This Blog is on Hiatus

This blog is on hiatus until further notice. I have taken a job in New York City, and I am in the process of formulating a new strategy for the blog. I expect to return at some point to provide the same high-quality blog posts I had been writing for nearly a year. Thanks for your continued readership, and I look forward to posting regularly again soon.

The Blog is on Vacation!

The blog will be dark for two weeks as I am on vacation. I will return to regular, daily blogging on June 14.

Happy Memorial Day

Take at least a little time today to salute our veterans.

Dumb Criminals- Ronald McDonald Edition

http://www.denverpost.com/news/ci_13257240

Thieves stole a fiberglass Ronald McDonald statue with a replacement value of about $3,500. I'm sure it took all kinds of derring-do and cunning to steal the statue, but- WHY?

Dumb Criminals- Larry David Edition

WESTMINSTER, Colo. (AP) – A motorist was arrested Thursday for driving in a high-occupancy vehicle lane with a mannequin dressed to look like a passenger, police said.

Investigators said Greg Allen Pringle, 53, was the only human in the car. HOV lanes are open only to buses, motorcycles, vehicles carrying two or more people or hybrid vehicles.

Officer Mark Watters said Pringle was southbound on U.S. 36 between Boulder and Denver. Watters said the mannequin was dressed in a gray sweat shirt and a baseball cap.

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Didn't Larry David have Kramer try something similar to this in Seinfeld? Didn't he himself try something similar in Curb Your Enthusiasm?

Dumb Criminals- Billion Dollar Edition

LOS ANGELES (Reuters) – The counterfeit money looked good, but there was one flaw. There’s no such thing as a one billion dollar bill.

U.S. Customs agents in California said on Tuesday they had found 250 bogus billion dollar bills while investigating a man charged with currency smuggling.

Tekle Zigetta, 45, pleaded guilty to three federal counts of trying to bring cash, phony bills and a fake $100,000 (57,000 pound) gold certificate into the United States in January.

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Reminds me of something I've heard many times in this business: Pigs get fat, hogs get slaughtered.

Adult Adoption

See, generally N.J.S.A. 2A:22-1 et seq.

In order to do an adult adoption, the adopter must be at least ten years older than the adoptee, and there must be some showing that a parent-child relationship exists, rather than there being some sort of financial or other ulterior motive for the adoption.

One of the happiest cases I have ever handled involved an adult adoption. Most times, people come to lawyers because they are faced with problems, and if they are made happy through the process it is often an accident, or at the expense of someone else. Here, we allowed two people to formalize a "parent-child" relationship they had had for a long time, and it made them both happy to know that not only did they recognize it, but the law now did as well.

What is a Divorce "from Bed and board?"

Okay, one more divorce post.

There really is no formal proceeding to have a legal separation in New Jersey. There is an outdated legal proceeding called a “divorce from bed and board” that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board was very popular in the 50's and 60's. Many people believed that getting a divorce was a mortal sin. These kinds of beliefs were especially prevalent for people of the Catholic faith.

To address these concerns the courts developed a legal proceeding called a “divorce from bed and board.” In this type of proceeding, the parties are economically divorced but are still legally married. The parties receive a judgment that equitably distributes the assets, support awards are issued, and debts are apportioned. In these types of cases alimony is usually not awarded.

These proceedings are helpful in limited legal circumstances, such as if one spouse has a health condition and cannot get affordable health insurance. However, the parties are still legally married to one another, and that can cause all sorts of problems, especially if the parties are not civil to one another, and/or if they intend to remarry at some point in the future.

PSA Topics, Part 2

Here are some other topics you might see addressed in a PSA:

• Health Insurance
• Disposition of the Marital Home
• Pension Plans
• Tax Issues
• Future Dispute Settlement

Health insurance becomes an issue if only one party has access to it, or if children are involved. Pension plans and tax issues are often dealt with in conjunction with the equitable distribution of property (see last post). Disposition of the marital home is sometimes a little trickier, because it is often the parties' largest asset, and often one or both parties for many reasons do not want the home sold (for stability, or because it will continue to appreciate, or for children).

Among the most important provisions of a PSA is that of future dispute settlement. Divorcing couples will have disputes; that is often why they divorced in the first place. A well-written PSA can minimize the number of times that those disputes end up in Court, where neither side is liable to get the kind of results they want, and lawyers will become expensive in a hurry. A PSA that notes a neutral third-party and ways that the two ex-spouses can address their complaints is one that will save the parties thousands in legal fees, and hours of headaches, down the line.

PSA Topics, Part 1

These are some of the issues you might see addressed in a property settlement agreement (PSA) in New Jersey:

• Visitation
• Child Support Payments Under New Jersey Law
• Spousal Maintenance Under New Jersey Law
• Property Division
• Division of Debts

Visitation and child support are issues only relevant if you have children, obviously. Spousal maintenance may be an issue, especially if one spouse is the primary breadwinner (and the other one was at home taking care of children, or if the other spouse could not or did not work). Division of debts can also be important, if the couple has incurred large debts through credit cards, car loans, mortgages, or other debts.

The main issue in any PSA, though, is division of property. As I explained earlier, New Jersey follows an "equitable distribution" rule, which splits property fairly (although not necessarily equally). The Court can make the decision of how to split the property, but oftentimes the parties are much more satisfied (and spend much less on lawyers) if they can make the agreement themselves, and specify it here.

Settlement Agreements

Most divorces are addressed not by a trial, but by a settlement agreement of some sort between the parties. The next few posts will point out commonly addressed issues in a settlement agreement, and then we will move on from divorce to happier topics (I promise!).

Deviant Sexual Conduct

Deviant Sexual Conduct
Deviant Sexual Conduct occurs if the defendant engages in deviant sexual conduct without the consent of the plaintiff spouse. N.J.S.A. 2A:34-2(h).

Consult your lawyer if you have a question as to whether something is "deviant."

Imprisonment

Imprisonment
Imprisonment as a ground for divorce occurs when a spouse has been imprisoned for eighteen or more months after the marriage. N.J.S.A. 2A:34-2(g).

Institutionalization

Institutionalization
When one spouse has been institutionalized for mental illness for a period of twelve or more consecutive months subsequent to the marriage and preceding the filing of the complaint, institutionalization is a ground for divorce under N.J.S.A. 2A:34-2(f).

Addiction

Addiction
Under N.S.J.A 2A:34-2(e), addiction involves a dependence on a narcotic or other controlled, dangerous substance, or a habitual drunkenness for a period of twelve or more consecutive months immediately preceding the filing of the complaint.

Desertion

Desertion
The willful and continuous desertion by one party for a period of twelve or more months, and satisfactory proof that the parties have ceased to cohabit as man and wife constitutes desertion under N.J.S.A. 2A:34-2(b).

What would constitute proof? If for example one spouse moved out and got a new address, changed their driver's license, and did not contact the other spouse, these would be great proofs usable in proving desertion.

Adultery

Adultery

The courts have held that "adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery." New Jersey Court Rule 5:4-2 requires that the plaintiff in an adultery divorce case, state the name of the person with whom the offending conduct was committed. This person is known as the corespondent. If the name is not known, the person who files must give as much information as possible tending to describe the adulterer.

Fault Grounds- Extreme Cruelty

Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect that individual to cohabitate with their spouse. N.J.S.A. 2A:34-2(c).

Please note that extreme cruelty in NJ doesn't really need to be "extreme" in any sense that you and I understand it. Chances are, the things that caused you to end up in a divorce proceeding in the first place are probably the things that could constitute "extreme cruelty."

No-Fault Grounds for Divorce

There are two ways in NJ you can file for a divorce without alleging "fault" on behalf of either spouse. They are:

(1) Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation;

(2) Living separate and apart for 18 months and no reasonable prospect of reconciliation.

Even if these apply, many attorneys will still allege grounds that require "fault" because it is better to allege them and not need them than the other way around. However, if the spouses can agree on everything before the filing of the documents, then there may be no need for any more complicated pleadings.

Coming up- Grounds for Divorce

The next few posts will be a series on the different grounds for divorce, and a brief description of each. These are the grounds for divorce in New Jersey:

1. Irreonciliable differences;
2. Separation;
3. Extreme cruelty;
4. Adultery;
5. Desertion;
6. Addiction;
7. Institutionalization;
8. Imprisonment;
9. Deviant Sexual Conduct.

Jurisdiction for Divorce in NJ

I have quoted the statute below that determines whether two people can get a divorce in New Jersey based on their residency.

1. When, at the time the cause of action arose, either party was a bona fide resident of this State, and has continued so to be down to the time of the commencement of the action; except that no action for absolute divorce shall be commenced for any cause other than adultery, unless one of the parties has been for the 1 year next preceding the commencement of the action a bona fide resident of this State; or

2. When, since the cause of action arose, either party has become, and for at least 1 year next preceding the commencement of the action has continued to be, a bona fide resident of this State. (New Jersey Statutes - Title 2 A - Chapters: 34-8, 34.10)

Basically translated, this means that if one of the two spouses is a resident of New Jersey, and either has been for a year before the filing for divorce, or for a year before the "cause of action" arose (whatever is complained of to cause the divorce), then the divorce can be filed in New Jersey.

How do I get child support/alimony modified?

Courts use a case called Lepis v. Lepis, and the factors contained in (called Lepis factors) in order to determine a modification in child support or alimony. Here are those factors:

In accordance with this general principle, courts have recognized “changed circumstances” that warrant modification in a variety of settings. Some of them include

(1) an increase in the cost of living.
(2) increase or decrease in the supporting spouse's income.
(3) illness, disability or infirmity arising after the original judgment.
(4) the dependent spouse's loss of a house or apartment.
(5) the dependent spouse's cohabitation with another.
(6) subsequent employment by the dependent spouse.
(7) changes in federal income tax law.

Courts have consistently rejected requests for modification based on circumstances which are only temporary or which are expected but have not yet occurred. In other words, temporary unemployment isn't going to get you a modification.

The most annoying part of these standards is that courts do not apply them uniformly. There is a lot of variation at the edges where one judge might grant you a different result than the other. In these cases, although most of the motions are filed without an attorney, a consultation with an attorney might be the best way to increase your chances for success on a motion of this sort.

How does a Court come up with child support amounts in NJ?

Judges (and lawyers in general) are not renowned for their ability to do mathematical gymnastics in their head. Instead, what they use are these long, drawn out documents called the Child Support Guidelines. In short, based on whatever income you are making, they tell the judge what the proper amount should be. There is little or no guesswork involved. Theoretically, the judge could award a different amount, but since this makes it so much easier, and the documents are approved by the Supreme Court, judges rarely deviate from them.

What is Equitable Distribution?

Equitable distribution is the way that courts decide, in a divorce situation, which spouse gets what property.

One thing should be made clear: equitable does not mean equal. The court tries to find a fair resolution, after it figures out which property is subject to distribution. It then considers the following sixteen factors:

Articles

An Overview of Equitable Distribution in New Jersey

[View All Articles]

Title:	An Overview of Equitable Distribution in New Jersey
Date:	September 28, 2004
Author(s):	Jan L. Bernstein, Jennifer Lazor
Area(s) of Practice:	Family Law

New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. Rather, equitable distribution is defined as the division of marital assets in a manner that is fair but not necessarily equal.

New Jersey courts have developed a three step process to distribute assets. First, the court will identify which assets are subject to distribution. Assets included in an equitable distribution may range from the marital home, a business, bank accounts and automobiles to stock options, pensions, bonuses and lottery winnings. Generally, courts have defined marital property to be property acquired by either or both spouses from the date of marriage to the filing of the divorce.

Conversely, some main categories of separate property include property acquired prior to marriage, property acquired during the marriage as gifts from third parties or by inheritance, or property acquired after the filing of the divorce complaint from post-complaint efforts. Courts have held that separate property must be kept separately and not allowed to be co-mingled to prevent it from being identified as marital property. In addition, if separate property is improved during the marriage, it may also become marital property. Courts will also consider whether any incremental value to the property was a result of a market fluctuation or a result of the contributions and efforts by one spouse towards the asset's growth to determine if incremental value is subject to distribution.

Next, the court will value the marital property for purposes of distribution. This step may be as straightforward as looking at bank statements or it can be a more complicated process such as retaining an appraiser or accountant to value a business, or to analyze business benefits, such as deferred compensation, restricted stock or stock options.

In step three, the court is granted wide discretion to determine the most equitable way to distribute the assets. In accordance with New Jersey's Equitable Distribution Statute, courts will consider the following factors:

a. The duration of the marriage;

b. The age, physical and emotional health of the parties;

c. The income or property brought to the marriage by each party;

d. The standard of living during the marriage;

e. Any written agreement made by the parties before or during the marriage concerning an arrangement of property division;

f. The economic circumstances of each party at the time the division of property becomes effective;

g. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;

h. The contribution by each party to the education, training or earning power of the other;

i. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;

j. The tax consequences of the proposed distribution to each party;

k. The present value of the property;

l. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;

m. The debts and liabilities of the parties;

n. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;

o. The extent to which a party deferred achieving their career goals; and

p. Any other factor which the court may deem relevant.

Making this more complicated, this list is not exclusive. There may be other factors involved. For this reason, it is extremely important that in a case with substantial assets and/or feuding spouses, lawyers are involved every step of the way (despite all the expense).

Upcoming Series on Family Law

Tomorrow, I will be starting a series on family law issues that the non-lawyer might want to answer. We'll address basic issues and questions that come up during the initial stages of court proceedings involving divorce, child support, custody, adoption, and anything else that comes to mind. Feel free to shoot me an email at carcher at carllaw dot com if you want a specific issue addressed.

Would you Post Your Credit Score on Facebook?

I would advise against it, but this site lets you do just that. I understand (see Friday's post) that Facebook encourages (some would say it does more than encourage you, but I digress) you to spread private information about yourself to every corner of the internet. However, this is a little like teasing your social security number, one digit at a time, so thieves can have whatever access they need to your information.

Stupid Criminals and Facebook Don't MIx!

See this post.

It's amazing how common this sort of thing is. People are proud of what they do, whether it be bad or good. They can't help talking about it, even if any reasonable person would look at it and shake their head in disbelief.

Being "Ready" and Being "Prepared"

There's an old chestnut about lawyers being one or the other, but not both.

Lawyers who have been around the block a few times can be "ready" to make an argument in no time flat. They have done it before, they know the nuances, and they know how to adapt to facts they may not have caught the first time around.

Lawyers who are "prepared" know the facts, but they still need to put together the argument itself. They need to be able to adapt and roll with the punches as their adversary comes up with something unexpected.

Of course, it's better to be both, but if you don't have the experience to be "ready," you need to be prepared.

A Writing Tip for Lawyers and Non-Lawyers Alike

I did not have time to write you a short letter, so I wrote you a long one instead.-Samuel Johnson

Too often, I write letters or briefs without thinking enough about the content of my message. If you know what your message is, great. If not, think about it until you can put it in one sentence, and use the rest of your letter or brief to explain your ideas- briefly. It will take longer, but your writing will be more persuasive and more forceful.

In Soviet Russia...Lawyer Fires You?

Can your lawyer fire you? Some people don't realize it, but a lawyer absolutely can fire a client. When you become a client, you usually have to sign some sort of agreement or retainer letter. It outlines the responsibilities of the lawyer to you, and of you toward your lawyer. Mostly, the requirements are that you follow the lawyer's advice, pay the bills on time, and return phone calls and provide information the lawyers needs to do his/her job. When a client cannot do so, the lawyer can sometimes have no other choice but to file a "Motion to Be Relieved As Counsel" and, in effect, fire the client.

Crazy Ideas Might Just Grow Your Business

Over the weekend, I got a newsletter from an animal shelter. The newsletter had a 250 word article about the importance of a Last Will and Testament.

My reaction: why didn't I think of that?

It seems obvious that you wouldn't approach a pet shelter with an idea about wills. That's why my name isn't associated with that article. The idea might be crazy, or stupid, but then again it might just work because you haven't considered every side of the issue.

Another Thought on Credit Cards

I am a subscriber of the SoloSez listserv, and there was recently a discussion about checks, and how annoying it is when someone writes you a check and it bounces. The response from several members of the list was that they did not accept checks for that reason, and they took cash or credit cards instead.

This view makes sense to me. As a businessowner, I want to have as much certainty as I can that the payments I receive will be honored, and that I can rely on them to offset my expenses. That said, I feel that credit cards have much the same downside as checks, because it is possible for a payor (the one using the check or the credit card) to retract their payment after tendering it. There is no certainty except cash (and even then, it could be counterfeit...), but except for some specific circumstances there are not a lot of clients that walk in to your office with hundreds and/or thousands in cash. I continue to accept checks, and I continue not to accept credit cards- but I think I understand a little better why people would do the opposite.

Should Lawyers Use: Blogs?

I think a blog is a hugely rewarding experience, and not because of the people who read it, or because of the potential business you can generate from it.

If you're writing a blog, you have to think about what you're writing, and try to convey those thoughts in such a way that they're useful both to you and your potential audience. It doesn't matter if no one reads the blog; the point is that you have thought about an issue, and have an understanding of it. Over time, you become more well-versed in your business, because you have taken the time to think about issues that face business owners and clients alike.

You don't have to write daily. I do, but I write short articles that could easily have been larger, weekly articles. As much as anything else, it's a lifestyle choice, because I can more easily handle the shorter posts, and I think potential readers want to spend two minutes or so reading, and then move on. If you write to a more serious audience, feel free to write weekly or twice a week, and write longer articles. Whatever you do, write regularly, and people will eventually establish a habit of returning to read what you have to say. Their attention will become a very valuable asset.

Should Lawyers Use: Email Lists and Advertising?

Email has become not just a useful convenience, but a preferred method of communications for millions of people. It stands to reason that marketing to email addresses would be a useful tool, especially because it is far cheaper to send emails than it is to send postal mail. However, far less reputable businesses have learned this lesson as well, and we all know about the hundreds of annoying "spam" messages we receive in our boxes each day.

Especially when you are looking to establish a relationship with a client, email lists are useful as long as you have the recipient's permission to receive such a message. Also, don't expect one particular message to yield tremendous results. It is usually necessary to "drip on" someone for a period of time so that you eventually come to mind when they need your product or service. If you can afford the time and patience that are needed to market in this way, you can be successful.

I recommend two mail services, both of which I have used, and neither of which I am currently using (I am building an email list): Constant Contact and Mailchimp.

Should Lawyers Use: Twitter?

Twitter is a popular choice among lawyers and other business owners, which allows for quick "micro-blog" posts that communicate basic ideas. Its usefulness is not limited to business- everyone from satirical figures (Obama's Teleprompter, anyone?) to celebrities.

Why use Twitter to promote your business? Well, people can follow your Twitter feed and will be exposed to your business each and every time you "tweet." If you can provide them with useful information, they will be likely to click on links in your posts, along with keeping you fresh in their mind. I recommend the use of Twitter for lawyers, because it does not require a lot of upkeep and it can help you improve your blogging skills if you should ever want to start a blog later on.

Should Lawyers Use: A Website?

Short answer: Yes.

Slightly longer answer: Websites are essential to a web presence nowadays. A website gives a business legitimacy and is a place where potential clients can get to see whatever carefully crafted image you want to present to them.

That said, you need to be careful in putting the site together. If your site looks sloppy and amateurish, people are bound to make that assumption about you. A well-presented and constructed website can mean the difference between losing clients at your door, and bringing them through.

Should Lawyers Use: Craigslist?

The "legal services" section of Craigslist is a very busy place in most regions of the site. [Craigslist, in case you've been spending the past few years under a rock, is a big classified ads site, split up into a lot of sections.]

That, I suppose, is both a good thing and a bad thing. It's good in that people must be clicking on the ads there if lawyers keep posting. The bad thing is that the site becomes very high maintenance. If you want to keep your ad toward the top of the page, you have to keep posting the ad on the site, often multiple times a day.

In addition, although the posting is free, I'm not sure how many people go looking for a lawyer, in whom they should be able to trust important and valuable secrets, on a site where people can find everything from "casual encounters" to VHS tapes. I suspect that unless your practice or business involves impulsive purchasing decisions, what you see is what you get on Craigslist (and you don't see your ads for long).

Should Lawyers Use: Facebook?

I don't need to introduce you to Facebook. What you might not know, though, is that a lot of businesses, including lawyers, are using Facebook to create fan sites for their businesses. You can tie in a bunch of other tools (like Twitter, blogs, and other media) into that site, and some people are even using it as their main business website. The question is whether you should hitch your wagon to that star.

Facebook undoubtedly has its benefits. There is a huge traffic draw to that site, and users who already have a personal presence on the site can be very successful in attracting followers, or "fans." The compatibility the site has with other platforms is also very helpful. However, just a few years ago Facebook was a distant second to MySpace (remember MySpace?), and Twitter barely existed. I worry that devoting all your resources to Facebook may be a problem if Facebook users abandon the site for the next big thing.

Should Lawyers Use: The Yellow Pages?

For most lawyers and professionals nowadays, the answer to this one is an easy "no."

The Yellow Pages were long a great source for advertising, because everyone went to the Yellow Pages when they needed to know who to call for certain things. Even now, I'm sure that in an emergency my first instinct might be to reach for the big yellow book, if I need to call somebody NOW. However, with the rise of the internet as a search and marketing tool, anyone who's anyone, seeking new business, is advertising there rather than in the Yellow Pages primarily because it is cheaper (or free) and provides practically unlimited opportunities to reach consumers.

Yellow Pages ads range from expensive to outrageously expensive, and their internet products are similarly expensive (even if they are a little more useful). I do not recommend the Yellow Pages unless your law practice is not built on referrals and relies on one-shot advertising for clients, and even then the clients must be looking at the book and not at the internet.

Should Lawyers Take Credit Cards?

Credit cards are all over the place today- it's not particularly profound of me to tell you that. However, people use their credit cards to buy fast food and milk at the local deli- should they also use a credit card to pay for legal services?

Law firms that support credit cards like them because they allow people to access funds that they don't normally have in a liquid form (i.e. in a bank account). Also, there are times when people who don't have a lot of liquid assets in any form need legal services, and that's the only way they can pay for them. People also budget their expenses out on a credit card nowadays, much like people used to use a check register.

It's convenient, but there is a cost. Getting set up with the supplies and the credit card machine can cost several hundred dollars. There are monthly fees associated with the service, and credit card companies take anywhere from 1.5% to 3.5% or more of each transaction. Also, credit card companies will allow a "chargeback" to their customers whereby they can pull the money directly from your account in the event that the customer lodges a grievance against you. If you don't have a high-volume practice, that money can come straight out of your checking account and can cause cash flow problems for you.

There are some businesses where it helps to know that the money is available, and that people can pay you. Those businesses would do well to accept credit cards. My practice is such that, at the present time, I do not accept credit cards and am not considering doing so in the near future. However, one never knows how the market would develop, and it is possible that it will become a staple of my business down the line.

"Should Lawyers Use:" Thoughts on Marketing, Advertising, and Business Development

In some ways, the legal industry isn't a whole lot different from any other industry, in that there are literally hundreds of ways you can utilize your dollars when trying to get your name out. Spending wisely on advertising, marketing, and business development can give you a substantial leg up on the competition, but it takes more than sheer financial wherewithal. The best marketers are shameless and relentless self-promoters, and offer a service that is helpful on its face to the target audience. Their audience knows (or they are educated to understand) immediately why the service makes sense for them.

The next two weeks or so will cover different ways that a lawyer, or most any small business, might go about broadening its exposure to the outside world, and bringing in clients.

To Come in the Weeks Ahead...

I have an approximately two-week series called "Should Lawyers Use?" which could easily translate to other small businesses. There are literally millions of different ways to use a small business's advertising dollar, and other services that require no money but lots of time. I try to address some of these different methods in the posts to come.

Happy April Fool's Day!

Don't believe anything anyone tells you today! Or, do believe them, but I hope you enjoy practical jokes. If you want to see examples of great jokes on the internet, check out this site, which is a list of Google hoaxes throughout the years (many of which have taken place on April 1).

Get your Faxes via Email!

In the interest of full disclosure, I am a RingCentral customer, but I am not paid by them for my plug here.

I use RingCentral for my fax service in the office. I paid about $85 for the year for my fax number, and I was able to choose from a small pool of numbers to find one that worked for me. Within a few minutes, I set up several email addresses that were then authorized to send faxes. The customer service I encountered when setting up my RingCentral account was very helpful.

Now, when I get faxes, they come in to my email account at work. When I want to send faxes (from whatever email address), I simply type in [fax number]@rcfax.com and the fax, with the attachment set in the email, goes out in a flash. I get an email confirmation that the fax sent successfully.

It's hard to beat RingCentral for the equivalent of $7/month. I don't need a fax machine and I can send faxes from my computer. The 300 page limit on my account is not a problem for me, because I am a low-volume user. I would recommend this service to anyone looking to keep a fax service on a budget.

Requirements for Making a Will

The requirements for making a will are very basic. You need to be:

1. Over 18.
2. Somewhat coherent- the technical term is that you must have "capacity." The capacity necessary to sign a will is minimal, and is much less than the capacity required for other legal documents, such as contracts.
3. You must have some idea of what you have to give to your beneficiaries- again, the technical term is that you must know "the nature and object of your bounty." Some practitioners fold this requirement into the second one.

"Holographic" Wills

A holographic will is not a regular will with a shiny sticker attached. Rather, it refers to any will that is partially or completely handwritten rather than typed. If you are looking to make the probate process as easy and painless as possible for your loved ones, don't do a holographic will- the local Surrogate's office has to scrutinize them more carefully, especially if they're not witnessed properly, to make sure that the testator indeed wrote everything in the will.

Impact of Divorce on Wills

Many times a couple will get married and then divorce, and all the while one of the spouses never managed to update their will. As a result, their will states "I give X to my spouse" even though that person is no longer the spouse. Even worse, sometimes the deceased person has remarried. What happens here?

First, a divorce nullifies any bequests in a will to the ex-spouse. Also, to the extent that the ex-spouse was listed as an executor or a trustee, those listings are null and void. If a spouse is not listed in the will, they would be entitled to, at a minimum, an elective share (1/3), and possibly more depending on whether there were children of the latest marriage.

Requirements for Being a Witness

Speaking of witnesses, what does it take to be a witness? Generally, a witness must be over the age of 18, and must know what is being signed. The witness also must (in NJ) be in the same room in sight of the person signing the will, and must personally witness their signature. Beyond those requirements, as long as the witness is not coerced into being there, and realizes what s/he is doing, the witness's signature will be valid.

Interested Witnesses

An "interested witness" is generally someone who stands to inherit something from a will, but is still signing the will document. In New Jersey, an interested witness can sign as a witness without risking either their inheritance or the validity of the whole will. Nevertheless, attorneys will usually ask for two disinterested witnesses just to be sure. Also, in other states such as New York, interested witnesses cannot take from a will unless there are two OTHER witnesses- so be careful before signing as an interested witness, because you might find that you signed away a lot more than you bargained for.

Elective Share

It doesn't happen often, but sometimes a spouse wants to disinherit their other spouse. More often, a couple gets married and one party, who had already executed a will leaving everything to their dear aunt Edna, dies before revising it. What does the surviving spouse do? Are they resigned to a life of poverty?

The law in New Jersey does not allow that to happen. A spouse in New Jersey is entitled to at least one-third of the proceeds of an estate, and if there is no will that percentage is usually substantially higher.

Ademption

Ademption is a legal term describing what happens when a specific bequest in a will is no longer available. For example, if a person wants to give "my 100 shares of X Corporation" to a beneficiary, and before death sells those shares, the gift is no longer available to the beneficiary. You can't give someone what you do not have. The gift is therefore unavailable, and has been "adeemed." The beneficiary would not receive any gift at all- not the stock, and not the cash equivalent.

The way you fix this is to refrain from making specific bequests to the extent that you can, and if you can't avoid it, make the bequest one of cash or something less specific. The more generic your bequest is, the less of a chance there will be that the item is adeemed when the time comes to distribute it.

Things You Might Not Know About Wills

The process of getting a will has gotten a lot simpler with the advent of legal document services that will essentially do a "mad libs" style will for you for a fraction of the cost of an attorney. However, the law has some interesting twists and turns that may end up costing you a lot of money if you aren't very careful. The next seven posts will outline certain issues in the drafting and signing of a will that you may not have been aware of, and may cause you trouble if you don't anticipate them.

Reasons to Get a Small Law Firm #4: Speciality

It used to be that most lawyers did a little bit of everything, and indeed a lot of lawyers will dabble in a lot of different practice areas (especially for good clients, see the previous post). However, smaller practitioners end up in a solo or small firm environment very often because they have a very specific practice they have chosen to pursue, and they find they can make a lot more money supporting their own practice than buying into the large firm overhead.

Reasons to Get a Small Law Firm #3: One-Stop Service

If you have a local neighborhood lawyer, you know who you can go to for any legal issue. Most lawyers do not handle "everything that walks in the door," but over time they build a referral network so they can send cases to someone who knows the law in a certain area better than they do. Knowing and trusting your first point of contact is a lot easier than having to shop for a different lawyer, and trying to establish a rapport, every time you have a separate issue or legal question.

Reasons to Get a Small Law Firm #2: Price and Flexibility

Large law offices are known for taking up thousands of square feet of rented space. They often have beautiful furniture, artwork, and appointments. One supposes the rates they charge are necessary in part to support all of the glitz and glamour.

My law office consists of one room, and is no greater than 200 square feet in size. The small footprint of the office allows me to keep overhead down and productivity up. I can charge a lower hourly rate, or in many cases a flat fee, to control my clients' costs.

Reasons to get a lawyer from a small firm #1: Personal Service

When you deal with a small firm, especially a solo practitioner, you know what you're getting. When you pick up the phone to call, you will reach (and expect to reach) the same secretary and the same attorney. That attorney knows your name and your case. That attorney will be handling every facet of your matter, and you know that when research or legwork needs to get done, the same people will be with you every step of the way.

Reasons to Get a Big Law Firm #4: Resources

Large firms have huge amounts of cash and people. They can invest in training, education, and people who enhance your ability to solve legal problems. They can front costs for depositions or other discovery, and shift the burden of time-consuming and exhausting litigation to a smaller firm, which may crumble under the pressure.

Reasons to Get a Big Law Firm #3: "Prestige"

Large firms draw in the leading names from the legal profession, and those individuals bill premium rates on big cases. Having the influence of a large firm on your side is a great help when you're trying to stand toe-to-toe with your opponent. Large firms don't blink or shy away from confrontation, and their resources and reputation precede them and assist you before anything is ever filed.

Reasons to Get a Big Law Firm #2: Scope of representation

When a firm gets to a certain size, it can handle literally anything in house. There will be people employed by the firm who have years of experience in any speciality, field, or question that you could possibly have as an individual or business. Unless you have an impossibly obscure question or practice area, the large firm will be able to address it.

Reasons to Get a Big Law Firm #1: Expertise

[The next four posts are reasons why, if presented with a legal problem, you should acquire the services of a large firm.]

Expertise.

Big firms, with lots of lawyers, pay very well. Many big firms have lawyers who are considered to be among the best in their profession nationwide, not just in a small region. If you have a sufficiently complex (or expensive) problem, you may feel that you need the top person you can get- and that person is often found at a top firm.

Plugging my Practice and Website

I thought I would take the opportunity to plug my own website, http://www.carllaw.com, and my practice located in Berkeley Heights, NJ. I handle elder law, Medicaid planning, and general litigation matters. If I don't know how to handle an issue, I almost always know someone who does, and I would be glad to point you in the right direction. My office is founded on the principle that people in need of legal services deserve specialized attention and an efficient solution to their problems.

Law Office of Carl Archer
Elder Law, Medicaid Planning, and Litigation

630 Springfield Avenue, Suite 2
Berkeley Heights, NJ 07922

Phone: 908-533-4400
Fax: 908-315-5140
Email: carcher at carllaw dot com

It's (Usually) Not Too Late to File Something

Say you have a deadline to file an Answer, or some other document required by a court or a government agency. It's not a surprise- deadlines are everywhere. Even if you miss one, it happens- everyone misses deadlines once and a while. Does that mean that there is no recourse, and no way to get an exception to the rule? Usually, there is a way.

Courts have their own procedures for relaxing restrictions as to deadlines. Sometimes those restrictions are very easy to overcome- sometimes they are nearly impossible. If you are several years late, you can imagine it would be awfully difficult to be allowed to file a document. However, it is usually worth a try, and a resourceful attorney can find the way that will maximize your chances of avoiding whatever painful consequences there would otherwise have been.

Be Careful What You Don't Say in a Court Document

Depending on the state, and the situation, it may be mandatory that you make a claim for certain defenses available to you under the law. There may be a time limit for you to do so, or you may have to make those claims in a particular document. If you do not make those claims, you may be barred from doing so later on. This is especially frustrating when one considers my previous post, when things you do say can come back to bite you later on.

In order to be sure what exactly to say and what not to say, you should see a lawyer if you need to file court documents. This is yet another reason why doing it yourself (or with the help of a company that sells legal documents you can fill-in) is a dicey proposition.

Be Careful What You Say in a Court Document

Really, this rings true for all documents, but especially for court documents. If you write something down there, you may find yourself bound by it. If you admit to certain facts, or if you allow someone to maintain a cause of action by something you say in response to their allegations, it may end up that those few words will have a huge effect on your bottom line.

"Sprezzatura" for Attorneys

I got the idea for this post from the eminent blogger Seth Godin. Godin defines sprezzatura as

"This is an Italian word for being able to do your craft without a lot of visible effort. It's a combination of elan and grace and class, sort of the opposite of loud grunts while you play tennis or a lot of whining and fuss when you help out a customer."

He mentions that people want their lawyers to show "sprezzatura." I understand completely what he means- a lawyer who looks like he's laboring exhibits symptoms of weakness to other attorneys and to clients. However, an attorney who gets his job done without a lot of visible effort sometimes comes with a surprisingly high bill- there may not be a lot of visible effort, but it certainly becomes visible once you see that invoice.

One easy solution to that problem is simply flat or value billing (a concept I have discussed before). In this way it doesn't matter at all whether you are exerting a lot of visible effort or not. Another way is to purposely abandon "sprezzatura" and make it clear to clients how much effort you are going through on their behalf. This works best for high-maintenance clients who want to know the status of their case on a regular basis. If you can show them everything that is happening and keep it updated, they will know you are putting in a lot of effort, and will thank you for it.

What Is: Elder Law?

You will hear people talk about "elder lawyers" sometimes as a solution to certain problems with older folks. They don't mean old lawyers, they mean people focusing on the needs of the aging population.

But what is the practice of "elder law?" It's tricky, and involves a whole range of disciplines. Elder law has certain facets which are more commonly used (Medicaid or Social Security applications, disability laws, asset planning, wills & trusts...) but it is not at all surprising to run into any of a number of different practice areas during a brief consultation or an entire case. Elder law attorneys need to be versed in a wide variety of laws, and know how to reach out for help when the answer is not immediately forthcoming.

Profound Legal Questions, Part Two

Is it legal to kill zombies (and other related questions)?

Profound Legal Questions, Part 1

What rights do unemployed aliens (from another planet) have on earth?

Law as a Means to an End

Sometimes the point of using a lawyer or the legal process itself isn't to avail yourself of the specific remedies it offers. Sometimes, you can make a different point or accomplish a different goal.

The best example I can think of is a foreclosure. People get behind on their mortgages because they can't pay, or because they don't like the terms of their loan. They will get into foreclosure, wait, and tap dance their way around the legal process for a year or more until they think it's the right time. Then, bang, they get themselves a loan modification, reducing their interest or even their principal because the banks would rather have a lower-profit paying customer than a big fat loss (the home) they have to sell.

Remember that sometimes it's more obvious than others, but the law is always a means to an end. You only use it as far as it benefits you in some way- to recover what you've lost, or maybe to protect what you already have.

Judgments: Docketing Them

If you or a Court Officer cannot collect the money due you on the judgment, you may have the judgment from the Special Civil Part recorded in the Superior Court Clerk's Office in Trenton. Once your judgment is recorded in the Superior Court, the debtor cannot sell with clear title any real estate owned in New Jersey until your debt is paid.

Also, docketed judgments are terrible for a person's credit, and if they try to get loans of any sort they will have a difficult time once the bank or other lender sees that judgment on the credit report.

Judgments: Discovery Orders

Here are a few bonus posts about judgments and what you can do to get your money:

Another approach for seeking information about a debtor's assets is to file with the court a petition stating the amount due on the judgment. The court issues an order requiring the debtor or any person who has information about the debtor's assets to answer questions concerning these assets at a place and time specified in the court order. A person may be required to appear only once without another court order.

You may serve a copy of the order for discovery upon the debtor or other person either personally or by registered or certified mail, return receipt requested and simultaneously by regular mail at least 10 days before the appearance date.

If the debtor or person named in the court order does not comply with the court order and fails to appear at the specified time and place to provide information about the debtor's assets, he or she is subject to contempt sanctions enforceable by the court.

Getting a Judgment: Make Them Tell You!

If you do not know where the judgment debtor has a savings or checking account, what personal property the debtor owns, or where the debtor works, you may obtain an information subpoena from the Office of the Special Civil Part Clerk. An information subpoena is a court paper containing questions about the debtor's assets.

You may serve an original and one copy of an information subpoena upon the debtor either personally or by registered and certified mail, return receipt requested, and simultaneously by regular mail. You also must provide a postage paid, addressed envelope with the information subpoena. The debtor must answer and return the information subpoena within 14 days from the date on which it was served. An information subpoena cannot be served more than once in a six month period without approval of the court. If the debtor does not answer the information subpoena, he or she is subject to contempt sanctions enforceable by the court.

Getting a Judgment: Take a Cut of Their Wages!

An execution against a person's wages can be requested if the debtor works in New Jersey and earns more than $127.50 per week. To request a wage execution, you must send a Notice of Application for Wage Execution to the debtor by regular and certified mail. A copy of the application and a statement of how you mailed the application to the debtor must be filed with the Office of the Clerk of the Special Civil Part.

If the debtor objects to the wage execution, a hearing will be scheduled by the court. If the debtor does not object or the court does not allow the objection, an order for a wage execution will be issued and the wage execution will be delivered to the debtor's employer by the Court Officer. The employer will hold back a portion of the debtor's pay, in accordance with the Order for Wage Execution and will send this money to the Court Officer who will then send it to you.

This is a nice way to get the money, a little at a time.

Getting a Judgment: Grab Their Money!

If you know or can find out where the debtor has a savings or checking account in New Jersey, you may ask that a Court Officer collect your judgment from the money in the account. You must provide the number of the bank, the address and the account number, if possible. Court Officers cannot search for bank accounts.

After the Court Officer gets the money, you have to file a Motion to Turn Over Funds, and if the court grants it, you will get the money from the bank account.

Judgments: Sell Their Stuff!

An execution on goods and chattels (i.e. stuff) lets the court try to collect the money owed on a judgment from the debtors bank account or personal property. If your adversary owns real estate, you can try and collect from that as long as you are owed more than about $15,000.00. You must locate and identify the debtor's personal property that can be used to satisfy your judgment. You may, for example, ask that a Court Officer try to sell personal items such as office equipment, etc., at a public sale. The debtor may keep $1,000.00 worth of personal property.

If the debtor does not have $1,000.00 in personal property, this method cannot be used to satisfy your judgment and to collect the money owed you.

If you want to seize a motor vehicle, you have to be able to prove that the vehicle belongs to them by getting a certified copy of the title and a certified lien search from the New Jersey Division of Motor Vehicles.

5 Things To Know About: Enforcing a Money Judgment

All right, you won the case: now what? This week brings 5 things you probably didn't know about collecting a judgment.

First, it's a pain in the neck, and if you have a lawyer do it you'll end up paying probably at least a third of your judgment in their fee, plus the costs of enforcing the judgment. Most of the time, though, lawyers who do this sort of work will not charge you their fee until they receive money from the person that owes you.

If money is owed you because you have been awarded a judgment in the Special Civil Part, you are a judgment creditor. You should contact the person who owes you the money (the judgment debtor) to discuss payment. Payments sometimes are made on the day of the court hearing or over time. If you do not receive money that is owed you, there are several ways the court can help you collect it.

Although the court will try to help you collect the money owed you, it cannot guarantee your debt will be paid. The forms for the different methods of collection outlined below are available from the Office of the Special Civil Clerk.

5 Things to Expect or Do during a NJ Small Claims Trial (#5 of 5)

5. The Judge cannot extract money from the other side

The best you can hope for in a case is a judgment. A judgment is a helpful piece of paper because it can be used to leverage money out of someone, and theoretically it entitles you to collect a certain amount of money from other people. However, in its true form it is merely a piece of paper, and you will need to go through separate legal proceedings in order to collect on the judgment. Happy as you may be that you got a judgment (if you are a Plaintiff; if you are a Defendant you hope for a dismissal, and hope that the judge does not order a judgment against you), the process is not nearly over yet.

5 Things to Expect or Do during a NJ Small Claims Trial (#4 of 5)

4. Bring Witnesses

If other people can lend credence to your case, or they saw what happened in your case (like, for example, passengers in a car during an accident), bring them. Don't have them write letters or sign anything, and then stay home. The other side has a right to cross-examine your witnesses, and if they don't get to exercise that right then your witness will not be heard.

5 Things to Expect or Do during a NJ Small Claims Trial (#3 of 5)

3. Paper is overrated

The rules of evidence are a technical and legalistic mishmash of procedures designed to make sure that the judge can rely on documents and testimony that are reliable. However, without formal legal training (heck, with formal legal training) sometimes these rules are hard to understand or apply. One of the rules is that documents can sometimes be inadmissible in court.

It's always better to have the documents than not to have them, but it's always better to have your own testimony, corroborated by other people's testimony, to back the documents up and give them the proper context.

5 Things to Expect or Do during a NJ Small Claims Trial (#2 of 5)

2. Make Sure You Bring Your Proofs

You will want to make sure that whether you are a Plaintiff or a Defendant, you have your proofs in hand and ready for the judge. You want to make sure that you can tell a story and that all of the pieces fit together and make sense. The judge is more inclined to believe you if you can do that.

5 Things to Expect or Do during a NJ Small Claims Trial (#1 of 5)

1. The Plaintiff usually loses.

The Plaintiff has the burden of proof in a lawsuit. That means that the Plaintiff has to prove the things he is alleging, rather than having the Defendant prove that they aren't true. If the Plaintiff can't prove their case, the judge will dismiss it.

Trying to Hammer Out Your Differences Before Trial

If your adversary is there, your case will most likely go to mediation. Someone from the court (a mediator, probably a judge's law clerk or other volunteer) will help you work out your case and see if you can come to an agreement short of going to trial. If you can, the case will end there- if not the case will go to trial. It might go to trial on that day, or you might have to come back again on another day.

What if your adversary doesn't show?

If your adversary is not there, your case will probably end right there. If you are a plaintiff, you will be able to get a default (other party didn't appear), and the clerk will tell you how you must proceed in order to get something called a default judgment (court has now ruled in your favor).

It sounds strange that the process is two steps, but it's meant to protect the defendant who does not appear but gets themselves figured out quickly. It's also meant to make you prove your case to a judge before you get a judgment, which is a public record and can have severe effects on a person's credit.

A judgment is a document that says that someone owes you money. That's all it does. You will actually have to collect on the judgment yourself, which is a whole other topic for another day. It's not simple, and requires a fair amount of paperwork.

NJ Small Claims- That little postcard? Read it Carefully!

You will receive a postcard telling you the day and time you should appear. You should take them seriously, because otherwise you will have to file a motion or start your case all over again. On the morning that you are called to court, you will sit in a courtroom with quite a few other people and wait for your case to be called off the calendar.

New Jersey Small Claims Court: A Primer, Part One

A few practical tips about small claims days in New Jersey:

First, expect to wait. A lot. Don't park your car in a metered space. Don't make a 2pm appointment with the hairdresser or schedule a pickup basketball game in the afternoon.

Secondly, expect the courtroom to be crowded. They call sometimes a hundred or more of these cases in a single day, because most of them don't go to trial for various reasons.

Finally, if you're a defendant, bring your checkbook. One of the main reasons that cases don't go to trial is that they are settled on the day of trial. That process is a lot easier when the defendant is able to pay something toward the settlement of their case that day, rather than waiting 7-10 days or more for a check to arrive in the mail.

Fraud Damages Must Be Proven

(5) resulting harm.

As with most torts, damages must be proven as an element. The courts will not simply award damages because of conduct because the court is designed to make people "whole" or as close to that as possible given that money is a bad substitute for most damages. The courts do not normally punish people- they leave that to law enforcement (another branch of government).

Reasonable Reliance

(4) reasonable reliance thereon by the other person; and

Reasonable reliance is basically a judgment call on the size of the lie that the defendant tells in the fraud case. If it's a guaranteed return on an investment or something along those lines, it's a little different than saying that a $5,000 investment will return billions of dollars next week.

Reliance itself just means that the person hearing the lie acted on it assuming that it was true.

Intent- Fraud's Second State of Mind

(3) an intention that the other person rely on it;

The false statement must be out there because the person making that statement wants the plaintiff to rely on it. If it's just negligence or innocent mistakes, you won't win a fraud case.

Knowledge or Belief- One State of Mind

(2) knowledge or belief by defendant of its falsity;

Fraud is an interesting thing to prove because you need two states of mind- "knowledge" of falsity and (as I'll talk about later) "intent" to mislead. I have covered these states of mind before.

If a person doesn't know or think something is false, they haven't committed fraud. They may be dumb or misinformed, and they may even have been negligent, but their culpability does not reach the level of fraud.

Material Misrepresentation- not quite Lying

(1) material misrepresentation of a presently existing or past fact;

Let's break this down.

Material means that the misstatement of fact cannot be a small thing. It must be a pretty big fact and probably has to be one of (if not the) main reason why the fraud ended up taking place.

Misrepresentation is a fancy word for lying, but it basically means that someone has to say that something is one way, even though it isn't.

Presently existing or past. The fact in question cannot be speculative, or occur in the future. It must be true now or true in the past.

Fact. The thing misrepresented cannot be opinion or falsity. It must be true.

Series on Fraud

People love to throw around the word "fraud" to describe anyone or any situation in which they got a raw deal. However, within the scope of the law in New Jersey, fraud has a series of very specific elements and is very difficult to prove. Also, it must be proven by clear and convincing evidence, a higher standard than a preponderance of the evidence. The elements of fraud are

(1) material misrepresentation of a presently existing or past fact;
(2) knowledge or belief by defendant of its falsity;
(3) an intention that the other person rely on it;
(4) reasonable reliance thereon by the other person; and
(5) resulting harm.

Craigslist Tip #5- Know Your Target

Know exactly what you're looking for. If you know you need a computer, and you think you want one that costs about X amount, look on ebay. Look on google. Look everywhere else you can to find out what specifically you want, and then go to craigslist. The benefit there is that you can weed out all the people who think they know what you want, and you can make a better price on the items that match your needs.

Information is king when buying anywhere, but especially in a fast-moving environment like Craigslist.

Craigslist Tip #4- Cash is King

This goes along nicely with the whole X-Files "trust no one" theme on the blog this week. Take cash, and give cash. Don't accept checks, money orders, or promises of a huge payday. Craigslist only works for you if you don't get scammed- and if you let yourself get scammed by taking Zimbabwe dollars as payment, then you're really making it hard to get anything out of the site.

Craigslist Tip #3- Face to Face

This might just be the lawyer in me talking, but you can hardly trust people nowadays as it is. However, when you're talking about cut-rate merchandise, in a completely anonymous marketplace, there is even less reason to trust people. Craigslist does not have bidder feedback, and so if you get burned there is less of a way to go after these people.

Know what you are looking for, and deal face-to-face. Don't be afraid to back out of a deal if what you want doesn't match what you get.

Craigslist Tip #2- Don't Rush to Purchase

It only stands to reason that if you aren't taking the time to consider your purchase, you increase your chances of making a mistake. Craigslist is a great place to go searching if you know what you want (and if you really know, then post a "wanted" ad to target other like-minded people), but if you're not sure, then you will get frustrated. At the bottom of the market, deals get snapped up quickly, and if you can't move fast you won't get them. You will end up gravitating toward something that isn't a deal- and that nobody else will be willing to touch.

Craigslist Tip #1: If it's too good to be true, don't fall for it.

A job paying hundreds of dollars an hour?

A computer for $5?

A two-year old low mileage car for $1000?

A two-bedroom apartment in a nice town for half the normal rent?

Don't believe it. When you reply to ads, you send your personal information to them, including but not limited to your email address. Scammers love to post ads like this that are just too good to believe, and when gullible people follow them through to their nasty conclusion, it never ends well.

Know what you're looking for, and get a sense of what you are probably going to pay. Hunt for bargains, but don't trust one that just falls in your lap.

Practical Law: How not to get ripped off on Craigslist

I'm going to run a practical set of posts next week. They aren't strictly speaking "legally" related, but they will help you to avoid getting ripped off or scammed (and thereby needing to talk to a lawyer). These five tips aren't really even unique to Craigslist, but they are rules I've lived by for quite some time and I haven't gotten badly burned on any of several dozen transactions I've made to buy or sell things.

I can't speak about anything other than purchases- if you're trying to find Mr. Right or Mr. Right Now, find yourself another website.

The topics I'll cover are:

1. If it's too good to be true, don't fall for it.
2. If you need something NOW, go to a chain store rather than hunting on Craigslist.
3. Deal face to face- don't mail anything or accept mailing of anything.
4. Cash is king.
5. Know exactly what you're looking for (and where to find it).

What do all these "bad Craigslist" ads have in common?

All of them are promising you something for nothing. Or practically nothing.

People who practice law have to charge more than these people because they assume different risks. If you are being charged next to nothing for legal services, the person representing you is probably not fully accountable and responsible for your legal matter, and you need to be very careful.

Bad Craigslist Legal Ads, Part Four

http://southjersey.craigslist.org/lgs/1545883607.html

This ad comes frighteningly close to UPL. A "certified paralegal" can draft documents, but the fact that s/he is not a lawyer means they can't sign them, and they aren't responsible for what they are drafting. Lawyers are supposed to be responsible for them by virtue of their signature (and their supervisory abilities).

It's possible this guy actually even knows what he's doing, but that doesn't mean that what he's doing isn't (quite probably) illegal. If he marketed to lawyers I'd be a little less critical, but this is a craigslist ad quite plainly targeted to potential clients as well.

Bad Craigslist Legal Ads, Part Three

Some ads are downright bizarre. This ad is for spiritual work either on cases or for the assistance of attorneys and/or clients. Frankly, it doesn't make much sense. However, if you think that spiritual help is going to help you with a man-made legal system, you have another think coming.

http://newjersey.craigslist.org/lgs/1544263789.html

Bad Craigslist Legal Ads, Part Two

http://southjersey.craigslist.org/lgs/1543076906.html

The most telling line:

Disclaimer: I am not a lawyer. I cannot represent you in court or I’m not supposed to give you advice. I can, however, give you my opinion, and that opinion is based on 30 years of representing people from divorces to winning prisoners freedom. And factually, I personally represented people for (17) years--but circumstances now prevent me from doing so.

--
So is that why your charges are obscenely low? How could he have been representing people for 17 years? One suggestion appears here.

Bottom line: if you have legal problems, get legal help. In other words, talk to a lawyer, not somebody who offers to solve every problem you've ever had for cab fare and two rounds at the local bar.

On Spending Money, or How To Sink a Small Business Very Quickly

Three words here: watch your overhead.

The nice computer, the flashy sign, the fancy furniture, the big office- they all are nice and have their uses. However, try to get them all at once and unless you have a lot of income on the horizon, you might find it's really difficult all of a sudden to pay the bills.

Nobody really notices the difference between a so-so office and a very nice office, but your pocketbook will. People will notice a spectacular office, but if you're really looking for those, make sure somebody else is paying for it.

Bad Craigslist Legal Ads, Part One

Here's the text of the ad:

[Company probably practicing UPL] HAS A STAFF OF RETIRED ATTORNEYS AS WELL ACTIVE ATTORNEYS THAT WILL HELP YOU EITHER GET WHAT YOU DESERVE OR GUIDE YOU INTO A SAFE ZONE IF YOU ARE A DEFENDENT. WHY US? - WE CARE ABOUT YOU NOT YOUR RETAINER FEE.

WE SPECIALIZE IN ALL LITIGATION, CIVIL, CRIMINAL, LAW DIVISION, ALL MOTION PRACTICE AND COMPLAINTS DRAFTED IN HOUSE.

COME MEET MY TEAM AND KEEP THE MONEY IN YOUR POCKET.

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Why is this bad? Very simple- unauthorized practice of law. In New Jersey, it's not just a bad idea- it's a crime!

2C:21-22. Unauthorized practice of law
a. A person is guilty of a disorderly persons offense if the person knowingly engages in the unauthorized practice of law.

b. A person is guilty of a crime of the fourth degree if the person knowingly engages in the unauthorized practice of law and:

(1) Creates or reinforces a false impression that the person is licensed to engage in the practice of law; or

(2) Derives a benefit; or

(3) In fact causes injury to another.

c. For the purposes of this section, the phrase “in fact” indicates strict liability.

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That could be 18 months in jail, folks. Bad news.

"Making a Point"

All of us have had situations in our lives where we have been inconvenienced or damaged by some sort of situation due to another's negligence. A totally understandable first instinct is revenge- and if you're the litigious sort (or if you're a lawyer), the court system seems like a natural place to seek redress.

If you're mad about something that happened to you and you want to sue, I understand. You have suffered some sort of damage and/or injury and you want to be compensated for it. That's one thing.

But don't file a lawsuit to "make a point." Some people want to get their money, and to prove something as well. The problem is that people and companies have this annoying tendency not to see your "point" because you're trying to extract money from them. If you end up being able to make a point (through the media or whatever) after you win, then terrific. However, you need to win (and make yourself some money) first; losing your case would make the wrong kind of point.

Getting a New Will in the New Year

My friend Lynda Hinkle posted here that it is a good idea to get a will in the new year. I wholeheartedly agree.

This document is increasingly easy to get at an increasingly low price, either from sites like LegalZoom or from an attorney. Depending on your needs it can be very simple to have one drafted as well.

Even if you don't have much, it really helps to have a will because it makes the process much less cumbersome for your family, and reduces the stress that goes along with the whole grieving process.

New Office and Contact Information

I just wanted to take today's space to let you know that I have the following new updated contact information:

Law Office of Carl Archer
630 Springfield Avenue, Suite 2
Berkeley Heights, NJ 07922
http://www.carllaw.com
carcher at carllaw dot com
856-448-4449

Happy 2010!

Get to work on those resolutions, and give them a little thought over the weekend. Can't hurt! (and plus, it'll stop you from "cleaning up" all those leftovers before you go back to work on Monday.)