Monthly Archives: December 2012

Temporary Protected Status Registration Period Extended for Haitians

In October 2012, the United States Citizen and Immigration Service (“USCIS”) extended the Temporary Protective Status (“TPS”) period for Haitians to July 22, 2014 as a result of a devastating earthquake that hit the country in 2010. On December 27, 2012 the USCIS announced that it was extending the 60-day period for Haitians to re-register for TPS through January 29, 2013 (the prior deadline was November 30, 2012). The deadline to re-register was extended largely because of the effect that Hurricane Sandy had on many areas with high Haitian populations.

The re-registration deadline applies to people that have already been granted TPS status and is necessary to maintain status. However, even those that have never been granted TPS may be eligible to file a late application. Haitians who have continuously resided in the United States since January 12, 2011 are eligible to apply for TPS status. Even if a person’s residence was not continuous since that time, an immigration attorney will be able to evaluate the case to see if the person falls into an exception.

5 Things to Consider Before You Create a Limited Liability Company in Florida

The Limited Liability Company (“LLC”) has gained popularity in recent years. Often thought of as a merger between the corporation and traditional partnership, creating an LLC is an important step towards legitimizing and protecting your business. Here are five things to consider before you get started.

  1. Your Goals: An LLC is one of the most flexible business entities you can create due to drawing the best qualities from partnerships and corporations. For example, LLCs provide the limited liability protection of a corporation and tax benefits of a partnership. However, members can elect for the LLC to be treated as a corporation for tax purposes, and a single-member LLC will result in the owner being taxed as a sole-proprietor.  Members are free to decide how management will be structured, how contributions and distributions will be allocated, who has managerial control, and whether or when capital calls will be necessary.  An LLC is limited in some respects.  For example, if you ever plan to take your company public you will have to convert to a corporation, which may result in tax consequences. Also, LLCs may not be attractive to companies that need to raise significant funding from investors or venture funds, as tax consequences to those outside investors may be problematic.
  2. Choosing a State for Organization: LLCs are recognized in all 50 states. While states like Delaware, Nevada, and Wyoming are generally considered to be favorable states for registering an LLC, if you do business in any other state you will need to re-register as a foreign company in that state. In the interest of keeping costs low, you should generally register your LLC in the state that you intend to conduct most of your business.  Florida’s LLC fees are relatively low and registration is easy.   Continue reading →

Immigration Basics Series – Helping a Family Member Obtain a Green Card

Are you a U.S. Citizen who wants to help a family member obtain a green card? Here is the basic who, what, when, where and why of the process.

— with guest author E. Adriana Kostencki

Who can I sponsor?

Any citizen of the United States can help certain family members become a “lawful permanent resident” – often referred to as obtaining a “green card” – by applying to the U.S. government. A citizen can apply on behalf of a spouse or children, and citizens 21 years old or older may also apply for their parents or siblings. The citizen, or “sponsor,” must establish a family relationship and that he or she has enough income or assets to support the family member in the United States.

What is a green card?Permenant-Resident-Card-Banner-POV

A “green card” is literally a green card that proves a person is authorized to live and work in the United States on a permanent basis and is registered according to the law. A green card is generally valid for ten years, but may be renewed indefinitely.

When will my family member obtain their green card?

A U.S. citizen’s spouse, unmarried children under 21, and parents will be invited to apply for an immigrant visa or adjustment of status as soon as your application to the government is approved. If your family member is already in the United States after entering legally, he or she can apply to adjust his or her status at the same time you file the petition. Other family members may have to wait several years before they can adjust their status in the United States. You can check processing times on the USCIS’s website.

Continue reading →

13 Ways for Solos and Small Law Firms to Save Big in 2013

It is time to start thinking about your firm’s goals for 2013.  Consider these 13 tips to help you cut costs and make your business more profitable.

  1. Outsource your legal research and writing projects to a freelance attorney.  There are many freelancers that excel in research and writing, and they provide an efficient solution to your dread of pouring over cases or revising that motion for the 15th time.  Allow someone who enjoys research and writing to bear the burden for you.  Learn more about freelance legal work here.
  2. Take advantage of free software.  There are a number of options, including OpenOffice for word processing, spreadsheets, and database management.   You can get Outlook-like email and calendaring through Mozilla with Lightning.  There are free accounting providers too…check out Gnucash and Outright.
  3. Take your marketing efforts on-line.  There is no excuse for not being familiar with at least one free social networking platform like Linked-In, Facebook, Twitter, Google+, Reddit, or blogging.  Your branding efforts are complemented by an online presence, and it is very simple to become familiar with these tools.
  4. Buy IT service in bundles.  Rather than paying a monthly fee that may be wasted if you have do not have any technology issues for a few weeks, ask your IT guy to give you a bundle of hours at a time.  Even if the hourly rate initially seems high, you know you are using only what you need and not paying for services you do not use.  Plus, the “IT guy” market is competitive, and he or she will probably be willing to negotiate to keep your business.
  5. Go online for telephone and fax service.  Verizon, Skype, Vonage, AT&T, and GalaxyVoice are just some of the providers that give you variations of unlimited calling for between $20.00 and $35.00 a month.  A great review of the quality of the various providers can be found here.  Fax service can be had for between $5.00 and $20.00 a month with services like Nextiva, Myfax, and Metrofax.
  6. Buy supplies online.  Most large office supply retailers now provide free delivery and features that “remember” your favorite items, so save yourself and your employees time by ordering online.
  7. Go green.  It goes without saying that costs for paper, toner, printer maintenance, and the like can easily add up to thousands of dollars per year.  Further, storage fees for mountains of paper will quickly leave you buried.  Print only what you absolutely must, print double-sided when possible, and teach  yourself to review documents on-screen.
  8. Use free online storage providers.  Rather than paying hundreds of dollars for back-up storage devices, consider using free services like JustCloud and Box.  However, be cognizant of privacy, privilege and security issues and make sure your provider encrypts the files during transmission using an HTTPS connection.  Learn more here and here.
  9. Outsource time intensive work to a freelance attorney.  Review of voluminous contracts or responding to a document-heavy request for production may be better served by hiring temporary outside help.  Sending the work to a freelance attorney frees up your time to focus on your case and client, while ensuring the work receives the attention it deserves.
  10. Familiarize yourself with all possible small business deductions.  The IRS offers online workshops to help small businesses learn about their tax rights and responsibilities.  Here are twelve deductions that many small businesses might overlook.
  11. Use “group buying power.”  GroupEsq uses the buying power of groups of attorneys to get savings on things like CLEs, process servers, and legal research.
  12. Cut back on memberships in professional organizations.  If you are like me, you signed up for nearly every possible networking group at some point in your career.  As your practice narrows and you become more focused on certain areas of the law, cut back on memberships in groups that are not relevant to you anymore.  This should cut back on the amount of junk email you receive, too!
  13. Print your own postage and sign up for business accounts with the major shipping companies.  Fed Ex, USPS, and UPS all offer ways for you to print postage and shipping labels directly from your computer.  If you are an account holder with these companies, you may be eligible for special discounts and bulk pricing.

Your small business was served with a writ of garnishment. Now what?

A writ of garnishment is an order issued by a court requiring the person or entity served with the writ (“garnishee”) to withhold property of the judgment debtor in the garnishee’s possession for the benefit of the judgment creditor (“garnishor”). Small businesses most frequently encounter a continuing writ of garnishment against the salary or wages of an employee. This means that some entity or person has obtained a judgment against your employee and is now trying to collect money on that judgment by reaching money that you, as the employer, owe the employee.

Garnishment

If your company is served with a writ of garnishment, realize that it is a powerful legal document that affects not only the rights of your employee, but could result in a judgment being entered against your company if you fail to respond to it.  In Florida, you have 20 days from the date you were served to file an answer to the writ, and it is important to adhere strictly to this deadline. A savvy lawyer on the other side will act quickly to obtain a judgment against your business immediately after the 20 days expires.

Continue reading →

Five Reasons Why Solos or Small Firms Should Hire a Freelance Attorney

Clients’ requests for alternatives to the infamous billable hour are on the rise.  Freelancing attorneys are just one group of professionals changing the way we practice law by utilizing new ideas and strategies to provide legal services.   Sometimes a solo practitioner or small law firm needs additional help, but may be wary of bringing on a full time attorney in today’s economic environment.  Below are five benefits to solo practitioners and small firms that hire freelance attorneys.

1.  Freelance Attorneys Cost Less  

This is a no-brainer.  Freelance attorneys cost less than a full-time associate.  There are zero overhead costs like insurance, office space, or secretarial support.  With today’s cost-conscious clients, many times it simply makes financial sense to turn to a freelance attorney for assistance on a time-limited project.  Freelance attorneys can charge a flat fee or low hourly rate for their services, and because they work for themselves their fees are reasonable and reflect their minimal overhead expenses.

2.    Solos and Small Firms Can Profit From Freelance Attorneys

According to ABA Formal Opinion 00-420, a surcharge to the cost of using a freelance lawyer is appropriate, as long as the total charge represents a reasonable fee for services.  Further, by outsourcing projects that a freelance attorney is better situated to handle, solos and small firms free up their time to accept other profitable work and to develop their book of business.

3.    Freelance Attorneys Provide Honest, Quality Work

Without big-firm pressures to meet billable hour requirements, freelance attorneys complete the assignment requested.  Nothing more, nothing less.  For example, parties may agree ahead of time to a flat fee for a motion to dismiss or a research project that is to be billed by the hour, but not to exceed a set range of hours.  This alleviates the client’s concern that the attorney is “churning fees” and ensures a quality work product.  Further, the freelance attorney will work hard to impress and maintain the relationship with the retaining attorney.   Freelance attorneys can be selective about their assignments, so you can be assured that your freelancer is excited about the work and willing to put forth their best effort.

 4.  Hiring a Freelance Attorney Allows You To Provide Better Service to Your Clients

Feeling overwhelmed by an impending motion for summary judgment, or putting off tackling that research project because you do not know where to start?  Turning to a freelancer can ease those pressures and allow you to focus on the aspects of practicing law that make you tick.  Some attorneys simply do not like to write or research, and others cannot stand the thought of document review.  Again, because freelancers can be selective about their work, you can be certain your project will get the full attention it deserves.

5.  Freelance Attorneys are Flexible

Freelance attorneys are not always the same as “contract attorneys.”  Freelance professionals are self-employed, handle their own fees, offices, schedules, professional fee obligations, and the like.   They are paid as a 1099-reportable independent contractor.  To hire a freelancer, you do not have to deal with (or pay) a third-party agency or placement coordinator.  The process is simple with no hidden costs or red tape.  The relationship between the freelancer and the retaining attorney can be one-time or ongoing.

Bottom line:  Freelance professionals are there to make your practice simpler, more productive and efficient while passing financial savings along to your clients.

© Junilla Sledziewski 2012.