Parents Waiving Liability For Their Child: Is YOUR Business Protected?

July 7, 2010

Are you a business owners that provides or manages some form of activity to minor children?  If so, do you typically have the parents sign a pre-injury liability waiver?  Guess what?  The Michigan Supreme Court recently reaffirmed that a parental pre-injury liability waiver is unenforceable under Michigan law.  Why?  Because a parent lacks authority, absent special circumstances, to bind his or her child by contract.  Only time will tell what impact this has on the provision of recreational and sporting activities for kids and how much litigation crops up because of it.

If you’re interested in reading the actual court opinion, you can read it here.

What do you think?  Is the law in Michigan right?  If not, should the court have come to a different decision?  How should we strike a balance between a business’ ability to “contract away” liability and the protection of young children no matter what the circumstances?

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in “whole family wealth” planning for doctors, nurses, lawyers, other professionals with minor children, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Who Moved My Office? Things I Learned In My Office Move

April 14, 2010

As I’m sure all my regular readers know, I recently moved to a new office.  I believe that all things happen for a reason – the timing and the office are perfect.  What I realized during the moving process is that I did some things right and I did some things wrong.  So, I thought I would pass along the key things I learned.  I’m sure I will think of more as I get fully settled in.  I hope this proves useful to many of you.

  • Plan, plan, plan . . . I can’t emphasize that enough.  I’m a chronic planner/organizer and I fell short on this one.  I thought I had everything planned out in the perfect way . . . turns out, not so much.  Planning includes not just finding the location and setting a general time frame for the move.  It also includes planning your moving announcement card, coordinating change of address, notifying all the vendors, customers, memberships, insurance companies, service professionals, referral sources, etc., of your move, and that is just the tip of the iceberg.  It even includes planning on how best to pack up your old office to make the unpacking in the new office as efficient as possible.
  • Start earlier than you think is necessary.  I started my office search and planning process almost 4 months ahead of the scheduled move.  Guess what?  That was too late.  I still found myself rushing at the end.  Give yourself the time.  Particularly in the current commercial real estate market you have the benefit of being able to view many different locations and negotiate with many different property owners/landlords to make sure you are getting the best office.
  • Pick the office that is the best “fit” for your business and your personality.  It seems to go without saying, but at lot of people don’t think about the second one.  By checking out several different locations I was able to find a great location, great office layout, AND a building owner/landlord that is kind and great to work with.
  • Utilize a tenant representative if there is one in your area.  I had the benefit of working with Chris Atwater from Waters Tenant Representation LLC.  If you are moving your business in the West Michigan area, you owe it to yourself to talk with  Chris.  He is a man of integrity and truly represents the tenant throughout the process.  And he is fair to the building owner/landlord as well, which only helps the tenant in the negotiation process.  On a grander scale, I recommend a tenant representative as a way to know that the person you’re dealing with is truly working on your behalf and not conflicted between dual roles.
  • Make a realistic budget and add 20% to it.  This is what I did and it served me VERY well.  I actually came in under budget – partly by getting some great deals and partly by deferring some purchases.  There’s no sense in making an unrealistic budget.  In today’s environment you can get a good feel for pricing on every item you’ll need by searching the internet.  I’m a big fan of supporting local businesses, so I researched the items online to help build my budget and then I purchased locally.
  • Talk to other business owners who have gone through office moves.  Been there, done that is a big help.  You may not use every suggestion they give, but I assure you that listening will be beneficial.

Please feel free to share your suggestions via comment on this post.  I’m curious to hear what others have learned.

How a Layoff Can Be the Start of a Dream Come True

April 8, 2010

There was a great article in the Grand Rapids Press this past Sunday talking about how layoffs are a driving force behind many recent business start-ups (read it here: http://www.mlive.com/business/west-michigan/index.ssf/2010/04/bad_economy_driving_more_worke.html).  The drive, determination, and creativity of the folks in the article is why I limit my business services to only entrepreneurs.  I believe entrepreneurs can benefit most from my approach and that I can bring the most to the table for these drivers of our economy.

This article provides encouragement to thousands who may consider starting their own business, as it shares the stories of folks who have.  Fear is the common barrier between idea and action . . . at least in my experience.  And knowing that others are in the same situation as you and have taken the same “leap” you’re considering, helps alleviate some of that fear.  The layoffs and overall job loss over the past couple of years has allowed the creative spark that lied dormant in so many individuals, to come out and be put into action.

So I ask . . . do you have a great idea for a business?  A new product?  A new service?  A new way of providing a product or service?  What’s holding you back from acting on that great idea and making it the catalyst to take your future into your own hands?  I look forward to comments on this post or via email.  Let’s work together to keep the entrepreneurial spirit strong!

As a side note, if you are curious about entrepreneurship, you should consider the Michigan Small Business Technology and Development Center’s many resources.  The hub just happens to be right here in West Michigan at Grand Valley State University’s downtown campus.  You can find out more here (http://www.gvsu.edu/misbtdc/).

I would be remiss if I didn’t remind everyone how important it is to have the proper legal, insurance, financial, and tax foundation when you start your business and as you continue to operate it.  I have a very unique approach to providing business formation and ongoing representation services that enables a start-up to spread out the associated fees and receive the guidance and services they need not only upon start-up, but throughout the critical first years.  Comment on this post, call me, or use our contact us page if you would like more information.

Why Every Business Needs a Lawyer (and What Type of Lawyer They Need!)

April 1, 2010

This will be a short one.  I just read a great blog post by my colleague Gina Madsen in Nevada on this very topic.  I recommend you read it here (http://www.madsenlawoffice.com/Blog/tabid/59/ID/25/Why-Every-Business-Needs-a-Lawyer.aspx).  Gina is very good at being short and to the point.  I won’t add much to her article other than a personal example.  I recently had a new client join one of my business membership programs, and boy is he glad he did.  The first matter I worked on for him was a negotiation that resulted in him saving $3,000!  And beyond that – and more importantly – he had the peace of mind of knowing I was taking care of the issue for him.  He expressed many times how he “just didn’t have to worry about it, or think about it . . . I have a business to run,” and “I just want it taken care of. ” And take care of it I did.

Gina also had a followup post on How to Choose the Right Lawyer for Your Business.  You can read it here (http://www.madsenlawoffice.com/Blog/tabid/59/ID/26/How-to-Choose-the-Right-Lawyer-for-Your-Business.aspx).  Gina and I have the same approach to serving our clients – a relationship model built on service.  A trusted adviser that you can turn to without having to worry about getting a bill in the mail every time you do.  Being proactive rather than reactive (and saving serious $$ by doing so).  And she brings up some very important additional considerations.  I particularly agree with her suggestion to work with a business lawyer who has practical business experience.  I think many business owners overlook the beneficial insight such a lawyer can bring to the table.  I know that my business degree and practical experience helping operate a commercial equipment leasing company help me be a legal adviser AND business adviser to my clients.  And their feedback let’s me know they appreciate that added benefit.

After reading those posts (and my comments) you likely find yourself looking for “that type” of lawyer.  Well, if you are in West Michigan, look no further and call our office for a Small Business Review to see if you qualify to work with our firm.  And if you are in Nevada, I recommend that you call Gina.

Estate Planning for Entrepreneurs – Business Succession

March 24, 2010

I just read a great article on the topic at Inc. Magazine (http://www.inc.com/guides/estate-planning.html#).  I think the article brings up some great considerations.  Here’s some of my thoughts/comments on it:

  • VERY important to have a good professional team to work with in order to have the best plan for your situation – attorney, accountant, financial advisor, insurance, and valuation companies are key.
  • I have found that many business owners do not want to go through the necessary conversations that need to be had to have the best buy/sell for them.  Best to have them when everyone is getting along than to have them during conflict, or worse – litigation.
  • There is also hesitancy with many business owners regarding formal valuations.  Common reasons given are cost of the valuation, not wanting to know what the value is (may be higher or lower than they hope), not wanting to provide all the financial and operational information necessary for a proper valuation, and the list goes on.
  • I agree with the suggestion to go with a smaller, local firm that focuses on estate planning and/or business succession.  This helps develop a relationship with a trusted advisor that will pay great dividends for the business owner.  It’s like having a personal family lawyer.
  • I don’t entirely agree with the suggestion to check Avvo.com to find an attorney.  Yes, it can help locate an attorney, but so can google.  I’m not a believer in their rating system as it there are many reasons a given attorney could have a high or low ranking that have nothing to do with how knowledgeable the attorney is aorhow well they provide their service

What do you the business owners out there think?  You have a business to run, so what would cause you to consider addressing the issues presented in the article?

Stuck Between Fear and Excitement – The Business Owner’s Daily Experience

March 20, 2010

This thought came to me during a recent conversation with a good friend.  He mentioned how he currently was in a real struggle in his business yet could see the amazing potential of what could be in the very near future.  He wasn’t fully fearful and he wasn’t fully excited.  He was somewhere in between . . . actually a rapid seesaw back and forth between the two.

This “in between” area seems to be a common hang out for many small business owners and entrepreneurs that I know and work with.  It is a place that every small business owner has visited and likely will visit, however briefly, throughout the growing life of their business.  I’ve been there myself and can relate to what an “odd” feeling it is to be gripped by fear – whether financial, time constraints, marketing, work-life balance, health, etc. – and excited by the continued growth and success of the business . . . all at the same time!  What an emotional ride.

And that is the key!  The emotion is what I see keeping business owners in the “stuck” phase.  Fear . . . excitement . . . they are emotions, and as such they can swing wildly one way or the other and cause irrationality.  I’m not saying to completely take the emotion out of being a business owner . . . no way!  That’s what makes “the ride” so fun.  I believe the key is to temper both sides, be more “even keeled,” or whatever other cliche phrase you feel fits best.  It is key to recognize the emotion, what is causing the emotion, and to address what is causing it in a level-headed and pragmatic way.  People who know me well know that a constant gripe of mine is how “the law” (politics, court decisions, etc.) is a pendulum that seems to always swing too far one way or the other – it never settles in the middle ground.  Fear and excitement are the same way.  The oddity with these emotions is that you can have both at the same time!

In addition to my faith (the most important factor!), I found several books to be helpful in guiding me through recognizing the situation and dealing with it appropriately (eventually).

Have you been there?  Know someone who has?  Have useful advice for other blog readers?  I would love to hear from you!

The Creative Business Lawyer™ and How You Can Use it to Grow Your Business

March 2, 2010

In my previous post I shared how, as a Creative Business Lawyer™, my approach to practicing law is different from the traditional experience.  And now I want to share how the “rubber meets the road.”  So I have a different approach, but what does it mean to you, the business owner?  I think the Creative Business Lawyer™ Client Pledge sums it up nicely.  Let me know your thoughts!

Creative Business Lawyer™ Client Pledge

As your Creative Business Lawyer, I pledge to:

  • Learn as much about you, as a person, as you are willing to share.
  • Encourage and support your greater good.
  • Never surprise you with an invoice.
  • Tell you if I don’t know the answer to your question and then find the answer you need.
  • Bring in help if and when I need it.
  • Return calls and emails promptly and proactively keep you informed on issues relevant to our relationship.
  • Recognize we are all human and can make mistakes.
  • Introduce you to people I think might be able to help you.
  • Have your back if you’re ever threatened.
  • Celebrate your successes as if they were my own.
  • Love you like a member of the family.

See the difference?  And there’s so much more.  I’m excited about this new approach and I enjoy any opportunity I get to share more about it and learn more about business owners.  If you would like to learn more, contact us to setup a LIFT Small Business Review.

What Is a Creative Business Lawyer™ and What Does it Mean to MY Business

February 28, 2010

As you may have read in my previous post here, I recently received the designation of Creative Business Lawyer™.  You may be wondering “what does that mean” and “why should I care?”  Well, I think you should care a LOT if you are a business owner or are looking to start a business – or if you know someone in either of those positions  Why?  Because it’s an approach to business formation and counsel that walks alongside you as the business owner to help you make the best decisions for your company – to help, not hinder, in a proactive way.  And, contrary to the typical relationship with a business lawyer, this relationship is not based on time.  No “billable hour.”  Hard to believe?  It shouldn’t be.  Why shouldn’t you get the same type of service from your lawyer as you get from suppliers and your other service providers?

In this post I’ll share what drives a Creative Business Lawyer’s™ passion for what we do.  And the best way to understand it is to share with you the Creative Business Lawyer™ manifesto.  I encourage you to share your thoughts here or email me and let me know if you have questions, comments, or suggestions.  The next post will explain the Creative Business Lawyer™ Client Pledge – a radical, and improved, way of viewing the lawyer-client relationship.

CREATIVE BUSINESS LAWYER™ MANIFESTO

Creative Business Lawyers™ believe:

  1. Our job is to help business owners reach their goals, not stand in the way.
  2. Our job is to help business owners understand and manage risk, not eliminate it.  Risk is what makes life and business fun and worth living.
  3. People and relationships are ultimately more important to the success of a business than documents and numbers, but magic is made when they all work together.
  4. Hourly fees impair relationships, service, and trust.
  5. We must strive to earn the honored description of “Trusted Advisor.” It is better to be a “Trusted Advisor” than a “Hired Gun.”
  6. People were not meant to live/work in cubicles.
  7. The spark of creativity and entrepreneurism exists in every human.
  8. Everyone is worthy of respect.
  9. Our clients know more about themselves and their companies than we do.
  10. The right Trusted Advisor can see and help people move through entrepreneurial and personal blocks.
  11. People generally have a positive motivation for their actions and actions taken from this perspective add to the world.
  12. There is more value in problem definition than in problem solution.
  13. Creative micro-businesses are the future of the world.
  14. Simple solutions are better than complex strategies.
  15. All disputes and conflicts can be solved with creativity.

How Should Small Businesses Get the Legal Advice They Need

February 2, 2010

That’s a great question, isn’t it?  I’ve overheard and been a part of many conversations that ask just that question.  These are business owners who value the advice and counsel of an attorney and don’t think they can afford it.  Ideally, they would like to have an attorney on staff, whether as official “in-house counsel,” or as senior executive  where he or she can help with company operations and also keep a handle on the business’s day-to-day legal needs.  The cost to have in-house counsel is prohibitive for many . . . especially small businesses.  Better yet, what about the “micro business?”  Those with annual revenues from a few hundred thousand up to a few million (as defined by the government).  Having such advice at their fingertips is surely out of reach.  Or is it?

Well, if there is one thing I’ve learned, it is that being “small” or “micro” does not mean that the business is unsuccessful, easy to run, or without risks.  As a matter of fact, these businesses are the ones that most need  legal advice and are the least likely to get it.  In many cases, because the cost is too high as it relates to their revenues and other expenses.  This post, albeit slightly dated, is a great example of a new model for providing legal services to businesses.

After you read that, you are probably thinking, “oh, sure, there are five firms listed that provide that kind of service (although I’m sure there are more), and even so, it still seems geared toward a larger business than mine.”  I hear you.  Literally, I have heard that comment before.  And it is my goal to solve that quandary for many micro- and small-businesses.  My two passions in  the law are business planning/counsel and estate planning.  I really don’t seek out other practice areas because I know that I will provide the best service and product to my clients if I concentrate on my passion.  But the model I learned in law school and through the guidance of excellent mentors is broke . . . at least in my opinion.  I was taught two different billing models for having an ongoing “relationship” with business clients: (1) straight hourly billing, and (2) retainer/hourly billing.  The first is the traditional method to which everyone is accustom: you multiply your hourly rate by how many hours you worked for a client in a given month and that is the bill.  The second involves a monthly retainer (flat amount) that “buys” you a certain number of hours.  The latter is a way to exchange a fixed monthly rate (helps the law firm with cash flow) for a lower hourly rate (benefits the client), typically.  Anything over that is charged at the hourly rate (normal or discounted depending on the arrangement).  I didn’t like either option because I didn’t feel it allowed me to have the level of relationship with my clients that I wanted to have . . . to be the trusted advisor they turned to no matter what the issue.  It actually discouraged my clients from calling me – what kind of a lawyer/client relationship is that and how does it benefit the client or the lawyer??  Good question.

For the past several months I’ve been working on a model much like what is talked about in the article mentioned above, with one key difference – it is geared toward micro- and small-businesses only.  Not only are these businesses desperately in need of sound legal and business counsel, they are the businesses I most enjoy working with.  This model is based on an affordable, monthly fixed-fee that encompasses the most commonly requested and needed legal items, as well as some additional benefits to make sure the business and the business owner are positioned to maximize growth based on what level of risk is acceptable for them.  Which monthly plan to pick is up to the client.  No more worrying about getting a bill every time you call; no more trying not to use up all of the retainer you have with your attorney.  And it is this approach that led to me be designated as a Creative Business Lawyer™.   I will explain what that is and what that means to business owners throughout the Grand Rapids and West Michigan area in a future blog post.

Remember, each business owner must make their own decision.  If a relationship-based model is not what you want, then this is likely not for you.  If it is, you owe it to yourself to learn more.

So What If I Form My Company With Legal Zoom?

January 9, 2010

It could be a big “so what” or a little “so what.” Let me explain. I was recently given the privilege of working with a couple of great guys who started a new company to launch a quite remarkable product. The company was already formed as a Michigan Limited Liability Company (LLC). My job is to write a disclaimer/terms of use for the website. Consistent with my practice of bringing added value to my clients, I took it upon myself to look at their state filings to see how they were formed. While doing so, I noticed that their 2010 state filing listed the title of the filer as “Partner.” Hmmm . . . I wondered to myself what lawyer they worked with to form the company (more later on why that matters). Turns out they didn’t work with a lawyer – they formed the company via Legal Zoom (according to the Articles of Organization).

So, why does that matter? Well, as any business lawyer will tell you, one of the main benefits of forming a LLC (or a corporation) is the liability shield it provides (hence “limited liability” company). The idea being that the LLC members are not personally liable for the debts and other liabilities of the company. The liability shield doesn’t come without effort. There are certain things business owners should do to ensure maximum liability protection (a topic for another post). If they don’t, it may be possible for a creditor to “pierce the veil” – that is, bypass the business entity and go after the business owner’s personal assets.

And what does that have to do with listing your business title as “Partner?” Well, a partnership is not a LLC (or corporation) and typically has no liability protection. Generally, all partners are personally liable for the actions of all the other partners. You can quickly see why not many businesses form as partnerships. I sure wouldn’t want to be personally liable for what someone else did! But Mike, my CPA said that I am a partnership – that’s how the IRS will tax my business. Assuming you didn’t elect otherwise, you are correct . . . for tax purposes you are treated as a partnership. If you formed as a LLC, you do NOT want to be treated as a partnership for liability purposes – it would defeat the point of forming the LLC.

Now it may seem trivial or overly protective, but listing your title as Partner could be used as evidence (albeit small) to “pierce the veil” and go after the owner’s personal assets. How does Legal Zoom (and other companies like them) come into this? Well, they say themselves that they are not lawyers – they are a document preparation company. Because they provide documents based on a questionnaire and not counsel, they are able to offer it at a much lower price than you would likely get working with a qualified lawyer. But at what ultimate cost? Losing your personal assets? That’s why I mentioned earlier that I wondered what lawyer they worked with. Every business lawyer I know would counsel the business owner about what liability protection means and how to ensure it protects them. For example, listing yourself as a Member or Manager . . . not a Partner.

Now I’m not faulting the guys who formed the business . . . not at all. Just like me – you don’t know what you don’t know. I surely don’t have the knowledge they do about how to create their product. And I’m looking forward to helping them maximize their growth while minimizing their risk. We all have our roles, and I hope by sharing this information with them (and you) I’ve helped fulfill mine.

Could this be the end of fun for children?

November 3, 2009

As any parent, teacher, school administrator, or child-focused activity center owner knows, field trips and recreational events are a common excursion for children of all ages.  An opportunity to get out of the classroom and experience learning at different venues or events, or to celebrate a birthday or other occasion.  A key legal aspect to these activities is the liability waiver and release.  These releases ask the parent to waive all right to sue if their child is injured – in effect, assuming the risk for their child’s injury.

The Michigan Supreme Court recently heard oral arguments in a case that, if upheld, may threaten the future of such fun-filled activities.  In Woodman v Kera, LLC, a mother rented an indoor play arena for her son’s birthday – he was 5 years old.  On the day of the party, the child’s father signed a release on his son’s behalf.  The boy broke his leg jumping off the top of a bouncy slide.  His mother, in turn, sued the facility owners.  The trial court dismissed the case based on the release.  The Court of Appeals, however, overturned the trial court, relying on the common law (court law) rule that a parent has no authority to release his or her child’s rights.

Will the business owner be held liable despite the release?  Only time will tell, as it may still be a little while before the Michigan Supreme Court releases it’s opinion (which should be available at http://coa.courts.mi.gov/resources/opinions.htm, when available).  As the father of two wonderful young children, you can be sure I will be keeping an idea on this one and will post anything I hear.

5 Things to Know Before Hiring a Personal or Business Lawyer

October 10, 2009

Before hiring a personal or business lawyer to guide you, your family or your business, ask these 5 questions to ensure that you don’t end up paying a whole lot of money for services that are not what you need, expect or want. Hiring an attorney does not have to be a fearful experience. Instead, it can be the most empowered decision you ever make for yourself.

1. How do you bill for your services?

There is no need to be afraid to talk with your lawyer about how he/she bills for the work they will do on your behalf. In fact, when you first call a lawyer’s office, this is one of the very first questions you should ask. No one wants surprises!

If when you call the attorney’s office, they will not give you any information about how they charge for their services or any expectation of what things will cost, beware you could be in for some big surprises about what things cost down the road.

Look for a lawyer who bills all of their services on a flat-fee, project basis and never on an hourly basis, unless required to by the Court for limited purposes. In every event, be sure the lawyer you choose promises to never send you an unexpected bill in the mail for quick phone calls or emails.

2. How are you able to be responsive to my needs on an ongoing basis?

One of the biggest complaints people have about working with a lawyer is that lawyers are notorious for not being responsive. In fact, I’ve heard of situations in which clients have gone weeks without getting a call back from their lawyer.

This generally happens when a lawyer does not have enough administrative support in his or her office. Far too many lawyers believe they can take care of everything in and around their office themselves, from paperwork to client meetings to calendaring to returning phone calls to connecting with their clients other advisors, the list goes on and on.

You can and should ask your lawyer how he or she will respond to your ongoing needs, how quickly calls are returned in the office, if there is someone on hand to answer quick questions and if you should expect to get right through to your lawyer when you call the office.

A great way to test this is to call your prospective lawyer’s office and ask for him or her. If you get put right through or even worse sent to a voicemail, think twice about hiring this lawyer because it means they do not have effective systems in place for managing and responding to calls or answering your quick questions. Instead, what you want is for the person answering the phone or another team member to offer to help you and if he or she cannot then to schedule a call for you to talk with your lawyer at a future date and time when he or she will be ready to focus on your matter.

Your lawyer cannot be effective and efficient if he or she is taking every call that comes through to him or her – all calls should be pre-scheduled when you are both ready and your lawyer can focus on your specific needs.

3. How will you proactively communicate with me on an ongoing basis?

Unfortunately, most lawyers do a horrible job of proactively communicating with their clients on an ongoing basis. The general thinking in the legal industry is that legal work is transactional in nature and clients will call when something changes. But, this is faulty thinking and in my opinion just pure laziness on the part of lawyers.

You want to look for a lawyer who will proactively communicate with you at least quarterly by mail via an informative, easy to read newsletter and monthly by email. I prefer to hear from the professionals I work with monthly by mail and weekly by email, but progress can only happen so fast.

If you are considering hiring a lawyer who does not proactively communicate with his or her clients, think again. This lawyer might be stuck in an old, outdated mindset that won’t serve your needs in the best possible way.

4. Can I call about any legal problem I have or just about matters within your specialty?

In today’s complex world, lawyers must have specialized training in one or more specific practice areas, such as divorce, bankruptcy, wills & trusts, estates, personal injury, business, criminal matters or employment. You definitely do NOT want to be working with a lawyer who professes to be an expert in whatever walks through the door. However, you do want your personal lawyer and/or business lawyer to have a broad enough expertise that you can consult with your lawyer on all sorts of legal or financial issues that come up in your life and he or she will be able to guide you right.

Trust me, you probably don’t want the lawyer who designed your estate plan to also handle your personal injury claim, your dispute with your landlord and advise you on your divorce, but you do want him or her to be there to hear your story, find you the exact right lawyer and be available as a consultant to you. That way, you can call you personal lawyer before signing legal documents (even loan documents), any time you have a legal or financial issue, or whenever anything that could affect your family or business adversely comes up and know you’ll get great guidance.

Look for a lawyer who has an ongoing service program or membership program in place so that you can pay a low monthly fee and be able to call with all of your legal and financial questions without being charged hourly for the consultation. And be sure that when you call, you’ll get to schedule time to talk with your own personal lawyer who you know and trust and not get passed off to one of any number of lawyers who happen to work in the office and may not know who you are or what’s important to you.

5. What happens if you die or retire?

This is a critically important question to ask any service professional when beginning a relationship and a question that is far too often overlooked. Sure, it may feel uncomfortable to ask, but a truly excellent, client-centered service provider will have in place a plan to ensure their clients are taken care of no matter what happens to the lawyer in the future.

Answers you want to look for here are that your lawyer has a clear plan in place for someone warm and caring to take over your matter without providing any interruption of service to you. If your lawyer prepared a Will, Trust and other estate planning documents for you, or you are in the middle of a divorce or lawsuit, you want to ensure your lawyer has a plan in place so you won’t need to start everything over from scratch. And, if you are on a membership program with your lawyer, you’ll want to make sure he or she has a relationship with a lawyer or network of lawyers who can continue to service you under that program.

When you ask these 5 questions before hiring a lawyer for any type of legal matter, you will know you are engaging a trusted advisor who will help you to make the very best decisions for you, your family and your business.

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The Lichterman Law Difference

What does this mean for you, your family, and your business? It means a break from the traditional, dry, transactional estate planning or business planning experience. It means regular communication designed to ensure your estate plan works when you need it most. And that your business has the foundation it needs to grow successfully. And finally, it means your own Personal Family Advisor - someone ensuring that you make the best legal decisions for your family and your business. Your lawyer for life!

Meeting Your Needs In The Following Areas:

Estate Planning
Whole Family Wealth™ Planning
Estate & Trust Administration
Asset Protection Planning
Elder Law
Cottage Trusts and LLCs
Pet Trusts
Gun Trusts
Inheritance Protection
Retirement Protection
Legacy Planning
Planning for the "Sandwich" Generation
Business Formation & Counsel