what an attorney can work concerning logistic companies

by Erika Fahey PhD 4 min read

What does a logistics company do?

Trucking and Logistics. The Ogletree Deakins Trucking and Logistics Industry Group is comprised of a team of experienced attorneys who advise, counsel, and represent carriers, warehouse operators, and companies with trucking divisions and warehousing operations in all aspects of labor and employment matters affecting drivers and other workers ...

What makes a good logistics partner?

For most retailers, manufacturers, and distributors, the transportation function is an unwanted headache—and claims represent a migraine. However, just because something is difficult does not mean that it can be ignored. George Pezold, co-author with Bill of Freight Claims in Plain English, emphasizes that: “Knowledge of the basic legal ...

What are the different types of logistics companies?

Feb 05, 2021 · Logistics companies plan, implement, and control the movement and storage of goods, services, or information within a supply chain and between the points of origin and consumption. Various logistics companies handle some or all of these supply chain functions, depending on a client’s logistical needs. Logistics is a term synonymous with the ...

What do customers want from transport and logistics companies?

Jan 01, 2022 · A freight broker serves as the link between a supplier or manufacturer and the transportation companies that provide shipping services. As a result, a freight broker plays an essential role in the entire supply chain, serving a wide range of industries. A third-party logistics company (3PL) manages all logistics operations on your behalf.

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What are company lawyers called?

Introduction. Corporate lawyers, sometimes known as corporation lawyers or attorneys, corporate counsels, and general counsels, advise corporations concerning their legal rights, obligations, and privileges.

What are lawyers duties and responsibilities?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...

What is it called when an attorney does not do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What careers are related to lawyers?

Paralegals and Legal AssistantsArbitrators, Mediators, and ConciliatorsJudges and Hearing OfficersPostsecondary TeachersLawyer/Similar professions

What is the most important task of a lawyer?

Duties of a lawyerProviding legal advice and guidance.Writing contracts.Meeting clients (individuals or businesses)Attending court hearings.Reading witness statements.Collating evidence and researching case studies.Keeping up to date with changes in the law.Representing clients in trials.

What are the five functions of lawyer?

The Essential Functions of the Great Advocate counseling - ... Advocacy - ... Improving his profession, the courts and law - ... Unselfish Leader of public opinion - ... Proactive to accept responsibility -

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

What is the highest paying lawyer job?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

Which field of law is best?

Not all would be well-paying jobs or fields of profession, but here is the list of top 6 Highest Paying Fields of Law:Law Firms/Corporate Counsel. ... Litigation/Trial Advocates. ... Judicial Services/Civil Services. ... Academia/Professor of Law. ... Specializations- Cyber Law, Banking Law, Intellectual Property Law, etc.More items...•Jan 7, 2019

Can a lawyer work in a company?

Corporate lawyers serve only one client - the corporation they work for. As a corporate lawyer, you will be called upon to handle a variety of legal tasks including corporate taxes, mergers and acquisitions, corporate structure issues, employment law, and government reporting.May 14, 2019

Who is Brent Primus?

Brent Primus Brent Wm. Primus, J.D., is the CEO of Primus Law Office, P.A. and the Senior Editor of transportlawtexts, inc. He is the author of Motor Carrier Contracts Annotated and co-author of U.S. Domestic Terms of Sale and Incoterms 2010. He also was the Editor of Freight Claims in Plain English, 4th Edition, and is a frequent contributor to Logistics Management. He can be reached at [email protected].

What happens when cargo is lost or damaged?

In return, the shipper agrees to pay the carrier. Implicit in this arrangement is that the cargo will indeed arrive at destination in an undamaged condition. When the cargo is lost or damaged, the basic contract for carriage has been breached, giving rise to the shipper’s claim. The contract for carriage can either be an individually negotiated ...

How long does it take to file a claim for non delivery?

A claim must be filed within 14 days of delivery for damage and within 21 days for delay. While the Convention does not provide a time limit for claims for non-delivery, the airlines typically set a limit of 120 days from the issuance of the air bill for notice of non-delivery.

Is transportation a headache?

For most retailers, manufacturers, and distributors, the transportation function is an unwanted headache—and claims represent a migraine. However, just because something is difficult does not mean that it can be ignored. George Pezold, co-author with Bill of Freight Claims in Plain English, emphasizes that: “Knowledge of ...

What is the Carmack Amendment?

The starting point for rail and motor carriers are two federal statutes, one for rail and one for motor that are colloquially known as the Carmack Amendment. Under both of these statutes the liability imposed is “for the actual loss or injury to the property.”.

Is UPS a common carrier?

At one time the majority of carriers only operated in one particular mode. Now, many entities operate in more than one mode. For instance, UPS is licensed as a motor carrier, air carrier, and a non-vessel operating common carrier (NVOCC).

Can a shipper be liable for cargo damage?

This article is focused on the liability of carriers, however, shippers can also be liable for cargo damage if the shipper caused the damage. An example of this would be an LTL shipment when a poorly packaged liquid breaks open and stains or otherwise damages other cargo on the truck.

What is tip n tell?

Question: Our customer ships motors via an LTL carrier and they use the Tip-N-Tell device on each of the cartons they ship. When the product was delivered to the customer the Tip-N-tell was activated although there was no other apparent damage to the cartons. In some instances the product was returned to them and was inspected and the product was found to be OK, so a claim was filed for the inspection of the product. In other situations the product itself was damaged and a claim was filed for the repair cost.

Is a tornado an act of God?

Generally, only extraordinary events such as tornadoes or hurricanes would qualify, and ordinary bad weather, rain, snow, etc. would not be considered an “Act of God”. This subject is discussed in detail in “Freight Claims in Plain English” (3rd Ed. 1995) at Section 6.3, Act of God.

What is logistics company?

Logistics companies plan, implement, and control the movement and storage of goods, services, or information within a supply chain and between the points of origin and consumption. Various logistics companies handle some or all of these supply chain functions, depending on a client’s logistical needs. Logistics is a term synonymous ...

When did logistics start?

Logistics has evolved since the 1950s with the rise of consumerism and the subsequent growth of more complex supply chains. Coordinating the movement of supplies and materials is now a globalized process. Today, the business sector uses logistics as a term to describe the efficient flow and storage of goods from point of origin to the point ...

What is logistics in business?

Today, the business sector uses logistics as a term to describe the efficient flow and storage of goods from point of origin to the point of consumption. The supply chain is a vital part of this process. A proper supply chain may include transportation, shipping, receiving, storage, and management of all or one of these functions.

What is a 3PL broker?

People often use the terms 3PL and freight broker interchangeably, however, this creates confusion regarding the nuances of either service. 3PLs and Freight Brokers are both intermediaries between the shipper and the carrier, yet their roles differ. A broker focuses primarily on executing a singular shipment and works to meet specific cost and service goals. The 3PL provider thinks about the bigger picture and more strategically. They plan earlier in the supply chain and anticipate the needs of a client through every step of the supply chain, transport, and delivery process.

What is freight broker?

A freight broker will often focus on one single shipment and act as a non-asset bearing intermediary between a shipper with goods to transport and a carrier who actually moves the freight. Essentially, a Freight broker works directly with owner-operators nationwide to coordinate individual shipments.

What is a third party logistics company?

A third-party logistics company is typically an asset-bearing firm that establishes relationships with shippers on a broader scale.

What is logistics in business?

A basic definition of logistics is “the detailed organization and implementation of a complex operation.”. If you think of the many different steps in getting a product from its point of origin to its final destination, a process that may include multiple steps that tae in several different countries, then you can see that this is indeed ...

What is freight broker?

A freight broker is usually the link between a supplier of goods who has shipping needs and the transportation companies who can fulfil those needs. A broker is a vital part of the supply chain as they act as the middleman in your shipping process. 3PL (third party logistics) is a company who handles all logistics management on your behalf.

What is 3PL logistics?

3PL (third party logistics) is a company who handles all logistics management on your behalf. Their services can include transportation of your goods from point of origin, warehousing those products, picking & packing for order fulfillment if required, packaging, and all needed freight forwarding services. Whether you are a small business owner ...

What are the 3PLs?

They can include rail companies, air cargo companies and ocean freight companies. Third party logistics companies. Commonly known as 3PLs, these are companies that specialize in providing all or part of the logistics for the supply chain of your business.

What is a good 3PL company?

Every business owner knows that demand can fluctuate over the course of the year. A good 3PL company knows this and can help you adjust according to the demand you are experiencing. Expansion. A 3PL can help you expand into new markets without committing significant investment.

How many truck drivers will be needed in 2024?

Some testing, for mail deliveries, has already taken place, and with the American Trucking Association estimating a shortage of almost 200,000 truck drivers in the U.S. by 2024, quick development of these vehicles may soon become a necessity.

16 important questions to ask a logistics provider before committing

In a saturated online marketplace, gaining a competitive edge is essential. To maximize the potential for repeat customers and maintain a healthy bottom line, sellers need to create a positive customer experience with a seamless ordering process from start to finish.

Do you have experience working with eCommerce businesses similar to mine?

This question is especially important for small businesses who sell less frequently, or individuals handling their own fulfillment currently. Although you can try to forecast, the pattern of many eCommerce sales is irregular. It is important to ensure the intended logistics provider can easily manage, fulfill, and report on your type of orders.

What products do you support?

This question applies if you sell products such as batteries, perishables, or the like. Some fulfillment providers don’t support certain items, and may have stricter requirements for your type of good. Ask if they can handle your product, and what timeline you’re looking at for delivery speeds.

Do you have capacity constraints?

eCommerce is all about growth, so make sure your fulfillment partner can scale as quickly as you’d like when orders spike.

Where are your warehouses?

Selecting a fulfillment provider who has a presence in your customer markets is key, because they will be able to get products to your buyers more quickly. Look at the geographical regions you make the most sales, and go with a fulfillment company with warehouses in that area.

What integrations do you work with?

Your outsourced fulfillment partner should be able to work with the software and marketplaces you want to work with. If your sales happen across several eCommerce channels, you will want to know that the logistics provider can efficiently manage your fulfillment needs.

What is your pricing?

You must understand your fulfillment costs for whatever partner you work with. This is vital, and where the red flags should pop up for many 3PLs. We’ve seen many solutions that aren’t transparent with their pricing, so sellers aren’t able to calculate their costs until the bill arrives.

Can logistics companies meet customer expectations?

Given the above challenges, can logistics companies meet rising customer expectations, and still generate profits and growth? The answer is yes, provided they remain flexible, and committed to upgrading technology, people and processes. Constant evolution is the name of the game.

Why is industry benchmarking important?

At the end of the day, the logistics business is highly competitive; hence industry benchmarking plays a key role in business process improvements. It’s like the proverbial rat race – to be the best and the fastest.

What is the transport and logistics industry?

The Transport and Logistics Industry is the back bone of any economy, and the driving force behind all sectors, be it agriculture, manufacturing or services. However, like all industries, it is confronting tremendous change in present times – driven by tech innovations, changing consumer expectations and stringent regulations.

How many government agencies are involved in trade?

Governments wield a tremendous power over global shipments. According to Wall Street Journal, in the US, more than 40 agencies are involved in trade shipments, and more than a dozen have release and hold authority.

Why do logistics companies need visibility?

Logistics companies need to have visibility on the entire work flow in a warehouse – receipt of inventory, storage, order management and completion, and shipment. Plus – visibility on what is headed towards them, so that they can plan their workforce accordingly.

What is the average age of a driver?

In the US, the average age of drivers is pretty high – 49, which means after 10-20 years the labor crunch will be more severe. Also, there is an unconscious bias against women and minorities.

What is IOT in trucking?

IOT can play a key role in reducing risks and ensuring safe delivery of goods. The best fleet management system connects with specialized sensors built into new generation trucks. This software provides real time in-transit visibility of trucks, shipments on board, and key vehicle parameters.

How do I start a transport company?

1. What costs do I need to consider when starting a transport company? 1 First, you’ll need to establish where you’re going to source capital to get your transport business started. There are multiple options including the bank, investors and bootstrapping. 2 Next, you need to consider the specific expenses associated with the logistics industry, for example the licence and toll expenses, aside from maintenance, fuel and driver skills development training costs. 3 Although you haven’t started running your transport and logistics company yet, you need to consider operating costs and maintenance expenses when drawing up your budget. The latter is crucial for providing reliable service to customers as you must deliver the excellence you will market to them. While marketing may not seem important at this stage, it’s important to budget for this expense as your company grows. 4 Remember that besides all the above costs, you’ll require money to keep your vehicles safe when they aren’t in use and when they are on the road. Invest in a secure location and other security features, such as trackers. 5 Lastly, you’re going to need to pay your drivers and other staff salaries on a monthly basis, so factor in that expense when budgeting for your transport and logistics business.

What are the key components of a business?

The key components of your business, besides your vehicles, are your drivers. Your drivers need to obtain the relevant licenses before they can be considered legal to operate vehicles in your transport and logistics business. Avoid issues later on, with the law and your customers, by ensuring you’re recruiting qualified ...

What is logistics professional?

Logistics professionals perform several responsibilities and are charged with the implementation of adequate logistics and supply chain plans. With interdependence on different levels of operation, products and services are expected to reach their destination in time.

Why is warehouse planning important?

Planning increases efficiency facilitates proper coordination and maintains good control. When Warehouse Space Planning, the first thing is finding a suitable location. When choosing a location, planners should know how much square footage they will need to store their goods, and how much space will be required.

What is warehouse management system?

Such a warehouse Management System provides consistency, efficiency, and quality control to the warehouse process, which helps improves every stage of the fulfillment process.

What are the duties of a lawyer?

In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.

Can a lawyer have a conflict of interest?

A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), if the attorney leaves the firm, he or she could still have a conflict of interest related to that matter based on the firm's work.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Can an attorney represent a client?

There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if: Each affected client provides informed consent in writing.

Can an attorney answer questions about conflicts of interest?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

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Enforcement of Claims Processing Rules

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Question:We are a broker company, and we broker loads to our contract carriers. We have a clause in the contract that we are to be held harmless of any claims that arise for any loads that were under the care of the carrier. We submit claims to the carrier if we are unable to deduct it from any settlements, a good portion of the ca…
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Concealed Damage

  • Question:A $15,000 labeling machine was purchased from a vendor in southern California and shipped to Kansas. This machine weighs 700 pounds and was completely crated for shipment. Unaware of any damage, the crate was accepted and signed for without any noted exceptions. When the consignee began uncrating the machine right after delivery, it was discovered that a cr…
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Special Damages – Missed Deliveries

  • Question:What is the law concerning passing of fines to the carrier on missed delivery appointments? Different LTL carriers of ours have missed delivery appointments and our customers have assessed the fines to us, and we in turn have passed them onto the carrier in the form of a freight claim. The carriers have declined the freight claim under the heading “special d…
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Damages – Act of God

  • Question:What is the responsibility of the carrier in the event of freight damage from a tornado or sudden violent weather conditions? Answer:Both under the common law and under the Uniform Straight Bill of Lading, which is in common use, a carrier has a defense against liability if it can establish that the cause of the loss or damage was an “Act of God”, and that it was free of any n…
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Bills of Lading

  • Question:Historically, the carrier was legally obligated to “issue” the bill of lading even though many shippers do so for their own convenience. Is this legal obligation still in force? I found support for this point in the UCC but I do not believe that the UCC is applicable to interstate commerce. Answer:The Interstate Commerce Act (ICA) requires motor carriers to “issue a recei…
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Claims – Carrier No Longer Available

  • Question:We are a broker and hire contract carriers to move the loads that we get. I received a claim from my customer for 160 cases short on a load, which is noted on the proof of delivery and we have a proof of pick up that the driver signed showing he picked it up. I have talked to our carrier numerous times trying to get this claim paid. It is clear-cut that we owe our customer thi…
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Damaged Or Misdirected shipments

  • Question:If an inbound shipment is freight terms FOB Origin – freight collect, and there is a problem with the shipment i.e: Partial damage: can you refuse the damaged items? Misdirected Shipment: can you refuse the shipment? My understanding is that the consignee must pay the freight bill as originally presented. Understanding that any shortcomings with the shipment are p…
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Claims Filing – Proper Party

  • Question:I have been trying to collect on a claim but the carrier refuses to deal with us. The carrier maintains that the warehouse we use hired them, not us, so the warehouse should be the one to make the claim, not us. Maybe I am wrong but from reading Freight Claims in Plain English I was under the impression that if you maintain an interest in the shipped product (like ownership), yo…
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Freight Charges – Billing to Customers

  • Question:I recently discovered that a supplier has been charging us more than the actual cost of shipping merchandise. There is nothing in their sales literature that pertains to charges for shipping. Is a manufacturer permitted to charge a customer (in this case a retailer) more than the actual cost of transporting of merchandise when there is no specific contractual understanding…
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Damages – Shock Recorders

  • Question:Our customer ships motors via an LTL carrier and they use the Tip-N-Tell device on each of the cartons they ship. When the product was delivered to the customer the Tip-N-tell was activated although there was no other apparent damage to the cartons. In some instances the product was returned to them and was inspected and the product was found to be OK, so a clai…
See more on transportlaw.com