Posted on August 31, 2012 by Julie Brook, Esq.
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. Continue reading
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 | 7 Comments »
Posted on August 29, 2012 by Julie Brook, Esq.
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. Continue reading
Filed under: New Lawyers, Practice of Law | Tagged: attorney-client relationship, attorneys, client, conflict of interest, declining representation, disengagement | 7 Comments »
Posted on August 27, 2012 by Robert Denham, Esq
Updated 2/22/17. Another 5 years have passed and the State Board of Equalization (BOE) still has not eliminated the loophole that allows property owners to avoid reassessment on a joint tenancy transfer at death to a person not eligible for exclusion as a spouse, registered domestic partner, cotenant, parent, or child of the transferor. As amended in 2013, the regulations continue to provide that tenants-in-common can transfer property to themselves as joint tenants and become original transferors under Rev & T C §65. This means there will be no change in ownership on the subsequent death of a joint tenant. For example, siblings receiving property as tenants in common on the death of a parent may postpone reassessment until the death of the survivor by retaking title as joint tenants. See 18 Cal Code Regs §462.040(b)(1), Example 4; Letter to Assessors No. 2013/044 (Sept. 2013).
Filed under: Estate Planning, Legal Topics, Real Property Law, Tax Law | Tagged: Board of Equalization, joint tenancy, property assessment, real property transfer, reassessment, tenancy | 14 Comments »
Posted on August 24, 2012 by Julie Brook, Esq.
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. Continue reading
Filed under: Employment Law, Legal Topics, Tax Law | Tagged: FICA, IRS, payroll, service charge, taxable wages, tip | 3 Comments »
Posted on August 22, 2012 by Julie Brook, Esq.
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? Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: courtroom, evidence, exclude, jury, remove, testimony, trial, witness | 3 Comments »
Posted on August 20, 2012 by Julie Brook, Esq.
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, New Lawyers | Tagged: client files, pre-trial preparation, trial, trial notebook, trial preparation | 7 Comments »
Posted on August 17, 2012 by Julie Brook, Esq.
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. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employees, employers, Fair Labor Standards Act, FLSA, overtime, wage and hour | 3 Comments »