Tag archive: katrina smeltzer

The Benefits of Limitation of Liability Clauses

Summary: Limitation of liability clauses are not favored in the eyes of the law, but they are often upheld by the courts. To be effective, it is important the clause be reasonable and specific. An enforceable limitation of liability clause may drastically limit the potential liability of the professional. Professionals use contracts on a regular…

Maintaining Professionalism in the Legal Industry

Summary: This article reviews the importance of attorneys maintaining professionalism in all legal proceedings. The article reviews a recent Florida case resulting in disbarment of an attorney after alleged disruptive acts during trial and a post-trial hearing. It goes without saying that as professionals, attorneys are obligated to maintain professionalism at all times and to…

When Things Go South: A Corporate Director’s or Officer’s Personal Liability to Third Parties for Corporate Misdeeds

Generally, corporate officers and directors do not have a special relationship of trust (i.e., a fiduciary relationship) with third persons or creditors transacting business with the corporation. Moreover, unless they sign in an individual capacity, corporate officers and directors who negotiate and execute a contract on behalf of the corporation are not personally accountable on…

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