Rules for Tax-Smart Charitable Giving

In celebration of #GivingTuesday this year, the global day dedicated to giving back, Bruce and Leah share some thoughts on charitable giving. 

"Doing good deeds is second nature to many of my friends. These deeds can be small or large. They can be in acts of personal kindness or more global attempts to fix a problem. They can be by writing a check or spending time.

Some say what really matters is the intention or reason for giving of oneself. I don't agree. What matters is the good that is done. A good deed that helps others remains a help to others. So my thought as I reflect on Giving Tuesday is that we need more people to give. We should encourage giving even by those who give out of a sense that they do not want to be judged only by those other things they have done. Who knows the good deed may and should feel so good that it will encourage more positive conduct in his or her life. A journey starts with an intention to take one step." - Attorney Bruce Stanger

"So many nonprofit organizations contribute so much to our society and the quality of life in our communities. Find a nonprofit organization whose mission resonates deeply with you, and whose passion you share. Make sure that the organization is committed to excellence and best practices in all aspects of its operations. Give as generously as you can afford. Then enjoy the satisfaction that comes from contributing to something you care about." Attorney Leah Cohen Chatinover 

In oil baron's divorce, company lawyer plays star role

Wow billions to split in a divorce with most of the money tied up in a closely held business creates different dynamics. Is the lawyer for the company behaving badly by being in the court room during the divorce (behind closed doors)? Probably not. See the article posted on Reuters here.

When one spouse owns a business worth a lot of money the other spouse has a right to learn a lot about that business. Are funds being hidden? What is the business really worth? Should/could the owner be taking more money out of the business which could increase the alimony/child support a court may award.

So bottom line, if you or your spouse owns a business, expect your lawyer to ask for information about that business and expect a fight over what will or should be disclosed.

When billions are at stake the decision on whether or not to chase that information is easy. It is hard to decide how much money and energy to spend on the typical smaller business valuation. We have experts that we use to do such a valuation in the divorces we handle. We decide with the client if it is worth doing so. It is a cost benefit analysis. An analysis that has be done with limited information.

Call if we can help.

A Modern Day Bonnie and Clyde

Lawyers sometimes are simply crooks. Just like any other crook they take advantage of opportunities to steal from others. Our crooked lawyer in this case worked as a patent lawyer for a big company on the companies patents. He was an employee of the company working full time for just that one client, his employer.

A patent lawyer can and should do research both before and after applying for a patent of other patents that are related. For example research into other patents to see if what their client wants to patent is truly something new. One enterprising crook who is of course a lawyer (well at this point he and his wife are alleged crooks as the case has not gone to trial) with his wife created a fake patent research company. Our lawyer behaving badly sent invoices from his fake patent research firm to his employer, who of course made the payments. The charges were on average between $30,000 and $40,000 per month. This went on for years allowing them to buy those extra toys like summer homes, boats etc. The total alleged stolen was $5,000,000.

In response to -
http://ipethicslaw.com/a-modern-day-bonnie-and-clyde-former-ip-general-counsel-and-his-spouse-accused-of-racketeering-theft-in-alleged-5-million-patent-search-billing-scheme/

Low Cost Divorces

If you have no children and limited assets, try the Court Services Center, located in court houses throughout the state. The people there work to shepherd the litigants representing themselves through the system as they get divorced. I have done these for under $1,000. Which can be split.

For those who do have some money and or children but are able to talk to and compromise with their spouse I have been able to get a number of couples divorced using mediation. Both Husband and Wife hire me, not as their legal counsel, but as someone they can both use in coming to a conclusion on a deal and preparing the paperwork. If requested I can even go to court on the day of the divorce. I have done these for under $1,500. Which can be split.

For those who can’t deal with their spouse, mediation can often be the solution as well. Sometimes I can get the parties to see that spending lots of money on lawyers is not the answer. Rich or poor it is a negative way to go. Especially where there are children the parents need to find a way to work things out.

We Sue Doctors. We Sue Hospitals.

A man travels to Africa, comes home to the US, ends up in a hospital with a fever. Yes, of course we believe he should be checked for Ebola. Is the failure to do so malpractice? Seems pretty obvious to me that it is, but the real question is what is the standard of care in a hospital setting. It is not what I think but what other similarly situated medical care providers would say is normally done. That is the standard – medical professionals must provide reasonable care when compared to what other professionals do. It does not have to be the best, it just has to be reasonable.

Should Melissa Rivers sue Joan River's doctors for Medical Malpractice?

Well they are still talking about it. Should Joan Rivers daughter (really Joan's estate) sue River's doctors for Medical Malpractice? No surprise, but I say yes if it is clear negligence with clear damages.

My bottom line is that if a professional commits malpractice then their insurance company should pay reasonable (real) damages. Malpractice is simply negligence. We are not surprised when reasonable real damages are paid by the driver's insurance company after a car accident. If a driver screws up and someone is damaged, then insurance pays. If a doctor screws up, then insurance should pay.

We sue professionals for real damages caused by negligence. We sue lawyers. We sue accountants. We sue dentists. We sue hospitals. We sue doctors. We sue nursing homes. And we are proud of the work we do in demanding compensation for victims of professions malpractice.

Joan Rivers’ Doctor Faced a Past Malpractice Suit

We sue professionals. We sue doctors. We sue lawyers. It was recently reported that one of Joan Rivers doctors had faced a prior malpractice suit. Although we clearly believe professionals (including doctors) should be held responsible for negligent conduct, most prior claims of malpractice are not relevant to a different claim of negligence. Unless the prior claim of malpractice involved the same error it is of little value and many courts will say it is entirely irrelevant.

Why?

If I ran a stop sign 4 years ago it does not indicate a propensity to speed. I am not sure it even indicates a propensity to run stop signs. I made a mistake once. I should be liable for damages caused by my negligence (mistake) but it does not mean in a case involving speeding that it is at all relevant to say 10 years ago I ran a stop sign. Yes of course if I ran a stop sign at 4pm telling the officer I was late for a 5 pm meeting. If I then was speeding and caused an accident to happen, it would be relevant. But not if it happened many hours earlier or many years earlier.

So bottom line is that although it may be interesting to lay people to hear more about the players in a current story about a star, it is of no significance in a claim of malpractice.