Month: March 2018

Avoiding the Practice of Law Via the Internet: Sometimes Easier Said Than Done

By Jennifer Gilman

I, like millions of others, have a Facebook account.  I’m responsible with it, as all attorneys should be, and always make sure it passes the “eyebrow test.”  That is, I review all messages before posting to be sure that if my boss, my parents, my rabbi, a judge, the State Bar, my frenemy, and my ex-boyfriend all read the post, none of them would raise an eyebrow. Read More

If You Don’t Have It, You Don’t Get It

By Rick Waite

Thirty-four verdicts in excess of $1,000,000. A $100,000,000 class-action settlement against the largest funeral operator in the country. Former President of the Dade County Bar Association (Miami, Florida). Former member of the Florida Bar Board of Governors. Disciplined. Fit. Adjunct professor at the University of Miami Law School. Ervin Gonzalez seemed to have it all. Until June 8, 2017, when he ended his life. Read More

The Closure of This IRS Program May Affect You if You Have Undisclosed Foreign Assets

Do you have undisclosed foreign assets? If so, you’ll need to learn more about the IRS’ decision to terminate its Offshore Voluntary Disclosure Program (OVDP), effective September 28, 2018. Attorney David Foate of Gresham|Savage outlined the eliminated OVDP and shared other available programs that can assist U.S. taxpayers who run afoul of their reporting obligations: Read More

Anatomy of an Engagement Agreement: An Overview of the Ethical and Practical Imperatives Requiring an Agreement

By Charles Berwanger

You have done your conflict check and are now ready to undertake the representation of a client. For ethical and practical reasons, that representation should be embodied in a written agreement that identifies the undertaking, the terms of the relationship, and all the other facets involved in representing your client. Read More

Technology & Social Entrepreneurship: How one firm uses 501(c)(3) status to serve the underserved middle class.

By Mike Finstad

In 2014, the American Bar Association (ABA) formed a Commission to study the future of legal services in the United States, and a report released in 2016 (the “2016 Report”) cited the legal profession’s resistance to change as an impediment to providing greater access to basic civil legal services for millions of low- and middle-income Americans.1 These individuals and families are increasingly finding themselves priced out of the market for legal services, unable to afford the hourly rates charged by private law firms and attorneys. Even those who can afford a lawyer choose not to, either because they do not recognize their need for legal expertise or because they opt for less expensive alternatives.2 This has led to a growing number of cases where one or both parties go unrepresented in matters that involve eviction, foreclosure, restraining orders, marital dissolution, child custody disputes, child support, debt collection and bankruptcy. Read More

Preparing for Negotiation: A Novel Concept?

By Linda Barkacs and Craig Barkacs

Most people succeed or fail in a negotiation based on how well-prepared they are (or are not!). We adhere to the 80/20 rule – 80% of negotiation is preparation and 20% is the actual negotiation with the other party. The reality is that most people are woefully unprepared when they enter a negotiation. Many business executives describe their negotiations as win-win, only to discover they have left thousands of dollars on the table. Research indicates that fewer than 4% of managers reach win-win outcomes and the incidence of outright lose-lose outcomes is 20%. Even when negotiators are in perfect agreement, they fail to realize it half the time.1 Read More