This is the best and least expensive way for parties to resolve disputes.  You can consult with an attorney behind the scenes to provide legal advice and coaching to assist you in the negotiations with the other parties.  Be aware that not all attorneys are willing to work with clients in this fashion.

Method 2:  Mediation

Mediation is a process where a neutral third party listens to both sides of the dispute and helps the parties reach resolution that is acceptable to both parties.

Most counties have a state-funded Dispute Resolution Center which provides inexpensive mediation services to parties involved in disputes.  Attorneys are not permitted at attend these mediation sessions, but an attorney can work with a client behind the scene to provide legal advice and coaching on the mediation process and ways to present the client’s position.

Alternatively, parties can work with a private mediator.  Mediation with a private mediator is recommended for more complex issues or matters involving specialized areas of the law.  Attorneys can attend the mediation sessions with their clients or the parties can participate in mediation without attorneys.

Method 3:  Collaborative Law

In this method, each party is represented by a Collaborative Law attorney.  Collaborative Law attorneys are trained in interest-based negotiations. In Collaborative Law, the parties contractually agree to resolve the matter without going to court other than to obtain court-required signatures on agreed documents.  The attorneys work collaboratively with each other and the clients to provide legal advice and resolve the dispute through open discovery and without court intervention.  More information on the process is available on our Collaborative Law Page.

Method 4:  Negotiated Settlement

In this situation, both parties are represented by an attorney.  Each attorney provides legal advice to his or her own client, and the attorneys negotiate a settlement on behalf of the client without the client being directly involved in the negotiation.  The client must approve all negotiated settlements.

Method 5:  Arbitration

In arbitration the parties agree to resolve their dispute by bringing it to a neutral third party, or arbitrator.  The parties agree to be bound by the decision of the arbitrator.  At an arbitration hearing, the parties may present evidence and witnesses supporting their positions in a style similar to a trial, but in a more relaxed atmosphere and with more relaxed rules of evidence.  An arbitrator skilled in the issues should always be selected.  Arbitration is typically a less expensive option than litigation.

Method 6:  Litigation

Through the litigation process, the parties submit their dispute to the court through a series of court filings and hearings culminating in a trial where the judge or jury makes the decision.  This is the most expensive and time-consuming method for resolving disputes, and it is the method least likely to achieve a satisfactory result.  Cases are almost always better settled than tried, but sometimes litigation is the only option.

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Our firm has worked successfully with clients using all of these methods of dispute resolution.  By sifting through the facts and law of your case, we will help you to understand the strength of your position and evaluate which dispute resolution method will be best for you.  You can then make an informed decision about how to proceed.  If you would like more information about dispute resolution options for your situation, please contact our office.

The donation of a conservation easement provides the opportunity for certain federal tax benefits.  In order to take advantage of the income tax benefits, the donation must satisfy the Internal Revenue Code requirements for a charitable contribution.  Only qualified conservation contributions satisfy the requirements for a charitable contribution and income tax deduction.

A qualified conservation contribution is a:  1) qualified real property interest; 2) donated to a qualified conservation organization; for 3) conservation purposes.  26 U.S.C. Section 170(h)(1).  In addition, the easement’s conservation purpose must be protected in perpetuity, the easement’s value must be determined by a qualified appraisal, and the easement must be donated or sold for less than market value.  Each of these terms is carefully defined by the Internal Revenue Code, and each must be satisfied to obtain the charitable income tax deduction.

The donation of a conservation easement may also provide estate tax benefits.  The value of the donated conservation easement is removed from the taxable estate and therefore results in a reduced value of the estate.  In certain situations, the estate may also take advantage of a partial exclusion from estate taxes.

Holism is the view that an integrated whole has a reality independent of and greater than the sum of its parts.  Holistic lawyers understand that law provides the form and structure for society.  We also recognize that laws made in one area impact and influence other areas of law and life, and that external factors influence law and our clients’ lives and businesses.  That’s the theoretical view. 

In practice, holistic attorneys look beyond the narrow legal issue a client brings to us to see what else is going on.  Sure, we look at the obvious peripheral issues such as taxes and finances.  But we aren’t afraid to dig deeper when it appears there’s more going on.  Are there emotional or health issues?  Is there fear of moving forward?  A midlife crisis?  Overwhelm?  Lack of expertise or capital?  Lack of support at home?  You get the idea.  Once we understand what’s really going on, we can better advise our clients.   For example, perhaps a client wants a partnership agreement for a business venture.  Some lawyers will merely take the information from the client, draw up the agreement and be done with it.  In contrast, a holistic lawyer will take the time to understand what the client wants to accomplish.  Maybe a partnership isn’t the best option or maybe there are red flags that taking on this particular partner would not be a good choice.  We help our clients step back to see the big picture and their motivations so they can fully evaluate their options before proceeding.  A holistic attorney might recommend the client consult with a business consultant or coach, accountant, planner or other person if it appears there are peripheral issues that need to be explored before moving forward.  Doing so can save our clients time and money in the long run and perhaps avoid a costly mistake. 

Holistic attorneys know the decisions our clients make impact their lives and the lives of others.  We encourage and support our clients in taking the high road wherever possible.  For example, the decisions a client with children makes when going through a divorce will impact that family unit.  Choosing to let go and move on produces growth, healing and an opportunity to co-parent with a former spouse, while engaging in blame, vengeance or victimhood produces quite different results.  Similarly, the decisions made by a client who wants to construct a new building for her business will impact her customers, employees and loved ones as well as the environment and the local economy.  As holistic lawyers, we help our clients identify how their choices will impact their lives, the lives of others, and society as a whole.  In this way, our clients comprehend the consequences of their choices before they make them and thus choose consciously after weighing the pros and cons of all possibilities. 

Most importantly, holistic lawyers understand the strength, power and wisdom that come from aligning the head (lineal thinking) with the heart (intuition).  As guardians of the law, we have chosen to use law for healing, growth and service.

A sole proprietorship is a business owned by one individual.

• Filings with the State.  Aside from obtaining a Master Business License and any local permits, no special paperwork or filings with the state are necessary to establish your business legally so long as you use your own name as the name of your business.  If you decide to use a tradename (for example, Joe Johnson wants to operate as Joe’s Bar and Grill), you must register the trade name with the State when you submit your Master Business License Application.
• Employees.  A sole proprietor can have employees.
• Taxes.  Income and expenses are reported on Schedule C attached to your Form 1040 Individual Tax Return, and income is taxed at individual tax rates.
• Personal liability.  A sole proprietor is personally liable for all debts and obligations of the business.
• Community Property Liability.  If a sole proprietor is married, the couple’s community property, including the spouse’s income, is at risk to satisfy debts and other obligations of the business.
• Limited ability to fund losses.  Liability insurance may be able to fully fund losses incurred as a result of professional or general negligence, but the owner remains personally responsible for operating liabilities (office expense, payroll, taxes) and liabilities not funded through insurance.

Recommended where:  1) the owner has limited resources, 2) the owner is not sure whether the business will be successful, and 3) liability protection is not a major concern.
Corporation

A corporation is an entity organized to carry on a business either for profit or not.

• Filings with the State.  Articles of Incorporation and filing fee are required as well as annual maintenance and filings.  A corporate name must include the designation Incorporated, Corporation, Limited or some abbreviation of these words such as Inc., Corp. or Ltd.
• Taxes.  Two options are available:  1)  C Corporation -  Subject to federal corporate tax rates.  Profits distributed as dividends are taxed as ordinary income to the shareholders; and 2)  Subchapter S Corporation -  Must qualify and file an election.  Profit is taxed at each shareholder’s individual tax rates rather than the corporate rates.  Self-employment tax does not apply to shareholder wages.
• Employment Taxes.  The corporation pays employment taxes; shareholders do not pay employment taxes unless they are also employees.
• Personal liability.  The shareholders are generally shielded from responsibility for the corporation’s debts and liabilities, but the “corporate veil” may be pierced for willful actions, such as breach a fiduciary duty, violation of law, or fraud.

Recommended where the owners:  1) work in the business, 2) want the tax advantages of a Sub S corporation, and 3) either want or are willing to deal with the formalities of a corporate structure.

Limited Liability Company (LLC)

A limited liability company functions more like a partnership but has liability protection similar to a corporation provided that requirements are met.

• Filings with the State.  A Certificate of Formation and filing fee are required.  The entity name must include the designation Limited Liability Company or some abbreviation of that term such as LLC or L.L.C.
• Taxes.  Treated same as a partnership, but an LLC may elect to be treated as a corporation for tax purposes and may lose its ability to be treated as a partnership if it has more than two of the characteristics of a corporation:  1) continuity of life; 2) centralized management; 3) free transferability of interests, and 4) liability for debts limited to the value of assets.
• Allocation of profits and losses are as specified in the LLC agreement; otherwise, they are allocated according to the value of each member’s contributions.
• All earnings of members are subject to self-employment tax.
• Personal liability.  The LLC itself, rather than its members, is responsible for the debts, obligations and liabilities of the LLC, but members who participate in the management of the LLC are personally liable for certain acts and omissions, such as gross negligence, intentional misconduct or a knowing violation of law.
• Professional LLCs (PLLC) must maintain a minimum of $1 million of professional liability insurance.

Recommended where the owners:  1) do not work in the business (e.g., passive income such as real estate rental income), and 2) there is only one owner or the owners know each other well (domestic partners, spouses, family members).

2. How a contract is formed. A contract is formed when there is an offer by one party which is accepted by another party and there is a mutual exchange of value (cash, services, promises) between two or more competent parties.

3. Counteroffers. A counteroffer automatically rejects a prior offer. If you make a counteroffer and the other party rejects it, you cannot revive a prior offer unless the other party allows it.

4. Some contracts must be in writing to be valid and enforceable. Examples include real estate listing agreements, real estate purchase and sale agreements, contracts between merchants for the sale of goods valued at greater than $500, contracts where the performance cannot be performed within one year, and prenuptial agreements.

5. Contracts do not need to be in writing unless required by law. But it’s highly recommended that you have a written contract when

• 1) you are the one being paid for your products or services,
• 2) the scope of work is detailed or complex,
• 3) contract performance will be on a very tight time schedule, and 4) you want to be able to enforce the contract if the other party fails to perform.

6. Leases. A lease is a type of contract. You can’t just walk away from a lease without compensating the other party.

7. Oral contracts are extremely difficult to enforce. Oral contracts are contracts where there is capacity, offer, acceptance, and consideration but no written contract or memorandum of the parties’ agreement.

8. Implied Contracts. To prevent injustice, courts have developed case law creating implied contracts.

9. Implied-in-Fact Contracts. A court will find that an implied-in-fact contract exists where the parties have demonstrated by their conduct an intent to be bound.

10. Implied-in-Law Contracts. A court will find an implied-in-law contract exists to prevent unjust enrichment where one party confers a benefit upon another party, who is aware of and retains the benefit without paying for it.

11. Contract Disputes Can Be Resolved Without Litigation. There are 4 ways to resolve disputes without going to court (called Alternative Dispute Resolution or ADR):

• Negotiation by the parties directly or through their attorneys
• Collaboration. This is a formal process where the parties and their attorneys commit to resolving the dispute together, which enables the parties to retain control of the outcome. Each party has the benefit of legal counsel and the parties and counsel (the “collaborative team”) may seek the advise of other professionals, such as engineers, accountants and appraisers, to help the parties resolve the dispute.
• Mediation. In this model, the parties and their counsel seek the help of a mediator to resolve the dispute. The parties still retain control over the process, but less so than with collaboration.
• Binding Arbitration. The parties and their counsel submit the dispute to an arbitrator, who makes a decision as a judge would. The process is streamlined and less formal (and thus less costly) than litigation. The parties have less control over the outcome than they would with the other methods.

The benefits of ADR are significant savings in legal fees, saving the turmoil and emotional energy of litigation, and keeping the dispute and confidential business or personal information out of public records.

12. You may be “right” but that doesn’t mean you will win in court. Although “justice” is the goal of the legal system, in reality it’s rough justice at best. The judge only gets a snapshot of your case before having to make a decision. And the rules of evidence may disallow some of your evidence. Going to court is expensive, time consuming, and emotionally and financially draining. The legal system is designed to be a last resort when parties cannot resolve a dispute by any other means. Litigation is a form of war: everyone loses something, everyone spends a lot of money, and no one is really happy with the outcome.

13. Damages. When one party fails to perform a material (important) contract obligation (called a breach of contract), the other party is entitled to seek damages. The measure of damages will be an amount sufficient to put the non-breaching party in as good a position as if the contract had not been breached. A party may sometimes be awarded consequential damages and incidental damages. Consequential damages are foreseeable damages that directly result from a breach of contract. Incidental damages are related to a breach of contract, but do not directly result from the breach.

14. Noncompetition Agreements. These agreements with employees will only be upheld by a court if they are reasonable in geographic area and duration.
15. Oral Amendments to Written Contracts. Oral agreements or amendments to written contracts are rarely enforceable. They are extremely difficult to prove.

16. Business owners are held to a higher standard than consumers. When it comes to contracts, business people are presumed to be more savvy than consumers. Where a consumer might be able to get away with saying he/she didn’t understand the contract, a business owner will not.

17. Contracts are construed against the drafter. Where a contract is unclear, the interpretation of the party who did not draft the contract will control.

18. Nondisclosure Agreements. These will be enforced if they are clearly written.

19. Loan documents are a form of contract. A promissory note is a promise to pay.

20. Read all contracts carefully. If you don’t understand a provision, seek the advice of an attorney. Do not rely of what the other party says the contract means. A contract should say what it means. If it doesn’t, the language should be rewritten to clear up any confusion. A contract should not need “interpretation.”

We know the multitude of issues confronting accident victims and we are here to help you when help is most necessary. Our initial consultation is without charge.

We carefully select the personal injury and property damages cases we accept. When possible, we try to reach settlement without court action. If you would like more information about how we might be able to assist you, please contact Elissa Kokis at our firm.

Important Considerations for the Injured Person

1. Treat your injuries. Your health and well-being should be your primary concern. Be sure to follow your physicians’ advice at all times. Don’t forgo any treatment. You will not be compensated for skipping recommended treatments. Taking a stoic position and trying to “tough it out” will not help you get well and it wont be compensable in a future claim.
2. Track all expenses and keep all receipts related to the injury.

3. Keep track of mileage to and from all appointments related to the injury.

4. Maintain all documentation for work/income losses.

• A. Keep track of time off work related to the injury.

• B. Keep track of any sick or vacation days taken for the injury or to attend appointments related to the injury.

• C. If you are self-employed and someone else absorbs your work load following your injury, you won’t be able to show a financial loss that is compensable unless your business taxes show a loss in profits for that period of time. If you must be away from work, consider replacing your position with a paid temporary employee whose wages can be part of a future claim.
  

5. Keep a diary of your experience – taking note of injuries, pain, the recovery process, your losses, including limitations in activities and hobbies, lost opportunities, changes in relationships with friends and family, and impacts on your job or career. All of these aspects of your life may be affected by an injury, and it is important that you document them as they arise.

6. Do not settle with an insurance company until you are fully recovered and have had your case reviewed by an attorney.

Above all, take care of yourself and follow your doctor’s advice.

The packages include all of the estate planning documents that you may need, including Wills, Trusts, Powers of Attorney, Health Care Directives and Community Property Agreements. Which of these important documents you need depends upon your goals and circumstances. The following rates are available for a limited time:

$600 for single adults with no minor children
$700 for single adults with minor children
$750 for couples without children
$950 for couples with minor children

We want to support our clients in proactively taking care of this important life planning at a manageable cost. Over the past few years, we have seen multiple clients whose failure to adequately prepare resulted in unnecessary expenses and stress during an already difficult time. We don’t want that to happen to you.

Take the time to assess your estate planning goals and make sure that your documents and beneficiary designations are in order. If you already have a will or other estate planning documents that may need updating, please give us a call to discuss your needs.

We invite you to take a look around and familiarize yourself with our practice and services. We hope you find the site useful and informative.

Should you have any questions or comments, please do not hesitate to contact us.