Menu Contact
Tilford Dobbins & Schmidt, PLLC
For A Consultation
Practice Areas Menu

Louisville Legal Blog

What should you know before you sign a commercial lease?

Renting commercial space is a big decision for your company. It can sometimes be a lengthy and tedious process. Giving yourself a window of six-to-nine months to secure a lease is a sound approach. You should begin renewal negotiations nine to twelve months before your lease expires to give yourself relocation options if things don't work out.

Real estate agents may not necessarily help you secure the best terms for your lease, especially if they've had prior dealings with the landlord before. It may be essential to involve a lawyer in the negotiation process to ensure that the lease is legal and doesn't have any terms and conditions that are adverse to your best interests. In the grand scheme of things, it's your responsibility to broker the optimal terms and conditions possible, though.

Set up a limited liability company for your own protection

You've been living in Kentucky for a while, and you finally feel like this is the place you want to put down roots. Part of doing that is opening your business so that you can build up an income and give back to your community.

If you'd like to create a business, you may want to consider forming an LLC. An LLC is a Limited Liability Company. While you could open your business as a sole proprietor, an LLC gives you a few more legal protections and may help you protect your personal assets and income in the case of a lawsuit or debt collections.

3 reasons that a divorce trial might be right for your case

Dealing with disputes during divorce can be difficult. Even if you've tired to negotiate and are doing your best to be reasonable, the other party may not be.

Do you know when it's time to go to trial rather than trying mediation or other processes? Here are some helpful hints to let you know that a trial might be the right solution.

Minimize business interruptions during a partnership dispute

Going into business with someone means that you share a common vision. As you set up the partnership, you can set the terms that will govern the business relationship. Making sure that these are realistic and that they help you to move toward your goal of a successful business is important. But, have you considered what will happen if you and your partner disagree in the future?

It is highly unlikely that partners will always agree on everything. In your partnership contract, you might need to include dispute resolution guidelines so the disputes don't interrupt the company. There are some basic points that might help you.

Don't compare your divorce to anyone else's

It's often said that misery loves company, and this might explain why someone who is going through a divorce will often try to find others who have gone through the same circumstances. While finding a support system that can understand what you're going through is important, this can also lead to an urge to compare your situation to another. But, that can cause you more stress because every divorce is unique.

Trying to compare what's happening to you with what happened to someone else is problematic. Small differences in circumstances can lead to a different application of a specific law, so comparing your divorce to another person's might lead to poor decisions on your part that come back to haunt you later.

Are you feeling harassed in the workplace?

As a woman, you may have always felt as if you have had to work harder than men for people to take you seriously. Others may consider you cold or bossy when you take charge of a situation, but you know that your attitude could significantly impact whether co-workers and superiors take you seriously in the workplace. Though your hard work did lead to what you considered to be your dream job, you may now feel that it is more of a nightmare.

The field of work you entered may have always interested you, and when you got the job you wanted, you may have felt immensely excited. However, almost immediately since starting, you felt treated unfairly by others in the workplace, and some days, you may not even feel welcome or safe at work.

Commercial real estate and limited liability companies

Making the decision to invest in real estate is a major undertaking. If this includes commercial properties, you may be able to tap into a lucrative industry, but you do need to take steps to protect yourself in case anything happens with the properties.

Some individuals opt to establish a limited liability company for the commercial real estate holdings. This can provide a barrier between those properties and your personal assets. While some people might not think this is necessary, you should understand how this might help you if you ever face a lawsuit because of the properties.

Important points about leaving an abusive marriage

Living in an abusive marriage is a horrible situation for anyone. Unfortunately, people go through it all the time. Getting to a safe place is a priority because your safety is in jeopardy. It can be a challenge to walk away from an abusive marriage, not only because you need to plan for the future, but also because it can be dangerous.

One thing that may stop you from leaving the marriage is a fear of the unknown. Your spouse may make the bulk of the money or control the finances, which can make it difficult to walk away. There are programs that you may find beneficial if you're leaving an abusive home.

Breach of fiduciary duty must have three elements present

Some business litigation lawsuits are based on a breach of fiduciary duty. In the most basic of terms, fiduciary duty means that one party has an obligation to handle financial decisions in the best interest of another party. When that duty is breached, the person who held the fiduciary duty might face a legal action in civil court.

Cases involving these claims are often very complex because of the intricacy of the elements that must be present. Whatever side of a lawsuit over a breach of someone's fiduciary duty you are on, it helps to understand these factors.

Do you know when assets are considered commingled?

If you plan to retain an attorney to file for divorce, prepare to discuss finances when you meet. Your legal counsel will likely ask you whether there's been any commingling of funds. This concept refers to a process whereby separate assets that you alone owned before or during your marriage get combined with your spouse's. Assets move from being separately owned to part of the marital property when this happens.

Dividing assets in divorce can be complicated. The division of assets depends on the extent possessions and valuables are combined. If both of you contributed to purchasing the marital home or vehicles, then those assets may, by default, now belong to both of you.

Call 502-584-1000 to speak to a lawyer today.

  1. Charles W. Dobbins, Jr.

    Charles earned his J.D. degree from the University of Virginia in 1974

    He was graduated from Washington & Lee University in 1970 with a B.A. with Distinction

    Read More

    Mark W. Dobbins

    Mark earned his B.A. from Emory University.

    He earned his J.D. from the University of Louisville.

    Read More

    Patrick T. Schmidt

    Patrick earned his B.S. in Accounting from the University of Kentucky in 1989.

    He earned his J.D. from the University of Kentucky in 1992.

    Read More

    Terrence L. McCoy

    Terry earned a B.A. from Dartmouth College in 1964.

    He earned his J.D. from Duke University in 1967.

    Read More

    Lisa Koch Bryant

    Ms. Bryant has extensive commercial litigation and bankruptcy experience. Prior to entering private practice, Ms. Bryant served as head of litigation for the Federal Land Bank of Louisville.

    Read More
  2. Wm. Stephen Reisz

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

    Read More

    Sandra F. Keene

    Sandra earned her Bachelor of Health Science degree, with Honors, from the University of Louisville in 1982.

    She earned her J.D. degree from the

    Read More

    Elizabeth M. Jenkins

    Colgate University, B.A., Political Science, magna cum laude, 1983

    University of Virginia, J.D., 1992

    Read More

    Edward L. Galloway

    Ed graduated from Indiana University in 1967 with a degree in history.

    After obtaining a master’s degree in political science from the University of

    Read More

    Thomas G. Karageorge

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

    Read More
  3. Tacasha E. Thomas

    Tacasha attended Harvard University in Cambridge, Massachusetts during the summer of 2001, where she studied courses in law and psychology.

    Read More

    Ayala Golding

    Ayala received her J.D. in 1994 from the University of Louisville, Louis D. Brandeis School of Law, Louisville, Kentucky, where she was a member of the Brandeis Family Law Journal, and

    Read More

    Kacie A. Wilkinson

    Kacie A. Wilkinson recently joined Tilford, Dobbins & Schmidt, PLLC, where she practices in the areas of business law & transactions, real estate, estate planning and probate.

    Read More

    Gwendolyn Chidester

    Gwen recently joined the Firm after being employed by notable Louisville companies for over 15 years in a variety of capacities including Corporate Counsel, Director of Human Resources, and Risk Manager.

    Read More

    William A. Buckaway, Jr.

    Bill earned his B.A. from Centre College in Kentucky in 1956.

    He earned his J.D. from the University of Louisville in 1961 where he was a

    Read More

    Terrell L. Black

    Terry earned a B.S. in Social Science from Campbellsville College in 1966.

    In 1969, he attended graduate school at Eastern Kentucky University focusing on

    Read More

    John A. Wilmes

    John was admitted to the Kentucky bar in 1977 and admitted to practice before the U.S. District Court, Western District of Kentucky in 1979.

    Read More

Contact Us

401 West Main Street, Suite 1400
Louisville, KY 40202

Phone: 502-513-0600
Phone: 502-584-1000
Fax: 502-584-2318
Louisville Law Office Map