I've often been asked what I, as a licensed attorney, can provide that an internet company or paralegal cannot. Potential clients meet with me during the "no charge" initial consultation, only to ask - always at the end of the meeting - how much do you charge? After providing my fee, I often hear in reply, Wow! I saw an internet advertisement for the same work at a much lower price. Why should I retain your services?
I often explain to others that legal counseling is similar to gardening or automotive services. Anyone can tinker with their garden, taking the time to purchase plants, soil, fertilizer, and the equipment necessary to plant and cultivate the garden. With the proliferation of home improvement stores, obtaining recommended soil, fertilizer, and equipment is oftentimes, simple to obtain in response to an initial inquiry at these stores. However, the time and commitment thereafter spent in the yard, as well as specific techniques that will allow for better cultivation and growth, are often not as well regarded as by an experienced gardener or landscaper. Sure, some people are better gardeners than others, and may take the time to learn the "trade". Some people enjoy gardening and use it as a hobby.
Similar to gardening, automotive services can be achieved by the auto owner, though auto makers are making this more difficult due to the increasingly complex computerized system operating the car. Simple tasks such as fueling the car, changing the oil and other fluids, or replacing wiper blades, can be done by the owner. Some owners have even learned the trade of taking apart engines and replacing certain parts.
Most of us, however, while we may tinker in the garden, or be able to change the oil in the car, do not want to take the time to spend cultivating our garden or determining why the engine light came on. We hire professionals to do these tasks for us. True, we can go to the web for answers, but I think most of us still hire a professional gardener or take our auto to a professional service center rather than do it ourselves.
Same idea with legal services. Being "in pro per" - ie, representing oneself in a legal matter - can be less expensive initially; one may be able to complete simple tasks or, if one wishes to spend the time learning how to do things, could represent oneself on more complex legal matters such as litigation. However, the time away from one's life learning the "trade", in addition to the knowledge that an experienced attorney has obtained over the span of his/her career, cannot be underestimated. The true cost - loss of time and possible requirement that the self-representation is costly in other ways - can often be much higher than the cost to pay an experienced attorney to handle the matter from the outset.
In life, you tend to get what you pay for ... not always, and competition in the legal field is fierce. But, having an experienced attorney represent you on a legal matter is likely going to provide you with satisfaction that the matter is performed well, that your time is committed to what you know best, and that the money you provide is money well spent.
What are your thoughts??
-- Abe
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A quick wish to all for a safe, peaceful, and memorable holiday season! I wish you all success in the upcoming year!
As we know now, Joe Paterno, Head football coach for the Penn State Nittany Lions for nearly 50 years, is over. Paterno was terminated last night, not because of any issues arising from his team's performance on the gridiron, but from Paterno's lack of responsibility in failing to report the sick crime committed by one of his closest confidants against a small 10 year old boy. Paterno's legacy ... as one of the greatest college football coaches to ever walk the sidelines has been tarnished, perhaps permanently by this lack of judgment, which I will delve deeper into below.
As reported over the weekend, a grand jury indicted Jerry Sandusky on multiple counts of sexual abuse committed against at least fifteen young boys that appear to have been in a program called the "Second Mile", a program to assist troubled kids. Sandusky was a leader in the program, and the fear that there may be several more victims out there remains. The allegations are graphic, and contain vivid details of Sandusky preying on young boys between at least 1994 and 2009. One of the most graphic instances arose on a Friday night in 2002. A graduate student had entered the locker room area to put away some clothes, only to discover that the lights remained on and the shower was on. As he approached the showers, he heard a rhythmic slapping sound, and as he turned into the doorway, he saw Sandusky naked behind a young boy, about 10 years of age, who was naked and had his hands against the wall while Sandusky repeatedly sodomized the boy. The grad student turned and ran, scared. He did not report the crime to anyone that evening other than his father by phone. The father did not report the crime. The next day, the grad student approached Joe Paterno and told him what he had seen.
Paterno - a long time close friend of Sandusky, who had coached with Paterno for years until his retirement in the late 1990's - must have felt the strong pull of integrity and to do the right thing ... Unfortunately, in the end, while Paterno did report the matter in some degree, the report was verbal and only to the Penn State Athletic Director and another school administrator. Paterno did not contact the police. Paterno did not follow up with anyone after the matter seemed to "die down". Paterno allowed the matter to ultimately recede away as though it had never occurred. Did Paterno even ever go to Sandusky to inquire into the matter? I think we may find out.
Paterno, clearly was torn between his honor to a trusted long time friend and the integrity necessary to turn his friend into the authorities. Paterno's teams were always revered around the country for their strong character, the commitment to academics and to a certain quality that Paterno tried to instill in his players - that of maturity and integrity. And yet, after so many years of teaching these qualities to his players, it appears that Paterno lacked the resolve to commit to such conduct himself.
What would you do if your closest friend of more than 30 years (heck, in this case, likely 45 years) was seen committing a lewd act with a minor, and you became aware of it after it had occurred, but before any other authority had been told of the conduct? Could you turn your friend into the authorities? Would you at least report the crime anonymously? Would you follow up with officials once you reported it to the administration?
I believe that Joe Paterno's legacy as a great football coach remains in tact ... his legacy as a college football coach however, where teaching your pupils how to deal with life's problems with maturity and integrity is the primary lesson, has been permanently tarnished by his moment of indecision and ultimate lack of judgment.
What about you? What are your thoughts?
You are an owner of a home and you decide that the home's kitchen counter-top should be granite rather than tile, so you contact your friends, who refer you to a top notch general contractor (who importantly is licensed) and you and the GC enter into a contract for a full kitchen upgrade - new cabinets, plumbing, counters, sink, flooring, and appliances. Great! In the contract, you learn that the GC may hire subcontractors to perform some of the work. The total contract price is $50,000.00, to be paid in installments of $1,000 down, $6,000 after week one, $15,000 after week 3, $15,000 after week 4, and the balance $15,000 on completion.
15 days prior to the anticipated project start date, you receive 3 Preliminary 20 day notices from 3 separate subcontractors: the flooring subcontractor, the plumbing subcontractor, and the electrician. The work starts and, at each pay period, you make the appropriate payment to the GC. The project is delayed about 3 days, but basically looks great! You make your final payment and that's that, right?
Not so fast ... 5 days later, as you are sitting in your new breakfast nook going through your mail, you discover 2 letters that seem legal; upon opening them, you discover that the electrician and the plumber have recorded mechanic's liens on your property, the electrician for $2,500.00 and the plumber for $7,500. You paid the money to the GC ... now what?
A subcontractor who has filed a 20 day Preliminary Notice may record a mechanic's lien on the property where the work was substantially performed. Pursuant to California Civil Code Section 3114, the 20-Day notice is a prerequisite to recording the mechanic's lien for any construction worker who works on a property without a direct contract with the owner of that property (a GC can record a lien without providing 20 day notice). California Civil Code Sections 3115 and 3116 provide that a mechanic's lien must be recorded not later than 90 days after substantial completion of work by the particular contractor (or subcontractor) or 60 days after a Notice of Completion has been recorded.
Thereafter, the contractor/subcontractor has 90 days from the date the lien is recorded to enforce the lien by filing a lawsuit. Otherwise, the lien becomes null and void (Civil Code Section 3144). In such case where a lawsuit is filed, the court has jurisdiction to foreclose on the subject property to insure payment of the amount identified in the lien.
So, what should you as the owner do to avoid such serious consequences? Tune in to my next post!
Have a Great Day!
Have you ever hired a general contractor to remodel your home? Did you ask your contractor about any subcontractors who may be hired to assist the contractor? Did you realize that a subcontractor has the right to record a lien on your property should the general contractor not pay the subcontractor for work completed at your property?
In California, any improvement contractor hired by an owner (or on behalf of an owner) with respect to improving the property may file what is known as a "mechanic's lien" as a security should the contractor not be paid for his services. Normally, an owner hires a general contractor ("GC") to handle all of the work in consideration of a specific or approximate monetary sum paid directly back to the GC. However, the GC often has the authority to hire any subcontractors - plumber, electrician, drywall, concrete, flooring - to assist in the project. Should the GC hire any subcontractors, the GC is responsible for paying the particular sub(s) from the total amount paid by the owner. What happens when the GC does not pay the subcontractor?
The sub has certain rights, including the right to record a lien against the property. However, to do so, the subcontractor must follow certain statutory requirements. In California, these requirements are identified in California Civil Code section 3097 as well as Civil Code sections 3082, et seq. In summary, a subcontractor must provide the owner with a "Preliminary 20-day Notice" - this form must specifically identify the subcontractor and his contact information, a general description of the work to be performed, the site location, who retained the sub, and an estimate of the price for the work described. In addition, the sub must include some specific language set forth in Civil Code section 3097 and serve the notice on the owner and the contractor. Service must be within 20 days from the start of the work to be performed. Should it not be within 20 days, the sub may still serve the 20 day notice, but can only seek enforcement of a subsequent mechanic's lien for the price of work performed within the 20 day period immediately prior to the service of the notice.
Thus, an owner must be careful to insure that the monetary funds paid to a GC are, indeed, being distributed to the subcontractors engaged by the GC. One method of insuring that a GC pays his subs is for the owner to make any payment payable to both the GC and the sub.
I will discuss the next step - recording a mechanic's lien - in my next posting.
Until then, have a great day!
As I mentioned at around this time last year, as we close out the year, and begin a new one, it is a good idea to look back at the past year and see what went well, what approaches worked, and whether we need to tweak those approaches or do a major overhaul as we look to better ourselves in the coming year. From a business perspective, I suggest to clients that they look at how they transacted business both internally as well as externally. What contracts need to be reworked? Have any recent laws been enacted that require you to modify current procedures? Have you added new employees? Have you decided to engage a new customer base? Are you rolling out a new product or service? Are you expanding? Are you contracting or winding down the business? In an effort to cut costs, what legal effect does this have?
My guess is that most businesses are feeling cautiously optimistic about 2012 and 2013, though financial constraint continues to keep expansion limited. Small business growth, especially, has been minimized due to the inability to acquire business loans. So, what does the small business do to stay afloat and otherwise position itself as a formidable business in the upcoming year?
I suggest taking a look at each sector of your business, and begin to categorize and prioritize changes to your business now, so that, at the turn of the year, you will be a step ahead of your competitors.
Have a Great Day!
PS - My prior blog, www.salenlaw.blogspot.com, is technically still active. However, I am moving permanently over to posting articles on my website blog, so further posts to my blogspot.com blog will be much fewer and far between.
HAPPY NEW YEAR!
With the New Year, I've decided to take a stab at getting my website back on-line. Please bear with me as I work to construct my new website, which I hope will provide my clients, friends, and the public with useful information regarding my practice as well as legal insight that affects us as we integrate with those around us.
A quick word about me: I have been an attorney for a bit over 15 years, exclusively in Orange County, California, though I have clients throughout the United States. I focus my primary practice on assisting small growing businesses in the day-to-day legal compliance that affects their businesses.
For instance, I assist clients with the start-up of their business - entity selection, formation, and initial business legal matters; I help negotiate and draft contracts that protect my clients' interests as well as to insure that their businesses operate without ambiguity. I also assist clients resolve disputes with third parties, including representing these clients in lawsuits, from inception through post-judgment appeal. I have participated in hundreds of mediation, arbitration, and related alternative dispute resolution conferences.
I also represent a wide array of clients on real estate transactions, including owners, buyers, sellers, agents and brokers, property management, homeowner associations, landlords, and tenants. Again, I assist both from non-litigious position as well as when problems arise, and litigation in some form may be required.
Finally, I represent clients with respect to construction matters, both owners as well as construction-related entities on all facets of construction law, and have assisted contractors both in the day-to-day operation of their businesses - construction contracts, stop notices, mechanic lien enforcement, and collection - as well as in construction defect litigation.
With this as a background, I look forward to providing my readers with insight on the law.
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