Do-It-Yourself Estate Planning Should be Avoided for 3 Reasons

Read about the dangers of do-it-yourself estate planning from this HG.org article written by Deborah Sexton.

Don’t fall victim to the concept of do-it-yourself (DIY) estate planning. Sure, the idea of saving money that would be spent having an attorney draft your estate plan is alluring, but is it worth it?

Everyone likes to save money, but the truth of the matter is that you may end up costing your family more money than you save. A DIY approach may work well for constructing a backyard deck or renovating a bathroom, but an effective, well-crafted estate plan is not something that can be accomplished with just a book, a dream and an Internet connection, and here is why:

1. Almost all DIY estate planning kits are created on a one-size-fits-all principle. As a result, these kits use standard forms that require you to fill in the blanks. While it may sound easy, the problem is that these forms may result in loopholes that others could use to their advantage, destroying the plan you had in mind.

2. The tax laws are constantly changing and a DIY kit may not be keeping up with those changes. This means that your survivors may lose out on tax savings that a qualified estate planning attorney would be able to secure for them.

3. Using a DIY kit to plan your estate often results in people granting too much power and control to another party. They create a power of attorney that he or she doesn’t fully understand, and they do so simply because they are not aware that other, more appropriate alternatives exist.

Source:http://www.hg.org/article.asp?id=29373

Tips on Becoming a Lawyer

Do you want to become a lawyer? EHow.com shares some basic tips on how to become a lawyer.

If you want to become a lawyer, you may find that the process is overwhelming. The process of becoming an attorney is long and requires a great deal of paperwork and schooling. There are many things that you can do in order to ease the process and successfully become an attorney.

Do Well In School

• In order to become a lawyer, you must receive both a Bachelor's degree and a Juris Doctor degree. This means that you must attend an undergraduate school and law school. Doing well in school requires more than just being at the top of your class. It also requires that you take advantage of courses and opportunities that are available in school. You may get an undergraduate degree in any major that interests you, but consider taking classes in logic and writing. Writing is the most important aspect of being an attorney because attorneys spend significant time every day writing. A logic course is beneficial because a lawyer must use logical reasoning principles every day and will be helpful when you attend law school. Law school does not require students to choose a major, and much of the curriculum is left up to the students, so take classes that interest you and that you can apply yourself to do the best that you can. When you are in law school, you must be sure to take advantages of all opportunities that you can. Join clubs and societies that interest you in order to expose yourself to different areas of law and different view points concerning the law.

Take Advantage of Experiential Education

• Experiential learning is incredibly important for aspiring attorneys, however it is not as prevalent among law students as one would think. While in college, take advantage of internships that are available for credit. See if you can intern with a law firm. Not only will this give you a good idea of whether you would like to do this as a profession, but it will also allow you to observe and gain valuable insight that you can apply in your career. While in law school, take advantage of any clinics that are available and that interest you. Many law schools have clinical programs focusing on family law, tax law, criminal law, and employment law. These types of programs give you valuable practical experience that employers look to when considering potential employees.

Stay Positive and Remain Focused

• The process of becoming an attorney is long and it is easy to lose your focus. In order to go to law school you have to go to college, register for the Law School Admission Council and the Law School Admission Test. Remember that everything that you do has a purpose, and you are doing it so that you can become an attorney. Further, law school is difficult because it is a completely new experience and teaching method for most students. This becomes apparent in the first year of law school. Never forget why you are there and why you want to be an attorney. Do not become overly discouraged when things happen. Keep things in perspective, remember that lawyers do not win every case, motion, and appeal. Overcoming adversity is the way you persevere as a lawyer.

Complete All Paperwork Early

• There are many things you must do in order to become an attorney, and most if it requires considerable paperwork. You must apply to college and to law school. You must register for the Law School Admission Council and register to take the Law School Admission Test. You must sign up to take the Multistate Bar Examination, as well as the bar exam for your particular jurisdiction. These applications, particularly the bar exam application, take a considerable amount of time. For instance, for most bar exam applications, you must submit a great deal of information, including driving records and criminal background histories. It takes time to gather the information and you do not want to cut yourself short in doing this because it could cost you more money for filing late, or it could delay your ability to enter school or take the bar exam.

Take the Bar Exam Seriously

• The bar exam is not easy. The information necessary to pass the bar exam is voluminous and diverse. You must begin studying as early as practical, which is generally in the beginning of your second semester of your last year in law school. Sign up for a course that will help coach you on how to pass the bar exam and adhere as best as you can to its recommendations. Studying for the bar exam is a several month process and you have to take it seriously, but do not let it consume your life. Figure out the balance you need to preserve good mental health while learning as much as you can.

Source: http://www.ehow.com/list_6519879_tips-becoming-lawyer.html

Bankrupt? How to keep your assets

Chapter seven of the United States Code governs the liquidation of assets in consumer bankruptcy law. Under this law, properties and assets of those who petitioned for bankruptcy become “properties of the state.” This includes real and personal property. And under this law, a court-appointed trustee will determine assets that can be sold for the benefit of the creditor.

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This risk of losing assets and properties is a big threat for those in bankruptcy. However, bankruptcy litigation attorneys, like Evan Granowitz and John W. Kozyak, contend that one does not have to lose everything while in economic failure. Legal representatives ensure that the assets of the debtor are protected from seizure and sale. This can be done by declaring the assets as exemptions from the bankruptcy estate as per federal and state law. In addition, while the bankruptcy code liquidates properties, it also recognizes the basic needs of the debtor, hence it gives property exemptions.

Claiming property exemptions

Debtors must provide a list of their properties and their fair market value, description of the properties to be exempted, and the laws that apply to these properties. This list allows the bankruptcy court to evaluate the case. If no one objects to the exemption list within 30 days, the bankruptcy court cannot use the properties listed as payment to creditors.

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Homestead exemption

Homestead exemption applies to the property which serves as residence. Under this rule, debtors can seek immunity from forced sale of their homes. Different states have different degrees of protection under homestead exemption laws; however, the federal homestead exemption is $21,165.

Automobile exemptions

Motor vehicle exemptions protect a certain amount of equity on vehicles. The federal exemption for a car is $3,450. If all of the equity is covered by the car exemption law, then the trustee cannot liquidate the asset.

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Retirement Assets

Retirement funds, including pensions, profit sharing, deferred compensation plans, stock bonus plans, and Individual Retirement Accounts, have immunity from seizure. These assets are protected as they are one of the most important assets to the debtor.

Bankruptcy should not be feared and one should not lose everything to it. With proper knowledge, a person can keep his assets and properties despite the threats of liquidation.

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What to expect from your lawyer

Many people do not have their own lawyers to represent them in court. Some only hire a legal representative when the need arises, hence many people do not know what to expect from an attorney-client relationship.

Lawyers owe certain duties to their client. Such duties include the duty of confidentiality, duty to avoid conflicts of interest, duty to represent the client, and duty to provide competent representation.

The duty of confidentiality simply means that lawyers ought to keep everything that have transpired and will transpire between his or her client a secret. Information about the client’s affairs must be confidential and must not be used by other people unauthorized by the client.

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To avoid conflict of interest, an attorney must see to it that the clients he represents do not conflict with the interests of each other. This, however, does not mean that a lawyer cannot represent someone whose business is in competition with the other client. Avoiding conflict means that if a lawyer negotiates a lease for Client X, he cannot represent Client Y who wants the same space.

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Representing the client means that lawyers should always represent the interests and point of view of their clients. But it does not mean that they can condone fraudulent actions.

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Last but not the least, lawyers should provide competent representation. They should make the client aware if they have the experience and expertise to represent the latter. If not, the lawyers should refer an attorney who could best represent the client.

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The court asks: Are bloggers journalists?

Are bloggers journalists? This intriguing question turned out a weighty legal issue when a Cook County case in August last year spurred debate on whether bloggers must also be protected by the Shield law—a legal protection that prevent journalists from revealing confidential sources or even give up related materials used in a story.

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What happened with TechnoBuffalo.com, a California-based website brought to court for publishing an image of a smartphone manual before it was even released in public, is only a precedent of other similar cases that cropped up in many parts of the country. The website maintained that the image was leaked by an anonymous tipster and they ought to be given shield law protection. However, the court had another opinion. Cook County Circuit Judge Michael Panter ruled that the website does not qualify as a "news medium" and its bloggers as "reporters." Four months later, Judge Marco Hernandez of Oregon declared that Crystal Cox, a blogger from Montana who sued for a defamation case, is also not a journalist. In June this year, another blogger from Washington State named Shelle Hale was sued for posting defamatory statements against a company’s products. Hale alleged that the information came from anonymous sources. She later lost the case; her demand for shield law protection was rejected. 

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In view of the recent popularity of social media, shield law protection for bloggers remains among the complex legal issues in the country today. Until the day a legal framework is brought to differentiate traditional media work from blogging, this question remains: Are bloggers considered journalists? 

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Give Yourself an Easier Time of Making a Will

This article from HG.org shares the first step in estate planning, which is the act of collecting information.

Beginning the estate planning process can be a task that seems overwhelming. If you’re having trouble getting started, one of the easiest ways to begin is to collect some simple information you will need to write a will.

The act of collecting this information will often lead to thinking about inheritance decisions and other questions that are vital to the estate planning process. Additionally, you will need to have this information at hand when you actually sit down to make your plan.

Here are the types of information you will need:

 Your Property

A major part of estate planning is dealing with all your possessions and how you want to pass those possessions on after you die. You need to account for everything you own, including real estate, personal property and investments, as well as anything you still owe money on. Both debts and assets need to be accounted for prior to creating a will or other estate planning documents.

 

Your Representatives

Another key part of estate planning is choosing people whom you trust to manage your affairs should the need arise. You will need to select someone to represent your estate after you die, as well as one or more people to represent your interests should you become unconscious or medically incapacitated. You can choose both individuals and professional organizations, such as banks or trust companies, but you should think about who you would want to serve as your representative in emergency situations.

Source:http://www.hg.org/article.asp?id=29268

Protecting the tenant: Red flags of renter rights breach

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As provided for by statutory laws, the course of a lease contract should be smooth sailing all the way for the tenant. If there are issues that are encountered, most of them should be minor in nature and should be easily settled with common sense and diplomatic dialogue. Less frequently, though, some issues may seriously threaten the renter’s enjoyment of the rental—or worse, the renter’s ability to stay in the property.

In the event of the following cases, employing the services of lawyers, like Cheryl Chadwick, Evan Granowitz, and Ellen Kaufman Wolf, is the most effective way to preserve the following tenant rights:

1. Unreasonable forcible eviction. If the landlord serves a termination notice without any justifiable reason—especially if this is done without undergoing proper court procedures—then tenants may fight back by bringing the matter to court. No matter how seemingly valid a landlord’s case may be against a tenant, these aren’t legal justifications to take matters into one’s own hands.

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2. Discrimination. Surprisingly, the Department of Housing and Urban Development (HUD) still receives over 10,000 discrimination complaints in a year. If the HUD investigates and finds a reasonable cause to believe that the landlord is discriminating the tenant, then the latter may be sued for the damages that the tenant has suffered.

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3. Property is damaged and the landlord refuses to make necessary repairs. Potentially fatal damages may come in seemingly innocuous cases, such as a broken window pane, a dysfunctional heating system, and a leaking ceiling. If these have been brought to the landlord’s attention yet no action has been done, then legal action may be taken.

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For more information, visit WolfGroupLA.com.

Five reasons why your lawyer is not talking to you

Attorney Evan Granowitz of Wolf Group LA specializes in a variety of areas, including breach of contract, unfair competition, business torts, bankruptcy, and class action disputes.
 

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It is understandable when you, as a client, complain when your lawyer fails to show up to an appointment or doesn’t return your phone calls. However, there are times when clients have something to do with this kind of behavior. Here are some possible, straightforward reasons why your lawyers are not showing up or why they’re not talking to you:

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1. You may be too demanding and rude. If you think your lawyers are magicians who can do everything with a single whip of a wand, then reconsider this connotation to nurture a better working relationship.

2. You may be arrogant and inattentive. Although things have been explained to you several times already, you still ask the same questions repeatedly, all because you don’t like the answers given to you. As a result, your lawyer would rather not talk you than hear you ask the same questions over and over again.

3. You may be forgetting that you are the client. When you let other people deal with your lawyers, chances are you’re not hearing from them. Lawyers have no obligation to other people except to you—the clients.

4. There are no new developments to tell. The progress of legal cases needs time. So does your lawyers. When you don’t hear from them every day, it’s because they’re working on your case or something much more important than your concerns.

5. Your lawyers have personal issues. Some lawyers have ranging personal issues that result to this lack of diligence for work.

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You have entrusted your time and money on your lawyers to deal with some vital aspects of your life for your sake. Maintaining a good bench mark of a harmonious relationship with them leads to favorable legal decisions.

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