Parwani Law, P.A.        (813) 514-8280

When should I hire an attorney?

Ideally you want to hire an attorney before you need one.  You should hire an attorney not just when a legal problem arises, but should have one waiting in the wings.  Often, a person looks for an attorney after they have been sued, they are in the midst of a divorce or while they are in the middle of contract negotiations.  Sometimes, this is too late.  Ideally, you will want to have an attorney that knows your business and personal legal life well before you need them.  An attorney that understands your background, whether personal or business, is in a better position to handle legal problems that arise. 

Of course, if you get served with a lawsuit, you may need to find an attorney ASAP.  This is the equivalent of buying a new refrigerator when yours breaks in the middle of the night.  Not fun, and you are always wondering if you shopped enough and found the best refrigerator replacement for a good cost.

So while you have the opportunity, and before a need arises, shop around for attorneys.  How do you this?  Start with recommendations from friends and relatives. Interview various attorneys.  Understand the legal specialties attorneys have.  Review attorney credentials and ask to speak with previous clients.  Sit down and meet with several attorneys, learn about their personalities and their credentials.  Most attorneys will give you a free half hour of their time, but be sure to ask before you meet with an attorney about how much the attorney charges or you could end up with a surprise bill.

What types of matters require an attorney?

It is not possible to list all the matters that might require you to hire an attorney, but there are certain general types of matters you should always consult an attorney as a starting point.

If you are arrested or accused of a crime, seek an attorney immediately.  Also, if you have a lawsuit of any kind brought against you, a potential of a lawsuit being brought against you or receive papers talking about a lawsuit, you should seek an attorney immediately.

If someone is trying to collect money from you or you are a victim of identity theft seek an attorney immediately.  Do not wait until you are sued or have problems as a result.  The best plan of attack is to obtain an attorney immediately.

If you have any issues with a government administrative agency, such as the IRS, immigration, worker’s compensation board or the social security administration, seek out an attorney to help you maneuver through the minefield.

Family matters are a common reason to seek out an attorney.  If you are going through a divorce, trying to adopt a child or planning for elderly parents or disabled relatives you will want to consult an attorney.

If you have problems with your employer such as discrimination or non-payment of wages, you will also want to seek a lawyer.  A lawyer in these circumstances can help you protect your rights.

If you have a problem with a contract or merchandise, you should contact an attorney for help.  Often, the attorney can help you resolve the issue of receiving poor services if the assistance you received was not helpful.

Other reasons you may need to consult an attorney include purchase or sale of real estate, you need to draft or redraft your will and related estate documents, or you are buying, selling or starting a business.

If you are not sure whether your circumstances warrant the advice of an attorney, then seek out an attorney anyway.  Often, an attorney will advise you properly as to whether your circumstances require assistance or are more simply handled without an attorney.  It is better to be safe rather than sorry.

What separates a good attorney from a bad attorney?

This is not an easy question to answer.  What makes red a better color on you than blue?  A good attorney is one that can meet your needs.  A bad one is like wearing the wrong color.  The clothes cover you up, but you don’t look your best.  It is really up to you to ask as many questions as you can when looking for an attorney.  Decide what you want to pay, how you want to pay and what you expect for your payment.  That is what makes a good attorney. 

You don’t necessarily get what you pay for with attorneys.  Sometimes a very good attorney charges much less than a very expensive attorney.  Sometimes an attorney that suits your needs and the matters you want handled with the special expertise costs a fortune but may be better than a generalist. 

When you go to your doctor for a throat ache, do you go to family practitioner or a throat specialist?  Depends on the problem, right?  The same is true for an attorney, if you have an attorney you can trust, they should be able to direct you to a specialist when they cannot assist you appropriately with the problem.

For example, let’s say you go to an attorney to have your will drafted.  After speaking with you for a short while the attorney determines you have over a million dollar in assets and children you wish to disinherit.  The attorney you are speaking with only does simple wills and refers you to an “specialist” attorney who handles complex wills like yours.  That is a good attorney, one that knows how to serve their client the best.

This article is for informational purposes and is not intended to replace the legal advice of an attorney.

Parwani Law, P.A., copyright 2010.  

What is mediation?

Mediation is a huge litigation opportunity. Many clients meditate through the process of mediation and do not use the process as an effective active tool to help with reaching successful goals.  Mediation is not a calm or simple process , but really should be the most active and engage part of your litigation strategy. Ideally mediation if handled properly will help or lead to the ultimate outcome of the case.

In general mediation is considered a non-litigation technique to help resolve a dispute.   The standard definition of mediation is allowing the parties to come to a solution with a third party disinterested neutral, the mediator, who assists the parties see the possible outcomes of litigation and perhaps settling a dispute.  The purpose of mediation is to leave the outcome of the dispute to the parties.  The parties decide whether to agree or disagree and any agreement that results is defined in total by the parties.   The mediator is not supposed to provide legal advice or to judge the parties.  A good mediator will simply explore options with the parties and identify issues. 

Mediation is often characterized as “what happens in Vegas stays in Vegas.”  In other words, mediation and the entire process of mediation considered confidential between the parties and mediator.  This is an important policy as it is intended to encourage settlement of disputes if the parties can be honest and up front about settling the case without worrying about settlement discussions leaking into the courtroom.

Often the goal of mediation is to settle a case.  But sometimes the mediation may be for other purposes such as discovery or to obtain confidential information.  Mediation can also be used to get a better understanding of opposing counsel and the client. What is their demeanor?  What is the basis for legal strategy?  How do they act under pressure?  A good mediation will also allow your client to see the impacts and possibilities of moving a case forward to a trial.

Who should you select as a mediator?

The first thing the parties look at is the cost of the mediator.  Can you afford the mediator in your case.  The client should understand that it is not only attorney fees that they will be paying but also the cost of the mediator.

Another factor that goes into selecting a mediator may be availability.  If your only available to mediate on the weekends and evenings that may limit which mediators might be appropriate for your case.

Case strategy plays an important role in selecting a mediator.  You should determine whether a mediator is impartial or neutral and how does the particular mediator’s experience and viewpoint impact your client. Is the mediator objective in a way that is favorable to goals of your client?  You should also look at conflicts of interest when selecting a mediator.  Determine how the mediator will impact your case when selecting a mediator. 

One of the most important factors in selecting the mediator may be the mediator’s expertise in the type of case that is presented.  For example, if you are mediating a complicated labor dispute, you may want to consider a mediator with expertise in labor law rather than a mediator who has only mediated divorces.  A mediator’s understanding of the practice area surrounding the case may be crucial to achieving settlement.  Also, educating a mediator about the law in order to effectively help the negotiating process may not be cost or time effective.

Of course you should consider your client’s needs when selecting a mediator.  What kind of mediator will help you client understand the weaknesses in your case and also prepare the client for an appropriate outcome if the mediation is unsuccessful.  For example, utilizing a former judge as a mediator may open your clients eyes as to  examples of cases and experiences that you may not be able to provide as the lawyer to your client.

The mediator should be able to communicate effectively with your client and the opposing party.  Can the mediator be effective in handling any emotional issues in the case?  If the case is technical does the mediator have the ability to understand the issues?

How do you mediate?

In some cases, a mediator or the parties will ask a pre-mediation statement be prepared.  These can be exchanged or can be only for the mediator’s eyes.  Depending on the nature of the case, this can help get the mediator up to speed before you mediate, so all parties and the mediators can use the mediation time effectively. 

Most mediations start with all parties in a room along with the mediator.  Where injunctions are involved or the parties feel uncomfortable facing each other separate rooms can be obtained to facilitate the mediation.  The mediator can act as a go between messenger bird between the parties and the separate rooms.  A mediation can be done with numerous parties to a litigation. 

Most mediations begin where the mediator explains the process and goals of mediation to the attorneys and their clients.  The mediator will go over confidentiality rules, civility rules and will explain the process to all parties and their attorneys.  A good mediator will often empower the parties with a speech about how the outcome or settlement is in the parties control and not a judge to help encourage a positive atmosphere.  Sometimes the parties or attorneys will be asked to give an opening statement. 

Most mediations will allow for a caucus period where the attorney and their clients will be given an opportunity to speak separately with the mediator.  Often this time includes “wait time” and can be used to effectively by the lawyer to work with their client on discovery issues and case preparation.

Also, mediations can be effective tools for clients to vent and release frustrations to a neutral third party.  Sometimes the mediation process is more about allowing parties to have their say without the necessity of a full blown trial.  Many mediations allow the parties to state their individual perspectives without attorney involvement.  In other words, sometimes clearing the air, settles disputes.  Many mediations result in a simple apology which ends the dispute.

When should you mediate?

Think about your tools in your tool box to win your case and mediation is one of those tools.  The important thing to know about mediation is how to use the tool appropriately for your particular project.   Mediation may not always be a settlement tool exclusively.

Sometimes mediation is court ordered and sometimes it is self-imposed. In other cases mediation can be pre-trial, post -trial or pre-suit.  There does not necessarily need to be a lawsuit to allow for a mediation.  For example, a home owner association may request a mediation with a homeowner prior to filing a suit for a violation of the covenants and restrictions.  Or perhaps parents of a child may mediate before filing motions with the court to change custody orders.

It is important to plan for what the outcomes and goals of the mediation will be.  Often mediation can be used to obtain information for a client to make a useful decision.  For example, if a party is not providing tax returns in order to calculate alimony in a divorce matter, mediation can be an informal way to request that of the parties.  Sometimes mediation can help to lessen discovery costs in a case by opening the doors to parties providing missing information.

Mediation may also be used to give a client a realistic picture of the costs involved in a particular case.  Often clients become very agreeable after several hours of paying a mediator’s fee and their lawyer’s fee to negotiate a case.

 What are some of the some of the strategies of mediation?

Mediation is not confidential in that the information obtained in mediation can be utilized to continue case strategy.  The parties do hold the privilege that no testimony can be given on what happened at mediation as it is a settlement negotiation.  However, while it is true a party can’t tell anyone what happened at mediation or the outcome of mediation in most cases, it does not mean that the information acquired from mediation cannot be asked about strategically in a deposition or be requested in written discovery.

Mediations can also be used effectively for persuasion and to prepare opposing parties for what is to come down the road.   The lawyers can use the process for effective posturing and to advise the other side to prepare for what is down the road. 

In addition, mediation can help the parties see what it is like to walk in the other’s shoes.  Mediation can give perspectives to the client that may not be just from their hired counsel’s perspective.  It can help the clients see what the attorney is seeing from a different perspective and not third hand. 

Mediation can be used to effectively understand the other party’s negotiation position and tactics for settlement.  Often the case posture can be established in the mediation to help give counsel a starting point to a case.  If the parties come prepared with draft settlement agreements to mediation or with the case effectively  worked up the issues in the case can be significantly narrowed.

What are some of the outcomes of mediation?

A good result in mediation is that you have achieved inexpensive discovery on behalf of your case.  In addition, you learn how the opposing parties act as witnesses, and how the opposing parties handle pressure of litigation.  A mediation can be used to educate and to learn the weaknesses of the case.

Other possible outcomes of mediation include:

-        A partial settlement or compromise.

-        A continuation of negotiations, perhaps by continuing the mediation.

-        Settlement of the case.

Ideally, whatever the outcome it is reduced to writing or a settlement agreement.  Often preparing the written agreement at the end of the mediation can be the most detailed and time consuming process.   It is important to document the results, even if it is a continuance, so that parties are clear as to what was the outcome of the process.

A mediation is successful if you have not meditated through the process.  Rather, you should take an active role in moving a case forward through the mediation process.

This article is for informational purposes and is not intended to replace the legal advice of an attorney.

Parwani Law, P.A., copyright 2017.  

Selecting an entity to run your business can be confusing and complicated.  It is important to take into considerations things such as tax implications, liability protection, continuity of the business, capital, and control of the business.  These factors must be considered in light of the type of business you have as well as your business plan.

In the United States, most states offer four basic types of entities which we will discuss here: proprietorships, partnerships, limited liability companies and corporations.  It is important to understand the basic types of entities in order to make a determination about the type of entity that will suit your business.

The first type of entity to be aware of is the sole proprietorship.  A sole proprietorship is one person conducting business in their name or under a fictitious name.  It generally is a simple form of running a business with minimal organizational costs.  Taxes are reported on an individual federal tax return on Schedule C.  A sole proprietorship gives an owner complete control.  However, it also means that the owner of the business is personally liable for all business debts and that all the decisions are in the owner’s hands. 

The second type of entity is a partnership.  A partnership is two or more people carrying on a business together and sharing profits and losses.  A partnership entity allows the use of the combined expertise and assets of the partners.  Liability is spread among the partners.  However, a bad partnership can be like a bad marriage because control of the business is shared.  Each partner is personally liable for the other partner’s acts.  Moreover, all profits are taxable even if they stay in the business.

A limited liability company is a relatively new creation in many states and is usually governed by state laws.  It is a separate legal entity that carries on business in its own name through its owners or members.  A limited liability company generally provides liability protection for its owners and can usually allow for significant flexibility of taxes and ownership.  Limited liability companies can be complicated in some cases and have high start up costs, but for many types of businesses this form of entity has become very popular.

Finally, corporations are separate legal entities that carry on business in their own names through directors and officers for shareholders. In most cases, shareholders are not personally liable for actions of the corporation.  Corporations can take advantage of certain tax advantages and corporations have a perpetual existence.  It is easy to transfer ownership of shares of a corporation.  Probably, the biggest advantage of a corporation is the ability to raise large amounts of equity capital for the business.  Some disadvantages to a corporation as a type of entity include lots of legal formalities, high start up costs and double taxation of shareholder profits unless certain tax strategies are used.

State laws have intricate variations on these four types entities such as limited liability partnerships, limited partnerships, professional corporations and professional associations.  In addition, state laws may limit the use of certain types of entities for certain types of businesses and have unique taxation or other legal requirements such as registrations and filings.  It is very important to understand the state entity laws where you are choosing to do business.

Besides the basic considerations and types of entities discussed here, there are many other factors to consider when choosing an entity for your business, it is important to consult a good financial advisor and a good legal advisor in your state when making a determination as to what type entity to structure your business – make no mistakes and select the right entity the first time. 

This article is for informational purposes and is not intended to replace the legal advice of an attorney.

Parwani Law, P.A., copyright 2010.  

Today everyone has heard about identity theft, but do you know really what identity theft is?  Do you know what the repercussions are if you are a victim of identity theft?  Do you know how to prevent identity theft from happening to you?

What is identity theft?  Identity theft happens when a thief steals personal information such as your name, social security number and address and uses that information to obtain credit or commit other types of fraud with your identity.  For example, a thief could steal a credit card offer from your mailbox that contains your personal information, fill out the offer form, but change the address to the thief’s address in order to obtain credit in your name, and then begin to charge the new credit card with purchases.  Another example of identity theft is when a thief obtains your credit card number by memorizing it while you are making a purchase at a store and then uses that credit card number to make many on-line purchases.

There are many ways identity theft can happen besides your purse or wallet being stolen.  We often hear about the theft of large amounts of personal information from large corporations such as banks being stolen and used in identity theft rings, but often identity theft can be as simple as a telephone solicitation from someone fraudulently pretending to need your information, such as your social security number to process a transaction.  Sometimes identity thieves will sift through public records, your trash or even your mail to obtain personal information.  Another method of identity theft is to obtain information while shoulder surfing, basically overlooking your shoulder to obtain personal information while you are completing a transaction at an ATM or store.  Thieves also use fake websites to obtain credit card and other personal information from unknowledgeable consumers.

What are the consequences to you if you are a victim of identity theft? The consequences to a victim of identity theft can be devastating.  Your credit can be damaged, preventing you from purchasing a car or home.  Often employers will not hire someone with a poor credit history.  It can take significant time and money to rectify your credit if you are a victim of identity theft.  You may be hounded by bill collectors for debts you never owe, if you are a victim.

How do you protect yourself from becoming a victim of identity theft?  Perhaps the most important way you can protect yourself from identity theft is by using common sense.  Guard your personal information.  Shred all documents containing personal information before throwing the information in the trash.  Invest in a good shredder that also shreds credit cards.  Never release your personal information to anyone over the phone or by mail if you have any suspicions; always ask for requests in writing and/or investigate any business at the Better Business Bureau.  Carefully guard any passwords and pins that you have by preventing anyone from peering over your shoulder to obtain the information.  If possible, lock your mailbox and lock your trash bins until trash day.  Keep your personal information under lock and key.  You should also remove yourself from as many telephone and mail solicitation lists as you can.  Review all your financial statements regularly with a fine tooth comb for unauthorized charges and suspicious activity.

 You should also order your credit report and review it regularly.  You are entitled to a free credit report yearly by law, so take advantage of your right to your free credit report and review it regularly for suspicious activity.  There are three major credit bureaus you can contact to obtain your free copy:  TransUnion, Experian, and Equifax.  Question anything on your report that looks suspicious and investigate it thoroughly.

You can also pay for services to help you monitor your credit report.  Many companies offer identity theft protection and will notify you if obscure activity occurs on your report.  You should investigate these companies thoroughly and decide if the services meet your needs and expectations before spending any money on them. 

You may also wish to purchase identity theft insurance.  Shop around for various policies and coverage to make sure the insurance will meet your needs.  Like any insurance purchase, make sure you understand what you are purchasing, before you write that check.

What should you do if learn you are a victim of identity theft?  First of all, you should file a police report if you are a victim of identity theft with the police department where the theft occurred.  The filing of a police report will help protect your rights.  Next, you should contact each of the three credit bureaus to place a fraud alert and/or a security freeze on your credit report.  You should also report the theft to the Federal Trade Commission which keeps track of identity theft cases.  Finally, consult an attorney regarding your rights.  There are many state and federal laws intended to protect you from identity theft.  You should know and understand what options you have under the law in your particular circumstances.

When it comes to identity theft the most important thing you can do is PROTECT YOURSELF!  Be knowledgeable, responsible and cautious.

This article is for informational purposes and is not intended to replace the legal advice of an attorney.

Parwani Law, P.A., copyright 2010.  



            So your life is running along great!  And then one day you are in a tragic accident that leaves you in a coma!  Bam!  What happens now?  Have you thought about it?  Have you planned for it?  I know this sounds tragic but sometimes we find our clients in this exact situation.  How do we help them and their relatives though this difficult time? 

            Perhaps you know someone with a special needs child who is not sure what to do when that child turns 18?  How do you advise that person about options available to help that with their bank accounts and day to day affairs?

            Guardianship?  What is it?  Guardianship is a  tool that will help you think about how to plan your life in emergency situation.  Perhaps the biggest myth in guardianship is that it is a legal tool for the incapacitated.  The brave new world allows guardianships to be utilized in a more limited manner.  For example, a full guardianship may require that all the rights of an individual be delegated to their guardian.  However, a limited guardianship may allow certain rights to be limited to removal or delegation such as: to marry, to vote, to personally apply for government benefits, to have a driver’s license, to travel, or to seek or retain employment.  One of the most difficult tasks for a court is to decide whether to impose a full or limited guardianship as impinging of someone’s personal life is devastating.

            Another myth about guardianship is that only a court order with a guardianship can be accomplished.  With proper planning there are other legal tools that can be used to delegate, transfer or limit guardianship rights.  For example, in some instances advanced directives, pre-need guardianships, powers of attorney or living wills can be used to accomplish the same results as a court ordered guardianship.

            Understanding the brave new world of guardianships and how to properly use them in your life is something you should discuss with your attorney sooner rather than later.

This article is for informational purposes and is not intended to replace the legal advice of an attorney.

Parwani Law, P.A., copyright 2017.