If you’ve recently gone through the turmoil of a divorce, estate planning may be the last thing on your mind. But after a divorce, you need to take steps to update your estate plan.

If you’re going through (or have recently gone through) the emotional and financial turmoil of a divorce, estate planning may be the last thing on your mind. But after a divorce, you need to take steps to update your estate plan. Here are three steps you can take to make sure your estate plan reflects your current life and wishes:

1. REVOKE YOUR WILL AND MAKE A NEW ONE. Start by revoking your old Will (literally tearing it up is the best way) and making a new one. If you don’t already have a Will, now’s the time to make one. The same is true if you made a living trust while you were married.

A Will is a document where you:

* Leave your property to the people of your choice.
* Name a Personal Representative to wrap up your estate when the time comes.
* Nominate a guardian to take care of minor children if it’s ever necessary.

All of these choices may be affected by divorce. If you’re like most people, if you made a Will while you were married, you left everything to your spouse—probably not the result you want now. It’s best to start fresh with a new Will, naming new beneficiaries and alternate beneficiaries, who would inherit if your first choice didn’t outlive you.

In most states, if you get divorced after making a Will, any gifts that your Will makes to your former spouse are automatically revoked. For example, Washington law says that dissolution (divorce) of a marriage revokes any gifts that your Will made to your former spouse. The rest of the Will is not affected. But it’s not a good idea rely on state law. Not every state has a law like Washington’s, and laws can change.

Relying on state law also can create some uncertainty about what happens to the property you left to your former spouse, if state law revokes that provision of your Will. The general rule is that the property passes as though your former spouse had died before you did. So if your Will named an alternate (contingent) beneficiary for that gift, that beneficiary inherits. If you didn’t name an alternate beneficiary, but did name a “residuary beneficiary,” then that beneficiary inherits. Otherwise the property passes under state law, as if there were no Will, to your closest surviving relatives.

Those potential complications underscore the importance of making a new Will. That way, it will be clear about who you want to inherit, and you can name alternates as well.

If you don’t want your ex spouse to inherit your property, you probably don’t want them in charge of your estate either. But if you named your spouse as your Personal Representative, it could happen unless you make a new Will. Again, in many states, divorce revokes the appointment of a former spouse to serve as PR of the estate or Trustee of a Trust. The alternate PR, if you named one , would serve instead. Still, don’t count on state law—in your new Will, appoint a new PR and an alternate.

A key reason that many parents of young children make Wills is to name a guardian who would raise their children in the unlikely event neither parent could. If you have kids under 18, that’s one reason you want to make a Will. A court will appoint a guardian to care for a child only if both parents are deceased or unfit. (And courts find a parent unfit only if there is a serious and ongoing problem, such as a history of child abuse or addiction.) If you don’t want your ex spouse to raise your children in the event of your untimely death because you don’t think he or she is a good person or a good parent, it’s probably not something you can prevent.

In your Will, however, you can name whomever you choose to serve as guardian, in case both you and the other parent aren’t available. (It is, thankfully, rare for both parents to be unavailable.) If you feel strongly that the other parent shouldn’t have custody of your children, so say in your Will and write down your reasons in a separate writing and attach it to your Will. It will at least give the judge something to consider.

2. UPDATE BENEFICIARY DESIGNATIONS. As important as your Will is, it might now cover some of your most valuable assets. Many assets pass outside of a Will, to beneficiaries named on paperwork provided by a retirement plan administrator or insurance company. So be sure to update your beneficiary designations for:

* Life insurance policies
* Retirement accounts such as IRAs and 401(k)s
* Pay-on-death bank accounts
* Transfer-on-death brokerage accounts

To name a new person to inherit these assets, request new documents from your insurance company, brokerage company, or employer and submit them as soon as possible.

Don’t assume that state law (or even the terms of a divorce decree) will revoke any earlier designations you made naming your former spouse. Certain “qualified plans,” such as 401(k)s, pensions, and employer-provided life insurance policies, are governed by a federal law called ERISA (the Employee Retirement Income Security Act) and ERISA says that a plan administrator must turn funds over to the beneficiary named in the plan documents—no matter what state law says. So if your former spouse is still the named beneficiary, they will inherit unless you change the paperwork.

3. MAKE NEW POWERS OF ATTORNEY. Powers of attorney—documents that give someone authority to act for you if it’s ever necessary—are a big part of an estate plan. You should have two powers of attorney: one for healthcare (medical decisions) and one for financial matters. If you already have powers of attorney that give your former spouse authority to make decisions on your behalf, revoke them and make new documents.

If you or your friends or family members have questions about of the above information, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

What is a "living trust"?

A lot of estate planners and financial advisors talk about using "living trusts" (also known as a "revocable living trust" or "inter vivos trust") as a solution for a wide variety of problems associated with estate planning that Wills cannot address. Some lawyers regularly recommend the use of such trusts, while others believe that their value has been somewhat overstated. The choice of a living trust should be made after consideration of a number of factors.

The term "living trust" is generally used to describe a trust that you create during your lifetime. A living trust can help you manage your assets or protect you should you become ill, disabled, or simply challenged by the symptoms of aging. Most living trusts are written to permit you to revoke or amend them whenever you wish to do so. These trusts do not help you avoid estate tax because your power to revoke or amend them causes them to continue to be includable in your estate. These trusts do help you avoid probate, which may not always be necessary depending on where you live and the cost and complexity of probate in your state.

A "living trust" is legally in existence during your lifetime, has a trustee who currently serves, and owns property which (generally) you have transferred to it during your lifetime. While you are living, the trustee (who may be you, although a co-trustee might also be named along with you) is generally responsible for managing the property as you direct for your benefit. Upon your death, the trustee is generally directed to either distribute the trust property to your beneficiaries, or to continue to hold it and manage it for the benefit of your beneficiaries. Like a Will, a living trust can provide for the distribution of property upon your death. Unlike a Will, it can also (a) provide you with a vehicle for managing your property during your lifetime, and (b) authorize the trustee to manage the property and use it for your benefit (and your family) if you should become incapacitated, thereby avoiding the appointment of a guardian for that purpose.

If you have questions about whether a revocable living trust is right for your estate plan, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

If you've been in an auto collision, hiring a lawyer can be extremely helpful in negotiating the chaotic and confusing world of insurance claims and settlements.

An auto collision brings with it a host of questions. Who is at fault? Who pays for damage to my car? Who will pay for my medical bills? How much should I get for pain and suffering? Can I ask the insurance company to reimburse me for lost wages? A lawyer can be extremely helpful in negotiating the often chaotic and confusing world of insurance claims and settlements.

Because most injury attorneys work on a contingent fee basis, and only get paid if there is a successful resolution to your claim, there is often little incentive to try to handle these types of claims on your own, unless no injuries or serious damage were involved and a settlement would be very small. If you're injured in a car crash, then hiring a lawyer will almost always ensure a much better settlement.

Hiring a lawyer to represent you after a collision means you will have a professional working for you--one who is knowledgeable about the relevant laws and procedural rules that may affect your case. A lawyer can advise you of any statutes of limitations that can bar you from filing a lawsuit against the at-fault driver. For instance, in Washington you must file your lawsuit within 3 years of the incident or be forever prohibited from filing your lawsuit; in Idaho, the statute of limitations is 2 years. A lawyer will also be able to inform you about any special exceptions to the statute of limitations--for minors, for example.

Your lawyer can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial--and even going to trial if your case doesn't settle.

Finally, and perhaps most importantly, having a lawyer who is knowledgeable about the law evens the playing field, especially when you are going up against the experience and vast resources of a large insurance company.

There is a lot of work that goes into negotiating an insurance settlement and trying a personal injury lawsuit. After you have been in a car crash, taking on this time-consuming work may be the last thing you want to do, assuming you're able. A lawyer can do it all for you. Whereas this may be your first time dealing with the ins and outs of an injury claim, lawyers have dealt with all manner of claims and a variety of insurance companies. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.

Your lawyer will also be able to organize the evidence and prepare a settlement demand for the insurance company. If you are unable to settle your case, your attorney can take care of filing the necessary paperwork to start a lawsuit and can deal with the defense attorneys on your behalf. Having someone knowledgeable handling the hard work of your case eases the burden on you, which is especially important if you have been seriously injured and are trying to recover from your injuries.

Perhaps the most important way a lawyer can help you with your case is by being your advocate. This means that your lawyer acts on your behalf and for your benefit throughout the entire claims process (negotiating with the insurance company) and even in court if a lawsuit becomes necessary. Your lawyer will be your champion before the judge, jury, and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.

Having an experienced advocate working for you is essential in obtaining a reasonable and fair resolution in your case.

If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment right away.

Are you planning to start a new business in 2020? You may need a lawyer to advise you regarding your business startup. We can help!

Are you planning to start a new business in 2020? When people decide to start a business, they usually have a great idea and some money to invest in the enterprise. Some people choose to start the business by themselves or with family members, while others have partners or other investors who will not be involved with the day-to-day affairs of the business.

The laws that apply to start-up businesses differ based on the specifics of the situation, and even business people who decide to go it alone have options to protect themselves from personal liability for business debts and obligations. For this and other important reasons, you most likely will need a lawyer to advise you regarding your new business.

CONTRACTS. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don't end up in court.

REGISTERING, LICENSES, AND PERMITS. Some business entities are required to register with the state in order to be recognized. Even businesses that are not required to register may be required to obtain licenses or permits.

FORM OF BUSINESS. The choice of business form (i.e., sole proprietorship, partnership, LLC, or corporation) often dictates the legal responsibilities and potential liability of those involved in leading the business, as well as the manner in which it may operate. For example, choosing the wrong entity may make you personally liable for the wrongs of employees or partners.

MULTI-STATE BUSINESS. The preconditions to forming and conducting a business entity in one state may not be accepted in another state. If you are not careful, the protections you have in your home state may be lost if you do business in another state.

CAPITAL. Businesses need to raise money, keep records of income and distributions, and behave in a fiscally responsible manner. Different business entities may require different procedures for raising capital and making distributions.

VARIETY OF ENTITIES. Although there are 5 basic business entities, there are other options within these entities that determine things like double taxation and liability for the acts of partners.

AUTONOMY. With many business entities, the things you don't decide are decided for you. Most states have adopted "Uniform Laws" that fill in the gaps for business entities where their charters, bylaws, and other organizing documents are silent. You may be subject to a whole set of laws and regulations that you don't even know exist.

TAXES. Different business forms provide different tax advantages and disadvantages.

LIABILITY. Different business forms provide different protections and risks to the business owner/investor. Personal liability means that your business puts everything you own at risk. A lawyer can help you avoid this situation or minimize your risk. Knowing about your personal liability, and reducing the risk that your business may devastate the economic well-being of you and your family is well worth a visit to a lawyer.

In most cases, you're going to need the services of a lawyer for your startup, perhaps for tax services or employment law compliance. Give us a call at 253.858.5434 to find out how we can help you. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Benefits of hiring a lawyer when you're the Personal Representative of a deceased loved one's estate.

When you’re the Personal Representative of a deceased loved one's estate and you're winding up the estate, there’s usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don’t need to be done by a lawyer. So if you’re paying your lawyer by the hour, you’ll probably want to volunteer to take on some of this work yourself. Just make sure it’s clear who is responsible for what tasks, so things don’t fall between the cracks. For example, make sure you know who is going to (1) order death certificates, (2) file the will with the court, (3) get appraisals of valuable property, and (4) file the deceased person’s final income tax return.

Keep in mind that many lawyers are more flexible than they used to be about offering what’s often called "limited representation" or "unbundled legal services." In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case. They will agree to provide limited services—for example, answering your questions during the probate process or assisting with the preparation of court pleadings or the estate inventory—while you take on other tasks traditionally done by the lawyer. Be sure to get your agreement in writing, so both you and your lawyer are clear on your responsibilities.

IMPORTANT DATES AND DEADLINES. It’s a good idea to ask the lawyer for a list of deadlines—for example, when is the cutoff for creditors to submit formal claims, and if there's to be a final hearing, when will it be held? This will be helpful both if there are things you need to do, and if creditors or beneficiaries contact you with questions.

DEALING WITH BENEFICIARIES AND CREDITORS. If everyone gets along, it probably makes sense for you, not the lawyer, to field questions from beneficiaries. It will save money, and you’ll know what beneficiaries are concerned about. If you send regular letters or emails to beneficiaries to keep them up to date (this usually helps keep them from getting anxious), you might ask the lawyer to review your communications before you send them, to make sure you’ve got everything right.

GETTING LEGAL ADVICE AS YOU GO. Check in with your lawyer regularly to see if anything is happening with the probate case. Usually, no news is good news. State law requires you to keep the probate case open for a certain number of months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don’t argue about anything in court, and few creditors submit formal claims.

By all means, ask your lawyer any questions you have about the proceeding. But if the lawyer is charging by the hour, try to be efficient when you communicate. If you can, save up a few questions and ask them during one phone call or office visit. But if you are unsure about taking a particular action that will affect the estate—for example, you want to give one needy beneficiary his inheritance months before the probate case will close—get legal advice before you act.

If you have questions about hiring a lawyer to represent you in a probate matter, give us a call at 253.858.5434 to set up an appointment today.

Hiring a Lawyer to Review a Contract - 4 Basic Steps

If you've never hired a lawyer before, the idea of having a lawyer review a contract may seem expensive and intimidating — it shouldn’t be! When a client hires us to review a proposed contract for them, we go through 4 basic steps:

‍STEP 1: AN OPINION LETTER. When a client brings a contract to us for review, the first step is for us to prepare an opinion letter for the client. The opinion letter will lay out a bullet point list of both the items that we believe should be changed in the contract as well as items that the client should be aware of, including obligations that the contract imposes that may not be obvious. Depending on the length and complexity of the contract, this letter is usually inexpensive to produce.

‍STEP 2: DISCUSSION WITH THE CLIENT. Once the opinion letter has been delivered to the client (usually by email), we will have a brief discussion with the client to go over the important points in the letter and answer any questions the client may have.

‍STEP 3: COMMUNICATING PROPOSED CHANGES TO THE OTHER SIDE. Once the client understands the opinion letter, the client will make a decision as to which of the recommended changes to the contract the client would like to pursue. Depending on the situation (and the client’s budget) the client can either: (1) deliver the opinion letter to the party he or she is contracting with and ask that all of the changes be made; (2) copy and paste particular paragraphs of the letter that the client actually wants to use to negotiate the contract and deliver those paragraphs to the other party; or (3) have us work directly with the other party or the other party’s lawyer to communicate the proposed changes. Depending on the circumstances, we may actually insert the proposed changes and deliver a revised contract to the other party.

‍STEP 4: REVIEWING THE REVISED CONTRACT. If the other party is responsible for revising the contract, the last step is for us to review the revisions that we proposed to ensure that the final contract reads correctly.

‍If you are thinking, “This is a simple contract, I don’t want to pay to have it reviewed,” you may want to reconsider. The simpler the contract, the less expensive the review, and even simple contracts can have serious ramifications if drafted incorrectly. Remember, disputes over an ambiguous, unfavorable, or poorly drafted contract are much more costly than hiring a lawyer at the outset to make sure that such disputes are avoided with a good contract.

If you are about to enter into a contract and would like it reviewed by a lawyer before you sign, give us a call at 253.858.5434. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Owning real estate in multiple states can drastically affect your estate plan. We can help!

Owning real estate in multiple states is a dream for many people. You could have a residence in one state and a vacation home or rental property in another state. This sounds great, but there can be consequences down the road. Owning real estate in multiple states can drastically affect your estate plan.

One key aspect of making an estate plan is to lessen the burden on those that will have to administer and distribute your estate in probate as your Personal Representative. This burden is greater when one owns real estate in multiple states. If one is a resident of one state and has property in another state (and that ranges from a house or ranch or commercial building, or to land as small as just a timeshare) there may be a more difficult and expensive situation for your loved ones down the road.

The real estate that is in your state of residence will be probated through the probate court in your home state. Probate courts exist to change title from the deceased person's name to the names of their heirs. The probate court in your home state does not have the authority to probate real estate in other states. This means that a probate proceeding must be initiated in each state where a person owns real estate in even if it is just a timeshare in Florida where you spend just one week in a year. This also means your estate must pay additional fees for probate and most likely lawyers in each additional state.

A solution to probate in multiple states (or what is called "ancillary probate") can be a revocable living trust. A revocable living trust takes the title of the property out of your name and puts title of the property into the name of the trust. Probate is only necessary for assets titled in your name. Once title of property is removed from your name there is no need for probate of that property in one state or multiple states.

A revocable living trust is not meant for everyone's estate plan, but it makes sense for those with property in other states. Living trusts can be pushed on some that do not really need it as part of their estate plan, but owning real estate in more than one state is a serious reason to look in to getting one made.

If you have questions about whether a revocable living trust is right for your estate plan, give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

New Years Resolution: Make 2020 the year you prepare an estate plan. We can help!

It's that time of year when people start thinking about making resolutions, plans, and getting things in order for the new year. Make 2020 the year you prepare an estate plan, or at least review and update your existing estate plan. Protect yourself, your property, and your family by making a Will, Trust, Power of Attorney, Health Care Directive, or whatever other documents are appropriate for your situation.

We can help you out with that resolution. 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.

Having children complicates life in many ways, and estate planning is no exception. Here are 4 things to think about.

Having children complicates life in many ways, and estate planning is no exception. Most young parents don’t need anything fancy, but there are a few things you should definitely think about. Here are four simple steps to take.

MAKE A WILL. For most young parents, writing a Will is less about leaving their assets than it is about naming guardians for the kids. The guardian you name in your Will is the person who would take over if both you and the other parent were unavailable to raise your children. That’s very unlikely, but worth addressing just in case.

If your children ever needed a guardian, the court would appoint the person you nominated in your Will, absent a serious problem with that person. If you haven’t made your wishes clear in your Will, however, the court would have to choose someone without any guidance from you. The common choice is a family member. But what if you really wouldn’t want certain family members to raise your children? Or if you would prefer that a close friend, who has a good relationship with your kids, step in as guardian? The court wouldn’t have any way of knowing.

Many parents get stuck when they go to choose a guardian—after all, no one likes even thinking about someone else raising their children. And parents sometimes discover that they disagree about who would be best.

The other big reason to write a Will is that if you don’t, and if both parents died, your property would have to go to a court-supervised guardianship rather than a private Trust and you would have less control over how your money was spent on your children's behalf.

BUY LIFE INSURANCE. This is more of a financial planning task than a legal one, but it’s good to address when you’re thinking about taking care of your kids. Buying a life insurance policy that would replace your earnings for a few years is a great way to ensure that if you or the other parent died unexpectedly, the survivor would quickly have access to cash to help support the family.

Term life insurance, which stays in effect for a set number of years, is often a good choice for young parents. If you’re reasonably young and healthy, term insurance is cheap.

MAKE POWERS OF ATTORNEY AND A LIVING WILL. Every adult should have an advance medical directive ("living will") and durable powers of attorney for health care and for finances. If an accident or sudden illness strikes, these documents will make things much easier for your family.

In your living will, you set out your wishes for end-of-life care. (A living will is nothing like a regular “last will and testament” in which you leave property and name guardians for children.) Your document can be as detailed or as general as you wish. For example, you might simply say that you want everything necessary to relieve pain (called palliative care or comfort care) but don’t want to receive extraordinary measures such as CPR in certain circumstances.

In a power of attorney for health care, you give a trusted person the authority to carry out the wishes in your advance directive, and to make other medical decisions if you can’t. Depending on where you live, the person you name is called a health care agent, attorney-in-fact for health care, health care proxy, or surrogate.

A durable power of attorney for finances works like a health care power of attorney, except it gives someone authority over your assets. This can be a big benefit to family members—your spouse might need quick access to your checking account to pay the mortgage, for example. Without a DPOA for finances, a court order would be necessary.

If you’re young and healthy, do you still need these documents? Yes—even though it’s very unlikely that they will ever be used. If you were seriously injured, these documents would let your family know what you wanted, sparing them very difficult decisions and heading off disagreements. It’s young people who are strong enough to live a long time with serious injuries. (Terri Schiavo was 26 when her illness began and she fell into a permanent vegetative state.)

DESIGNATE BENEFICIARIES FOR RETIREMENT ACCOUNTS. One last simple (and free) step to take is to name beneficiaries for your retirement accounts--any IRA or 401(k) account you’ve opened. All you need to do is fill out the beneficiary form provided by your employer or the account custodian. If you want to change it later, you can just fill out and submit a new form. By naming a beneficiary, you make it possible for the funds in the account to go directly to the person (or persons) you name, without probate. That will save your family the hassle and expense of probate proceedings.

If you have young kids and have questions about estate planning, give us a call at 253.858.5434. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

What's the process involved in a typical personal injury case?

If you've been in an auto collision and think you might have a personal injury claim, you might be wondering what goes on in a typical case, and how long it takes. The process usually goes like this:

GET MEDICAL TREATMENT. The first thing you should do after getting injured in a collision is to get medical treatment. If you are hurt, call an ambulance, go to the hospital, or see a doctor. Not only is this the right thing to do for your health, but also, if you don’t see a doctor for some time after a collision, the insurance company and the jury will assume that you weren’t all that hurt.

HIRE A LAWYER. The next thing that you will want to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.

Where do you draw the line between a small claim in which you don’t necessarily need a lawyer and a larger claim where you do? In general, if you are out of work for more than a couple of days, if you break a bone, or if your medical bills total more than a couple of thousand dollars, you should hire a lawyer.

You should certainly talk to a number of lawyers, and you might want to meet several of them. After you choose a lawyer and sign a fee agreement, they will start working on your case.

THE LAWYER INVESTIGATIONS THE CLAIM AND REVIEWS YOUR MEDICAL RECORDS. The first thing your lawyer will do is thoroughly interview you about how the collision happened, your background, and your medical condition and medical treatment. Your lawyer wants to know everything that you know about the collision and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.


Then, the lawyer will contact the insurance companies to inform them that you have retained legal counsel. Then they will get all of your medical records and bills relating to the injury and will probably also get your medical records for any treatment that you have ever had relating to the condition at issue in the case. This can take several months, especially if you are still treating for your injuries.
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After all of the medical records come in, your lawyer will review them to see if, in their opinion, there is a possible case. Sometimes the lawyer will determine that there is no case and will deliver the bad news to the client very early on in the representation.

THE LAWYER MAKES A SETTLEMENT DEMAND AND NEGOTIATIONS BEGIN. Many smaller personal injury claims are settled before a lawsuit is ever filed. If the lawyer thinks that the case can be settled, they will make a demand to the other attorney or the other side's insurance company. Otherwise, your lawyer will file the lawsuit. In general, if your claim involves a claim of permanent injury or impairment, your lawyer will not settle it before filing suit.

An experienced lawyer will also not make a demand until the claimant has reached a point of maximum medical improvement (MMI). MMI is when the claimant has ended their medical treatment and is as recovered as they are going to get. This is because, until the claimant has reached MMI, the lawyer does not know how much the case is worth.

The lawyer should also not file a lawsuit until MMI. This is because, if the claimant is not at MMI by the time that the case goes to trial, the jury might undervalue the case.

It could take months or years for the claimant to reach MMI, but a good lawyer will just wait, if the claimant can financially afford to wait. Obviously, if the claimant needs money, then the lawyer should file suit as soon as possible.

THE LAWSUIT IS FILED. The filing of the lawsuit starts the clock running on when the case might get to trial. Every state’s (and often every county's) pretrial procedures are different, but generally it will take one to two years for a personal injury case to get to trial. Keep in mind that a lawsuit needs to be filed within strict time limits that every state has set by passing a law called a statute of limitations.

DISCOVERY. Discovery is the procedure in which each party investigates what the adversary’s legal claims and defenses are. They send interrogatories (written questions) and document requests to each other, and take depositions of all of the relevant witnesses in the case, generally beginning with the plaintiff and defendant. This process can last six months to a year, depending on the court’s deadlines and the complexity of the case.

MEDIATION AND NEGOTIATION. As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator who helps them try to settle the case.

TRIAL. Often mediation works, but if it doesn’t, the case is scheduled for trial. A personal injury trial can last a day, a week, or even longer. One important thing to know about trials is that just because a lawsuit is scheduled for trial does not mean that the trial will actually occur on that date. Trials often get rescheduled because of the judge’s schedules. If your trial gets cancelled, you should not automatically assume that the lawyers are conspiring against you or that something unfavorable is happening. Trials are delayed all the time, and for the most innocuous of reasons.

If you or a friend or loved one has been injured in an auto collision and have questions about how the claim process works, give us a call at 253.858.5434 to find out how we can be of service.

Representing individual real estate investors and real estate investment companies in Washington and Idaho.

Whether you are investing out of state or just renting out the property next door, finding a good lawyer can help you protect yourself and your business through all aspects of a real estate transaction. The right lawyer will be skilled in the laws and regulations of your area and will be available to oversee the legal details of your business deals. No matter what side of a real estate transaction you are on, whether it be buyer or seller, an experienced lawyer can assist you in a number of ways.

As a real estate investor, you may find it useful to have a lawyer to help decipher mortgage agreements or leases. However, the real benefit of working with a lawyer is that owning investment properties can open you up to a number of liabilities and the right lawyer can help protect both you and your business from any issues.

In that sense, lawyers are invaluable. When considering attorneys fees, you should simply weigh the potential cost of losing your investment properties over a legal issue versus the costs of hiring a trained professional to help ensure that does not happen. Many real estate investors consider hiring a lawyer a necessary cost, and rightfully so.

Here are some of the reasons why every investor needs a lawyer on their team:

* An experienced lawyer often has a strong handle on the local area. By being well-versed in local laws and regulations, the right lawyer can help you ensure your property, and anything done to it, are run in compliance with state and local regulations.

* When it comes to boundary disputes or survey issues in a given real estate transaction, a lawyer will be able to work with your real estate agent to ensure the process goes smoothly.

* During the selling and closing process of a home or commercial property, a lawyer can help analyze the title report and more for the property in question. They are also equipped to handle any unexpected events during the closing process.

* Investors seeking to get started in the world of commercial real estate will find a lawyer especially helpful when it comes to acquiring new properties or managing existing ones.

* Yet another way a lawyer can be of value to your team is during the rehab process. When it comes to hiring contractors, a lawyer can assist you in the creation of an agreement to protect you and your property throughout the process.

* Finally, perhaps the most important reason to work with a lawyer is that they can help prevent your business structure from being open to certain liabilities. By anticipating any legal issues, a lawyer can ultimately save you time and money in the long run.

If you or your company invest in real estate and have questions about how we can be of service, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

What's the difference between a DNR order and a Directive to Physicians (commonly called a "Living Will")?

It is important to start thinking about, and preparing for, the unexpected. Many people will wait until they become older to think about end of life issues, but accidents and disability can put tough decisions in front of families sooner than they anticipated. Advance directives help to ensure that your preferences for medical treatment are met and carried out when you’re unable to communicate them yourself. There are various types of these directives – such as DNR orders and Directives to Physicians. They’re not as similar as you might think.

WHAT DOES "DNR" MEAN? A Do Not Resuscitate (DNR) order is a type of advance directive, which indicates that you do not wish to receive CPR should your heart stop beating or you stop breathing. Without a DNR order in place, medical personnel will always attempt to help any patient in this scenario, regardless of the consequences. These orders are in place to not only prevent CPR from being administered, but also the use of artificial breathing tubes, electric heart shocks, and any other invasive emergency techniques.

There are two different types of DNR orders. An out-of-hospital, or prehospital, DNR order (called a POLST in Washington) provides emergency medical personnel who may treat you with directions to not revive you. If you’ve been admitted to a hospital, you can submit a separate DNR order that will be noted on your medical chart. Hospitals and doctors in every state are required to accept DRN orders.

A DNR order isn’t for everybody. Most who consider it are either terminally ill or are at a high risk for cardiac or respiratory arrest. It’s important to note that DNR orders are never permanent, and can be revoked at any time, should you choose to change your mind. You should consult with your doctor before signing a DNR for yourself or a loved one.

WHAT IS A DIRECTIVE TO PHYSICIANS? A Directive to Physicians is another type of advance directive. It helps you communicate your wishes regarding future medical treatment when you’re no longer able to do so because of an illness or injury. You can specify for the withholding or provision of medical care should you be diagnosed with a terminal/irreversible condition – as long as the condition is certified by your physician.

Take some time to discuss these wishes with your family, and especially with your physician, as they may be able to provide you with valuable resources to assist you in finalizing your directive.

Be sure copies of this directive get distributed to your doctor, local hospital, family, or person holding your health care power of attorney. You will also need to provide guidance to them on the specifics of your treatment that is listed in the directive. You can also provide additional instruction and peace of mind to your family and loved ones by providing a written plan of care that is drafted with the assistance of a lawyer or social worker. Also, consider reviewing your advance directives periodically, in case your preferences or persons making the decisions for you happen to change over time.

HOW ARE THEY DIFFERENT? Though a DNR order and a Directive to Physicians are both advance directives, they both serve a different purpose for different people. Whereas a Directive to Physicians is imperative for everyone to prepare at some point in their lives, DNR orders are more for those who expect to have a medical emergency either at home or in public.

Simply think of it this way: a Directive to Physicians describes the treatment (or lack thereof) you wish to receive in the future when you become too impaired to make decisions. DNR orders are implicit, and describe what should happen to you in the exact moment that you become incapacitated.

If you have questions about these or other estate planning issues, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Do you have kids? Grandkids? Do you own a house? Then you need a Will. You need an entire estate plan, in fact.

Do you have kids? Grandkids? Do you own a house? Then you need a Will. You need an entire estate plan, in fact. Depending on your circumstances, this can include a Will, a Trust, a Community Property Agreement, a Durable Power of Attorney, a Health Care Power of Attorney, a Power of Attorney for Minor Children's Health Care, a Directive to Physicians, and/or a number of other legal documents. Having a well-thought out, well-prepared estate plan in place makes life so much easier for your family in the event of your death or disability. If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We advise clients on estate planning matters on a flat fee basis and proudly represent clients throughout Washington and Idaho. We are available to meet in person, by phone, or via Skype or FaceTime.

We represent artists, authors, musicians, and songwriters by helping them register trademarks, negotiating contract terms, and defending against DMCA claims.

Are you an artist, author, musician, or songwriter? Once you’re working as a successful artist, and your name is becoming more and more prolific, there are going to be plenty of roadblocks, and the potential for pitfalls, along the way. Having the advice of a lawyer can help. From not understanding the explicit terms of a contract, to failing to register your copyright or trademark and losing thousands of dollars in the process, or even defending against claims or potential lawsuits involving your work, there are plenty of reasons why an artist would want to hire a lawyer. Here are some of them:

LAWYERS CAN HELP YOU REGISTER YOUR COPYRIGHTS. From the moment you create work, you want to make sure that it’s protected from infringement. Say for example, you just took a photograph in the Olympics, and after editing it you posted the photo on your website. Within minutes, your image is being distributed by an outdoor apparel company, without crediting or compensating you. You’re wondering what you can do to stop them–and a lawyer can help, along with developing a strategy to keep this from happening again in the future.

Understanding when to file your copyrights is a critical aspect of the process. The U.S. Copyright Office defines publication as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.”

But these days, can you consider a work “published” if it’s posted to the internet? The answer to that question is tricky. On the one hand, some might argue that posting an image to the internet and then encouraging or allowing users to make copies and distribute the image–whether electronically on the internet or by purchasing prints of the image–then the image is published. However, if you post the image without giving users the explicit option to re-post, purchase, or distribute, then an image isn’t considered published. Though that may seem contradictory to your end game, which is to stop your photo from being disseminated without your permission, those steps are necessary to be able to protect your work with a copyright.

Another consideration when determining when to register your copyrights is how often you’ll be submitting your work for registration. Will you register multiple works at once or take a one-by-one approach? Which is more cost-effective? What about time effective? When you work with a lawyer, they take care of the strategy for you–leaving you with extra time and money to work on what you do best. Make art.

LAWYERS NEGOTIATE ARTISTS' CONTRACT TERMS. Contracts are one of those tricky instruments that most artists think they can pull off themselves. With plenty of templates and resources out there, getting a contract written up and signed should be easy, right? Well, sort of–if you’re not terribly concerned about exactly what it is you’re signing away. You see, contracts can be written and executed by anyone, the terms of which then become binding. But the reason you hire a lawyer to draft your contract is because you want to make sure you’ve got a clause that addresses how to handle absolutely any kind of situation that could arise based on your contract. For example, it’s important to define which laws govern your agreement. Is there a statute that protects or limits certain remedies under the contract? Where will you argue the case if a dispute arises? Does the contract provide for a specific court? Or will both parties go to arbitration? What kinds of rights do you have, as an artist, under the contract? Do you own the exclusive rights to the copyright in this work, or could this work be considered a work-for-hire employment agreement? What happens if the terms of the contract aren’t met?

While you think it’s worth saving yourself the money of having your contracts reviewed by a lawyer, it’s important to realize that as an artist, you may wind up spending considerably more recovering what you’re owed under a bad contract. By working with a lawyer, you can create a standard contract that you use with all of your clients, that way it’s essentially a one-time fee for a lifetime of legal protection when dealing with new clients. Similarly, if a client is presenting their own contract to you, it’s better to have a lawyer look it over and understand what rights you’re giving away under the contract than to sign it at first glance.

LAWYERS HELP ARTISTS FEND OFF ANY DMCA CLAIMS. As an artist, there are two different instances in which you can run into issues with the Digital Millennium Copyright Act (DMCA), otherwise known as the DMCA: Either you are posting content without permission, or someone is posting your content without yours. Either way, you’re going to want a lawyer’s advice before you take on the issue yourself. Why? Because the DMCA is a highly discussed, not-so-easily understood law with many, many defenses, and often times big companies go after little guys because they know they’re easily scared. For example, let’s say you saw a photo on the internet that you were confident was sufficiently ironic to make an awesome meme on its subject. You downloaded the photo from Google Images, carefully crafted it with your own spin, and then shared the image on your blog or Instagram. Within a week, Getty Images was sending you take down notices, advising that you now owe them $3,000 for your use of the image. Rather than panic, you might want to speak to a lawyer – who would help you craft a response letter to Getty and let them know you wouldn’t be giving them a dime. Your use of their image constitutes fair use, since you’re using the image as a parody on the original.

Or maybe you’ve just found out that a Facebook user has posted your latest YouTube video on their page, where it’s getting millions of hits and robbing you of potential dollars for views under the agreement you have with YouTube. You’ve sent a takedown notice to Facebook, but you can’t make up the lost money. Plus, the Facebook user has submitted a counter to Facebook, alleging that he had the right to post the content, even though he didn’t. Under DMCA, Facebook doesn’t have to police this situation, and they won’t. If you want to get your money back, you’re going to have to take this to court. And while the burden of going to court may seem prohibitive, a lawyer can make the task worth your while, since it’s likely that you could recover more than what you’re owed in lost profits.

LAWYERS ACTUALLY SAVE ARTISTS MONEY. Lawyers often have a reputation for being expensive, but expertise does come with a price. As an artist, you wouldn’t want someone to offer you less than your creative product is worth. And lawyers, though somewhat costly, can help you avoid those situations. They can also ensure that you’re setting up your business model and contracts in precisely the way you need to in order to avoid unnecessary future costs that you weren’t expecting–such as having to litigate over a bad clause in a contract. If you’re an artist experiencing growth in your career, now might be a good time to call a lawyer. Give us a call at 253.858.5434 to find out how we can be of service.