The myth: you do not have an attorney-client relationship unless money changes hands. If my firm had collected $1.00 for each of those tacit bits of legal advice dispensed as a courtesy, we could retire yesterday! Yet in each, a client relationship was established. What then is the criteria? O[...]
Archive for the ‘Legal Myths’ Category
§ in Legal Myths
Independent Contractor – Myth #8
No, not the guy at the left! A worker doing tasks for you who is NOT your employee is called an “independent contractor.” The rules which permit not withholding taxes, social security and Medicare, and paying matching amounts for the last two are stringent. Many employers contin[...]
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“Admitted to the Bar” – Myth #7
Being “Admitted to the Bar” isn’t when you reach 21, or join a secret society. Today it just means being permitted to practice law for others. What is meant by the “Bar” you ask? It is not a saloon or public house (Pub, you know). It is more interesting than tha[...]
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Lien Rights – Myth #6
You’re upset. Someone owes you money, doesn’t pay after reminders and threats – so you decide to record a lien against the debtor’s property. A lien is a type of security interest in property. Since there are forms of all types on the Web, you are likely to find one which seems to [...]
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A Short, Simple Contract – Myth #5
The myth here is that attorneys want to overly complicate agreements, “in order to charge more.” Maybe there is a small bit of truth in a few instances sometime, somewhere – - but it just isn’t generally true. If you say the same thing twice for clarity, it may not be[...]
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Co-Sign for the Kids Car – Myth #4
Your oldest has graduated from high school, and is headed to college soon. So is your wallet. You have made your list: tuition, books, computer, clothes, food, dorm, Greek, automobile. Wait a minute[...]
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Quit Claims Are Just as Good! – Myth #3
Quit Claim Deeds Are Just as Good Consider - - - why would you even have a Warranty Deed if a Quit Claim Deed is just as good? There must be a reason. [...]
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Reading the Will – Myth #2
Too many old black-and-white movies taught generations that Wills are read in stuffy law offices filled with dusty books and decrepit attorneys. At least the part about a public “reading” of the Will is[...]
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Leave at Least $1.00 to Each Child – Myth #1
The belief is that unles each child is left $1.00, the Will is not valid. This is not only false, but also may lead to the very dispute you are seeking to avoid. During the estate administration, not only will you have to pay the $1.00; you also are required to provide notice of the estate [...[...]