tag:blogger.com,1999:blog-91741587254835485372024-03-19T03:03:51.549-07:00Personal Family General CounselThis blog was developed to educate families about the importance of building a relationship with a personal family general counsel to perform legal general counsel services for their families.Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-9174158725483548537.post-25038596144414913832011-04-23T09:38:00.000-07:002011-04-23T09:38:45.647-07:00Every Adult Needs a Living Will. Here’s How to Draft One.<div style="text-align: justify;">A living will, also known as a health care proxy, is a document that allows you to express your wishes regarding specific medical treatments in the event that you’re dying, incapacitated, or otherwise unable to communicate your preferences. Every adult 21 and older should have one, but studies suggest African Americans are largely unaware of living wills and their value. According to a recent report from the National Center for Health, just 13% of African Americans have a living will in place, compared with 32% of whites.</div><div style="text-align: justify;"></div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">To draft a living will, start by envisioning a scenario where you are unable to make your own decisions. Consider exactly how you’d want your health care handled. If you were in a coma, for example, at what point would you ask to be removed from life support? Or, if your life is being sustained by a feeding tube, would you want the device removed so that you can pass on? These issues are important because without a directive, doctors will be forced to prolong your life.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Try to avoid emotion. Instead focus on how you’d want your doctors and loved ones to handle these important decisions on your behalf. Get your goals and wishes down on paper, and then share them with an attorney or other qualified individual who can make your desires “official.”</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;"><strong><u><em>The Dos and Don’ts of Living Wills</em></u></strong></div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Do take some time to plan ahead and consider what your wishes would be if you couldn’t make decisions on your own.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Don’t think that just because you don’t have a large amount of assets that you don’t need a living will.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Do structure your living will in a simple, straightforward fashion that will allow loved ones to easily make decisions on your behalf.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Don’t wait until it’s too late to create this very important document.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Do consider as many “What If?” scenarios as possible when drafting your living will.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Don’t assume that just because you are young, or because no one else in your family has a living will, that you don’t need one.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">If you have any questions or concerns about a Living Will, please contact me at (800) 730-5691 or <a href="mailto:dalexanader@dja2lawapc.com">DJA2LAW EMAIL</a>.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;"><strong><u>* Article written by Bridget McCrea - </u></strong><strong><u>Posted in B.E. Exclusives, How To, Personal Finance, Personal Finance Exclusives on Tuesday, March 15, 2011, 7:00</u></strong></div>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-41977780431125763472011-03-20T12:11:00.000-07:002011-03-20T12:11:57.040-07:00We Know Not When We Shall PassCheck out this great post by <a href="mailto:shaffer@pslawyers.com">Shadi Ala'i Shaffer</a> about the importance of Estate Planning. <br />
<br />
<a href="http://www.gettrustnow.com/2011/03/we-know-not-when-we-shall-pass.html">We Know Not When We Shall Pass</a>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-33189825103590743002011-03-10T20:33:00.000-08:002011-03-10T20:33:09.421-08:00Why You Shouldn't Be Ashamed of Filing Bankruptcy<a href="http://goarticles.com/article/Why-You-Shouldn-t-Be-Ashamed-of-Filing-Bankruptcy/4305633/">Why You Shouldn't be Ashamed of Filing Bankruptcy</a>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-62738282767919081172010-11-30T08:56:00.000-08:002010-11-30T08:56:48.203-08:00Residential Short Sale Can Be A TrapUnderwater loans and a difficult real estate market have made short sale of homes a popular alternative to bankruptcy or foreclosure. However, <a href="http://www.bankruptcylawnetwork.com/2010/04/13/bankruptcy-and-short-sales/">bankruptcy may be a better option than short sale</a>. Homeowners, trying to do the “right thing” are learning that no good deed goes unpunished. The short sale of homes often causes more problems than it solves. To learn more follow the link below or contact me via email at <a href="mailto:dalexander@outhousegeneralcounsel.com">Daniel J. Alexander II</a> or by phone at (951) 737-4040 x1.<br />
<br />
<a href="http://www.bankruptcylawnetwork.com/2010/11/17/residential-short-sale-can-be-a-trap/">Residential Short Sale Can Be A Trap</a>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-30939807210662599192010-11-16T19:46:00.000-08:002010-11-18T08:24:35.561-08:00Probate For Dummies....<h3 class="UIIntentionalStory_Message" data-ft="{"type":"msg"}"><span class="UIIntentionalStory_Names" data-ft="{"type":"name"}"> </span><span class="UIStory_Message" style="font-size: small;">Probate = "A lawsuit, you file against yourself, with your own money, for the benefit of your creditors." </span></h3><h3 class="UIIntentionalStory_Message" data-ft="{"type":"msg"}"><span class="UIStory_Message" style="font-size: small;"><i>Credit Estate Planning Seminar given by <a href="mailto:shaffer@pslawyers.com">Shadi Ala'i Shaffer</a></i> </span></h3><h3 class="UIIntentionalStory_Message" data-ft="{"type":"msg"}"><span class="UIStory_Message" style="font-size: small;"><span style="font-weight: normal;">If you have any questions about how to avoid probate, please contact me at (951) 737-4040 ext. 1 or </span><a href="mailto:dalexander@outhousegeneralcounsel.com" style="font-weight: normal;">The Personal Family General Counsel</a> </span></h3>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-70377425443701603292010-11-12T21:03:00.000-08:002010-11-12T21:03:34.905-08:00Do I Need a New Will if I move to Another State?<a href="http://estateplanninginfoblog.com/2010/11/%E2%80%9Cdo-i-need-a-new-will-if-i-move-to-another-state%E2%80%9D/">http://estateplanninginfoblog.com/2010/11/%E2%80%9Cdo-i-need-a-new-will-if-i-move-to-another-state%E2%80%9D/</a>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-49893189728578926312010-11-12T17:27:00.000-08:002010-11-12T21:04:01.734-08:00Top 10 Ways Burglars Enter Your Home<a href="http://www.homealarmmonitoring.org/year/top-10-ways-burglars-enter-your-home/">http://www.homealarmmonitoring.org/year/top-10-ways-burglars-enter-your-home/</a>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-67750661696928635762010-10-26T17:51:00.000-07:002010-10-26T17:51:57.353-07:00Write Your Own Life Story......<span style="font-family: times new roman,times; font-size: small;">I routinely take calls from family members who have lost a loved one and they are trying to write an obituary for them. This can be a very difficult for family members to write, especially during the immediate aftermath of loss. Many times I hear, "there must be an easier way to do this." No one wants to write their obituary in advance because it's such a difficult thing to consider, but a great alternative is writing your Life Story for their family to help them with this at the time of need. </span><br />
<br />
<span style="font-family: times new roman,times; font-size: small;">Your Life Story can be fun to write and it can also be a way to include your family to get some of their favorite memories and thoughts. Many times, writing a Life Story can encourage you more than you can ever imagine, because you'll hear what you've meant to people and they will open up to you like never before. In addition, this can be a time for you to tell your family how much they mean to you. This is also an opportunity for you to share stories that they may have never known about your childhood and other parts of your life. </span><br />
<br />
<span style="font-family: times new roman,times; font-size: small;">The best way to begin is to get started now. This is not something that you want to put off. Write down your ideas on paper and try to think about all of the most important events in your life. This can be about your childhood, your education, your wedding, children and grandchildren... Also, perhaps include your involvement in your place of worship and other organizations with which you are involved.</span><br />
<br />
<span style="font-family: times new roman,times; font-size: small;">Get your friends and family involved and have fun with it. If you need help getting started, feel free to contact me at (951) 737-4040 ext. 1 or <a href="mailto:dalexander@dja2lawapc.com">The Personal Family General Counsel</a>. </span>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-2742802389348155132010-10-18T20:57:00.000-07:002010-10-18T21:26:57.549-07:00Have you planned for your funeral?<div style="text-align: justify;">I am 42 years old and I have been to enough funerals to know exactly how I want mine to go down. I have already put together a slide show with music up to 42. It includes one of my favorite pictures of me in pink curlers when my mother tried to give me a Jheri Curl. <br />
<br />
<br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhebTSIXEsRYJWDb8cfTsct-8WQh-dCpLmsLNoS4gQe2Jyqx-AH8Qr3Aewsmo7ItEC8LejRHENZTYKxHxp1GDH7QEHGljYFxx7IFtZLRpY-mulQAX9Ztn6sTacGcekICP92bEmL7XbRNI7k/s1600/3192_1129207584182_1046992928_380800_3954705_n.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" ex="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhebTSIXEsRYJWDb8cfTsct-8WQh-dCpLmsLNoS4gQe2Jyqx-AH8Qr3Aewsmo7ItEC8LejRHENZTYKxHxp1GDH7QEHGljYFxx7IFtZLRpY-mulQAX9Ztn6sTacGcekICP92bEmL7XbRNI7k/s1600/3192_1129207584182_1046992928_380800_3954705_n.jpg" /></a></div><br />
If you come to my homegoing celebration you are going to smile, laugh, dance and remember "Danny, Dan, Daniel, Mr. Alexander or whoever I was to you." You will leave with a smile on your face and wonderful memories in your heart (unless, of course, you didn't like "Danny, Dan or Mr. Alexander," in that case just send a card and stay home) I would hate for someone to plan a somber event to honor my death. Death is a very real part of life, along with taxes. Yet, funerals are the only life cycle event most folks don't want to plan in advance. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Despite the fact that humans have a 100 percent mortality rate, we don't expect to die. If you don't expect to die, you're unlikely to preplan a funeral. And that leads to problems like family discord, higher costs, rote rituals devoid of meaning, and unnecessary stress added to grief.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Wedding planning gets way more attention than funeral planning, even though both events can conceivably cost the same, given a modest wedding and a traditional funeral. Yet, if the bride and groom planned their wedding the way most folks plan a funeral, they'd be scrambling to pull everything together in three days--talk about stress!</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We are mortal. Our bodies eventually stop working. Many religions teach that the soul, the spirit that resides within our bodies as long as we breathe, lives forever. So, why fear death, and by extension, why fear funeral planning? </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">To talk about funeral planning, we would have to admit that this joy ride called life has an end. We'd have to look at how we've lived our lives, examine how we've acted and review what we've done with our time on Earth. We'd be forced to look at how we've treated others, and think about what others would say about us at our funerals. We'd need to take stock of our achievements and contributions to humanity. Perhaps we are afraid we'll find ourselves lacking.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">There are other reasons. Medical advances have saved so many lives so many times, it seems like death is optional. We don't like the thought of losing the company of those we love. We avoid thinking or talking about death, perhaps for fear that its contemplation will precipitate the event. And many folks just don't know what to do anymore when it comes to death. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Robert Fulghum, who wrote <em>All I Really Need to Know I Learned in Kindergarten</em>, also wrote a lovely book called <em>From Beginning to End: The Rituals of Our Lives</em>. Fulghum wrote, "For most of us, once we die, we are no longer in the care of our families and friends -- strangers and institutions take over... Death is not in our school curriculum." </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">He added, "Instead of a normal part of life, death is treated as an unexpected emergency, something that happens when the medical community fails. We always die 'of something' -- as though if it weren't for that disease or accident, we could have lived on. 'Old age' or 'worn out' or 'life completed' are concepts not found on death certificates or in obituaries. Death in our time means crisis."</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">In fact, according to one hospice nurse I know, no one has died of old age since the 1950s. That's when death certificates were changed to require listing a specific medical cause of death, such as a heart attack, dementia, or pneumonia.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">We use euphemisms for death: passed on; kicked the bucket; gave up the ghost; checked out; left the building; keeled over; took the Big Bus; caught the last train; bought the farm; paid the ultimate price; pushing up daisies; knocking on the Pearly Gates; taking a dirt nap; and gone to the Great (whatever) in the Sky.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">You, me, all humanity, we will all need to be disposed of when we die. If you don't talk about what you want done with your lifeless body, you will leave your family and friends in a world of hurt if the Big Bus unexpectedly runs you over tomorrow and transports you to the Pearly Gates. Do everybody a favor and make some plans. It's best to put your two cents in now, while you still can.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Just as talking about sex won't make you pregnant, talking about funerals won't make you dead--and your family will benefit from the conversation. Start a conversation today. If you have any questions about <em>funeral planning</em> or any other aspect of planning for your death, please give me a call at (951) 737-4040 ext. 1 or email me at <a href="mailto:dalexander@dja2lawapc.com">The Personal Family General Counsel</a>.</div>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-31589429774597138052010-09-24T09:32:00.000-07:002010-09-24T09:32:29.007-07:00Why do you need an Estate Plan?<span id="ctl00_ContentPlaceHolder1_ctl00_lblCommentary">When a loved one dies, the family is often too grief-stricken to be able to calmly and rationally deal with disposition of assets and belongings. Added stress may exist if a family is coping with the loss of one or both parents of minor children. It is best therefore, for everyone to ensure that they have thought things through ahead of time, and engaged in estate planning while still in good health, in order to reduce uncertainties. What exactly is estate planning and how do you do it? <br />
<br />
Your estate is the sum of everything that you own before your death, as well as anything that comes into place - insurance, pensions etc. - after your death. This includes your house or other real estate that you own, money in savings or investments, retirement benefits, pensions, any collectibles you have or other personal belongings, as well as any death benefits paid out by your insurance company after your death. <br />
<br />
Estate Planning is not just for the wealthy or the elderly. It is something that should be done by young couples - especially those with children - and single people as well. Most people have more assets than they realize; it is best to begin to protect them just in case anything was to happen. Estate planning should be undertaken before you need it; while it may be unpleasant to think about death or becoming medically incapacitated, you need to make these decisions while you still can.<br />
<br />
There are two main reasons to do estate planning. The first, and most common reason, is to be able to determine how your assets will be divided amongst your loved ones. This helps prevent disputes, but more importantly makes sure that those who need the most protection, care and funding are taken care of after you are gone. However, the second reason to do estate planning is one that is often ignored; planning for what will happen if you are incapacitated and unable to provide direction for your own assets, medical care etc. <br />
<br />
In protecting, and determining division of your assets, the most commonly used tool is a will. While wills can range from video to hand-written or even wills uttered on the deathbed, most people do not have information to create a will that addresses all contingencies. If a will is not properly executed the will go through an extensive and expensive probate process that will delay access to the funds by those who may need them the most. Estate planning law can be complicated and it is best to consult someone who specializes in drawing up wills and trusts to help reduce the amount of taxes paid and ensure a speedy process. <br />
<br />
Finally, guardianship is the process by which someone who is incapacitated can be protected. The role of the guardian is to both protect the assets of the individual that they are responsible for, as well as ensuring that this individual has food, clothing, shelter etc.; that they are provided will all the necessities of life. The guardian uses the incapacitated person's money to provide the care that they need so you should ensure that your future guardian is someone you will trust implicitly. Guardianship attorneys have a dual role in helping you select and plan for your guardian, and in helping your guardian carry out their duties to you. </span><br />
<br />
<span id="ctl00_ContentPlaceHolder1_ctl00_lblCommentary">If you have any questions regarding estate planning, feel free to contact me at (951) 737-4040 or <a href="mailto:dalexander@dja2lawapc.com">Personal Family General Counsel.</a> </span>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-72431947743368100162010-03-05T21:55:00.000-08:002010-03-05T21:55:20.945-08:00Five Documents That Should Always Be Reviewed By Your Personal Family General Counsel<div style="text-align: justify;">This is a great article written by <strong><em>Attorney Suzanne Sayward</em></strong> regarding five documents that should always be reviewed by an attorney.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">While the advice to “never sign anything without your lawyer” is common, the notion of having everything reviewed by an attorney is a bit extreme for most people. However, there are certain documents for which this is always highly recommended. Here are five documents you should never sign without the advice of counsel.</div><br />
<strong><em>1. Your Child’s Apartment Lease.</em></strong><br />
<br />
<div style="text-align: justify;">It is very common for landlords to ask for a co-signer on a rental agreement when the tenants are college students or young adults leasing their first apartment. Beware! The liability of a co-signer is not limited to payment of the rent in the event the tenant defaults; it extends to all of the covenants in the lease. Most standard leases contain a provision that the tenant will “indemnify the landlord from all liability, loss or damage arising out of the tenant’s use of the property.” This means if your child hosts a party during which someone is hurt because the porch collapses, and if that injured person sues the landlord, the landlord is going to look to the tenants to indemnify him under the terms of the lease. This is also true with respect to property damage such as broken appliances, holes in walls, or water damage from an overflowing bathtub. Since most college students are high-risk occupants with few assets to back up their behavior, the landlord will be seeking redress against mom and dad as the co-signers. Also keep in mind that your liability as the co-signer is not limited to your child's actions or even your child's proportionate share of any damages. As the co-signer, you could end up on the hook for 100 percent of any liability whether the damage was caused by your child or by his roommates.</div><br />
<strong><em>2. Purchase & Sale Agreement.</em></strong><br />
<br />
<div style="text-align: justify;">A Purchase & Sale Agreement is the formal contract signed by buyers and sellers regarding a real estate transaction. Although the title of this contract may be “Standard Form Purchase & Sale Agreement,” there is no standard agreement that is suitable for every buyer and seller. Since the purchase of a home or other real estate is most often a buyer’s biggest investment, it does not make sense to sign an agreement involving hundreds of thousands of dollars without having it reviewed by a qualified attorney who is prepared to represent your best interests throughout the entire transaction.</div><br />
<strong><em>3. Fiduciary Bond.</em></strong><br />
<br />
<div style="text-align: justify;">Although being asked to sign a fiduciary bond is not nearly as common as the other documents discussed in this article, it is a trap for the uninformed and can result in a whole lot of trouble. A fiduciary bond is a probate court document required to be filed by a person seeking to be appointed as an executor of an estate or as a guardian for an incapacitated person. The bond is essentially the petitioner's promise to the court that she will do a good job and properly manage the assets of the estate or the assets of the incapacitated person. In some cases, the court will require “sureties” on the bond, which is similar to a guarantor. If you sign a bond as a surety you are promising the court that if the fiduciary negligently manages the estate, or worse, steals money, you will reimburse the estate for the loss. If someone asks you to sign as a personal surety on a bond, it’s imperative you consult with your attorney to review the situation and understand your potential liability. </div><br />
<strong><em>4. Estate Plan Documents.</em></strong><br />
<br />
<div style="text-align: justify;">You can find free legal forms for everything these days, including Wills, Powers of Attorney and even Trusts. However, when you’re planning for your family's future, there is a lot at stake. It is important to take the time to consult with a competent estate planning attorney who can advise you about and prepare documents appropriate to your situation. I have been a practicing estate planning attorney for almost 25 years and I still find that every client's situation is unique in some way. Whether it’s planning for a child with disabilities, a family business, a vacation home, a parent who needs care, or rental real estate, each situation needs an estate plan that is specifically tailored to address the needs of that family. Cookie-cutter forms just don't cut it. </div><div style="text-align: justify;"><br />
</div><strong><em>5. Loan Guaranty.</em></strong><br />
<br />
<div style="text-align: justify;">There is a popular idiom that defines a guarantor as “an idiot with a pen.” While it might seem obvious that if you sign as a guarantor on a loan for someone you might actually have to pay back that loan, many people seem to sign with the assumption they will not have to do so. This is a move that you could end up regretting for a long time. If you are asked to co-sign a loan, do so with the assumption that you will have to pay the loan in full. If you are not willing or able to do so, it’s important to give the situation careful consideration and realize that by signing a loan guaranty, you are not only taking a financial risk, but you are putting your relationship with the borrower at risk as well.</div><br />
<em>Attorney Suzanne Sayward is a partner with the Dedham law firm Samuel, Sayward & Baler LLC and served as the 2009 president of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA). For more information, visit</em> <a href="http://www.ssbllc.com/">http://www.ssbllc.com/</a>. <br />
<br />
The original version of this article can be found at <a href="http://www.dailynewstranscript.com/news/x1526281743/5-documents-that-should-always-be-reviewed-by-an-attorney">http://www.dailynewstranscript.com/news/x1526281743/5-documents-that-should-always-be-reviewed-by-an-attorney</a><br />
<br />
These are all issues that could be and should be reviewed by your Personal Family General Counsel. If you encounter any of these issues and you reside in the State of California, please feel free to contact Daniel Alexander II @ <a href="mailto:dalexander@outhousegeneralcounsel.com">My Personal Family General Counsel</a> or (951) 737-4040 ext. 2.Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-86891756852727848002009-11-12T21:35:00.000-08:002010-03-04T13:12:43.275-08:00Representing Yourself in Small Claims Court<div style="text-align: justify;">If I am doing my job correctly, none of my clients should get sued in small claims or any court, but sometimes it happens. Sometimes you have to sue someone or a business in small claims court. Recently I have received a lot of phone calls seeking counsel on how to proceed in small claims. While in most states you are not permitted to be represented by an attorney in small claims, you are allowed to consult an attorney outside of the small claims court and in preparing your case.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">The key to success in small claims starts with the law and facts being on your side, but more importantly it is more about being organized and how you present your case. It is easy to snatch defeat out of the jaws of victory by being unorganized and ill prepared. The following are a few tips to help you successfully represent your business in small claims court.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">BE ORGANIZED – Just like an attorney, you need to present your case in an organized manner. Every judge knows that the parties in court are not lawyers and are usually nervous, if not terrified. However, having exhibits and documents organized makes the chances of success much higher because it makes the case go smoother, especially if you are trying to collect money on an account.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">WITNESSES – Witnesses can appear in small claims court and can testify in front of the judge. Because witnesses are perceived as having the ability to be impartial, their testimony can be valuable for the judge as he or she conducts the hearing to gather evidence for the decision. Some states (but not all) allow witness statements to be presented to the judge; these statements have to be in writing and signed under “penalty of perjury.” Most judges prefer to have a witness physically present in the courtroom; it is easier to cross-examine a witness than it is to cross-examine a written statement.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">LOOK AND ACT PROFESSIONAL – Despite the relative informality of small claims court, it is still a professional place. Being well dressed and professional makes a good impression on the Court. The courtroom employees, from the judge down to the court clerk, are all dressed in a professional manner. If you are appearing before the Court, you should also be dressed professionally. If you can’t afford a nice business suit, at least put on your “Sunday Best” outfit. Do not go to court in jeans, t-shirts, a hat and/or tennis shoes.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">BE COURTEOUS – The Courtroom is not a place to pick fights with your opponent. It is also not the place to “talk over” anyone else. Most importantly, it is not a place to argue with the court. This is very difficult for people in emotional cases but a very important thing to remember. The Judge is there to resolve a dispute and it is difficult to do so then the parties are arguing in the middle of the case. All the court is interested in is the facts. Be prepared to go into court with the idea of presenting your cases and countering the other side in a respectful and dignified manner.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">DO NOT OVERSTATE YOUR CASE – Make sure that your facts and damages fit what you are suing for. Never lie or “over exaggerate” anything. I have heard of instances where counterclaims were filed in breach of contract cases for “pain and suffering” just because they were sued. People have also padded their damages claims just to get back at the other side. Small claims cases are usually straightforward claims for compensation. Filing for extreme damages will weaken your case and your credibility. Also, adding irrelevant claims diminishes the effectiveness of the relevant claims. It is a very good idea to run your case by an attorney first to determine which claims you should file. </div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">TRY TO SETTLE – Once a matter is heard in small claims court, you lose control of the outcome. Settlement is always an option up until the day of trial. In fact some courts encourage the parties to “mediate” the case on the day of trial. Sometimes this is a good option. Even if you get all of your damages from a Judge, you have to collect the judgment. If you work out a settlement before trial and the party pays you that day, you have the money in hand. The Judge may even do a settlement on the record for you.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Many states and counties have Small Claims Help Centers or websites that have specific information about their courts and procedures. I highly recommend that you avail yourself of these resources. The California State Bar Association has a great pamphlet on Small Claims Court and it can be downloaded at the link below. If you can’t find any resources were you live feel free to contact me at <a href="mailto:dja2@dja2law.com">dja2@dja2law.com</a> or (714) 795-0930 and I can help you out (for a nominal fee of course).<br />
<br />
<a href="http://www.calbar.ca.gov/calbar/pdfs/publications/Pamphlets-Small-Claims-2006.pdf">http://www.calbar.ca.gov/calbar/pdfs/publications/Pamphlets-Small-Claims-2006.pdf</a><br />
<br />
© Daniel J. Alexander II, APC 2009</div><div style="text-align: justify;"><br />
</div>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com1tag:blogger.com,1999:blog-9174158725483548537.post-78776792411057129952009-11-07T21:11:00.000-08:002009-11-07T21:19:54.778-08:00Legal Health Checklist<div style="text-align: justify;">Staying in shape means more than physical well-being. Your legal health can be very important. If you keep fit, you can avoid problems that could be very costly in terms of your time and money. This post is designed to help you stop legal problems before they start. The checklist also gives you general, non-legal information about some of life’s happy and not-so-happy events.<br />
</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">I am often asked by my clients for advice on everyday issues and transactions that have legal ramifications. I often consult the "Legal Health Checklist" that was published by the California State Bar Association. I have posted a link to the check list below. It is designed to assist the public analize the legal ramifications of everyday life issues. This is a great resource and I encourage you to print it and keep it with your important papers. If you have any questions about any issues raised in this checklist, please do not hesitate to contact me at <a href="mailto:dja2@dja2law.com">dja2@dja2law.com</a> or (714) 795-0930.<br />
<br />
<a href="http://www.calbar.ca.gov/calbar/pdfs/publications/LegalHealthChecklist_2006.pdf">http://www.calbar.ca.gov/calbar/pdfs/publications/LegalHealthChecklist_2006.pdf</a><br />
<br />
</div>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0tag:blogger.com,1999:blog-9174158725483548537.post-22656117144636060462009-11-07T14:05:00.000-08:002010-01-14T20:52:12.878-08:00Why Do I Need A Personal Family General Counsel<div style="text-align: justify;">For generations, wealthy families have had personal family lawyers to help them maintain their wealth, get junior out of jail after a DUI, advise them on real estate transactions, set up their estate plans, and help “fix” things like Michael Clayton. In the past three to four years, I have been asked by my business clients to help them with personal family matters. That is why I developed my Personal Family General Counsel practice. Like my duty to counsel my business clients, as a personal family general counsel, my job is to counsel Family, Inc.<br />
</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">A Personal Family General Counsel is a trusted advisor who helps your family make the very best family, financial, and legal decisions and is there to counsel and guide your loved ones when you are no longer around. A Personal Family General Counsel is akin to the “Family Doctor” from back in the day. Whenever someone in your family was sick, you called your family doctor. If your family doctor could not cure you, he or she referred you to a specialist. As a personal family general counsel, I do the same thing. It is very similar to my business “Out-House General Counsel” practice. I serve as general counsel for your family.<br />
</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">This is all about relationships. Back in the day, before lawyers became all about the billable hour, form documents, and transactions, the local lawyer was who mom and pop turned to for guidance throughout life's ups and downs. You knew your family lawyer and your family lawyer knew you. My goal is to bring those attorney-client “relationships” back. If you woke up tomorrow with a serious family legal issue, who would you call? If you don’t know, consider calling me, your Personal Family General Counsel. Please follow this blog, as I will endeavor to provide you with helpful information to help you and your family. I can be reached at <a href="mailto:dja2@dja2law.com">dja2@dja2law.com</a> or (714) 795-0930.<br />
</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">© 2009 Daniel J. Alexander II, A Professional Corporation<br />
</div>Daniel Alexander II, A Professional Corporationhttp://www.blogger.com/profile/17002710564907302727noreply@blogger.com0