If you are skilled and fortunate enough to get a nice monetary recovery for your client in an employment case, you need to understand what part of that recovery is taxable. From your client’s perspective, this issue will be critical. (more…)
Filed under: Employment Law, Legal Topics, Tax Law | Tagged: damages, employees, employers, employment claims, employment lawsuit, gross income, IRS, judgment, recovery, settlement, tax, taxable income, wrongful termination | 4 Comments »
It may seem hard to believe for those scrambling for clients, but there are times when you will need to turn down a case. When you find yourself in that situation, a simple “no, thank you” will not suffice. (more…)
Filed under: Practice of Law, Young Lawyers | Tagged: attorney-client relationship, attorneys, client, conflict of interest, declining representation, disengagement | Leave a Comment »
After a 5-year delay, the State Board of Equalization (BOE) is again moving to eliminate a loophole that allows property owners to avoid reassessment by the transfer of joint tenancy interests through a trust to a person not eligible for exclusion as a spouse, registered domestic partner, parent, or child of the transferor. (more…)
Filed under: Estate Planning, Legal Topics, Real Property, Tax Law | Tagged: Board of Equalization, joint tenancy, property assessment, real property transfer, reassessment, tenancy | Leave a Comment »
You may think that the 20% tip you leave when you are out for a romantic dinner for two is the same as the 18% service charge the restaurant adds to your bill when you have a celebratory dinner for eight, but there’s a difference. A new IRS ruling shines a light on this sometimes confusing area. (more…)
Filed under: Employment Law, Legal Topics, Tax Law | Tagged: FICA, IRS, payroll, service charge, taxable wages, tip | 3 Comments »
One more trial decision for you: Do you want to keep nonparty witnesses out of the courtroom while other witnesses testify or let them stay and listen in? (more…)
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: courtroom, evidence, exclude, jury, remove, testimony, trial, witness | Leave a Comment »
Being effective at trial requires the highest level of organization and preparation. Any disorganization or unpreparedness will show, and it can undermine a case. The best time to start organizing trial materials is when setting up the files at the inception of the case.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Young Lawyers | Tagged: client files, pre-trial preparation, trial, trial notebook, trial preparation | 5 Comments »
A recent study by the law firm Seyfarth Shaw discussed in The Blog of LegalTimes shows a steady increase in wage and hour suits brought under the Fair Labor Standards Act (FLSA) over the last few years. Seyfarth partner Richard Alfred explains the spike as due to the bad economy; those who lost jobs are looking at their legal options. And he doesn’t see an end to the increase any time soon. This presents an opportunity for those attorneys who are up to speed in this area. Here’s an overview of the FLSA to get you started. (more…)
Filed under: Employment Law, Legal Topics | Tagged: employees, employers, Fair Labor Standards Act, FLSA, overtime, wage and hour | 1 Comment »
Whether you are drafting a contract or a brief, be conscious of and avoid sexist language. Sexist language can be distracting and/or offending, and may even turn off your reader to your content altogether. (more…)
Filed under: Legal Writing, Young Lawyers | Tagged: biased language, contract drafting, gender-neutral language, legal writing, sexism, sexist language | 6 Comments »
When an attorney is also acting as the trustee, there are very specific limitations on the attorney getting compensated both as counsel and as trustee. It may seem like an efficiency to have a two-for-one situation, but it may end up being double the work for half the money. (more…)
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: attorney fees, Estate Planning, trust administration, trustee, trustee compensation, wills and trusts | Leave a Comment »
Being new to law practice can be scary. The first time you enter a courtroom, or even a deposition, can be very intimidating.
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Filed under: Practice of Law, Starting a Law Practice, Videos, Young Lawyers | Tagged: law practice, new attorneys, solo practitioners | Leave a Comment »
