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Friday, December 25, 2009

Legal Zoom Unauthorized Practice of Law

 Purchase Legal Forms
Frequent times I receive calls from Clients asking me why they should go with my services instead of purchasing a form from legal zoom. In North Carolina the answer is simple, my services are legal and legal zoom are not (see http://greatestamericanlawyer.typepad.com/ncapccd4.pdf)

Yes, legal zoom is alot cheaper than traditional services from an Attorney. However, legal zoom forms are often inaccurate and do not reflect the current laws and correct legal wording necessary and for the best results. Neither does the site or its owners guarantee that the information dispatched on its site are correct or up to date.

Legal Zoom has managed to become a household name. Unfortunately, consumers in the end are not saving money or receiving legal services. Within their disclosures and terms they state that they are not providing legal advice and recommend you seek the services of an Attorney.

Legal Documents are to be taken lightly, strongly advise your clients to seek your help before going with unauthorized document preparers. In the end they could be out of more than just the $30 dollars it cost to purchase the form, they could potentially end up in litigation or loosing propetection under the law based on the invalidation of the document.

Don't take my word for it, search the various complaint boards and sites out there for disgruntled consumers of the service and products. Wills and Contracts are not things to be taken lightly!

Monday, October 19, 2009

10 ways to Cut Costs and Increase Cash Flow

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  1. Create templates, charts, rather than purchasing hi-teck software programs for billing and client management
  2. Email clients information instead of sending it through mail and paying postage and for ink
  3. Pay your businesses bills online, instead of mailing checks
  4. Find other professionals to barter services with (designers, contractors, ect)
  5. Get help in the form of unpaid interns to begin with
  6. Shop around for communication packages, legal reseach, insurance and let them know that you are going with the most competitive rate
  7. Office supplies try shopping at Walmart and Target instead of Office retail stores, if you do use office stores then make sure you become part of the rewards program where you receive cash back rewards on your purchases
  8. Keep track of your expenses, because if you know how much you are spending you may not spend as much
  9. Try free advertisement sites, going to activities/functions, networking events where you can make great contacts and pass on your information
  10. Create a referral network with Attorneys in your area who practice in different areas of law and in different counties
  11. Don't over extend yourself by taking cases that will take too much time and pay little
  12. The longer it takes to get paid, the greater the risk of loss. The 80/20 rule states that 80% of your revenues are generated by 20% of your customers. If this is the case, it may be wise to review the other 80% of your customers to see if you can continue to serve them cost-effectively--GET YOUR MONEY UP FRONT IF YOU CAN
  13. Work from home sometimes, why expend gas to go into your office everytime you need to get work done?
  14. Recycle its good for environment and it will save you money (Ink, periodicals from home using them in office, ect)
  15. GO GREEN!
I'm sure you can think of some more ways but here are some basic ideas to get you started!

Monday, July 27, 2009

Hiring an Intern: Some Considerations

 POSTED BY
From FOXBusiness
.1. Understand what it means to have an intern
“Take time to think about what you want to get out of your internship program,” said Meghan Lantier, the coordinator of the internship program at Bliss P.R., a boutique 30- employee public relations company in New York City. There is a big difference between hiring someone with an eye to them one day becoming a full time employee, and hiring someone to lick envelopes, Lantier said.
In a small company, Lantier said everyone needs to be on board and excited about an intern. The fewer employees a company has, the more the internship program will need to follow an “all hands on deck” philosophy.
Companies looking to hire an intern need to understand that it isn’t slave labor, added David Lewis, president of OperationsInc, a human resources consulting firm based in Stamford, Conn.
Interns treated poorly will report their experience to the dean of their college and their friends. If their experience wasn’t positive, then your company could potentially damage its reputation and ability to recruit students from that school, Lewis said.
2. Know where to find them
Good students start looking for summer internships early in the year, so if you’re seeking top talent, it’s a good idea to advertise in January or February for a position starting in June.
The best place to find interns is at universities and in organizations where your employees are already affiliated, according to Mason Gates, founder of Internships.com, a job listing site.
“Getting to know your local career center is the most incredible thing you can do to make connections at a university. Get to know that contact, and they will speak highly of you and recommend you to students,” he said.
If your small business has a lot to offer and is in need of an intern, don’t be afraid to approach the head of a university’s particular discipline. This personal approach will set you apart from middle-range companies, Lewis said.
Although a college’s career counseling office should be every business’ first stop for recruitment, online job boards are also available. Job boards such as HotJobs.com, CareerBuilder.com, Dice.com and others are good options, Lewis said. Employers can post want ads for interns using
Other options include posting company information around campus on message boards and communal areas.
3. Be specific
“The clearer you can be about an intern’s role and the contributions expected, the more likely it is that you’ll be able to identify the right skill set and have positive results,” said Jenny Floren, CEO and founder of Experience.com, an online provider of career support to college students and graduates.
Point out in the opening paragraph what the business is and how many employees you have, she said.
If a small business can demonstrate that it wants to provide an educational and active learning experience for a student, it will make itself far more attractive than a 400 person company that is going to require that a student lick envelopes for three months, noted Lewis of OperationsInc.
Also, if your company is trying to recruit students from other areas of the country or world, make sure to mention in your ad that the company does not provide any type of room and board, and how long the internship lasts, according to Lewis.
“You’re only going to get good people in if you screen them and ask them the good questions,” according to Lewis. “You won’t know if you’ve got something crappy until you unwrap the package.”
He recommends asking student-geared questions in the interview because students interview differently than individuals with work experience. Employers should ask how they study, how they test, and go beyond the questions they can prepare for at the door Lewis said.
Instead of asking students about their strengths, ask them what classes they have taken, which ones they like, and which ones they didn’t like, and why they want an internship in the first place. These questions should offer a perspective on the student’s level of maturity, according to Lewis.
5. Give them “real” work to do
“Make sure you identify projects for your intern that are well-defined and will allow them to contribute value,” said Floren of Experience.com, “The worst thing you can do for an intern is to give them “busy work.”
Lewis seconded the thought that interns should be allowed to spend time with the leaders of the company.
“You don’t have to do a ton of work as a business to provide a good experience for the intern,” he said. Bring them to meetings, let them be observers, give them a chance to ask questions and interact with different people in the organization, he said.
6. Pay them
Duffy and Partners, a small 20-employee design firm in Minneapolis typically pays interns between $7,000 and $10,000 for a six-month internship depending on the candidate’s experience.
Although an intern’s pay will vary depending on the market, a stipend should be provided that will cover the student’s gas prices, according to OperationsInc’s Lewis. In most places, $10-$15 per hour is a reasonable rate, but that depends on the length of the student’s commute and how much class credit is being provided.
“I always advocate paying the intern something,” Gates of Internships.com said. “But if you don’t have a lot of finances and you get a free intern, then it’s your obligation to really educate the student.”
Even if your company can’t afford to pay an intern, Gates said to offer the intern whatever you have. “If your intern says, ‘I need to fly home to see my mom,’ then perhaps you have some frequent flyer miles for a free trip somewhere.”
7. Offer them college credit
For most interns, the experience is more valuable than the compensation, said Experience.com’s Floren.
“Not every student can afford to work for free,” she said. “However, in the grand scheme of things, the wage that a student will earn at that stage in their life isn’t going to make an enormous impact.”
The experience an intern will gain will accelerate their career path, something that money can’t do, Floren said.
8. Save Money
Today there is less overhead associated with having an intern than ever before, according to Gates. His company, Internships.com, employs eight interns, some of which are “virtual,” meaning they work from home on projects via the phone or Internet.
Because today’s interns are tech savvy, there is more opportunity to use them in unconventional ways to get the job done, Gates said.
If an intern is only employed for a certain period of time, like three to six months, they are not eligible for benefits. Also, if an intern works less than 40 hours per week, they are not eligible for benefits, according to Jay Zweig, an employment law partner with Bryan Cave, a business law firm headquartered in Phoenix Ariz.
9. Don’t keep them employed for too long
Most internships last for three to six months, and they really shouldn’t last any longer than that, according to Zweig.
Interns should be provided in writing the details of their internship when they start. The document should detail whether or not they will be paid and how long the internship is expected to last.
The United States Department of Labor has set state by state wage and hour regulations. Federal statutes governing internships say that unpaid internships have to have benefit the intern more than the employer. The internship must be put through a six-part test looking at whether the employer is getting work product, and whether the intern is getting training and experience to supplement what they would learn in college.
“Essentially, if the company is not just using the intern to produce work product that another full time employee could do, then it’s okay,” said Zweig.
Employers should also check state laws for more specifics. States including California and New York have unique laws about overtime and the amount of time you can keep an intern employed without offering them benefits.
10. Hire them if you like them
“In a small business, that additional resource at an internship level has a significant impact," Lewis of OperationsInc said. “You get a chance to get a fresh college graduate in a way that you wouldn’t if you hired a stranger right out of school.”
By working with a new hire as an intern for three to six months before they are hired, companies get to know their new hires in a “low-risk” setting, he added. .
At Duffy and Partners, Founder Joe Duffy only hires interns who are college graduates.
“We believe in hiring interns who are working their way into the work place so that the internship becomes a stepping stone into the full time job of their career,” Duffy said.
Seventy-five percent of Duffy’s interns are hired on as full-time junior designers because of the six month “trial” period they are put through as interns.

Wednesday, May 13, 2009

Young Solo Personal Injury Lawyer Seeks Same for Walks on the Beach and Possibly Office-Share Arrangement

Young Solo Personal Injury Lawyer Seeks Same for Walks on the Beach and Possibly Office-Share Arrangement

In order to reduce expenses, pool resources, and keep from going stir crazy, solo practitioners may find it advantageous to share office space with other lawyers. Besides the obvious conflicts that arise when a “Felix Unger” shares offices with an “Oscar Madison,” lawyers considering an office-sharing arrangement need to be aware of the potential ethical problems inherent in such arrangements. Specifically, office–sharing lawyers will have to take additional measures to ensure that the public is not mislead as to the relationship between the lawyers, protect client confidences, and avoid conflicts of interest. In addition, the lawyers must make sure that any fee sharing between the lawyers complies with the rules of ethics.
When lawyers not in the same law firm share office space, there is a risk that the public will assume that the lawyers are part of the same firm. Office-sharing lawyers have a duty to clarify the relationship. They must ensure that in any communications they make, the public is not misled that there is any professional relationship between the lawyers when no such relationship exists. For example, office-sharing lawyers must avoid naming their affiliation in a way that implies there is a partnership or other professional association where none exists. Pursuant to RPC 116, lawyers involved in office sharing must make certain that the public is not misled into thinking that the affiliated attorneys are operating as a partnership. Rule 7.5 prohibits lawyers from practicing under a false or misleading firm name or letterhead. Rule 7.5(e) prohibits lawyers from stating or implying that they practice in a partnership or other organization except when that is the fact. Comment [4] to Rule 7.5 specifically forbids office-sharing lawyers from using a name such as "Unger and Madison,” which falsely suggests that the lawyers are practicing together in a firm. The lawyers must use their own individual letterhead, pleadings, business cards, invoices, and advertising. In addition, all office signs must clearly represent the relationship of the lawyers practicing in the office. If office-sharing lawyers receive legitimate indications that their representations may be misleading, they must take steps to remedy the problem.
A primary concern for lawyers who share office space is the protection of client confidences. Lawyers who share offices must take extra steps to protect client confidentiality. The lawyers’ confidential files should not be accessible by other office sharers. Lawyers must make certain that staff members are familiar with the rules of professional conduct and take proper measures to ensure that the staff members act in compliance with the rules. See Rule 5.3. Lawyers should restrict access to computers, telephone lines, copiers, and fax machines. Lawyers may share common space such as a reception area and conference rooms. However, conference rooms and offices should be organized in such a way that confidential client conferences cannot be overheard. Lawyers may share a receptionist if the receptionist does not have access to confidential information and does not give callers or visitors the impression that the lawyers are operating as a firm. The receptionist should answer the phone with a generic greeting such as "law offices" instead of "law offices of Unger and Madison."
Although lawyers who share office space are not automatically barred from representing clients with adverse interests, they should be cautious about undertaking such adverse representation. Pursuant to CPR 274, it is conceivable that two or more lawyers may maintain an office sharing arrangement and represent conflicting interests if the confidentiality of each attorney’s practice is maintained both in appearance and fact.[1] However, lawyers sharing office space, who are perceived as practicing in a professional affiliation, risk being disqualified from representing adverse parties under Rule 1.10(a). (CPR 274 provides that attorneys may not represent conflicting interests if they share personnel or a common telephone number.) “Firm” is defined in Rule 1.0 of the Rules of Professional Conduct. Comment [2] to Rule 1.0 explains that whether an association of lawyers will be treated as a law firm depends upon the manner in which the association holds itself out to the public. Comment [2] specifically states that “[a] group of lawyers could be regarded as a firm for purposes of the Rule that the same lawyer should not represent opposing parties in litigation, while it might not be so regarded for purposes of the rule that information acquired by one lawyer is attributed to another.” The safest course of action is to enter into adverse representation only in exceptional circumstances and only with the informed written consent of each client.
Finally, any fee sharing between office-sharing lawyers must meet the requirements set out in Rule 1.5(e). Rule 1.5(e) provides that a division of a fee between lawyers who are not in the same firm may only be made if the total fee is reasonable, the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation, and the client agrees in writing to the arrangement.
Lawyers should contact their malpractice insurance carrier to discuss vicarious malpractice liability risks relating to office-sharing arrangements and to get the insurer’s risk management suggestions and advice. Sharing office space with another lawyer presents a unique set of ethical considerations. However, if the lawyers sufficiently address the issues presented, an office sharing arrangement can be both ethical and cost effective. If Oscar and Felix could do it, so can you.

Wednesday, April 22, 2009

Doing Business with Collegues and Associates

POSTED BY
Here are some basic tips,

1. If you are rendering a service or splitting fees with another Attorney (friends or not) make sure you agree on the terms and put it in writing. A signature from that person is sufficient to make it enforceable.

2. If you can ask for it, get some money up front.

3. Keep track of your hours and send the other Attorney an invoice to show the work you have performed and explaining your hourly rate.

4. If the other Attorney refuses to pay you, send them an invoice with a letter requesting the fees be paid within a certain amount of time. You want to keep the situation as contained and amicable as possible.

5. If all else fails take the appropriate collection methods. IF you have an enforceable writting you can 1. Sue or 2. Report that individual to the credit agencies or 3. Both.

Good Luck!

Thursday, March 5, 2009

How to not pay for CLE

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We all pretty much dislike CLE and having to pay for them. Nonetheless there are ways you can get the credit you need and bypass the dent in your wallet. Here are some tips

1. Make sure you are on the email List serv for Bar Associations and Groups. They often offer workshops and volunteer opportunities in which person's who attend can receive credit.

2. If there is a non-profit that you are in touch with Legal Aid, Children Defense Center, Capital Punishment, ect. Write to them and inquire as to when they will offer to workshops and training sessions to private trainings.

3. To be admitted to some courts, Federal, or specific administrative courts you need to receive some training. Make sure they report these trainings to the bar so you can receive credit.

4. Contact the State Bar, along with their listings for paid CLE courses they sometimes have listings of some free training and CLE courses.

5. If you are planning on taking a training course and it is related to your practice of law, Email/call the CLE representative at the Bar and request Credit. He or She will provide you with a form. You will need to submit that form along with a copy of the program and if it is approved you will receive credit.

6. SOme ogranizations have web seminars. In NC you are allowed up to 4 hours of online CLE per year. Repeat the process to receive credit listed in #4 and or you may ask the sponsor to submit a request to have the program recognized by the Bar. In the Later, all the sponsor would have to do is report your hours with he credit hours to the bar.

Of Course there are some CLE you want to attend and must pay for, but its worth a try to get the rest covered. Hope this helps and Good Luck!

Friday, January 23, 2009

ANOTHER NOTE ON DIFFICULT CLIENTS

 POSTED BY
DEAR BAR REPRESENTATIVE,

I have a client who continues to harass me even after I have fully completed their case and is threatening to report a frivolous claim to the bar. Is there a preventative measure I can take as far as write a letter on my behalf and explaining the circumstances? In addition, I have written several letters to the client explaining that I no longer represent them because they case is closed and no further action is necessary. Is it ethical to write a client a cease and desist letter to end harassment?

RESPONSE

DEAR ATTORNEY,

There is nothing really for you to do until a claim is filed.

You can inform the client only to contact you in writing by mail. You may block emails and not take phone calls.

Sunday, January 18, 2009

Laws, Resolutions and Policies Instituted Across the U.S. Limiting

Laws, Resolutions and Policies Instituted Across the U.S. Limiting
Enforcement of Immigration Laws by State and Local Authorities

http://www.nilc.org/immlawpolicy/LocalLaw/locallaw-limiting-tbl-2008-12-03.pdf

A note on how to deal with difficult clients

 Contributed by:

1. In the initial consultation set down the rules with the client, on expectations, and ground rules.

2. Make sure your client agreement outlines how payment will be accepted and your right to withdraw if you haven't received payment, if the client does an action to hinder and delay their case, if client harasses you, ect.

3. Let the client know your boundaries, i.e. office is open mon-fri from 9 am - 5pm. This kind of gives them an idea that they will most likely not reach you on a sunday.

4. Be careful what clients you give email access to. Most of my clients have been great with it, but some clients may abuse this access and email you constantly and that becomes a hindrance.

5. Document all communications with client, including, letters, phone calls. Be careful the information you place in them because a nasty client may use this information in a complaint down the line.

6. If you are noticing a problem with a client do not ignore it. Consult with your bar handbook and find out what are your remedies. Also look at your client agreement. If the action is covered in your agreement, you may have a valid point to withdraw.

7. Always get at least 50% up front before commencing services. This will avoid delays in gathering or preparing for the client's case.

8. In addition, consult with your colleagues on rates and on how to deal with such clients.

9. Stand your ground and be firm. If you let your client's irrational behavior slide, in the end you will be suffering the most.

10. In the end if its too much to deal with, plainly withdraw by giving your client, the court if necessary notice.

support the sole practitioner cause