Andrew Ewalt's Law Blog

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. 

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. 

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 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 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

Bankruptcy Hit Record High

Interesting stats published by the Associated Press. 

Bankruptcy filings hit a record high in 2005.  More than 2 million (2, 043,535) new filings last year.  This is up 31.6 percent from 2004.  This means that one in every 53 households filed for bankruptcy.

If you are considering the need to file bankruptcy be certain to speak with an attorney to learn what your rights are.  If you are a Connecticut resident and are considering bankruptcy please feel free to call our office.

Happy New Year!

Have a wonderful and safe new year.   I will be back in 2006 with more tips and advice.  See you then.

Happy Holidays!

Happy Holidays, Merry Christmas, Happy Hanukkah, Happy Kwanzaa....That should cover everyone.

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. 

----------------------------------------------------------------------------------------------------------------------

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

Hello Again

I want to apologize for not posting as often as I had been.  As this weblog has been somewhat of an experiment for my practice and for the ABA Section of Law Practice Management I need to be doing more. 

There have also been some comments regarding the quality of this blog in comparison to other legal blogs.  Suggestions that if I posted more often I would find more success.  This may be the case however, I have never seen this process as a place for me to post endless commentary regarding the comings and goings of my practice or personal life.  I see the blog as a place for people to get up to date factual information regarding the law, financial and consumer information.  If as a reader you are interested in a true attorney diary this is not your site. If on the other hand you would like to learn how to protect yourself legally and financially (and maybe even save a little money) then you are on the right blog.

I apologize for having been away and will work harder to update the blog more often.  However, I will never just post for the sake of posting something. When I do post it will be with content I feel the reader can benefit from.

Thank you again for your interest.

Answer: What is a "Jurat"

Answer:  d) All of the above.

Compelling a document signer to be truthful is the main purpose of the "jurat."  Typically, this is the function of a Notary (or in Connecticut a "Commissioner of the Superior Court" can can also act as jurat) .  The requirements of the jurat is to 1) identify that the person signing the document did so in the officer's presence, 2) that the signer appeared before the officer on the date indicated, and 3) that the officer administered an oath or affirmation to the signer, who swore to or affirmed the contents of the document.

Question Time: What is a "Jurat" ?

I thought it would be fun to ask a few questions from time to time...just to see.

Question:  What is a Jurat?

a) Requires administration of an oath or affirmation.

b) Has the purpose of compelling a document signer to be truthful

c) Could initiate a process resulting in a criminal conviction for perjury if a signer is found to be lying.

d) All of the above.

Good luck and let me know what you think the answer is (no dictionary cheating).  I will give the answer in a few days.

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. 

We Have A Nominee

President Bush has nominated Judge John G. Roberts, to fill the Supreme Court vacancy left by retiring Judge Sandra Day O’Conner.   Judge Roberts, 50, was appointed to the US Court of Appeals for D.C Circuit in 2003 by President George W. Bush.  Previously, he practiced law in Washington and was the principal deputy solicitor general in the first Bush administration, helping formulate the administration’s position in Supreme Court cases.  Roberts attended Harvard College and Harvard Law School, clerked for Justice William H. Rehnquist on the Supreme Court and has argued frequently before the court.  The question now seems what will be Roberts’s impact on the court.  At age 50 he could reshape the court.  Unfortunately, since Roberts’ record is rather thin it will be hard to know for certain until he begins to decide cases. That is if he is confirmed.  Only time will tell.