KalishLawTexas' legal blog The Woodlands

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14 Mar 2012

Protect your Interests: Scan, Copy, and Organize your Important Documents
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Sure, it sounds like a lot of trouble, but once you get a procedure in place, it won’t be difficult.

You should always know where your important documents are located. You should also have photocopies or scanned copies of the most important of these documents.

Scanning a document into your computer and then storing it as a pdf may be the quickest way to keep yourself organized. This also helps you to do a “search” for a specific term on the computer screen, rather than reading through an entire contract. You can organize the folder by subject or by year.

If you don’t like to work on the computer or don’t have a scanner available, you can make photocopies of the documents. But don’t put them in the same location as the originals, in case of fire, flood or disaster.

Here is a partial checklist of important documents:
1. Insurance policies, booklets and contracts (life, health, auto, business, property, flood)
2. Original will and trusts documents you have signed
3. Powers of attorney and health care documents
4. Immigration papers (certificate of citizenship, legal permanent resident card, receipts for pending applications)
5. Passports
6. Driver’s license
7. Birth certificates
8. Death certificates of family members
9. Identifying account information for policies
10. Home and property deeds
11. Titles to autos
12. Information about retirement accounts
13. Medical information and history
14. Legal information and history (case number and date of past lawsuits)
15. Corporate books and papers, partnership agreements, certificates of filing with the state
If any of the documents are unable to be effectively scanned or copied (some documents, especially government documents may not be able to be), then at least keep a list of the pertinent information on the document (date, number, etc.) that would enable you to replace it if necessary.

Don’t rely on your doctor, lawyer or CPA to keep documents for you. Even in the age of scanning and electronic records, most professionals do not keep records forever and may not be available if you need something quickly.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
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23 Feb 2011

Five Ways to Save Money on Legal Fees
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So, it's finally happened. You have no choice; you have to consult with a lawyer. Everyone knows legal fees can be expensive, but what everyone doesn't know is that there are ways to save money on legal fees.

•1. Get a consultation. A good legal consultation is essential and well worth paying for. This 30 -60 minute block of time is going to help you decide the course of your entire legal situation. This is your chance to ask questions, get information, and evaluate the lawyer and law firm. In short, you are going to be a thirsty sponge, soaking up all the information you can get, and using it to make intelligent, informed decisions

•2. Organize yourself. Take notes, snap pictures, keep a diary, separate papers by subject and date into folders. Make a summary of events. The more information that you condense for use by yourself and your lawyer, the better chance of success. Your intelligent "summaries" will help save you legal fees. Don't ever give your lawyer unorganized "shoeboxes" full of junk to wade through. Organize it yourself, you'll save legal fees.

•3. Don't give tons of unnecessary information. Trying to help, clients may give reams of paper or stacks of disks that are irrelevant and unrequested. The lawyer will spend many billable hours reviewing information that isn't necessary and then will have to charge for his/her time. The same goes for repetitive information given by email or phone.

•4. Do for yourself when you can. In some cases, you may not have to "retain" a lawyer to handle something, but may choose instead to visit the attorney periodically for assistance in handling the matter yourself. (Example: taking your own case to small claims court, negotiating changes in a contract you have been given, or collecting a judgment you've won). Even if you have retained a lawyer, try to complete paperwork on your own first, rather than spending billable hours reading it for the first time while your lawyer sits and watches you. Make a "working copy" for yourself, and a "clean copy" that you can use in case you have to meet with your lawyer again.

•5. Don't "do for yourself" when it makes the situation worse. We've all heard the expression "pay me now or pay me more later" (I've had a plumber and an auto mechanic tell me this- it was true). It can apply in a legal situation. There are certain times when you absolutely should not be handling your own case. (Example: when you have to file documents with the court that you don't have the training to prepare, when a lot of money or emotional well-being is at stake, and when you are too emotional or exhausted to do yourself justice.) There is a reason for the phrase "The lawyer who handles his own case has a fool for a client". We even hire each other when we have to! Recognize those times and hire a lawyer before damage is done.

Following these few guidelines can significantly reduce the amount of money spent in legal fees!

Kalish Law Office has been representing businesses and families for over 26 years. www.kalishlawtexas.com 281-363-3700
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18 Dec 2010

Should I Sign This? The Woodlands Texas Law Blog
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We get a lot of inquiries from potential clients wondering if they should sign a document.   The most common documents in question are “Waivers of citation”, Final Divorce Decrees, Settlement offers, Paperwork in Attorney General Child Support Cases, leases, modifications of contracts and sales agreements.

First of all, if you don’t totally and completely understand the document and everything in it, the answer is NO. At least not until you can do some research on your own, consult with someone who has the knowledge to help you, or get a written clarification of the terms.

If a document of any kind is ambiguous, you should not sign it as it is written.   Any document with terms that are subject to two or more meanings can cause trouble later! And it may be expensive trouble!

If the document that you are wondering about is part of a lawsuit of ANY kind, signing it can have long-term effects. For instance, some settlement agreements are binding. In these cases, you should be sure that what you are agreeing to is what you can live with forever or for many years, especially if the case involves divorce, custody, visitation, or child support.

Sales agreements and service contracts of any kind need to be read carefully.   You should pay special attention to sections that relate to canceling the contract, default, and contract term.   Many contracts are very one-sided. Merely “skimming” over the terms that relate to “trouble” down the line isn’t good enough.   You should know what would happen if things don’t work out as planned.

Having a legal consult can save you a lot of time, money and tears later on. Get it straight from the beginning.   The time to consult an attorney is before you sign something that you shouldn’t have agreed to.   The attorney will need to review the document thoroughly; just hearing about it briefly by phone or email is not enough to advise you properly.

Don’t give away your bargaining power by being passive and not looking out for yourself!

Kalish Law Office

www.kalishlawtexas.com

Kalish Law Office has been serving businesses and families in The Woodlands and in Houston, Conroe, Spring, and surrounding areas for over 26 years. Contact us by calling

281-363-3700 or email us at Inquiries@kalishlawtexas.com
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31 Aug 2010

How to Respond to Discovery in Your Lawsuit | The Woodlands, Texas Lawyers
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Kalish Law Office | 25907 Oak Ridge Drive | The Woodlands, TX 77380
Phone: 281-363-3700 |

If you are involved in a lawsuit, you may find that you have to answer discovery requests.
The “discovery period” in a suit is just what it sounds like; a time for the parties to find information and organize it for use in the case. Ah, finally a legal term that actually makes sense!

One type of discovery is a deposition. If you have one of those scheduled, you should prepare for it in advance. Your attorney will talk with you about what type of questions to expect, and whether you should bring any documents, computer files, photos, etc. to the event.

Most discovery is done on paper. A commonly used discovery document is called Interrogatories. Once again, they are just what they sound like they should be; questions.

It is important to work with your attorney as a team when you are answering interrogatories. That doesn’t necessarily mean that you need to sit down together to answer them (although you might).   But it does mean that teamwork is essential here. You have first-hand knowledge of events that your attorney does not have. You will need to supply the who, what, where and when. Your attorney will be responsible for making sure that the proper legal format is followed, that the important issues in the case are brought out, and that all of the facts are presented in a light that is most favorable to you. (= advocacy!).

You may also be asked to produce documents and items in your case. This is called a Request for Production. Again;   be on time, be honest, be complete, take it seriously, and ask questions if you don’t understand.

You may also be required to answer a Request for Admission”, and you will be asked to admit or deny a list of statements which are presented to you on paper. It is crucial that these answers be promptly answered. Refusing to answer or answering too late is treated as an “admission”, which will help the other side make their case against you!

Some discovery requests deal with “legal theories” of the case, and these questions will be answered with your attorney. Your attorney will also be able to deal with any requests that are improper or irrelevant.

A few warnings about discovery: You can be penalized by the judge if you are not truthful or complete in your answers, if you refuse to answer, or if you are not on time with your answers.   You may have to pay some attorney’s fees for the other side.

You should always be prompt with your answers to discovery. Get them in your attorney’s or paralegal’s hands by the date you are requested to do so. This will allow him/her to review the answers and schedule a meeting with you, if necessary. The paralegal will have time to prepare drafts for review, and then prepare and proofread the final copy for signatures.

The purpose of discovery is to promote information exchange, lead to possible settlement/ intelligent preparation for trial, and to save time in court.
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