Michael Campbell – Business Dispute Attorney – Pierce County, WA “This brings me to another point. People have rights. They say, well, it’s my legal right. I have a right to do this. There’s no….no, you don’t have a right. They’re always talking about rights. But rights don’t mean anything if they can’t be enforced.” […]
Ray Hrdlicka – Host – Attorneys.Media “Hi. Today we’re sitting with Michael Campbell, an attorney in Tacoma, Washington. And we’re going to talk about business disputes. It’s a niche area within the practice of law. However, for small businesses, medium sized businesses and the consumers that do business with, those that do business with those
Ray Hrdlicka – Host – Attorneys.Media “Obviously, one of the three business people leaving…that brings us into this next question about covenants not to compete. Because that person leaves…do they take a third of their business, a third of the business with them? Do they…? How does that work? And obviously, the follow up question,
Ray Hrdlicka – Host – Attorneys.Media “Researching, of course, attorneys. And there’s lots of attorneys out there that talk about…that they focus on business, but it’s mostly on business formation. And, you know, the contracts ahead of time, the incorporation, LLC, sole prop(rietor), and the regulations to open up within a business, within an area,
Ray Hrdlicka – Host – Attorneys.Media “But does the covenant not to compete, have more teeth, if that person goes into business for themselves, in competition with you?” Michael Campbell – Business Dispute Attorney – Pierce County, WA “I think it depends on all the circumstances. If a court looks at it and it says,
Ray Hrdlicka – Host – Attorneys.Media “About the difference between arbitration and mediation? I flipped between both of those. Obviously, there’s a difference in the legal aspect. Please.” Michael Campbell – Business Dispute Attorney – Pierce County, WA “An arbitrator is one who is a substitute judge. And sometimes, contracts call for disputes to be
Michael Campbell – Business Dispute Attorney – Pierce County, WA “The question is, there was an express warranty of a year in that case. And the question is, was there an implied warranty that actually extended beyond that year? There may have been. That’s what you’ll find out in court, if not, if you can’t
Ray Hrdlicka – Host – Attorneys.Media “Well, there’s a difference, if I may interject here, there’s a difference between the two. One is a straight debt collection. The service has been performed, it’s adequate. It meets the expectations of what the public expected to get. And so that’s a straightforward debt collection. But it’s the
Michael Campbell – Business Dispute Attorney – Pierce County, WA “But the arbitrator is a substitute for a judge, and the arbitrator will be able to issue, by virtue of their contract, any resolution of that contract that’s within his scope of authority.” Ray Hrdlicka – Host – Attorneys.Media “So that’s now a binding arbitration.
Ray Hrdlicka – Host – Attorneys.Media “The mediator, arbitrator starts out with this statement, ‘you know, my job here is to make both parties, get us… get a settlement, and make both parties angry and not happy at the end result’. And, you know, that just irritates me every time I hear it. It really
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