"Get it in writing.” It is a practice that must be started, a habit that must be formed if you are going to be a successful business person.  Too many times, clients come into our offices with a multitude of problems that could have been avoided simply by having an agreement in writing.  Problems that now will costs thousands of dollars to resolve or litigate could have been avoided by taking the time and investing a small amount of money to have a contract drafted.  And, more importantly, good customers, whether another business or member of the general public, will expect you to have written contracts as they demonstrate professionalism and clarity.

Recently Forbes Magazine* set forth the 10 essential contracts for small and growing businesses:  

1. Employment offer letters
2. Confidentiality & Invention Assignment Agreements
3. Service Contracts
4. Confidentiality Agreements
5. Web site Term of USe Agreement
6. Stock Purchase Agreements
7. Leases
8. Loan Agreements
9. Letters of Intent
10. Sales contracts

At Painter & Associates, we have the ability to assist you to draft these types of contracts for your business needs at a reasonable rate.  And it is an investment that could save you and your business thousands of dollars and hundreds of hours of time by avoiding the simple mistake of “taking their word” for something.

*Harroch, Richard 10 Essential Contracts For Small And Growing Businesses.  Forbes Magazine Feb. 3, 2016

Imagine having knee replacement surgery only to get in an accident 5 months later.  Painter & Associates recently represented a 70-year old woman who needed to have her original knee replacement taken out and a new one put in due to an accident.  We were able to show significant loss in quality in life due to the second surgery and additional recovery time. Painter and Associates was able to navigate the client through the complicated insurance system and negotiate a settlement worth north of six figures. 

If you have been in an accident, we strongly suggest that you speak to a qualified attorney in order to have the insurance company offer fair compensation.

Painter & Associates' attorney Amanda Waltz represented a veteran to help him keep his ducks, which help with his PTSD and depression after serving in Iraq in 2005.  We are happy that we could help this veteran in his road to recovery.

Read the full article here. 

Congratulations are in order for Nathan Painter who was named a central Ohio Top Lawyer as determined by AVVO and published in the April 2016 edition of Columbus CEO magazine. 

"I'm honored to be recognized in central Ohio and be listed among this elite group," said Nathan.  Nathan's hardwork, determination and experience has given his clients a top legal resource with a personable approach.  The entire firm looks forward to helping even more of the central Ohio community.

Painter & Westfall, LLC has announced that Elizabeth Westfall will be leaving the firm at the end of 2015 to pursue other interests. The new firm name will be Painter & Associates, LLC.

Painter & Associates will continue to operate business as usual in the same location. Our experienced team consisting of Nathan Painter, Amanda Waltz, Rebecca Muncy Brooks and Adam Crowell will continue to service our clients with the highest level of expertise and professionalism.

Custody Case Resolved with Help of Elizabeth Westfall

Unfortunately, child custody battles are often part of family court. Parents interested in obtaining sole or joint custody of a child often end up in court, fighting a child custody battle because neither party can reach an agreement. In such cases, a court of law will ultimately determine who will win child custody.

Parents interested in winning custody battles should not enter a custody dispute unprepared. Parents need to provide proper documentation and prove they are the best capable to provide full-time care for the child.

Today, it can no longer be assumed that only the mother will get custody of the children. Instead, what judges consider during a custody trial is based on the "best interests of the child", and they try to give custody to the parent who will provide the best environment and upbringing for the children.

Painter & Westfall has represented several parents in custody cases. They recently won a case for a mother who had been granted legal custody of her child. The litigation between the parties had a lengthy history and the father continually took the mother to court and appealed the decisions. 

Painter & Westfall worked hard to show the court that the custody decision was fair and the appeal from the father was overruled. To read the entire case summary for more details please  Download the document here. 

 
To win your child custody case, you will need to prove to the judge that it is in the best interest of the children to be with you. Be prepared and speak with an experienced attorney who will fight diligently for you.

Most people use estate planning to make sure their loved ones are taken care when they are gone.  It used to be fairly simple to track down all the necessary paperwork to finalize a person's last wishes and divide assets, but with the increased use of computers in our day to day lives, we need to adapt.  The digital era has forced estate plans to look beyond paper and include sections about who should take care of online accounts such as online bill paying, email accounts, social media accounts and more.  For example, if you currently host all of your digital photos on the cloud, how can you make sure your family members can access those precious memories when you are gone? 

Digital estate planning is an important part of the process.  The Columbus Dispatch recently ran a great article about this called "Guide to Life: How to handle online accounts during estate planning."  It's a great reminder of why you should talk to an experienced lawyer to prepare your final wishes which in turn will lessen the burden for your loved ones should something happen.  If you have any questions, feel free to call us at 614-319-3306.

Many victims of domestic violence are not aware that they can sue their attacker. At Painter & Westfall we are familiar with these types of claims and have helped a few victims with pursuing their rights.  The Columbus Dispatch recently brought this topic into the forefront in central Ohio with the article, Civil Lawsuit Lets Domestic-Violence Victim Fight Back published on February 9, 2015. 

Often, victims of domestic violence have been robbed of their sense of control and of their emotional outlet. Suing the abuser can give them a sense of control and can provide a sense of emotional relief. The types of damages possibly available to domestic violence victims include:

• Lost wages

• Medical expenses

• Pain and suffering

• Punitive damages

If you think you have grounds for litigation, consult a lawyer right away as the statute of limitations on when you can file a case for assault or battery is only one year.  An experienced attorney will be able to tell you if you have a good case and what your rights and options are for filing a claim. 

If you have a question about pursuing a claim against an attacker, filing for divorce or getting a Civil Protection Order, please contact one of our experienced lawyers at Painter & Westfall at 614-319-3306.  To learn more about Civil Protection Orders click here.

It's a new year and I'm sure many of you are working on your resolutions. I'm sure many goals are focused on health and wellness, but have you thought about improving your legal stability to protect your family? Here are a few resolutions you might want to add for 2015:

1. Make a will. You don't want to leave your family with a mess should something happen. Get your paperwork in order now, to make it easier for them later. Read more about estate planning here. 

2. Improve your special needs child's education. Federal law requires Individualized Education Plans (IEP) for special education students. Do you feel your child is getting the best of what they need? Do you need help navigating the confusing system of paperwork? Learn more about IEPs here. 

3. Get your business in order. Own a small business? Should you form an LLC, Corporation or Partnership? Should you elect to be designated by the IRS as an S Corporation, C Corporation or something else? There is a nice overview of the different types here.

As always, our team is here to answer any of your questions. We wish you all a happy and healthy 2015!

Nathan Painter is both proud to be selected to the 2015 Ohio Rising Stars list, an honor reserved for those lawyers who exhibit excellence in practice. Painter was also was named to the list in 2011, 2012 and 2014. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. For more information about the selection process, go to Super Lawyers.