These plans claim to provide a basic will and access to an attorney ~ but the plan does not include or pay for an office visit and provides no help in court. If you are a service plan member who wants a Last Will and Testament written, then the plan-providing attorneys often must provide will-writing and an assortment of other services for free. (Never mind whether the attorneys are experienced estate planning, will-writing attorneys – any lawyer can write a will, right)? WRONG. The pressure is effective and the lawyer’s choice is simple: either provide some free services or don’t provide any services at all. So, the attorney will reasonably assess a plan member’s plan-covered services as lower priority and subsequently lower earning. The providing attorneys only make money if the member pays for services outside the plan.

If a lawyer is financially discouraged to provide services for a client, the plan member client may be treated badly. For example see: vinin.gs/PPLComplain. One typical story is that of an employee who tried many different times to set a time to talk with a plan-providing attorney and was finally successful on the last attempt. The attorney told the plan-employee: “I understand you want to write your will, but instead you can just write your wishes down on the paper and put it in a safe place. Your wishes will be followed.” That doesn’t sound like legal advice to me.

If the providing attorneys see plan members as discount clients, then that client becomes a lower fiscal priority compared to other full-paying clients. I know this from what people have told me, from personal experience as a former providing attorney, and from basic business sense.

Lawyers are still necessary for many legal functions. It is still necessary for attorneys to be paid for their services. If lawyers are paid at a discount, then lawyers will likely give priority to non-discount clients. The job of any attorney is to be an advocate, facilitator and counselor for the client, but if you approach an attorney as a discount client, the attorney will treat you and your issues in a discount manner. Do you really want to take shortcuts when grappling with important legal issues affecting your family or business?

Presently, the State Bar of North Carolina and LegalZoom are locked in a lawsuit after the State Bar issued a cease-and-desist letter basically stating LegalZoom was practicing law without a license. The North Carolina Bar has investigated the issue since 2003 after a complaint was filed by the State Bar’s Unauthorized Practice Committee. For LegalZoom, it’s an all or nothing proposition: they and other legal plan companies could be banned from operating in North Carolina if they lose the suit. That may be the first domino. The Virginia State Bar has also received complaints regarding LegalZoom and its practices.

From my own experience working with one of these Companies, the sales representatives will charge as much as three times the market rate for organization of a corporation. For example, one plan member was charged over $1000 for a basic corporation setup and then additionally charged $500 to file the company as an S–Corp. In reality, the actual going rate for assisting in the set up and filing of most types of basic corporations is $500. The S–Corp filing should run about $150.

It will be interesting to see what the future holds for these legal plan companies. Consumers should have a choice. I do know there is an answer to the way in which legal services are provided to large groups. But the concept is too great to explain in the little space I have left. Please be watching for future articles and sign up for our newsletter at bit.ly/MLFNews as we break news, provide insight and make announcements. Stay tuned and you can benefit too.

Knowing that fewer than 50% of the American population able to draft and sign a will or a power of attorney actually have one begs the question: “why is that?” I think about this question a lot because I have a trusts and estates law firm focused, in part, on helping people draft wills or trusts, and helping families deal with the legalities and transitions related to a family member’s passing. I reckon getting behind the reasons why individuals with kids, marriages and assets hesitate and often fail to get their wills, and/or related papers, will enable me to help the most people.

Given a chance to talk to the majority of people who have no will or estate plan documents, I’d ask: do you understand that if you expire without drafting a will, you have told the State of Georgia that you have chosen to be intestate and to have your assets and legacy pass to your survivors by the state’s intestate code? If intestate and you have no children, no siblings, and are out of touch with any relations; your assets and everything else will likely be taken (escheated) by the state.

The obvious reason to delay estate planning is the fear of death. To be sure, a will-signing ceremony properly conducted is an acknowledgment of one’s mortality; but, if anything, I see an awareness and content peacefulness about my clients at the time he or she sign estate planning documents. Moreover, the clients are quite aware of the mess they’d leave behind if they were hypothetically hit by a bus tomorrow. Figuratively, that’s maybe what it feels like when you, the patient, are delivered the potentially terminal diagnosis. Nevertheless, “life is a terminal condition” (a truism garnering more than 3 million hits on a Google search.) So, take it in stride. Plan for it. Once you’re beyond the Realization, please understand the estate planning you do for yourself is actually more an act of giving to those you leave behind.

If you have a Will or Trust or a power of attorney or an advanced directive for healthcare – CONGRATULATIONS! You are in the wise minority that do have some, or complete, estate planning documents. You are ahead of the pack. If your plan was prepared by a trusts and estates attorney, then your plan should be well-suited to your current needs and lifestyle. Even if you did not get your estate planning documents from an estates lawyer (by do-it-yourself trust, will kit, will from a lawyer friend, trust from non-law firm, an Internet will form, etc.) it is better that you have something in place in case the worst happens.

So, if you DO know the worst will happen, then it’s just sensible and prudent to plan for it before you’re no longer able to plan.

Robert S. Meyring offers free 10-minute phone consultations at 678-217-4369. Mr. Meyring is an Emory attorney whose practice areas include estate planning, wills, trusts, probate of estates, litigation and related general practice and business matters. The Meyring Law Firm website is www.meyringfirm.com

Maybe the better question is to ask: what is the “world” in which I can make a difference? I’ve observed that many people believe you need to be a Ray Croc, Mark Zuckerberg, Bill Gates, or Mother Teresa in order to create change. Why is that? Maybe it’s the belief that if a person is going to make a difference in the world, that person must actually affect the whole world – but nothing could be further from the truth. I ask: What is the “world” with which you interact? Isn’t it your family, neighbors, work, e-mails, text messages, postings, friends, your faith, and community? There are blatant opportunities to make a positive difference in the lives of people with whom you interact and communicate – every single day. Here’s one suggestion. It’s inexpensive and yet, one of the most powerful actions you can take. Try a smile and a square look into the eyes of the person with whom you’re speaking and say something nice about them, or about what they’re wearing, or at least wish that person a good day and I’ll bet you the nice thing that you said (along with the look and the smile) will make that other person feel better than they did before. Here’s that idea once again in two words: “be nice.” It doesn’t cost anything. And presto, you have made a positive difference in someone’s world.

That’s just the beginning. Do you contribute to your community, your place of worship, make donations, help your neighbors or give your time to those who need it? Any one of these actions could make a difference but the trick of it is the actual doing of things that make a positive difference in this world. It’s not sleight of hand or silver of the tongue; it’s the actions that speak louder than words.

Notably, there’s not an actual obligation to create positive change. That’s one of the wonderful freedoms we have as Americans. In my humble observation, it does seem that charity and goodwill is currently in short supply and subject to seasonal fluctuations, respectively. Granted, people have noble aspirations to change the whole world for the better, but maybe for today it would be a little easier for a person to make a difference by taking the action of being the next good Samaritan rather than passively dreaming of being the next Mahatma Gandhi.

Like it or not as a member of society, during your lifetime, you will effect change in your family, local community and through your daily interactions. When everything is stripped away and health is the only thing a person has left to value, most people would prefer to reflect upon their lives with appreciation and not regret. Death visits every family and the transitions, though painful, can either leave behind an unplanned mess for the grieving family or a worthwhile legacy for generations to come. Good or bad you will leave behind some sort of legacy. What will it be? The choice is yours.

Robert S. Meyring, of Meyring Law Firm offers free 10 minute phone consultations at 678-217-4369. The Meyring Law Firm is located 200 feet east of the railroad crossing on Paces Ferry Road, Atlanta. More information at www.MeyringFirm.com.

Did you know that lawyers are not allowed to split legal fees with non-lawyers? It’s true. It’s actually one of the most basic rules of lawyer ethics: No fee splitting with non-attorneys. If a non-lawyer friend of an attorney asks for any portion of the fee from a contingent fee legal case, that’s a bad situation. The “friend” is asking for an unethical fee split or a kickback. Either way, if that money is paid to the friend, that attorney’s license to practice law would be properly revoked and the attorney disbarred.

The unethical practice of “capping and running” occurs when lawyers hire non-lawyers to sign up new clients. It can and does result in disbarment for the attorney as it did last month for two veteran Georgia attorneys Steven F. Freedman and Thomas C. Sinowski, partners in an injury law practice. The state Supreme Court disbarred the two attorneys stating “[We] consider their offenses very serious,” noting the two lawyers had admitted violating ethics rules against paying for client referrals and splitting fees with a non-lawyer. “Their conduct was egregious…Their scheme was highly organized and very lucrative; and it was not short lived. They were motivated by greed and they are not remorseful.”

From the time I began practicing law, right up to the present, I find ethical questions and integrity challenges happen every day. How those questions are answered form the public reputation of the law firm and the ethics of the Firm’s attorneys.

*Robert S. Meyring, offers free 10 minute phone consultations with an attorney at 678-217-4369. The Law Firm is located 200 feet east of the railroad crossing on Paces Ferry Road, Atlanta.

Have you ever wanted to start your own business and found it’s not as easy as you thought? You may have a great idea but how exactly do you turn that idea into a profit-making business enterprise? Ideas are great, but the reality is that “doing business” is the creative expression of your ideas into goods or services that people actually want, need and will buy. Usually people operate a business as a corporate entity; other times people may earn a little cash on the side or operate as a sole proprietorship. When should a “little cash on the side” be turned into an official operating corporate entity? When I Google the question “how do I start a business?” there are 1 ¼ billion search results.

Have you ever been pulled over for no good reason, wrongfully given a ticket or even jailed for DUI? Or have you been sued or needed to sue someone because they hurt you, caused you financial loss, or said something untrue about you? It should be simple to defend yourself or to file a lawsuit on your own behalf, but it’s not. Sometimes, if you file an answer to a complaint on behalf of your own business, your answer could be dismissed and there could be a judgment against your business. In a lawsuit, DUI, accident, or a death, the need for a lawyer is immediate and most efforts of the non-attorney to “do-it-yourself” in the courts are statistically disastrous. When I Google the question “how can I be my own attorney?” I get 6.65 billion results.

So, who can you trust? Though lawyers are often blamed for the complexity of issues in our lives, in my experience, successful people use the services of lawyers constructively when planning life time decisions, starting or growing a business, and defending or prosecuting in court. The times a lawyer is most needed are times of complex legal issues and life-changing events. Dealing with these issues on your own is often foolish, costly, and paid in terms of larger fines, penalties, judgments, failed businesses, divided families, and especially lost opportunities.

In my humble observation, many attorneys don’t realize that clients actually go through some degree of effort just getting to the point of trusting their lawyer. The first paid words out of the lawyer’s mouth should be a plainspoken explanation of what that attorney can do to advocate, facilitate, litigate, or assist in the resolution of the client’s issue.

When it comes to hiring an attorney, I can’t answer the question: “Who can you trust?” But I can say, just like with any other professional service, ask friends for recommendations, search the lawyer’s reputation and profile online, and trust your “gut” when you speak with that lawyer. Do you understand what they say? Do they call you back? Have they made your life easier? If the answer is “no” to any of those questions, it may be best to find another attorney that you understand, that calls you back, and delivers services in a manner most convenient to you.

When you find the right lawyer, you’ll know it in your gut.

Season’s Greetings and Happy New Year from the Meyring Law Firm!

We moved into a new office last year located on Paces Ferry Road about 200 feet from the railroad tracks. We hosted a couple of Oktoberfest themed open houses in October of 2011 and October 2010. All clients and friends of the Firm are invited to this annual event.

We are growing in practice areas and staff. I continue to write a regular column for the Bright Side News™ and have again begun publishing pertinent articles in Our Town Magazine.  A compilation of my articles, accumulated over the past six years, will be available soon.

Also, we completely revamped and restyled our website. Feel free to look around and tell us what you think.

Again, we wish you all the best during this holiday season and a healthy and prosperous New Year!

Warmly,

Robert S. Meyring, the attorneys and staff of the Meyring Law Firm

Most people believe attorneys are in practice mainly for the money. I have asked many attorneys and students why they chose the legal field. Many said it was a reasonable financial decision. Most lawyers endured about 20+ years of uninterrupted education and a bar exam to get to the point of being an attorney. Truly, a worthy accomplishment, a marathon of effort, and often, the primary motivation for their decision to become a lawyer was financially based. Nothing wrong with that.

I have met one other attorney, maybe two, who said his or her decision to become a lawyer was a calling and a devotion to the idea of serving a higher purpose, a greater good, and making a positive difference through service. In practice, I’ve found many attorneys who actually do have a sense of mission about their legal work and others that give back to their community through volunteer or pro bono legal work on a regular basis.

Recently, I have mentored law students from my alma mater, Emory Law. These students ask questions which force me to explain how I practice law. As an attorney today, I always try to see my Firm’s legal work from the skeptical client’s point of view. I’ve learned to practice law by actively seeking out and emulating the attorneys I admire most. I’m professionally attracted to attorneys that serve clients first over money, that are unyielding in their honesty, and act as a force of good in everything they do.

by Robert S Meyring

In this season of Thanksgiving, I wish to provide pointed pieces of advice for navigating and surviving through the Thanksgiving holiday. Sometimes it’s hard to reflect and think of the blessings in your life if facing the fear of foreclosure, unemployment, or uncertainty about the future. Other times it may be easier to be thankful for what you have. So, if life is like a bowl of cherries or even if your “life bowl” is filled with something else not as sweet, realize that in the end, what people often value most is the time they have while they are alive – and money cannot buy more time.

Many people spend this holiday with family, often getting upset with relatives and resurrecting grievances with siblings rooted several years or even decades in the past. Did you know that almost 10% of all Thanksgiving deaths by heart attack are the result of family arguments? Well that’s actually not true, but I want to capture your attention to the fact that there are a couple of things you can do to stop from getting so upset when the family gets together for the holiday. Beyond that, these tips may help you live longer – which no amount of money can buy.

First remember what your mother said: “If you can’t say anything nice, don’t say anything at all.” It sounds simple but you know it’s not. Restrain yourself even if you are under verbal assault. Realize that your non-nice words, even if correct, may have the effect of making the situation worse. Try telling the offender something nice even if it is not true; it may be disarming and allow the subject to change. Many people are just trying to make it through the day anyway.

You can actually stroll around through life, outside of Thanksgiving, and apply that expression about saying nice things, and find you will experience less stress. With less stress often comes a longer and more enjoyable life.  None of this is new to you, but reminders can be helpful. Enjoy your holiday.

The Federal Government has narrowly-drawn sentencing guidelines for federal crimes.  Georgia does not.  These guidelines are quite specific in calculating a sentence, and the range is pretty narrow with little left to the discretion of the District Court judge.  The federal guidelines were mandatory for years, until the U.S. Supreme Court ruled that they can only be used as suggestions, not commandments, out of concern for defendants’ rights.

Georgia law does not have sentencing guidelines, but instead most crimes carry a very wide range of possible punishments. Aside from the ranges listed after each crime in Title 16, we also have criminal procedural laws found in Title 17. Together they usually offer a lot of different options for very gentle treatment or enormously long sentences.  Georgia judges have almost unlimited power when it comes to sentencing.

I have a problem with the incredibly long periods of incarceration that are allowed for so many crimes under Georgia law.  For example, the definition of burglary is very broad, ranging from breaking into your home while you’re sleeping to stealing your chainsaw from  an unlocked storage shed in the back yard.  Yet our law allows up to 20 years in prison for any and all variations of burglary.  There’s nothing in the law that mandates that somebody with no prior criminal history must be given less than a full 20 year sentence. Indeed, such a sentence is possible, though not likely.  But what about the First Offender Act, you might ask? Well, being treated as a first offender under that Act is a privilege, not a right.  The judge can refuse to let the defendant be sentenced as a first offender.  And even if that first-time felon was given First Offender treatment, the sentence can still be for a prison term rather than probation.

Burglary is generally a serious crime.  So let’s look at a non-violent white collar type fraud crime like forgery.  Forgery can result in consecutive 10-year sentences for each and every counterfeit bill or stolen check that is passed. Those 10-year terms can add up to a life sentence for a non-violent property crime, and it is a very common fact pattern in forgery cases that the offender will have stolen or printed numerous checks or Federal Reserve Notes, not just one. With each individual bill or check or note being a separate crime, even though part of one unbroken and uninterrupted course of conduct, the possible maximum sentence a forger faces can be enormous.

Although few defendants get the maximum possible sentences, prosecutors can threaten to recommend a maximum sentence to the judge if the defendant doesn’t plead guilty and agree to a long prison term.  This gives prosecutors a lot of power and leverage they can use to get defendants to waive their right to a trial.

Suppose you witnessed a crime or know about ongoing criminal activity.  You plan to call 911 and report it.  Here are two suggestions, coming from my perspective both as a private-practice attorney and former prosecutor for the State. If you follow these tips, the information you provide will be considered more accurate and more trustworthy than normal, and it will increase the odds of law enforcement officers being able to stop the problem and prosecute it in court later.

ONE:  If you’re reporting a crime or  an emergency situation, about something you just saw or heard just before you grabbed the phone, tell the story to the 911 operators twice.  First, tell them the short version that focuses on the main point of what the current problem is and what they need to do about it.  An example would be if you witnessed a man punch another man at a bar and knock him out. The short version is that one man is down and seems to be injured, that he was punched in the face or head by another man just a minute ago, and that the injured person is located inside the Fictional Bar and Grill, located off Big Highway Exit 22 at the intersection with Deceased Community Leader Drive.   The long version will include the above information too, but it will also give some background information about what the men were doing or how they were behaving before the fight, and exactly what you recall as far as a blow-by-blow narrative of the incident, and then it should finish with a full description of the suspect and where he is now or how and when he left the scene. The reason it is important to give details in your 911 call is that it will be easier for attorneys to find an exception to the hearsay rule and make better use of the information you supplied. What the Federal Rules of Evidence call the “present sense impression” hearsay exception is known in Georgia as the “res gestae” rule, which means that it is not hearsay if you are describing how something is happening or just happened so recently that the law presumes your comments are spontaneous and honest.

TWO:   If you’re reporting the kind of crime that will not be immediately obvious to the law enforcement officers who show up at the scene, try to give enough detail about the offense and what you know about it so that the officers can have at least “reasonable suspicion” of the crime–if not the higher level of “probable cause”– just from your report.  Don’t be an anonymous tipster whose veracity (truthfulness, honesty) and basis of knowledge (how you came to know the things you say you know about) can be doubted.   Tell  the 911 operator your name, address, and explain (briefly) where you learned or observed the things you are reporting, and why you think it shows a crime was committed.  If you give the officers enough information that appears to be of good quality from a reliable source (you), they can pull over vehicles or detain people for questioning. But if your tip is seen as anonymous or otherwise untrustworthy, this will limit the steps the officers can take in their investigation. They might be forced to stay away from the suspect and observe from a distance, looking for signs of suspicious activity that they see for themselves.