KalishLawTexas' legal blog The Woodlands

If you or a loved one has had a major illness, you may find that you have a confusing array of medical bills left after the illness. Getting the paperwork organized so that you know what you are dealing with will help reduce the stress.

Here are steps that you should take to regain control:

1. Organize your bills.  Get control of the paperwork by grouping the bills in a way that makes sense to you, for instance, by in-patient facility, health care provider or by month.  Get folders and label them so that you can easily see what is in each folder.
2. Organize your payment information.  Gather information from your checkbook, cash receipts, or credit cards so that you will know what has been paid, to whom, and when.
3. If you have insurance, collect your EOB (explanation of benefits) documents and put them in order. You can either put them in date order or put each document next to the medical bills that correspond to them.
4. Audit the medical bills.  Check to be certain that you have been given credit for any payments made. Make sure that the health care provider has given you credit for any participating plan reductions ("negotiated or allowed" amount of fee).  Do this by comparing your payment information and EOBs to the medical bills. 
5. If you have been an inpatient in a facility, be sure to ask for an itemized bill.  Audit the bill for accurate dates or double charges, and ask questions if you don’t understand a charge. Remember, unintentional mistakes are made, even with computer-generated bills.
6. If you have insurance, make sure that you are getting the benefits that your plan entitles you to have. For instance, if you see that you have been billed a higher co-payment for being “out of network”, but you don’t believe that is accurate, call and speak with your insurance company.  In some situations, you may be able to have the charges reconsidered and paid at a higher rater (for instance, if it was an emergency or if there was not an in-network provider available).
7. Talk with the hospital or provider to inform them of the “big picture”.  If you have several thousand dollars in medical bills because of a catastrophic illness you may be able to receive a reduction in the bills or a payment plan.  Some facilities have specific guidelines for situations in which there has been a catastrophic illness, or there is little or no insurance coverage.  Telling your story and sending small regular payments may prevent your bills from going to a collection company.
8. If you are the surviving spouse and are looking at “last illness” bills, you may want to have a legal consult. A probate attorney can assist you by helping you plan how to pay the bills and manage the funds of the estate.
9. Seek professional assistance from an attorney if you need help with understanding your insurance contract, debtor/creditor law, formulating a plan for paying your debts or other legal aspects of your situation.

So…. you want to start a new business. 

There are a lot of practical and legal considerations to doing so.  Unless you have decided to just run the business under your personal name, then you are going to have to choose a name for the business.  Here are some tips for doing so, from both a legal and a marketing perspective.  

Ideally, the name of the business will say something about what type of business it is.  A name that immediately makes the consumer think about the goods or services you provide will take advantage of every marketing opportunity.   For instance, what if you saw a business named “Yellow”? Some people would immediately think of clothing.  Others would think of home decorating.  Or, it could be a flower shop or gardening center.  But, if the business is called “Yellow Cab Company”, the consumer does not have to guess.  This means that every time a “free basic listing” occurs online or in print, the owner of that business reaps some benefit without having to pay the additional fee for a category listing.

Be memorable but know your audience.   An amusing play on words can make a business memorable.  But don’t be too “cutesy” unless you are targeting babies, children or pets as your audience. A cloying, overly cute name can turn off serious consumers.

Be sure people can spell it.  If you have a name that no one can spell, consumers may get frustrated when they try to find you online or when they call directory assistance. This especially applies to foreign words.  Just because you think that “articoli meravigliosi” would be a great name for your Italian jewelry business, it doesn’t mean that consumers will take the time to figure out how to spell and pronounce it.   

If you are marketing to particular ethnic groups you should make sure that your business name doesn’t mean something undesirable or unintentionally funny in the foreign language.  If you are opening a restaurant, make sure the name doesn’t sound unappetizing.  

Most importantly from a legal point of view, make sure you are not taking someone else’s business name!  One of our prior blogs explained the different types of filing, for registration and protection of a business name. http://bit.ly/csSgTE   Filing/registration may be appropriate at the local, state, or federal level.  

If you don’t take the time to properly name your business it could cost you dearly.  You may pay the price in legal fees (defending a lawsuit against you: for using someone else’s name), lost profits (if customers can’t find or pronounce the name), and/or reprints of letterhead, business cards and website changes.

The Texas Secretary of State maintains a search function on its website so that you can check the availability of names which are registered at the state level.

An experienced business attorney can assist you with the legal aspects of the business set-up, and can share insights into the practical aspects as well.  An experienced business attorney who has operated a business in your geographical area and has been experience in representing small businesses and family businesses is a wise choice.

When two people are getting a divorce, they may often have excruciatingly embarrassing and damaging information about each other.  This is one reason that divorce cases are so difficult emotionally and why they are unlike any other lawsuits. Two people who knew each other intimately are now pitted against each other and have to make decisions about what personal information to share with others.

Consider the Tiger Woods divorce.  How many people now know details of Tiger’s private life?  I, for one, never wanted to know about this.  While the wisdom of his choices and the public’s thirst for sordid details have lead to many articles, posts and discussions, the fact remains that the private details of a man’s (and his family’s) life have been played out for all the world to see.

For a divorcing spouse in possession of negative information, the following questions must be considered:

1.      Will revealing the information help my case or just make me feel better?

2.      How will I feel years from now about the way I handled this case?  Will I regret not “speaking up?”  Will I feel I was too harsh?

3.      Will using or not using this information harm or help my children?

4.      Will using this information harm my professional image, or that of my spouse?

5.      Will refusing to reveal this information negatively impact my case?

6.      Will my decision about what to do with this information cost me more/less in attorney fees?

Sometimes using the information is necessary in order to fight for a fair share of the estate and the ability to survive financially.  In other cases, using the information may have such a negative impact on the business opportunities of one or both spouses that the financial strain will be felt long after the divorce is over.

When there are children involved, the parties should consider the potential impact on their relationships with both parents, balanced against the need to pursue the case more aggressively.  There times when there is not only a responsibility but a legal duty to reveal issues that may cause an unsafe environment for children.  Behaviors such as child abuse, possession of child pornography, and drunk driving belong in these categories.  In these cases, reporting to authorities may be required, and the court needs this information to adequately decide the case.

When “discovery” documents are served on a party, certain documents and things MUST be revealed. However, HOW this information will be used is a “case strategy” decision that a qualified, experienced divorce attorney must help his/her client to make.  Like every other good decision, it is arrived at by weighing the options, the pros and cons.   A good divorce lawyer will help you to decide what to do, with due regard for the time and money that you want to spend, the result you want to achieve, and the future that you want to create.  

Kalish Law Office has been providing divorce services to clients in The Woodlands, Houston, and Conroe area for over 26 years.

Technology certainly has made our lives easier. If you doubt that, just try to get through the day without your cell phone, BlackBerry or computer. If you are “not into all that”, consider your life without a cordless phone or answering machine. 

Technology has also made life easier for stalkers, controlling abusers, and perpetrators of family violence.

If have someone in your life that fits the above categories, pay special attention.  If you don’t, pay attention anyway because doing so will help you maintain the level of privacy that you desire.  This article applies to everyone, not just people who are in need of a protective order.

I am interested in this subject since I am a divorce attorney.  Since my firm has been providing divorce services in The Woodlands area for over 26 years, it’s pretty accurate to say, “we’ve seen a lot”.

If that obsessive person in your life wants to find out something about you through your cell phone there are several ways to do so.  First of all, s/he can have an app installed on your phone that will enable GPS.  In order to do this easily, s/he will have to either be the master account holder or an authorized account holder, or have access to your cell account by logging in.

Another way to do this is for someone to hack in and surreptitiously download spyware onto your phone.  The spyware can tell him/her a variety of things about where you are, who you are calling, etc.

There are also a variety of “friend tracking” technologies available.  In order to use these, the software will need to be installed on your phone, (and the phones of your friends or contacts).  After it is installed, the users can immediately see where their friends are located, by looking on their own mobile phone or computer.  Some of these technologies do not require GPS to be installed on the phone.  MOTTO:  Know what is on your phone, don’t allow anyone to play with your phone and don’t leave it lying around unlocked around people you don’t completely trust.

Default settings on your cell phone, which transmit your location, vary, depending upon the carrier and the make and model of phone that you have.  There are ways to activate privacy settings which only allow your phone to transmit your location during 911 calls.  

But all of that is pretty common knowledge these days, and requires some other person in your life to take some specific action.   What you should know is that there are other ways that people can get information about you and your whereabouts.  Even STRANGERS.  And YOU are the one who is providing that information to the entire world.

When you snap pictures or send Tweets or status updates from your smartphone the pictures have “geotags” on them.   These geotags don’t show up on the picture or Tweet, but they are embedded data (“metadata”) that can be read if the user has the tools/savvy to know how, or cares to find out.   If you are sending a picture of The Statue of Liberty and tweeting about your vacation you may not care.  But what if you have just taken a picture at home? Or at your children’s school?  Do you really want to broadcast all that information to an audience that may include wackos and stalkers?

The website Icanstalku  provides detailed information about stalking through cell phones, and information about how to turn off geotagging functions on various phones. http://icanstalku.com/ 

As the dangers of privacy invasion become more obvious, some of the status and photosharing sites are now making changes so that the geotags are supposedly wiped off prior to internet posting.  But not all of them are there yet.

Employers who provide cell phones to their employees may also use this information in order to track employees for various reasons.

If you have children or teens that are using cell phones it is important to be sure that they are aware and protected as well. You should educate yourself about the model of phone your child has and what information your child is broadcasting from that phone. 

Kalish Law Office has been providing legal services in divorce, family law and business to The Woodlands, Conroe and Houston area since 1984.  We urge you to always be careful about any private information that you choose to share. http://www.kalishlawblog.com/ 

The Texas State Bar Association has information and pamphlets available online for the public.  You can view and download them in pdf form, or order pamphlets to be mailed to you.   A variety of subjects are covered, including; “How to Sue in Small Claims Court”, “Becoming a Lawyer”, and “The Servicemember’s Civil Relief Act”. 

Check out the public page at http://bit.ly/afvPcX

The page also contains information available about the legal system (civil & criminal). 

This information can be helpful to consumers, students researching various topics, and teachers preparing classroom lessons.

In addition, the attorneys at Kalish Law Office are available to provide seminars on various legal topics to groups. If you are interested, please email us at inquiries@kalishlawtexas.com 

1. First of all, don’t panic!

2. Read the paperwork that you were given very carefully

3. Determine your “Answer Date”, which is the date by which you must file a response to the suit if you wish to be heard and defend yourself.  Calendar this date!

4. Determine WHY you are being sued

5. Gather your thoughts and your information. Do you have a defense? A counterclaim?

6. Make an appointment with an attorney right away in order to be sure that your attorney has adequate time to prepare and file a response and/or counterclaim. Take the citation (service papers) with you to the appointment, along with any other information that the attorney should see.

7. Be aware that if you miss the answer date, a default judgment may be entered against you and you may be giving up important legal rights and defenses.

Kalish Law Office: The Woodlands, Texas 281-363-3700 

If you are involved in real estate investment, or are thinking about it, you should be aware of these ways in which a lawyer may be able to assist you.

 Even if you are fairly savvy about the market and have experience in investing, having an attorney that knows you and your situation can be a great help.  You may decide to periodically schedule an appointment to review your overall business plan or get advice on how to negotiate or conduct specific transactions. Having an attorney who knows you by name and face and is able to "pick up where you last left off" in advising you in legal and business decisions can be very helpful. 
A real estate/business attorney can assist you in obtaining financing, can draft documents and deeds, attend closings, write leases and contracts for deed, and help you with the formation of a separate business or a real estate trust.  Having an attorney who is familiar with the real estate trends and values in the area is very helpful, especially when dealing with large metropolitan areas like Houston, Texas and high growth areas like The Woodlands, Texas.

 In the state of Texas, an attorney who represents the buyer from the first point of contact with the seller or seller's agent can be entitled to some percentage of the commissions earned.  This is helpful information for the buyer to know, because this earned money can be used towards the buyer's legal fees for the transaction. 

 A skilled and connected real estate and business attorney with longstanding ties in the community will also have formed business relationships with realtors, brokers, CPAs and appraisers and will be able to work with these other professionals when appropriate.

 Finding the proper attorney with the proper skills and experience will save you time and give you the information and support that you need to make good business decisions.

Bob Kalish has 26 years of experience in real estate law.  Conveniently located near Interstate 45.  Evening appointments and telephone consults are available.   

If you are involved in a legal case, here are some ways to keep the conflict from escalating.

1. Keep your mouth shut.  Don’t say whatever comes into your mind, whenever and wherever you feel like saying it, even if it makes you feel better.  If you are involved in a custody battle or divorce, be sure your kids don’t hear you saying things that they shouldn’t.  Don’t write texts and leave voice messages while you are angry, ill, or overtired.  Or drunk.  

1. Don’t talk to other people about things that would have been covered by attorney client privilege.  Bringing third parties into a meeting between you and your lawyer is also a bad idea for this same reason.  Those third parties could be called as witnesses and will be asked about things that you may have been able to keep between you and your attorney.

1. Don’t post all of your personal business on Facebook, Twitter, and other social networks.  Be careful, even in posting and photos that you see nothing wrong with.  An “innocent” post could cause you a lot of trouble when read by someone who is upset with you to begin with. Social networks can be used by any opposing party or attorney to get all kinds of information to use against you.   

1. Don’t disregard what your attorney tells you, even if you think s/he is being overly cautious.  Don’t try to run your case yourself.   Promptly return calls or emails from your lawyer, and keep him/her up-to-date with your contact information.  Don’t forget to tell your attorney important facts about your case and don’t let him/her find out for the first time in the courtroom with the rest of the world.  If you are given “discovery” to answer, work on it as soon as possible.  

1. If you have a mediation, trial or hearing, don’t disagree with your attorney in front of others.   Dress appropriately, and don’t let a bad attitude or anger show, even if you would rather be anywhere else on earth.  Don’t chew gum or whisper and fidget during the proceedings. Watch your facial expression, even if something that is said shocks you, upsets you, or is blatantly untrue.   Keep anger at bay.  

Following the above suggestions will help you feel more in control, and will assist you and your attorney in making the best possible presentation of your case.   

Remember, you and your lawyer are a team, and should strive to work together cooperatively and efficiently.

When a lawsuit involves a child, a judge may appoint another attorney to make recommendations or to represent the child (or children). These attorneys are called "Amicus Attorneys" or "Attorneys Ad Litem." This can happen in a divorce case, paternity case, or post-divorce modification and visitation case, and in termination and adoption cases.

Amicus Attorneys are appointed to make recommendations to the court. Ad Litem attorneys seek to actually represent the child.

In general, whenever the custody, visitation, access to, and support of a minor child or children are involved, either an Amicus or an Ad Litem (but not both) may be appointed.

Parents who are involved in these cases are often surprised to hear that a separate attorney will be involved, and don't understand why. They are also surprised to find out that they will usually have to pay all, or part of the attorney's fees. They sometimes feel suspicious or resentful, believing that the Amicus or Ad Litem attorney will be looking for reasons to criticize them or their parenting skills.

These attorneys are not the enemy, and are usually polite, well-spoken, caring individuals. They genuinely look for the best for the child and represent their young clients with energy and enthusiasm. They are specifically trained in what they do, and usually do it because they care about children.

In some situations, one of the parties to the suit may request that the judge appoint one of these attorneys.

Here are some examples of when an Amicus Attorney may be appointed/requested:

1. Mom and Dad are divorcing and have 3 children. The divorce is not a friendly one and Mom and Dad cannot agree on joint custody. In addition, each parent is fighting for primary custody and alleges that the other parent does not maintain a good, stable atmosphere for the children. Each parent has an attorney representing him/her. Although they are good lawyers and genuinely care about what happens to their client's children, their obligation is to their clients. The judge in the case appoints an Amicus Attorney to review the case, interview the children and parents, and make recommendations as to the "best interests of the children". The judge orders that the parents split the cost of the attorney's fees.
2. Mom and Stepdad file a petition to terminate the rights of Biological Dad to Mom's 6-year-old child so that Stepdad can adopt her. Biological Dad and Mom were never married; he doesn't support the child, and hasn't seen her since she was born. Mom thinks BioDad may have a substance abuse problem. She and Stepdad have been married for 4 years and Stepdad is the only Dad the child has ever known. BioDad isn't sure whether he wants to sign relinquishment papers or not. Judge appoints an Amicus Attorney to speak with all the parties and make a recommendation on whether or not it is in the child's best interest to keep BioDad in her life. The Judge orders Mom and BioDad to split the fees.
3. Aunt is raising her Niece. Aunt's Sister (BioMom) gave birth to the Child 13 years ago when she was 17. BioMom is a good person who thinks often of her daughter and visits now and then, but has not been able to provide a stable home or regular support. The Child worries that someday her BioMom will take her away and wants to have the same last name as the other children in the home. Aunt visits an attorney to discuss various legal options on how to handle the situation. She decides to file a suit seeking full legal custody for herself without terminating the BioMom's rights. BioMom agrees. Aunt's attorney files the suit and also requests that the Judge appoint an Ad Litem attorney to represent the Child. The Judge does so. Aunt has agreed that she will pay the attorney's fees.

If you are a party to a case in which one of these attorneys is appointed, you should cooperate with that attorney. Be available to speak or visit, and provide any requested information, plus any information that will help him/her form a recommendation. Remember that the judge will listen carefully to any recommendations made for the best interests of the children.

You can also help by keeping your attitude positive, avoiding making negative remarks about others involved in the case, and letting your child know that s/he should not be afraid to talk with the Amicus or Ad Litem attorney.