T. James Truman & Associates

T. James Truman & Associates We welcome the opportunity to be of service to you. We feel we have the experience and qualification Truman hasn't run into before.

We practice in all areas of the civil law, including personal injury, business law, business planning, corporate law, registered agent services, construction law, mechanic liens, contracts, real property law matters, all areas of the probate process and Estate Planning to a simple Will. Additionally, our firm is capable of providing legal services in many facets of construction litigation, includi

ng contracts, liens, performance and payment bonds, together with Contractors Board licensing issues. With over 25 years of experience in and out of the courtroom, there aren't many cases or situations that Mr. We specialize in collecting past due accounts, and can even handle minor criminal matters such as negotiating traffic tickets, all the way to felonies. The firm has two excellent paralegals with over 40 years of experience between them. We have the experience and qualifications to ensure that our clients receive the highest quality professional representation.

12/03/2018

Please come and join us for a holiday luncheon!!

07/23/2014

We are a full service firm! We can handle your case from start to finish - from demand letter, to complaint, to judgment, to collecting on the judgment, This is what our client, Las Vegas Wrought Iron, has to say about a matter we recently handlied for them:

"Good for you! Great job done by you and Beverly!! I just want you to know how very much you and your staff are appreciated. I have dealt with a great many attorneys in Las Vegas over the years, and you are by far head and shoulders above the lot of them who could take some pointers from you in professionalism and ethics. They will get you the judgment, and refer you over to another office to go through the collection procedure.

You go the extra mile, and complete the entire process in order to serve your client’s best financial interest. You are indeed a breath of fresh air, in a very corrupt arena.

Thank you,
Joy
Las Vegas Wrought Iron"

Thank you Joy for your kind words!

To all those who are serving and who have served and to their families for making the sacrifice, thank you - we remember...
05/24/2014

To all those who are serving and who have served and to their families for making the sacrifice, thank you - we remember and honor you this weekend and always.

05/16/2013

Another satisfied client! Del Stanger hired T. James Truman & Associates to assist with him with resolving traffic tickets. Mr. Truman was able to negotiate a significant reduction of the fines and lower the penalty to no points against Mr. Stanger's license.

04/10/2013

Non-Competition Agreements in Nevada

Non-competition agreements, also known as covenants not to compete or restrictive covenants, are employment contracts used by employers to limit the ability of an employee to compete with the employer by stealing customers or trade secrets. To be enforceable, agreements must balance between protecting the employer's legitimate business interests from an unfair competitive advantage, with the employee's right to work in a field for which he or she is trained. But in certain circumstances, such covenants can also be enforced against an individual’s new employer. In other words, if a company hires a new employee and that employee is still bound by a restrictive covenant with his or her previous employer, the hiring company could find itself named as a defendant in a lawsuit.

Nevada courts decide what is considered reasonable or not reasonable by examining the type and size of the business, how long and over what geographic area the restrictions apply and whether adequate consideration, or benefit, was given the employee at the time the agreement was signed.

The Law In Nevada

Nevada law generally prohibits an employer from willfully preventing a former employee from obtaining employment elsewhere in the state. But Courts will enforce agreements that restrict a former employee from pursuing a similar vocation or becoming employed by a competitor of the former employer or disclosing any trade secrets, customer lists or other confidential information obtained during the employment. In order to be valid, non-compete agreements must meet three requirements:

1. Reasonableness in Time and Geographic Scope

Agreements will generally be enforceable if a court finds that they are reasonable in terms of duration, or time, and in geographic scope. If a court finds an agreement is unreasonable, it may modify the agreement so that it does not unduly infringe on the former employee's ability to work.

Examples of non-compete agreements that Nevada courts have found to be reasonable include:

*A 2-year restriction against an orthopedic surgeon from orthopedic surgery within a 5-mile radius serviced by the former employer medical clinic. The surgeon was permitted to practice general medicine within the limitations.

*A restriction against a podiatrist from practicing in one city. There was no time limit in the agreement so the court supplied a 1-year limitation.

Just because the Court finds either the duration or time requirement unreasonable, does not necessarily mean the Court will not enforce the agreements. In some cases, the Court will modify the parties’ agreement by substituting limitations the Court deems reasonable, based on the evidence before it – the so-called “blue pencil” rule. The courts have found restrictive covenants unreasonable or used the "blue pencil" rule to modify agreements in these situations:

*A restriction against a former pawn shop manager from competing in an area within 50 miles of any location targeted for corporate expansion by the former employer. The court stated that to be reasonable, the territory restriction must be limited to those areas in which the former employer has established customer contacts and good will.

*A 5-year, 100-mile radius restriction against the former employee of a lighting retrofitter because it placed too great a hardship on the employee and was not reasonably necessary to protect the former employer's interests.

Factors considered when determining reasonableness include the hardship an agreement puts on the former employee, its effect on the general public and the restrictions placed on time, territory and activity of the former employee.

2. Consideration

The third requirement is contractual consideration. With any contractual arrangement, both parties must be giving and receiving something of value, also known as consideration. While Nevada courts have not specifically addressed whether the offer of initial employment is sufficient consideration, or benefit to the employee in exchange for agreeing to not compete with the employer should the employment relationship terminate, they have enforced such agreements. On the other hand, the Nevada Supreme Court has held that an at-will employee’s continued employment is sufficient consideration for enforcing a non-competition agreement.

Conclusion

Both employers and employees should understand these general guidelines when considering the use of a non-compete agreement. Employers need to keep these issues in mind when asking employees to sign restrictive covenants and should always ask potential employees whether they are subject to a non-compete agreement from any previous employer. In some cases, the new employer can be liable to the former employer if hiring the employee would put him or her in violation of the agreement.

03/13/2013

Happy Wednesday everyone! We wanted to share a few laughs with you...

What do you call a lawyer gone bad?
Senator.

What do you call a lawyer with an IQ of 50?
Your Honor.

Have a great day!!

03/11/2013

BIG CHANGES IN COMMERCIAL LANDLORD/TENANT LAW ©

Are you a Landlord or Tenant of a commercial property? If you are, the Nevada legislature has just changed how you may do business. In 2011 the Nevada legislature created a new section of the Nevada Revised Statutes – NRS 118C – which pertains specifically to commercial properties (any real property not considered a dwelling, as defined in NRS 118A.140).
There are several key provisions that will impact commercial landlord/tenant transactions:
Delinquent in Rent? The Landlord May Change the Locks!
Perhaps the most significant provision of NRS 118C is contained in 118C.220. It allows the landlord (or its agent) to change the locks on a commercial tenant’s premises, if that tenant is delinquent in the payment of rent. No court order is needed. The single requirement, should a landlord change the locks, is that a notice be posted on the property for a minimum of 5 days, informing the tenant where he may obtain a new key. And, the landlord may demand all past-due rent before releasing the key. Yes… all of this can be done without a court order.
Should the landlord violate NRS 118C.220 (unlawful removal of tenant), the tenant does have recourse under the bill. He may recover actual damages, one month’s rent, or $500, whichever is greater. The tenant may also recover possession of the premises under a writ of restitution, as detailed in the statute. If the tenant acts in bad faith when obtaining a writ of restitution, there are landlord remedies built into the statute. Also, if the provisions of the tenant’s lease are in conflict with NRS 118C.220 (for example, if the landlord is required to give a specific notice to the tenant of the tenant’s default), the lease supersedes these provisions.
Abandoned Property
NRS 118C.020 clarifies when a Landlord of commercial premises can deem property to be “abandoned.” If the “goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the commercial premises, is being or has been removed from the commercial premises,” the landlord may consider the property as having been “abandoned” by the tenant.
A clear caveat in this provision of the bill is in the case where removal of personal property is a normal function of the tenant’s business. If that is the case, the landlord cannot make a presumption of abandonment. Also, if there is a written agreement between the landlord and either the tenant or someone else who has an ownership interest in the tenant’s remaining personal property, the provisions of that written agreement pertaining to personal property will take precedence over the language in NRS 118C.020.
Disposal of Abandoned Property
Once the landlord has determined there is abandoned personal property on a commercial premises, he need not hold it for thirty (30) days, as is required under NRS 118A.460 for personal property left in residential dwelling units. The landlord need only send the tenant a notice by “certified mail, return receipt requested” giving the tenant a minimum of 14 days to claim the property. (Personal property lien holders are also entitled to claim the property in which they have interest during this 14-day period.) The statute does not mandate the tenant’s signature acknowledging receipt of the notice before the landlord can dispose of the property.
In disposing of the property, NRS 118C.230 permits the landlord to recover “his or her reasonable costs out of the abandoned personal property or the value thereof.” Interestingly, this language doesn’t specifically limit “costs” recoverable by the landlord when disposing of the tenant’s personal property. In other words, if there is enough value from the sale of the personal property to cover not only the landlord’s expenses of inventory, moving, and/or storage of the property, but also to cover unpaid rent and other sums owed by the tenant under the lease, I see nothing in the bill prohibiting the landlord from claiming those amounts. Since personal property left by commercial tenants is typically more valuable than that left by residential tenants, I predict our courts are going to have some interesting encounters with this provision of the bill.
Unlawful Removal of Tenant
NRS 118C.200 also discusses unlawful removal of tenants in commercial properties. Landlords are prohibited from:
• Removing a door, window, attic hatchway cover, door lock, or doorknob.
• Removing furniture/fixtures supplied by the landlord.
• Shutting off utilities for which the tenant pays directly to the utility company. (As I read this, it would seem that if the landlord pays utilities and then charges back to the tenant his proportionate share, the landlord could then elect to shut off utility services.)
Conclusion
The new statute should shortcut many of the legal impediments which commercial landlords have previously encountered in the past when dealing with a defaulting tenant. On the other hand, Tenants have been granted additional safeguards when dealing with a heavy handed Landlord who acts contrary to the statute.

T. James Truman & Associates
3654 North Rancho Drive, Suite 101
Las Vegas, Nevada 89130
Phone (702)256-0156
Fax: (702)396-3035

www.trumanlegal.com

YOU’VE HEARD ABOUT LIMITED LIABILITY COMPANY. WHAT ARE THEY AND HOW DO YOU CREATE ONE?The business entity form commonly ...
03/06/2013

YOU’VE HEARD ABOUT LIMITED LIABILITY COMPANY. WHAT ARE THEY AND HOW DO YOU CREATE ONE?


The business entity form commonly used these days is the limited liability company (“LLC”). Unlike a corporation, which is owned by the shareholders, an LLC is owned by the members. Like corporate shareholders, members of an LLC are not liable for the company's debts.

One benefit an LLC enjoys over a corporation is there is no requirement that the company has regular meetings or maintains minutes. Furthermore, the company can be taxed as a partnership, with the income passing directly through to the member's tax returns, rather than being taxed first to the company, and then to the owners (so-called double taxation).

A Nevada LLC can be formed by filing articles of organization with the Nevada Secretary of State. The entity can be owned by non-US citizens. The company's public filings need to disclose only the name of the company's manager. The members of the company will sign off on an operating agreement, but that agreement is a private document under current Nevada law and is not recorded with the Secretary of State nor is it disclosed to the public.

To create a limited liability company, our fees vary, depending on how complicated your operating agreement will be. To quote a flat fee, our firm would be happy to speak to you to understand the agreements between the manager and the members. Our firm can create an LLC in a short time frame, generally within 48 hours.

T. James Truman & Associates (702) 256-0156

02/28/2013

WHAT TO DO IF YOU ARE IN A CAR ACCIDENT
An accident can be distressing, but knowing what to do in advance can help you deal with the unexpected.
Following a loss:
• Stay at the scene in a safe place to gather information
• Exchange information (see "Information to gather following a loss" below)
• Contact your insurance company to notify them of the accident.
• Contact the police, or dial 911 if needed
• Contact your attorney -- Do not advise the other part of your coverage limits or admit fault
Information to gather following a loss:
PHOTOS
• Damage (vehicles and/or property)
• Accident scene (road conditions/skid marks/debris in roadway/vehicle positions)
• Accident scene location identifiers (intersection/address/exit number)
• Identification (clear photos of insurance cards, license plates, etc.)
DOCUMENT
• Names, phone numbers, addresses and e-mail addresses of all occupants, including the number of occupants in the other car(s)
• Names, phone numbers, addresses and e-mail addresses of all potential witnesses
• Location (intersection/address/exit number)
• Company name, policy number and phone number for other insurance companies
• If emergency services respond: police department, police report number, phone number, officer name, badge number, ambulance company, fire department.
T. JAMES TRUMAN & ASSOCIATES, ATTORNEYS AT LAW
(702)256-0156

Address

Las Vegas, NV
89130

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+17022560156

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