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Tag: legal advice

Categories
Estate Planning

How to Get Power of Attorney in California

A power of attorney (POA) is a document that allows a person to manage your affairs if you become unable to do so. If you believe you may need to get a power of attorney, it’s important to understand the different types available as well as how to get one successfully. Here’s how to get power of attorney in California.

How to Get Power of Attorney in California

Power of Attorney, or POA, is most often utilized when the individual handing over power has concerns about their ability to make legal decisions for themselves. This includes financial decisions (such as managing money), legal decisions (such as defending oneself in court) and medical decisions (such as when to stop life-saving interventions).

An individual who is applying for POA is called the “agent.” The person who is handing over the right to make decisions is called “the principal.” Agents must prove the POA is in the best interests of the principal, and/or that they agree before the document can be made official.

If you are considering seeking a POA for yourself or for someone you love, you must be prepared to jump through several hoops prior to approval. We’ll explain this topic, and how to get power of attorney in California, in the article below.

Is Power of Attorney What You Need?

A power of attorney is arranged in advance by people who are sick, in end-of-life care, or who simply want to ensure their needs are protected as they age. It can also be granted in special situations when it makes logical sense for someone else to make decisions on another party’s behalf, such as a spouse.

Rarely, POAs may also be used to grant decision-making rights before a principal is absent (out of the country for an extended period of time) or otherwise unable to handle their own affairs (jailed). For example, a military spouse may seek partial POA for a spouse who is being deployed in case they become incapacitated.

The POA system is intended to serve as a failsafe to help the principal ensure their rights and ability to take care of their affairs is protected. It is not intended to allow someone to “step in and take over” simply because they disagree with the other party’s lifestyle.

Furthermore, the principal must prove they are of sound mind and body before they can legally agree to a POA. Because POA is, in fact, a legal decision, someone who is considered unfit cannot agree. If the principal in your case is already unfit, alternatives like guardianship, conservatorship, and guardian ad litem status may be a better option. Ask your lawyer for an individualized recommendation.

Talk About It

Whether you are the agent seeking power or the principal, your first step should always be to discuss it with the other party. Does everyone agree to the POA? Why is POA the best option in this case? Does the agent or principal have special concerns about the exchange of power? These concerns should be resolved before you fill out any legal documents or submit a request.

If there are disagreements, it may be best to work with a lawyer who can protect the rights of the principal while helping to explain concerns to the agent. Your primary goal should always be to uphold the rights of both parties at all times.

Decide on the Type of POA You Need

In the state of California, POAs come in three specific formats. Each format addresses the principal’s rights and the agent’s responsibilities in a very specific way, granting them more or less power.

  • General Power of Attorney: A General Power of Attorney grants agents the highest level of authority and decision-making power. This includes legal decisions and financial decisions. It does not, however, give the agent the right to make medical decisions for the principal.
  • Limited Power of Attorney: A Limited Power of Attorney grants the agent only specific decision-making powers. These powers are outlined within the LPOA document and are most often decided by the principal. For example, someone might assign their accountant an LPOA if they want the accountant to handle their financial accounts during an extended stay overseas.
  • Power of Attorney for Health: A Power of Attorney for Health grants the agent the right to make decisions about medical care. This includes treatment options, changes to advance medical directives, procedure approval, and even, in the event of the principal’s death, the decision to donate organs. Generally, a POAH only becomes active when the principal is incapacitated.

An agent may be granted one or more of these POA types at the same time. For example, an adult who has dementia may grant an adult child both a GPOA to manage their finances as well as a POAH in the event of incapacitation.

Filling Out the Power of Attorney Form

If both the agent and the principal agree that POA is in the best interests of all parties, your next step is to fill out the correct forms. The University of Santa Barbara California (USBC) has a printable “Uniform Statutory Form Power of Attorney” form adhering to all requirements under California Probate Code Section 4401 at this link.

Please note that this form must be filled out in the presence of an official witness, such as a lawyer, a judge, a notary public, or a county clerk. This individual must not only witness the signing but also include a  certificate of acknowledgment of notary public to make the document official.

At the top of the form, you’ll find a short passage with several blanks. Have the principal add their name to the blank labeled “(your name and address).” Add the agent’s name(s) to the blank section labeled “(name and address of the person appointed, or of each person appointed if you want to designate more than one).”

Below, you’ll find a shortlist of grantable powers. Have the principal label each power they wish to grant in the small blank spot to the left of each power. Strikeout any powers the person does not wish to grant. If there are special instructions or nuances, add these in the next section titled “special instructions.”

Next, look for the line stating “This power of attorney will continue to be effective even though I become incapacitated.” If the principal does not wish for the power to continue after incapacitation, strike this out, too. Otherwise, leave it as-is.

In the section labeled, “Exercise of power of attorney where more than one agent designated,” you will find a blank line. If you wish POAs to make decisions collectively, write “collectively” here. If you want each POA to have the right to decide on matters alone, write “separately” instead.

Lastly, fill in the date at the bottom of the form and have all parties sign where applicable. Provided that your POA is valid and that it was witnessed by an officiant, it becomes legally official immediately upon signing.

Categories
Homeowners Associations

10 Homeowners Association Problems, California

Living in a community with a homeowner association has its benefits, but those benefits aren’t without their drawbacks. Here are the 10 most common homeowners association problems, California, that you might encounter.

Homeowners Association Problems You Might Encounter

Living in a community guided by a homeowners association (HOA) can be incredibly beneficial.

It gives you instant access to amenities and group activities you simply won’t find in other areas. That said, a lot of people who live in a community with an HOA complain about aggressive homeowners association rules and often express interest in learning how to get rid of a homeowners association.

While problems with neighbors can happen, the majority of HOA complaints stem from power-tripping board members creating arbitrary rules to serve their own needs. These are some of the most common gripes heard about HOAs on a regular basis.

1. Lack of Communication

It’s important for HOA board members to be active. It’s pretty common to hear stories about boards that seem to fall inactive, letting disputes go unsettled. This also means there isn’t clear communication about finances, maintenance, new rules, or other community expectations.

2. Common Area Maintenance

It doesn’t matter if you live in a condominium or in a planned community; the homeowners association is responsible for the upkeep and maintenance in common areas. This includes tasks like mowing park lawns, landscaping (for safety and beauty), ensuring shared gyms or recreation zones are in good repair, and even, in some cases, removing snow or debris after a storm.

If this isn’t happening, you have options. You’ll need to approach the HOA to express your concerns and find out why they aren’t completing regular maintenance before you can take further action.

3. Board Restrictions

In many cases, the elected members of the HOA board will make decisions the homeowners don’t agree with. This is most often a problem when they want to bring in a new service, ultimately costing HOA members additional money. Homeowners sometimes file disputes when they are upset at the board’s regular capital expenditures.

4. Resident Favoritism

Odds are you’ve seen at least one clique form in your lifetime. Homeowners association problems involving favoritism are a glaring example of how this behavior carries into adulthood. Sometimes, board members turn a blind eye when their close neighbors and friends break rules only to come down harder on others. It’s important to hold your board accountable so that rules are applied to everyone fairly.

5. Parking Problems

While speeding and other traffic violations are often handled by either local police or California State Police, the HOA can also step in. Your homeowners’ association bylaws may give the board the right to issues fines for safety violations under your agreement. These bylaws may also contain rules about how many cars can be parked in the driveway or on the street.

Most HOA agreements also take issue with commercial vehicles being parked on the property. This is not so much an issue for vendors working in the area, but for business owners who need to park their work trucks or vans when they go home at night.

6. Hanging You Out to Dry

Believe it or not, quite a few states have rules that prevent homeowners associations from telling you that you can’t hang your clothes in your yard to dry.

It’s called “solar drying” and your HOA must accept it as long as you discretely place your hanging zone in your own backyard. They can’t restrict you from attaching an eyelet or stringing up the rope. The only exception is if you share your yard with someone else.

7. Random Fines

Of all the homeowners association problems, this causes the most frustration among homeowners.

Your HOA may dislike something you’ve done. They may even send you a letter and threaten to fine you for a violation. Take a close look at your bylaws to make sure the offense is actually listed; there have been scenarios where HOAs tried to sneak in new or unlisted rules in an attempt to push people out in the past.

Homeowners associations aren’t allowed to fine you because they woke up one morning and decided your new unique planter isn’t to their liking. Nor can they demand you paint your mailbox sky blue. Check the rules and prepare to file an appeal if you think they’re in the wrong.

8. Antenna Restrictions

Your homeowners’ association has no right to dictate what service provider you choose for your cable service. They can’t force you to take down your satellite dish, either, even if they feel it doesn’t fit in with the aesthetic appeal of the neighborhood or not.

Check your association’s rules carefully. There may be some contracts that still restrict certain antenna types, but those are old contracts. As of 1997, the federal government says you can have whatever type of reception device you want.

9. Pet Problems

Dogs and other pets are another common homeowners association problem. While there aren’t typically rules preventing you from having a pet, there are definitely rules regarding whether or not your pet is a nuisance.

Some areas may be able to institute breed or weight restrictions. This is more common in condos than in freestanding home communities. Common pet problems include noise, leash law violations, and owners refusing to clean up pet waste.

Related: 10 California Pet Laws Every Owner Should Know

10. Holiday Decorations

Are you the type of person who absolutely loves decorating for the holidays? Wish they’d last all year? You may want to think twice before moving into a neighborhood governed by a homeowners association.

Most HOAs have rules regarding how far before and how long after holiday decorations may remain up. They will also sometimes limit the type of lights you can use, the size of your display, and whether or not you can use flashing lights or music. Of all the homeowners association problems on this list, you probably won’t have a difficult time with this one.

Read the rules carefully before you break out your holiday stash.

Conclusion

Whether you’re considering moving to a community with a homeowners association or you currently reside in one, you might encounter one or more of these homeowners association problems at some point.

if you experience a problem, you can attend your homeowners’ association meetings and express your concerns. If that doesn’t work, you should find a lawyer before taking any further action. An attorney familiar with laws relating to homeowners associations will provide the guidance you need to resolve the issue.

Categories
Employment Law

Suing Employer for Hostile Work Environment

Discover the difference between normal stress and stress caused by a hostile work environment so you can make an informed decision regarding legal recourse. Here’s what you need to know about suing employer for hostile work environment.

Suing Employer for Hostile Work Environment

Some employees can handle the stress. Some cannot. Some supervisors and managers are understanding of stress. Some are not. Most treat everyone the same. A few make life miserable for segments of the workforce and target them for some form of abuse.

A workplace can be difficult; even worse, it can be hostile. If your workplace is a hostile environment, you can bring a lawsuit against your employer. But you should know what makes up a legally hostile work environment compared with a generally difficult one. Certain conditions are required for a lawsuit to be appropriate and effective.

Learn more about employment law.

Normal Stress in the Workplace

Occasionally, employees are asked to work longer hours, or it becomes necessary to take on extra work or meet tighter deadlines. There are many stressful situations that occur all the time. This can lead to physical or mental exhaustion. Care should be taken to keep this from becoming a serious long-term problem.

There can be workers who are obnoxious or rude. There can be supervisors who are overbearing to everyone. A company might not offer the benefits and perks that employees expect or are hoping to receive. Workers can be unhappy at their work and feel overworked at times. But none of the above describes a hostile environment.

However, it could be the case that workers feel they might lose their jobs if they don’t get the work done properly or on time. They may dread going to the office every day. They may become depressed and turn to drugs or alcohol as a result. They may develop a physical illness that interferes with their ability to continue working at the same level or same pace. This is when it starts to look like a hostile environment.

If the workplace becomes a source of intimidation, harassment, or discrimination, it can be considered hostile. This could be subject to legal challenge. An employee must feel uncomfortable or fearful of his or her work-space due to the actions of an employer or coworker whose behavior is making it difficult or impossible for the employee to do the job.

Criteria for a Hostile Workplace

If almost every workplace exhibits stress, how can you determine if it is hostile?

For a workplace to be considered hostile, specific legal criteria must be met, including:

  • The actions or behavior in the workplace discriminate against a protected classification, such as religion, gender, age, race, or disability
  • The actions must be frequent or pervasive – they happen consistently
  • The problem is significant and has not been addressed by the organization
  • The hostile actions disrupt the employee’s work or career progress
  • The employer knew (or should have known) about the actions and did not sufficiently intervene

Harassment is a form of employment discrimination that is a violation of several laws including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is illegal conduct against a protected class including race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

When the enduring offensive behavior becomes a condition of continued employment or advancement, harassment becomes unlawful. When the behavior is severe enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive – this is harassment.

Offensive behavior includes rude jokes, racial slurs, epithets or name calling; physical assaults or threats of a physical nature; intimidation, insults, ridicule or mockery; offensive objects or pictures, and interference with work performance.

One example of a hostile work environment is a supervisor repeatedly asking a new mother to stay late to meet impossible deadlines and threatens to fire her if she does not.

Another example is a female employee who is constantly harassed by her male co-workers, touched inappropriately, or made to feel uncomfortable by lewd comments. Male employees can be harassed by female employees in a similar fashion.

Harassment can come from any number of individuals in the workplace, including a supervisor, an agent of the company, a coworker, a vendor who is controlled by the company, or a non-employee.

The victim does not have to be the individual being harassed. It can be anyone affected by the offensive behavior. Additionally, the harassment does not have to result in economic consequences or discharge.

It is also prohibited to harass or otherwise intimidate employees in retaliation for filing a discrimination charge against a company, or for testifying against / participating in an investigation (called the whistleblower’s policy).

Exploring Your Legal Action

The first step you would need to take if you are experiencing a hostile work environment is to ask the offending employee to stop the behavior or communication. If you find this difficult to do on your own, you should solicit help from a manager or Human Resources.

You need to put the offending employee on notice that their behavior is offensive, discriminatory, and inappropriate, and that you won’t tolerate it. Often, this will be enough for those employees who were ignorant of the offensiveness of their actions, or because they are embarrassed by your directness.

The next step is to report the incident to your employer who must have the opportunity to investigate the complaint and end the behavior. This is necessary before you can bring a suit against the employer.

If the employer does not respond to correct the problem, you have a probable cause to file a lawsuit. The company can avoid liability only if it can prove that it reasonably tried to prevent and/or correct the harassing behavior, or if it can prove you failed to take advantage of any preventive or corrective opportunities that it provided.

Prevention is the Best Tool

So, the question remains… Can I sue my employer for creating a hostile work environment?

Most employers today are conscious of the potential harm in harassment and a hostile work environment. They have policies in place and training programs to raise awareness and deal swiftly with any incidents that may occur. In most cases, employers provide an environment where employees feel safe and free to raise concerns that will be addressed. But there are exceptions. If you feel you are a victim of workplace hostility or harassment, you do have legal recourse.

Categories
Employment Law

What Qualifies as Wrongful Termination in California?

Employers in California may be able to fire an employee at any time, but if you were terminated for a reason you believe may be illegal, you may be able to collect lost wages, benefits, and more. So what qualifies as wrongful termination in California?

What Qualifies as Wrongful Termination in California?

California is an “at-will state,” which means employees can be dismissed at any time (at will) without giving a reason to the worker. Workers typically do not have contracts, and employers are not under any obligation to keep them employed. However, federal and state laws do provide some protections for workers who might be dismissed for illegal reasons.

Today, we’re taking a closer look at the following reasons considered illegal in California:

  • Breach of contract
  • Discrimination
  • Employer Retaliation
  • Violation of legal time off
  • Violation of public policy

Keep reading to learn more.

Contract Breaches

Contracts between worker and employer can be written or oral, explicit or implied. If a contract is not explicit, there still may be an implied promise of job security for a period of time with an implied commitment not to fire the employee without good cause.

The implied contract is valid, even though the employer hasn’t made actual promises but acts in a way that leads the worker to think he or she will remain employed.

Employer policies are often spelled out in a company handbook or published guidelines. These policies sometimes provide the framework for the employment contract and usually list the steps that must be followed to discipline and/or terminate a worker.

An example is giving a worker at least one warning before termination. If this policy is not followed for everyone, then there may be a case for breach of contract or discrimination.

Discrimination

Federal law provides protection to certain classes of workers against being terminated based primarily on being a member of that class.

These classes include race, color, national origin, sexual orientation and preference, pregnancy, age (over 40), religion, disability, genetic information, citizenship, marital status, AIDS or HIV status or other medical condition, military or veteran status, political activities or affiliations, or status as a victim of domestic violence, sexual assault, or stalking.

Employers may not make job decisions, including whether to fire a worker, based on these classes alone. If they do so, they are potentially guilty of violating any number of laws including Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA).

Employer Retaliation

According to the Retaliation Act of 1973, it is illegal for an employer to retaliate against workers for asserting their rights, including their right to work in a healthy and safe environment free from discrimination and harassment. If a worker feels these rights are being violated and the fact is brought to the attention of the employer and/or proper authorities, that worker is protected from retaliation from the employer.

Retaliation can take many forms. The worker can be reassigned to more difficult or less satisfactory work. The worker can be harassed, and/or asked to do tasks that other workers are not asked to do. The worker can be terminated unfairly; or the worker may just quit, thinking working conditions are no longer acceptable. In this case, the termination is considered involuntary. It is referred to as “constructive termination” and is a cause for a wrongful termination suit.

Filing a complaint against a company for unsafe or unhealthy conditions in violation of OSHA or other federal or state laws is the right of every worker. Termination as a result of this kind of complaint violates what is called the “whistleblower” law, and puts the employer in jeopardy of legal proceedings.

Similarly, filing a worker’s compensation claim is a legal right and one that cannot be the cause of retaliation in any form.

Violation of Legal Time Off

Federal and California laws allow workers the right to take time off for designated family and civic responsibilities. Employers may not fire or discipline their workers for exercising these rights. Protected leaves include the following situations:

  • Family and Medical Leave
  • Military Leave
  • Voting and Jury Duty
  • Pregnancy

Let’s take a closer look.

Family and Medical Leave

The Family & Medical Leave Act (FMLA) is a federal law that allows workers to take time off for medical or family emergencies. California has a similar law but it is modified somewhat to include domestic partners in the definition of “family member.” Workers who take the FMLA leave are legally entitled to return to their previous position following the leave.

Military Leave

Workers are permitted by federal law to take up to five years of leave to serve in the military and must be reinstated when they return to work. The law protects workers from being discharged without good cause for up to one year after they return from duty.  It also protects them from discrimination based on their military service.

Voting and Jury Time Leave

If there is not enough time to vote during non-working hours, California allows workers time to casts their ballots with up to two hours of paid time off, taken at the beginning or end of the worker’s shift.

The state of California also allows workers unpaid leave for jury service. Employers may not penalize workers for jury service or they may be given wrongful termination penalties as well as criminal sanctions.

Pregnancy Leave

California employers with at least five workers must provide those eligible workers with up to four months of disability leave for pregnancy. The time given is in addition to the time off provided under the family and medical leave laws. A California worker is allowed to take four months off for a pregnancy leave and another 12 weeks off for nurturing and bonding.

California also grants up to 10 days leave to eligible workers to visit with a spouse who is on leave from active military duty. The state also provides time off for a child’s daycare or school activities, for domestic violence or drug abuse, for alcohol or drug rehabilitation or for bone marrow or organ donor leave. A worker may not be terminated for taking advantage of these protected leaves.

Violation of Public Policy

Claims of violation of public policy are similar to but slightly different from, retaliation claims. While retaliation claims are based on specific and specified rights and laws, claims for public policy violation need not be based on labor laws or even specific statutes.

If a worker is asked to do something illegal and is fired for not doing so, the employer is guilty of wrongful termination. No one should be fired for protesting or refusing to participate in illegal or unethical behavior.

Violating public policy resulting in wrongful termination is a form of personal injury, which means a worker can collect not only lost wages and benefits but also damages for emotional distress as well as punitive damages (if an employer’s actions are particularly egregious or harmful).

Conclusion

Employers in California can terminate an employee at any time, with or without notice. However, the state has created several laws that protect employees from being fired for reasons considered unethical.

  • Breach of contract
  • Discrimination
  • Employer Retaliation
  • Violation of legal time off
  • Violation of public policy

If you were let go from employment due to one of these reasons, you can collect lost wages, benefits, and more. To get started, you need to find an attorney who specializes in employment law. This type of attorney will be knowledgeable of California employment law and guide you toward a resolution.

If you’re not sure where to find an attorney, we can help!

Give us a call at 818-340-4529 or fill our the attorney request form and we’ll help match you to the best attorney for your needs in your area. To keep things simple, we’ll even help you schedule a free consultation so you can discuss your legal matter and make a more informed decision.

Categories
Estate Planning

What Is An Estate Plan? (And 10 Reasons You Need One)

What is an estate plan and why is it important? These 10 reasons will help you better understand your estate planning needs.

There is a common misconception that estate planning is only for the wealthy. It is true that higher income earners benefit from the tax advantages of estate planning along with other financial products in their portfolio. But everyone can use some degree of estate planning.  The plans are tailored to the individual.

And even though it forces an individual to consider his or her own death, it also invites them to think about their heirs and the benefits they will receive. The process maximizes the amount of wealth a person has that can be transferred to the next generation.

What things should you think about regarding the creation of an estate plan? The plan should cover the assets you own as well as the factors that can reduce their value, like taxes, insurance, and debts. But insurance adds the value of protection.

You also need to decide who will receive the benefits of your estate and whether you want to continue managing your account or turn it over to someone else to manage.

Here is a checklist of the items considered fundamental to a good estate plan.

1. Cover the Basics

A good estate plan should cover what happens in the event of both death and disability and how your heirs will be financially protected. There are many important decisions to make. How can your estate minimize taxes and avoid probate? Who will be your beneficiaries and how will assets be distributed? How do you want your property handled? Who will watch out for your minor children? And how do you want medical treatment to be administered? These are fundamental concerns that we all have that should be addressed long before impending death or disability will have a seriously negative impact on our family.

2. Understand Tax Implications

The law allows you to give away or leave substantial amounts of property tax-free. So, most estates don’t owe federal estate taxes or gift taxes. These two are essentially one tax called the “unified gift and estate tax.”

For deaths in 2018, estates can leave or give away a total of up to $11.2 million before they need to pay taxes. This amount will rise each year with inflation. This is the personal estate tax exemption. If your estate is worth less than this exemption, you will not owe a federal estate tax when you die. 99.9% of estates fall into this category. The amount of this personal exemption may be reduced if you have made taxable gifts during your life.

Married couples are allowed to transfer up to twice the exempt amount tax-free. All assets you leave to a spouse (U.S. citizen) or tax-exempt charity are exempt from the tax as well.

3. Plan Ownership of Your Assets

Assets that have title documents are set up to be automatically transferred upon your death to a co-owner, typically a spouse. These assets include real estate, motor vehicles, etc.

The title document should indicate that ownership is held jointly with rights of survivorship. If the property exceeds a certain amount of value, it might trigger a federal gift tax.

4. Designate Your Beneficiaries

For some assets, you can specify who will receive the property upon your death without first giving them ownership rights. This is usually done through a “pay-on-death” directive (e.g. financial accounts) or a “transfer-on-death” directive (e.g. real estate or motor vehicles).

5. Obtain Insurance for Debts

It is advisable to have insurance in the event of death or disability for debts including life insurance, disability insurance, burial expenses, and auto insurance.

Insurance can be costly but probably a lot less than the added expense to your family of having to pay off large debts they may occur upon your death.

6. Draw Up a Last Will and Testament

The property must be probated upon your death unless you have a last will and testament. You can specify how assets can be distributed (if joint ownership has not already been established). You can specify guardianship for your minor or disabled children. And you can appoint someone you trust as the executor of your estate.

7. Consider the Appointment of a Financial Power of Attorney

You can authorize someone to act on your behalf in financial matters. As the person giving the authority, you are called the principal, and the person you give authority to is called the agent or attorney-in-fact.

The power of attorney (POA) can become effective immediately or upon some event in the future such as your mental incapacity. If effective in the future, it is called “springing” power of attorney. The authority granted by POA ends with the death of the principal.

8. Consider the Appointment of a Health Care Power of Attorney

Similar to a financial POA, a healthcare POA can make decisions regarding your health in the event you are physically or mentally unable to make decisions for yourself. You should consult with your healthcare POAon your desires for future medical treatment.

In addition to the healthcare POA, you can create a living will that sets forth directions on whether you want life-prolonging treatment if you become terminally sick or injured and unable to communicate your wishes.

In some states, the healthcare POA document and the living will document are combined into a single “advance health care directive.”

9. Consider a Living Trust

To avoid probate, many people consider a revocable living trust in which you transfer your property to a trust and you become the trustee. While you are alive, you control the trust and you appoint a successor who will control the trust after you die. You can designate trust beneficiaries who will receive your property upon your death. You may revoke the trust at any time or add or remove property at any time.

Or, if you wish, you can establish an irrevocable living trust (typically used for Medicaid planning). This also avoids probate but you have to give up the right to revoke it.

10. Create a Business Plan

If you own a business, you should create a business succession plan to lay out the steps that should be followed in the event of your death including naming a successor or business transactions that should be executed. If you are in business with others, you should establish a buyout agreement.

An estate plan is a good way to make sure that your business and your family’s future are protected from government dilution through court and federal tax processes when you die.

Categories
Finding An Attorney

How to Find a Good Lawyer in Los Angeles

Knowing how to find a good lawyer in Los Angeles is the first step toward winning your legal case. Here’s how to find a good lawyer when you need one most.

If you need help resolving a legal matter, you need to know how to find a good lawyer.

This is one of the most important steps to finding legal representation, as it could directly impact whether or not you win your legal case. As an attorney referral service, we have years of experience helping people find the best lawyer for their legal needs … and we’ve learned a thing or two over the years.

We’ve learned a lot over the years, so we gathered a few tips to help you better understand how to find a good lawyer when you need one most.

In this article, you’ll discover the importance of finding a lawyer with relevant experience, where to find a lawyer, and what questions you should ask.

Let’s take a look…

How to Find A Good Lawyer in Los Angeles

If you’re like most people, you probably don’t have–or need–a lawyer on retainer.

That’s okay!

Most people start looking for a lawyer when they suspect they need one to resolve a potential legal matter. To help you get started, we gathered a few tips to help you get started and better understand how to find a good lawyer in Los Angeles in the first place.

Here’s how to find a good lawyer:

  • Identify the type of lawyer you need
  • Contact your local bar association for qualified lawyers near you
  • Look for ratings and reviews for insight
  • Ask friends and family for recommendations
  • Make a list of lawyers you’re considering
  • Take a look at the lawyer’s website for more information regarding their experience
  • Consider the size of the firm if applicable
  • Make an appointment to discuss your legal matter with the lawyer
  • Ask questions during your initial consultation
  • Discuss the cost
  • Select the lawyer that stood out to you as the best option available.

Identify the Type of Lawyer You Need

Lawyers tend to specialize in one of the main areas of law, so the first step to finding a good lawyer is identifying the type of lawyer you need.

If you experienced a personal injury, you should look for a personal injury attorney. If you were sexually harassed at work, look for a sexual harassment lawyer.

  • If you are struggling with finances, you might need a bankruptcy attorney.
  • For estate planning or creating a will or trust, look for an attorney who handles trusts and estates.
  • If you were disabled at work, look for an attorney who handles Social Security Disability (SSD) and Personal Personal injury attorneys can also help with cases involving car accidents, dog bites, medical malpractice or other injuries caused by someone else.
  • If you need assistance with divorce, child custody, adoption, guardianship, pre or post-nuptial agreements, look for an attorney who handles family law.
  • If you are charged with a crime, you may be facing large fines or prison, and you should seek the help of a criminal lawyer who has tried cases like yours.
  • If you feel you were fired because of age, sexual preference, or because you complained about unsafe conditions – or any of several other protected classes of employment – you should seek an employment law
  • If you want help with a corporate merger or are starting a business, look for a corporate attorney.

Where to Find A Good Lawyer

Once you have determined the area of law you need help with, you should start looking for an attorney with that specialty. Start by contacting the San Fernando Valley Bar Association to learn more about the qualified lawyers in the area.

If you want to find a good lawyer fast, consider contacting your local Attorney Referral Service.

As an Attorney Referral Service in San Fernando Valley, we work closely with a variety of lawyers who specialize in the various areas of law and ensure they are all qualified and in good standing. We understand how overwhelming it can feel when you need to find a good lawyer, which is why we’re dedicated to making it as easy as possible for you.

All you have to do is tell us a little about your legal matter and we’ll match you with the best lawyer for your needs.

To top it off, we’ll even help you get a free 30-minute consultation so you have a chance to discuss your legal issue with the lawyer in person.

Ask Questions During Your Consultation

If you come up with one or two possible lawyers, be prepared to meet with them and set up a consultation. But first, ask if the consultation is free or if there is a charge,

You already have some information that you found online. But now you want to ask questions that are relevant to your own case. Ask about how the attorney will charge for his or her service. Will it be by the hour or on a contingency basis? Or is it a flat fee (which is often used for family law)?

A contingency arrangement means the lawyer will take on the financial risk of your case and will not collect legal fees from you unless he or she recovers money for you. Your attorney will receive a percentage of the settlement amount, typically 30 to 40 percent.

In addition to cost, ask the attorney about time. How long might your case take – before going to court and the length of the court process? It would be just an estimate, but it should be based on previous experience with cases similar to yours.

When can the lawyer begin to work with you? Is he working on other cases right now? Will he or she be your primary contact throughout the legal process or will you be turned over to a junior associate to handle much of the work? And who exactly will represent you in court if needed?

You can also ask about the success rate in previous cases. What is this attorney’s track record in winning cases or getting satisfactory settlements? Ask for references from previous clients who were happy with the service of this firm.

Once you and your attorney agree on how your case should be handled, you both sign a letter of engagement stating the terms of the agreement, and you are ready to go.

Categories
General Legal Information

Finding a Los Angeles Lawyer to Help Represent You

Statue of justice

Sometimes a situation arises where you just need to talk to a Los Angeles lawyer. You want legal advice in some matter where you feel you have some kind of legal recourse but are not sure about how to get it.

You may feel you need a lawyer’s input to make sure you will take the right path to resolve the issue you are facing. Sometimes you wonder if there is a way to just handle things yourself, but you don’t have the experience or the confidence to take the right steps or to prepare the right documents that might be needed.

So you have to ask yourself the question: “Can I and should I represent myself?”

Should you represent yourself?

In most situations, you can represent yourself, although many companies like banks and insurance companies have mandatory arbitration or mediation clauses in the contracts you sign.  These provisions mean you have to solve disputes through a third party out-of-court.

But in court cases  where representation is possible, the other questions is “Should you represent yourself? A few instances where you might be considering representing yourself include:

  • a certain type of small claim that you want to make
  • an uncontested divorce
  • an administrative legal issue

Usually, these are the simpler legal cases where there are fewer conflicts and less severe penalties involved. The claim is generally between $25,000 and $100,000.

You may want to represent yourself in a small civil suit rather than undertake the cost of a full-time attorney or you may want to work with someone else other than a lawyer.

If you decide to handle things yourself, there are still enough issues and concerns to warrant at least some discussion with a Los Angeles lawyer. You would be wise to have a legal consultant to make sure you are doing things the right way.

Getting legal advice on strategy and tactics may cost you a little money, but not nearly the amount of having a full-time attorney handling your case. The idea is to find a lawyer, not just any lawyer, but one who is experienced in the type of issues involved in your lawsuit.

For example, conducting a lawsuit with a  personal injury attorney can be very different than conducting a lawsuit based on a contractual dispute.

What is your area of need?

There are required steps to follow and forms to file in just about every area of law. How you proceed may determine the success of your case. There are also red flags and potential obstacles to be aware of along the way.

Divorce

There are some traditions that guide usual court outcomes. For example, in a divorce case, usually the longer the marriage, the more likely you will need a lawyer. The amount of alimony or child supports a spouse is entitled to increases quite a bit after 7-10 years of marriage. So if the marriage has lasted this long, it is advisable to have a Los Angeles lawyer represent you. Though you may be considering representing yourself in the following situations, it is advised to seek legal advice.

  • If the marriage is fairly recent and there is no child custody argument
  • If there are any premarital properties or assets involved
  • If you and your spouse have agreed to dissolve the marriage in an uncontested way

On the other hand, if it is a completely “no fault” divorce, and everything has been agreed to including the division of assets and responsibilities, it is possible that there will be no court hearing or appearance at all.

Bankruptcy

You can consider representing yourself in filing for bankruptcy if you have limited assets and no creditors claiming fraud. If you file for “Chapter 7 Bankruptcy,” chances are your case will not be dismissed.

However, if you own a business and have significant assets, you may want to think about a Los Angeles lawyer in filing for “Chapter 13.”

You should be aware that a bankruptcy trustee is appointed to oversee your case and look for any potential problems like fraud or claims of fraud. Any errors on your part could lead to possible civil or criminal charges against you.

Criminal court

If you are arrested for a crime, you have a right to an attorney. If you can’t afford a criminal defense attorney, the court will appoint a Public Defender.

The Public Defender is better than representing yourself. The Defender has legal experience but does not have a great deal of time to spend on your behalf.

Representing yourself in a criminal case can be difficult and can add to your problems. Just with any kind of law there are pitfalls that a trained lawyer can assist with. If you are at an arraignment hearing alone, you could be taken into custody right away with a high bail set.

If you are unaware of legal terminology, you may test the patience of the judge.

Since a judge prefers legal representation, without it, you will not get priority treatment for hearings. You may be put at the “end of the line” and have to wait all day. If you don’t have the police report, the delay could be longer.

You must ask for permission to represent yourself, and the judge may ask you some questions to show you know what you are getting into and understand the nature of the court process.

The judge may also appoint a stand-by attorney to step in and help when needed.

You will have to make sure you do whatever research is needed and you follow appropriate protocols. It is much safer for you to have your own Los Angeles criminal defense attorney working full-time to build your case.

How should you act in court?

Whether representing yourself or working with an attorney, there are things you should be aware of to give you a better chance for a positive outcome.

  • Preparation for a court appearance starts with your own appearance. How you dress can have an effect on how you are perceived.
  • You should practice what you are going to say. If you have a testimony to give, you should practice that as well as prepare for any questions you may be asked.
  • Be mindful of what you are allowed to carry in your pockets or purse. There are some prohibited items. A Los Angeles lawyer could advise you on matters like these.
  • You should bring evidentiary documents you need as originals, not photocopies because they could be altered and challenged.
  • There are so many things to be cognizant of in a criminal case. You should take notes on testimony and be aware of what the other side is saying, and be ready to challenge or rebut anything controversial.

Knowing legal terms, how to address the judge, what are acceptable responses to questions, how to dress, where to sit, what documents are needed, what witnesses should be called, and a lot more – all these need to be considered to help you win your case.

Having an attorney makes it so much easier. The best way to find a Los Angeles Lawyer is through a qualified and certified Attorney Referral Service (ARS).

The ARS will listen to your problem and advise you on whether it is a good idea to represent yourself, and if so, how you might want to get some legal advice on how to proceed.

The ARS can also recommend an attorney who can work as an advisor or stand-by counsel who can support you as needed. This allows you to do much of the work involved in building your case but gives you the safety of having that legal backup that is so important.

How do you get started with a Los Angeles lawyer?

If you do choose to work with a Los Angeles lawyer, how do you proceed? First of all, contact an attorney early to take advantage of any free or low-cost advice and to give the attorney time to get started on your case.

It may not be possible for the lawyer to give you all the services you want within the budget you have. But many lawyers offer unbundled services or sliding-scale fees. Or they can refer you to other lawyers who can work within your budget.

Yes, you can represent yourself. But the best way to minimize your risk is with legal counsel to get you started and to stand by you when needed.

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