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From the “REALLY?” File

Not everyone feels merry or bright during the holidays.For everyone who needs a laugh and those who just like to, I offer the following article which will, hopefully, make you smile: The Strangest 50 State Laws That Still Exist.

http://www.ijreview.com/2014/12/222618-50-state-laws/

My personal favorite is Georgia; what’s yours?

Happy Holidays!

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Giving Thanks!

2015 has been a landmark year of growth for my practice. As we end this month focused on giving thanks, I want to say  “Thank You” to some special people.

  • To my clients, past, present, and future:  Working together has been my pleasure. I hope that working together has helped you to move forward in your life in a positive way, whether it be as newly single, recently married, buying or selling your home, or protecting your assets for your family;
  • To my friends, family, and colleagues that have referred cases to me: I appreciate your trust and confidence in me;
  • To my colleagues who are opposing counsel: I enjoy a good sparing session, but especially when it is with someone who makes an argument with integrity;
  • To my colleagues who allow me to brainstorm with them: A solo practitioner without a sounding board would not be nearly as effective;
  • To my friends and colleagues in real estate (lenders, agents, everyone at my Title company,and other professionals): I am so excited to keeping building our relationship and providing amazing service to our clients;
  • To my friend, Erin Sweeney, for designing a new website for me. I can’t wait to launch it soon and for everyone to see her GORGEOUS work;
  • To the readers of this newsletter: I appreciate that you take the time to open and read what I’ve written. Your feedback is so helpful and keeps me motivated; and
  • To a good friend and colleague that I want to call out by name, but who would be mortified if I did: THANK YOU for your inspiration and support this year. From our first conversation at school to Box Seats to late phone calls and emails, your graciousness and knowledge is much appreciated.

Best wishes for a wonderful holiday season!

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Know Before You Owe

Have you ever purchased a house? If so, you know how stressful it is to have last minute adjustments made to the amount that you must pay at the time of closing. Effective on October 3, 2015, the Consumer Financial Protection Bureau has instituted changes which should make the process less stressful.  Buyers should expect the changes to positively effect future closings with two (2) major changes:

  • Providing Buyers with full disclosure, by postal mail or email, usually from the lender at least three (3) days prior to closing (with additional days allotted for mailing and receipt), thereby eliminating surprises and providing an opportunity to ask questions; and
  • Eliminating excessive documents by using two (2) easy to understand forms, the Loan Estimate and Closing Disclosure.

Along with Residential Mortgages Services, of North Attleboro, and Old Republic Title Insurance, I am sponsoring a free continuing education seminar for real estate agents on these changes, on October 26, 2015. If you are an agent or know someone who might be interested, please contact me for more information and to register.

If you are a potential Buyer or Seller and want more information, please feel free to contact me or check out this link:
http://www.consumerfinance.gov/blog/know-before-you-owe-making-the-mortgage-process-easier-for-you/

Happy Fall!

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Finding the Perfect Lawyer

Everybody seems to know a good lawyer joke. Here’s one to add to your collection:

What do dinosaurs and good lawyers have in common? They are both extinct.

Some attorney jokes are quite funny, but this one makes me cringe. There are plenty of great attorneys in alive and practicing.

At some point, you may need a dinosaur, I mean attorney, to help you with a problem or to plan for the future. If you know an attorney, you would probably call him or her. If it is me, I will gladly either help you or refer you to someone who can. If you don’t know an attorney personally, you might ask some friends or conduct an online search.  Regardless, you want to be sure that you find the correct attorney for you.

Experience is important in hiring any professional.

It is not only important to find an attorney, but to find the right one.  Look for someone who handles the type of cases or matters with which you need help. Even general practitioners, like myself, do not handle all types of legal matters. Although my practice includes doing basic estate plans, I have limited knowledge regarding elder law, which is pretty specialized.  If I were to accept a Medicare or Social Security case, it would not be a service, but rather a disservice, to my clients; however, as a service to my clients who need help with those issues, I am happy to provide them with the names of people who can better assist them.

Understanding your goals should be a priority.

Your attorney should understand both your short term and long term goals. A good attorney incorporates your income, family, education, personality, and lifestyle when presenting legal options that might be appropriate for you. For example, if you are getting divorced and have a two (2) year old child, your attorney should be thinking not only about child support, day care, and activities, but also future college tuition; if not, you are likely 16 years away from appearing before the court to discuss how to pay for college.

Communication between you and your attorney should be simple and basic.

You should be able to easily understand what your attorney is telling you and should always feel comfortable asking for clarification or additional information.   There might be moments when you may misunderstand or disagree with what your attorney is saying, and that is okay, as long as you can discuss your concern and have it rectified to your satisfaction. I always try to end conversations with my clients, by asking, “Did I answer all of your questions?” Sometimes I forget to make the inquiry, but I always hope that they remember that I am open to additional questions.

Availability and accessibility are crucial.

I often hear people state (with frustration) that their attorney has not called them back. Your attorney likely has a busy caseload and outside life, but you should always feel as though you are a priority. Generally, it is reasonable to receive a return telephone call or email within 24 hours, weekends excluded, and with the exception of emergency situations. When I opened my practice ten years ago, I made a conscious decision to use my cellular phone as my exclusive office phone; while this is not the typical phone arrangement, it works for me and my clients seem to appreciate the accessibility.

First impressions should be positive.

When you meet a potential attorney for the first time, you should feel comfortable with that person. Regardless of what kind of case he or she is  helping you with, you will spend a significant amount of time talking with that person. It is very important that you feel as though you can talk with the attorney and confide private information, when necessary and relevant. Don’t be afraid to ask specific questions about the practice. Attorneys have different styles, so it is not uncommon for people to meet with one or two attorneys prior to choosing one to retain.

Fees should be reasonable.

Fees can vary greatly and be assessed in various ways. Some cases are typically billed by the hour, such as a divorce, while others are one price for the entire case, such as an estate plan or some criminal matters, yet others are a percentage of the settlement and contingent upon resolution in your favor. Fees are established on many factors, including, but not limited to, location, size of the practice, experience, reputation, and case load.  Your attorney should explain how you will be billed for services rendered and provide a Fee Agreement for you both to sign. The Fee Agreement should not only explain the fees, but also state the responsibilities of both the client and the attorney.  Similarly, he or she will likely expect a payment or “retainer” prior to beginning your case.  A smaller retainer is not always better, because the attorney will likely ask for replenishment of the retainer when it is running low; the larger retainers often are based on a better assessment of what the case will actually cost to litigate.

Fending off problems before they occur.

A good attorney can identify potential problems before they occur and assist you to avoid them.  Similarly, your attorney should be prepared to aggressively argue your case, including up to and through a trial; however, your attorney should also be discussing how to minimize conflict if and when it is in the best interest of resolution.

As always, please feel free to contact me for additional information.

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