Commonwealth Contract Myths
These are the types of enforceable contracts in the Commonwealth.
What are Oral or Written Contracts? (Oral with limitations (i.e. statute of frauds, leases over 12 months, etc...).
This is what one does to begin a lawsuit.
What is File a Writ of Summons or Complaint?
This is the classic example of an attorney conflict of interest.
What is it when an Attorney Has Represented Parties on Both Sides of the "V" (Pa.R.P.C. 1.7)?
This Latin phrase is used to describe a lawyer who is temporarily permitted to practice law in a state where he/she is not licensed?
What is Pro Hac Vice?
This is a Bargained for Exchange of Value.
What is Consideration?
This is how long a defendant has to respond to a civil lawsuit.
What is Twenty Days? (practically 30 - ten-day notice required under the rules).
Out of many this is the most famous legal Privilege.
What is the Attorney-Client Privilege? (Attorney Cannot Be Forced to Testify Against the Client).
This means "further on in the document?"
What is "hereinafter?"
These are the Elements of a Contract.
What are offer and acceptance?
These are Administrative and Procedural Challenges to a Lawsuit.
What are preliminary objections?
This is the standard for attorney-client representation.
What is Competent Representation (Pa.R.P.C. 1.1)?
You call a non-represented litigant this.
What is Pro Se?
These are the elements of a Legally Binding Contract.
What are offer, acceptance, and consideration.
This is the exchange of information before trial.
What is discovery?
This is a violation of the Advertising Rule of the Pennsylvania Rules of Professional Conduct (Pa.R.P.C. 7 et seq).
What is creating community confusion? (The 40% versus 25% local advertisement).
Evidence or statements offered for the truth of the matter asserted.
What is Hearsay?
This is the Party who must sign a contract.
Who is the party to be charged?
These types of Motions end a case.
What are dispositive motions? (Motions for Summary Judgment or on the Pleadings). Specific timing for each or waive...
This is a violation of the lawyer solicitation rule under the Pennsylvania Rules of Professional Conduct.
What is a person-to-person solicitation? (Pa R.P.C. 7.3(b)). Hence the reason referrals must reach out to us!
This is a "superior force" that prevents someone from meeting an obligation.
What is Force Majeure?