Jacobson & Associates | Legal

Jacobson & Associates

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24.01.2022 I am so grateful to everyone who has liked my page. Thank you for your support! 6 months in and I've managed to help more people than in the last 20 years of practice. If you know anyone who is looking for a lawyer who genuinely cares about their clients and their specific needs, please think of Jacobson & Associates.

24.01.2022 If only but you waited too long! Please do not wait to get legal advice until it is too late! It is not surprising that most people wait to see a lawyer until they feel that they need to. Usually they only seek legal advice once things go pear shaped (see my earlier article). The problem is that by the time they’ve spoken to a lawyer, they realise that they waited too long....Continue reading

22.01.2022 This cartoon took me an embarrassingly long time to get, which is sad for a guy who purportedly spends most of his days thinking outside the square. A bottle of good wine to the first person who posts an explanation why the dolphin objects!

14.01.2022 Hi everyone. I have just set up my Facebook page for my firm. I will be posting war stories, insights and other random legal stuff!

11.01.2022 Justice and the Law - A Short Discord on Naivety So, I've been thinking of something original to say about Law. No one really wants to hear about boring stuff, like changes to section 1045XX(3)(a) of the Taxation Act (not sure if that section exists) or the latest theory of jurisprudence (yawn)... But here's an interesting one - Justice. We bandy that word around all the time. Also, Principle, Fairness and Equity. Do these words have any meaning in the context of the Australi...an Judicial System, particularly in Civil Law, the area of law in which I practice? I recently appeared on behalf of a client in a Magistrate's Court trial. It was a relatively small matter, which could have been resolved easily, but for the represented parties’ insistence that Principle and Justice were more important than commerciality. After 5 years of interlocutory proceedings, they finally had their day in Court. At one point during the trial, my client intoned to the Magistrate It’s a matter of Justice, Your Honour! My legal opponent practically rolled her eyes 360 degrees. Justice, she mumbled. And then at a louder volume Justice! In quite a scary voice that she had reserved for demolishing my client in cross examination, she said Your Honour, I am sick and tired of the parties talking about Justice and Principle. There is no such issue before you Your Honour. All that is relevant, is evidence and the law. That is all! Well, I had to say something smart to counter that blasphemy. Your Honour I said in my best lawyer voice I used to believe in Justice and those sorts of things in law school. But over many years in litigation, about 20 I believe, I have been sadly disabused of that notion. I then continued bravely However Your Honour, my Friend [that’s how we address the other side, even if they’re cleverer than us] forgets one thing. We in the legal profession may have become inured to the idea of Justice, but our clients still believe in it deeply, including my client who sits before you today. Whew, what a moving speech. I felt like a C rated actor in a poorly scripted drama. But the more I thought about it, the more convinced I became that I was right. Most litigation lawyers may have abandoned Justice (at least the ones not fresh out of law school), because we have seen it fail our clients so many times. But that doesn’t mean that Justice doesn’t exist. It may have died in the heart of the Judicial System, but it shines resplendent in the hopes and expectations of our clients. So, when I become despondent about the J word, I think of my 76 year old Sicilian client, who believes in that idea more than I do. He is the reason I do this job, because he and others like him, inspire me to remember why I embarked on this crazy career in the first place.

09.01.2022 Hi everyone! I have not treated my Facebook page for Jacobson and Associates with much love over the last year. Those days are over. I intend to post some interesting blogs over the next few weeks, which I hope you will enjoy. I would also like to invite you to my new look website at www.jacobsonassociates.com.au. In the meantime I am here to help. Call me if you have any legal queries, I don't charge for first consultations and if I can help you with a query over the phone, I will be happy to do so.

05.01.2022 Tying Up Those Loose Ends - Purchasing a Business I’m sitting in my favourite barber shop, ‘Barberchops’ sipping a delicious coffee made by Barry, waiting for an overdue haircut. Doing as I am want to do, I start thinking about all of the legal issues that Barberchops must have dealt with when setting up its successful business. The first thing that comes to mind, is the original purchase of the business. I have helped several clients purchase new businesses and there are a ...Continue reading

01.01.2022 Protect Yourself from Pears! Just a quick post today. Of course, we all need to protect ourselves from the nasty world out there, but today, I’m referring specifically to legal agreements. I have lost count of the times where clients have said to me: He was my best friend/partner/brother and I trusted him with my life! There was no need to put anything into writing because we shook hands/bumped chests/rubbed noses... And of course, eventually this iron clad verbal agreement goes pear shaped (please now refer back to title and have a sensible chuckle). Letters of demand and litigation ensue and sadly, best friends become sworn enemies. This can be avoided by putting your verbal agreement into writing. A written legal agreement clearly sets out the rights and obligations of the parties, expressly dictates the parameters of the arrangement, provides indemnities if necessary and contains dispute resolution mechanisms. If things go pear shaped, as they sometimes do, the parties will have recourse to a written document, which will provide tangible guidance to resolve the dispute, or to part ways without needing to have recourse to litigation. Sometimes even if you do have a written agreement, it is worthwhile having a lawyer review the terms and conditions of that agreement. This is because lawyers do not only provide advice about what is written in the agreement, but what is not! It’s the missing parts that can cause the most trouble and a good lawyer will provide advice on the parts that are missing from your agreement. It always helps to have a fresh pear of eyes!