The American Bar Association's Commission on Domestic & Sexual Violence and the National Domestic Violence Hotline

According to the American Bar Association's Commission on Domestic & Sexual Violence, 23.6% of women and 11.5% of men reported at least one lifetime episode of intimate-partner violence. Research has shown that one of the key components in reducing domestic violence is ensuring that victims have access to civil legal services. The ABA provides training for lawyers providing pro bono legal services to victims of domestic violence, provides resources to legal aid clinics, and lobbies Congress and state legislatures for anti-domestic violence laws, like the Violence Against Women Act (VAWA). If you need help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

PIP Liens, Subrogation, and Claims for Reimbursement

People who've been injured in auto collisions are often surprised to learn that in certain situations, their PIP insurance carrier, the government, and medical providers can assert a claim against their personal injury settlement. When you have been the victim of a collision and have filed a personal injury claim to recover the cost of medical bills, the people who paid for these medical costs may be able to file a lien against your settlement proceeds. A lien is a demand for repayment that may be placed against your personal injury case.

Your health insurance provider may also issue a lien to recover any money it spends on your personal injury accident treatment. You may be required to pay back these medical expenses. This is a process known as "subrogation," whereby insurance providers can seek repayment from your settlement. The extent and strength of the subrogation claim depends upon the language used in the insurance policy.

In certain states, medical providers are entitled to file a lien for repayment of any monies spent on treating or caring for someone injured in an accident. Some medical providers may ask you to sign a lien letter, stating that you submit to a lien against your settlement to pay for services. Medical provider liens must follow a strict procedure in order to be valid.

If you are injured in a work-related incident, a worker's compensation or L&I lien may be issued if your medical bills or lost wages have been paid through your state's workers' comp fund. Worker's comp laws vary significantly between states; therefore it's important to check if the carrier can assert a workers comp lien on your personal injury settlement.

The general rule is that if the government paid for any portion of your medical care, they have a right to get paid back if you later recover money for your injuries from another party. Depending on the specific type of government program, some government agencies, (Medicare and Medicaid Liens, Veteran's Administration) have different rights when it comes to placing a lien against your settlement. Some have the right to recover a portion of the proceeds from your personal injury lawsuit.

It's entirely possible to get the lien holder to accept less than the amount they paid. Your lawyer may be able to negotiate the claim down. Under the "common fund doctrine," lawyers who create a "common fund" for the benefit of a third-party are entitled for reimbursement from the fund in the form of attorney's fees. Worker's compensation carriers are aware that a lien may be so large that is creates a disincentive to litigate. If the lien exceeds the total amount a plaintiff is likely to receive from a lawsuit, the plaintiff may choose not to sue. The plaintiff's lawyer can negotiate with the carrier in order to resolve the lien for substantially less that the face value of their claim.

If an entity requests reimbursement, it's important to ascertain what language in the insurance policy or statute or rule gives them the right to demand this. Lien law is extremely complicated and an experienced lawyer may find ways to reduce or even eliminate the lien. If you've been injured in an auto collision or other incident, give us a call at 253.858.5434 to set up an appointment for a free initial consultation.

Representing Restaurants and Bars

We represent several restaurants and bars and their owners. If you're thinking about buying a restaurant or bar, you must ensure that you are properly protecting yourself. There are many factors to consider in such a transaction, such as:

Liquor license transfer – Are you going to apply to transfer over the existing owner’s license or are you applying for a new license?

Lease assignment – How many years are left on the lease? Can you get an extension of the lease and can you change any of the terms in the lease that you are taking over? Will the landlord be asking for a personal guaranty, and will the previous owner's personal guaranty remain on the lease?

Taxes – Has the seller of the business paid all of his sales taxes? Are there any other liabilities that exist for which you could be responsible?

Title to the equipment – Are there any liens on the equipment that you are purchasing? We'll advise and assist you in conducting a full title and lien search before closing.

Indemnification of past liabilities – We'll advise and assist you in conducting a comprehensive due diligence investigation to ensure that you don’t get stuck with any past liabilities of the seller.

Buying or selling a business is an important event in any businessperson’s life. There is a lot of money involved, often your life savings, and there are many moving parts to the process so it is critical that you have a lawyer that understands the bar and restaurant industry representing you and protecting your rights as you move on to your new venture. Give us a call at 253.858.5434 if we can be of service.

Cohabitation agreements are legal documents that protect the rights of unmarried couples while protecting individual assets and financial interests.

Couples can have any reason for living together. In some cases, couples live together as a starting point for getting married later. In other cases, though, couples simply aren’t interested in the legal commitment of marriage. When couples choose cohabitation in lieu of marriage, they give up a number of rights and protections that married couples enjoy under state and U.S. law. You may feel that your partner is part of the family, but the law doesn't necessarily agree. Fortu...nately, a written cohabitation agreement can give unmarried couples some of the same rights that married couples have.

Marriage is a legal contract that formally commits a couple to state laws that govern what happens if a spouse dies or if the couple divorces. Unmarried couples have fewer rights than married couples, as they do not automatically agree to a legal contractual relationship under state law. A couple may enter into joint obligations, however, like a lease or mortgage. The lack of a binding contract also makes it easier for unmarried couples to break up, and significant conflict can result if a couple has purchased property together or owns joint assets.

Cohabitation agreements are legal documents that protect the rights of unmarried couples while protecting individual assets and financial interests. In many ways, cohabitation agreements are similar to prenuptial agreements, because they spell out each person’s responsibilities in the relationship. Both Washington and Idaho law view cohabitation agreements in the same way they view business contracts: If it’s in writing, it’s enforceable.

If you’re living with a partner or considering moving in together, it’s important to have a sound cohabitation agreement in place. A written agreement is critical if a rift develops in the relationship or if one partner dies, leaving the other partner with no protection under the law. A cohabitation agreement also protects you if you are providing financial support to your partner. And if you’re a dependent partner who has agreed to give up your career to take care of a home or children, it’s vital to have an agreement regarding compensation and support spelled out in writing.

In a long-term, committed relationship in which you’re living with a partner, a cohabitation agreement protects your legal interests regarding money and property. To ensure that you are fully protected, contact us at 253.858.5434 to set up an appointment to see how we can help.

Estate Planning for People with Out-of-State Real Estate

Whether you own a vacation place, a timeshare, investment property, or a piece of land to build on eventually, many people own real estate outside of the state in which they live. If you plan to leave that property to your children, grandchildren, or other beneficiaries and you simply put it in your Will, the recipients may encounter problems. Not only will your Will have to go through the probate process where you live, but a secondary (or "ancillary") probate will have to b...e opened in each state in which you owned property as well. Probate is a legal process for changing title to the proper heirs of an individual who dies, either with or without a Will. Because state laws vary, unless you have a Will, your principal residence in your home state may be divided one way, while the vacation home, timeshare, or other piece of land may wind up divided differently.

If, for example, you were a Washington resident who also owned investment property in Arizona, your heirs will have to hire an attorney to handle the probate both in Washington and in Arizona because a Washington court obviously doesn't have jurisdiction over Arizona real estate.

Each state also has different rules regarding probate, so you need to talk to a lawyer in the state where your property is located to find out what your heirs will be faced with should you leave them your out-of-state property. Keep in mind, the real estate is distributed based upon the laws of the state in which the property is located.

The three common ways to avoid the hassle, delays, and costs of probate and the additional “ancillary” probate are either to title your property jointly with your spouse or another individual, to use a Transfer on Death Deed (or "TODD") in those states that recognize them, or to place the property into a revocable living trust.

Any of those techniques will keep your out-of-state property from the probate process out of state, saving your heirs time, aggravation, and money, as well as the costs, delays, and hassles of probate and ancillary probate. If you title your property jointly or you use a TODD, the property automatically goes to the survivor or the grantee of the TODD. If you choose to set up a living trust, title to your property is transferred to the beneficiaries named in that trust.

With the help of an experienced estate planning lawyer and some careful planning, you can avoid unnecessary complication for your estate and your heirs. If you have questions about avoiding an ancillary probate for your out-of-state real estate, give us a call at 253.858.5434 to see how we can help.

Representing People with Neck and Back Injuries

Neck and back injuries are the most common types of injuries that happen in auto collisions. For example, in a rear-end collision, the victim’s head is often jerked back and forth rapidly. This sometimes forces the muscles in the neck and back to over stretch and cause severe swelling and pain. Although most strain and sprain injuries can be resolved with physical therapy or chiropractic treatment, a small percentage of these injuries produce chronic neck and/or back pain.

A serious neck or back injury can also involve the disks in your spinal column. The disks in your spine are plate-like structures found between the vertebrae in your back and neck. If one or more of these disks are herniated or ruptured, it can put extreme pressure on the spinal nerve roots and cause significant pain.

Typically, an MRI, CT scan, or other advanced imaging technology is performed to identify any potential disk damage (bulging, herniated or ruptured) or an x-ray to disclose possible fractures. However, connective tissue injuries (sometimes called "soft tissue injuries") to the neck and back often are not disclosed by any form of imaging. As a result, recovering reasonable damages for connective tissue injuries is usually more difficult because of the absence of indisputable test results.
Neck and back injuries are often debilitating, and could require expensive surgery, follow-up medical care and physical therapy.

Do not accept any offer from an insurance company before you speak with a lawyer. Many large insurance companies have adopted settlement policies that encourage their adjusters to offer quick payments to persons involved in a collision. Insurance adjusters will contact you or your family shortly after a wreck to try to gain your confidence. In doing so, insurance adjusters often try to present themselves as the friend of the injured person or the family of the person who was killed in an collision. The goal of such contact is to settle the case on terms as favorable as possible for the insurance company.

Please remember that it is crucial to act swiftly after you’ve been injured. The sooner you involve a lawyer, the better we will be able to preserve evidence, gather essential witnesses, and address any other important factors.

If you've been injured in an auto collision, you deserve reimbursement for your medical expenses, payment for past and future income loss, full compensation for pain and suffering, and peace of mind in knowing your financial interests are being protected. Give us a call at 253.858.5434 to make an appointment for a free initial consultation.

Helping Boards of Directors Prepare Corporate Resolutions

We serve as general counsel to numerous small businesses and nonprofit organizations. We are often asked to attend their Board of Directors' meeting and help prepare their corporate resolutions and other documents. A board of directors can decide to write up a resolution for most any reason they choose. Resolutions are often written for the following reasons:

* To document that a new member of the board was voted in
* To record a major decision made or policy adopted at a board meeting
* To document a decision made by the shareholders of a corporation
* When a small business wants to hire new employees
* When a company wishes to sell shares in the corporation
* When a nonprofit organization wants to delegate funds to a certain project
* When an organization wants to enter into a relationship with a bank, the bank will often require a banking resolution for its file to show who's authorized to sign for bank accounts

If your small business or nonprofit organization needs help with preparing its corporate resolutions, give us a call at 253.858.5434 to see how we can help.

Preparing and Reviewing Contracts for Small Businesses

Starting and running a small business often involves a staggering number of contracts and processes, whether it's a simple invoice for an order (which technically is a contract), a partnership or shareholders' agreement, an employment compensation agreement, or a customer service contract. It's important to get acquainted with the various types of contracts and forms your business may encounter. Remember, contracts are legally enforceable and usually benefit from the skilled eye of a trained legal professional.

We serve as counsel for numerous small businesses and nonprofit organizations. If we can be of service to you and your business, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Appointing a Guardian for Your Children is a Big Part of Your Estate Plan

Parents usually intend to create a Will and name a guardian in it for their minor children. Unfortunately, we all know someone who has died suddenly and unexpectedly, long before their time. When that happens, and the person who died leaves behind a minor child who does not have a surviving parent, a guardian must be appointed. Even if a guardian is named in a Will, the court must approve that selection.

If the deceased parents of the child did name a guardian in their Will, that person will be given priority to serve as guardian, but is not guaranteed to be appointed. If the minor child is 14 or older, his or her wishes as to who should be their guardian will carry a lot of weight with the judge.

Several documents must be filed with the court in the county in which the child resides in order to begin the process of appointment of a guardian. These include a petition for the appointment of a guardian, a complete listing of the minor child's next of kin with addresses, and a Notice of Hearing to set a date and time for the hearing on the petition. Any interested person can initiate the proceedings.

After the necessary forms are filed, the hearing date is set. The minor's next of kin must be properly served with notice of the hearing. If no one is contesting the appointment of the proposed guardian, Letters of Guardianship will be granted at the close of the hearing. If the appointment is contested, the judge may issue a decision at the hearing or may issue a written opinion later after having heard evidence from the parties.

If you need to pursue or contest a guardianship of a minor whose parents are deceased, give us a call right away. To minimize the risk of a contested guardianship action for your own children, make sure to appoint a willing and able guardian for them in your Will or in your Power of Attorney for Children's Health Care.

Estate Planning for Young Families

A lot of young parents put off estate planning. If asked, they often say they are too young and healthy or it's too expensive. Some have trouble just thinking about what could happen if they should die while their kids are depending on them. But even a healthy, young adult can be taken suddenly by an accident or illness, and those with young families need estate planning precisely because others are depending on them. Of course, you are not expecting to die while your family is young, but planning for the possibility is being a good, responsible parent, and it shows your family how much you care.

A good estate plan for a young family will include naming someone to administer the estate (a Trustee or Personal Representative), naming a guardian to care for minor children, providing instructions for the distribution of your assets, and naming someone to manage the inheritance for the children until they become adults. It will also include reviewing your insurance needs and planning for disability.

Estate planning will require you to think about family relationships and some decisions may be difficult. But we can help you through the process, provide valuable guidance, and make sure your plan will do what you want when it is needed. If finances are tight, as they usually are for young families, start with the most essential legal documents and term life insurance, then update and upgrade your plan as your financial situation improves. The most important thing is to not put this off. Once your plan is in place, you will have peace of mind that your family will be protected if something should happen to you.

We have been providing estate planning legal services to families for over 20 and are licensed to practice law in Washington and Idaho. If we can be of service to you, your family, friends, neighbors, or co-workers, give us call at 253.858.5434 to make an appointment. We are available to meet in person, by phone, or via Skype or FaceTime.

The Importance of Medical Records in a Personal Injury Case

Failure to act with reasonable care is considered negligence. When you are injured because of someone's negligence, such as in an auto or motorcycle collision, you may file a personal injury claim asking the negligent party to repay you for the damages you suffer. Damages may include medical expenses, lost wages, and compensation for pain and suffering. Deciding on the amount of your damages can be difficult, especially if you'll need treatment in the future. Medical records and examinations can help with that process by revealing the extent of the injury, as well as any ongoing conditions or problems resulting from the injury.

The main source of information regarding your injuries and damages is your medical records. Records from the hospital, doctor's office, physical therapist, chiropractor, and other providers can show what injuries you suffered, how much pain you experienced, what treatment was given, and how the injury affected and will continue to affect your life. Be sure to seek medical help immediately after any injury. Earlier medical records can show your condition before the injury, including previous injuries that might have affected the same part of your body.

Personal injury law is complicated and every case is unique. If you, a family member, friend, neighbor, or co-worker has been in an auto collision and need legal advice, give us a call at 253.858.5434 for a free initial consultation.

Categories of Legal Needs Small Businesses Face in the Early Stages of Starting Up

When you're starting a new business, there are a lot of things to consider when hiring your business's lawyer and most of them depend upon what exactly you're hiring them to do. There are four broad categories of legal need that startups will typically encounter in the early stages:
1) Corporate Formation
2) Financing
3) Website/Customer Agreements
4) Day-to-Day Legal

It's not easy to find and hire the right lawyer for you and your company, and it’s the challenge every company faces. For your company’s general counsel, having a fit on cost, rapport, responsiveness, and approach is by far the most important thing to look for.

For the past 20 years, we have served as general counsel to nearly 100 small businesses, nonprofit organizations, and churches. If you're starting up a new business and need legal assistance, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Why is Probate Necessary?

The main purpose for probate is transferring title of a decedent's property to their heirs and beneficiaries. If there is no property to transfer, there is usually no need for probate. Another function of probate is to provide for the collection of any taxes due by reason of the deceased’s death or on the transfer of their property. The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to f...ile claims, and for the distribution of the remainder of the estate’s property to ones’ rightful heirs.

Generally, probate, or in the case of smaller estates, a less formal procedure, is necessary before a decedent’s property can be legally distributed. Even if a person dies with a Will, a court generally has to have an opportunity to allow others to object to the Will, and if there any objections, to determine if the Will is valid. For example, there is always the possibility that:
* there was a later Will (which, if valid, would replace the older Will), or
* the Will was made at a time the deceased was not mentally competent to make a Will, or
* the Will was the result of fraud, mistake or “undue influence” or
the Will was not properly executed, or
* the so-called Will is actually a forgery, or
* for some other reason (such as a pre-existing contract) the Will is not fully valid, or
* there are other claims against the deceased’s estate that impact what the beneficiaries under the Will would receive.

The Personal Representative (formerly referred to as the “executor” if there is a Will, or the “administrator” if there is no Will) is appointed as part of the probate proceeding and has the responsibility for managing the estate through the proceeding, subject to established rules and procedures. A PR's main responsibilities are as follows:
* determine if there are any probate assets;
* identify, gather, and inventory the assets of the deceased;
* receive payments due the estate, including interest, dividends, and other income (e.g., unpaid salary, vacation pay, and other company benefits);
* set up a checking account for the estate;
* figure out who is going to get what and how much under the Will (if there is no Will, the state’s “interstate succession laws” apply);
* value or appraise the estate’s assets;
* give legal notice to potential creditors;
* investigate the validity of all claims against the estate;
* pay funeral bills, outstanding debts, and valid claims;
* pay the expenses of administrating the estate;
* handle various paperwork, such as discontinuing utilities and charge cards, and notifying Social Security and the VA of the death;
* file and pay income and estate taxes (if necessary);
* distribute the remaining property in accordance with the instructions provided in the deceased’s Will; and
* close probate.

If you have questions about probate in Washington or Idaho, give us a call at 253.858.5434 to see how we can be of service.

Wills Signed in Hospitals and "Deathbed" Wills

In Washington and Idaho, Wills are valid even if they're signed and witnessed in a hospital or even on a deathbed. However, although a Will is not invalid merely because it was signed in a hospital, it is not a good idea to sign your Will in a hospital or to wait until you’re on your deathbed.

Why? First, we can’t predict when we’ll be hospitalized or under what circumstances. You may go to the hospital unconscious and be physically unable to sign a Will. So, it is not wise to put off getting your Will made. Second, just because a Will signed in a hospital is valid, the Will may face additional scrutiny when it is filed with the probate court after the Will-signer’s death. That is, family members may be more likely to challenge the Will, fearing for example:
* that the Will was signed under duress;
* that the Will-signer was too sick to understand the document being signed;
* that the Will-signer was under the influence of medication; or
* that the Will-signer was mentally incapacitated.

These are all valid arguments. For a Will to be valid in both Washington and Idaho, the Will-signer must understand what they're signing, the nature and extent of their property, their nearest family members, and so forth. So, while it doesn’t directly matter that the Will was signed and witnessed in a hospital, indirectly it matters a great deal.

There was a recent case in Texas involving a Will signed on the signer’s deathbed in a hospital. Again, the Will was not directly invalid because it was signed in a hospital. However, in this case, indirectly it mattered a great deal. The jury in this case determined that the Will-signer did not have the correct state of mind legally to sign a valid Texas Will. The jury considered, for instance, that the Will he signed stated that he was not married, when he actually was married. The jury reasoned, how could the Will-signer have the right state of mind for signing a Will if he didn’t even know he was married?

What can you do to make sure that your Will doesn't get challenged? Don’t wait to sign a Will until you’re in the hospital. It is more likely that someone will challenge the Will if it is signed in a hospital. And, if the Will gets contested, it’s more likely that people will question whether or not you had the legally required state of mind to sign the Will.

We have assisted clients with our fair share of Wills signed in hospitals, after we've considered whether the client has the required mental ability to sign the Will. If the client has the legally required “testamentary capacity,” then we will agree to conduct the Will signing in a hospital. If this is done, we make sure to document from the witnesses that the client understand the contents of the Will, that the client understood the effect of signing the Will, and that the client otherwise possessed testamentary capacity.

If you have questions about preparing and signing Wills in Washington or Idaho, give us a call at 253.858.5434 to see how we can help.

Hiring a Lawyer to Help with Your Personal Injury Case

If you've been involved in an auto collision, you may need to hire a lawyer. A lawyer can help you recover losses resulting from the collision and/or reduce the hefty amount of paperwork, "red tape," and hassle often associated with insurance claims.

Unfortunately, auto collisions are everyday occurrences. Most personal injury claims in the U.S. are a result of a crash involving a car, truck, or other motor vehicle. Many of these collisions result in vehicle damage in the form of a "fender bender." However, collisions that involve physical injury, death, or other significant damage may warrant the representation of an experienced attorney. An experienced lawyer can help you get compensation to cover any losses incurred due to the collision, such as medical expenses, lost wages, and car repairs.

It's best to hire a lawyer early to avoid any costly mistakes. The deadline for filing personal injury claims varies from state to state (e.g., 3 years in Washington, 2 years in Idaho). Because you may need to pay for medical bills and/or cover lost wages, the sooner you contact a lawyer the better.

Before speaking with a lawyer, you should have as much detailed information and facts about the collision and your injuries as possible. Documents you might want to show your lawyer after a collision may include your insurance policy, information exchanged at the accident scene, photos of the vehicles and/or injuries, and medical records, among other things.

Most personal injury cases are handled on a contingency or "no recovery-no fee" basis. This means that if the lawyer does not win or settle the case, he or she does not collect a fee. On the other hand, if the lawyer wins or settles the case, the lawyer will get a percentage of whatever is recovered. The attorney's percentage varies from case to case, but can equal approximately 33%-40% of the total recovery. It's important to note that attorney fees are different from costs, and you may be responsible for certain out-of-pocket expenses associated with your case.

If you're interested in talking with us about your claim, you can meet with us free of charge. Give us a call at 253.858.5434 to set up an appointment right away.