Before you sign that business contract, have it examined by an attorney experienced in contract drafting and review, Jacksonville's Mathis & Murphy, P.A. recommends.

Business contracts go sour every day. And without a clearly stated arbitration clause, things can get even uglier. Yet, this item is one of the most overlooked, say attorneys specializing in contract drafting and review. Jacksonville’s Mathis and Murphy, P.A. offers tips for making sure your agreement includes all the necessary features.

An arbitration clause specifies that parties involved will settle business or contract disputes outside of the courts via arbitration, which involves an objective third-party “arbitrator” or “arbiter.” Typically, the arbiter will hear each side of the dispute and make an informed decision, by which the contract parties agree to abide. It’s a way to help keep costs down for the involved parties and unburden the court system. And many executives prefer arbitration because arbitral proceedings and awards are kept confidential, whereas legal proceedings in the courts generally are considered matters of public record unless sealed by a judge.

Care must be taken in writing arbitration clauses so that they’re neither too broad nor too narrow. Often, even strongly written clauses are contradicted in contracts by references to a court having jurisdiction over any disputes. And narrowly-written clauses might be interpreted to exclude certain types of disputes from arbitration, opening the door for expensive and drawn-out court cases. Other necessary elements include:

• The location of the arbitration, particularly if parties reside in different cities or states;
• The governing laws that might impact dispute outcomes;
• The type of notice necessary to invoke arbitration;
• And clear direction as to who will cover arbitration costs.

If you’re crafting a business contract – no matter whether you’re a high-dollar executive in a large company or a small business entrepreneur – it’s highly recommended you get professional legal assistance in contract drafting and review. Jacksonville’s Mathis and Murphy, P.A. has helped hundreds of clients craft clear, concise and enforceable business contracts of all types including employment agreements, sale of goods agreements, business purchase orders, confidentiality agreements and real property or facility leases. Call 904-396-5500 to schedule a consultation with one of our experienced business and contract attorneys today.

Jill Bechtold, Esq. of Mathis & Murphy, P.A. serves on the board of directors for Girls, Inc. of Jacksonville.

Besides being a respected Jacksonville medical malpractice defense and business litigation attorney, Jill Bechtold is devoted mother and a passionate advocate. When not spending time with husband Bob Bechtold, son Robert and daughter Lily, she’s working to encourage young girls to lead healthy, successful lives via Girls, Inc. of Jacksonville.

Bechtold serves on the board of directors for the national organization that encourages young women to be “smart, strong and bold,” she says. Girls, Inc. runs after-school programs, outreach centers and summer camps that provide programming focused on keeping young girls on track for successful lives. Programs are designed to help participants improve literacy skills, adopt healthy habits to prevent obesity, avoid pregnancy and develop financial independence.

“By educating and supporting our young girls, we can prevent many of the issues that plague our communities,” Bechtold says, giving a nod to other locals working in youth-centered organizations. “Jacksonville is full of amazing advocates that want to make young people in our community successful.”

Bechtold is a “Double Gator,” having earned both a Bachelors degree in International Business at the University of Florida and her Juris Doctorate at UF’s Levin College of Law in 2002 and 2005, respectively.  Though she specializes in medical malpractice defense and business litigation, she also practices business law, insurance law, civil trial law and personal injury litigation. She is a member of the Jacksonville Bar Association and its Young Lawyers Section; the Florida Bar Association and its Business Law Section; and the Jacksonville Area Defense Counsel.

If you’re in need of an experienced and proven medical malpractice defense or business litigation attorney, Jacksonville’s Bechtold can be reached via Mathis & Murphy, P.A. at 904-396-5500. And if you’d like to learn more about Girls, Inc. of Jacksonville call 904-731-9933. The organization is always looking for volunteers to serve on the board of directors and help out with programs, fundraisers and cleanup days, Bechtold says.

In 90 percent of medical malpratice cases, accused physicians are found not guilty.

While legitimate cases against physicians and healthcare providers for professional negligence or omission do exist, the vast majority of medical malpractice claims fail. Often, that’s because fault is found to lie with the patient instead. If you need a medical malpractice attorney, Jacksonville’s Mathis & Murphy can help build a solid case against false or inappropriate allegations.

Research by physician advocacy groups shows that 60 percent of medical liability claims against doctors are dropped, withdrawn or dismissed without payment. And a full 90 percent of the cases that do go to trial end with the physician found not guilty. Among the most common findings in medical malpractice trials:

• The patient also was negligent and likely caused much of his or her own harm;
• The patient failed to mitigate his or her own harm or damage, or made the harm or damage worse;
• The patient gave an informed consent thus assuming the risk of any complication;
• The alleged harm or damage was an unavoidable known risk that can occur without negligence;
• The patient failed to disclose important, applicable information to the doctor;
• The patient’s prognosis or condition was not worsened by the alleged negligence;
• The patient engaged in conduct following the alleged malpractice that broke the chain of events linking the malpractice directly to the patient’s damages or harm.

Any of these defenses can nullify a plaintiff’s case against a reputable and skilled physician. Make sure your hard work and reputation are protected by hiring a top-rated medical malpractice defense attorney. Jacksonville’s Mathis & Murphy, P.A. offers extensive legal experience with access to experts in every specialized area of medicine. Call 904-396-5500 to schedule a consultation.

Mathis & Murphy's Jacksonville corporate attorneys can help you avoid common missteps in forming new businesses.

As the economy struggles, many people are ditching fruitless job searches in favor of striking out on their own with a new business. If you’re considering making your own entrepreneurial move, be sure to heed our Jacksonville corporate attorneys‘ advice and avoid common business startup mistakes.

• Hire a CPA: Many entrepreneurs make the mistake of trying to go it alone when it comes to filing a corporate entity. Not a good idea, Jacksonville corporate lawyers say. Income from S corporations, C corporations and Limited Liability Companies (LLCs, the most popular choice for small businesses) can be treated and taxed in different ways. And few states will allow a company to change its business structure mid-stream. Your best bet is to spend the upfront money for a reputable and skilled CPA to take a look at your current situation and future goals to help decide which corporate structure will offer you the most personal liability protection and the best tax advantages. It could save you thousands of dollars in the long run.
• Follow up: A common mistake by entrepreneurs is to get state filings squared away the first year, then slack off in subsequent years. Periodic updates and annual fees are a must to keep your company in legal compliance. This includes updating state records should there be a change in your company’s ownership, registered agent and officers. Failure to keep updated records can cost you hundreds, even thousands in fines. And this includes not just state filings, but required local filings for appropriate business licenses and permits.
• Understand the liabilities: Don’t make the mistake of thinking that the corporate veil affords you unlimited liability protection. Obviously, you’re not protected against liabilities for criminal or fraudulent practices. And, if your company lacks sufficient capital, revenues, assets or insurance and is sued, some courts will allow the plaintiff to go after your personal assets.

The primary thing to understand is that although laws governing corporate structure may differ from state to state, corporations typically are treated under law as individual persons with full legal standing. That means corporations, just like people, can own property, enter into contracts, sue and be sued.

We strongly recommend that your first step in starting a new business or expanding your existing business be to hire a reputable corporate attorney. Jacksonville’s Mathis & Murphy, P.A. has helped area businesses get off the ground, expand and succeed since 1988. Call 904-396-5500 or submit our FREE Consultation form for expert legal advice on corporate formations and maintenance.

James T. Murphy, Esq. of Mathis & Murphy, P.A. recently received a LexisNexis Martindale-Hubbell AV Rating.

Mathis & Murphy, P.A.’s James T. Murphy, Esq. recently received an AV rating by peer review ratings provider Martindale Hubbell. The rating signifies the highest possible recognition of legal ability and ethical conduct.

LexisNexis Martindale Hubbell rates lawyers on their legal knowledge and experience, analytical and communication capabilities, and judgment. Reviewers are members of the bar and judiciary from select jurisdictions and geographic locations and who are involved in similar areas of practice or industries as the attorney being rated, and who attest to having worked with that attorney.

Three ratings are possible. A Peer Review Rated designation means that the lawyer meets very high ethical criteria. BV Distinguished means that a lawyer has some degree of experience and stands out from his competition. The top, rating, AV Preeminent, is testament that a lawyer’s peers rank him or her at the highest level of professional excellence.

James T. Murphy studied political science at Florida State University and earned his juris doctorate at the University of Florida Levin College of Law. He’s been a practicing member of the Florida Bar since 1998 and is a former Assistant State Attorney. After a five year stint with the law firm of Gobelman Love Gavin Blazs and Mathis, where he represented physicians in medical malpractice litigation, he and Kelly Mathis formed Mathis & Murphy, P.A. in 1997. Today, Murphy continues to  practice medical malpractice defense and serves as general counsel for multiple small and medium-sized businesses throughout Florida.

Murpy also is a member of the Jacksonville Bar Association and its Young Lawyers section, as well as the Catholic Lawyers Guild.

Don't sign that contract until it's been reviewed by an experienced and trusted contract attorney.

Thousands of contracts are drafted and executed daily in the River City. And far too many of them likely include multiple mistakes that ultimately may leave one or more parties with serious losses. When it comes to contract drafting and review, Jacksonville’s Mathis & Murphy, PA offers a few crucial tips:

1. Words Can Hurt: We’ve all heard the childhood rhyme, “sticks and stones may break my bones but words will never hurt me.” Not so when it comes to wording in business or financial contracts. In fact, one common wording mistake is not calling the contract a “contract.” In court, the omission of this word can make the difference between the document being considered one that’s legally binding or one that’s merely an agreement. The two are not necessarily the same. Inconsistent wording, such as calling products “goods” in one sentence and “items” in another, also can trip up your contract. So can failing to thoroughly define industry terms that another party to the contract may misinterpret.
2. Devil’s in the Decimals: If your contract involves international parties, correctly identifying dollar amounts and dates can be difficult. Different countries use commas and decimals in different ways. For instance, a U.S. $10,000 figure may be written as 10.000.00 or 10 elsewhere. Also, the use of AM, PM and the colon to specify a particular time in the U.S. is irrelevant in most other countries. The U.S. is one of just a handful that operates on the AM/PM system, while the rest of the world uses a 24-hour system. It can make the difference in an event that you intend to begin at 8:00PM beginning at 8 o’clock in the morning instead. And dates are written out differently as well. December 1, 2011 may be written as 110112 in other countries 01.11.12. Here in the U.S., a date is written and spoken by month, day and year, while other countries use different orders.
3. Know your Escape Route: Agreements are made and contracts are written with the assumption that all parties understand the agreements and will stick to them. But many contracts lack the details that adequately spell out what will happen if a party misinterprets a particular contract term, fails to abide by the term in a timely manner or at all. Every contract should have a start date, end date and a clearly stated method for resolving disputes.
4. Don’t Skimp on Legal Representation: Drafting a contract yourself will save you money initially. But miss or get one small detail wrong and it could end up costing you dearly. Even if you decide to draft a contract yourself to save on lawyer’s fees, you still should have an attorney review the final document before anything is signed, and to insist that other parties to the contract do the same. The few hundred dollars you spend for a business lawyer’s review services now could end up saving you tens or hundreds of thousands of dollars in contract losses and legal fees down the road.

If you need help in contract drafting and review, Jacksonville’s Mathis & Murphy can be reached at 904-396-5500 or online.

Make sure your contest, lottery or sweepstakes meets all legal requirments. Jacksonville's Mathis & Murphy, PA can help.

Giving prospective customers a chance at a great price is an effective way to land publicity for your business – so long as it doesn’t run afoul of the law. Before you launch your promotional contest, lottery or sweepstakes, Jacksonville’s Mathis & Murphy, PA offer a few cautionary tips.

Top priority is to determine whether your promotion is a contest, lottery or sweepstakes:

Contest: By definition, a contest awards prizes based on skill. Participants must dunk that basketball, correctly guess that trivia question or keep that hula hoop going longer than anyone else in order to win. And, a business is legally allowed to charge contestants for entry. It’s a way to both raise money for a business or cause and garner publicity.

Lottery: A lottery is a game of chance in which participants are given the chance to win a prize in exchange for something of lesser value. For instance, a $1 lottery ticket can net the winner a $1,000 cash prize or a car.

Sweepstakes: A sweepstakes is game where prizes are distributed completely by lot or chance. A business conducting a sweepstakes must specify that no purchase is necessary and provide a no payment entry form.

In any case, Florida law requires that prizes of more than $5,000 be registered and bonded before the sweepstakes begins. Additional laws will govern your promotion based upon how its’ conducted – via mail, email or telephone. And various counties have their own laws governing sweepstakes and lottery promotions conducted within their jurisdictions. Plus, earlier this year, Florida lawmakers considered a House Bill that would have prohibited the use of simulated gaming devices to conduct or promote game promotions, drawings, and games of chance. The bill never got past the Appropriations Committee, but you can bet that lawmakers continue to watch and debate legal issues tied to contests, lotteries and sweepstakes.

Jacksonville’s Mathis & Murphy specializes in Florida sweepstakes law and keeps a keen eye on all legislative and judicial issues and changes. Before launching your promotion, talk with one of our attorneys to make sure that all details are within legal bounds and your business is protected.

The business attorneys at Mathis & Murphy, P.A. have provided expert legal counsel for Jacksonville area individuals, corporations, civic organizations, entrepreneurs, healthcare providers and insurance companies since 1988. Today, our law firm aggressively represents a broad range of clients and assist them in growing their business, professional practice or other entity while limiting risk.

Our lawyers are well known for their common sense approach in providing practical advice and legal solutions for the simplest matters to the most complex and complicated business litigations. We are committed to always being responsive to our client’s needs and dedicated to representing their best interests while helping them achieve their business goals. Mr. Mathis is AV rated by Martindale Hubbell and recommended counsel by A.M. Best Company.

Generally speaking, litigation is something that businesses, professionals and individuals wish to avoid. But in the event that litigation is necessary, our trial attorneys have years of experience in representing our clients’ legal interests in both state and federal courts. In addition, we also serve major insurance carriers in legal matters involving liability settlements as well as medical providers and healthcare facilities in defense of medical malpractice claims.

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