1What type of law do you practice?
Two different areas of law: · Business Transactions (First Section – below) · Wills/Trusts and Probate (Second Section – below)
1What are “Business Transactions”?
An area of law dealing with giving advice and preparing documents for business owners, documents such as: · Contracts of all kinds · Incorporations and forming Limited Liability Companies · Partnerships and Joint Ventures · Documents for raising working capital · Letter writing and legal representation
2Should I incorporate or form an LLC?
It depends on how likely your business will generate harm to a customer (and be sued—threatening your personal assets) (A transportation service or a food service business is highly likely; a business that produces knitted garments – not likely)
3Which is better for my business, a corporation or an LLC?
Totally depends on the type of business; businesses that are licensed by the state of California cannot operate as LLCs
4How can I get investments of working capital for my business?
Don’t advertise for it; that creates legal (financial) liability for you. You should prepare a Private Placement Memorandum (that includes your business plan) and raise money by a Private Offering
5If I incorporated (or formed an LLC) myself, but don’t have all of the paperwork right, can you correct and complete the work?
Yes (I get them at the beginning or I get them later on, but I get them)
Wills/Trusts and Probate
1What do you charge to write a will?
2Why do you advise people to get a trust instead of just a will?
Mainly to avoid the probate process, which takes six (6) months, costs thousands of dollars and leaves a significant opening for litigation
3How much is the attorney charge for probating an estate?
The fee is set by statute; the attorney cannot charge more than the amount following): Example: On a $400,000 estate: 4% of the first $100,000 of an estate = $4,000 3% of the next $100,000 of an estate = $3,000 2% of the balance of the estate ($200,000) = $4,000 Total $11,000 The Administrator or the Executor of the estate gets the same amount
4What is your attorney fee for preparing a living trust to avoid probate?
$1,500 for one person / $3,000 for married couple
5What amount of assets trigger probate?
In California, $100,000 in (fair market) value
6What experience does your law firm have in probate and estate planning?
I work with a law school-trained paralegal who has 30 years of experience in drafting wills and trusts and orchestrating probate cases
1Do you litigate (take court trial cases)?
2Do you take contingency cases (being paid a percentage of the winnings and only upon winning a case)?
3Do you offer free consultations?
I give everyone the first 15 minutes free; then I charge $300 per hour (a half hour would cost $150)
4Where can I read to learn more about certain areas of law?
Nolo Press law books (which are written for people who are not lawyers); Nolo Press is located in Berkeley, near Ashby at San Pablo
5How long have you practiced law?