Matthew Abts

Matthew Abts helps small business owners and want-to-be owners achieve their dreams, whether it's extra part-time income, a full-time business, or an independent lifestyle. He has low, flat-fees for business formation, copyright, trademark, and contract drafting.

Matthew also works with independent artists to protect their creative works, and is a supporter of the Lawyers for the Arts movement.

• Free Consultation
  Free consultation for established clients.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Company formation: $150, Copyright $45, Copyright Enforcement from $50, Trademark $100/$500 (State/Federal), Contracts average $50-200 (depending on length and complexity), Litigation from $100/hr. See website for current rates.

Q. What should I bring to court to fight a post judgement status quo

April 2, 2012

A: Dear Questioner,

You're going to need to show that what you're doing is in the best interest of the child. This means presenting evidence to the court. A third-party neutral witness would be best, such as a teacher or someone else who can tell why your new situation is better.

If it's an issue with money & private school tuition fees, you'll need to show the court how your financial situation is changed and why you can no longer do things the way you were (lost your job, etc . . .).

I'd really recommend you hire a family law attorney. http://www.osbar.org/public/ris/ris.html

Take care,

-Matthew

Q. My landlord demolished my home that i owned without my consent,when there was still my familys belonging in it.what todo

April 2, 2012

A: Dear Questioner,

Wow, that's awful. Here in Oregon we have protections for renter's property within certain time limits. There are things your landlord had to do with your stuff that maybe wasn't done in your case.

We also often allow you to claim attorney's fees in court for these kinds of cases -- in other words, you can win and the other side pays your attorney. Because of this, many landlord/tenant attorneys will take a case "on contingency".

Call the Oregon State Bar referral service and find a "landlord/tenant" attorney who offers "free consultation" (in other words, one who won't charge you money to listen to the details of your story and decide if you have a good case), and who will work "on contingency". http://www.osbar.org/public/ris/ris.html

Feel free to call several attorneys to "shop around".

Take care,

-Matthew ... Read More

Q. Can you refuse arbitration?

April 2, 2012

A: Dear Questioner,

First, it depends on whether you are dealing with court-ordered arbitration, or with arbitration in a contract of some sort.

Many contracts call for arbitration to resolve disputes. If your contract calls for it, it is mandatory if it is a well-written contract. If you went to court instead, the judge would order you back to arbitration, possibly with penalty fees (paying the other side's attorney costs, etc . . .).

If a court procedural arbitration (you filed a case in court, and then received notice about having an arbitration hearing), you should know that many courts have MANDATORY arbitration for legal issues -- you have to go to arbitration before you can go to court. If this is the case in your situation, you will go to a hearing before an arbitrator and have a "mini-trial" at a conference table. It will be much more informal that actual court. You'll be able to present evidence without all the tricky legal rules for presenting in court.

The arbitrator will look at everything, here everyone's argument, and make a ruling about how the arbitrator thinks the case should be resolved. If you don't think the arbitrator's ruling is fair, you can "appeal" it to the court and have an actual trial.

But beware! In some arbitration-oriented courts, if you refuse a fair offer by the arbitrator and don't "beat it" in court (receive better than the arbitration award), there could be some penalties.

In contract-arbitration, the arbitrator's award is usually final. The judgment is likely to be enforced by the court.

So, yes, whether contractual or court-procedural, the arbitration may be mandatory. You can retain an attorney for the arbitration.

Take care,

-Matthew ... Read More