In the legal system, not all crimes are treated equally. Misdemeanors are often less severe than felonies, but they still carry consequences that can impact a person’s life in various ways. Misdemeanors are divided into several categories, with each type determining the severity of the penalty. One important distinction of misdemeanors is that between normal misdemeanors, petty misdemeanors, and gross misdemeanors. If you have been charged with a misdemeanor and are in need of legal assistance, contact a misdemeanor lawyer today.

Normal Misdemeanors

A normal misdemeanor, sometimes referred to simply as a misdemeanor, is the most common type in the category. These offenses generally involve acts that are unlawful but not severe enough to be considered felonies. Common examples include simple assault, minor theft, or vandalism.

In most states, a person convicted of a normal misdemeanor can face penalties such as fines, community service, probation, or short jail sentences (typically less than a year). The exact punishment can vary depending on the jurisdiction, the nature of the offense, and whether the person has prior convictions

While not as serious as gross misdemeanors, normal misdemeanors can still result in a criminal record. This can have long-term consequences, including difficulties with employment or housing. If you’ve been charged with a normal misdemeanor, an experienced criminal defense attorney can help you understand your charges, the potential penalties you are facing, and how best to move forward with your defense.

Petty Misdemeanors

Petty misdemeanors are the least serious category of misdemeanors. In some states, they may not even be considered crimes but rather civil offenses. These minor infractions typically result in fines and do not carry jail time.

Examples of petty misdemeanors can include minor traffic violations, littering, or disorderly conduct. Although the penalties are light, a petty misdemeanor can still be a hassle. Accumulating several petty misdemeanors can lead to larger legal issues, including potential increases in fines or penalties for future violations.

Because petty misdemeanors often don’t lead to criminal records, people might be tempted to handle them on their own. However, receiving professional, dedicated legal advice can help ensure that these minor offenses don’t escalate into bigger problems down the road.

Gross Misdemeanors

Gross misdemeanors are more serious than normal misdemeanors but less severe than felonies. These offenses can include more significant acts of theft, driving while intoxicated (DWI), or certain types of domestic violence charges. In many states, gross misdemeanors are punishable by up to one year in jail and larger fines than those associated with normal misdemeanors.

Because gross misdemeanors sit between misdemeanors and felonies, they carry a greater potential to disrupt a person’s life. A conviction could mean facing long-term probation, a criminal record, and difficulty accessing employment or professional licenses. Attorneys like our colleagues at Archambault Criminal Defense can attest to the importance of having knowledgeable representation when facing a gross misdemeanor charge, as the penalties can be life-altering and legal knowledge and experience gives you the best chance of reaching a favorable outcome.

Contact A Misdemeanor Lawyer Today

Whether an offense is categorized as a normal misdemeanor, petty misdemeanor, or gross misdemeanor, the potential consequences can be significant. Each type of misdemeanor carries different penalties and legal outcomes, making it important to understand the distinctions. For those facing misdemeanor charges, having legal guidance can make a difference in how a case is handled and its potential impact on the future. Whether you’re dealing with a minor offense or something more serious, contact an experienced lawyer today to discuss your case and determine how they can assist you as you move forward.

Additionally, if you have been wrongfully charged with a misdemeanor and injured in the process, our personal injury lawyer at Brown Kiely, LLP may be able to help you recover compensation.

Knowing Your Rights Following A Truck Accident

Being involved in a truck accident can be a life-changing event. Unlike regular car accidents, truck accidents often involve more severe injuries and greater property damage due to the size and weight of commercial trucks. If you’ve been in a truck accident, it’s important to understand your legal rights and what steps you should take next. Knowing what to do after a truck accident can make a significant difference in protecting your health and your claim for compensation.

What To Do Immediately After A Truck Accident

If you’re involved in a truck accident, your first priority should always be your safety and the safety of others. After ensuring that everyone is out of immediate danger, call emergency services right away. It’s important to get medical attention even if you don’t feel injured at the moment, as some injuries may not be immediately apparent. Additionally, having medical documentation can support your claim if you decide to pursue legal action later.

Documenting the accident scene is also crucial. Take photos of the vehicles involved, the road conditions, and any visible injuries. This evidence may prove invaluable in establishing liability later. Be sure to collect the truck driver’s name, license plate number, and their employer’s contact information, as well as contact information from any witnesses. This information will help build a stronger case if you pursue legal action.

Determining Liability In Truck Accidents

Truck accidents can involve multiple parties, making the process of determining who is responsible more complicated than in a typical car accident. Liability could fall on the truck driver, the trucking company, or even a third party responsible for maintenance or loading. Each of these parties may try to deflect blame, which is why having a knowledgeable truck accident lawyer on your side is crucial.

The Federal Motor Carrier Safety Administration (FMCSA) has specific regulations that trucking companies and drivers must follow. Violations of these regulations, such as driving beyond allowable hours or improperly maintaining a vehicle, can lead to accidents. Attorneys, like those at Mitchell & Danoff Law Firm, Inc, can attest that proving these violations may establish liability and help you receive the compensation you deserve.

Filing A Claim For Compensation

After a truck accident, you may be entitled to compensation for medical bills, lost wages, and other damages. Filing a claim involves more than simply submitting a request to the insurance company. You’ll need to prove that the truck driver or another party was responsible for the accident and that the accident directly caused your injuries and losses.

Insurance companies often try to minimize payouts, so it’s important to work with an attorney who can negotiate on your behalf. A truck accident lawyer can gather evidence, negotiate with insurance companies, and ensure that your rights are protected throughout the process.

In addition to immediate medical bills, it’s important to consider the long-term effects of your injuries. You may be entitled to compensation for future medical treatments, rehabilitation, and any permanent disability that affects your ability to work. Working with a legal team can help you account for all of these factors when seeking compensation.

Statute Of Limitations For Truck Accident Claims

Every state has a specific time limit, known as a statute of limitations, for filing personal injury claims. In South Dakota, you generally have three years from the date of the truck accident to file a lawsuit. If you fail to take legal action within this timeframe, you may lose your right to seek compensation. Therefore, it’s important to consult with an attorney soon after the accident to avoid missing critical deadlines.

How Legal Representation Can Help

Truck accident cases often require a detailed investigation into the events leading up to the crash. This might include reviewing trucking company records, analyzing data from the truck’s black box, and interviewing witnesses. Attorneys experienced in handling truck accident claims will be familiar with the necessary steps to build a strong case.

Our friends at Mitchell & Danoff Law Firm, Inc, discuss how legal representation can take the burden off accident victims, allowing them to focus on recovery. By handling negotiations and dealing with insurance companies, a lawyer can help you avoid common pitfalls and increase the likelihood of a successful outcome.

If you’ve been involved in a truck accident, it’s crucial to take action as soon as possible. Knowing your rights and understanding the legal process can help you recover the compensation you deserve. Working with a truck accident lawyer can provide the guidance you need, from gathering evidence to negotiating with insurance companies. With the right legal team on your side, you can focus on healing while they work to protect your rights and secure a fair settlement.

Understanding Duty of Care in Personal Injury Cases

If you have been the victim of a personal injury accident and are looking to collect compensation, an important concept to understand is duty of care. Our Bethesda, MD law firm can help you prove that the negligent party owed a duty of care and failed to uphold this standard, thus making you eligible for compensation. For more information on how we can assist you with your personal injury case, contact our firm today.

Did the defendant owe a duty of care?

Most personal injury cases are filed due to negligence. In order to have success in a claim, it must be proven through evidence that the defendant owed the victim a certain duty of care. An example of this is a doctor who owed a duty of care to provide a patient with a reasonable diagnosis and treatment plan, but failed to do so, which led to their harm. 

Did the defendant breach the duty of care?

Everyday scenarios can quickly turn into a personal injury situation that necessitates contacting our Bethesda, Maryland law firm. Did you slip and fall at a grocery store because a worker didn’t clean up a mess in time? Did you get into a serious accident because another driver was distracted or speeding? These are scenarios in which pursuing a personal injury lawsuit may be recommended. 

Did you incur injury or damages because of the breach?

If an accident happened but there was no financial loss, property damage, or physical injury, then there may not be enough grounds for legal action. The victim must have incurred injury or loss because of the other’s breach of duty. Depending on the circumstances, victims may be entitled to compensation for wage loss, medical bills, property damage, loss of earning potential, mental anguish, pain and suffering, punitive damages, rehabilitation, and more.

The purpose of filing a personal injury lawsuit is to compensate the victim for what they have endured. However, to successfully win a case, it must be shown that the defendant owed a duty of care to the plaintiff, had breached this duty of care, and which had then caused direct injury or loss.

Contact Our Bethesda Law Firm Today

When it comes to a law firm that is trusted, you don’t have to look further than Brown Kiely LLP. When you are here you aren’t just another client to us. Typically, people do not come to us for help when everything is going well. They come to us because they are in a difficult situation and need our legal assistance. We know you are going through a rough time and we want to help make it go as smoothly as possible. One of our goals is to help you through your legal issue so that you can get back on your feet. We care about what our clients are going through, and make every effort to solve their problems. Call us today for a complimentary consultation to learn how our team may help you too.

Defending Loved Ones Against Elder Abuse

Our Bethesda, MD law firm fights for the rights of patients in nursing homes who are unable to do so themselves. We believe nursing homes should treat all patients, regardless of age, illness, or disability, with the care and respect they deserve. So, if you believe your loved one has become a victim of elder abuse or neglect, please reach out to our law firm as soon as possible.

Understanding Nursing Home Abuse and Neglect

Nursing homes can mistreat their patients in many ways, including by abusing them or neglecting them. Abuse may manifest through emotional abuse, physical abuse, sexual abuse, neglect, and financial abuse.

While some forms of mistreatment may carry more obvious physical signs, neglect may manifest in the form of failing to properly care for an elderly person’s needs, particularly in the way of shelter, food, and water.

Reading the Signs

There are common signs that you can look for when visiting your loved one in the nursing home if you believe the staff may be abusing or neglecting them. If you witness any of these signs, please do not hesitate to contact our law firm for guidance.

• Emotional Abuse

Your loved one may begin exhibiting signs of anxiety or fearful behavior, sudden changes to their regular mood or demeanor (particularly with nursing home staff), and even a refusal to see family.

• Physical Abuse

Your loved one may have outward signs of physical abuse, like broken or fractured bones, bruises, and more frequent trips to the hospital or in-house nursing care.

• Sexual Abuse

Sexual abuse can be harder to determine if you do not look for the signs. These could be the development of a sexually transmitted infection or disease, pain in the genital area, or bleeding or bruising in the genital area.

• Neglect

Neglect often presents in the form of the resident lacking in basic necessities and noticeable malnourishment. They may also develop poor hygiene, bedsores, and the nursing home may not be giving them the medical care they need daily.

• Financial Abuse

Keeping an eye on your loved one’s finances is also incredibly important while they are residing in a nursing home. 

It is important to take note of their regular credit or debit card purchases, inquire about any missing property, and ensure they are getting the proper care and medication that they are paying for. A common example involves patients receiving an off-brand medication when they are billed for name-brand medication. If you are ever in doubt about whether your loved one is being taken advantage of financially, please consider contacting our law firm with your questions.

Contact Our Bethesda Law Firm Today

Retain an attorney as soon as possible and get your loved one to safety. An attorney from Brown Kiely LLP will walk you through Maryland’s laws on nursing homes and elder abuse to develop the best plan of action to give your loved one the compensation they deserve after abuse. To speak with one of our attorneys now, call us now.

Understanding Maryland Personal Injury Laws

Personal injuries can be life-altering events, affecting not only the victim but their loved ones as well, which is why it’s essential to work with an experienced Bethesda, MD law firm. At Brown Kiely, LLP, our team of seasoned personal injury attorneys has a deep understanding of the local legal landscape. In this guide, we will explore the critical aspects of Maryland personal injury laws and how our legal expertise can help you in your pursuit of justice.

• Personal Injury Claims

Maryland follows a system of contributory negligence when handling personal injury claims. This means that if the injured party is found to be even slightly responsible for the accident, they may be barred from recovering any damages. Understanding this complex system and working with an experienced attorney can help you in building a strong case.

• Statute Of Limitations

Maryland law imposes a specific time frame, known as the statute of limitations, within which personal injury claims must be filed. In most cases, the injured party has three years from the date of the injury to initiate legal proceedings. When you fail to meet this deadline, you risk losing the right to seek out compensation.

• Damage Caps

For personal injury cases, it’s important to recognize that there are often damage caps in Maryland. These caps vary depending on the type of injury and can significantly impact the amount of damages recoverable.

• Negligence Laws

Personal injury cases often hinge on proving negligence, which our Bethesda law firm can help with. Maryland law defines negligence as a failure to exercise the degree of care that a reasonably prudent person would under similar circumstances. Establishing negligence is crucial to a successful personal injury claim.

Types Of Personal Injury Claims In Maryland

There are many types of personal injury cases in Maryland, including auto accidents, slip and fall accidents, medical malpractice cases, product liability accidents, workplace injuries, and more.

Car accidents are among the most common causes of personal injury claims in Maryland. Property owners have a responsibility to maintain safe conditions. Slip and fall cases typically revolve around premises liability. Cases involving medical negligence can be highly complex and require a thorough understanding of Maryland’s medical malpractice laws. Manufacturers and sellers can be held liable for injuries caused by defective products. Workers’ compensation laws govern injuries sustained on the job, providing a framework for workers to seek compensation.

Contact Our Bethesda Law Firm Today

Navigating all the different personal injury laws in Maryland can be stressful. Our experienced personal injury attorneys at Brown Kiely, LLP offer a range of services to help you navigate the legal landscape with legal experience, professional investigation and documentation, passionate negotiation and litigation, and personalized support.

Our attorneys are well-versed in Maryland’s personal injury laws and can offer expert guidance throughout your case. We assist in gathering and preserving evidence, ensuring that your claim is built on a strong foundation.  Our team can handle negotiations and while most cases are settled outside the courtroom, we can take your case to trial. We recognize that personal injury cases are emotionally charged. Our attorneys provide compassionate support while tirelessly pursuing justice on your behalf.

What to Do After a Slip and Fall Accident

If you or someone you know has been injured in a slip and fall accident, taking certain steps will be crucial in pursuing compensation for injuries and other losses. As our Bethesda, MD law firm advises, it is important to get medical attention after the accident, even if you feel well. Your doctor can identify whether there are injuries that have yet to surface, in addition to creating a care plan so that your body can recover as best as possible.

We may slip and fall while going about our everyday routine, and it may not be because of someone else’s fault. However, when injury accidents happen and someone may have played a part in it happening, that person should be held accountable. Victims of slip and fall accidents often don’t realize that they could be due financial restitution, so they don’t report it or hire a lawyer for help. We can watch out for your best interests as the slip and fall injury claim is handled. Here are steps to take quickly after a slip and fall accident.

• Seek Medical Care

The health of you or your loved one should be the top priority after a slip and fall accident. If you’ve been injured, see your doctor so that your injuries can be documented and properly treated. Copies of medical records may become influential pieces of proof to use in seeking compensation from the person at-fault. 

• File a Report

Regardless of where the slip and fall happened, whether in a store, at a friend’s house, or on public property, report it to the appropriate owner, manager, or landlord. Get the details of the incident in writing, and request a copy of it before you leave. If you step off the premises before filing an official report, it can work against your case later on, unless you had to be sent to the emergency room right away. 

• Document the Area

If you are able to after getting up, take pictures and video of the area and what may have contributed to your fall. Visual evidence can speak volumes more than a statement, so having photographs to support your claims will be essential. It is possible that the evidence will get cleaned up by workers before you have a chance to document the scene, so do so promptly. Any changes made to the scene will not only eliminate proof but can become an inaccurate representation of what happened.

Damages for Slip and Fall Victims

Regardless of how you were injured, there are specific damages you may be entitled to based on the circumstances of your case. Damages are broken down into two categories: economic and noneconomic. Economic damages are those that have an actual dollar amount attached to them. Examples of economic damages you may be able to claim include emergency room treatment, hospital stays, doctor visits, physical therapy, mental therapy, medical equipment, medication, loss of wages, and more.

You may also be able to collect for future medical expenses if your injury is one which will require long-term or permanent treatment. Reimbursement for any benefits you may have lost, such as vacation time or sick days, bonuses, and any other benefit reimbursement. If you were unable to accept a promotion or new job because of your injuries, or your injuries have left permanent damage affecting your ability to perform your job, our law firm may be able to obtain loss of income damages.

If you have been left permanently disabled by your injury, and this disability has required special handicap alterations to your home, or other necessary lifestyle changes, you may also be entitled to collect for those financial damages.

Accident victims are also allowed to seek noneconomic damages for their injuries. These include pain and suffering, emotional anguish, or loss of companionship or consortium. Noneconomic damages do not have an immediate dollar value attached and must be calculated differently.

Contact Our Bethesda Law Firm Today

If you have been the victim of a slip and fall accident and are in need of assistance, contact Brown Kiely LLP today.

To address your legal concerns, meeting with a lawyer is a significant first step. Whether you’re facing a personal injury case, dealing with a family law issue, or seeking advice on a business matter, being well-prepared can make the process smoother and more productive. At our Bethesda, MD law firm, we believe that informed clients are better equipped to work alongside their lawyers effectively. In this blog, we’ll provide practical steps to help you prepare for your first meeting with a lawyer.

Gather All Relevant Documents

One of the most crucial steps in preparing for your meeting is to collect all pertinent documents related to your case. This might include contracts, medical records, correspondence, receipts, and any other paperwork that could be relevant. Having these documents organized and ready will help your lawyer understand the context and details of your situation more quickly.

Outline Your Case

Take some time to write down a clear and concise outline of your case. Include key events, dates, and any other significant information that can provide a comprehensive overview. This outline will serve as a helpful reference during your meeting and can aid in ensuring that no important details are overlooked.

Prepare A List Of Questions

It’s common to have many questions when seeking legal advice. Preparing a list of questions in advance can help you get the most out of your initial consultation. Consider asking about the lawyer’s experience with similar cases, the possible outcomes, the legal process involved, and any fees or costs you should anticipate.

Be Honest And Open

When discussing your case with a lawyer, it’s vital to be as clear and honest as possible. Be open about all the facts, even if some details may seem unfavorable. Lawyers are best equipped to help when they have a complete and accurate understanding of your situation. Remember, the information you share is confidential, and your lawyer’s role is to assist you to the best of their ability.

Understand The Lawyer’s Role

It’s important to have realistic expectations about what a lawyer can do for you. While they can provide legal advice, represent you in court, and help negotiate settlements, they cannot guarantee specific outcomes. Understanding the scope of your lawyer’s role will help foster a productive and collaborative relationship.

Discuss Communication Preferences

Clear communication is key to a successful lawyer-client relationship. Discuss your preferred methods of communication, whether it’s email, phone calls, or in-person meetings, and establish how frequently you can expect updates on your case. This will help ensure that both you and your lawyer are on the same page regarding communication.

Review Legal Fees And Payment Plans

Before concluding your meeting, make sure to discuss legal fees and any payment plans. Understanding the financial aspect of your legal representation is crucial. Ask about hourly rates, retainer fees, and any other costs that might arise during the course of your case. This transparency will help you budget accordingly and avoid any surprises later on.

Recap Of Key Preparation Steps

Your legal representation can be more efficient and effective when you prepare for your first meeting with a lawyer. By gathering relevant documents, outlining your case, preparing questions, being honest, understanding the lawyer’s role, discussing communication preferences, and reviewing legal fees, you can approach your consultation with confidence. At Brown Kiely LLP, we are committed to providing clear and supportive legal guidance to our clients. If you’re ready to discuss your legal needs, contact us today to schedule a consultation.

For any organization, facing business disputes can be a common and significant challenge. Whether it’s a disagreement over a contract, intellectual property issues, or shareholder disputes, these conflicts can disrupt operations and affect the bottom line. As Maryland business litigation attorneys, we know that resolving these disputes efficiently is critical to maintaining business continuity and preserving relationships. Here, we outline several effective strategies for resolving business disputes quickly and effectively.

Open Communication

One of the most effective ways to resolve disputes is through open communication. When both parties are willing to discuss their issues openly, it can lead to a quicker resolution. This approach involves setting up a meeting where both sides can present their perspectives and concerns. Having a neutral facilitator or mediator can help ensure the discussion remains productive and focused on finding a solution.

Mediation And Arbitration

Mediation and arbitration are alternative dispute resolution (ADR) methods that can save time and money compared to traditional litigation. Mediation involves a neutral third party who helps the disputing parties reach a mutually acceptable solution. Arbitration, on the other hand, is more formal and involves an arbitrator making a binding decision based on the evidence presented. Both methods are less adversarial than court proceedings and can lead to faster resolutions.

Clear Contracts And Agreements

Preventing disputes starts with having clear, well-drafted contracts and agreements. These documents should outline each party’s responsibilities, expectations, and dispute resolution mechanisms. By having everything clearly defined from the start, businesses can avoid misunderstandings that lead to disputes. When disputes do arise, a clear contract can provide a roadmap for resolving the issue.

Early Intervention

To prevent disputes from escalating into major conflicts, it’s important to address them early on. If a disagreement arises, it’s important to address it promptly rather than letting it fester. Early intervention can involve informal discussions or formal negotiations, depending on the nature of the dispute. By tackling issues early, businesses can often find solutions before the situation worsens.

Legal Counsel Involvement

Involving legal counsel early in the dispute can provide valuable insights and strategies for resolution. Attorneys can help identify the strengths and weaknesses of each party’s position and suggest possible outcomes. Their involvement can also lend weight to the negotiations, encouraging both parties to work towards a settlement. While it’s important to seek legal advice, keeping the process collaborative rather than adversarial can lead to better results.

Maintaining Professional Relationships

In business, maintaining professional relationships is crucial. Even during disputes, it’s important to treat the other party with respect and professionalism. This approach can prevent the situation from becoming personal and keeps the focus on resolving the issue at hand. By preserving relationships, businesses can continue to work together in the future, even after a dispute has been resolved.

Document Everything

Keeping detailed records of all communications and actions related to the dispute is essential. Documentation can provide evidence if the dispute escalates to litigation and helps ensure all parties are on the same page. Records of emails, meetings, and agreements can clarify misunderstandings and support your position during negotiations.

Flexibility And Compromise

Being flexible and willing to compromise can expedite the resolution process. While it’s important to protect your interests, finding a middle ground can lead to a quicker and more amicable solution. Compromise does not mean giving up your position entirely but rather finding a mutually beneficial outcome that both parties can accept.

Effective Dispute Resolution Techniques

Early intervention, a willingness to compromise, and open communication are all necessary when it comes to efficiently resolving business disputes. By using methods such as mediation and arbitration, maintaining professional relationships, and involving legal counsel when necessary, businesses can find effective solutions to their conflicts. At Brown Kiely LLP, our team is dedicated to helping clients manage these challenges and achieve favorable outcomes. If you need assistance with a business dispute, contact us today to speak with an attorney who can guide you through the process.

In the complex world of business, legal issues are inevitable. From formation to operation and beyond, businesses encounter a myriad of legal challenges that require expert guidance and representation. This is where the indispensable role of a business lawyer comes into play.

A business lawyer is a legal professional who specializes in providing advice and representation to businesses of all sizes and industries. Their primary objective is to help businesses navigate the legal landscape, protect their interests, and ensure compliance with laws and regulations. From startups to established corporations, business lawyers play a crucial role in helping businesses thrive and succeed.

One of the key responsibilities of a business lawyer is to assist with business formation and structuring. Whether it’s establishing a sole proprietorship, partnership, limited liability company (LLC), or corporation, choosing the right business structure is critical for long-term success. Business lawyers provide guidance on the legal implications of each structure, helping entrepreneurs make informed decisions that align with their goals and objectives.

Business lawyers from Volpe Law LLC draft and review contracts and agreements essential to business operations. From employment contracts and vendor agreements to lease agreements and partnership agreements, businesses rely on these legal documents to define relationships, protect assets, and mitigate risks. Business lawyers ensure that contracts are legally sound, enforceable, and in the best interests of their clients.

In addition to contract drafting and review, business lawyers provide advice and representation in matters such as mergers and acquisitions, intellectual property protection, and regulatory compliance. Mergers and acquisitions involve complex legal and financial considerations, and business lawyers play a crucial role in negotiating deals, conducting due diligence, and ensuring compliance with antitrust laws and regulations.

Furthermore, intellectual property protection is paramount for businesses seeking to safeguard their innovations, trademarks, and copyrights. Business lawyers assist with trademark registration, patent applications, and copyright protection, helping businesses protect their intellectual property assets and prevent infringement.

Regulatory compliance is another area where business lawyers provide invaluable support. Businesses must navigate a myriad of federal, state, and local regulations governing their industry, from environmental regulations to labor and employment laws. Business lawyers help businesses understand their legal obligations, develop compliance strategies, and navigate regulatory investigations and enforcement actions.

One of the most valuable services provided by business lawyers is their ability to provide strategic advice and representation in legal disputes. From contract disputes and employment lawsuits to shareholder disputes and business torts, businesses may find themselves embroiled in legal conflicts that threaten their reputation and bottom line. Business lawyers work tirelessly to resolve disputes through negotiation, mediation, or litigation, advocating for their clients’ interests and achieving favorable outcomes whenever possible.

The role of a business lawyer is indispensable in helping businesses navigate the complex legal landscape and achieve their goals. From formation to operation and beyond, business lawyers provide invaluable guidance and representation, ensuring that businesses can thrive and succeed in an increasingly competitive marketplace. If you’re a business owner facing legal challenges or seeking strategic advice, don’t hesitate to seek the assistance of a qualified business lawyer who can provide the expertise and support you need to achieve success.

Is There Still Time To Apply For The Employee Retention Credit (ERC)?

The Employee Retention Credit (ERC) was developed to soften the economic blow delivered by the COVID-19 pandemic. Due to the overwhelming (2.6 million claims as of July) and often fraud-filled response, the IRS stopped reviewing applications through the end of 2023, though you can still apply for the credit.

What Is The ERC?

The ERC was part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, which passed Congress in March 2020. Employers can seek relief for maintaining employees during 2020 and 2021. This isn’t a loan. It’s a refundable payroll tax credit, so there are no repayments. A lawyer, like a business litigation lawyer from a law firm such as Focus Law LA can tell you that though the ERC expired in September 2021, businesses can file retroactive claims until April 15, 2024 (for 2020 claims) and April 15, 2025 (for 2021 claims). You can correct your past application by filing IRS Form 941-X for eligible quarters if you meet the given deadlines.

Can My Business Get This Tax Credit?

You may qualify for it if you can show:

• A significant decline in your gross receipts in a calendar quarter compared to the same quarter in 2019. This is an objective and straightforward calculation for eligibility 
• You fully or partially shut down due to a government order. You may have been approached or used a service to help you qualify for this more subjective approach. They may be very aggressive with questionable legal positions to help employers qualify. This may subject your application to an audit. These types of applications caused the IRS to stop processing new claims while they examine existing ones

If you plan to seek the credit due to a government shutdown, consult an accountant or attorney with expertise in this area, not on a service that charges a percentage of your expected credit.

Using a government order to justify a credit may cause problems because it may be tough to document for businesses considered “essential” during the pandemic, and employers must show a clear link from a government order to a negative operational impact. Your business must have suffered a “more than a nominal impact” due to the government order. This may be difficult to prove, but it hasn’t stopped many from trying.

The IRS will look closely at how you demonstrate how your company was affected by a government order. You won’t get the credit by providing a vague narrative lacking detail. The fact that you saw a drop in customer demand won’t be enough. 

Fraudulent Applications Clog The Tax Credit Pipeline

The IRS stated on September 14 that they started a moratorium on processing new applications, and it’s supposed to conclude by the end of December. Their press release states:

“IRS Commissioner Danny Werfel ordered the immediate moratorium…following growing concerns inside the tax agency, from tax professionals as well as media reports that a substantial share of new claims from the…program are ineligible and increasingly putting businesses at financial risk by being pressured and scammed by aggressive promoters and marketing.”

The agency announced in July it was shifting its focus to reviewing claims for compliance concerns, intensifying its audit work and criminal investigations on promoters and businesses filing false claims. They claimed hundreds of criminal cases were being considered, with thousands more applications being referred for audits. 

If you are interested in seeking this credit or have questions about it, consult with an accountant or attorney you can trust to guide you through this process.