An Ounce of Prevention Can Be The Best Solution to
Your Legal Problems.

Doctors and dentists urge their patients to receive checkups on a regular basis to discover problems  before they are out of control, and to better maintain the health of their patients. The same focus on prevention can protect you from legal problems that put a strain on you, your family, and/or your business.

A legal checkup from time to time can be money well spent. Proper advance planning is less costly than seeking legal help only when a crisis has occurred.

We routinely provide office consultations to clients on a wide range of questions about their personal affairs. Document review before signing is one area where an attorney can be especially valuable to explain the options and legal ramifications of the document. Whether or not you have a lot of property and a large estate, everyone needs a will to properly organize their affairs, especially if you have children. For those that have larger estates, numerous options may be available regarding tax planning and probate avoidance. Those who suffer injury or damage in a motor vehicle accident can usually benefit from advice about how to proceed with their claim, and contingent fee arrangements based upon the amount of the eventual recovery are available. If someone sues you or makes a claim against you, timely advice may protect you from liability or reduce your personal exposure.

Ultimately, do not be afraid to spend some time with your attorney whenever you have worries or concerns hanging over you. We are here to help you solve problems and get results, and look forward to serving each of our clients with timely and personal attention.

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TIP #2 - HAVE YOU PLANNED FOR YOUR RETIREMENT?

As the population of our area continues to get older, we have found that many more people are giving thought to their retirements and estate planning. Part of a comprehensive plan for retirement is the update of wills, trusts, and other estate planning documents. This may be done in conjunction with accountants, financial planners, and other advisors who can help you identify your needs to be addressed in the estate plan. If you are newly retired or contemplate retirement, we encourage you to consult with us to identify areas of concern and the best ways to accomplish your objectives. Trusts, charitable giving, tax avoidance, family needs, probate avoidance, and business succession concerns are among the issues you may wish to discuss.

TIP #3 - COMMUNICATING WITH YOUR ATTORNEY

When working with your attorney on a legal matter, you can improve the results by following a number of basic steps:

1. Pay close attention to any correspondence and documents that you receive from your attorney. Identify any errors or omissions that may require attention.

2. Make sure your attorney has all of the relevant information to handle your case. Be truthful and complete in your disclosure of the facts. There should be no surprises for your case, if they can be avoided.

3. If your attorney has a legal assistant, much communication can go through him/her, regardless of whether your attorney is immediately available when you call. Establish a good relationship with the assistant, and it can pay dividends for you.

4. Talk to your attorney about those things that are troubling to you on your case. Your attorney will want to help solve your problems and concerns if he fully understands the situation.

5. Every attorney's work involves preparation during times when the client is not present in the law office. He can be more efficient and thorough if you are communicating adequately about the problem and the objectives.

6. Discuss legal fees. Your attorney may prefer to have a signed fee agreement that sets the rates, initiates the representation, and confirms the terms of employment. In any event, you have a right to know and understand the basis for charges relating to work on your case.

7. Be a good team member with your attorney. Remember: you are working for a common objective, and both of you want a good outcome. Help your attorney help you whenever appropriate.

TIP #4 - GETTING STARTED ON YOUR ESTATE PLAN

An estate plan does not need to be complicated or expensive. Some steps cost little or nothing, such as updating beneficiaries on retirement accounts and life insurance. Other steps will take into account your objectives, the amount of property value in your estate, the number and type of intended beneficiaries, and the ease of future management and administration for your affairs. At minimum, you should have a will drawn by your attorney that specifies the persons you want to inherit from you, designates one or more persons to administer your estate, name a preferred guardian and conservator for minor children, establish trust provisions if desired, and make other directions for your estate as needed.

Other basic documents would include a general power of attorney naming someone to handle your business affairs when you are unable to do so, and also an Advance Directive that specifies your representatives and preferences in the event of healthcare decisions, including life or death decisions about artificial feeding and life supports. Organ donation forms, probate avoidance measures such as Transfer On Death directives, and changes in the ownership of your assets may also be appropriate to best achieve your intentions.

Consultation with your attorney can identify necessary concerns and the best means to accomplish your objectives. The cost of this legal work is generally modest, and is well spent as a means to avoid leaving your most important affairs to the general directives of state law.

LEGAL TIP #5 - AUTOMOBILE COLLISIONS

The misfortune of injuries suffered in a vehicle accident can happen to anyone. Clients often ask what they can do to protect themselves when they suffer injuries that require medical care and/or cause income losses.

Several basic points need to be considered:

1. Contact your insurance agent immediately to report the accident and obtain his assistance with filing appropriate claims under your own auto policy. Even if you are not at fault, your own policy will cover related reasonable medical expenses and may cover a portion of income losses if you are unable to work for 14 consecutive days or more.

2. Obtain whatever medical care that is needed, and do so in a timely manner. This will help you on the road to recovery and assure that adequate documentation of the injuries is made. Be thorough in your discussion of injuries with the doctor.

3. Take pictures of any damage to your vehicle from different angles. Photos of the scene of the accident are also useful. If you have any visible bruises, cuts or marks on your body, promptly take photos of these.

4. Keep a journal regarding any daily activities or employment that are disrupted or prevented by the impairment from your injuries.

5. Do not give a statement to the other party's insurance adjustor unless you have an attorney's advice, participation, and consent to the questioning.

6. Make sure you have the names and contact information for all witnesses to the accident. File your accident report with DMV and get a copy of any police report from the department that dispatched the officer.

7. If you are losing income because of your injuries, gather current paystubs, tax returns, work logs, time records, and other evidence of your normal income and lost wages/hours to prove what you would have earned. Also get a doctor's written disability statement for the insurance company.

Your attorney will eventually be able to submit a documented claim on your behalf to the liability insurance company for the responsible party, and your timely attention to these details will assist in the fair recovery of money on your behalf. You will be entitled to recovery for accident-related pain, suffering, anxiety, loss of sleep, physical injuries, interference with normal activities at home and work, lost income, loss of earning capacity, medical expenses, future medical costs, and any losses that can be attributed to the injuries suffered in the accident.

Attorney fees are typically based upon contingent fee agreements. The attorney is paid a percentage of the amount recovered when the money is received. Ask your attorney to explain his contingent fee arrangements, which will give you the opportunity to have legal representation even though you may lack the financial means to otherwise hire an attorney. Representation is often very important, since insurance companies are represented by professionals who have extensive experience in protection of the companies' interests on these matters. You may likely need someone to look out for your interests to assure a fair result.

Rely upon your attorney to look out for your legal interests while your doctor attends to your medical needs.

LEGAL TIP #6 - DEALING WITH MARITAL PROBLEMS

If you and your spouse are experiencing marital difficulties, and either or both of you contemplate divorce, you may likely need the services of an experienced family law attorney to represent your interests. Oregon is a "no-fault" state in which the court will generally give no consideration to fault or misconduct in the breakup of the relationship, and the focus will be directed toward resolution of custody, support, property division, debts, valuation of assets, temporary relief, and other concerns that might be raised by either of the parties. Divorce law is complex and deals with many different procedural and substantive issues, and those with children and/or significant property or income will generally need legal advice to learn their rights, handle document preparation and negotiations, and proceed to trial in the courts if a settlement cannot be reached.

Many divorce cases are concluded by successful settlement negotiations in which the parties have a say in their final outcome and avoid the risks and expense associated with trial. Such negotiations are best handled by attorneys who have documentation relevant to your case and the experience to understand the best alternatives for your benefit. In some instances, mediation service can be useful to facilitate negotiations between the parties. The final settlement documents will help you protect your essential interests after the divorce is concluded and in many instances avoid future disputes or confusion. An inadequate final divorce judgment may dissolve the marriage without protecting your rights in other important matters.

Attorney fees on divorce cases and other family law matters are determined by hourly rates, and the fee will not be contingent upon the outcome of your case. Your attorney will require payment of an intial retainer fee to begin work on the case and cover expenses such as filing and service fees. You may be able to recover reimbursement of part or all of your attorney fees and legal costs from the other party upon conclusion of the case, although courts will frequently require each party to pay their own attorneys.

Other topics within the general category of divorce and family law will be covered at a later date. Kirk Schmidtman has handled cases in this area of law since 1976 and has served as a mediator since 1993.