KalishLawTexas' legal blog The Woodlands

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27 Jun 2011

How to do a Little Legal Research Online.....
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My posts about how to find legal information on the web have been wildly popular in the past, so here is another gem of wisdom on how to catch that elusive thing called legal knowledge.

You can always google, bing, yahoo or ask your way to an answer, but you may have to search through a lot of information that doesn’t cut to the chase.

So, here are a few tips for doing legal research (and a few cautions, too!)

TIPS (The best places to find good information):
1. State Bar websites: Many state bar associations have specific pages for non-lawyers. For instance the Texas State Bar has a page “for the public”
Non-lawyers can download pamphlets and also information that previously appeared in the Texas Bar Journal client pages.

2. www.lawyers.com   This site has legal forums and blogs and is searchable.

3.   www.avvo.com legal forums and legal guides

4.   www.findlaw.com Here you can “Learn about the law” and “Browse legal wiki”

5.   www.nolo.com Lots of information on various legal topics

6.   Groups or sites that are specific to your problem or area of law, for instance:

For immigration: USCIS: www.uscis.gov

US Patents and Trademarks For copyrights and trademarks

Texas Workforce Commission

Many professional groups also have a helpful links page.

CAUTIONS:
1. Don’t base an opinion on the wrong law. Make sure you know whether you are looking at the right law (State or federal? Current or old law? Does it apply?)
2. Don’t believe everything you read, especially on message boards and chat, and don’t assume that it applies to your situation.
3. Don’t share personal information in a public forum. (not only is it dangerous in general, but if you are involved in a legal action later your posts may work against you)
4. Beware of scams and of people who are “practicing law without a license.”
Now you are ready to get some background information for your specific legal question, or just because you want to learn something new!
Be sure to contact a lawyer when the situation calls for it. Just as you would consult a professional to deal with a medical problem or a problem with your car engine, you should consult a legal professional in certain situations.
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10 May 2011

How to Protect Yourself From Mortgage Loan Scams- Advice from the State Bar of Texas
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In some of my other blog posts over the years, I have mentioned the excellent "client page" that is available every month in the Texas Bar Journal. These articles are available online in pdf format.
The April 2011 Client Page is excellent. It starts by informing us that "The FBI describes mortgage fraud as one of the fastest-growing white collar crimes in America."

The article then goes on to describe the various types of scams, how to recognize them, and where to report them. The article is available in pdf format here: http://bit.ly/j4vpZQ

The Texas State Bar also has a pamphlet titled "Loan Modification Scam", which is available by calling 1-800-204-2222 or at www.tyla.org.
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2 May 2011

Foreclosure as the Last Option
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If you are having trouble paying your mortgage, you are not alone.

The good news (and we can all use some in this economy!) is that there are other options available.
While the prospect of losing a home to foreclosure is almost too upsetting to think about, it is worthwhile to know your options. Gone are the days when refinancing was the only viable option. These days your mortgage company may be committed to helping you avoid foreclosure, which is an expensive option for everyone involved.

Here are some other options:
1. Modification of the existing mortgage. The terms of the existing mortgage can be modified by agreement of all the parties. This can be accomplished privately on your own, with the help of an attorney, or through the U.S. Treasury Department’s Home Affordable Modification Program (HAMP)
2. Forbearance. Your mortgage company may agree to temporarily suspend monthly mortgage payments or to reduce them because you are facing a special, short-term hardship (death of a spouse or family member, health issue). There are special forbearance options available to persons who need help because of the death or injury of a spouse in active military duty.
3. Negotiation of a Repayment Plan: This is an agreed plan to help you catch up on past due amounts.
4. Deed in Lieu of Foreclosure: In this option you deed your property over to the mortgage company rather than forcing the mortgage company to pursue an expensive foreclosure, which would appear on your credit report as a foreclosure. In this option you may be able to lease back your home for a specific amount of time and continue to live there.
5. Sale of the Property: Although this can be difficult to accomplish, you may be able to do it if you are willing to price your property to sell, even if it means losing some of your investment. You also should be ready to assist your realtor in any way possible, by making recommended cosmetic changes within your budget, getting the word out through your own networking contacts and being open to suggestions for moving the property.
If you are having trouble paying your mortgage now, or are behind, don’t wait until it is too late to take advantage of other alternatives. An attorney who is knowledgeable in real estate law and familiar with your geographic area can assist you in deciding on what options you should consider. A consultation is well worth your time, as you will leave the law office armed with knowledge that is tailored for your particular situation.

Bob Kalish has been practicing real estate law since 1984. Kalish Law Office is located in The Woodlands Texas, north of Houston 281-363-3700.
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13 Jul 2010

Real Estate Investing: How an Attorney Can Help You. Kalish Law Blog
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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.
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1 Jul 2010

Choosing a Lawyer: It's All About Balance
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Well, here I am, back on one of my favorite subjects, “how to choose a lawyer.” I guess that the reason that I like to write about this subject is that it is the one that I get asked about most frequently.

In choosing a lawyer, as in many other aspects of life, it’s all about balance.

You want a lawyer that has a good personality, and one that you enjoy working with or talking to, but one who can represent you aggressively when the situation calls for it. (You want “Nice” but not “Wimpy”.)

You want someone who is not afraid to stand up for you, and insist on your rights. But you don’t want someone that will argue just for the sake of argument   (“Strong”, not “Beligerent”.)

You want an attorney and staff who are open to your ideas, but able to stand up to you and give you an honest opinion and clear direction. (“Open minded”, not “Wishy-washy”.)

You want someone who will be responsive to you and will keep you up-to-date. But you don’t want someone who will put everything aside every time any client wants to talk. (“Responsive”, not “easily distracted”.)

And, while you want someone who you can afford, price shouldn’t be the only criteria. Look for a reasonable price that falls within the range of what is charged in your geographical area for that type of case, by attorneys with the particular level of experience. An attorney who refuses to cut the price or service when it will negatively affect your case is actually doing you a favor.
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30 Jun 2010

How Not to Screw Up Your Case
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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.
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23 Jun 2010

Five Things to Do to Help You Choose a Lawyer
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Choosing a lawyer to represent or advise you can be difficult, especially if you don't know any personally. Here are 5 suggestions to help you choose the best lawyer for the job.
1. Get a personal recommendation. Just like choosing a doctor, choosing a lawyer can be easier if you have some insight into the lawyers practice from a client who has been there.   Talking to a former client will help you get a "feel" for the practice.

2. Do your own research. The Internet is a good place to find information about lawyers. Once you have performed a search using your area of town and the type of law you can look at the firm's website, and the pages devoted to the individual attorneys and areas of practice. Goggle the firm and see what else comes up.

3. Make contact with the firm through an email or phone call. Ask for some general information.   Look for promptness and politeness. Be sure that the attorneys handle the type of legal matter that you have. If not, ask for a recommendation to someone else. Don't be surprised if you can't get a price estimate or estimate of how long the matter will take to conclude. These are two questions which will usually need to be answered by the lawyer after a consultation with you, if you expect the answers to be accurate ones.

4. Get a consultation.   The consultation is your chance to ask questions and see if you like the firm's atmosphere and are happy with the attorney's personality, knowledge, and experience. It is also a way for you to decide between two firms if you are unsure. Whether you ask for a face-to-face consult, or a telephone consult, you will be able to get enough information to determine how the attorney will handle your legal matter. The attorney will then be able to get enough information from you to set a reasonable price and plan.

5. Put it all together. Decide for yourself if you are comfortable with the lawyer and firm, whether it is in a convenient location for you (if you will need to appear personally at the office), whether you believe the attorney has the knowledge and experience to handle your type of case, and whether you are satisfied with the price quoted.
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27 May 2010

Can I Get Out of This Contract?
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There are times when one party to a contract may want to terminate it.

This is a general list of what to look for when you are trying to determine whether you can or should terminate a contract. This list is very general, and is not specific to any one particular type of contract.

1. How long is the contract term?   Look and see how long you have left on the contract. If the initial term has run out, check the contract to see if you are now considered to have automatically renewed for a specific period or if you are now considered “month-to-month.” Analyze what you will spend (in money, time, and energy) by staying in the contract.

2. What notice must be given?   Some contracts specify how notice must be given (for instance, in writing and by certified mail and addressed in a particular way). Verbal notice alone may not be legally sufficient to cancel or terminate the contract. Mere words are subject to interpretation and won’t give you the proof you need. Witnesses to a conversation may later prove to be unreliable, unbelievable, or biased. .

3. What will happen if there is a major disagreement ?   Before you get into an adversarial position with the other party, be sure to check out what could happen. For instance, some contracts specify that the parties must go to binding arbitration.   The contract may specify that any lawsuit must be filed in a particular county or state. There may be provisions regarding who will pay attorneys fees and court costs. You will want to know all of your risks before escalating the situation.

4. Has anyone violated the contract yet? Even if the other party has violated the contract in some way, you may not have the right to terminate it or stop performing. You are more likely to be successful in pressing your position (especially in court) if you have “clean hands” and have lived up to your end of the bargain. If you have already violated the contract in some way that you thought was forgiven, you may find that issue resurrected.

5. Remember to pay attention to the specific laws that relate to your contract.   There are certain specific and sometimes unique laws that relate to each of the following contracts and transactions: real estate contracts, mobile homes sales, applications for consumer credit cards, employment contracts, and contracts for the purchase of a vehicle.   In some purchases you may have a “cooling off” period that is either written into the contract or determined by state law.   You must gather information about the specific laws that relate to your contract.

Despite all these warnings, there are times when you need to cut your losses. Whether or not that is right for you is a specific question that must be answered based on the facts of the case, the particular area of law, and financial and practical considerations.

You should always keep a copy of any contract that you sign. If there is a dispute, don’t act impulsively. Get your paperwork out, review it and gather your facts. Seek counsel from an attorney before doing anything you regret. Make sure you understand the risks and benefits of any action that you take.
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