December 28, 2016
by Raleigh Lawyer
Comments Off on Understanding Guardianship Part Two

Understanding Guardianship Part Two

Understanding guardianship can be difficult. Especially for those that assume it’s a situation that only involves children. Did you know that guardianship of an adult might be the most common? Below, you’ll find information regarding this type of guardianship. If you have questions, contact our lawyer in Raleigh NC.

Guardianship of an Adult | Lawyer in Raleigh NC

Guardians are appointed to manage the affairs of another person. In the legal system, the person is called a ward and is either under 18 years old, or is an elderly or disabled person unable to make decisions for him or herself. The matters a guardian oversees can vary depending on the type of guardianship he or she is given. There are several types that manage different areas of a person’s life, from personal care to managing finances.

 

Becoming a legal guardian for a ward is an important responsibility that should not be taken lightly. Someone considering naming a guardian should take an honest assessment of the situation so that the best interests of the ward will be represented. Below, you’ll find questions to ask yourself before assuming a role of guardian.

  • What is our relationship like now? How will it change?
  • How will my spouse and/or children feel?
  • Does he have finances to cover his living costs? If so, can I manage the finances appropriately?
  • Do I have the time and energy to take care of the ward in the best way?
  • Can I afford to take care of the ward?
  • Am I ready to take on the full responsibility of another person?

 

Lawyer in Raleigh NC

If you haven’t appointed a guardian and need to update your estate plan, or you haven’t reviewed your documents in several years, now might be the best time to do so, now The beginning of the year is a great time to start updating or planning.  Our lawyer in Raleigh NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact us to get started estate planning, today.

In addition, our attorney is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.

 

December 27, 2016
by Raleigh Lawyer
Comments Off on Understanding Guardianship Part One

Understanding Guardianship Part One

Legal guardians are assigned to be the caretaker for a child, incapacitated senior, or disabled adult. It is the guardian’s responsibility to take care of the best interests of the individual, who is also referred to as a ward. Sometimes, it can be difficult to understand this type of care. Our guardianship attorney in Raleigh is here to help. Over the next few blogs we are going to talk about each type and other details of this role.

Understanding Guardianship | Guardianship Attorney in Raleigh

Below, you’ll find questions that pertain the guardianship of a child. These might be asked during a court hearing. Be sure to consider each question before contacting an attorney. Then, you can work with them to continue in a legal situation dealing with guardianship.

  • Where does the guardian live? Will your child have to move?
  • Is the person you want to ask emotionally, physically and financially capable of caring for your child?
  • How is the relationship between the potential guardian and your child now?
  • How does your child get along with the rest of his or her immediate family?

 

We hope this information helps you with guardianship of children. Our guardianship lawyer in Raleigh NC is here to help in any way so contact us with any questions or concerns you might have.

If you need help better understanding a guardian feel free to contact us. Also, consider making an appointment with us, soon, to update your estate plan with your choice for guardian.

To learn more about guardianship, be sure to visit back with our next blog post, as well. Our lawyer will have more details to help you understand this type of caretaker. It can be difficult to understand, as there are many different roles and types of guardianship. Our lawyer will hopefully answer questions that you have.

Klish and Eldreth, PLLC

As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact our guardianship attorney in Raleigh to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, our lawyer is here to help you with all your legal matters, whether it be estate planning, divorce, child custody, trademarking, copyrighting, or DWI issues.

December 25, 2016
by Raleigh Lawyer
Comments Off on Tips for Hiring an Entertainment Attorney

Tips for Hiring an Entertainment Attorney

Entertainment law has been the focus of the last few posts. We’ve defined what this area of law entails, talked about the different areas of entertainment it covers, and helped you decide if you need an entertainment lawyer. If you do think you need an entertainment attorney in Charlotte NC, read on for tips on hiring one to handle your legal affairs.

Hiring Tips for an Entertainment Attorney in Charlotte NC

Here at Klish and Eldreth, we have an entertainment attorney in Charlotte NC on staff who can help with your legal affairs. He has worked in the entertainment industry as a producer, so he understands your needs.

If you live in the Triangle, our Cary, NC location is convenient, making it easier for you to meet with your attorney face-to-face. While you may not always have to meet in person, it can be helpful at first while you are establishing your relationship.

In many situations, there are laws that vary state to state, so finding a lawyer close to home can ensure that your documents are compliant with your state’s law.

Talking with a lawyer who is knowledgeable in your field, such as music, film, or broadcast, can be helpful in keeping up with trends and industry standards so that when you draft a contract or sign an agreement, you can feel confident that your best interests are protected.

Before meeting with an entertainment attorney in Charlotte NC, decide what you want from him so that you can choose one who can best meet your needs, and who has experience in the area in which you need counsel. Not all lawyers have experience in all areas of entertainment law, so make sure he is aware of your situation.

If you are looking for an attorney because you have been sued, be upfront with all the details so that he can determine if he can take on your case and best represent you. Remember that there is an attorney-client privilege that prevents him from sharing your information with anyone else so you do not have to hold back anything relating to the situation.

Sometimes it is best to be preemptive when it comes to legal issues. If you are thinking about getting a lawyer because you are working on a new project, do not hesitate to call to see if you are at the stage where you need one. If you have been presented with a contract you are unsure about, calling a lawyer before signing anything binding is a safe option.

Do not forget that the services of a lawyer are not free. Make sure you understand how you will be billed. It could be a one-time fee, an hourly rate, or a monthly retainer. Have your potential lawyer outline the fees and when you will be billed before agreeing to let him take you on as a client.

Call Klish and Eldreth to speak with an entertainment attorney in Charlotte NC if you have legal issues relating to your work in the entertainment industry. We can help you with contracts, licenses, and many other areas of this type of law.

December 21, 2016
by Raleigh Lawyer
Comments Off on Do I Need an Entertainment Lawyer?

Do I Need an Entertainment Lawyer?

In this series, we have covered the basics of entertainment law, from defining what it is to learning more about what an attorney does in this area of law. Now you may be wondering if you need an entertainment lawyer in Charlotte NC. Let’s take a look at reasons why you may need one.

Do I Need an Entertainment Lawyer in Charlotte NC?

Entertainment lawyers represent people in the industry when it comes to transactions such as contracts or agreements. They also handle lawsuits and other litigation.

This area of law is often divided into the following subcategories:

  • Film
  • Multimedia
  • Music
  • Publishing
  • TV and Radio
  • Theatre
  • Visual Arts and Design

If you work in any of these fields and have questions regarding legal matters, you may benefit from speaking with an entertainment lawyer.

An artist, writer, or musician may have questions about their work and how to protect it from being reproduced without their permission, or they may have questions about how to license their work for profit. An entertainment lawyer can help someone copyright a work, if needed, and can also review contracts before they are signed.

Film producers may need help optioning a film, negotiating contracts with talent and crew, or drafting a contract for locations. They may also need to see if they are compliant with the Screen Actors Guild (SAG), which regulates the working conditions for actors. An entertainment attorney can advise on these matters and more in the area of film production.

People who work in multimedia may not think they could benefit from talking with an entertainment lawyer, but their creations fall under the same guidelines as art, music, and film. Software can be copyrighted in order to protect it from duplication. Video game developers may need to protect their characters from unauthorized use.

Those who work in publishing may need help creating contracts for their authors and may be able to use the input from an entertainment lawyer. They may also need help if they are targeted in a defamation lawsuit, which is when someone alleges that false statements were said or written about them. Publishers can also talk with an entertainment attorney to establish guidelines on how to best avoid defamation claims.

A company who works with artists, musicians, and writers may need help from an entertainment lawyer when it comes to negotiating deals such as work for hire agreements, optioning rights, purchase agreements, and other types of contracts involving the use of a creative work.

Someone who has had creative work stolen but does not know how to proceed can talk with an entertainment lawyer to see what steps he or she should take next. This area of law also includes intellectual property law, which protect a person’s work from being stolen or used without permission.

A person or company in the entertainment field being sued over something related to work they are using, contracts that were negotiated or a defamation claim may want to speak with an entertainment lawyer to see their options.

If you have decided you need an entertainment lawyer, call our entertainment lawyer in Charlotte NC at Klish and Eldreth. We can help you with any needs you have pertaining to entertainment law including contracts, licensing and defamation issues.

December 19, 2016
by Raleigh Lawyer
Comments Off on What Does an Entertainment Lawyer Do?

What Does an Entertainment Lawyer Do?

Next in this series on entertainment law, we are going to talk about what an entertainment lawyer does for his clients. This branch of law helps people in the entertainment industry with various legal matters such as contract negotiation, intellectual property law, and defamation. It can also include other areas of law depending on the legal matter.

What Does a Charlotte Entertainment Attorney Do?

A Charlotte entertainment attorney can focus on transactional work or can litigate, or he can do both. Transactional lawyers focus mainly on contract work. This can include drafting contracts, reviewing existing contracts, and negotiating the details of a contract.

There are many types of contracts someone in the entertainment industry may need. Talent, such as actors or musicians, and the crew for a production may need a contract outlining the details of employment and pay. Contracts for locations being used for a production can also be handled by a Charlotte entertainment attorney.

Both types of contracts will be reviewed to ensure that industry standards are being met and that his client is being protected. The employee or employer can seek the help of an entertainment lawyer when drawing up these types of contracts.

An entertainment lawyer can also help protect the property of an artist through intellectual property law. This includes helping to secure copyrights or trademarks, which protect a person’s creative work from being duplicated or reproduced by an unauthorized party. It also includes working on negotiations for licensing a creative work for use in movies, television, commercials or video games in order to profit from and protect the work or brand.

On the other side, a company or producer wishing to use someone’s work in their own production may need an entertainment lawyer to help secure rights to use it. A production company may also need the advice of an entertainment lawyer when it comes to Screen Actors Guild (SAG) compliance. This group establishes the working conditions and pay for hired actors and musicians.

Some entertainment attorneys may develop relationships with managers, publicists and studios in order to stay abreast of trends so that he can have a stronger knowledge of industry standards and get the best deals for his clients.

Entertainment lawyers may also represent clients who have lawsuits or want to pursue a suit against someone. These cases can include copyright infringement, licensing issues, or defamation.

People in the entertainment industry are susceptible to defamation cases in which someone speaks falsely in order to damage someone’s image. If someone is accused of defaming another person, or if you are the person being sued for defamation, a Charlotte entertainment attorney can help review your options in either situation.

There are several categories within entertainment law, including film, music, publishing, multimedia, visual arts, and theatre. Some choose to focus on one area rather than cover them all.

If you have questions about entertainment law, call our office at Klish and Eldreth to speak with a lawyer. We can help you with contract negotiations and other matters that may arise from working in the entertainment industry.