The Importance of Putting it in Writing

One of the most common causes of legal disputes is the failure to get an agreement, however small, in writing. Today, on the Cornerstone Law Blog, we want to tackle why it is so important to put your thoughts in writing when you and a friend or business associate are agreeing to a contract.

To begin with, it’s important to note that agreements are typically binding even if they are not in writing. Contrary to popular belief, most oral agreements are legally enforceable — if you can prove them (although there are exceptions, such as when dealing with land, with contracts for goods over a certain price, and in certain industries such as home improvement).

So why is it important to get your agreement in writing if it can be enforced even without a written document?

Why get it in writing?

  1. The most important reason is it is hard to prove what an oral agreement was for.

    Unscrupulous parties can lie about what was agreed to, and even when everyone is being honest, people’s memories tend to fade surprisingly quickly. Relying on someone else’s memory to agree with your own is a recipe for disaster in enforcing your contracts.

  2. Misunderstandings are harder to smoke out and deal with when a contract is not written down.

    It may sound funny, but there have been many lawsuits litigated over something as simple as the meaning of “here.” If someone agreed to bring a product “here,” where is “here?” If the agreement was made over the phone, one person may have assumed that “here” meant someone’s home, when in fact they meant their business some many miles away.
    Sometimes this type of disagreement can be cleared up easily, but in other cases it can be a mistake that can cost substantial sums of money.

    The point is this: without putting something in writing and taking the time to clarify simple points of misunderstanding, you can end up in a contract dispute that neither party brought about by their malice or ill will.

  3. It helps you to think about things that you weren’t really considering when you first made the contract.

    If two people get together and agree orally to a “handshake deal,” they may not be thinking about questions such as, “What happens if a pandemic shuts down the world and one side can’t deliver the product because the government won’t allow it?”

    And what happens if there is a good-faith dispute over the contract? Do the two of you first have to go and deal with it in front of a board of arbiters, or do you got straight to court? And which court? Where can you be sued? What do you do if a labor shortage or a war in another country suddenly makes it impossible to get the raw materials necessary to produce the product you’ve ordered? 

There are hundreds of potential questions that a good transactional lawyer can help you to work your way through. Even without the involvement of a lawyer, there are things you may think of as you put the agreement in writing that will help you to confront potential misunderstanding and disagreements that will cause problems down the road. 

How can you put it in writing without being overly difficult?

Sometimes business owners in particular are concerned that continually putting contracts in front of their clients or customers will cause them concern and will scare them off of working with them further. In most cases, this concern is not well-founded.

Most customers understand and even appreciate the time that you will take to put things in writing. But if they don’t or if you are concerned that the time necessary to reach a written agreement will make it difficult for you to continually get new contracts drafted, one approach is simply to put everything into an email or even a text message.

Once again, putting everything in writing will help you to confront disagreements that may arise between you and the other party. In most cases, it is best practice is to say, “Are you in agreement with all of these things?” at the end of the email (or something to that effect). Getting them to respond back will in many cases create a binding written contract between you two. 

Note: this article is not meant as legal advice.

There are specialized areas of law where a simple email or text message is not sufficient. It’s important that you talk to a lawyer about your specific concerns. But in the meantime, we hope that the tips in this article will help you in your day to day business and personal affairs to ensure that your contractual agreements are being memorialized in writing.

For help in drafting or reviewing contracts, contact Cornerstone Law Firm today.

Aggravated Assault in Berks County, Pennsylvania

Aggravated assault is one of the most serious charges you can face in Pennsylvania. The Supreme Court of Pennsylvania has held that proving aggravated assault requires the government to demonstrate the mental intent to cause serious bodily injury or to use a deadly weapon in such a way as to show an intent to injure someone. In other cases, aggravated assault can be charged where there is an assault on certain protected classes of individuals including police officers. 

So, if you have been charged with aggravated assault in Berks County, Pennsylvania, what steps should you take to preserve your innocence? Here are a few tips to keep in mind.

Immediate Preservation of Evidence is Crucial

One thing that many people forget when they’re charged with a crime is that they should immediately begin preserving evidence that might help to demonstrate their innocence. This includes:

  • Reaching out to companies who may have surveillance footage of what happened, including the lead up to a fight. Other videos and content may exist, too.

  • You should think about whether the Facebook messages of your friends might contain DMs or other information from the alleged victim of a crime that would demonstrate that they were the ones that were threatening or instigating violence.

Working with a criminal defense attorney can help you think of ways to demonstrate your innocence and can help you to move quickly to ensure that this type of evidence is not lost. Many businesses overwrite their security footage every 15 or 30 days, so it is important to move quickly if you believe this type of evidence may exist. 

Don’t Make it Easy to Prove Your Mental Intent

One mistake that many individuals make when they’re charged with an assault is to go online, make bold statements and criticize the person who has accused them of the crime. While this sort of frustration is understandable, anything you say can be used against you.

In some cases, angry statements can help the government to show your mental intent and the anger you have toward the alleged victim. This information really shouldn’t be admitted into court in most cases, but it creates another hurdle that your legal team has to get over in order to preserve your innocence in an aggravated assault case. 

Don’t Talk to the Police

Finally and most importantly, in an aggravated assault case you should not speak to the police without first speaking to your attorney. You have an absolute right to be represented by an attorney, even during the investigative phase of an aggravated assault case. If a police agency in Berks County wants to speak with you, they can go through your attorney.

The rule about not speaking to police is true even when you are innocent! It is important that you speak to counsel before making decisions about whether to make a statement to the police of not. 

Conclusion: Talk to an Experienced Criminal Law Attorney Today

If you have been charged with aggravated assault in Berks County Pennsylvania or anywhere in Pennsylvania, it is important for you to speak to an attorney.

At Cornerstone Law Firm, we can help you make decisions about your criminal case and how to handle your charges. Call us today for a consultation.

Retraction in Defamation Cases

One of the legal principles that is most familiar to the American public is that of defamation of character. Popularized through television, movies and some of the most sensational news stories covering legal events, libel and slander cases hold the fascination of the public. One major element to defamation cases is the doctrine of retraction.

What is Retraction?

Retraction is simply the “taking back” of what you have said about someone else. This happens frequently in newspapers, where the editor admits an error and retracts the statement. Frequently, this retraction is topped off by some sort of statement like “the post regrets the error.” Why did they do this?

These sorts of retractions are often done for journalistic integrity, but more importantly they are done to avoid libel suits. A libel suit is a suit for written defamation as opposed to slander which is spoken defamation. When a newspaper, a blog or any other written outlet believes they may be sued, one way they can “mitigate the damages” is by publishing a retraction. In the old days, it was required that someone who wanted to sue over defamation had to send a demand for retraction before instituting suit. This is no longer the case in Pennsylvania, but demanding retraction still makes sense, even for the plaintiff.

Why Demand a Retraction?

The main reason is that a demand for a retraction, if ignored or refused, helps to prove one of the hardest elements of a defamation case — the malice of the speaker. A defamation case requires proving more than that a person said something false.

It requires proof that:

  • The statement was false
  • It is damaging to one’s character
  • It was intentional

Accordingly, sending a demand for retraction is a way of eliminating a writer’s claim that they were mistaken about the facts that they reported, rather than intentionally lying. 

Surprisingly, this approach can still work even in the day of modern publishers when many of the individuals that someone might be wishing to pursue for defamation are either private parties or small-time publishers. A demand for a retraction provides an opportunity to frame the issue clearly before it is brought into court. And of course, in the event that they agree to retract, in many cases, the damage can be mitigated or undone.

If you believe you have been defamed by someone else or you have been accused of defamation, contact Cornerstone Law Firm so we can help you to figure out your next steps.