Posts Tagged ‘Attorney’

« Older Entries

Elder Law Power of Attorney – Protecting Your Loved Ones

Friday, August 27th, 2010

There are few circumstances when your loved one should execute a financial power of attorney that gives their agent the immediate authority to make financial decisions. Financial powers of attorney are one of the easiest ways to commit elder financial abuse.

The preferred method is to require that the agent’s authority is granted only after two qualified medical doctors declare in writing, under penalty of perjury, that the elder is mentally incompetent and unable to make sound financial decisions.

Although still not foolproof, this requirement gives a great deal of protection against financial exploitation. A bad guy must now involve two doctors in order to carry out the rip-off.

It is always possible that the perpetrator will simply have the elder execute a new power of attorney that revokes all prior powers and gives the agent the immediate authority. When family members and friends are actively involved in the elder’s life, the crook will have much more difficulty in accomplishing this without being caught.

When the elder has no immediate family or friends, the odds of being financially abused are greatly increased. However, there are still some preventive measures that can be taken to reduce the risk.

Speak with bank personnel and other financial institutions where the elder’s money is invested. Show them the power of attorney and explain that its purpose is to protect the elder in case someone tries to take advantage. Point out the added protection that requires two qualified medical doctors confirm the elder’s lack of capacity before the power of attorney is effective.

Ask them to red-flag the elder’s accounts by placing a computer notation that the bank personnel should question any substantial withdrawals or unusual activity.

In my city and state (Riverside, California), for example, a law exists that makes all bank employees a mandated reporter. This requires bank personnel to report any reasonably suspicious activity to local law enforcement. In states where similar laws exist, bank employees will receive some training to identify the signs of financial exploitation in order to comply with their mandated reporter requirements.

Many family members hesitate on broaching the subject of powers of attorney, in fear that their elderly loved one may take offence and tell them to mind their own business. Every family has their own unique dynamics. However, you can ease some of the awkwardness by doing some of your own research and sharing it with your loved one. Many counties agencies have informational brochures that explain the purpose in creating powers of attorney and how they can assist in financial matters.

Delaying the discussion often results in no action being taken. Then, when the need arises, it is often too late because the elder no longer has the requisite mental capacity needed to execute the power of attorney.

There is no surefire way to avoid financial exploitation of an elder. However, through education, discussion and assistance with the financial institutions involved, and with the help of a qualified elder law attorney, a power of attorney can be put in place that affords piece of mind that the chances of financial abuse are minimized.

By: George F. Dickerman, Esq.

George F. Dickerman is an elder law attorney in Riverside County, California, practicing law for 24 years. To learn more about elder law issues, including powers of attorney for financial and healthcare decision making, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://www.elder-law-advocate.com/health_care_poa

Tags: , , , , , ,
Posted in Business | Comments Off

Attorney Fees – Understanding Lawyer Hourly Billing

Sunday, August 22nd, 2010

If you’re working with an attorney for the first time, you may have questions about hourly billing.

Lawyers and staff often bill by the amount of time spent working on your legal or business matters. This is called “hourly billing” or “timed billing.” The tasks for which attorneys and staff will bill on an hourly basis are included in your individual retainer agreement with your attorney. Generally, attorneys and staff will bill at their prevailing hourly rate for any time that they spend working on your matter. Hourly billing is accepted as a fair way to record the value of an attorney or staff person’s services for most matters. Attorneys will only bill you for the reasonable time spent on your matter, because lawyers are professionally obligated to accurately report their fees and time spent to the client.

Attorneys often bill their time in 1/10 of an hour increments, which computes to billing in six minute increments. Alternatively, your lawyer may bill his or her time in 1/4 of an hour increments, which computes to fifteen minute increments. By billing in such small increments, attorneys are able to keep costs as low as possible for the client, while still using an accurate record keeping system.

Because an attorney only has his or her time and expertise to “sell,” the attorney must bill for time spent on a matter, even when it may only be a short period of time spent on the matter. This is because any time spent on your matter could have been spent earning fees helping another client or other valuable use of the attorney’s time.

Clients that are not used to working with an attorney or law firm occasionally express concern about hourly billing, especially when the client is used to receiving tangible goods, such as a new TV, a brand new car, or groceries at the store. While you will occasionally receive tangible goods as a result of your attorney’s work, such as a contract, legal pleading, or memorandum, it is also important to understand that advice provided over the phone, via e-mail or in a client meeting is also valuable use of your attorney’s time.

Eric Menhart is an attorney with CyberLaw P.C., where he concentrates in Internet Law, copyright and trademark matters.

Tags: , , , , , ,
Posted in Business | Comments Off

Ask the Attorney – Prenuptial Agreements

Friday, August 20th, 2010

INTRODUCTION: Prenuptial Agreements (“Prenups” or Premarital Agreements) are becoming more and more popular. Initially only popular among people that were previously married, many more getting married for the first time are realizing the benefits of a Prenup.

QUESTION: Dear Mr. Cheng – I am getting a divorce. I do not understand why I am being told by my attorney that the prenuptial agreement I signed with my husband is invalid. He is claiming that if he knew how wealthy I was he would not have signed an agreement in the first place. My attorney says that the judge may throw out the agreement. I am totally confused. I paid an attorney to draft it and my husband signed it willingly. Why should I have to pay for him? He cheated on me with my secretary and now he wants to cheat me out of my money. Can you help me? Cindy – San Marino

ANSWER: Dear Cindy, thank you for your question. A Prenuptial Agreement is essentially a contract between two people. When examined they are viewed like any other contract with some additional requirements based on various family law statutes.

I explain prenuptial agreements like insurance. No one buys auto, life, or property insurance with the hopes of using it. In the same vein, no one should write a prenuptial agreement with the hopes of divorce. However, like any insurance, if you get a divorce without a prenuptial agreement, life can become very expensive. A typical non-contested divorce can be about $3,000-$4,000.00. A contested divorce can be substantially more expensive. I have seen some divorces cost as much as large corporate litigation. Family law attorneys are some of the most profitable attorneys out there because not only is it expensive, but family law divorces are very emotional. Many times, emotions drive lawsuits when they really should be settled.

Prenuptial Agreements Help Settle Future Disputes.

One of the things I tell people is that a prenuptial agreement can settle future disputes without much cost. Like I stated earlier, a Prenup is like a contract. Hence, a Court will adhere as closely to the contract as possibly, disregard any things that are ambiguous against the drafter, and throw out the contract entirely if it unconscionable. Hence, many issues can be settled years in advance. For example, spousal support or alimony can be settled in the prenuptial agreement so that when divorce takes place the Court can rely on the parties’ contractual decision and not have to make a decision for them.

Courts Support Premarital Agreements.

When I used to work for judges in the Los Angeles Superior Court, they were always happy when a premarital agreement was presented to them because they were left with very few issues to resolve. Provided the agreement was freely entered into by the parties (no deception, duress or undue influence) and not violative of public policy, premarital agreements are favored in family law dissolutions.

Suggestions to Prevent a Void Premarital Agreement.

Many agreements are written so poorly that many judges have no choice but to void portions of a Premarital Agreement or throw out the entire contract entirely. The following are suggestions to keep that from occurring:

(1) Do not raise issues about children. Premarital agreements cannot make decisions about children. For instance, child support, legal decisions for children, etc. Any statements made about children are easily stricken, and sometimes raise an eyebrow in the judge’s mind that this is a voidable contract.

(2) Have an attorney represent the other side. The chance of a person raising an argument that the agreement is unconscionable substantially increases when the person signing it is not represented.

(3) Give the person reviewing it another 30 days after all changes have been done. By law, the person reviewing the agreement needs 7 days to review it. However, I always recommend additional time so that no one can say that they were forced into an agreement.

(4) Have it translated into a language they understand. I do not know why if you are looking to protect your assets, you would risk a person arguing to a judge that he/she did not have the ability to read it. It makes absolutely no sense. Enough said.

(5) Always favor disclosure versus vagueness. If you are going to spend the time and money to write a Prenup why would you want certain clauses or information to remain ambiguous? The purpose of a Prenup is to give people full information so they know what they are giving up. If you are debating between full disclosure and partial or no disclosure at all, give it up.

Most Prenuptials are Voidable for the Same Reasons.

Remember, courts want to enforce agreements. But many times they cannot or will not. There are essentially two bites at the apple when it comes to overturning prenuptial agreements. But no matter when a person seeks to overturn the prenuptial agreement the argument usually is that the agreement itself is unconscionable. A premarital agreement is unconscionable when it is proven:

(1) The party was not provided a “fair, reasonable, and full disclosure” of the other party’s property or financial obligations;

(2) He or she did not voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(3) He or she did not have, or reasonably could not have had, adequate knowledge of the property or financial obligations of the other party.

Conclusion.

Premarital Agreements are awesome. They give people the flexibility and cost savings that are needed to ensure that should dissolution occur the monies paid are reasonable and not just outrageous attorney fees. Make sure if you get one that it is done by a reliable and reputable attorney. The way a Premarital Agreement is written can substantially change the outlook of any family law dissolution.

ASK THE ATTORNEY is a news supplement that is included in the Chinese Daily News (Saturday), Taiwanese Daily News (Monday), the Chinese Biz News (Weekly), and on Youtube.

Paul Cheng was recently selected as a contributor for the upscale Vivid Magazine and will be published in their second quarter issue of 2009.

Mr. Cheng leads a team of distinguished attorneys in Los Angeles, California. Mr. Cheng has an extensive background in small to large business operations and commercial realty transactions. He has counseled individuals and businesses at all levels in a variety of transactional and litigation matters, including contract, landlord-tenant, land use, employment, franchise law, fraud, identity-theft, business immigration, civil rights violations, products liability, trademark violation, construction defect and general torts.

Prior to practicing law, Mr. Cheng served as a judicial extern to Judge Roy Paul and Commissioner Maren Nelson in the Superior Court of California, Los Angeles. Mr. Cheng was also a seasoned mediator with the Superior Court of California and Los Angeles City Attorney’s office, mediating over 50 cases ranging from complex civil litigation to personal injury.

Mr. Cheng has traveled extensively through Asia and is a frequent lecturer at the universities there. Recently, he was a guest lecturer at Beijing University’s School of International Studies. He is fluent in Mandarin.

Mr. Cheng is a member of the California State Bar, Los Angeles County Bar, and Taiwanese American Lawyers Association. He was also the 2008 President of the Arcadia Kiwanis Club.

To contact Mr. Cheng email: Contact@PaulChengLaw.Com or call 626-356-8880.

Tags: , , , ,
Posted in Business | Comments Off

Hiring a Lemon Law Attorney Makes the Lemon Car Law Work For You

Saturday, August 14th, 2010

When we buy a new car, we expect it to perform flawlessly for the foreseeable future. But if you’ve ever purchased a lemon car, then you know how quickly those expectations can be dashed. While almost any vehicle that experiences engine trouble is casually referred to as a lemon, a vehicle that qualifies as a legal lemon is usually one that is still under warranty but repeatedly fails to live up to its warranty. For example, if a car continues to experience problems with its braking system regardless of how many times the system is repaired, chances are that it qualifies as a legal lemon.

In most states, a vehicle’s lemon status is defined by a certain number warranty failures within a certain period of time or a within a certain number of miles, whichever comes first. For instance, in New Jersey, a vehicle that has been repaired for the same problem three or more times within 18,000 miles, or that has spent at least 20 hours undergoing repairs since its delivery date qualifies as a lemon. In addition to new vehicles, some states also have lemon laws that cover emergency vehicles, motorcycles, used cars and the chassis on RV’s and mobile homes.

Whatever kind of lemon vehicle you own, your top priority should be receiving a refund from the manufacturer or a free replacement vehicle. As with other legal matters, you could opt to pursue the matter on your own. However, there are three major reasons why your should always hire a lemon law attorney to represent your case, beginning with the fact that lemon car law is often complicated.

Proving your lemon case means that you’ll have to write a fair amount of legally convincing and forceful letters; letters that major manufacturers often tend to ignore unless they come from a lemon car law firm. In addition, an automaker might present an offer that’s contingent on your signing a release. Once signed, the release absolves the automaker of further legal responsibility regarding your vehicle. If your vehicle’s problem occurs again, you won’t be able to bring a lawsuit because you signed a release. In short, you’ll be stuck with your lemon car.

A second reason why you should hire an attorney is that consumers have virtually no negotiating power. Some people think that because they know the lemon law an automaker will treat them fairly. But because consumers can’t file a lawsuit and jeopardize an automakers reputation, automakers usually find no reason to take consumers seriously. In addition, automakers have to pay money to defend lawsuits, and the fees start accruing from the moment the lawsuit is filed. Because money makes an automakers’ world go round, they’ll be much likelier to give you a refund than they will fight the lawsuit in court and end up refunding you anyway.

A third reason why hiring a lemon law attorney is essential to your case is that attorney negotiated settlements are generally much higher than settlements negotiated between consumers and automakers. If you’re driving a lemon car, receiving a refund or a replacement vehicle could amount to more than a financial victory; it could also put you behind the wheel of a vehicle that’s safer to drive. If you’re driving a lemon car, don’t wait for an automaker to do the right thing. Call a lemon law attorney and get the compensation that you deserve.

The lemon car law is there to protect consumers against getting stuck with lemon cars. But getting the best results from your lemon law case usually requires hiring a lemon law attorney. Research shows that consumers who hire an attorney receive higher awards from automakers.

Tags: ,
Posted in Business | Comments Off

Enduring Powers of Attorney – Important Law Changes in New Zealand

Wednesday, August 11th, 2010

Do you have Enduring Powers of Attorney in place? If not, you may care to read on to see what could be a likely scenario in the event of your losing mental capacity for any reason, be it old age or an unforeseen accident or illness.

Firstly, you might ask “What is an Enduring Power of Attorney?” Pursuant to an Act of Parliament called ‘The Protection of Personal and Property Rights Act 1988′, every person is able to put in place types of power of attorney known as Enduring Powers of Attorney. These powers of attorney come in two forms, one for personal care and welfare and a second, for property matters. In relation to our personal care and welfare, we can only appoint one attorney at any given time, but in relation to our property matters, we can appoint two or more if so desired.

The distinct difference between these types of power of attorney and a ‘traditional’ power of attorney is that as the word ‘Enduring’ suggests, the Enduring Power of Attorney remains in full force and power if for any reason we lose mental capacity. Any other type of power of attorney ceases to be of effect on loss of mental capacity.

If you are thinking that you’ve heard all this before, you might care to stop and think for a moment, what happens if you lose mental capacity for any reason and you do not have Enduring Powers of Attorney in place! The Protection of Personal and Property Rights Act anticipates this situation, and provision is made in the Act for an application to be made to the Family Court for someone to be appointed as either a personal welfare guardian or a property manager.

However, whereas it might cost you around $400 – $500 per person to put in place Enduring Powers of Attorney for property and personal care and welfare whilst you are of sound mind, if application has to be made to the Court, following your sudden or unexpected loss of mental capacity, the costs are likely to be dramatically higher. Why is this and how much could it cost you might ask?

The simple answer is that it can cost several thousands of dollars to put in place arrangements, which could have been made for a fraction of that price with a little foresight. The reason for this is that in circumstances where an application to the Court is necessary, not only do you have a solicitor representing the person making application to be appointed as welfare guardian and/or manager, but there is also an independent solicitor appointed by the Court to represent the person for whom the power of attorney is required. A percentage (usually half) of that independent solicitor’s fees are usually met from a Government Consolidated Fund, but the remainder must be paid out of your own funds.

Before making an appointment as welfare guardian or manager, the Court must be satisfied that there is a genuine loss of mental capacity and it is necessary to seek medical opinions and a report is then filed with the Court by the independent solicitor. If the manager is to have the ability to deal with property in excess of $120,000 in value, this requires the consent of the Court also.

Sadly, the expense does not necessarily stop once an order of the Court is granted, as the orders for appointment of manager and/or welfare guardian must be reviewed in the Court every three years, requiring the same process to be followed once again and further costs are incurred.

Because the costs involved in having a manager and/or welfare guardian appointed by the Court are considerable, there can sometimes be circumstances where it may not be appropriate to incur the expense. Take for example a situation where there is an obvious loss of mental capacity but the person does not have any significant property in their name. It might be argued in those circumstances that it ought not to be necessary to apply to the Court to have a welfare guardian appointed, particularly where there is a surviving spouse or partner.

Changes To Protection of Personal and Property Rights Law

Effective from the 26th of September 2008 significant changes to the law dealing with Enduring Powers of Attorney have come into effect.

The Enduring Power of Attorney regime first came into being with the passing of the 1988 Protection of Personal and Property Rights Act.

Over time limitations with this legislation became apparent with occasional abuse of the power of attorney by attorneys. Furthermore, upon loss of mental capacity by the Donor, there was no reporting requirement on the attorney.

In 2001 a report was published by the Law Commission which highlighted a number of potential areas of abuse of Enduring Powers of Attorney including:-

• Insufficient protection for the donor when making an Enduring Power of Attorney, particularly in relation to a donor not being properly advised when signing.

• Attorneys failing to consult with a donor to protect the interests of the donor.

• The fraudulent use of Enduring Powers of Attorney.

In 2007 an Amendment Act which modified the original Act in certain areas was passed and new prescribed forms came into effect on 26 September 2008. Some of the significant changes to the Act and the focus of the Enduring Powers of Attorney are as follows:-

• The Donor of the Enduring Power of Attorney must now have his or her signature witnessed by a solicitor or registered legal executive and the witness must be independent of the attorney. Therefore, if a lawyer acts for a husband and wife and they wish to appoint each other as attorney, then the Donor will need to be referred to another firm for independent advice. Whilst this will lead to increased costs, the hope is that the new requirements will lead to better protection for Donors at the time of appointment of an attorney.

• The new prescribed form for the appointment of a property attorney contains certain options which did not form part of the old forms.

• One such option is for the appointment of a successor attorney where the appointment of an attorney has ceased.

• Another option allows for the donor to require the attorney to consult with certain specified people in exercising their power – these might include a spouse or other siblings where one of your children is appointed as your attorney.

• The Donor can also require the attorney to provide specific information relating to the exercise of the Enduring Power of Attorney to a nominated person or persons if those people request such information.

• If the Donor wishes the attorney to be able to benefit themselves or other specified persons after the donors loss of mental capacity this can also be specified in the Enduring Power of Attorney.

The Amendment Act also places a requirement on the witness to sign a certificate certifying that they have witnessed the execution of the Enduring Power of Attorney, they are either a practicing lawyer or registered legal executive, that they have explained the effect and implication of the Enduring Power of Attorney and that the Donor had mental capacity when they signed the form.

Notwithstanding that the new requirements will lead to increased costs, an Enduring Power of Attorney is a valuable document. The alternative if one loses mental capacity and does not have an Enduring Power of Attorney is an application to the Family Court and likely cost about $2,000 – $3,000.

The writer is an expert on senior law and you are invited to contact for a free initial consultation him via his firms website which is

http://www.harmans.co.nz

Brent Selwyn is a self employed lawyer in Christchurch New Zealand. He has been a partner of Harmans Lawyers since 1994 and heads the specialist senior law team at Harmans. Brent specialises in all aspects of senior law. He has a regular monthly column in the local over 50’s newspaper ‘Older & Bolder’ and has twice presented papers on his specialist subject of Elder Law at national confernces. Brent can be contacted fora free initial consultation via his firms website which is http://www.harmans.co.nz

Tags: , , , , ,
Posted in Business | Comments Off

Law Lemon Attorney

Thursday, July 22nd, 2010

Buying a new car is a big step for most people. A great deal of thought and research probably went into the process before you even entered the car dealership. With the amount of models and options available to the consumer today, it’s a wonder any of us can make a decision. But, you finally have and are the proud owner of a brand new car. Great! Everything’s brand new, there’s a warranty and everything should be smooth sailing from here on out. Sounds good but, unfortunately, that isn’t always the way it works out. For those unfortunate few, their new car will turn out to be a lemon. If you find yourself in this sinking ship, the best thing you can do for yourself is to consult with a law lemon attorney.

Even though all fifty states now have some form of the lemon law on their books, the conditions and coverages for these laws do vary. A law lemon attorney can help you sort through the particulars of the law for your state and will help you decide if you even have a case.

If you do, there are steps that will need to be taken before you can apply for the lemon law and criteria that will need to be met once you do. These steps include getting documentation for each and every repair ever done on the car, keeping all your invoices and receipts for these repairs, and documenting any and all conversations regarding these repairs that you have with the dealership. Most of the lemon laws require that your car be out of service for at least 30 days of the year to be eligible for coverage. Documentation will go a long way with helping to prove this. This can and will be a long and drawn out process and having a law lemon attorney may help to speed up the process a bit.

Some dealerships may offer you the use of a law lemon attorney, but be wary of this. These attorneys are not necessarily looking out for your best interests. Hire your own attorney. Many attorneys will offer you their services at no up front cost to you, only a percentage if you win your case. Others may charge you, but if you win, the settlement may include your legal fees anyway. Ultimately, having an law lemon attorney is a win-win situation.

By Ray Walker

Lemon Law Information [http://www.e-lemonlaws.com]

Tags:
Posted in Business | Comments Off

How Can an Attorney Help Me With Child Support?

Wednesday, July 21st, 2010

Child support is a very important legal matter that is best understood when discussed with an attorney. Each state has their own specific laws regarding support, although many are very similar if not identical. Attorneys in each state will be familiar with the laws governing financial support for children in their state and will guide their client through the process of determining child support and over any hurdles they face in reaching an agreement with their ex-spouse or in making their payments.

For example, when an individual who has been ordered to pay child-support suddenly and unexpectedly loses his or her job, panic may quickly set in. Most people understand the weight that not paying support can hold and may fear for their legal and financial well-being upon losing their job. An attorney will explain to the individual their options and will recommend a path to rectify the situation and work towards a solution. The attorney will answer any and all of their client’s questions so they understand their new responsibilities.

Child support is designed to help the custodial parent handle the costs of everyday living associated with the child. California has certain guidelines that are addressed when calculating the amount the non-custodial parent must pay in child support each month. Some of the factors considered include how much money both parents earn, or can earn, the amount of other income received by both parents, the number of children the parents have together, the amount of time each parent spends with the child(ren), the tax filing status of both parents and support of children from other relationships.

Other factors include health insurance expenses, union dues, retirement contributions and the cost of sharing daycare and uninsured healthcare costs. An attorney experienced in handling child-support cases will work to ensure that their client’s rights are accounted for in reaching a fair child support payment agreement. In some cases, the parents will agree on the child support payment, but when they cannot, a judge will determine support based on the above mentioned factors.

Taking once again from the previous example, child support may be adjusted if one party loses his or her job. An attorney will assist their client in the steps they must take when this is the case. They will also inform their client of the various consequences stemming from a failure to pay child-support, and will fight to protect them in such cases.

Justin suggests that if you need more information contact an experienced and professional Child Support Lawyer or review information online from a Family Law Attorney by browsing for the Diefer Law Group.

Tags: ,
Posted in Business | Comments Off

The Need For an Estate Planning Attorney

Friday, July 16th, 2010

Are you about to consider estate planning? What is estate planning by the way? Estate planning is the process of organizing the distribution of one’s assets to their heirs or beneficiaries. This is especially considered when an individual wishes to provide legal rights of his or her property in the event that he or she dies. Family members, friends, business partners or even an anonymous third party person can be entitled to become an heir or a beneficiary.

There are things that are important for the success of estate planning. One thing involve in this undertaking is the search for the best estate planning lawyer. Consulting an estate-planning lawyer entails not only with manufacturing a will but also ensuring that the client’s requests regarding his or her property distribution would be granted upon death.

Furthermore, an estate-planning lawyer will do more than just establishing a client’s legal will because in the process of doing so, he or she must also be adept at minimizing taxes and fees associated with personal or real property. A contingency plan should also be set up in case unwanted events like family or legal disputes arise. Other aspects that an estate-planning lawyer will deal with involve trusts, uniform probate code, gift tax, dynasty trust as well as joint tenancy.

Besides just giving assistance to an individual’s will, an estate-planning lawyer can also help you with organizing any personal or business records like brokerage accounts, retirement plans, savings accounts, checking accounts, insurance, business interests, and even debt personal property. Any miscellaneous legal planning involved in the process of planning an estate is a concern and part of the duty of an employed estate-planning lawyer.

Now, when you look for an estate-planning lawyer you must consider first of all his or her educational background and work experience. The best estate-planning lawyer must be very educated and experienced particularly in the field of estate planning and strategies. It is imperative that your estate-planning lawyer is familiar with state laws since each state has varying laws when it comes to wealth distribution. Moreover, he or she must have excellent knowledge on how to get rid of excessive probate or estate tax while keeping himself or herself up to date with the ever-changing tax and estate laws.

Of course, when choosing a qualified estate-planning lawyer, consider one that possesses a strong record. Determine by asking how long they have been specializing in estate planning. Search for one that has license to practice law in your state of residence. Actually, you can search for one by asking referrals from your close family and friends.

If you are faced with end of life decisions after you have lost a loved one, seek help from a reliable and affordable estate planning attorney. If you are living around Southern California, watched this video I just posted as you may find yourself having found the right California Probate Referee in Riverside.

Tags: , ,
Posted in Business | Comments Off

Every Attorney Needs a Marketing Plan – 7 Easy Steps

Tuesday, July 13th, 2010

Every lawyer in private practice should have an individual marketing plan, period. The plan should be short, specific, realistic and achievable. Think of legal marketing as your firm’s attorneys‘ investments in themselves. Billable hours are important for today’s income, but what attorneys do with non-billable time determines their future…and your firm’s.

Individual marketing plans should set forth what each attorney will do over the next 12 months to build, enhance and maintain relationships with key clients. It should also include activities to enhance each attorney’s credentials as an expert in their chosen area of law.

To be effective, an individual-attorney marketing plan should…

• Define a niche…specialists command premium fees and practice law in the areas they find most challenging and fulfilling.
• Establish expertise…each attorney’s goal should be to become a recognized expert in their chosen area of the law.
• Focus on industries and related trade associations…innovative law firms are setting up industry practice groups and marketing their services to specific industries. Becoming active in one or two carefully targeted industry trade associations is key. Get clients’ input on which group to join, and conduct due diligence to make sure it’s the right one.
• Include a personal contact list… starting with existing clients and referral sources. Update and expand the list continually to include people the attorney knows or wants to know.
• Invest in key relationships…focus on 20 to 30 people on whom the attorney can spend the bulk of their “networking” time.
• Include regular visits to top clients… asking smart questions, listening, learning, and responding appropriately.
• Give first-year associates a head start…by encouraging them to hone their networking skills, finding their niche and learning the law that serves that niche. Pair first-years with senior rainmakers who can act as marketing mentors.

Remember, clients hire lawyers…not law firms…and they hire lawyers they know, like and trust. You want your firm’s attorneys to focus their time and energy as much as possible on activities that create, enhance and maintain relationships with individuals in a position to hire or refer you.

This article has been excerpted from “The Little Black Book on Law Firm Marketing & Business Development… Everything A Managing Partner Needs To Know.”

Drawing on over twenty years’ experience in branding and positioning, Paula Black has advised law firms around the globe on everything from powerful and innovative design to marketing strategy and business growth. She is the award-winning author of “The Little Black Book on Law Firm Branding & Positioning,” “The Little Black Book on Law Firm Marketing and Business Development,” and “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” as well as founder and President of Miami-based Paula Black & Associates. For more information visit http://www.paulablacklegalmarketing.com

Tags: , , , , ,
Posted in Business | Comments Off

The Importance of a Criminal Defense Attorney

Friday, July 9th, 2010

The criminal justice system plays an important role in ensuring the rights of individuals are protected. One area that is essential to maintaining the rights of individuals is criminal defense. A criminal defense lawyer represents an accused individual charged with a particular criminal act. They ensure the accused gets a fair trial and is provided with a quality and ethical defense.

Criminal lawyers follow a strict code of conduct and ethics when representing a person accused of a crime. This is essential because in our system of justice, an individual charged with a crime is considered innocent until proven guilty by a judge or jury. Almost every expert agrees that it is always better to enlist the services of a criminal defense lawyer because the legal process can be complicated for the novice. Representing oneself in court can be confusing and overwhelming because knowledge of criminal law is essential to a fair and just trial. If one is unable to afford an attorney, the court will assign one who is known as a public defender.

Criminal defense lawyers act as both advocates and counselors for their clients. They play an important role in whether their client should plead or go to trial. They do this based on the evidence that is provided and the specific situation, such as a case of self-defense. They have established working relationships with prosecutors and are knowledgeable and experienced in all aspects of the criminal justice system. A criminal defense attorney will spend a lot of time going over the case, witness testimony, physical evidence, and their client’s testimony to decide how to proceed. He or she will keep their clients apprised of all aspects of the case and make recommendations on how to proceed. If the accused is going to receive the full benefit of a criminal defense lawyer, he or she will have to be completely honest and detailed with their situation.

After one is charged with a crime, the first person they should contact is a criminal defense lawyer. They should especially be present during police questioning. As well, the lawyer will arrange for the release. The lawyer will also handle such tasks as interviewing witnesses, preparing defense witnesses, enlisting experts, arranging for discoveries, managing and filing documents, research, and presenting the case.

When searching for a criminal defense lawyer, it is important to do your research such as interviewing the attorneys to ensure you have an experienced and qualified lawyer who understands your particular case. You can also search the internet, ask for personal recommendations from friends or family, or check with your local bar association.

If you are charged with a crime, it can be a scary and stressful time. You will have to face a prosecutor who is an expert in criminal law and is set on a conviction. A criminal defense attorney is there to guide you through the process and ensure that the trial is fair. A professional defense attorney will give you the best chance to either clear your name or help you obtain a fair outcome.

When you need Criminal Attorney Fort Lauderdale or Criminal Lawyer Fort Lauderdale, we use our experience as former Special Unit Assistant State Attorneys to aggressively, creatively, and professionally defend individuals charged with a crime. Contact us 24 hours a day, 7 days a week for your free consultation.

Tags: , , ,
Posted in Business | Comments Off

« Older Entries