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Frequently Asked Questions

 

Q. Is there any method by which I could avoid having to litigate a lawsuit against a foreign corporation in that corporation’s home country?

 A. Yes. If your contract with the foreign defendant has a well drafted jurisdiction clause requiring any legal disputes arising from the performance of the contract to be litigated in your home country you would most likely be able to require the foreign defendant to play on your own home field. The “home field advantage” would then be yours. Your legal and travel expenses would be greatly lessened. Also, you would have the advantage of the more favorable damage awards and laws of your home country if they exist. For that matter, a well drafted contract could very well require the parties to litigate any contractual disputes in a third country of your own choosing.

 

 Q. In Georgia, would the failure of a driver or passenger killed in automobile accident to be wearing an operable seat prevent that person from recovering damages for wrongful death if the other driver was found to have negligently caused the accident?

 A. No. While the fact that the deceased could have been wearing an operable seat belt at the time of the crash, but was not, can be taken into consideration by the jury as to the degree of negligence of the deceased, it only can serve as a basis for reduction of damages but not necessarily to entirely defeat an award to the plaintiff. This is because Georgia is what is termed in the law a “comparative negligence state”, that is each party’s negligence, if any, will be compared by the jury to the negligence of the other party and the amount awarded may be reduced by that amount. For example, in this scenario let’s say a jury determined that a plaintiff’s proven damages are worth an award of $20,000,000.00. Then, the jury determined that 20% of the fault for death lies with the failure of the deceased to have been wearing his or her seat belt. The jury could then reduce the award to plaintiff by 20% and award plaintiff $16,000,000.00.

 

Q. What does an entertainer’s manager do?

 A.  Basically, the manager serves as a rudder so as to guide the entertainer’s career. The manager is responsible for the artist’s career development, providing personal advice and guidance, and establishing a well devised game plan for the artist’s career path. Managers, if a licensed attorney, help the artist procure, negotiate and draft contracts of various kinds such as those involving record deals, concert tours, overseas promotional materials, or hiring of record producers. The best manager an artist could have is one who will help the artist “to be all he or she can be”, and help the artist “maximize his or her potential”. The best manager is like a trusted friend and confidant. 

 

 
"A man who is his own lawyer has a fool for a client"

- Hunt