John J. Tollefsen’s Answers

John J. Tollefsen

Seattle Lawsuit / Dispute Attorney.

Contributor Level 7
  1. Why do lawyers and law firms participate on Avvo answers?

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Sharon Elizabeth Chirichillo
    3. Lawrence Neil Rogak
    4. Benjamin Kirke Sanchez
    4 lawyer answers

    In the mid 1800's some lawyers started to print their names and areas of practice on envelopes used for mail. It was referred to as "advertising" and considered shocking and unethical. Soon many lawyers were doing the same. In the 1960's, some bar associations (like Oregon's) protected the profession by making the minimum (not maximum) fees charged part of the ethical rules. The Federal Trade Commission sued on restraint of trade theories and the bar associations repealed these ethical...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  2. Contract validity

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Okorie Okorocha
    3. Benjamin Kirke Sanchez
    4. Brian J. Passante
    4 lawyer answers

    The validity of the contract depends on its terms. Read the fine print. Generally service contracts are not assignable but you may be able to work out an arrangement with the service company. Usually your company will remain liable on the service contract for its term if the other company does not pay the amount due.

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  3. How can a small business be proactive about Electronic Discovery?

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Brian J. Passante
    3. Andrew Armour Magwood
    4. Keith Samuel Hasson
    5. Gerry J. Elman
    5 lawyer answers

    It is a good idea for even small companies to have a written document retention policy (DRP). Data maps are simply a tool that can be either beneficial or harmful depending on the facts and situation of a particular case. Your DRP should be designed for both offensive and defensive purposes. If you do not save the evidence that exculpates you, you may not be able to provide an adequate defense. If you do not have evidence to prove your claim, you cannot prevail as a plaintiff. If you keep...

    2 lawyers agreed with this answer

  4. How can I collect judgement issued by Turkish court from a Washington state registered business owner?

    Answered about 2 years ago.

    1. Michael Duane Daudt
    2. Irving A Sonkin
    3. John J. Tollefsen
    4. Pamela Koslyn
    4 lawyer answers

    Washington has enacted the Uniform Foreign-Country Money Judgments Recognition Act (RCW Chapter 6.40A). You can enter the judgment in Superior Court but may face a challenge if the Turkish judgment violates Washington public policy (e.g. lack of due process).

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. WA white collar crime laws

    Answered about 6 years ago.

    1. John J. Tollefsen
    2. Matthew Ryan King
    2 lawyer answers

    John, Usually suing the embezzler is sending good money after bad. However, if you believe the obligation is collectable, you should hire someone who has experience in the field. You search under the keyword “fraud” on the Internet. Most business litigators can do the work. It is helpful if the lawyer is a certified fraud examiner. The judgment you obtain for fraud is generally nondischargeable in bankruptcy and will last 20 years (including one renewal). We have more information on the subject...

    1 lawyer agreed with this answer

  6. Business set-up

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Lawrence Neil Rogak
    3. Sean M. Sweeney
    3 lawyer answers

    No one goes into business expecting to fail. But most small businesses fail. It is wise to decide in advance who will be responsible and how the obligations will be handled if the business fails. Even if the business is successful, many issues arise that should be handled in advance (e.g. divorce, new partners, sale of business, sale of partnership interest, retirement, and how to handle disagreements such as working hours, new employees, and the direction of the firm). Expect to spend $1,000...

    1 lawyer agreed with this answer

  7. Debt responsibility

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Kevin M. Veler
    2 lawyer answers

    It depends on the terms of the contracts. Generally vendors require personal guarantees from small corporations. Check the agreements and determine whether they include a personal guarantee. To avoid personal responsibility, the contracts should be signed by an authorized representative of the corporation ONLY in his or her representative capacity (e.g. ABC Corp by Judy Jones, President).

    1 lawyer agreed with this answer

  8. Amended contract

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Okorie Okorocha
    3. Brian J. Passante
    4. Keith Samuel Hasson
    4 lawyer answers

    Generally a contract cannot be amended without notice. The gym contract is probably covered by your state’s consumer protection laws and you may have additional rights. If you continue to use the gym or pay the fees after receiving notice of the change, you may be deemed to have accepted the change in the contract terms. Read the fine print in the contract to see what the agreement says about amendment. You may find that you have agreed to allow amendment in certain circumstances.

    1 lawyer agreed with this answer

  9. Storing company emails

    Answered about 7 years ago.

    1. John J. Tollefsen
    2. Benjamin Kirke Sanchez
    3. Brian J. Passante
    4. Andrew Armour Magwood
    4 lawyer answers

    There is no easy answer to this question. Your company should consult with a litigation expert and develop a written document retention policy to cover this issue.

    1 lawyer agreed with this answer

  10. LLC conversions

    Answered about 7 years ago.

    1. Sharon Elizabeth Chirichillo
    2. John J. Tollefsen
    3. Brian J. Passante
    3 lawyer answers

    This question involves a number of business and legal. There is no “conversion” as such in most states but the business can be run in a LLC form through a number of techniques (see Virginia - VA section 13.1-722.9 for one of the states that allow direct conversion). Even if state law allows simple conversion, there are complex tax issues. The conversion may be treated as a liquidation of the S corporation. When a corporation liquidates, the corporation is treated as if it sold all of its...

    1 lawyer agreed with this answer

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