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.