Michael Gangadeen - The Drawbacks of Arbitration

Michael Gangadeen has been an attorney long enough to know that while arbitration has the obvious benefit of keeping disputing parties outside of the court system, it has its drawbacks. He’s worked in the profession for more than 20 years, during which time he’s learned to understand that arbitration might not be the answer for many legal disputes. The following are a few drawbacks of the process, as highlighted by Mr. Gangadeen.

No guarantees
With arbitration, there are no guarantees that the process will be fair. A decision made in arbitration proceedings is binding on both parties, whether they like it or not. Plus, there’s no right to appeal, so the parties might be at the whims of the arbitrator. This is probably the biggest disadvantage of arbitration.
In the event one party is concerned that in the event of a dispute the matter may be deliberated by a large jury, that party would want to include an arbitration clause so as to ensure disputes don’t end up in court. For example, an employer who is concerned about a large jury verdict on a wrongful termination dispute might insist on an arbitration clause in the employment contract. Likewise, a medical provider would want patients to agree to an arbitration clause if they see the potential jury award in a malpractice lawsuit.
Ironically, as Mr. Gangadeen notes, the presence of an arbitration clause may encourage parties to dispute about an issue unnecessarily. Without an arbitration clause, the parties might be more motivated to compromise rather than opt for lengthy court proceedings. If the arbitration clause is present, there might not be the same motivation and parties may opt to dispute rather than work out their differences.
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Michael Gangadeen - Who to Hire, a Real Estate Agent or Attorney?

In the process of buying property, you may have considered hiring either a real estate agent or attorney to guide your efforts. Choosing between either can sometimes be confusing as their roles sometimes overlap and it might not be easy to see the benefit of having one over the other. Michael Gangadeen, an experienced attorney who’s worked on real estate cases in his career, offers a few insights that might help clients facing this predicament.

According to the law

Every state has its own rules that govern real estate transactions. In many instances, a real estate agent is not legally required, though they can help you with aspects that are legal in nature, such as drafting the purchase agreement. Some states, however, will require that only a lawyer draft the legal documents or close the deal.

Hire an agent

The home purchase process is complex, and many people find it easier to comprehend with an agent by their side. The paperwork alone is tiresome, and it helps to have someone conversant with the process offering insights. To an experienced agent, the process is second nature: they can simplify the various stages of the transaction and probably have valuable contacts you can use.

Hire an attorney

Except in states where it’s a requirement, you may not need an attorney’s help in the purchase process. However, as Mr. Gangadeen has witnessed regularly, legal issues come up that require an attorney’s perspective. Even if the agent is knowledgeable about the process, only an attorney can make judgments on legal issues. Besides, attorneys are also the right people to answer any concerns you have on the legal agreements.
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Michael Gangadeen - The Attorney’s Role in Real Estate

For many people, the sale or purchase of their homes will be one of the major financial decisions they ever make. As Michael Gangadeen, an experienced New York-based attorney who’s handled a number of real estate transactions know, the importance of conducting such transactions the right way cannot be overstated. From the day you make the decision to buy a home until the time you become its legal owner, there are a number of decisions you must make that have legal ramifications. Michael Gangadeen breaks down a few aspects of where legal representation is of benefit.

 The real estate agreement

The agreement, or contract, is an important document that contains all the terms of the purchase, including the price, payment period and/or plan), a report of the property being purchased, and any conditions attached to the purchase. You are expected to read the contract before putting pen to paper. If you have any concerns regarding any aspect of the contract, your attorney should help clarify matters.

Title search

If you plan on taking a loan to facilitate the purchase, the lending institution may require your attorney to scan the land records to ensure the property is free of, among other things, claims by others, unpaid taxes, defective deeds, outstanding deeds of trust or mortgages. Even if you don’t take out a loan, you should still have your attorney scan through the records.

Closing

Your attorney is responsible for preparing the closing documents and ensuring they are properly executed. They will also make copies for you and provide an itemized record of all money paid by you for the process.

ItsMyURLs: Michael Gangadeen's URLs

ItsMyURLs: Michael Gangadeen's URLs

Michael Gangadeen - The Basics of Personal Injury Law

In his more than 20 years of legal experience, Michael Gangadeen has dealt with numerous personal injury cases to know that compensation is sometimes necessary for the pain and confusion caused. If you or a loved one has had an accident or injury and are looking to protect your legal rights by knowing more about personal injury cases, the following information might provide the answers you need.

Michael Gangadeen

Personal injury case

Personal injury cases arise when an individual suffers injury or harm from an accident, and another person (or party) may be legally responsible for the injury. Such a case can be taken through legal proceedings to find the person/entity legally at fault, or as is more common, reach an informal settlement before the filing of the lawsuit.

Formal lawsuits typically start when private individuals (plaintiffs) file a civil “grievance” against a person/entity (defendant) alleging that the latter is legally at fault for causing an accident or injury. In many cases, both sides resolve the matter through informal settlements, which typically takes the form of negotiation.

Statute of limitations

Plaintiffs are limited to the period of time in which they can file a lawsuit, legally known as a statute of limitations. This period begins when a plaintiff discovers the injury or suffers harm. State laws dictate the statute of limitations for various injuries, and these will vary with every state.

Personal injury law has taken on a development path that is unlike other legal areas. Court decisions have largely shaped the course of personal injury development and remain the main source of law in many states.

Michael Gangadeen is an experienced lawyer running a firm in New York City.