Real Estate Attorneys

Real estate transactions may call for a real estate attorney. But, what should you look for when choosing someone that will represent your best interests and needs to the fullest? Some states mandate the use of a lawyer in a real estate transaction. Such states include Georgia, Massachusetts, and South Carolina. Not all real estate issues are the same so when narrowing down the search for a real estate attorney pay attention to the specialized focus of a practice. For instance, one attorney may specialize in residential where another one may work exclusively with commercial or landlord-tenants. It’s also a good idea to distinguish what type of lawyer you need. An attorney who focuses on contracts and transactions is known as a transactional lawyer. Whereas an attorney who specializes in handling lawsuits is referred to as a litigator. Just because a real estate attorney may advertise that they specialize in real estate law, it doesn’t necessarily mean that they are the best person for the job. Just as you would interview a real estate professional before listing your home, it’s important to vet carefully an attorney before hiring them. Here are the top 5 questions to ask when interviewing real estate attorneys: How long have you been practicing? If the transaction is complicated, then you will most likely want someone who has a great deal of experience. What experience do you have in the real estate law field? The answers to this will vary. But ideally, you want to know where they graduated from, how many similar cases they have handled, etc. How will my case be handled? The worst thing to do is enlist the services of an attorney only to find out that they aren’t the ones actually working on your case. Watch for other individuals that may help in the case that may not be licensed. Alternatively, a paralegal or junior attorney could also be assigned to the case. What costs are involved? Fee schedules will vary from one lawyer to the next and it’s best to know a ballpark figure going in rather than being surprised with a massive bill later on. On average, an hourly fee may range anywhere between $150 to $500+. Some firms may also require a retainer up front before taking the case. This is not that uncommon. Can you provide me with references? In the interview process, it never hurts to ask for references to see what others thought of the lawyer. Doing your homework on an attorney before hiring can save you headaches in the end as a good lawyer is worth their weight in gold. Aside from a personal interview, you can also turn to online resources to find additional information on attorneys. You can find attorney’s listed under the state bar association and there are also a wide variety of lawyer referral services. A Google search will also turn up some results as well. Researching online will involve checking out the attorney websites to learn more about their credentials and specialties. When conducting your search for a real estate attorney make sure that there is no conflict of interest with them representing you. Once you have narrowed down the field to just one attorney, then a retainer agreement or engagement letter is typically provided to you which will outline in writing what to expect regarding fees and services to be provided. It’s important that you fully understand the terms of this document as ‘lawyer language’ can be confusing. If you have any questions, don’t hesitate to ask them as the only dumb question is one not asked.
Nuptial Agreement

What to include in a Pre-nuptial Agreement Pre-nuptial agreements, arranged with the help of an Ontario lawyer, can be a bone of contention between couples, because it can seem as though a husband and wife-to-be are focusing on getting divorced even before the marriage ceremony has even taken place! I do (or I don’t?!) It is an unavoidable fact however that approximately just over one-third of marriages don’t make it to the finish line and so it is crucial and only sensible to protect yourself financially in the event of your marriage becoming part of this statistic. In doing so you also actually protect yourself emotionally. A prenup can actually provide the peace of mind to start your married life with confidence; knowing that should things go wrong, you have a contract in place to ensure that division of assets is both fair and legally enforceable in a court of law. What exactly do I need to include? 1. Any personal assets It may be that you own a company; perhaps built up from scratch that you would not want to risk losing in the event of a divorce or separation. Adding your business as a separate personal asset would protect and maximise your future earning income should you and your partner go your separate ways as they would not be entitled to a share. You may also own your own property or an item such as a family heirloom that you want to keep within your family. If you secure your personal assets in a pre-nuptial agreement, with the help of a lawyer in Ontario then you have the reassurance that someone who can be become a complete stranger during or after divorce proceedings is not going to walk off with anything of great value to you. 2. Dependent children Any dependent children; either from a previous relationship or as a result of your marriage will need to be financially taken care of in the event of a separation or divorce and a pre-nuptial agreement can determine your exact wishes as to how any property and assets; whether personal or joint will be used to financially support dependent children. 3. Details of your estate Many people think in terms of a will/living will when they plan how to leave their estate, but a pre-nuptial agreement can also be used as an essential estate planning document too. In the unfortunate event of ’til’ death us do part’; a prenup can prove a valuable guide in separating personal assets from those that may be acquired during the marriage meaning that you can decide what your partner will receive as part of your estate and what will be inherited by your children or other family members.
Florida Justice System

Under Florida law, all those who took part in a fatal robbery are equally guilty of murder irrespective of the part played in the crime. My view is that if the law says that about robberies then why are drunk drivers who kill someone not charged with first degree murder too because they have also killed someone during the process of committing a crime. That is driving under the influence. The Florida lawmakers should explain to their people how their community will benefit from locking people up and throwing away the key approach. In the case of Jennifer Mee, she was convicted of first degree murder and sentenced to life without the possibility of parole, so what hideous crime did she commit? Did she murder someone in cold blood? Well, here are a few facts as I understand them to be; Jennifer set up a date with a young man via Facebook but she did not have romance on her mind but rather robbery. The plan was to rob the young man with the assistance of her two male companions, but during the mugging one of Jennifer’s friends shot the victim. I don’t know where Jennifer was when this all took place. It was never Jennifer’s intention for the victim to be shot (according to Jennifer) and she claims she didn’t even know that one of her friends had a firearm on his presence. I don’t know what you think about Jennifer but whatever it is, would you feel the same way if she was one of your relatives? My view is that Florida has changed the meaning of the word murder for whatever reason. I always thought murder was an intentional act and the only intention Jennifer had was to rob her victim. Murder was not even discussed as far as I know. The other important point is life without parole sentences. This may be the only option for some, but not the majority of them. In Jennifer’s case, her lawyer gave her a 3-5% chance of ever being released, but I cannot fathom out how he came to that conclusion. Because there is a clemency option for Jennifer subject to certain criteria and one of them is that at least ten years of their sentence must have been served. She has been inside since 19 and is 28 now so has little time to go before she completes ten years.
Copyright Fraud

Protecting trade secrets and intellectual property, and taking action against infringement, has actually become extremely difficult in the modern international business world. If you do have a concern that involves proprietary information or about copyright fraud, then in some cases a private investigation agency could be an ideal choice for assistance. Perhaps this is even more the case in less developed countries where enforcement of copyright seems less of a priority for the police than in more developed nations. Indeed in some countries the police might be part of the problem. Perhaps that may be a little extreme (perhaps not) but at the very least the police all the way up through the chain of command, may just be ignoring the issue of copyright infringement. In many cases this might not be through the lack of genuine concern so much as lack of resources. The more limited the resources, the more challenging the prioritisation decisions. One needs only to walk around the streets in South East Asia to see the huge amounts of counterfeit DVDs, bags, clothes, telephones and so on all openly on display. A private investigation agency can help locate the principal source of illegal activities, and those involved along the supply chain. How a Private Investigation Agency Can Help Discover the production source of the copyright items; Find the seller/s of the copyright items; Go undercover in order to find out and expose the various elements of the supply chain; Retrieve valuable specimens of the stolen goods; Do background checks of the perpetrators. What Copyright Investigation Involves Research of violations: Agents can help you in identifying intellectual asset theft as well as copyright fraud; Identification of the perpetrators: One of the main steps with copyright investigations is to discover, locate, and also obtain essential background information and profiles of the perpetrators; Surveillance at retail and manufacturing locations: Surveillance may also be used in order to get evidence of infringement and theft at source and along a supply chain. Companies and individuals face challenging, and constantly evolving landscapes in intellectual property rights in any given country. Local private investigators are often best placed to assist in the constant battle against infringement of patents, copyrights, trademarks, and trade secrets. In this expanding global marketplace companies are working in new territories and facing not just different administrative hurdles, uneven enforcement, and procedural barriers but also commercial obstacles from extremely sophisticated counterfeiters.
Everything to Know About American Law

American legal system. In the years since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To illustrate how the legal system works, Feinman draws from noteworthy, infamous, and even outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald’s half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like “due process” and “equal protection,” as well as by drawing distinctions between terms like “murder” and “manslaughter.”
The Foot Soldiers of Our Constitution

One wishes there were more such citizens.’ — Romila Thapar Who is Teesta Setalvad? For the Hindu Right, she is a dangerous impediment to India’s onward march to ‘glory.’ This is the story of the real Teesta – inheritor of the best and most progressive traditions of India’s struggle for freedom, a ceaseless and courageous fighter for justice. In these moving memoirs, she speaks of the influence of her grandfather and father; her early career as a journalist; her coming to political maturity during the horrific violence in Mumbai after the demolition of the Babri Masjid in the winter of 1992-93; her own trajectory as an activist with fellow traveler, Javed; and, of course, her role during and after the post-Godhra violence in Gujarat. This is a stirring, inspiring tale of determination, courage, fortitude and an unshakeable commitment to constitutional principles. ‘Teesta has a distinguished lineage. Her grandfather, Motilal Setalvad, was India’s first Attorney General; his son Atul (Teesta’s father) was a leading Senior Advocate in the Bombay High Court. Each of them gave shape to our constitutional law. But Teesta carved out a separate niche for herself – as a worthy footsoldier of the Constitution.’ — Fali S. Nariman ‘A crusader in the cause of justice and human rights, Teesta’s life is a saga of small and big battles fought by a person with firm conviction and strong determination. She has proved herself more than a match to her detractors and persecutors however high placed they may be.’ — Justice P.B. Sawant ‘Teesta Setalvad is a woman of courage and deep convictions. This book is a testimony to her spirit and grit.’ — Mallika Sarabhai ‘The Gujarat riots produced, at one end, Modi, and at another end, Teesta. The story of her life is necessary reading for those who engage with the Indian sociopolitical system.’ — Kancha Ilaiah Shepherd ‘The scoundrel times in which we live, where the fascists and the powerful rule supreme, hers is the voice of sanity and compassion.
How I Choose to Lead My Law Firm in These Uncertain Times

One of the credos at The Mike Morse Law Firm is to be the best law firm to work for in Michigan. We came up with that 13 years ago. But during these unprecedented times, I keep asking myself, what does it really mean? I do think we have been the best law firm to work for. I don’t need the Free Press awards to tell me that. I worked for other law firms. I know how they treated people. There was no trust. There was no communication. You didn’t know what the partners were truly thinking or how the firm was doing. You didn’t know how secure your job was, until you were fired. I swore when I opened my own firm in 1995 that I would never treat an employee the way I was treated. I actually thought about this when I had no employees. I had a vision of what it would be like to have employees and show them the respect I always wanted. To tell them how the firm was doing, good or bad. To encourage them to speak up and to help me decide which way to go if I faced a tough decision. And it has worked. Since 2007, every quarter I stand in front of all of my employees gathered in one room and give a “State of the Firm.” I did it when we had 25 employees, and I do it now when we have 150. I share how we did last year and last quarter. What my goal and vision is for the next quarter. I ask all new hires to stand up and introduce themselves. Tell us where they last worked last and why they decided to join our firm. We lay out our vision and goals and I let every person know what needs to be done to hit our goals for the quarter and year. I talk about our Core Values each quarter. Some of my employees have heard this speech almost 100 times. I do the meetings myself and I give my energy and I receive the love and energy from my employees during these meetings. So back to the question of are we really the best law firm to work for in Michigan? Was it just pie in the sky when I said that was a goal? A guiding principle? I could have picked lots of things but after much consideration by myself and my executive team, it has always remained as one of my top priorities as an employer. At our firm, we’ve always hit our goals. We have not had an off year since we have been tracking our numbers. We have grown about 25% a year since 2007. During this time with our physical office closed, I have been talking with a number of lawyers and reading a lot. I spoke with a lawyer who heads his own firm yesterday who immediately laid off people- his only receptionist and his associate lawyer. This was a very small firm. They are down to the partners. They have only been closed a few days. We have been closed and working remotely for almost two weeks. I watch how Delta Airlines has laid off 70% of their employees without pay. I see other companies doing the same. People in the service businesses that actually can be open during these times, don’t want to work because of fear. I get that. Hopefully their businesses will survive and they can all be rehired back after this disaster ends. But for my business, my law firm, my baby that I started from scratch, I have been thinking of what to do. There is no book written to help in these times. I am a decent leader and visionary. I have survived my dad dying when I was a young man in law school, being fired from one of my first legal jobs with no notice, a major fire that swept through my office just as my firm was starting to take off, and much more. My COO John Nachazel and I are actually putting the finishing touches on a book we are calling Fireproof, How to Take Your Law Firm From Unpredictable to Wildly Profitable. The book isn’t out yet, but it has been a fun exercise. I am realizing that during this period, we are Fireproof. Since my fire in 2008, our team has had a disaster plan. Everyone already was prepared to work from home. We decided on Sunday, March 15th, to close our physical offices down. The next day, all of my 150 staff were up and running remotely. Their gear worked because we had tested it. They all had the phone apps on their phones because we made sure they did before this happened. The people who needed printers had them. We had a process written and shared and discussed years before this happened. We were ready. And it worked and paid off. What our plan couldn’t account for is that the courts are closed with no open date in sight. Insurance companies are playing games and some are not settling cases. Defense attorneys are trying to figure out how they survive without billing and without a lot of depositions and court appearances happening. This will be an off year for sure. It is nearly impossible to hit our settlement goals with everything shut down. All of our trials are pushed off months and may not even go in 2020. Payroll will get tight, soon. I have never had to bail out my law firm with my own personal money. I have had several employees raise their hands that they cannot work a full 40 hours and have volunteered to go down in hours for their own benefit and to save the firm some money. I even had a member of my own executive team offer a pay cut! To say I was surprised and delighted would be an understatement. Because of how we treat our employees they are stepping
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How to Succeed as a First-Year Attorney at a Big Law Firm

So considering that, here are some tips that I would offer to bright-eyed law school grads who are ready to kill it in Big Law. 1. Consider Your Short and Long Term Plans It’s obvious, but you absolutely have to sit down with yourself and think about your short and long term plans. Why are you working in Big Law? What are your goals? In fact, I’d argue that you need to do this before you begin your first day as a junior associate. Big Law can provide you with an awesome paycheck, but the golden handcuffs can tighten once you begin upgrading your lifestyle. It can become harder and harder to leave, even if you don’t necessarily enjoy what you’re doing. By contrast, it’s marginally easier to leave if you already recognize that you will only stay in Big Law for X number of years—or until you pay off your law school debt—before transitioning into something else. Ask yourself: do you want to become a partner at your firm or another firm? Do you see yourself staying in Big Law for just a couple years so you can become debt-free and then try something else? Or are you simply not sure about what you want to do? Whatever the answer, just be honest. This isn’t like The Bachelor, where you absolutely have to be in Big Law for “the right reasons.” Whatever your motives, keep them in mind as you’re starting off. If you’re feeling frustrated or stressed in your first year, it’ll be reassuring to know why you chose to work in Big Law in the first place. And who knows—your outlook on Big Law may change once you get your feet wet. 2. Handling the Day-to-Day Grind This topic could be an entire essay, but here are several strategies that helped me become a faster and better junior associate. Your strength is attention to detail: Let’s face it. Coming out of law school, most of us don’t know much about the actual practice of law. Our first year is essentially an extended training period — even clients recognize this and are increasingly refusing to pay for first-year work. As you’re learning how to actually be a lawyer, you need to become the master of details. This is something you can do right away: all it requires is patience and dedication. So if you’re working on a current lawsuit, be the member of the team that knows the facts inside and out. The same goes if you’re working on a deal as a corporate associate. I know, some of the work that you’re completing can be extremely boring. It’s even more of a challenge if you’re pulling late hours and constantly feel fatigued. But at this early stage of your career, you’ll get noticed and will bring value to the team by being the master of details. It also goes without saying, but all of your work should be absent of typos and should include all correct citations. And absolutely don’t forget to Shepardize everything. More matters > fewer matters: The question that I and other first-year associates would often ask is how many matters to take on. This is a tough question. Sure, you can say no to a partner requesting your assistance on a project, but this will probably cause long-term damage. Partners and senior associates will see you as less reliable and less of a team player. My general advice is that too much work is better than too little work. You want to be put on matters that have a long shelf life and where you are given a good amount of responsibility. It’s obviously difficult to project these factors, but that is the ultimate goal. At the beginning of my Big Law career, I was lucky in that I was the only associate working with two partners on a new lawsuit. The partners trusted me and gave me a good amount of responsibility, even letting me argue a minor procedural point in court. If possible, you should aim for these types of opportunities. Having said all of this, there may come a point where you’re inundated with projects. For instance, a partner may barge into your office and say a project needs to be completed “ASAP,” even though a different partner on another matter told you the same thing ten minutes earlier. If this is the case, you need to take action, and the most important thing here is communication. Describe your workload to both partners and the fact that you have conflicting, imminent deadlines. Be totally upfront with your ability (or inability) to complete the tasks on time. If necessary, the partners will have to work it out amongst themselves or seek out additional help. Mind your billable hours: As you begin at your firm, you should understand how many billable hours you’ll need to receive your annual bonus. Once you know the total number, divide it by twelve so that you know how many billable hours you need per month. This will be especially helpful during your first year (since your bonus will be prorated depending on your firm’s fiscal year), but it’s useful to have a benchmark for every month going forward. You want to constantly audit yourself to see if you’re on track. And yes, this means entering your time within 48 or 72 hours (your partners will thank you). If you’re not on track, you need to find work sooner rather than later. While many of your peers will be scrambling to find billable work just weeks before the end of your firm’s fiscal year, you can avoid this stress by ensuring that you’re on track throughout the year. Better to be proactive and eclipse the threshold by a large margin than panic at the end of the year. But along with this, recognize that the work typically ebbs and flows. For as much as we want to smooth out our workflow, it doesn’t work like that. It’s often feast or famine. If