Legal Services

 

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The Law Offices of Philip E. Weiss offers a wide array of services to its (primarily) maritime industry clients, including (but not limited to) the following:

boat5.gif (1219 bytes)    Pursuing Satisfaction of Maritime Debts.  The Law Office of Philip E. Weiss has handled many matters involving monetary recoveries  based on maritime liens arising from the provision of wharfage, repair, fuel and other maraitime "necessaries."  Note that courts have held that the term "maritime necessaries," should be broadly construed -- even cigaretts and alcohol have been regarded as "necessaries".  Hence, the threshold as to what goods/services constitute "necessaries" is quite modest. 

boat5.gif (1219 bytes)   Vessel Arrests.  The seizure (arrest) of a vessel by a U.S. Marshal is arguably the most powerful remedy available in an admiralty case.  The General Maritime Law of the United States give credance to the legal fiction that a vessel is a person (you have probably heard a vessel referred to as "her" or "she").  Accordingly, she is liable for her contractual debts (i.e., non-payment for goods and services, etc.) and her torts (i.e., collisions, allisions, fraud, conversion, etc.).  When a vessel fails to pay for goods or services constituting a "necessary" (see above), the holder of the lien (the provider of goods or services of use to the vessel) is entitled upon non-payment to seek from an appropriate U.S. District Court a Warrant for Vessel Arrest.  The warrant is executed by the U.S. Marshal, and the offending vessel is seized.  Such vessels are often sold at public auction by the U.S. Marshal, and the proceeds used to satisfy outstanding liens.  

boat5.gif (1219 bytes)    Drafting and Analysis of Maritime Contracts.  Clear, "tightly" drafted contracts fully represent the intent of the parties, and consequently reduce the prospects of misunderstandings (and hence litigation), and can to varying extents also shield the contract drafter from potential liability, or limit his/her exposure.  Close scrutiny of many (probably most) maritime contracts will reveal many deficiencies, some potentially very serious -- i.e., no "forum selection clause" to specify any litigation will occur on the contract drafter's "home turf;" no "integration clause" clarifying the written contract embodies all of the terms and promises; no (or improper) limitation of liability provisions; no indemnity provision to protect against the negligence or misconduct of another person/company; unclear terms; and many others.  The Law Office of Philip E. Weiss has drafted many maritime contracts in a wide variety of contexts -- wharfage contracts, "offshore" vessel sales contracts, contracts for maritime services, shipping articles and other maritime employment contracts, charter party contracts, mooring operation contracts, maritime joint venture agreements, and several other types. 

boat5.gif (1219 bytes)    General Consulting In Maritime Matters.  Having practiced primarily in the maritime law arena for several years, Philip E. Weiss has learned a great deal about the industry and has made the acquaintece of many maritime industry leaders.  He is therefore often in a position to suggest innovative resolutions to both legal controversies and maritime business problems generally.  

boat5.gif (1219 bytes)    Offshore Vessel Sales.  Where a prospective vessel owner's intention is to operate and base a vessel outside state, theowner might wish to consider arranging for an "offshore" sale.  The Law Office of Philip E. Weiss can offer advice concerning the purchase and delivery offshore of commercial and recreational vessels.  

boat5.gif (1219 bytes)    Formation of Corporations.  The Law Office of Philip E. Weiss has assisted several maritime and other clients in the formation of both for profit and non-profit corporations.   Properly and lawfully run, a corporation can be an extremely useful business vehicle with many benefits, not the least of which is that when the corporation is exposed to liability, principals often enjoy certain protections from personal liability. 

boat5.gif (1219 bytes)    Maritime Operations Premises/Contract Liability Analysis.  The Law Office of Philip E. Weiss can conduct an on-site inspection of a maritime business, and after consultation with appropriate management personnel, prepare a written evaluation designed among things to expose both defects in the premises itself ,and also defects in contracts. 

boat5.gif (1219 bytes)     Development of Position Papers.  A clearly written position paper, detailing persuasive legal and other arguments, can be an effective tool in persuading another to act in the desired way.  It is not always necessary to sue to obtain a desired result, particularly when the result is one that a court would likely compel if the matter is resolved by way of litigation. 

boat1.gif (1185 bytes)  The Law Office of Philip E. Weiss can always be relied upon to do the utmost to take the "laboring oar" in maritime legal controversies, to the end of achieving cost-effective, favorable results. 

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Copyright 1999 Law Offices of Philip E. Weiss