Andrew Ewalt's Law Blog

Referrals

I am often asked by clients to recommend other professional advisers (CPA, Financial Planning, Insurance, Real Estate, Banking and the list goes on and on) .  I treat these requests very seriously because as an attorney and trusted adviser my clients respect my opinion.  I want to be certain that they are matched with someone who will treat and respect my clients in the same manner I do.  I want to be certain that the adviser is someone I know can and will do the very best job.  So when I make a recommendation I do so with a lot of thought involved.  I try to understand my clients concerns, goals, needs, personality and location and then recommend someone who will best match these criteria.  Over the years I have made many professional relationships and feel confident that if asked I can recommend one if not several very qualified candidates. 

How A Law Firm Should Be Run: Part II

One of the most important issues an attorney must address are the fees for their legal services.  A client should always know in writing what the fees will be for a particular matter they wish to retain an attorney for. 

I always use a Retention Agreement for every new client matter.  The Retention Agreement may come in many different forms.   In some situations a formal letter is provided to the client. In other situations the Retention Agreement looks more like a contract for services. Either option will outline the legal matter and responsibilities of the attorney and my staff.  The agreement will also explain what fees and expenses are expected for the matter.   The client and the attorney will sign the Agreement and copies will be provided to the client for their records.

What about fees? There are many options when it comes to fees.  Sometimes fees are charged on an hourly basis.  On the other hand I prefer to use flat rate billing when possible .   For the client the benefit of a flat rate is knowing ahead of time what the total fees will be for a particular service.  For many of the services I provide flat rate billing is used, Residential Real Estate,  Wills and Trusts are just a few examples of my flat rate services.

As the client it is your right to know what the fees will be for the services you need.  Sometimes only an estimate can be provided but in many cases a flat fee can be used.  Either way be certain that all the terms of the services are in writing.

How A Law Firm Should Be Run: Part I

One of the biggest complaints  I hear about attorneys is that we do not return telephone calls.  In my opinion this should never be a problem for any attorney. Yes, as an attorney I can be very busy at times but this should still be no excuse for not returning a call.  Typically, I can return a call within the same day but not always.  For the occasion when I can not speak to someone right away I have a policy of returning every received telephone call within 24 hours.

My voice mail message reflects this policy.  If you call and I am unavailable and you leave a message you will hear my policy that I will return your message by the next day or on Monday if you called Friday. 

I think it is very important that my clients and business associates know they can reach me when they need to speak with me and they should know I will make every effort to speak with them if we where not initially able to do so.  I would expect nothing less from someone I tried to reach.  Returning a clients call promptly is something I pride myself on and every attorney should feel the same way. 

Identity Theft: Part 3

In order to help prevent identity theft it is essential that you monitor your finances on a regular basis.  Here are some steps you can take to stop the thieves.

1.  Monitor all balances of your financial accounts.

2.  Look for strange or unexplained charges or withdrawals.

3. Monitor your credit at least yearly and determine that no loans are being taken in your name.

4.  Place passwords on all your credit, bank and phone accounts.

5.  Secure personal information in your home, especially from roommates, outside help or contractors.

6.  Shred your charge receipts, credit applications or offers.

7.  Limit the number of credit cards and debit cards.

Your computer can also be a porthole into your life.  Updating your virus protection software can be an effective deterrent.  Never download files from strangers. Never store financial information on your  laptop.

Identity Theft: Part 4

What if you have already been riped off?  What can you do to repair your identity?  The road to repairing your identity can be a very difficult one.  However, once you have determined that you have been the victim of identity theft it is very important that you limit your exposure going forward so that no additional damage will occur.  Here are some steps to repairing your stolen identity.

1.  Place fraud alerts on all credit reports and then review them.  Credit reports will can be available free of charge.

2.  Close all accounts that have been effected or opened without your permission.

3.  File a report with the police where the identity theft took place.

4.  File a complaint with the Federal Trade Commission.

Identity Theft: Part 2

Once a thief has your secure information (social security number, credit card information...) they can begin to steal from you through various means.  Some examples are

1.  Open new credit card accounts in your name and then never pay the bill.

2.  Go on spending sprees on-line with your credit or debit cards.

3.  Take out loans in your name.

4.  Establish telephone or cell phone service.

5.  Open bank accounts and bounce checks.

We will examine how to you can prevent identity theft in Part 3

Where To File Important Documents

Every one of us accumulates important documents during our lifetimes, from investment and banking information to our estate and important personal papers.  One of the most important things to consider is where to file these records. 

When it comes to documents such as deeds to property, stock and bond certificates, life insurance policies and estate planning documents such as wills and trust one of the safest places is in the bank safe deposit box. However, keep in mind that unless the box is owned jointly with other individuals or owned in a trust (like a living trust) the contents may become inaccessible if the single owner becomes incapacitated or dies, thus requiring a probate court order for access by family or estate fiduciaires. 

For documents like brokerage statements, tax returns and other personal records these documents can be kept at home.  I often recommend that a fire proof safe or box be purchased (some are rather inexpensive at the local box retail store) to keep important papers at home. They are not 100% guaranteed but do a better job then a shoe box. 

Labor Day

Labor Day is an important day to reflect on all of the woman and men, past and present who have worked so hard to make this country what it is today. Given all the ups and downs and all the turmoil we have been faced with lately I want to extend my appreciation, thanks and best wishes for a happy  and safe Labor Day weekend.

Opting Out Of Credit Card "Prescreened" Offers

You can choose to stop receiving "prescreened" offers of credit from credit card and insurance companies. 

Under the Fair Credit Reporting Act (FCRA), the Consumer Credit Reporting Companies (Equifax, Experian, Innovis and TransUnion) are permitted to include your name on lists used by creditors or insurers to make offers of credit or insurance.

Under the same regulation you are also offered the option to opt-out, which prevents the Consumer Credit Reporting Companies from including your credit information to credit or insurance companies (unless you initiate the request). 

By logging onto www.optoutprescreen.com you can choose one of three options available regarding this issue. This website is a joint venture among the four Consumer Credit Reporting Companies in compliance with federal regulations.

1.  Opt-Out from receiving  offers for 5 years

2. Opt-Out from receiving offers permanently

3.  Opt-In and begin receiving offers.  This option is for those who have previously Opted-out but would not like to receive offers.

You can also complete this process via phone by dialing 1-888-567-8688.

A Client Thank You

For Thanksgiving a client emailed me a very nice note. I would like to share with you.  I assisted Dr. Abunaw in  establishing EduART, Inc. a Not-for-profit company. EduART, Inc. is a media production organization created to research and produce films, videos and stage dramas to educate, enrich and entertain Africans on the continent and African immigrants in the United States on varied social and economic developmental issues. 

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Andrew:

As I gave thanks today in celebration of the US thanksgiving day, I decided to stop and count my blessings. Guess what? Your name flashed in bold letters! Then an argument started in my mind whether I should tell you or not. I ate my rice, eru and turkey and the argument went on, I drank my wine and it went on, I played some music and danced and it went on, now I am trying to go to sleep and ....I just had to end it. You are amongst my blessings!

In gratitude,

Dr. Joyce Abunaw, Assistant Professor of English, University of Connecticut