What can a lawyer do for me if i’m injured in a car crash?
Your lawyer can perform numerous services for you (many free of charge), including handling the property damage settlement on your car or settling the total loss and getting you into a rental car. The lawyer will interview witnesses while the accident is fresh, including the investigating police officer, also obtain the light sequence from the State Highway Administration, look for physical evidence, such as skid marks or crash debris, which can win your case, can run tag traces, and find witnesses to the crash. Your lawyer will also coordinate paying the doctors either through health insurance or Personal Injury Protection Coverage (PIP) and can arrange treatment with a quality doctor without an immediate out-of-pocket payment from you. Your lawyer will also be able to maximize the available insurance coverage available to you by coordinating different insurance policies that you may not even know exist, will know the value of your case for settlement purposes, can advise you on litigation strategy, and should be able to obtain the maximum value for your case. Remember, you should only pay if a lawyer wins your case. So contact a lawyer immediately who handles nothing but car, truck or train crashes if that’s how you were injured.
Rick Jaklitsch
The Jaklitsch Law Group | 1-(855)-Big-Dog1
How does a person who is about to become involved in a family law problem select the right lawyer?
1) Start by checking the lawyer’s rating in Martindale-Hubbell, a publication which rates attorneys based on evaluations from one’s peers. 2) Inquire of friends who have been through a similar situation. 3) Inquire of lawyer friends you may have. 4) Ask people at the courthouse who work for the court in the family law division. 5) Confer with more than one lawyer to make certain that you are comfortable with the person selected. Lawyers are not “one size fits all.” Determine what you are looking for—super aggressive, cerebral, or warm and fuzzy. Look for someone who is responsive in getting back to you, who will not delegate duties to others, and who specializes in the issues that are likely to be involved in your case. This is a very important decision — select wisely.
Ron Naditch
Ronald M. Naditch, P.A.
I have a family member with special needs. What can I do to protect their financial interests?
Ensuring that our loved ones are taken care of after they reach maturity is an issue that many families must address. You want to make sure that they are provided for while still allowing them to have the independence that they need and deserve. There are many options, including special needs trusts, powers of attorney, and guardianships, among others. Each option has pros and cons, and depending on their legal capacity and intellectual ability, the person with special needs may not be eligible for some of these options. At HBD, we make sure that everyone’s needs are addressed.
Sarah E. Brown
Hillman, Brown & Darrow, P.A.
My spouse passed away with a big credit card balance. Should I pay it off?
It typically pays to wait. If you weren’t on the card and didn’t use it, you aren’t responsible for the debt, and neither your assets nor the joint assets you owned with your spouse can be attached to pay it. In the probate process, credit card companies are among the last to be paid after higher priority expenses (funeral, taxes, etc.), and if you call them and request it, they will typically offer discounts—sometimes significant—to get their debt paid.
Jonathan E. Pasterick
Hillman, Brown & Darrow, P.A.
Can I be a coach or go on my child’s field trip with the school if there is a protective order against me?
Parents who want to chaperone or volunteer at a public school must pass a commercial or fingerprint supported background check. Requests for approval are considered on a case-by-case basis. Convictions for certain crimes or entry of a protective order may result in a parent being denied the opportunity to chaperone or volunteer—or even prevent access to the school. One of our Annapolis attorneys can help you avoid convictions or protective orders in the first place and potentially help you clear your record.
Crighton A. Chase
Hillman, Brown & Darrow, P.A.
With thousands of lawyers out there, how do I find the best lawyer to handle my car crash?
You wouldn’t hire a doctor who says “I handle dermatology, allergies, lung cancer and oh, by the way, I do brain surgery on the side.” Lawyers that limit their practice to car crash cases will most likely get much better results than lawyers that don’t. They live and breathe those issues daily. Start there – find someone handling only the problem you have. Then check them out on line, with a judge you may know, through MartindaleHubble.com (find lawyers with an “AV” rating), ask other lawyers, read client reviews, look in Faces of Annapolis Magazine, ask bailiffs or courtroom clerks who watch lawyers in court every day. Find lawyers that have built their reputations on trial results. Insurance adjusters know which lawyers will push hard for the best results and which will settle easily for less money. You need that information too.
Rick Jaklitsch
The Jaklitsch Law Group | 1-(855)-Big-Dog1
How do I minimize my legal risk as an employer?
The answer to this could take hours and depends upon the employer’s size, industry and location of employees. First and foremost, however, employers should know which employment laws apply to their workforce. There are a plethora of federal, state and local laws that may apply to employees depending upon various factors. In Maryland, employers with as few as one employee whose primary workplace is in the State are covered by the Maryland Healthy Working Families Act. This law requires employers to provide safe and sick leave to qualifying employees. Becoming aware of applicable laws becomes even trickier in the remote work environment in which employees located outside of Maryland may be covered by other state and local laws.
Melissa Menkel McGuire
Liff, Walsh & Simmons
What are the steps for obtaining a divorce in Maryland?
If you or your spouse are residents, or Maryland otherwise has jurisdiction, the process of divorce is handled by the Circuit Court for Anne Arundel County (located on Church Circle in Annapolis). Legal grounds are required, which may include non-fault grounds such as Consent with a Marital Settlement Agreement and/or Separation for a year and a day, or fault grounds such as adultery or vicious conduct. To obtain a divorce, all issues of property and support, and custody of children need to be fully resolved. This process can occur through negotiations with agreement, a mediated settlement process or through a court trial process. Every case is unique. We would be pleased to give you legal advice on the process.
Kendall Summers, Esquire
Kendall Summers Law
How can I avoid a business bankruptcy?
Businesses can experience a wide range of financial difficulties that can range from adverse judgments, lease disputes, business downturns or internal ownership disputes. In order to avoid a bankruptcy, business owners must seek advice for their financial problem early on and not ignore the impending issue. As one of the leading Maryland bankruptcy firms, our goal is to avoid bankruptcy and use workouts and other creative solutions, whenever possible. If a bankruptcy provides the best resolution, our firm will guide that process with an experienced and personal approach. We rely on a collaborative effort with our clients and their existing team to achieve the favorable results that we are known to deliver.
Paul Sweeney, Managing Member, YVS Law
Catherine K. Hopkin, Member, YVS Law
If Iliff, Meredith, Wildberger & Brennan, P.C. represents me, will I continue throughout my matter to speak with an attorney who is working on my case when I contact the firm?
Yes. Iliff, Meredith, Wildberger & Brennan, P.C. is a small law firm, and we are selective in choosing the matters in which we will undertake representation. One of the reasons for this is that we are a client-friendly law firm at which at which our attorneys communicate directly with, and are accessible to, our clients.
Kathleen Howard Meredith
Iliff, Meredith, Wildberger & Brennan, P.C.
Does my limited liability company (LLC) need an operating agreement, and do I really need an attorney to prepare it?
Although Maryland does not require LLCs to have one, it is advisable to have a written operating agreement for your LLC. The operating agreement is the key document that will govern the relationship between you and your business partners. As a business litigator, I too often see contentious disputes that could have been easily avoided with a well-written operating agreement. Key choices like who will manage the LLC, how major decisions will be made, and how profits and losses will be allocated should be made up front. While the urge to save a couple bucks and use an internet service to create an operating agreement is understandable, those services will likely not be able to provide you with legal advice catered toward the unique aspects of your business. An attorney can help you craft an operating agreement that meets your specific needs and serves as a roadmap to manage the affairs of your business.
N. Tucker Meneely
Council Baradel
What is mediation and Alternative Dispute Resolution?
Alternative Dispute Resolution is an umbrella term lawyers use to refer to the methods available to resolve issues outside of the courtroom. Mediation is commonly used in family law but legal professionals are pursuing mediation with more frequency as a result of ballooning court dockets and the high cost associated with courtroom litigation. During mediation, a neutral third-party mediator will conduct negotiations between two parties, typically represented by counsel. Mediation is confidential and non-binding prior to agreement, so any settlement must be mutual. Unlike courtroom resolutions, mediation provides parties more autonomy and control over the process of reaching a solution.
Paul Weber
Hyatt & Weber, P.A.
What should I expect from my lawyer in litigation?
Litigation results after a lawsuit has been filed. While litigation can often be avoided, there are instances where the court has to be utilized. Competent legal counsel should advise you throughout the process. In advising you, your lawyer should not be a cheerleader; he/she should clearly communicate the pros and cons of the factual and legal landscape of your case. Litigation is unpredictable, but your lawyer should be able to advise you of the approximate costs and benefits in pursuing certain strategies in litigation.
Jeffrey P. Bowman
Bowman Jarashow Law llc
What does McNamee Hosea offer its clients that separates it from other law firms?
McNamee Hosea attorneys always provide their clients with consistent and clear communication to solve whatever legal problem needs to be solved. Whether your legal problem involves a business dispute, an estates and trust issue, litigation, employment, zoning, contract, criminal defense, bankruptcy, or anything in between, you can trust that McNamee Hosea attorneys will be understanding and empathetic. For more than forty years, our skilled trial attorneys and advisors have provided creative solutions to complex legal issues. Because of our diverse practice experience, we can handle all of your legal needs within our Firm, resolving them effectively and efficiently.
Jennifer M. Alexander
McNamee Hosea
My partner and I are not married, but we share a primary residence. Is there a way that we can leave our primary residence to each other without having to pay Maryland’s 10% inheritance tax?
Yes! If you and your partner are “domestic partners” as defined by Maryland law (at least 18, not related, not married to anyone else, and in a relationship of mutual interdependence), there is a way to structure that inheritance so that it is exempted from the 10% inheritance tax. In addition to meeting the definition you must complete an affidavit with accompanying documentation.
Deborah F. Howe
Franke Beckett LLC
When is it too late to do Medicaid planning?
It is never too late to do Medicaid planning. However, the best way to plan for Medicaid and long-term care is to do so well before the need arises. This is pre-need planning, and it gives you the most options for preserving your assets. Crisis planning, when someone is already in a nursing home or needs immediate long-term care, can be an incredible help to those facing an immediate need for Medicaid benefits. But, crisis planning has its disadvantages, such as the inability to take advantage of planning that escapes the 5-year look-back period, which may reduce the amount of assets you are able to preserve.
Laura T. Curry
Sinclair Prosser Gasior
Will court backlogs due to the pandemic cause significant delays to separation, divorce, and custody cases?
The good news is that the courts have now resumed a normal operation schedule. While there is a slight delay in scheduling lengthy trials due to pandemic postponements, the courts are conducting many hearings such as scheduling conferences, pretrial conferences, and mutual consent divorce hearings remotely. Through this process the court has minimized delays and disruptions to the parties involved. If one is considering moving forward with a family law case, it is still important to be prepared with an attorney to begin the process and to best protect your interests and assets.
Thomas J. Fleckenstein
The Law Office of Thomas J. Fleckenstein
Should I put my adult children’s names on my bank accounts and deed to my house?
Putting adult children’s names on bank accounts and other assets is one of the biggest estate planning mistakes people make. When adding your children to accounts or other assets, you are giving your children an ownership interest in your assets, which could subject your assets to your children’s creditors. There could also be unintended negative tax consequences when the kids sell certain assets after your death. Finally, you could be creating animosity in the family if you have multiple children but only add one child to your accounts. This can be avoided with proper estate planning.
Greg Jimeno
Jimeno & Gray, P.A.
How will my Prenuptial Agreement affect my divorce?
Any agreement signed by future spouses that deals with property, finances, and other assets during marriage, or in the event of a divorce, falls under the prenuptial agreement umbrella. How, or even whether, your Agreement will be applied depends not just on the terms of the agreement, but on the circumstances surrounding its negotiation and signing. When you signed it, who wrote it, whether you had an attorney, and what each of you knew about the other’s financial situation can be just as important as the language of the Agreement itself. It’s imperative to speak to a knowledgeable attorney who can help you avoid common pitfalls.
Marietta B. Warren
Hillman, Brown & Darrow, P.A.
What are the responsibilities of the Executor of an estate?
In Maryland, the Executor of an estate is known as the Personal Representative, and the Personal Representative is appointed by the decedent in the decedent’s Will. The Personal Representative is required to “administer” the decedent’s estate, which includes (i) identifying and valuing the assets; (ii) preparing and filing required documents with the Register of Wills; and (iii) distributing the assets to the beneficiaries in accordance with the terms of the decedent’s Will. The Personal Representative does not determine how the assets are distributed to the beneficiaries, and the Personal Representative may not make revisions to the decedent’s Will.
Sarah Dwyer-Heidkamp
MDSW
What sort of estate planning issues arise from transferring a family business to the next generation?
Each situation is different, but a primary concern is control and governance: who will inherit voting power, and what rights will minority members have if they want to sell? These matters can typically be addressed through a shareholder or partnership agreement. A well-crafted estate plan will give minority owners the ability to exit the business without creating undue litigation risk or the threat of a forced sale. Income and estate tax concerns must also be addressed in the succession plan. Franke Beckett LLC brings both planning and litigation experience to the table in assisting business owners with their estate planning.
Jack K. Beckett
Franke Beckett LLC
What duties do at-will employees owe to their employers?
Employees, regardless of whether they are at will or under contract, owe their employers a duty of loyalty, whereby employees must act solely for the benefit of their employers in all matters within the scope of employment, avoiding all conflicts between their duties to the employers and their own self-interests. This would include refraining from actively and directly competing against employers while still employed. Further, employees must safeguard their employers’ confidential information and they have no right to disclose such information without the employers’ consent. All employers should review and update their employee handbooks and policies so employees clearly understand all such duties.
Jonathan P. Kagan, Esquire
Kagan Stern Marinello & Beard, LLC
Will my bankruptcy appear in my credit report and how will it affect me?
In most cases, Bankruptcy will typically discharge all your debt liability, leaving you a much better Credit Score and out-of-debt after your discharge. When you then make timely payments, you can usually receive new credit at good rates within 10 months and obtain a Mortgage after two years. While the Bankruptcy will be listed on your Credit Report, Lenders make loans based on Debt Ratio, Income & credit worthiness. There are exceptions, but you will probably have little difficulty in re-establishing credit.
Cami Russack
RLC Lawyers & Consultants
Should I be thinking about planning my Estate?
ABSOLUTLEY! Estate planning allows you to care for those you love, and to provide for those you love to care for you. Estate planning does not have to be complicated or even extremely expensive. The process involves preparing and properly executing legal documents that allow you to (1) designate someone you trust to handle your financial decisions (via Powers of Attorney), (2) designate someone you trust to make medical decisions for you (Advance Directives); (3) set up the distribution of your property/estate when you die (Wills/Trusts); and (4) hold certain property in a trust for various purposes such as care for spouses, children, pets and also for tax planning. We are happy to guide you through this process.
Kendall Summers, Esquire
Kendall Summers Law
How will you communicate with me throughout my case?
The most critical element to every relationship is open communication.
The attorneys at Cochran & Chhabra believe maintaining dialogue with clients leads to greater success in every case. Our clients have our cell phone numbers and emails for 24/7 personalized attention because maintaining a strong attorney-client relationship is paramount to our firm’s philosophy. Before you even pick up the phone, there is a feature on our website where you can chat with an attorney about the details of your case. We look forward to taking your call.
Mandeep Chhabra
Cochran & Chhabra
What separates Cochran & Chhabra from other firms?
Since its founding in 1970, the philosophy at Cochran & Chhabra implements an individualized approach to every case. They recognize that no two clients are the same which calls for personalized attention. The attorneys at Cochran & Chhabra walk their clients through each step of the case because they believe it is important for them to understand the judicial process. They do not believe in cookie cutter solutions and provide a holistic approach to ensure the best possible outcome in court. “Our clients are important to us and we want you to feel supported even beyond the conclusion of your case” -Mandeep.
Mandeep Chhabra
Cochran & Chhabra
Can my spouse gain access to detailed financial information regarding my business during our divorce?
Discovery rules are quite broad and permissive in family law cases. Even when a business was established prior to the marriage, if it was owned by a spouse during the marriage, certain books and records of the business will likely be discoverable during a divorce case, including but not limited to corporate tax returns, profit and loss statements, corporate formation documents, depreciation schedules, partner distributions and employee wage and salary data. The stock of the business may be subject to valuation, which can be an expensive and intrusive process. It is important to work with a legal team equipped to navigate the added challenges associated with business ownership and other complex assets in the context of divorce.
Janine Evans Wolford
MDSW
Are you unemployed? Behind on your rent, mortgage, or car payment? Do you have mounting medical or credit card debt? Did the Coronavirus pull the rug out from under you?
You’ve Got Options! There are major differences between debt consolidation, debt settlement, and bankruptcy. Bankruptcy is a legal proceeding for those that cannot afford to pay their debts. It enables a business or person to become debt-free by allowing them to get a fresh start. There is no greater time than now to get a free & confidential consultation to learn about your options. We can discuss debt consolidation, debt settlement, and bankruptcy. The Law Office of Andrea Ross remains open for business during the current Coronavirus crisis and will continue to file new cases. It is important to stay calm and understand there are solutions available for people facing financial difficulty.
Andie Ross, Esq.
The Law Office of Andrea Ross, (800) 758-9265
What should I do if I get into a car accident?
If you are involved in an auto accident it is very important to (i) call the police; (ii) exchange information with the at-fault driver getting insurance information, driver’s license number and tag number (with the advent of smart phones — it is super easy to simply take pictures of all of these things); (iii) take a picture of the property damage and the location of the accident; (iv) seek medical treatment, and (v) contact a lawyer.
John Leo Walter, Esquire
Eastern Shore Legal®