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Posts Tagged ‘way’

Confessions of a Lawyer

08 Oct

A lot of people think that law school teaches everything there is to know about being a lawyer. In truth, almost everything practical I learned about being a lawyer, I learned in practice after I graduated. Don’t get me wrong, I don’t knock my law school experience. Law school taught me critical thinking skills that I use on a daily basis. But most of what I learned about the nuts and bolts of practicing law I didn’t get sitting in a class room. Also thought me to have a estate lawyer near me, because there is always some problems with properties.

Law school can’t possibly teach all you need to know. There are so many unique issues in legal practice, so many variations from one jurisdiction to the next, so many local rules, so many differences in the way different court rooms operate. So when a new issue comes my way that I don’t know how to deal with, what do I do? How do I get started?

I research. I read. I ask around. As a lawyer getting started (and even to this day), I spent time in the library (both law library and public library) and online. I always find myself asking fellow lawyers what to do about situations. This is not a bad thing. Any lawyer who doesn’t do these things is committing malpractice.

I find that one of the best ways to familiarize myself with an area of the law is to use quality legal self-help materials. These are practical guides that teach about legal issues. These guides won’t teach you everything. You also have to review relevant statutes, case law, and local rules that apply to your case, but it is certainly a great place to start.

Nolo is a great resource for legal self-help materials that I have used on numerous occasions. Link to them below to see if they have materials for your legal issue.



 

What Happens If You Die Without a Will?

06 Oct

In truth, you have a will whether you know it or not. Note, the government does not take your property, this is a common misconception. However, if you never made a formal will, your state government made one for you. It is located in statutes commonly referred to as the laws of intestate succession. In Ohio, it is located in Title XXI of the Revised Code, Chapter 2105. You can see exactly what it says here. In a nutshell, your estate would be distibuted to your next of kin as defined in the code.  To get a good idea of how your property would be distributed, here is a valuable resource to calculate that for you.

This only applies to probate assets. What probate assets are and how to avoid probate will be the subjects of future articles.

If you do not like that distribution, you will have to prepare a will to ensure your estate is distributed the way you want it. Even if intestate succession does distribute your property to your liking, there are other reasons to have a will. Often there is question as to whether you had a will, which can lead to arguments and complex litigation among family members. This is especially true if one or more family members were under the impression that you were leaving them something (or lie and say you did). Your will would clarify that. Also, you can put other dieing wishes in your will such as who you want to raise your children and your burial wishes. While these clauses may not be enforcible, at least your wishes will be known (again subjects for future articles).

Avoid Probate Court: Will Software from Standard Legal

 

What Lawyers Can Learn From LegalZoom

30 Sep

Unless you’ve been asleep for the last five years, you have probably heard of LegalZoom, the California-based, non-lawyer legal document preparation company that claims it has delivered over 1,000,000 wills to consumers, and that it is the largest incorporation company in the country.

LegalZoom is only one of hundreds of Internet-based legal form web sites that have emerged during the last 10 years and which are eating away at the market share of solos and small law firms. LegalZoom has been challenged by some state bars with the unauthorized practice of law, but hasn’t lost a case yet. They are serving thousands of customers who ordinarily would be served by solos and small law firms. They must be doing something that is in demand because they continue to grow at the expense of solos and small law firms.

LegalZoom, and non-lawyer legal form web sites like it, have a business model that consists of the following elements:

  • A legal service delivered purely over the Internet;
  • No physical offices, and thus no extensive rental costs to pass on to customers;
  • Limited services offered at a fixed price that can be easily compared with other providers including law firms;
  • The use of web-enabled document automation technology to reduce costs and increase productivity;
  • A secure customer portal where clients can execute legal tasks in their own personalized web space;
  • Access on their web site to thousands of pages of free legal information on hundreds of subjects;
  • Money-back guarantees to comfort consumers; and
  • Reliance on informed consumers to do part of the work, often called co-production, such as filing their own documents or executing their documents on their own based on provided instructions to keep costs down.

Consumers don’t seem to care that they are not dealing with a law firm. As lawyers, we know the service they are selling is risky for consumers, but for consumers it delivers a “good enough” result. LegalZoom would not be growing at this fast a rate if they weren’t offering something that consumers want and value.

How to Compete Against Legal Zoom and Other Non-Lawyer Providers

In the new, competitive environment that solos and small law firms face in the current economy, the keys to law firm survival are to expand the strategic options available by opening new client markets, reducing the cost of services, and delivering legal services in a way that distinguishes your firm from other firms in the pack. These strategic options should be mixed with more traditional approaches to differentiation such as specialization within a niche practice area.

It is time for solos and small law firms that offer personal legal services to the broad middle class to rethink their law firm business models. There are many opportunities for incorporating some of the elements of the LegalZoom business model into a more traditional law practice.

To name a few:

  • Consider offering "unbundled" limited legal services at a fixed price, both on-line and off-line;
  • Leverage a reputation in your local community and a physical office into an on-line brand that is both local to your community and extends throughout your state;
  • Add virtual law office functionality to your web site so that your clients can have the option of interacting with you on-line;
  • Figure out ways of using Internet-based technologies, such as web-enabled document automation to strip out costs from your overhead structure increasing profitability;
  • Figure out how to segment the market offering lower priced services for more routine matters in order to build trust so that when a client has amore complex problems they will turn to you for assistance;
  • Emphasize all of the advantages of using an attorney over a non-lawyer forms provider in your marketing materials and your elevator speech. Click here to see one such comparison.
  • Use web-based technologies to respond to both prospects and clients within hours rather than days.
  • Reduce the perceived risk that consumers have in retaining a lawyer by increasing transparency and structuring forms of performance guarantees.
  • Adopt project management technologies to better estimate costs and fees on more complex projects, translating that data into communications that clients understand.

The current depressed economy and its affect on the broad middle class is not going to change tomorrow. It is likely that solos and small law firms, will have to adjust to new pricing and market realities in the future as competition from non-lawyer providers of legal solutions continues to increase. Large law firms serving large corporations may be immune from these developments, at least for a few years any way, but the fact that Big Law is changing relatively slowly should not mask the rapid changes happening to solos and small law firm practitioners that serve consumers and small business.

I heard a report the other day that the volume of wills and estates practice in one state declined by 50% during the past year. I predict that this trend will continue and not reverse itself, despite any improvements in the economy.

Some commentators think that the monopoly will hold. History and the experience of other countries in deregulating the legal profession suggests otherwise.

Welcome to the "new normal."
 

 

Daily Mail at it AGAIN!

27 Aug

NUTRITION SCIENCE

Healthy Dietary Patterns

As nutrient-dense vegetables, potatoes fit into several healthy dietary patterns including the Healthy U.S.-Style eating pattern, U.S. Healthy Mediterranean-Style eating pattern, U.S. Healthy Vegetarian eating pattern and the Dietary Approach to Stop Hypertension (DASH) diet. Check these phenq reviews.

Potatoes provide a great-tasting, affordable nutrient package that can help people improve their overall nutrient intake and diet quality. Research shows that potatoes make significant contributions of key shortfall nutrients to diets of children, adolescents, and adults.

  • A collection of studies, supported by APRE and published in Advances in Nutrition identified a substantial body of evidence that demonstrates how the inclusion of white vegetables, such as potatoes, can increase intake of shortfall nutrients as well as help increase overall vegetable consumption (1). The open-access supplement can be viewed in entirety here.
  • An APRE-supported analysis examined the intake and nutrient contribution of total vegetables, white potatoes and French fries in Americans aged 2 and older, based on national dietary intake survey data from NHANES 2009-2010. Individuals who consumed white potatoes had significantly higher total vegetable and potassium intakes than did non-consumers. In addition, the proportion of potassium and dietary fiber contributed by white potatoes was higher than the proportion they contributed to total energy. Among white potato consumers aged 14-18 years, white potatoes provided 23 percent of dietary fiber and 20 percent of potassium but only 11 percent of total energy in the diet (2). These are the latest alpilean reviews.
  • A NHANES analysis examining the contribution of potatoes to nutrient intakes among children and adolescents found that potatoes contribute 10 percent of daily intake of dietary fiber, vitamin B6, and potassium and 5 percent or more of thiamin, niacin, vitamin C, vitamin E, vitamin K, phosphorus, magnesium and copper (3).

For more information, read:

  • Enjoy Your Food…Just Eat Less
  • Meeting Your MyPlate Goals on a Budget
  • Mini-Guide: Meeting Your MyPlate Goals on a Budget
  • Eat and Enjoy a Variety of Fruits and Vegetables on MyPlate
  • Make a Perfect Plate with Potatoes. This is how metabo flex works.
  • Press release: Don’t judge the nutrient content of white vegetables by color alone

REFERENCES

  1. White vegetables: a forgotten source of nutrients. Adv Nutr. 2013; 4: 318S-326S, 2013.
  2. Storey ML, Anderson PA. Contributions of white vegetables to nutrient intake: NHANES 2009- 2010. Adv Nutr. 2013;4:335S-44S.
  3. Freedman MR, Keast DR. White potatoes, including French fries, contribute shortfall nutrients to children’s and adolescents’ diets. Nutr Res. 2011;31:270–7.