An Overview on Silent Partnership Agreement

Silent partnership agreement is crucial to run a joint venture smoothly:

Silent partnership agreement is basically a legal agreement between two or more people who enter into a joint venture but in a silent partnership the responsibilities of partners are different from each other. In the silent partnership, the silent partner usually provides finances and stays away from the day to day working of the business while the other partner or partners manage to run the daily affairs of the business. The silent partner do not participate in daily management affairs as he is not responsible for the running of the business but shares the profit or loss according to the pre-determined ratio.

The only responsibility of a silent partner is to provide financial investment to a joint venture while the other partner or partners take the responsibility to run the business by managing the daily affairs of the joint venture. While doing a silent partnership in South Africa, it is highly recommended to draft a silent partnership agreement which will help in the smooth run of the joint business and will also assist in resolving the disputes or misunderstandings that may arise in the course of the business.

Legal importance of silent partnership agreement in South Africa: While running a joint venture in South Africa in which a silent partner is involved, drafting and signing a silent partnership agreement becomes very important. It comes under the South African Companies Act, 1973. This partnership contract helps all partners involved in a silent partnership to determine the duties or responsibilities of each partner and also to define the procedures to resolve the disputes in this partnership in a mutually agreed fashion without going to the court. This silent partnership agreement is drafted by the mutual consent of all partners and helps them to run the business without experiencing any sort of disapproving situation. This agreement clearly states the responsibilities of the silent partner that he is supposed to provide financial investment and the other partner will work hard while participating in the managerial duties and will tackle day to day affairs to run the business. With the help of this silent partnership agreement, all partners will be able to resolve their disputes easily in a peaceful manner instead of going to the court in South Africa. This silent partnership agreement is comprised on the following major points.

Name of Business

Location or physical address of business

Nature or the business

Contributionsfrom partners (time, money, property etc)

Profit/loss sharing ratio

Responsibilities of all partners (silent and others)

Decision making

Termination of the agreement

In a country like South Africa, it is very important to draft a silent partnership agreement which plays a vital role in the smooth sailing of a joint venture and helps all parties to resolve their conflicts rather easily.

Net Lawman are adept in providing all kinds of silent partnership agreement templates which are highly beneficial for people who are going to start a silent partnership as these templates are drafted in a comprehensive and easy way in plain English which can be edited easily according to the requirements of people.

Legal Offshoring India’s Pie!

In this highly competitive global market every corporation requires to work on minimal margins and they required adopting cost cutting measures and that is where outsourcing became imperative.

Legal Process Outsourcing (LPO) is the third big Leap of outsourcing industry in India, after Business Process Outsourcing (BPO) & Knowledge Process Outsourcing (KPO). LPO is an activity or practice to get legal support services from legal services firms or corporations.

In the beginning, LPO covered mostly low-end transcription work (Data management, Word Processing, Litigation support, Book-keeping and reconciliations etc.) but now LPO also includes a huge range of high end legal processes such as patent application drafting, legal research, pre-litigation documentation, advising clients, writing software licensing agreements and drafting distribution agreements.

The total market size of Global LPO business is around USD 250 billion. And out of this US alone captures two third of LPO business. The growing cost of Legal services in USA leads it to outsource or offshore the legal activity. It was very necessary for US law firms to obtain the Legal support services from outside to either save their business by cost cutting or for profit making.

There are a lot of examples of US law firms that were running their business successfully & were well known in their field but due to increasing cost in legal services they could not survive. And these failure firms proved to be a good learning example for rest of the firms or corporations and it became imperative for US law firms to outsource the legal support services.

India had already proved its reliability with its IT BPO & KPO services, so it emerged as a favorable destination for LPO business. The first legal outsourcing to India started back in 1995, when Bickel & Brewer the Dallas based litigation firm, with 34 lawyers opened an office in Hyderabad.

The next thing that gave an impetus to the industry was when General Electric, in 2001, added a legal division to their currently existing base of operations in India. This legal cell was specifically started to handle legal compliance and research for GE plastics and GE consumer finance (Divisions of GE capital). Thereafter, the industry witnessed a steady upswing in demand for outsourced legal services from India. And then the foreign players started coming in India.

This gave an opportunity to the Indian lawyers & students wanting to go abroad or want to earn hefty amount get good opportunity to work with legal outsourcing firms.

In India most of the Legal Process Outsourcing business revolves around three major activities.

Legal transcription and drafting services: Law firms have extensive documentation requirements, which normally get outsourced to India. This involves data entry or activities like sending correspondence, document management and indexing, drafting memos etc. This is the entry level, low value high volume task. Owing to low risks, this sometimes tops the priority lists for firms starting outsourcing.

Patent prosecution assistance: This is the hottest area in Legal Processes Outsourcing. It involves assistance in filing patent applications, infringement studies, IP asset management services, prior art searches etc.

Legal research: It involves performing legislative history research, jurisdiction studies and other typical case study researches that are common with the legal profession. When dea ing with corporate activities, like mergers and acquisitions legal due diligence of the potential targets or acquirers and their accompanying legal issues becomes imperative. This involves extensive data research etc and hence a lucrative outsourcing task.

Learn Why Workers Should Think About Hiring An Employment Lawyer

There are many individuals who have wrongly lost their work. Some employees even complain concerning an unhealthy working place with discrimination and harassment everywhere. Lawful actions must be taken by workers if they are aware that their rights were disregarded. You don’t have to back down since it is easy to win the fight if an experienced nyc employment attorney is there to give assistance and counsel.

Each employee is protected by the employment law, which is also known as labor law. this isn’t a one-sided law as the rights of the employers are also protected. There are legal requirements and recommendations comprising employment law. A person who experienced abuse and unjust treatment at work have better chances of obtaining justice by seeking the help of an experienced lawyer. Due to their knowledge of employment laws, New York employment attorneys can help employees in building a strong case.

When dealing with legal matters, employing a lawyer is important. These lawyers can help clients in overcoming employment-related problems like workplace discrimination, unjust dismissal, and the likes. Companies are mindful that they’re at risks for legal issues that is why they also hire a team of legal experts that could assist them sort out any problem with the law.

Additionally, the employment lawyer NYC will make sure that their client will come prepared in front of the court. You can set up a good fight against your last employer, regardless of how powerful and big they may be by having the best legal professional with you.

There’s a number of employment attorneys NYC that have helped a lot of people over the years. With their experience, they are fully aware regarding the newest updates in the employment laws. With them, you could still have the opportunity of keeping your job, and paid out justly if your company is treating your unfairly. Almost all NYC employment lawyer will hear out your story first, and the legal issues you are experiencing. They will analyse the fact in order to determine if the case has any merit.

Through the help of NYC employment attorneys, a plaintiff can assure that he’s getting proper legal representation. In case you are engage in a court trial, rest assured your lawyer will handle everything with confidence.

One benefit of obtaining the services of new york employment attorney is that they can guarantee you that you will acquire just payment from the damages that the other party have caused you. With this well-informed and expert employment lawyer working with you, rest assured that you and your loved ones will never be suffering from the troubles brought on by your employer or co-worker. People who don’t have a background on the legal system will surely find this matter confusing. So if you want the very best chance at winning your case, don’t hesitate to hire a professional and experienced employment lawyer.

California Law Just Got Tougher For Those Who Would Commit Financial Elder Abuse

California is anticipated to pass three new bills that would strengthen elder abuse laws in the state. Among other things, the definition of undue influence would be updated as it relates to financial elder abuse. Notary Publics are now required to report suspected financial elder abuse when they identify it. These new requirements are meant to strengthen laws that protect vulnerable senior citizens from financial elder abuse. Oakland financial elder abuse attorneys say that these new laws are a welcome tool that will help combat financial fraud against the elderly.

Recently, California regulators have been accused of disregarding or ignoring complaints of elder abuse. According to a report issued by the Center for Investigative Reporting, in 2009 the California Department of Public Health ordered it’s investigators to dismiss about 1,000 complaints regarding financial elder abuse and theft. What this means is that those 1,000 complaints may have been closed without investigation. Oakland financial elder abuse attorneys say that every complaint of financial elder abuse and neglect deserves to be investigated.

Unfortunately, many cases of financial elder abuse are perpetrated by family members that were trusted to look after the best interests of their loved ones. Once a power of attorney is given to a family member, they have control over the finances of the senior citizen. Often, that leads to financial elder abuse. When financial elder abuse is committed by a family member, it is less likely to be reported. Oakland financial elder abuse attorneys remind the public that the instances of financial elder abuse continue to increase.

Assembly Bill 477 requires Notary Publics to report financial elder abuse when they suspect it. Assembly Bill 140 updates the definition of undue influence related to financial elder abuse. Assembly Bill 381 allows the court to give attorney’s fees and costs in scenarios where senior citizens are financially abused by people who have the power of attorney.

Evans Law Firm, Inc. handles elder abuse, financial elder abuse, physical elder abuse, annuity fraud, consumer fraud class actions, insurance and banking fraud cases. If you think that you have witnessed or are the victim of elder abuse, or financial fraud then contact Evans Law Firm, Inc. at 415-441-8669 for a free and confidential consultation, or email us at

Top 10 Law Office Billing Pitfalls – How You Can Avoid Them

Law firm billing and accounting requirements are inherently different from other service businesses. Even among legal practices, billing requirements can vary greatly from one area of practice to another.
Because time spent on billing and accounting is administrative and not billable, a law firm’s profitability depends on capturing all billable time and expenses, generating invoices in a timely manner and managing collection efforts proactively. Another highly important aspect that sets law firm billing apart from that of other businesses is that law firm billing and trust bookkeeping come under the purview of state ethics guidelines.
Law firms today cannot function without a legal billing software that fulfills the firm’s practice-specific billing needs and helps them avoid common billing pitfalls. The top ten most prevalent mistakes law firms make, when it comes to billing and accounting are:
Pitfall #10 Not Using Matter-Based Recordkeeping
Many service businesses perform multiple types of jobs for a customer and generate one invoice that covers everything. The same billing process does not work for law firms.
Matter based recordkeeping is unique to law firms. All transaction details must be kept at a matter level rather than client level. Law firms are usually required to keep each task (called “matter”) completely separate from other matters for the same client or other clients. For law firms, matter-based recordkeeping is critical because it allows them to produce proper records with ease for client billing inquires, billing disputes or state audits.
Pitfall #9 Not Accounting for Varied Types of Legal Matters
Accounting for retainers, time and expenses, etc. will vary depending upon the nature of the matter in question. Most law firms handle a variety of cases and use an assortment of client billing arrangements , such as hourly, retainer based hourly, fixed and contingency. A firm’s billing system must be able to handle all types of billing arrangements and the intricacies of each case.
Pitfall #8 Missing Flexibility in Setting Billing Rates
Professionals (or Timekeepers) at law firms are likely to have standard hourly rates for different tasks. An attorney billing software must be able to set Timekeeper rates accordingly, support discounted rates or a previous year’s rates for old matters, without much manual intervention.
Pitfall #7 Failure to Track and Allocate Disbursements
While law firms focus on capturing all billable hours, they often neglect to properly track and allocate expenses for billable matters. Expense tracking is just as important as time tracking. If you do not allocate expenses to a matter as expenses are incurred, you might never collect them. Matter expenses you forget to allocate are lost profits.
Expenses are typically paid in variety of ways (checks, credit cards and cash), adding another layer of difficulty. A trust account disbursement, however, is not an issue because the expense will come out of client funds.
Pitfall #6 Not Preparing Customized Professional Quality Bills & Reminders
The billing process is a direct reflection of your firm and is a vital part of your client communication. While law firms are conscious of providing top quality legal services, their high standards often fall short when it comes to client communications such as invoice and payment reminders. Not only is it important to generate invoices on a fixed billing cycle, but it also equally important to prepare professional quality invoices. Cluttered and hard to understand invoices are a recipe for late payments and client questions and are aspects of legal billing that become even more important when payments are in arrears.
Pitfall # 5 Not Utilizing Built-in Software Collection Support
Many law firms let unpaid bills pile up and end up with a collection problem. Take a proactive approach to debt collection rather than grappling with the issue after the fact. An efficient law office billing software will provide built-in collection support. Don’t wait for a billing cycle, if a matter’s unbilled balance has reached a low threshold point. Remember, bill collection is an on-going and vital practice management process.
Pitfall # 4 Not Checking for Client Conflict of Interest
For most law firms, conflict checking is a must. Your firm’s roster of clients is already available in your billing system. Instead of duplicating work, make every attempt to use the same system as a conflict checker. While developing a bulletproof conflict of interest system is challenging, development in today’s computer software makes it easy to build an integrated database that quickly identifies conflicts of interest.
Pitfall #3 Not Handling Client Advances Properly
Pitfall # 3 involves a host of potential problem areas. A law firm’s cash flow and profitability depend upon client advances (or retainers). However, from an accounting/bookkeeping perspective, client advances (retainers) need special treatment and must be handled carefully. The varied nature of client advances, an initial deposit to a trust and/or operating account, and reducing balances, as fees are earned, can significantly complicate your back office operation, if your billing system is not capable of processing retainer transactions systematically.
And, apart from itemizing legal fees and expenses, a legal time & billing software must always display remaining retainer balances on your client invoices.
Pitfall # 2 Loosing Track of Trust Funds
Every law firm endeavors to keep trust books clean and accurate, but most either fail or spend significant time and resources trying to do so. Ninety percent of the trust fund tracking battle is won, if your system provides integrated billing and trust bookkeeping . The trust bookkeeping portion of the system must prevent common trust errors (e.g. ledger card overdraft), provide a bank reconciliation tool and three-way reconciliation reports.
Pitfall # 1 Choosing Complex Software and Failure to Protect Data Integrity and Security
The most common and the most dangerous of all legal billing pitfalls include trying to cope with complex software, failure to protect data integrity and implement secure measures. Technological tools are more hindrance than help, if the tools are too complex to use. Software that isn’t user friendly and requires external consultants or trainers consumes valuable time and eats profits.
Data integrity and security are a matter of taking precautions to protect data from unauthorized access and use. You can minimize threats and easily avoid Pitfall #1, if your billing system has built-in features for controlling access to data, has checks in place for error detection and a regular data back-up function.
Reap the Benefits of Legal Billing Software Development
Computers and software have changed how companies everywhere do business. Technology today allows law firms and other businesses to compete with their larger counterparts on many levels.
Choose software with care and reap the benefits of technological developments in legal billing systems. Before you purchase legal billing software, analyze program features to ensure that the software’s design can help you avoid the ten common legal billing pitfalls. The right software will not only enhance your firm’s in-house capabilities and productivity, but will also help you comply with state ethics guidelines and increase profitability.