Advanced Planning -- The Emotional Toll
In my last post, I discussed the importance of advanced healthcare planning. It can be as simple as preparing an advanced directive or health care power of attorney. In this document, you declare your intentions regarding various health care decisions, such as whether you would want artificial nutrition and hydration to prolong your life in the hospital. (Financial planning is important too! It can be as simple as adding a beneficiary's name to your house, bank accounts, and retirement plans to avoid probate, writing a living trust, and having a simple will.)
Meeting with a lawyer and getting a signature of an elderly parent in a hospital, nursing home, or even in their own home can be stressful; I advise that you be prepared. After all, we'll all be there some day and it gives peace of mind to know that you have taken the decision-making burden off your family. That sounds logical, right?
My parents did all those things. They made their own decisions. They took the burden off us kids. But I was still not prepared for the emotions attached to producing their documents for actual use by medical staff. Sure, I had prepared their health care directives myself and felt sure that the documents reflected my parents' wishes. But the act of handing that paper over to a health care provider made the situation real. At the time we wrote them, it was easy to say that my parents didn't want "heroic measures" taken to keep them alive, but it was another matter to realize that those same "heroic measures" they didn't want would be the same ones that would keep them here with us a little longer.
Now, as I watch my father being placed on hospice, I am struggling with these decisions. The hospice worker reviewed the documents I prepared and reminded us that if a time comes when my dad needs heroic measures (including something as simple as CPR), we cannot call 911. We must follow his wishes and allow him to die peacefully.
I know I am not as level-headed and detached now as I was when I assisted my parents with their estate planning; I am grateful that we took care of this ahead of time.
As you begin your estate planning, it is important that you be able to think clearly and rationally, which is much more difficult when surgery, hospitalization, nursing home care, or death is imminent. It is also less frightening.
Frequently our clients admit that they have put off their estate planning because it scared them to face the idea of their own deaths, but most express a feeling of relief when they sign their papers - wills, deeds, trusts, and powers of attorney. They know that their wishes will be honored and their loved ones won't have to worry. It's all about peace of mind.
Friday, March 16, 2012
Thursday, March 8, 2012
Series: The Law In Our Lives
Advanced Planning -- Be Prepared!
For twenty years I have offered legal advice to clients regarding the importance of writing a simple will, a health care directive, and a durable power of attorney before a crisis arises. It wasn't until my own parents began experiencing health problems that I realized the true wisdom of my own words.
Both of my parents were hospitalized several times during the last few years. Each time, they were asked whether they had an "advanced directive." Luckily, I had assisted them with this many years ago. After discussing their wishes regarding distribution of their property, nursing home care, and life-prolonging measures such as artificial nutrition and hydration, I designed a straightforward estate plan including the following:
Like many of my clients, my parents were crystal clear about their feelings regarding these issues and were wise enough to express those feelings in a legal document. These pieces of paper may seem insignificant, but they constitute the "clear and convincing evidence" of my parents' intent that the courts require in order for their wishes to be carried out.
Each time they were asked to do so, my parents obediently (and rather proudly) produced their original health care directives for copying. We always put them back in their refrigerator drawer for safekeeping afterwards. (In case of a fire, the papers will probably survive. Safe deposit boxes and fire-proof safes work great if you have one, but if not a fridge is a good alternative. I recommended a safe deposit box to my parents, but it's actually easier to get at the papers if you just reach behind the lettuce!)
Nearly everyone I have talked to feels strongly about whether they would want treatment which might prolong the dying process. Many are adamant that they do not want to be kept alive on a ventilator or with artificially-supplied food and water. However, most clients also admit that they have not taken the crucial next step -- putting their wishes in writing. I cannot count the number of times a client has dashed into our office requesting that we prepare a legal document immediately, because they (or a parent, grandparent, aunt, etc.) is having surgery, going into a nursing home, or dying. The added stress this causes is evident on their faces.
My advice is that you do not put yourself or your family members in that position. Instead, take the time to sit down and think about what you want without the pressure. Then speak to an attorney who will advise you of the best way to accomplish your goal. We, like many attorneys, would be happy to discuss the procedure and costs.
For twenty years I have offered legal advice to clients regarding the importance of writing a simple will, a health care directive, and a durable power of attorney before a crisis arises. It wasn't until my own parents began experiencing health problems that I realized the true wisdom of my own words.
Both of my parents were hospitalized several times during the last few years. Each time, they were asked whether they had an "advanced directive." Luckily, I had assisted them with this many years ago. After discussing their wishes regarding distribution of their property, nursing home care, and life-prolonging measures such as artificial nutrition and hydration, I designed a straightforward estate plan including the following:
- Living Wills (Powers of Attorney for Health Care)
- Simple Wills
- Durable Powers of Attorney
- Beneficiary Deed
Like many of my clients, my parents were crystal clear about their feelings regarding these issues and were wise enough to express those feelings in a legal document. These pieces of paper may seem insignificant, but they constitute the "clear and convincing evidence" of my parents' intent that the courts require in order for their wishes to be carried out.
Each time they were asked to do so, my parents obediently (and rather proudly) produced their original health care directives for copying. We always put them back in their refrigerator drawer for safekeeping afterwards. (In case of a fire, the papers will probably survive. Safe deposit boxes and fire-proof safes work great if you have one, but if not a fridge is a good alternative. I recommended a safe deposit box to my parents, but it's actually easier to get at the papers if you just reach behind the lettuce!)
Nearly everyone I have talked to feels strongly about whether they would want treatment which might prolong the dying process. Many are adamant that they do not want to be kept alive on a ventilator or with artificially-supplied food and water. However, most clients also admit that they have not taken the crucial next step -- putting their wishes in writing. I cannot count the number of times a client has dashed into our office requesting that we prepare a legal document immediately, because they (or a parent, grandparent, aunt, etc.) is having surgery, going into a nursing home, or dying. The added stress this causes is evident on their faces.
My advice is that you do not put yourself or your family members in that position. Instead, take the time to sit down and think about what you want without the pressure. Then speak to an attorney who will advise you of the best way to accomplish your goal. We, like many attorneys, would be happy to discuss the procedure and costs.
Wednesday, January 11, 2012
Missouri Attorneys: Protect Your Privacy
The Missouri Bar has released information on licensed attorneys in this state to legaldirectories.com. It is a good thing to be listed - one more way for people to find you! However, I recommend checking to ensure that your office address (rather than home) is listed.
Tuesday, December 20, 2011
Opposing Counsel
If there's one thing I've learned so far practicing law, it's this: the attorney on the other side of a case has everything to do with what you can get done.
Really, it makes all the difference. The interactions between opposing counselors sets the tone for the case, affects the attitudes that the clients have, and has a huge bearing on one's ability to get things done. I can't tell you how many clients I have right now who just keep checking in with me to see if anything is going on. "No," I tell them, "I'm still waiting to hear back from opposing counsel."
And that's frustrating for me and for my clients. We make it a hallmark of our work to be responsive and act quickly. It would be nice to get the same in return. And sometimes we do! But all too often, it's more of the same: "I'll let you know when I hear something."
Really, it makes all the difference. The interactions between opposing counselors sets the tone for the case, affects the attitudes that the clients have, and has a huge bearing on one's ability to get things done. I can't tell you how many clients I have right now who just keep checking in with me to see if anything is going on. "No," I tell them, "I'm still waiting to hear back from opposing counsel."
And that's frustrating for me and for my clients. We make it a hallmark of our work to be responsive and act quickly. It would be nice to get the same in return. And sometimes we do! But all too often, it's more of the same: "I'll let you know when I hear something."
Monday, November 28, 2011
More on GPS
Some time ago, I wrote about cases involving warrantless GPS tracking of automobiles; those cases were bound to be appealed. Now one of them has been. (You can read the original posts here, here, and here.) NPR recaps the situation nicely:
In the case against Antoine Jones (discussed in the second link, above), a conviction relying heavily on the use of a warrantless GPS tracking device was thrown out by the Court of Appeals in the District of Columbia. The question for the Supreme Court is this: do police need to get a warrant from a judge before attaching GPS device?
The government argues that there is no expectation of privacy regarding the location of one's vehicle on public roads; the Fourth Amendment only applies to the interior spaces, such as a glove box, locked drawer, etc. The defense points out that GPS tracking might be okay . . . if it's supported by a warrant, which in this case, it wasn't.
Stay tuned for the final ruling!
Visit our websites and send us your feedback:
www.crb-stlouislaw.com
www.stlouiscountylawfirm.com
In the case against Antoine Jones (discussed in the second link, above), a conviction relying heavily on the use of a warrantless GPS tracking device was thrown out by the Court of Appeals in the District of Columbia. The question for the Supreme Court is this: do police need to get a warrant from a judge before attaching GPS device?
The government argues that there is no expectation of privacy regarding the location of one's vehicle on public roads; the Fourth Amendment only applies to the interior spaces, such as a glove box, locked drawer, etc. The defense points out that GPS tracking might be okay . . . if it's supported by a warrant, which in this case, it wasn't.
Stay tuned for the final ruling!
Visit our websites and send us your feedback:
www.crb-stlouislaw.com
www.stlouiscountylawfirm.com
Friday, September 16, 2011
Making It On Your Own
On her My Shingle blog, Carolyn Elefant recently posted a question she got from a reader about how to grow a practice and succeed as a solo. One commenter specifically asked for suggestions from solos making at least six figures on a consistent basis.
I'm not going to lie to you: that's not me. I'm a new lawyer still finding my way. Further, I'm not a solo, but I do work at a small place - three attorneys, one assistant.
Given those disclaimers, I'll start out by responding to the comment posted by Leanna, all of which are things I've done, am doing, or have considered. Leanna suggests the following steps (my comments in white):
1. Getting really good and comfortable talking about money, asking for money, not giving free consults, and not negotiating on price. This is key.... This is a skill I'm still learning, but already I can see the importance of it. For me, it's all about expectation management. I try to give potential clients a realistic estimate of what their case will cost if we're billing hourly, or tell them up front what a flat fee of x-dollars will cover. We also handle our "retainers" (though we don't call them that) a bit differently than most firms. Look for an article about our process in the future!
2. Sending out a paper newsletter to all past clients and contacts.... We've done one postcard mailing (although it was before I started here), and it was hugely unsuccessful. All the calls we got were from people with imaginary issues or people with real issues who wanted a free lawyer. A newsletter is actually something I'd like to do, but I'm not sure of the best way to go about it and don't want it to be a huge time- and money-drain. Suggestions?
3. Networking in person. Not desperately, but to fill up to the hours when you'd just be sitting in your office reading [S]olo[S]ez or tweeting.... I'm sure Leanna is right that when she says that meeting people is better than sitting on your own. But where I run into trouble is in converting those meetings to actual useful contacts of some kind.
4. Cultivate your existing referral sources. These are the people who already know, like and trust you. Send them a thank you card for their past support of your business, remind them you are taking new clients in particular areas and think about what you might be able to refer to them. We don't really do the professional networking thing. We go to events, meet people, etc., but don't set up referral chains. Most of our referrals come from former clients, which is something we're proud of. Our clients are satisfied with the work we did, and feel that we gave them value for their money. What more can you ask for, besides more clients?
5. Clean your office and shine your shoes.... Funny you should mention that! I'm getting some bids right now on redecorating my office!
6. Screen your potential clients better[].... I think we do a pretty good job of screening clients. We ask them some questions when they call for an appointment so we can give them a good idea of what to expect. Some people will hear and estimated fee and decide they need to "think about it," and others will decide to come in for an initial consultation. And at least when they do, they know what to expect.
LegalTypist's comment that you just need to get involved in your community is probably the next suggestion I'd like to reiterate, and I'd like to stress the community aspect of it rather than the networking aspect of it. See, at most networking events, I tend to meet people who do something similar to what I do. Referrals from those folks will be few and far between. But when people at my local bookstore or teammates on a rec sports team hear that I'm a lawyer...well, there might actually be some business there!
And I'll follow that up by saying that you want to get involved in the type of community activities that will include people you'd like to have as clients. If you do IP work, get involved in some cultural activities - arts, music, and the like. If you do a lot of business law, maybe get involved with your local chamber of commerce. Seek out the people you want!
I'm not going to lie to you: that's not me. I'm a new lawyer still finding my way. Further, I'm not a solo, but I do work at a small place - three attorneys, one assistant.
Given those disclaimers, I'll start out by responding to the comment posted by Leanna, all of which are things I've done, am doing, or have considered. Leanna suggests the following steps (my comments in white):
1. Getting really good and comfortable talking about money, asking for money, not giving free consults, and not negotiating on price. This is key.... This is a skill I'm still learning, but already I can see the importance of it. For me, it's all about expectation management. I try to give potential clients a realistic estimate of what their case will cost if we're billing hourly, or tell them up front what a flat fee of x-dollars will cover. We also handle our "retainers" (though we don't call them that) a bit differently than most firms. Look for an article about our process in the future!
2. Sending out a paper newsletter to all past clients and contacts.... We've done one postcard mailing (although it was before I started here), and it was hugely unsuccessful. All the calls we got were from people with imaginary issues or people with real issues who wanted a free lawyer. A newsletter is actually something I'd like to do, but I'm not sure of the best way to go about it and don't want it to be a huge time- and money-drain. Suggestions?
3. Networking in person. Not desperately, but to fill up to the hours when you'd just be sitting in your office reading [S]olo[S]ez or tweeting.... I'm sure Leanna is right that when she says that meeting people is better than sitting on your own. But where I run into trouble is in converting those meetings to actual useful contacts of some kind.
4. Cultivate your existing referral sources. These are the people who already know, like and trust you. Send them a thank you card for their past support of your business, remind them you are taking new clients in particular areas and think about what you might be able to refer to them. We don't really do the professional networking thing. We go to events, meet people, etc., but don't set up referral chains. Most of our referrals come from former clients, which is something we're proud of. Our clients are satisfied with the work we did, and feel that we gave them value for their money. What more can you ask for, besides more clients?
5. Clean your office and shine your shoes.... Funny you should mention that! I'm getting some bids right now on redecorating my office!
6. Screen your potential clients better[].... I think we do a pretty good job of screening clients. We ask them some questions when they call for an appointment so we can give them a good idea of what to expect. Some people will hear and estimated fee and decide they need to "think about it," and others will decide to come in for an initial consultation. And at least when they do, they know what to expect.
LegalTypist's comment that you just need to get involved in your community is probably the next suggestion I'd like to reiterate, and I'd like to stress the community aspect of it rather than the networking aspect of it. See, at most networking events, I tend to meet people who do something similar to what I do. Referrals from those folks will be few and far between. But when people at my local bookstore or teammates on a rec sports team hear that I'm a lawyer...well, there might actually be some business there!
And I'll follow that up by saying that you want to get involved in the type of community activities that will include people you'd like to have as clients. If you do IP work, get involved in some cultural activities - arts, music, and the like. If you do a lot of business law, maybe get involved with your local chamber of commerce. Seek out the people you want!
Monday, August 22, 2011
The Benefits of a Simple Car Loan
The loan may be simple; the process is not. But read on to find out how one dedicated team of people turned life around with a new car for this divorced mom.
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