us today!

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What is an Abstract of Title?

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What is an Abstract of Title?

A title abstract is a report of the history of the ownership of a piece of real property. The title abstract contains various documents such as deeds, deeds of trust/mortgages, judgments, liens, and encumbrances. Generally, these documents are public record and are recorded in the land records where the property is located. When someone purchases  real estate, it is always recommended that they examine the history of the property. A review of this history will determine, among other things, whether the seller of the property in fact owns the property and determines whether title is free and clear.

When do you need a Title Abstract?

When you are purchasing a piece of real property, it is important to order a title abstract of the property to ensure there is clear title and to reveal any potential issues. Your mortgage company or lender will often require an abstract of title so they can be sure their interest in the land is protected.

In conclusion, our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law..If you would like to learn more about our Real Estate practice area click here or contact us today!

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