If you've been injured in an auto collision that was someone else's fault, it's important that you seek legal advice sooner rather than later.

If you've been injured in an auto collision that was someone else's fault, it's important that you seek legal advice sooner rather than later. The at-fault driver's insurance will immediately start its investigation of the crash and your injuries and will begin preparing to find reasons to give you as little money as possible.

As personal injury lawyers, our job is to see that justice is done and you're compensated for your losses, including medical bills, lost wages, and property damage, as well as pain and suffering, emotional distress, and loss of enjoyment of life. We will investigate your collision and your injuries, will deal with the insurance company on your behalf, and attempt to negotiate a fair and equitable settlement. If we can't reach a settlement with the insurance company, we will file a lawsuit and take your case to trial in front of a judge and jury.

Give us a call if you have questions about your auto collision case. Call 253.858.5434 to set up an appointment for a free initial consultation.

How do lawyers help small business owners?

If you're a small business owner, your lawyer is here to protect you by predicting future problems, and either steering you away from these situations or putting the necessary documents in place to protect you going forward.

PARTNERSHIP AGREEMENTS. Most partners forget that a simple handshake doesn’t cut it. At some point, you want to transfer everything that was scribbled down on that napkin into a more formal agreement. It could be called a Partnership Agreement or Operating Agreement (where you organize as a LLC). Whatever you want to call it or however you decide to organize, just know that having an agreement that reflects everyone’s rights and obligations is a must. Of course, you also want to plan ahead for when a partner leaves. Typically, your lawyer will include a break up provision in the Operating Agreement detailing the necessary asset or ownership split.

KEEPING TRACK OF ORGANIZATION DOCUMENTS AND PAYING ANNUAL FEES. This is probably the one thing you will profusely thank your lawyer for because keeping track of documents and annual fees is definitely a pain. Your lawyer can also act as your organization’s registered agent, and in the event that anything comes up (e.g., legal complaints or summons) that needs attention, you know that by having your lawyer as your registered agent, he or she will address the situation immediately. And in the event that you are still figuring out how your business is going to operate, your lawyer will advise you on which form of legal organization is best for your business based on your size, location, ownership, liability, tax, and financial concerns.

DRAFTING CONTRACTS. contracts are important! But it’s a good thing you thought about hiring a lawyer, because they are there to help you with any contract that might come up. Initially, this will include basic employment or freelancer contracts, as well as intellectual property agreements.

LITIGATION. This is probably the only time you will really want your lawyer to be a jerk. It’s because they know how to handle (read: get rid of) disgruntled customers, vendors, etc. Whether you are at fault or not, you probably want to avoid litigation at all costs and your lawyer will help with that. They will also advise you on whether settling is a good idea or not, and perhaps even be able to convince the other party to drop the lawsuit.

PROTECTING TRADE SECRETS OR CONFIDENTIAL INFORMATION. Sometimes trade secrets or confidential information gets out and you may no longer have a business. That’s when a lawyer steps in and uses legal tools (aka the nasty letter) or an injunction to stop any further misuse. More importantly, in order to avoid confidential information getting out in the first place, your lawyer will draft a confidentiality agreement that will specifically prohibit misuse of confidential information.

ON-SITE. Lawyers can help you during conferences or other marketing events that require media release waivers, liability waivers, contests, etc. Remember the pages of waivers you signed before attending that last conference? Yeah, a fancy pants lawyer wrote those!

You may not have the budget to keep a lawyer on retainer to consult every time you need to make a decision, but small business owners often forget to consider the legal implications of their decisions. We're here to help. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime. Give us a call at 253.858.5434 to set up an appointment today.

What's wrong with free or cheap Do-It-Yourself online legal forms?

Yeah, you can get free or cheap legal forms online. But should you? We've litigated cases where people have used Do It Yourself legal documents to draft a trust agreement, a commercial lease, and a business purchase & sale agreement, none of which turned out like the parties had hoped, mainly because the online forms were outdated, insufficiently executed, or failed to include material terms, wound up costing thousands of dollars more (or in one case, tens of thousands more) to fix the problems the DIY documents caused than if they had been done right in the first place.

What it comes down to is that every person is unique and every situation is different; there's no one-size-fits-all legal document. Sure, lawyers start out using a form as a template, but again, every client and circumstance is unique and therefore requires a unique legal solution.

If you need help drafting legal documents that fit your specific situation and are more likely to be enforceable in court, give us a call at 253.858.5434 to set up an appointment. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Clear & Effective Legal Writing - You should be able to understand what your lawyer is saying and what you are signing!

Look, we recognize that as a profession, when we write, lawyers have a bad reputation for being overly technical, verbose, and confusing. Here at the Law Offices of P. Stephen Aita, we don't believe that's the right approach to legal writing. Writing in plain English and legal writing have the same goal: communicating complex ideas in an understandable and manageable form. As Justice Thomas once said, the “beauty is not to write a five cent idea in a ten dollar sentence” but rather “to put a ten dollar idea in a five cent sentence.”

We do our best to write contracts, letters, Wills, and pleadings with minimal legalese. We believe in the revolutionary idea that our clients should actually understand what we're saying and what they're signing. We actually had the brother of a friend call this week just so we could interpret and explain for him the things his lawyer in California was writing to him!

If you want to hire a lawyer whose priority is making sure you understand what's going on with your own legal matter, give us a call at 253.858.5434 to see how we can help. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Office Closed for Thanksgiving

Needless to say, our office will be closed November 23-26 to celebrate Thanksgiving. We'll be back at it on Monday the 27th. Everyone have a great holiday weekend!

What do we do when we represent the Personal Representative of an Estate?

If you've been named Executor in someone's Will, it's a good idea to hire a lawyer to represent you and the estate. Initially, the lawyer files the Will and the probate petition with the Court to appoint someone as the Executor (now called the "Personal Representative" or "PR"). The lawyer's job is also to handle all other required proceedings in court. For example, the lawyer may file or defend a Will contest to decide who becomes PR. The lawyer deals with creditors’ claims and also gives notice to creditors, and heirs, beneficiaries, and other people who are entitled to receive notice of the probate.

After all the various administrative tasks have been completed, the lawyer prepares and files either a Declaration of Completion or a Petition for Final Distribution. Both of these documents report to the Court what the PR has done during their term of administration. The final probate pleadings account to the heirs for the assets and money that have come into the personal representative’s hands.

The lawyer may further deal with the lawyer handling an ancillary probate if any property is owned in another state. Non-probate issues can also arise which require legal attention, like getting, receiving, or obtaining payment of life insurance and dealing with things like payment of annuities.

One of the purposes of lawyer is to advise the PR regarding his or her legal duties and make sure those duties are carried out. A PR is a fiduciary to the heirs and beneficiaries of the estate. This means that the PR has a duty of care to those people and is required to set aside his or her personal interests in favor of the beneficiaries.

One primary task that must be done is preparing and filing a full and final account of what the PR has done during their term as PR. This includes information about bank accounts and deposits, amounts received, bills paid, dispositions of stocks and bonds including gains and losses on sales, sales of securities and receipts of dividends or losses on the sales. Accountings can become quite complicated. If nothing else, most PRs eventually use a lawyer to perform the accounting function at least.

Often, in more complicated estates, an accounting firm that is familiar with court accounting requirements is hired to do the actual accounting. The lawyer receives and reviews the accounting and drafts a petition for final distribution and accounting. This way, the heirs are informed regarding what went on in the estate, and how much each is entitled to.

Probating an estate can be difficult and complicated. If a friend or loved one has passed away and named you as their Executor, we can help make the probate administration process as painless for you as possible. Give us a call at 253.858.5434 to set up an appointment to see how we can help.

Collaborating with an Estate Planning Lawyer in the United Kingdom

We recently got to collaborate on an estate plan with a lawyer in the UK. Our client is an immigrant and now a U.S. citizen, but still owns her family's house in Scotland. It was interesting to see how the laws of Wills and inheritance in the U.S. and the UK are so closely related yet different - where Washington law has clearly descended from English and Spanish law yet has evolved with the times, the law in Scotland is much the same as it was 300 years ago.

And this is also a good opportunity for us to remind you that people who own real estate in more than one country - or even more than one state - have special estate planning needs. We can help with that. Give us a call at 253.858.5434 to make an appointment.

Representing People Who've Been Injured in Auto Collisions

We have a long history of representing people who have been injured in auto collisions. We believe that people who have been hurt in auto collisions have a right to compensation for their injuries. If you or a friend, family member, neighbor, or co-worker has been injured in a car crash because of someone else's negligence, give us a call at 253.858.5434 to make an appointment for a free initial consultation.

Looking to buy or open a new bar or restaurant? We can help with your legal needs.

We handle all of the legal needs for clients in the hospitality industry. We understand the nuances of starting a restaurant or bar. We start with business plan review and drafting subscription agreements to help you raise money, we then move on to forming a company and drafting partnership agreements to seal the deal, and then we review and negotiate a solid lease so you can get your place up and running. We will also make sure that all of your licensing is in order prior to opening for business. Additionally, you must make sure that your licenses, once obtained, are up to date, remain in good standing, and have been amended if necessary. We can assist you in obtaining a liquor license, health department permit, and any other permits or licenses issued by the Washington State Liquor & Cannabis Board, Department of Revenue, your county Health Department, or other county or city licensing agencies. We will make sure that you are protected and we will give you the best chance to open and run a successful bar or restaurant.

Once your company has been formed, perhaps the most crucial document in your company must be drafted. For corporations, this is the “shareholder agreement” and for LLCs it's the “operating agreement.” These documents are the agreement between you and your partners and will govern your rights and responsibilities as you move forward with your business. No matter who you go into business with, whether it’s your best friend, spouse, or coworker, it is absolutely imperative that you take the time to have a lawyer draw up this agreement. We will ensure that the agreement will address specific issues relevant to the bar and restaurant industry so that in the event that an issue arises, you can turn to the agreement for direct answers.

And then during the course of your business, you will be required to sign a variety of contracts and may wish to draw up your own. We have experience reviewing, negotiating, and drafting all types of contracts including chef and general manager employment agreements, vendor contracts, and anything else that you may want to memorialize in a contract.

If you're a bar or restaurant owner, or are looking to open a new place or buy an existing one, give us a call at 253.858.5434 to see how we can help you.

What is probate?

Probate is essentially the legal method in which someone, often called the “Executor” or "Personal Representative," is appointed to deal with the courts, taxing authorities, property and stock brokers, banks and other creditors, appraisers, and lawyers. The Personal Representative’s job is to dispose of the estate in a manner that best fulfills the testator’s intent: paying the testator’s taxes and lawful debts, making certain that bequests are paid, disposing of real or personal property, establishing trust funds for specific purposes, and preserving the estate’s value to the greatest possible degree.

The Personal Representative is tasked with probating a Will in accordance with the testator's wishes and design, notifying all applicable parties of the estate distribution, determining the assets of the estate, and distributing the estate in accordance with the wishes of the testator and all applicable law. If no Will is available, then the Personal Representative is tasked with handling the affairs of the estate in accordance with state laws of intestacy.

We are available to assist you in the event that you need assistance through the difficult tasks inherent in the probate administration process. Give us a call at 253.858.5434 to see how we can help.

Discount on Estate Planning Legal Services During November

November is a pretty big deal around here. This November marks 21 years of practicing law and 5 years since moving our office to Gig Harbor! To commemorate, if you retain us for estate planning services during the month of November, we'll knock 50% off your legal fees. Give us a call at 253.858.5434 to set up an appointment.

Estate Planning File Reviews at the End of October and April Every Year

Well it took all day, but guess what we spent the day doing yesterday? At the end of October and April every year, we review our estate planning files and send review letters to clients. We review these files so that we can alert clients as to changes in state or federal laws which could affect them and indicate a need to update their estate plans. We recommend that clients regularly examine their estate plans and suggest such review be made at least once every 3-4 years, and more often if there have been major changes in family size, relationships, or assets.

If you would like a copy of our checklist of things that might warrant a change in your estate plan or if you think your estate plan should be reviewed or changed in any way, call us at 253.858.5434 for an appointment so that we can meet to discuss your needs and help revise your estate plan to fit your current needs.

Estate Planning for the Specific Needs of Licensed Professionals

Licensed professionals can have specific needs regarding their estate plans. For our clients who are lawyers, doctors, dentists, accountants, architects, engineers, financial planners, etc., we often include provisions in their Will or Trust for the appointment of a "Special Administrator" or "Professional Advisor" with knowledge of the client's profession who can help protect the interests of their clients and to wind down or close their practice, including selling of the practice, collecting accounts receivable, paying expenses relating to the practice, reconciling trust accounts, refunding any unused trust account balances owing to the professional's clients, employing another professional to review their client's files, complete unfinished work, notifying their clients of the professional's death and assisting them in finding other lawyers, dentists, accountants, etc., and providing their malpractice carrier and any professional regulatory body with the name of the person who will be responsible for the long-term storage of and access to the professional's closed files. These provisions often work hand-in-hand with the client's business succession planning for their practices.

If you (or a friend, family member, or neighbor) are a lawyer, doctor, dentist, accountant, architect, engineer, financial planner, or other licensed professional and you have questions about we can meet your practice's and your specific circumstances' estate planning or business succession planning needs, give us a call at 253.858.5434 to set up an appointment today. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Every Family's Circumstance is Unique and Therefore Requires a Unique Estate Plan

Every family's circumstance is unique. Some families' situations call for a little more complex estate plans. Second marriages, especially where there are children from previous relationships or where one spouse brings substantially more property to the marriage than the other, families with special needs children or other dependents, and families who own small family businesses all have special estate planning requirements. We have experience advising clients and preparing comprehensive estate plans for all of these situations.

If you have questions about planning your estate to fit your family's unique circumstances, give us a call at 253.858.5434 to make an appointment today. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

10 Reasons Why You Should Call a Lawyer If You've Been Hurt in an Auto Collision

If someone injured you through their negligent driving, then you have rights under the law. You want to make sure to protect those rights after an auto collision so you don’t end up paying - financially and personally - for someone else’s negligence. In some cases, you may need to file a lawsuit after a collision. Why is it important to talk to a lawyer after you've been in a collision?

1. You have only a limited time to file suit. In most states, the statute of limitations for filing a car accident claim is between 1 and 3 years. If you don’t file suit within that time, you give up your right to sue forever.

2. You may need to comply with certain rules in order to file suit. A lawyer who is experienced in handling personal injury cases will be familiar with the law and can help you make sure you don’t do anything that jeopardizes your rights.

3. Insurance companies may have different agendas than yours. Most insurance companies aim to protect their insureds and to compensate them for damages. However, insurance companies also aim to keep costs down, reduce their overhead, and make money for their shareholders. Since your agenda and the insurance companies' agenda may not perfectly align, hiring a lawyer can be the best way to insure you have someone on your side.

4. You may not fully understand all of your potential damages. There are a slew of potential damages available to people who are injured in auto collisions. In addition to medical bills, you may be able to recover for lost wages, pain and suffering, and emotional distress. Your family members may even be able to recover for the loss of your companionship if you have become incapacitated. If you don’t hire a lawyer, you may not be aware of all of your potential legal rights to recovery.

5. Proving liability can be complex. Even with witnesses and a police report saying the other party is at fault, proving that they were negligent can be difficult. Since there are many elements that go into winning a personal injury lawsuit, you will need to hire a lawyer who understands the law and who can provide references to sources of law that support your position.

6. The laws differ from state to state: Auto insurance and auto collision rules are decided by each individual jurisdiction. For example, there are 12 “no fault” states in the U.S. in which you cannot sue after a car accident except in special circumstances. Likewise, in some states, you can sue even if you were partially at fault for the accident (called "comparative negligence" states) while in others, if you contributed to causing the accident you can’t sue (called "contributory negligence"). A lawyer in your area can help explain all the nuances of the law within your jurisdiction to you, so you will fully understand all of your rights.

7. You need to understand settlement options: Most cases settle out of court, which means the defendant or his insurance company is likely to make you an offer. Your lawyer can help you understand the implications of accepting this offer, since once you accept, you give up your right to sue forever. Your lawyer can also help you to evaluate whether settling is the best option in your case or not.

8. Filing a lawsuit requires adhering to complex rules. If you decide to bring a lawsuit, you will have to file the appropriate papers in court. This is not as simple as going to the court house and announcing your intent to sue. A number of complex rules exist on everything from the font size of the brief to how precedent is cited and what evidence is admissible. You will need a lawyer to guide you through the complicated process of litigation.

9. Proving your case can be even more complex – Just as filing your case is complex, proving your case is even more so. You may be permitted to “discover" certain information from the other side, and you may be limited in the types of witnesses and evidence you present. There are even restrictions on the kind of questions and phrasing of questions you ask in court. Furthermore, extensive legal research often needs to be done to convince the jury to side with you. As such, it is very difficult to prove personal injury liability on your own.

10. If you don’t hire a lawyer, you could be faced with financial loss. If you don’t file suit in time, if you don’t claim the right damages or sue the right defendants, and if you lose your case as a result of improperly presenting your information, you will be barred from bringing suit again. This means you will have used up your only chance for recovery and you will be stuck with all the costs and bills as a result of the collision that someone else carelessly caused.

If you've been injured in an auto collision, give us a call to see how we can help. We have a long history of representing injured people and their survivors. Call us at 253.858.5434 to set up an appointment for a free initial consultation.