January 2014

Duty to Read

When you sign a contract, the law presumes that you’ve read it and understand its contents. This is commonly known as the “duty to read.” The duty to read is one of the concepts that tripped up plaintiff Victoria Major in this case about a browsewrap “contract”; although Major never read the website’s terms of use, she was held responsible for agreeing to them.

In the words of one Missouri court, the law “presumes that a party had knowledge of the contract he or she signed; and those who sign a contract have a duty to read it and may not avoid the consequences of the agreement on the basis that they did not know what they were signing.” Grossman v. Thoroughbred Ford, Inc., 297 S.W.3d 918, 922 (Mo. App. W.D. 2009).

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Post image for Why I Started My Own Law Firm

I announced Wednesday that I’m launching Blue Maven Law, LLC, a boutique law firm that will focus exclusively on small business mergers and acquisitions, while remaining with Evans & Dixon, L.L.C.

This post explains why I decided to start my own firm and what I hope to accomplish.

It’s no secret that the legal services industry is undergoing significant changes. The prevailing law firm model is under tremendous pressure: A number of well-known firms have folded. Experienced and effective lawyers have found themselves out of a job and looking for work. Equity partners have been de-equitized. Non-equity partners and associates have been fired. Secretarial ranks have been thinned. This is the result of the recent deep recession; it’s also the result of business reality forcing itself upon a reluctant profession.

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Post image for Did You Miss My Best Stuff in 2013?

Well, it’s the first day of the year, and I’m excited to see what 2014 has in store. I’m looking forward to more blogging about contracts and the business of law here, as well as working on Blue Maven Law, LLC, my new project that I’m launching today.

One of the best decisions I’ve made in recent years was pulling the trigger on launching this blog three years ago. I’ve met a ton of great people through the blog and other web 2.0 platforms. My life–both professional and private–is much more full than if I’d remained in the shadows. Since I launched the blog, I’ve averaged a little under one post per week, although I’ve been pretty silent for the past several months as I’ve focused much of my energy on my new law firm concept.

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