Mediation, Arbitration, and Litigation

Legal jargon can be quite confusion to those caught in the middle of a legal dispute. Facing legal action, whether plaintiff or defendant, can be stressful enough, much less trying to understand the terminology. If you find yourself in such a dispute, the first thing to do is to secure legal counsel, as an attorney is your best bet in guiding you through the legal process and offering legal advice to aid in your case. The second step would be to educate yourself on some of the more common legal terms that you are likely hear, a lot, throughout the dispute.

Mediation

Mediation has become a very popular and successful way to resolve legal disputes. A third party, or mediator, who is neutral to the case is designated to assist the parties in coming to an agreement. While mediators are typically attorneys, they will not provide legal advice to either party. Mediation allows each party in the dispute to argue their position in an atmosphere that is more relaxed and offers the individuals an opportunity to negotiate a resolution that eliminates the need for expensive, costly litigation.

Arbitration

In the arbitration process, the disputing parties can agree to have one or more individuals hear their case, and thus, make a final decision based on the hearing. The arbitration process shares similarities to that of a trial but is not as formal or lengthy. Arbitration can be binding or non-binding.

  • Binding Arbitration – The decision is final and enforced by the courts. Appeals are very limited.
  • Non-binding Arbitration – The arbitrator’s decision must be accepted by both parties in dispute.

Litigation

Litigation is, perhaps, the most formal and costly process of dispute resolution and is handled within the court system. Because a judge oversees this process, the outcome can be uncertain, making litigation unpredictable and stressful for the parties involved. In litigation, it’s essential to partner with a litigation attorney who understands the rules of the court, document filing requirements, and most of all, who can guide and represent you throughout the entire process.

Ted Bendelow of Bendelow Law Office has extensive experience in litigation counsel. He has practiced law in Denver, Boulder, Longmont and throughout Northern Colorado for over 40 years. As a seasoned litigation attorney, Ted Bendelow will not only represent you in your legal dispute, he will be a partner throughout the entire process. With specialties ranging from contracts or real estate law, to land use and intellectual property law, Ted Bendelow has a proven track record in litigation, representing the largest of corporations and individuals, alike.

If you live in Boulder or throughout the Northern Colorado Front Range and are facing a legal dispute, call Ted Bendelow at Bendelow Law Firm, LLC today.

General Counsel Attorney, Boulder

When faced with a legal issue, one of the first questions you may ponder is who to call for legal advice and counsel. The challenges and complexities of law can be overwhelming, especially to those who aren’t ‘experienced’ in the field, so when confronted with a legal matter, it’s essential to partner with a seasoned attorney who can help.

Ted Bendelow of Bendelow Law Office, LLC is an experienced attorney serving Boulder and the Northern Colorado Front Range. His expertise as a General Counsel Attorney spans over 40 years. Ted Bendelow believes in a strong client/attorney partnership. He will take the time to listen to his clients and assess their needs so that the best plan of action is determined. His experience includes an array of diverse legal subjects, so you can rest assured that you will be adequately advised and represented.

Ted and the team at Bendelow Law Office, LLC are capable of handling legal matters that range from contract negotiations to litigation. A selection of his legal expertise includes:

Trusting an attorney who can address your situation and provide sound advice and representation can make all the difference in the overall outcome of a legal issue. Whether a large corporate entity or an individual, Ted and the professionals at Bendelow Law Office, LLC have proven time and time again that, regardless of complexity or scope of the legal matter, they have the experience and know how to effectively guide you.

If you live in Boulder, Longmont, Denver, or in the neighboring communities and find yourself in need of a trusted General Counsel Attorney, call the legal team at Bendelow Law Office, LLC for a consultation. Don’t face legal issues alone, call Bendelow Law Office, LLC today.

Litigation Attorney, Boulder, CO

When faced with a personal or business legal dispute, understanding the complexities of the matter and how to resolve the dispute can be overwhelming. Finding a trusted attorney to partner with who can offer sound advice and provide extensive legal expertise is essential to a positive outcome. Ted Bendelow of Bendelow Law Office, LLC is a seasoned Litigation Attorney who has provided counsel in Boulder and throughout Northern Colorado for over 40 years.

Litigation is a process should the parties involved not be able to resolve the dispute outside of court. There are several steps involved in litigation with the most common including:

  • Pleadings:  Each party in a lawsuit is required to file paperwork with the courts. The plaintiff files a complaint and the defendant files a response to the complaint.
  • Discovery: Typically the longest step of the litigation process, discovery is the collection of information, from both parties, that pertain to the lawsuit. All information gathered is meant to aid the parties and help their case. Such information can be in the form of documentation, witnesses, petitions, or any other means that exposes facts pertaining to the suit.
  • Trial:  If the suit cannot be resolved outside of court through mediation or arbitration, the case with then go to trial. At a trial, both parties will argue their case in front of a judge or a jury who will then decide the outcome of the suit.
  • Appeal:  If the outcome in a trial is opposed by either party in the lawsuit, that party can appeal the decision. An appellate court will review the previous proceedings and come to a decision based on their findings.

Litigation can be very complex, so if you find yourself involved in a lawsuit, it’s imperative to hire a litigation attorney who fully understands the process. Ted Bendelow of Bendelow Law Office, LLC has extensive knowledge of court proceedings, statues, document and filing requirements. Whether an individual or business bringing a dispute or defending against one, he has provided sound representation for parties involved in small contract disagreements to high stakes business disputes. If you live in Boulder, Denver, Longmont or anywhere throughout Northern Colorado and need a professional litigation attorney, call Ted at Bendelow Law Office, LLC today!

Estate Planning Boulder

Estate planning is the process of putting into place one’s wishes for managing and dispersing property, assets, or any other belongings, known as the “estate”, upon death. Estate planning also includes one’s final wishes, such as cremation or burial, instructions for care should the one planning become disabled, specifying a guardian for minor children, and any other important details that pertain to one’s life and that of their family.

Estate Planning not only designates beneficiaries or specifies instructions and wishes to be honored, it also minimizes potential legal obstacles that can occur when an estate plan is not available. It can also help to reduce taxes, such as gift or income tax, and be advantageous for the process of probate. Ultimately, an estate plan can save your family time and unnecessary expense in the long run.

The purpose of estate planning is to outline what is expected should you become injured or disabled, or when the inevitable happens. It is intended to offer peace of mind for the one planning and their family. For most of us, it’s easy to overlook the necessity of planning for the future. There are many reasons that estate planning is put on the back burner with the most common being youth, busy lifestyles, or just plain denial. Death is predestined, it’s just a matter of “when”, and since there is no way of knowing exactly when that day will come, having a plan in place is probably the greatest gift you can leave your loved ones, regardless of age or assets.

Ted Bendelow at Bendelow Law Office, LLC has offered Estate Planning services in Boulder and the Northern Colorado area for over 4 decades. With his extensive knowledge and experience, Ted Bendelow can provide you with sound legal advice and create an estate plan catered to the needs of you and your family. If you live in Boulder or the surrounding areas, call Bendelow Law Office, LLC to discuss your estate plan today!

Power of Attorney Boulder, CO

What is a Power of Attorney?

A power of attorney is an important legal document that is used by an individual (the principal) to grant specific rights to another individual or group (the agent) when deemed necessary. These flexible documents can be customized to express the specific rights granted by the principal and are an important part of the principal’s estate plan. A power of attorney can become effective immediately, on a specified date, or upon the debilitation of the principal, and can terminate on a specific date or when the principal dies.

The power of attorney in Colorado is known as “durable”, unless otherwise noted. A durable power of attorney allows the agent to make decisions even if the principal is incapacitated. For example, if the principal has an accident and becomes disabled, the specified agent can instantly take over finances, make health care or legal decisions for the principal, etc. It’s very important to note that when choosing a power of attorney, the agent should be someone who is strongly trusted, such as close relative, friend, or spouse and that the durable power of attorney can be revoked by the principal at any time.

No one can predict the future or knows for sure if they will have to one day rely on someone to make serious decisions for them, but they can plan for the future. Part of that planning should include what needs to transpire should debilitation occur. Having a legal plan of action, such as a power of attorney, can alleviate the worry and stress of wondering who will take care of important matters on your behalf should you be unable to.

Acquiring an attorney who is qualified in estate planning can be most advantageous when choosing to have a power of attorney drafted. An experienced lawyer can effectively write the document so that it expresses the principal’s objectives and intentions. Not only can an attorney draft the document, they can assist the principal with lawsuits or claims should there be a breach on behalf of the agent.

Ted Bendelow of Bendelow Law Office LLC has over 40 years of legal expertise. His broad range of experience includes general counsel and everything in between. If you live in Boulder, Longmont, Denver, or any of the surrounding communities and need a power of attorney, or any other legal advice, call Ted Bendelow of Bendelow Law Office LLC today.

Employment Lawyer Boulder, CO

Employment law, also known as labor law, is an area of law that focuses on the rights and duties of the employee and the employer. Employment law is designed to safeguard workers in terms of workplace safety, wages, discrimination, hours, and working conditions. While federal labor laws are in place to set a baseline of rules, state labor laws can vary. For example, the federal government requires a minimum wage of $7.25, yet many states have increased that wage, requiring employers in those states to comply.

Why would you need an Employment Lawyer?

As an employee, there could be issues in the workplace that may require legal representation from an experienced Employment Lawyer. Discrimination or harassment by the employer, unfair practices on behalf of the employer, wages withheld, unlawful termination or conduct, or unsafe working conditions are all good examples of why an employee should seek legal counsel. Other legal matters, such as employee contracts, might also warrant the need for an employment attorney.

As an employer, an employment attorney can be quite beneficial when it comes to seeking advice on making decisions in regard to the employee. Such decisions can relate to firing an employee, classification of an employee, changing or eliminating pension plans or benefits, etc. An employment attorney is also a valuable resource when it comes to reviewing employment agreements and contracts, or company handbooks and policies. If an employer finds himself the subject of a complaint or lawsuit, retaining an experienced employment attorney is highly recommended.

Ted Bendelow of Bendelow Law Office, LLC of Longmont, CO has been practicing law in Longmont, Boulder, Denver, and Northern Colorado for over 40 years. In addition to his Juris Doctor in Law, Mr. Bendelow holds a master’s degree in industrial and Labor Relations from Cornell University. With a broad range of business knowledge and legal expertise, Ted Bendelow understands the complexities of labor law and can offer sound legal advice or representation to employers and employees, alike. If you live in Boulder or the surrounding areas and need legal representation, give Ted Bendelow at Bendelow Law Office, LLC a call today.

Corporate Law

Corporate law, also known as corporation or company law, has a close relation to contract and commercial law. It focuses on the formation, or structure of a company, along with the operations of that company. Each state has laws in place to regulate the creation of corporations, as well as their organization and dissolution. These laws can vary from state to state. Corporations are also subject to federal laws and regulations, depending upon the industry.

Corporate lawyers are experienced in handling a wide range of legal issues that many businesses can face. From multimillion-dollar mergers to a small business start-up, corporate attorneys can advise a business on a wide-array of legal matters, including the structure of the corporation, legal rights and responsibilities of the company, its obligations, contracts, environmental law, finances, and business taxes, to name a few.

While not all business transactions will require the need for a corporate attorney, some transactions or legal matters do call for advice or counsel that only an experienced and knowledgeable corporate lawyer can offer. Ted Bendelow of Bendelow Law Office, LLC has been practicing law for over 46 years. Ted Bendelow has a vast knowledge of corporate law. Some areas of expertise include:

• New Business Set-Up
• Mergers and Acquisitions
• Compliance
• Business Finance
• Sales and Dissolution
• Business Litigation
• Contracts
• On-Going Legal Services

If you live in Colorado and find yourself needing the counsel of a seasoned corporate attorney, call Ted at Bendelow Law Office, LLC. Ted has worked with individuals, government agencies, HOA’s, small businesses, corporations, associations, and partnerships. Ted Bendelow’s extensive knowledge and experience in business is unmatched. From Trademarks to complex litigation, Ted Bendelow at Bendelow Law Office, LLC offers his legal expertise in Boulder, Longmont, Denver, and throughout Northern Colorado. Whether Corporate law or general counsel, Ted Bendelow is the attorney to call!

Copyright Law

Copyright Law is designed to protect those who use their creativity, ideas, or intellect to produce various forms of work which can include poems, music, literature, architecture, art, film, photography, or computer apps or programs, to name a few. Such law prohibits others from taking or using your work without consent and profiting from it. A Copyright, also known as Intellectual Property, should be registered for the owner to be protected under Copyright Laws.

The moment an intellectual work is created and produced in a “fixed” form, such as a written manuscript or a videotape, a Copyright automatically exists and is owned by the creator. While registering a copyright for your tangible work is not necessarily required, it is a good idea, especially if the need arises to pursue legal action for Copyright violation or infringement. Infringement occurs when one’s work is copied and used without the permission of the Copyright owner. That work is then used for financial gain. If the Copyright is registered, the violator can be sued for monetary damages by the owner of that Copyright.

An Intellectual Property, or Copyright Attorney can be advantageous when registering your Copyright or providing legal representation should your material be exploited. An experienced Copyright Attorney will have a thorough understanding of the necessary filings to legally register your Copyright, along with legal issues and court proceedings should a lawsuit arise. They can also provide legal counsel to those being accused of Copyright infringement.

Ted Bendelow of Bendelow Law Office, LLC has been providing legal counsel, to include Intellectual Property, for over 46 years. Ted has proudly served Boulder, Denver, Longmont, and Northern Colorado with great success, representing a diverse group of clients and industries. Whether an individual needing advice on Copyright registration, or a large corporation seeking representation, Ted Bendelow’s knowledge and expertise in Intellectual Property Law is unsurpassed. Give the experienced team at Bendelow Law Office, LLC a call today!

Breach of Contract

When two parties enter into a contract, they are legally bound to uphold the obligations or promises expressed in that contract. If either party fails to perform or adhere to the promises set forth, this is known as a breach of contract. A Breach of Contract attorney is usually the best option when it comes to understanding and interpreting the contractual obligations, and to provide counsel and advice in trying to settle any dispute. Ted Bendelow of Bendelow Law Office, LLC has been providing general counsel, to include Breach of Contract law for over 40 years.

There are different types of breaches of contracts that can occur. They include:

Minor Breach: A minor breach, also known as a partial breach, occurs when a party of the contract partially fulfills the contract but fails to meet a minor condition of that contract.
Example: A contractor completes the work stated in a contract, but is a week late doing so.

Material/Fundamental Breach: A material breach occurs when a party fails or refuses to perform what is outlined in an agreement. Such breach can result in the non-breaching party suing for damages and termination of the contract.
Example: A contractor agrees to build a 3,000 square foot addition to your business, but upon completion, there is only 2,000 square feet.

Anticipatory Breach: An anticipatory breach occurs when it becomes apparent that one party will not fulfill the terms outlined in the contract. When the aggrieved party believes that there has been an anticipatory breach, that party can sue for damages, demand terms be filled, or suspend the agreement.
Example: A service company agrees to perform work in a restaurant. The restaurant agrees to pay half of the repair expense up front to secure the job. The service company does not begin the work on the agreed date and continues to delay the repairs.

If handled correctly, many breaches of contract can be solved outside of the courtroom, saving time and money for the client. A skilled and knowledgeable Breach of Contract attorney can provide sound advice and offer mediation to facilitate constructive negotiations between the parties. Ted Bendelow of Bendelow Law Office, LLC understands the complexities of contract law and has provided his expertise to clients in Boulder, Longmont, Denver and throughout Northern Colorado. Give the experienced team at Bendelow Law Office a call today.

Contract Law

At one point or another, most of us have entered into some type of agreement with another party. If you have leased or purchased property, started a business partnership, or agreed on the price of home repairs or improvements, then chances are you have signed a contract to solidify the agreement made. These agreements, whether verbal or in writing (except for real estate, which must be in writing), are contracts and are legally binding, however verbal contracts can be more difficult to validate.

Contracts are written to express the responsibilities of each party entering into an agreement, and while this may seem somewhat basic, the way in which a contract is written can be quite complex. A poorly written contract can result in dispute and/or legal action, therefore, hiring a Contract Law attorney can make all the difference when it comes to contract formation and structure. Not only can a Contract Law attorney adequately assist in crafting a contract, they can offer advice on existing contracts and general counsel should a contract need enforcing.

For a contract to be legally effective, there are certain requirements that must be met. These requirements include:

Legal Purpose: The purpose of the contract must not violate any laws. For example, one cannot agree to steal a car in exchange for monetary gain.
Competent Parties: Each party entering into a contract must be of legal age and be of sound mind. In other words, those entering the agreement should be capable of doing so, while understanding what they are doing.
Offer and Acceptance: A contract is considered valid once an offer is made by one party and accepted by another. The offer must state what the “offeror” is committed to be bound to and agreed upon by the party accepting said offer, or the “offeree”.
Consideration: The concept of consideration is that each party of the contract agrees to provide something of value in exchange for the same. Without consideration, there is not binding contract.
Mutual Assent: Mutual assent is the agreeance of the two parties who are entering into a contract. Both parties agree to the terms set once all requirements are in place. Also referred to as the “meeting of the minds”.

Ted Bendelow of Bendelow Law Firm, LLC has over 46 years of general counsel experience to include Contract Law and Breach of Contract. He has proudly served clients in Boulder, Longmont, Denver and throughout Northern Colorado. If you need the expertise of a Contract Law attorney, call Ted Bendelow at Bendelow Law Office, LLC for a consultation.