Beitchman & Zekian Blog

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Hindsight is 20/20

I had the pleasure of sitting in conference room with a client yesterday for 4 hours trying to settle a case during court ordered mediation.

While sitting waiting for the mediator to come back with the counter offer on the settlement, I looked at the “contract” that started the whole mess again.  It was clearly written by a non-lawyer and, since I had time to kill, I had to ask him why, if he’s got a firm of lawyers who he calls on a various other inconsequential matters, did he not call us to review this piece of paper. His response was that they were in too much of a hurry to get the deal done and start working with the Plaintiff and didn’t what to put the brakes on the deal by getting lawyers involved.

Now, I realize that time is sometimes a factor and businesses don’t want to invoice lawyers because we start nitpicking and arguing over whether it should be “and” or “or” in the sentence. Believe it or not, sometimes it DOES make a difference.  In this case, the difference between that document and the one I would have written would have protected them as opposed to opened them up to litigation.

Other times I’m told that they didn’t want to pay our hourly fee to have the deal reviewed because they thought it was fine. Well, it is until someone breaches the agreement, which is what happened in this case.  Before I could start my lecture, the client admitted that he should have had us look at that agreement, regardless of how much he would have paid.  Because now, it cost him more than $20,000 PLUS our hourly litigation fees to settle this case that could have been avoided had the agreement been drafted properly in the first place.

So, whether you are a multi-million dollar company or a small mom & pop shop, you should have an attorney review all documents you sign.  Sure there is a cost involved, but if you do your research, you’ll be able to find an attorney that suits your needs, both legal and financial.

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‘Tis the Season…for Con Artists and Scams

Image  It seems that in light of the rough economic circumstances, more and more con artists and scammers are finding ways to take what little people have with get rich quick schemes.  No one is immune – just this week I was subjected to the famous South African bank account email.  Apparently I could receive 25% of $37,000,000 that sits unclaimed in South Africa if I’d kindly send my pertinent information to a generic email address.

Now, reading that, I’m sure you’re thinking, “Of course that’s a scam. You’d have to be stupid to fall for it.”  Well, not all scams are that blatant.  My brother, just graduated from college, was job searching and found a job as a production assistant for a film that was about to shoot in LA. They offered a flat salary for one week’s work, gas & mileage, and per diem.  They would even pay him up front and sent him a check for $3,000.00 when the pay was only $1,500.00.  Here’s the catch: my brother was told the director didn’t have a bank account and as the PA, could he deposit the check into his account, withdraw the cash, keep his share, and send a money order to the address enclosed.

Lucky for him, he was smart enough to ask big (attorney) sister if that was kosher.  Taking one look at the obviously fake check, I called the bank to verify the funds and was told there was no such account.  We turned over the fraudulent check and sent over the correspondence too in hopes that these scam artists would get caught.  Had he not asked, he would have cashed the check and sent $1,500.00 out, but when the check got returned, would be on the hook for $3,000.00!!

Young, old, college grads or not, all people are susceptible to fall victim to scams because, for the most part, we don’t want to be jaded, cynical, and distrustful.  We all want to believe people are good and aren’t always looking for an angle.

But here’s a few tips, especially during the holidays when heartstrings are easily pulled:

1.  Verify the source.  If someone is asking for donations, ask for the tax ID number of the non-profit they’re collecting for or call the main office; this not only protects you, but it ensures that legitimate charities are not tarred with the same brush as the shysters.

2.  If someone asks you to sign documents, take them to an attorney.  It isn’t very expensive to have documents reviewed and spending a little now will eliminate having to spend a lot later.  If you do get caught up in a scam, report it to the local police right away and, if possible consult with an attorney – you may have some legal recourse.

3.  Remember, if it sounds too good to be true, it probably is.

Happy Holidays!

New Year Resolution: Meet with Attorney

It’s the start of a new year.  Resolutions are fresh, commitment high, and hope springs eternal.  Among the vows to get healthy, quit smoking, or take up yoga, there should be an entry that reads: “Meeting with attorney.”

The start of the year is a great time to meet with your attorney and review those documents that people generally toss into the safe: Wills, Trusts, Corporate documents. If you do not have an attorney that you work with regularly, you should consider consulting with a few to find someone you would like to retain on a regular basis.

Making it a standing appointment at the beginning of the year gets it out of the way and ensures that all the important documents are updated and reflect your wishes.  If you would like to consult with one of our attorneys, please contact our office at (818) 986-9100.