Part 5: Reduced Stress - Finding Peace in Flat Fee Family Law

Welcome back to our Flat Fee Family Law Blog Series, where we are on a mission to simplify the world of billing for family law matters and empower you with knowledge. In this part, we will explore a critical aspect of the flat fee structure: the reduction of stress during challenging legal situations.

Stress and Family Law: A Common Combination:

Legal matters, especially those involving family issues like divorce, child custody, or spousal support, can be emotionally charged and stressful. The financial aspect, often associated with hourly billing, can worsen this stress. This is where flat fee structures come to the rescue.

The Stress-Reducing Magic of Flat Fees:

Let us delve into how flat fees can alleviate stress in family law cases:

1. Predictable Costs: With flat fees, you know the exact cost of your legal services upfront. There are no surprises, hidden fees, or escalating bills. This predictability allows you to budget effectively and reduces the anxiety associated with uncertain legal expenses.

2. No Fear of the Clock: Hourly billing can make every interaction with your attorney feel like a race against the clock. The constant worry about how much each minute costs can discourage open communication and create unnecessary stress. Flat fees remove this barrier, allowing you to freely discuss your concerns, ask questions, and seek guidance without anxiety.

3. Focusing on Your Case: Legal matters can be all-consuming, and the fear of mounting legal fees can divert your attention from the essential aspects of your case. A flat fee structure allows you to concentrate on the merits of your case, your well-being, and your family's future without the constant financial stress.

4. Peace of Mind: One of the most significant advantages of a flat fee is the peace of mind it provides. You can navigate your family law journey with confidence, knowing that you will not be hit with unexpected and potentially exorbitant bills. This peace of mind can be invaluable during emotionally charged legal proceedings.

5. Fostering Cooperation: Reduced financial stress can foster cooperation between parties in family law cases. When both sides can focus on finding common ground and working towards a resolution, it often leads to quicker outcomes.

Conclusion:

In the tumultuous world of family law, where emotions run high and every decision is significant, reducing stress is crucial. A flat fee structure can help you achieve just that. It offers predictability, removes the fear of the clock, allows you to focus on your case, and provides peace of mind during challenging legal situations.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more reasons why a flat fee structure might be the right choice for your family law case. Stay tuned for the next part, where we will uncover how flat fees encourage open communication and collaboration between you and your attorney, leading to more effective teamwork and better outcomes.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 4: Efficient Resolution – How Flat Fees Streamline Family Law Cases

Welcome back to our Flat Fee Family Law Blog Series, where we make the complex, confusing, and value destroying world of hourly billing in family law matters. In this part, we will delve into a crucial advantage of flat fee structures in family law: efficient resolution.

The Need for Efficiency in Family Law:

Family law cases, whether they involve divorce, child custody, or spousal support, often come with heightened emotions and significant stress. It is essential to find a path to resolution that minimizes the emotional toll and maximizes efficiency. This is where the flat fee structure stands out.

The Motivation for Efficiency:

With traditional hourly billing, attorneys bill their clients for every minute they spend working on a case. This can inadvertently create a disincentive for swift resolution. Lawyers may have a financial interest in prolonging the process. That said, flat fees change this dynamic.

How Flat Fees Encourage Efficiency:

Let us explore how flat fees urge attorneys to resolve your family law case efficiently:

1. Focus on Outcomes, Not Billable Hours: Under a flat fee arrangement, you pay a predetermined amount, no matter how much time your attorney spends on your case. This means they have a strong incentive to focus on achieving the best possible outcome for you as efficiently as possible. They are not motivated to bill for every minute; instead, they aim to resolve your case effectively.

2. Prompt Resolution Equals Savings: Lengthy legal battles can be costly, emotionally draining, and time-consuming. Attorneys working on a flat fee structure understand that the sooner your case is resolved, the more cost-effective it is for both parties. This motivates them to look for quicker and more efficient solutions.

3. Client-Centered Approach: Flat fees align the attorney's interests with yours. Both you and your attorney want the case to conclude promptly and favorably. This constructive collaboration often leads to a client-centered approach, where your attorney works diligently to understand your goals and develop a strategy that achieves them efficiently.

4. Reduced Stress and Uncertainty: Swift resolution minimizes the emotional toll on all parties involved. It means less time spent worrying about the case and more time focusing on moving forward with your life. A flat fee structure helps reduce the stress and uncertainty that can go with lengthy legal proceedings.

5. Cost Savings for You: Efficiency helps your attorney and translates into cost savings for you. When your attorney works efficiently, they spend less time focusing on billing to your case, resulting in lower overall legal costs.

Conclusion:

In the realm of family law, where emotions often run high and the need for closure is paramount, efficiency is an asset. The flat fee structure aligns both your and your attorney's interests, encouraging a focus on prompt and effective resolution.

As we continue our journey through the Flat Fee Family Law Blog Series, we will expand on the benefits of flat fee structures, helping you make informed decisions when considering who you hire for your complex family law matter. Stay tuned for the next part, where we will examine how flat fees can help reduce stress during challenging legal situations.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 3: No Fear of the Clock – How Flat Fees Improve Family Law Communication

Welcome back to our Flat Fee Family Law Blog Series, where we walk through the benefits of flat fee pricing for family law matters.  In this part, we will explore a significant advantage of choosing a flat fee structure for your family law case: the absence of fear of the clock.

The Dread of Hourly Billing:

Imagine you are in a library, and every second you spend reading a book comes with a price tag. The more you read, the more you pay. Can you concentrate on the text and genuinely enjoy the experience? Probably not. This is how hourly billing can feel in legal services, especially family law cases.

Hourly billing means you pay your attorney based on their time working on your case, not the results they seek. Every phone call, email, or meeting adds to your bill. This can lead to a constant worry about how much each interaction costs you. It is like a ticking clock in the background, making you hesitate to ask for advice or updates.

Flat Fees: Removing the Clock’s Ticking

Now, let us shift our focus to flat fees. When you choose a flat fee structure, you and your attorney agree on a fixed amount for their services right at the start of your case. This predetermined cost covers everything, from first consultations to courtroom appearances and everything in between.

With a flat fee, the clock is no longer your enemy. Here is why this is such a game-changer:

1. Open Communication: Open and honest communication with your attorney is vital in family law. You must discuss your concerns, ask questions, and seek guidance freely. That said, hourly billing can create a barrier to such open communication. You might find yourself worrying about how each conversation affects your bill. A flat fee structure encourages open dialogue because you are not counting minutes or emails.

2. Seeking Advice Without Hesitation: Legal matters can be confusing, and you will likely have many questions. With hourly billing, the fear of the clock ticking can make you hesitate to contact your attorney. You might figure things out alone or delay seeking advice, which is not ideal. Flat fees remove this barrier. You can call or send an email without worrying about more charges.

3. Focusing on Your Case: When you are dealing with family law issues like divorce or child custody, emotions often run high. The last thing you need is the added stress of watching the clock. A flat fee structure allows you to concentrate on the important aspects of your case without constantly checking your wallet. You and your attorney can focus on the strategy and achieving the best outcome for your family.

4. Collaborative Problem-Solving: Flat fees promote collaboration. You and your attorney can work together effectively, strategizing, and problem-solving without concerns about the cost of each meeting. This collaborative approach can lead to better outcomes in your family law case.

Conclusion:

In the world of family law, where open communication and prompt advice are essential, a flat fee structure shines. It cuts the fear of the clock, allowing you to discuss your concerns openly, seek advice without hesitation, and concentrate on the most critical aspects of your case.

As we progress through the Flat Fee Family Law Blog Series, we will continue to explore the benefits of flat fee structures, making it easier for you to navigate the complexities of your family law matter with confidence. Stay tuned for the next part, where we will uncover how flat fees can lead to more efficient resolutions in your family law case.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 2: Predictable Costs - The Power of Flat Fee Family Law

Welcome back to our Flat Fee Family Law Blog Series, where we unravel the disadvantages of hourly billing, and show the advantages of flat fee family law matters. In this part, we will dive into one of the most compelling reasons to consider a flat fee structure in family law: predictable costs.

The Certainty of Predictable Costs:

In the world of family law, where emotions run high and decisions have far-reaching consequences, understanding and managing your legal expenses is essential. That is where the magic of a flat fee structure comes into play. It offers something that traditional hourly billing cannot match—predictable costs.

What Does "Predictable Costs" Mean?

Imagine you are planning a road trip. You know exactly how much gas you will need, the cost of accommodations, and the price of meals. With this knowledge, you can budget for your journey and ensure you have enough funds for the entire trip. This is like the predictability of a flat fee in family law.

When you engage an attorney who offers a flat fee structure, you and your legal counsel agree on a fixed amount for their services right at the outset of your case. This predetermined cost covers your entire legal representation from start to finish. It is like setting a budget for your legal journey and knowing that you won't have to reach deeper into your wallet unexpectedly.

The Benefits of Predictable Costs:

Here are some compelling reasons why predictable costs can make a significant difference in your family law case:

1. Financial Planning: When you face a family law matter like divorce, child custody, or support, understanding your legal expenses allows you to plan your finances effectively. You will not be caught off guard by unexpected bills and the hours billed. This financial predictability can provide a sense of control during an otherwise uncertain time.

2. Open Communication: Traditional hourly billing can create a barrier between you and your attorney. The fear of every minute counting against your budget might make you hesitate to reach out for advice or updates. In contrast, a flat fee structure promotes open and honest communication. You can freely discuss your concerns, ask questions, and seek guidance without worrying about the clock ticking away your money.

3. Peace of Mind: Legal matters can be stressful, and the fear of escalating legal fees can add to that stress. You can focus on your case's merits with a flat fee without constantly checking your finances. This peace of mind allows you to make more informed decisions and navigate your family law journey more easily.

4. No Surprises: One of the most significant advantages of a flat fee structure is the lack of billing surprises. You will not receive a hefty bill at the end of your case that you did not predict. You know the cost upfront, making planning and managing your legal expenses easier.

Conclusion:

In the world of family law, where every decision matters, knowing the cost of your legal representation is an asset. A flat fee structure gives you the certainty of predictable expenses, allowing you to budget effectively, communicate openly with your attorney, and reduce the stress often associated with legal matters.

As we continue our journey through the Flat Fee Family Law Blog Series, we will explore more aspects of flat fee structures and how they add value to the client, as opposed to hourly billing which adds value to the attorney. Stay tuned for the next part, where we will delve into another compelling reason to consider flat fee family law: the freedom from fear of the clock.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Part 1: What Is a Flat Fee Structure in Family Law?

Welcome back to our Flat Fee Family Law Blog Series, aimed at showing how flat fees are the greatest value added for the client. In this part, we dive headfirst into the world of flat fee structures in family law cases. So, if you are ready, let us explore a flat fee structure and why it matters to you.

Breaking It Down: What Is a Flat Fee Structure?

Imagine you are at your favorite all-you-can-eat sushi restaurant. You know, the one with the rolls that look too good to eat. As you approach the counter, rather than paying for each plate you enjoy, you find out you can eat as much as you want for a fixed price. No matter how many rolls you devour, the cost stays the same. This is the essence of a flat fee.

Now, let us bring this concept into the world of family law. Most law firms only offer hourly billing, whether they help with a divorce, child custody or support matter where you are required to pay a retainer. This can get confusing, because even though they tell you a price up front, they often cannot tell you with any certainty what the full costs of your matter might be.  Rather, as the lawyer completes work they will withdraw funds. 

When the retainer is depleted, the lawyer most likely will request that you replenish the retainer. This process may repeat itself multiple times throughout the life of your case. In a way it incentivizes inefficiency as the primary means for the lawyer to make money. But, there is a much better way! Allow us to introduce the flat fee option.

The Basics of a Flat Fee in Family Law:

A flat fee in family law is a predetermined amount that you and your attorney agree upon at the beginning of your case. This agreed-upon amount covers the cost of your legal representation throughout your case. It is like setting the price of your legal "meal" before you even sit down at the legal "table."

Here is why understanding this concept is essential:

1. Predictable Costs: When you choose a flat fee structure, you gain a valuable advantage—predictability. You know exactly how much your legal services will cost. There are no surprises or hidden fees lurking in the background. This predictability makes budgeting and financial planning much more manageable during a financially challenging time.

2. No Fear of the Clock: Traditional hourly billing can make you feel like you are racing against the clock. Every minute spent on your case adds to your legal bill, leading to hesitation when contacting your attorney for advice or clarification. With a flat fee, you can have open and honest conversations with your attorney without worrying about the ticking clock.

3. Focus on Efficiency: Flat fees often motivate lawyers to work efficiently. Since they will not be billing by the hour, they can focus on resolving your case effectively and promptly. This can lead to quicker resolutions and cost savings for you.

4. Reduced Stress: Legal matters can be incredibly stressful on their own. The last thing you need is the added stress of escalating legal fees. With a flat fee structure, you can concentrate on your case's merits and the emotional aspects without constantly checking your wallet.

5. No Surprises: One of the most significant advantages of a flat fee is the lack of unpleasant billing surprises. With hourly billing, you might only know the final cost at the very end, which can be nerve-wracking. A flat fee ensures you know what to expect from the start.

A flat fee structure simplifies the financial aspect of your family law case, allowing you to focus on what truly matters—resolving your legal matter and moving forward with your life.

Conclusion:

Now that we have unwrapped the concept of a flat fee structure, you are equipped with the knowledge to understand its potential benefits. In the upcoming parts of our Flat Fee Family Law Blog Series, we will explore why choosing a flat fee structure is a game-changer for your family law case.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Understanding Flat Fee Family Law: Your Path to Simplicity and Savings

Welcome, dear readers, to our Flat Fee Family Law Blog Series. At The Skeen Firm, we are proud to offer all of our Family Law services on a flat fee, for reasons you will read in this series. Consider this your friendly guide through the often-intricate world of family law, making it as easy to understand as a conversation with a trusted friend. Whether you are facing the challenging terrain of divorce, custody battles, or any other family-related legal matter, we are here to explain one aspect that can significantly help you—the flat fee structure.

We know that legal jargon and complex billing systems can be daunting. That is why we wrote this blog series to show the advantages of a flat fee structure. We will break it down into simple terms, ensuring you're well-equipped to navigate your family law journey confidently.

Why Are We Talking About Flat Fees?

In the world of family law, where emotions run high, and the stakes are personal, understanding the financial aspect of your legal representation is crucial. Imagine this: You've dined at a restaurant. Imagine receiving a bill based on the number of bites you take or the time you spend at the table rather than the traditional bill with a fixed price for your entire meal. Yeah, that would be stupid crazy! It is precisely how we feel about billing by the hour. That is the essence of a flat fee in family law.

A flat fee means that you and your attorney agree on a set amount for their services at the beginning of your case. This arrangement simplifies the billing process and offers several compelling benefits, the most important of which are transparency and value to the customer. 

Why Should You Care?

You might wonder, "Why should I care about flat fees?" That is a great question. Understanding the advantages of a flat fee can affect your family law experience. Here is a glimpse of what's in store:

Predictable Costs: Say goodbye to the uncertainty of hourly billing. With a flat fee, you will know the exact cost of your legal services upfront, making budgeting and financial planning a breeze.

No Fear of the Clock: Hourly billing can make you feel like every second counts against your wallet. With a flat fee, you can communicate openly with your attorney, seek advice, and discuss your concerns without worrying about the ticking clock.

Efficient Resolution: Flat fees motivate lawyers to work efficiently, focusing on achieving a favorable outcome for you in the most cost-effective way.

Reduced Stress: Legal matters are stressful enough without worrying about never-ending legal fees. A flat fee structure can alleviate this stress and allow you to concentrate on what truly matters—your case.

No Surprises: Traditional hourly billing often results in surprises when the bill arrives. You will have peace of mind with a flat fee, knowing precisely what to expect.

Collaboration: Flat fees encourage collaboration between you and your attorney, leading to more effective teamwork and value added for your case.

Better for Complex Cases: Even complex family law cases can benefit from a flat fee structure. Your costs stay the same as the issue becomes more intricate. And our commitment to client value only amplifies this.

What to expect in this series?

In our Flat Fee Family Law Blog Series, we believe in empowering you with knowledge, simplifying the legal billing process, and making it accessible to everyone. The flat fee structure is our way to add value to you on your family law journey.

Stay tuned for more informative articles in this series, where we will delve deeper into the advantages of the flat fee structure, providing you with the insights you need to make informed decisions for your unique situation. We are here to guide you through the complexities of your family law matter, one simple step at a time.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Protect Your ASS-ets

So, you filed a Certificate of Organization for your LLC.  Great!  Your work has just begun!

As an entrepreneur or small business owner, you have the drive and ambition to turn your dreams into reality.  But before diving headfirst into the business world, it is crucial to understand the importance of entity formation.  This article highlights the true value of forming a legal entity for your business and how it can safeguard your assets and propel you toward long-term success.

Why Entity Formation Matters

Protecting Your Assets: Forming a legal entity such as an LLC is essential to shield your personal assets from business liabilities.  With the right entity and by adhering to corporate formalities, you can say goodbye to sleepless nights worrying about losing everything in case of a lawsuit or financial downturn.

Building Credibility:  Establishing a formal business entity adds credibility and professionalism to your brand.  Gain the trust of clients, partners, and investors who value a structured and legally compliant organization.

Tax Benefits and Flexibility:  Forming a business does provide potential tax advantages and flexibility.  Working with your accountant to optimize your tax strategy, maximize deductions, and navigate the ever-changing tax landscape more effectively is important.

The Road to LLC Formation

Choosing the Right Entity:  While various business entity options exist, our current focus is on the most flexible option for most business owners, the Limited Liability Company (LLC).  Understand the unique benefits and characteristics that make the LLC a popular choice for entrepreneurs and small business owners.

Filing Made Easy:  It is easy to file formation documents online. Most states offer same-day or quicker service.

Professional Assistance:  Filing is just the start, though. For more information, click here.

True Protection Beyond Filing

Maintaining Compliance:  You must keep your business in good standing to preserve the protections offered by your legal entity. To do so, you must keep a minimum level of compliance, such as having regular meetings, having meeting minutes, filing all necessary tax documents, and having adequate insurance coverage.

Contracts and Agreements:  Using well-drafted contracts and agreements will solidify relationships with clients, suppliers, and partners.  While the entity you select protects your personal assets, your contracts protect your business entity. The best part is that contracts protect your customers, too, because they set out the terms of your deal and potential remedies if a breach occurs.

By forming a legal entity such as an LLC, you can protect your assets, enhance your credibility, and optimize your tax strategy.

Remember, true protection goes beyond filing paperwork – it involves ongoing compliance and safeguarding your intellectual property.  Start building a solid foundation for your business today and pave the way for a prosperous and secure future.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Succession Planning - The Most Important Business Plan a Small Business Owner Can Make

As a small business owner, you put your heart and soul into building your company.  But what happens when it’s time to move on?  Whether you are retiring, selling, or passing the business on to your children, you need a plan.  That’s where succession and estate planning meet.

Succession and estate planning aren’t just for wealthy individuals.  They are for business owners who want to ensure the distribution of their assets according to their wishes.  If you are a small business owner, your business will likely be one of your most valuable assets.  Without a plan, your business might end up in probate court for months or years, costing your family time, money, and stress.

That is why it’s crucial to start thinking about your exit strategy now.

The following steps are a good start to your succession plan:

Know Your Options: You must know your options before creating an exit strategy. Will you sell the business outright?  Will you pass it on to your children?  Will you continue to play a role in the company even after you retire?  Understanding your options will help you decide what’s best for you and your family.

Plan Early:  The earlier you start planning, the better.  This gives you time to explore your options and make informed decisions.  It also gives you time to build up the value of your business, which can increase the amount you receive if you decide to sell.

Get Professional Help:  Succession and estate planning can be complicated, especially when a small business is involved.  Working with an experienced attorney who can help you navigate the process is essential.  They can help you understand the legal implications of different options and create a plan that meets your specific needs.

Communicate With Your Family:  Succession and estate planning is not just about you – it’s also about your family.  Make sure you communicate your plans with them and involve them in the decision-making process.  Keeping everyone engaged can encourage cooperation and prevent potential conflicts.

Review and Update Your Plan:  Succession and estate planning is not a one-time event.  You must review and update your plan regularly to meet your needs.  This is especially important if your business or personal situations change.

Please do not wait until it’s too late to start thinking about your exit strategy!  With the right plan, you can ensure your business thrives long after you are gone.  So take the first step today and start planning for your future.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Secure Your Children's Future: An Introduction to Estate Planning for Working Parents

At The Skeen Firm, we understand the importance of securing your family’s future.  So, let’s discuss estate planning for dual-income families with minor children.  Implementing a comprehensive estate plan can help you guarantee that you protect and support your children, no matter what life may bring.  Here, we’ll explain the critical components of an estate plan and how it can safeguard your family’s intellectual capital.

Understanding the Dual Income Family Dynamic

In today’s fast-paced world, many families rely on two incomes to support their lifestyles and secure their children’s future.  As both parents contribute financially, creating an estate plan that addresses your family’s unique circumstances and goals is essential.

The Importance of Estate Planning

Estate planning involves more than just the distribution of assets after your passing.  It can also establish guardianship for your children, designate beneficiaries, and protect your family’s intellectual capital.  By crafting a well-thought-out estate plan, you can control your assets and establish their use to be in the best interest of your children.

Critical Components of an Estate Plan for Parents

Choosing Guardians:  One of the most crucial decisions you’ll make as a parent is selecting guardians for your minor children.  This is the best way to ensure someone you trust is in place to care for your children in case you cannot fulfill your parental duties.

Asset Protection:  Your estate plan should include strategies to protect your assets and ensure their growth over time.  Consider setting up trusts or incorporating specific provisions to preserve your family’s financial well-being.

Life Insurance:  Dual-income families heavily rely on each other’s earnings.  In case of unexpected events, life insurance policies can provide a financial safety net and make sure your children’s needs are met even without the presence of one or both parents.

Education Planning:  Planning for your children’s education is integral to estate planning.  Explore options such as 529 college savings plans or education trusts to reserve funds for their educational pursuits.

Regular Review and Updates

Developing an estate plan is not a one-time task but ongoing.  As your circumstances change, reviewing and updating your plan is vital.  Major life events like the birth of a child, change in employment, or acquisition of new assets should prompt a thorough examination of your estate plan.

You can protect and secure your children’s future by crafting a comprehensive estate plan tailored to your dual-income family. So start planning today, gain peace of mind and safeguard your assets for future generations.

This post is partially AI repurposed from the blog post found first at:  https://www.theskeenfirm.com/blog/2018/10/22/custody-conundrum-both-parents-passed-suddenly-now-what

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Shared Custody and Cell Phones

In 1789, Benjamin Franklin wrote, “In this world nothing can be said to be certain, except death and taxes.”  If he were to address the certainties of today’s world, then he would undoubtedly add technology to the list.  Technology is everywhere.  Cell phones, smart watches, GPS collars for our dogs, apps that allow you to remote start your vehicle from another state… the list goes on and on.

As technology is ever changing and advancing, so is the population who uses it.  In the 1990s, it was uncommon for a teenager to have a cell phone unless they were driving.  If a teen was lucky enough to have a phone, then it’s likely their usage of it was limited to a certain number of hours per billing period.  Fast forward a mere three decades, and you’ll rarely see a child without their own phone.

In a recent study from Stanford Medicine, a group of 250 children were followed for five years, during which most of them acquired cell phones.  About 25% of those children received phones by age 10.7, and 75% by age 12.6.  By the time the children reached 15 years of age, nearly all of them had cell phones.  The good news was that “technology ownership was not found to be linked in either positive or negative ways to children’s well-being.”[1]

Cell phones may be a point of contention between parents who share custody of their children.  Which parent is going to buy the phone?  Will the cost be split evenly?  Prorated on the same portion as custodial time?  Which parent is responsible for monitoring the child’s activity on the cell phone? 

Unfortunately, there are no clear cut, hardline answers to these questions.  It’s important to remember these three things: 1) your children having a cell phone may benefit you as much as it does them; 2) there is a wealth of information available on how to keep your children safe; and 3) keeping your children’s best interests as your main priority will be crucial as you navigate their use of this technology.

Mutually Beneficial:  If you have issues communicating with the other parent, then you may dread having to call their phone to speak to your child during their custody time.  However, if your child has their own phone, then you can call or text them directly.  For instance, if your child plays sports, they can keep you up-to-date if practice ends early or runs late.  Also, with location apps such as Life360 or Apple’s “Find My,” you can manage alerts for emergency situations, such as when the device has been involved in an accident.  Screen time and/or phone privileges can also be used as a consequence – either positive or negative.

Parental Controls:  Can cell phones be dangerous?  Absolutely!  That’s why it’s imperative that parents utilize the parental controls on the devices and consider installing apps to help monitor their children’s activity, especially on social media.

Children’s Best Interests: Obviously, it’s in your child’s best interest if you and their other parent can work together and be on the same page regarding electronic devices.  This may be easier said than done.  A child’s phone is often their key to their social life, so try to compromise when needed.  Striking the balance between keeping your children safe and teaching them to use their devices responsibly is key.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

[1] https://med.stanford.edu/news/all-news/2022/11/children-mobile-phone-age.html#:~:text=About%2025%25%20of%20children%20received,phones%20by%20age%2015%20years.

Understanding Shareholder Agreements: An Introductory Guide for Business Owners

When an entrepreneur establishes a company, they often focus on the excitement of their new venture and the growth potential.  That said, it is equally important to consider the legal aspects that govern shareholder relationships and responsibilities.  A shareholder agreement is a crucial document that outlines the rights, obligations, and protections of all parties involved in a corporation.  This blog post will provide an introductory overview of shareholder agreements, their key elements, and why they are essential for business success.

What is a Shareholder Agreement?

A shareholder agreement is a legally binding contract entered into by the shareholders of a corporation.  It serves as a blueprint for governing various aspects of the business, including the rights and responsibilities of shareholders, dispute resolution mechanisms, decision-making processes, and protecting shareholder interests.  A business lawyer often drafts and customizes this agreement to meet the company’s and its shareholders’ unique needs and circumstances.

Critical Elements of a Shareholder Agreement

Shareholder Rights and Obligations:  A shareholder agreement defines the rights and obligations of each shareholder, such as voting rights, access to financial information, participation in decision-making processes, and restrictions on share transfers.

Decision-Making Processes:  The agreement outlines the procedures for making major business decisions, including appointing directors, issuing new shares, or selling the company.  It may also establish thresholds for decision-making and mechanisms for resolving deadlocks.

Dispute Resolution Mechanisms:  To minimize conflicts, shareholder agreements often include dispute resolution mechanisms, such as mediation or arbitration, to help resolve disagreements between shareholders amicably and efficiently.

Share Transfer Restrictions:  Shareholder agreements commonly include provisions to restrict the transfer of shares.  These restrictions can help maintain stability and prevent unwanted third-party involvement by allowing existing shareholders the right of first refusal or imposing pre-approval requirements for share transfers.

Confidentiality and Noncompete Clauses:  To protect sensitive company information and trade secrets, shareholder agreements often include confidentiality and noncompete clauses prohibiting shareholders from disclosing confidential information or competing with the business during and after their involvement with the company.

Why are Shareholder Agreements important?

Protection of Shareholder Interests:  A well-drafted shareholder agreement safeguards the interests of shareholders by outlining their rights, obligations, and protections, thus ensuring fairness and preventing potential disputes or misunderstandings.

Control and Decision-Making:  By establishing transparent decision-making processes, shareholder agreements provide a framework for efficient and effective corporate governance, allowing shareholders to have a say in important matters and avoid conflicts.

Conflict Resolution:  Disputes among shareholders can disrupt business operations and jeopardize the company’s success.  A shareholder agreement with well-defined dispute resolution mechanisms can help address conflicts promptly and maintain a harmonious working relationship.

Shareholder Exit Strategy:  Shareholder agreements often include provisions to address scenarios such as a shareholder’s voluntary or involuntary departure.  These provisions can define the process for the sale or transfer of shares, ensuring a smooth transition and minimizing potential disruptions to the business.

In the complex world of corporate governance, shareholder agreements are vital for protecting the interests of all parties involved in a company. By defining rights, obligations, decision-making processes, and dispute resolution mechanisms, these agreements contribute to a stable and prosperous business environment. As a business owner, it is crucial to consult a knowledgeable business lawyer who can help you draft a shareholder agreement tailored to your specific needs and ensure legal compliance. Remember, a well-drafted shareholder agreement can help safeguard your com

 *Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Stay Fly – It’s the 4th of July! Pt. 3

Let Freedom Ring Responsibly

Your Fourth of July may involve some big booms,

But follow these rules to prevent sending anyone to their tombs.

To purchase, possess, or use a firework, the person must be 18 years or older.

Keep this in mind before allowing these explosives in the hands of any beholder.

Things may seem more fun when you’re under the influence of alcohol or drugs,

But don’t forget these substances impair your brain to work at the pace of slugs.

Common sense should tell you not to set off fireworks near a building or vehicle,

But we are here to remind you how to be strategical.

You shall not set off fireworks near any building, structure, or vehicle within 150 feet,

Regardless of who owns them, those kinds of things simply cannot take such heat.

Needless to say, don’t discharge fireworks from the inside of any cars.

Otherwise, you will likely end up in the hospital or behind bars.

Lastly, whether it’s public or private property does not matter.

You must obtain express permission before letting the fireworks scatter.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 3 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 2

Celebrate Safe and Sound for Fun All Around

In the peak of the summer, water is always inviting.

Around any body of water, kids should never leave your sighting.

Wearing a life jacket may not match your outfit,

But nobody should ever go near the water without it.

Although you may not know this is negligence per se,

It is surely something you will regret at the end of the day.

The same rules apply to the pool party you may host.

We don’t want next year’s invitees coming as ghosts.

If hosting a pool party is part of your holiday tradition,

Then, please make sure your pool area is in proper condition.

Hang up warning signs, put up fences, or cover your pool!

Someone getting injured on your watch is anything but cool.

Owners have a duty to keep their property free from danger,

Even if who you invite is a total stranger.

It’s never cliché to put safety first.

Don’t let anyone end the holiday in a hearse.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 2 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 1

Aggressive Driving May Not Have You Arriving

Don’t be in a hurry or get caught up in the holiday traffic fury!

Failure to leave early may only lead to heightened worry.

Aggressive driving may cause increased road rage.

If you encounter such a rampage, simply disengage.

Road rage will be deemed a criminal offense,

To which there is simply no defense.

You may not know the severity of this crime,

But next Fourth of July, it could have you still doing time.

Trust us, it’s not just a phase.

You don’t want to end up on the front page.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 1 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Navigating Divorce in Washington County, Pennsylvania: Your Comprehensive Guide

Divorce is a life-altering event that can be emotionally and financially challenging.  If you find yourself going through a divorce in Washington County, PA (or anywhere, for that matter), then it is crucial for you to understand your rights and the legal process.  In this comprehensive guide, we will break down the key aspects of a divorce in Washington County, provide useful insights, and offer guidance to help you navigate this difficult time.

Understanding the Grounds for Divorce:  In Washington County, PA, there are both fault and no-fault grounds for divorce.  No-fault divorce is the most common.  An uncontested no-fault divorce may be granted after a ninety-day separation, but a contested no-fault divorce requires the spouses to live separately and apart for at least one year.  Fault grounds, such as adultery, abandonment, cruelty, or imprisonment, may lead to a faster divorce process.

The Residency Requirement:  To file for divorce in Washington County, PA, either spouse must have been a state resident for at least six months.  Establishing residency is essential to ensure the court’s jurisdiction over your case.

Property and Asset Division:  Washington County, PA, follows the equitable distribution approach to the division of property and assets acquired during the marriage.  Equitable doesn’t always mean equal; the court considers various factors, such as each spouse’s contributions, age, health, and economic circumstances when dividing marital property and assets.

Spousal Support and Alimony:  During the divorce process, the court may award spousal support or temporary alimony (known as alimony pendente lite) to the financially disadvantaged spouse.  The Court considers the length of the marriage, along with each spouse’s earning capacity and individual needs, along with other factors, when deciding an award of alimony.

Child Custody and Support:  Child custody and support matters are among the most significant concerns for divorcing parents.  Courts in Washington County, PA, prioritize the best interests of the child(ren) when determining custody arrangements.  Child support obligations are determined by a statutory formula, unless the facts warrant a deviation from the standard amount of support.

Legal Representation:  While it is possible to handle an uncontested divorce without an attorney, it is highly recommended to seek legal representation, especially if you have complex financial matters, child custody disputes, or disagreements with your spouse on critical issues.  An experienced divorce attorney can protect your rights and guide you through the process.

Alternative Dispute Resolution:  Couples who are divorcing in Washington County, PA, are encouraged to explore alternative dispute resolution methods, such as mediation or collaborative divorce.  These approaches provide a more amicable and cost-effective way to resolve differences, particularly regarding child custody and division of assets.

Divorces in Washington County, PA, involve various legal complexities, from grounds for divorce to property division and child custody matters.  By understanding the process and seeking legal guidance, you can protect your rights and ensure a smoother transition into the next chapter of your life.  Remember, every divorce is unique, so it’s essential to consult an experienced family law attorney who can provide personalized advice based on your specific circumstances.

Going through a separation and divorce can be very difficult, so having a knowledgeable legal team on your side can provide the support and guidance you need.  At The Skeen Firm, our experienced divorce attorneys want to help you navigate the complexities of divorce in Washington County, PA.  

 *Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Navigating Bankruptcy in Western Pennsylvania: An Essential Guide

Are you facing financial challenges that seem insurmountable?  Bankruptcy can be difficult, but it’s important to understand that you’re not alone.  Many residents in Western Pennsylvania have experienced similar economic hardships.  In this blog post, we’ll explore the basics of bankruptcy and the steps you can take to navigate the process effectively.  Whether in Pittsburgh, Washington, Erie, or anywhere in Western PA, this guide aims to provide valuable information and support during these trying times.

What is Bankruptcy?

Bankruptcy is a legal process that gives individuals and businesses a fresh start when overwhelmed by debt.  It’s designed to reorganize or discharge your debts while protecting your essential assets, such as your home or vehicle.

Types of Bankruptcy

Chapter 7 Bankruptcy:

·      Often referred to as “liquidation bankruptcy”

·      Offers the opportunity to discharge most unsecured debts, such as credit card debt and medical bills

·      Requires the sale of non-exempt assets to repay creditors

Chapter 13 Bankruptcy:

·      Known as the “wage earner’s plan”

·      Involves creating a repayment plan to pay off debts over a period of three to five years

·      Enables you to keep your assets while making affordable monthly payments.

The Impact of Bankruptcy

Protecting Your Assets

A primary concern when filing for bankruptcy is protecting your essential assets.  In Western Pennsylvania, bankruptcy laws provide exemptions for property, such as your home, vehicle, and retirement savings, which allow you to keep them while resolving your debts.

Navigating the Bankruptcy Process

Seeking Professional Assistance

It’s highly recommended to consult with an experienced bankruptcy attorney to navigate the complexities of bankruptcy.  They can guide you through the process, ensure you understand your rights, and help you make informed decisions that best suit your unique situation.

Mandatory Credit Counseling

Before filing for bankruptcy, you must complete a mandatory credit counseling course from a court-approved agency.  This counseling session helps you understand the alternatives to bankruptcy and offers guidance on budgeting, debt management, and financial education.

Filing for Bankruptcy in Western Pennsylvania

When filing for bankruptcy in Western Pennsylvania, you’ll typically need to gather critical financial documents, such as income records, tax returns, and a list of debts.  Your bankruptcy attorney will assist you in preparing the necessary paperwork and filing it with the appropriate bankruptcy court.

To wrap up, we know that bankruptcy can be a difficult and emotional process, but it can also provide you with a fresh financial start.  By understanding the basics of bankruptcy, its impact on your credit and assets, and the necessary steps to navigate the process, you’ll be better equipped to make informed decisions that support your financial future.

Remember, seeking professional guidance from a bankruptcy attorney is crucial to make sure you're on the right path and fully understand your options.  The road to financial recovery may take time.  Still, with the proper support and a well-executed bankruptcy plan, you can regain control of your finances and pave the way to a brighter future in Western Pennsylvania.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

5 Years and Counting – 5 Lessons Learned From Running a Business

Before diving into any lessons learned from running a business—a law firm—for the last five years, I would like to thank everyone who has supported me. I especially want to thank everyone who said I was crazy or weird or told me I could not do something. Both fueled the mission to provide Everyday Legal Advice in their unique way. And for five years, I have, in my own crazy and unique ways, pursued with purpose the vision of providing easy-to-use legal advice for clients facing challenging situations in an increasingly complex world.

Here are some lessons that fostered my business and professional growth over the last five years.

1.     Thrash in the Tide – Life is full of rules, and laws, that we all must follow. That does not mean you must follow the herd and conform to every norm. Just because a profession has always done things, a certain way does not mean everyone should continue doing it that way. Designing a place I, and hopefully countless others, want to work has felt like swimming headfirst into a hurricane-fueled tide. After a while, the drive to do it differently becomes something you enjoy, and that headfirst swim becomes fun. So spend a lifetime building what you want by thrashing in the tide while others watch in amazement.

2.     Be Unapologetically You – Oscar Wilde famously said, “Be yourself; everyone else is already taken.” He was onto something. We each bring something unique to the table. And in business, the most important thing you can do is to make it to the table. After you make it, use your access wisely and push for something you believe in.

3.     Enjoy the Rollercoaster – The first thing you realize when you start a business is that you have unlimited freedom to set your own schedule and work the hours you want. The second thing you realize is that business ownership is the wildest rollercoaster you will ever ride. Sure, the ride starts slowly, but suddenly you land your first client and find yourself at the highest high. An immediate setback often follows this high, and that fall from the high is terrifying and swift. Wash, rinse, and repeat daily, monthly, and yearly. As the ride continues, the distance between the highs and lows dissipates, and the emotions moderate. Lean into it! Throw your hands up and enjoy the ride.

4.     Action Bias – Just get after it! Want to start a business, do it. Start a new hobby, great. Stop thinking about doing a thing and get after doing it. When I started five years ago, I set out to make the best business plan ever. I would design a plan, then revise it, only to revise it again. Looking back, I would have made more progress in year one if I had just gotten after it. The wonderful thing is that if you keep going, you get to act more and continue to grow. What will you do to pursue your hobby, passions, or dreams today?

5.     Be too Stupid to Quit – Someone once asked me what I thought the secret to running a business was. My response surprised them: “I’m too stupid to quit.” Trust me, there were plenty of times I wanted to quit, that I thought I could not run a business, that I would never make it. But with each day and each small win, I kept going. Lucky for us, everyone has this ability because if I can do it, anyone can do it. Keep pushing; it is all worth it!

So, to everyone reading, thank you for five great years. One thing is certain, I am not the same person, and the firm is different from the entity it was five years ago or even one year ago. I look forward to learning more and growing

Hold Up! How Holding Companies Benefit Small to Midsize Business Owners

That Warren Buffett fellow is really onto something, and that’s not even considering his inclusion on the Forbes 400.  So, what exactly is he onto?  Glad you asked!  His company, Berkshire Hathaway Inc., is the gold standard of a holding company (holdco).  Hold up, what was that term?  A holdco, sometimes known as a parent company, is an entity that owns investments in the form of stocks, bonds, other companies (operating companies/opco), or anything of value.  With the definitions out of the way, we can move on to how a holdco can help SMB owners.

As we have said in earlier articles, outside of generating a profit, the key purpose of any corporate entity is asset protection for its owners.  (Click Here and Here)  But how many entrepreneurs get other ideas to increase their revenues, which might not match their current business?  That answer is unsurprisingly a lot.  So, what happens if you run two opposite businesses through one entity?  That’s right – increased liability exposure.

What’s the best way to deal with liability as a business owner/operator?  You guessed it – a properly structured corporate entity.  This is where a holdco comes into play.  Imagine one business owner running a car wash plus several rental properties.  Those ventures have different customer acquisition strategies, earning potentials, and risks.  Even so, the owner wants them both for diversification and smoothing out cash flow.

It makes no sense for this owner to have both operations within the same business.  They have distinct functions, markets, capital allocations, and so on.  So, why risk the car wash if there is a slip and fall on the sidewalk at a rental?  See where we’re going with this?  It also creates a problem if the owner wants to sell one of the two.

Say someone wants to buy the car wash.  Separating it from the assets of the rental properties will create an allocation nightmare.  The acquisition time allocation is much more straightforward if they are each their own entity.  That will help you avoid the top deal killer – time.

So, as you, the serial entrepreneur explores expansion through acquisition, remember the holdco structure and its many benefits.  It can add asset and liability protection, decrease time spent closing deals, and provide natural exit strategies.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Be Like Bob - Succession Planning

Bob is back with a new lesson to help your business. Many small business owners want to retire. Most don't have a plan on how to make that happen. Steven Covey's second habit is, "begin with the end in mind." As a small business owner, determining your exit (end) will guide your corporate structure and business operations. It will also determine the appropriate level of succession planning for your situation. So, whether your business ends when you walk away, you build an empire and sell, or you build a brand with superb systems that can last for decades after you leave, one thing is certain having a succession plan is important.

Bee Like Bob - Succession Planning

Holiday Primer 2022 - 5th Anniversary Edition

’Twas the month of the holidays across the Commonwealth,

We hope this year's primer finds you in good health.

While we have your attention,

Let us share some holiday wit,

Because most of the info we see on the interwebs is bull $%!t.

This is not legal advice per se,

More demystification to make readers say, “Yay!”

You can’t eliminate taxes with your LLC,

The IRS is watching

Just wait and see.

If you’re a parent who uses custody as leverage,

We suggest you chill out and have an adult beverage.

This year the market was trash.

Don’t rob a store;

There’s no need to act rash.

As we speed toward the new year, reflect on the past,

Do things that excite you and have a blast.

Next year we promise, no poems or rhymes,

To receive next year’s primer, we advise not doing the crimes.

In closing, we thank you for 5 years of holiday fun,

This isn’t the last primer,

We’ll continue our run.

So, happy holidays one and all,

Get yourself out there and have a ball.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.