If you are reading this article, I’m willing to bet that you’re either fairly new to real estate or are new to the idea of liability. Either way, if you haven’t been in a situation where you have had to deal with a party who has caused you to be responsible for their actions through negligence or wrong doing, you are not an expert on the subject. You need an attorney, not a handyman! So what do we mean by an attorney and why do we need them when dealing with the judicial system? Well, we could take an entire day to ramble on this topic. However, below is an explanation of just a few reasons why an attorney is needed when you are in a lawsuit or claim of some sort.
Protecting Civil Rights – All humans in this country are endowed with certain civil rights. Civil rights are not only meant to give you the right to vote, they are also meant to protect your civil rights in other areas of your life including religious and other personal beliefs. Unfortunately, those who claim to speak for those who cannot speak for themselves will try to use any method they can to silence opposition. In this matter, the attorney is truly the voice of reason in a court of law or in the political realm.
Standing Up To Corporate Intolerance – This goes hand-in-hand with protecting the rights of individuals but also goes hand-in-hand with individual rights. Those who are considered to be small business people are typically under fire from large corporations due to the fact that they do not wish to be limited by laws or regulations put forth by a corporate entity. Many times these companies will attempt to have their way by using minor legal tactics that seem reasonable at the time, but which in reality do more harm than good later down the road. This is why we see so many businesses filing for bankruptcies when a legal battle brews between them and a corporation that they are involved with.
Individual Rights – The court of law has the ability to rule on all legal matters; the issue here is ensuring that all individuals are treated equally under the law. In this instance, the term “natural person” refers to everyone existing in the United States, not just citizens. The court generally looks to a person’s status as a juridical person (personage), and not a natural person (who does not have a flesh and blood). The court does not look at a person’s gender, race, religion, age, or any other such natural characteristic. In essence, the court rules based on what a person, an individual, looks like under a microscope.
The issue of personality therefore becomes important here, when we consider corporate identity, corporate law, and the protection of individual rights. If a company is found to have disregarded the requirements of its corporate citizenship law (the personhood of a corporation), then that company is guilty of a crime. For instance, if a corporation abides by a mandatory international agreement to which it is a party, but is unwilling to adhere to that agreement’s terms (such as not putting arms in Iraq), then that corporation is committing a crime. Similarly, if an organization abides by the rules of its internal or organizational court, but is nonetheless found to be guilty of human rights abuses in its operations, then that organization is guilty of human rights abuses, even if it happens within the jurisdiction of that internal court.
It should be noted that corporate law is only a part of the overall body of law known as criminal law. A criminal conviction also must occur within the jurisdiction of the courts of law in which the corporation has been established. Corporations have gained worldwide recognition for their vast resources and their ability to act as one unit for the benefit of all human beings. However, in order to maintain a place in our society as legitimate entities, corporations need to work with the same level of diligence as all other legal individuals, while respecting the uniqueness of their natural persons.