Issues That Copyright Solicitors Deal With

Many different sort of situations could arise where you need the services of a copyright solicitor.

This can include individuals, small and medium sized companies and large corporations. This is because the issue of copyright can potentially affect everyone, and particularly those people who have created a piece of work that is entitled to protection. Read on to find out about some situations when copyright solicitors might be able to help you.

I've created some work and don't know if it's entitled to protection

If you have created a piece of work and are unsure of its legal standing, it is definitely worth talking to specialist copyright solicitors. This is because while a lot of work does indeed fall under the bracket of 'copyright' issues, it isn't always the case. It might, for instance, require a different type of intellectual property protection, depending on what it is. This could include trademark protection, design rights protection or even a patent.

I think someone has infringed on my owners' rights

If you have a piece of work that is protected by copyright and someone uses that work in a manner that is not covered by the 'fair use' guidelines then you should definitely seek advice from a copyright solicitor. It is important that you assert your rights whenever someone infringes upon them as protecting your work from infringement could potentially have an impact on your income or other issues. This can apply to works such as written material, artistic work, musical or dramatic work, films or broadcast material, computer programs and sound recordings.

I have a licensing issue

As the creator of a piece of work, you generally have the right to say what happens to it. For instance, if you were to write a book, you would have the right to say whether another person is allowed to translate it, adapt it or otherwise alter the work for another purpose. Sometimes, the authors of works are willing to let people do this (such as translating a book for a foreign audience). In order to do this, you will need to talk to a copyright solicitor to make sure the resulting contract includes all the necessary information and protects all of the rights you are not willing to give away. The contract needs to be very specific and explain exactly what the arrangement is that you have come to, and this is something your solicitors will be able to help with.

Need a specialist copyright solicitor? Contact Bonallack & Bishop - for copyright solicitors who offer city quality intellectual property advice at local prices.

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Unfair Dismissal Solicitors - Should You Get One?

If you believe that you have been unfairly dismissed, then you need to get advice from an experienced employment law solicitor as soon as you possibly can. Make this move before you think about taking a claim to a Tribunal.

Being dismissed from your job is stressful enough - being dismissed unfairly is even worse. Pursuing an unfair dismissal claim in these circumstances can really take a toll on your personal resources, so it's essential that you have an expert unfair dismissal solicitor on your side from the very beginning.

The first thing you need a solicitor for is specialist knowledge. Employment law is a complex, ever-changing area. Although the circumstances of your case will be unique to you, an unfair dismissal solicitor will be able to look at your case in the light of their wider experience. They'll be able to talk to you about similar sorts of cases that they've handled, and how those cases fared at the Employment Tribunal.

Following on from this, you need a solicitor to examine the strengths and weaknesses of your individual case. To make a successful unfair dismissal claim, you will need to prove that your employer breached your employment rights. The Tribunal will need to be convinced that you were dismissed for an inherently unfair reason, or that your employer used unfair procedures in order to get rid of you. Your case therefore needs to be as strong as possible. Your solicitor will be able to help you with this.

An unfair dismissal solicitor is also there to represent you and to deal with third parties. Remember, your former employer will be working just as hard to prove that they didn't act unfairly. This inevitably leads to a degree of conflict, so you need a professional on your side to handle this aspect of the claim.

Finally, you need solicitors to help you weigh up the advantages and disadvantages of pursuing a claim at all. Compensation awards can vary widely in size and type, depending on the merits of each claim. The Tribunal can even order reinstatement [i.e. returning you to your job] instead of a monetary award. Your solicitors will be able to give you an idea of the sort of outcome you might expect. You'll then be able to make an informed decision about whether or not it's worth your time, effort and expense in bringing a claim.

Although a claim for unfair dismissal should never be undertaken lightly, with the help of a specialist unfair dismissal solicitor, you can receive recognition and compensation for the breach of your employment rights.

Do you need help and advice on an unfair dismissal claim? Contact an experienced unfair dismissal solicitor from Bonallack & Bishop who can give you the right information today.

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Your Probate Solicitors Can Help Secure Grant of Probate

Grant of probate gives the executor or executors named in a will the authority to deal with the deceased's estate. This can be dealt with solely by the executor. Alternatively, he or she can seek probate legal advice and ask specialist probate solicitors to make the grant application on their behalf.

These grants of representation are made to the Probate Registry. This body issues different types of grant. Firstly there is the grant of probate where the will names one or more executors. Second there is the grant of letters of administration where the will named no executors, those named do not wish to undertake the task, or they are unavailable.

Specialist probate solicitors will be able to advise on the intricacies of the law and make the application if necessary.

Applying for a grant is not always necessary. This is particularly so if any family property is jointly held and passed on to the surviving spouse/partner. Similarly, if there is a joint bank or building society account it may not be needed, though these institutions may need to see a death certificate. Also if the amounts of money in any account are small they may be able to be released without probate.

Who can actually apply for grant of probate is determined by law. The executors will receive a grant. If no executor has been named then the grant will be to the person set to inherit the largest amount from the will. If no will has been made then the next of kin will be able to make an application for the grant.

It should be understood the task of executor carries an enormous amount of responsibility. These responsibilities might include checking the will's validity, dealing with any requests from beneficiaries to modify the share out, setting up trusts and then managing them, calculating any inheritance tax liability as well distributing the estate to the beneficiaries. And this list of tasks for the executor is by no means exhaustive. However, assistance is available for those who want it, particularly advice and practical assistance from specialist probate solicitors.

Admittedly, probate legal advice can seem costly. Hourly fees are charged and/or a percentage of the estate. However, by engaging specialist probate legal advice the executor will not only be guided through a legal minefield and spared much of the stress and strain. This is why the help of specialist probate solicitors in such circumstances are so important.

Bonallack & Bishop are solicitors providing probate legal advice. If you need advice then contact one of their UK Probate Solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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When To Contact Probate Solicitors?

It cannot be overemphasised that no-one named as an executor in someone's will is under any obligation to seek the services of probate solicitors.

Probate is necessary when the executor needs to deal with the deceased's estate because it gives him or her legal authority to do so. It can be very complicated and timely process, but many people, without any legal background at all, have been able to carry it out quite satisfactorily. However, there are times when the executor needs probate legal advice.

Specialist probate solicitors provide a professional service for those needing advice and assistance when dealing with the estate of a lovable close friend. It could be that the executor just needs some good probate legal advice [perhaps on points of law or procedure] and then will be quite happy to carry on dealing with the estate themselves. However, there are often occasions when the executor may want probate solicitors to deal with the entire case.

There are several reasons why probate solicitors may be asked to handle the distribution of the estate entirely. The executor may be unwilling to deal with it, may lack the amount of time for the matter to be dealt with satisfactorily or may not feel confident about dealing with such matters. Fortunately there are those in the legal profession with the training, knowledge and professional competence to deal with probate.

Probate legal advice, along with the assistance of specialist probate solicitors is particularly important when a will is being contested. Other reasons for seeking legal advice could be if any of the property relating to the estate is outside the United Kingdom, or if at the time of the deceased's death it was bankrupt. Also if more than one administrator was named in the will they might not be able to agree on a course of action. Here legal advice may be crucial in helping develop some consensus.

One thing that any executor must not forget is that he is dealing with legal issues. The wrong decision could lead to him being sued. This fact alone is a very good reason to hand the whole estate over to specialist probate solicitors.

Anyone who has been named as an executor must apply for Grant of Probate to gain the legal authority to deal with estate. He must also fill in the necessary forms and then swear an oath. By contacting and using the services of a solicitor the executor will be sparing himself the time and trouble of carrying out these tasks.

If you are looking for expert probate legal advice, get in touch with a specialist Probate Solicitors at Bonallack & Bishop - who offer a specialist online fixed fee probate service for clients throughout England and Wales.

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Issues of Finance and Franchise Solicitors

In every franchise agreement there will be a description of how the franchise is to be financed and how any such arrangement will work.

This is definitely an area where good franchise legal advice will be needed, so you should raise the issue of financing with your franchise solicitors as soon you possibly can. Read this article to discover more information about what financial responsibilities are held by both the franchisor and franchisee.

Franchisor

In terms of the parent company, one of your main financial responsibilities is to make sure your company is viable as a business. After all, there is no point in franchising your business, if your franchisees won't be able to make any money. You need to be able to prove the sustainability and profitability of your business; this is something that you can get help with from your expert solicitors.

Something else you will have to do is to work out how much you are going to charge your new franchisees to buy in to the business. This will normally include an up-front fee and then they will subsequently pay you royalties once their business is up and running. The value of these royalties will be dependent on their profits, so one option if you are confident that their business will perform well is to put the weight on the royalties rather than the initial start-up fee.

Franchisee

As a would-be franchisee, it's vital that you seek specialist franchise legal advice about your financial responsibilities as you need to make sure you'll be able to handle them before signing any agreement.

One of the main costs you'll have to pay is the up-front fee to the parent company. You'll need to set up your own company to do this and the average cost is currently somewhere around £46,000 although it varies between franchises. This means you need to know you can raise the capital to pay for the investment. You will owe the franchisor royalties for the arrangement, therefore you will need to include the cost of these into any financial calculations you make - your franchise solicitors can advise you on this.

People whom are new the franchising should also be aware that they will incur additional costs through the day-to-day running of the franchise. There needs to be an agreement with the parent company as to who is going to pay for costs such as staff training, uniforms and so on; if the responsibility falls to the franchisee then you'll have to make allowances for this in your budget, too.

Bonallack & Bishop offer experts in giving franchise legal advice? They can offer experienced advice from their franchise solicitors. Senior Partner Tim Bishop is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm.

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How Probate Solicitors Can Help When Applying For Probate

It is not a legal requirement for a person whom is completing the probate process to seek out legal advice. Nevertheless using a specialist probate lawyer can prove to be extremely helpful during a complicated process.

The grant of probate is, in effect, legal permission to allow the executor or executors to deal with a will. The executor has the role of collecting in all monies which belong to the deceased and then distributing these out amongst all the beneficiaries under the will. Even if named as a beneficiary, this person can act as an executor. Where more than one beneficiary is named, up to four can apply for a grant. This will enable them to deal with the matter collectively.

If no probate solicitors are used the executor will have to apply for the grant through the Probate Service. Letters of Administration are applied for if no will was left by the deceased, or the named administrators are unwilling to undertake the task.

When applying for the grant it is important the probate office sees a copy of it. Wills are often left with probate solicitors, and they will be able to give expert probate legal advice.

If inheritance tax is due on the estate at least a proportion of it must be paid before the grant is made. It might be completed prior to the inheritance tax authorities making a decision of how much the final amount will be. Anyone whom finds themselves feeling non-confident about this process should talk to a solicitor and get the right sort of legal advice. Even though solicitors are not accountant or tax advisors, good probate solicitors will have a real awareness of the law governing such matters.

Because the executor may have to deal with several banks and building societies he will require multiple copies of the sealed grant. Usually they will not accept copes that are not sealed, or photocopies. So when applying for the grant the executor will have to decide how many copies he requires. The correct fee will have to be enclosed with the grant application.

As can be seen this can be a complicated and time consuming process, so there are advantages in the using the services of probate solicitors. The solicitor will make sure the process moves a lot quicker. He will also be able to assist in the sale of any property included in the deceased's estate.

Probate solicitors may also be able to assist in the reduction of inheritance tax, such as through a deed of variation and their advice will almost certainly be essential if the will is to be contested anyway.

Do you need expert probate legal advice? Why not contact the specialist Probate Solicitors at Bonallack & Bishop - who offer a value for money online fixed fee probate service for their clients throughout England and Wales.

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No Win, No Fee Solicitors - A Solution to Business Partnership Disputes

There are many reasons and unforeseen circumstances that can lead to business partnership disputes.

If a partnership has reached the stage where a business partnership dissolution is unavoidable, it is the wisest course of action to take professional advice. It is possible to find some solicitors who are prepared to represent you on a 'no win, no fee' basis, and this is always worth considering.

Your appointed solicitor will naturally have a great deal of experience in matters of business partnership disputes and partnership dissolution, and will be best able to decide whether working for you on a 'no win, no fee' basis is the wisest course for everyone concerned. Of course, legal action can cause much acrimony between people involved in business partnership disputes, and your future relationship should be thought about before going to court. But if relations in the business have broken down completely, then each partner should look after their own future and protect themselves by taking specialist legal advice.

If your solicitor is working on a 'no win, no fee' basis, it is obviously in his or her interest to obtain the best result for you. He or she will not want to take on a case for a client who has no chance of winning their action. An initial discussion with an experienced solicitor will make all your options clear, and it may emerge, in the course of your first discussion, that it is not worth pursuing a case against another partner. This may cost you more in legal expenses than the amount which you are claiming from the business.

Life is not all about money, and you may not want to have a soured relationship with your partner if you have a partnership dispute with them. However, for the sake of yourself and your loved ones, it is essential to think of yourself first. Therefore, it is paramount to seek the best advice from your solicitor who will help you to explore the best way to proceed when trying to resolve business partnership disputes. Considering a 'no win, no fee' course of action may be the best way to proceed in any business partnership dispute. Your solicitor will work harder on your behalf, leading to a more satisfactory outcome for all concerned. He or she may feel that this is not the best way to proceed, but 'no win, no fee' must be considered, along with all your other options.

Looking for no-win no fee solicitors to help with your partnership dispute? Contact Bonallack & Bishop - Solicitors specialising in business partnership disputes.

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Why You Might Need Specialist Probate Solicitors

It should first be acknowledged that seeking legal advice is not a lawful responsibility when dealing with probate.

There is nothing to stop a member of the public who has no legal training or experience from applying for Grant of Probate or Grant of Letters of Administration. Indeed, the experience has been that most non-legal people have dealt with these matters satisfactorily.

However, there are times when really good probate legal advice is needed. Then it is time to arrange a meeting with specialist probate solicitors.

The reasons for seeking such advice are numerous. For instance, the executors may not have the necessary time to perform their duties. Or they may not want to perform the duties of executor - the duties of an executor come along with significant responsibilities, and getting something wrong could lead you open to being sued by a beneficiary. Tax must be paid. Debts must be paid and assets collected in promptly. Things come even more complicated if overseas properties are involved, which is becoming increasingly common. The terms of the will could be in dispute - such instances are more common than you might think - or they could be legal other issues involved.

Other reasons why the legal advice might be needed could be that the executor does not feel capable or have the confidence to fill in the necessary forms. Some people do find form-filling daunting. The estate may be subject to inheritance tax, or alternatively it could be bankrupt.

Whether it is because of the value of the estate, the bureaucracy or the willingness of the executors to perform the task, there are many reasons why the services of a probate solicitor might be engaged.

There are several reasons why it is of advantageous for the executors to hire probate solicitors to administer the estate. The executors have numerous responsibilities - must visit the probate registry and swear an oath. They must also complete form the application form - PA1. This is a very complex form and the prospect of filling it in is both time consuming and daunting. However, if a probate solicitor is engaged there is no need for a trip to the probate register or completing form PA1. So by seeking probate legal advice and hiring a solicitor the executors will be saving themselves a lot of time and effort.

By using specialist probate solicitors you will be reassured that the matter is being dealt with proper and in a professional manner. The solicitor will have a professional knowledge of probate. Anyone dealing with probate themselves, which they have every right to do, will at best find it time consuming, and at worst beset with problems. Probate legal advice will relieve him or her of those worries.

Bonallack & Bishop are solicitors providing probate legal advice. If you need advice then contact one of their UK Probate Solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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Franchising Issues That Your Franchise Solicitors Can Help With

Franchising offers many good opportunities for the modern day business. However it is a process which should never be taken on lightly and it doesn't always suit every type of business.

This article looks at some of the things you should definitely think about when considering going into a deal as a franchisee; if you have questions or are confused, your franchising solicitors will be able to provide you with more information.

Costs and financing

As any franchise solicitor will tell you, one of the most important issues you need to consider with any business deal is how much it costs and how you are going to pay for it. When you are thinking of becoming a franchisee, you need to know where your financing is going to come from as it is more than likely you will have to buy in to the agreement. This could be more than £45,000 depending on the business, so it is definitely something to consider.

As well as the initial start-up costs, you also need to think about your long-term running costs as you need to know you will be able to make ends meet while you get everything up and running, just as you would with any other business.

The franchise itself

You should also think about the company you are planning to make an agreement with. What industry are they in? Do you have experience in that industry? Does the company have a good reputation? If the company already has franchisees, it can be a good idea to talk to them so you can get a better idea of what it might be like if you decide to go ahead with an agreement.

Length of the agreement

The length of the contract is another important issue to consider before going ahead with any agreement. Some contracts are relatively short (up to three years, for example), while others lock you in for a decade or more so you should think about what you want before signing anything. Your franchising solicitors will be able to talk you through your options.

Who has control?

What you actually get for your money is important, too, as some franchises offer their subsidiaries more control than others. You need to know who would have financial responsibility for things such as uniforms and training, as well as how much creative discretion you'd be allowed, as some companies are stricter about following precise business plans than others.

Intellectual property

Intellectual property advice is another issue it's worth thinking about as trademarks, training manuals, promotional material and more all fall under this banner and so licenses need to be sorted out for the franchisee. In fact as franchising has sometimes been described as "renting a brand", issues about branding are critical - so you will need to make sure that you get expert intellectual property advice as part of your legal package from your solicitor. This is something your franchise solicitor will be able to guide you through to make sure you understand what's happening.

If you need the services of an expert franchise solicitor. If you want intellectual property advice then contact Bonallack & Bishop today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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The Advantages of Hiring Expert Probate Solicitors

Probate solicitors assist in administering the estate of your loved one following bereavement.

While people can do this for themselves, there are significant responsibilities involved with significant risks for the unwary - add in the distress suffered through bereavement, plus the time involved organising the funeral, and that's why most people tend to solicitors for professional probate legal advice and assistance..

Probate legal advice can be provided by the banks or probate solicitors. While the cost of gaining probate legal advice is expensive, solicitors are usually cheaper than banks. Typically a bank will charge between four and five per cent of the value of the estate for probate. Solicitors tend to base their fee schedule on guidance from the Law Society and usually average between £2,000 to £5,000 -though it can be more or less depending, of course, on a series of factors including the size of the estate. Some solicitors in fact may offer cheaper fees for online probate legal advice.

When wills are made they name one or more executors. Executors are the people appointed to be responsible for applying for the grant of probate, gathering in monies, paying any outstanding bills and distributing the balance to the beneficiaries named in the will. But often a solicitor is named as the executor. They will carry out all the duties expected of the executor and upon completion charge a fee for the work done.

As with most things, clients want to keep cost as low as possible. They can also do this when seeking probate legal advice. One way to do this is to agree a fixed fee after first meeting the solicitor. Also it may be worthwhile the client undertaking some of the tasks, rather than leaving it all to the solicitor, in a bid to reduce costs.

It should be understood that other factors may affect the cost of hiring a solicitor. These include such things as if there is an error in the will, or if it is contested.

Once a probate solicitor has been hired there are several duties he will have to perform. If executors have been nominated to administer the deceased's estate the solicitor will apply for grant of probate on their behalf, and then help them administer the estate.

If no will was ever made, there will be complications. Here specialist probate legal advice will be very useful. A probate lawyer is able to assist people, such as the next of kin, make a claim for financial provision, and if need be prove the relationship with the deceased.

Whether a will was made or not the services of probate solicitors are invaluable.

If you're looking for expert probate legal advice you can rely on, contact the specialist Probate Solicitors at Bonallack & Bishop - who offer a fixed fee and online probate service for clients nationwide.

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