Shows
I Know a LawyerImmigration Law Update, with Rebecca FreemanWhat is the status of immigration law in 2021 under the Biden Administration? In this episode of I Know a Lawyer, I speak with Rebecca Freeman of The San Francisco Law Group about immigration law and specifically the state of immigration law in 2021. She discusses:
Basic framework of immigration law
The difficulties under the Trump Administration
What changes the Biden Administration is making
Employer/employee based programs, including for entrepreneurs
Thank you to Rebecca for joining the show. If you have questions for Rebecca, reach out to her at her website: www.sanfranciscolawgroup.com.
I Know a...2021-09-0317 min
I Know a LawyerCommercial Property Transactions, with Shawn HardingWhat is the general process for a commercial property transaction? What key areas should a buyer and seller be aware of? On this episode of I Know a Lawyer, I speak with Shawn Harding of Clarity Law about commercial property transactions. We discuss:
General process of the transaction
Key terms and components to pay attention to
Importance of title policies
Distinctions for transactions for development
What if the deal goes sour?
Thank you to Shawn Harding of Clarity Law for joining me on the show. Shawn has extensive experience in commercial transactions and is a great wealth...2021-02-1921 minI Know a LawyerAll Things Mediation, with Karen Juster HechtHow does mediation work? Are there certain disputes that mediation can help with? In this episode of I Know a Lawyer, I speak with Karen Juster Hecht about her mediation practice and how mediation works. In the show, Karen discusses:
How mediation works
Types of mediation
Benefits of mediation
Challenges/disadvantages
Mediation in a pandemic
Why mediation is relevant today
Thank you to Karen Juster Hecht for joining the show. I hope you learned more about mediation and its place through our discussion. Contact Karen via her website or call her at 510-210-3796.
As alwa...2021-01-0820 minI Know a LawyerI got sued! Now what? 8 Tips on What to Do, with Mika DomingoGot sued? Don't know what to do next? Then listen to this episode of I Know a Lawyer with Mika Domingo of MS Domingo Law Group, PC. Mika provides 8 tips on what to do when you are being sued. Mika is a trust and estate litigator with a full litigation background. She provides some excellent tips that every person should know so they don't panic or miss out on important litigation deadlines. In the episode, Mika discusses:
The importance of remaining calm and reading the documents carefully (02:01)
Gathering information at the beginning of the process (06:52)
Choosing the right...2020-12-1827 minI Know a LawyerProposition 19 Explained, with Ryan LockhartHeard about the major change the Proposition 19 is going to make? Curious how the Proposition affects the parent-child transfer of real property? Then I got you covered. In this solo episode of I Know a Lawyer, I go over the basic framework of Proposition 19 and how it will affect parent-child property tax transfers. In the episode, I discuss:
Current Prop 58 law basics and transfers of property other than the primary residence (01:49)
Prop 19 effective date and how it will eliminate exemptions for transfer of non-primary residences (04:50)
Two prongs of Prop 19 and requirements (06:50)
Example of transfer of home and partial...2020-12-1119 minI Know a LawyerAttorney Discipline & State Bar Court of California, with Tom D'AmatoHow many of us lawyers really understand that California has an entire state bar court just for attorney discipline? Or how the disciplinary process really works? Lucky for us, Tom D'Amato of D'Amato Law is here to educate us. In this episode of I Know a Lawyer, I speak with Tom about the attorney discipline process as well as how the State Bar Court of California operates and its unique position in the country. We discuss:
How the state bar works and its purpose (02:42).
Attorney discipline process (03:46).
How complaints against lawyers are processed and mostly dismissed (05:44).
Investigation phase...2020-10-3033 minI Know a LawyerImmigration Law in 2020, with Matthew OlsmanHave you heard that immigration law is changing in 2020? What about how the executive branch has made substantial changes? In this episode of I Know a Lawyer, I speak with Matthew Olsman of the Law Office of Matthew Olsman. Matt is an expert in immigration law and with his criminal law background, has a unique perspective into immigration and how it impacts several areas of the law. In this episode, we discuss:
Overview of applying for immigration benefits (01:03)
Options for people without "status" (03:30)
Process of an application (05:10)
Asylum and what is actually means (07:36)
Executive Branch's exertion of power...2020-10-0929 minI Know a LawyerTrustee Mismanagement & Theft, with Scott RahnShould we trust the trustee? Do trustees really steal from the trust? Maybe not, and yes, they do. On today's episode of I Know a Lawyer, I speak with Scott Rahn of RMO LLP about bad trustees and their bad actions, including theft. Scott is a top-notch trust & estate litigator who has seen the full range of bad trustee actions. In the episode, we discuss:
Trustee's failure to provide information. (01:21)
How a lawyer can help break the ice between trustees and beneficiaries. (03:27)
Can a Court compel an accounting even if waived in the trust? (06:43)
Two most common examples...2020-09-2519 minI Know a LawyerSpecial Needs Trusts, with Elijah KeyesCurious about how Special Needs Trusts work in California? Or about the difference between a 1st party SNT and a 3rd party SNT? On this week's episode of I Know a Lawyer, I discuss Special Needs Trusts with Elijah Keyes of Keyes Law Group. Elijah is a Certified Legal Specialist in Estate Planning and has extensive experience and knowledge in Special Needs Trusts. In the episode, we discuss:
The difference between 1st party and 3rd party special needs trusts. (01:30)
California's ability to make an estate recovery claim against 1st party trusts. (05:01)
The benefit of having both 1st party...2020-09-1823 minI Know a LawyerCalifornia Property Taxes, with Ryan LockhartWelcome to a special edition episode of I Know a Lawyer. In this episode, I, Ryan Lockhart, go solo in order to convey certain key pieces of information about California Property Taxes. In the episode, I discuss:
Prop 58: The Parent-Child Transfer Exclusion
Entity rules with respect to property tax reassessments
Two sub-rules for entities to know in order to mitigate reassessment
Prop 15 on the November ballot
Thank you for listening to this special solo edition of I Know a Lawyer. Next week, we will return to our original programming. If you have any questions about property taxes...2020-09-1124 minI Know a LawyerNavigating the LLC Jungle, with Kevin BrodehlWe've all heard that LLCs (Limited Liability Companies) are great, but what about the lurking dangers and pitfalls? Curious about how LLCs can go wrong? In this week's episode of I Know a Lawyer, I speak with Kevin Brodehl of Patton Sullivan Brodehl LLP about these dangers and pitfalls in LLC disputes. Kevin is a litigator who specializes in litigating cases involving LLC disputes. He is our expert guide through the LLC Jungle! In this episode, we discuss:
Business partner disputes and partner compatibility. (03:17)
Importance of well-drafted operating agreements. (04:51)
Differences between member-managed and manager-managed LLCs. (07:07)
Member rights. (08:43)
Manager's...2020-09-0428 minI Know a LawyerTax Loopholes & Aggressive Tax Planning, with Andrew GradmanWhy do tax loopholes exist? Why do certain tax laws seem unfair? In this episode of I Know a Lawyer, I speak with Andrew Gradman, a tax attorney with GradmanTax.com. Andrew is a brilliant tax attorney who deals with income tax planning. In this episode we discuss:
Four unavoidable constraints that result in unfair tax laws. (01:26)
Four traits of the aggressive tax lawyer. (06:13)
How should risk assessment play a role in tax law? (07:57)
Is informed consent for risky tax positions possible? (14:27)
Malpractice standards for the tax attorney (17:32)
Tax lawyer banter! (19:00)
Thank you to Andrew Gradman for...2020-08-2833 minI Know a LawyerProtect Your Assets Against Personal Injury Claims, with Marjorie HeinrichAre your assets protected if you are sued for a personal injury claim? Worried about whether you have sufficient insurance? In this episode of I Know a Lawyer, I discuss protecting assets from personal injury claims with Marjorie Heinrich of Heinrich Law. Marjorie is an expert personal injury attorney who focuses her practice on helping those who have been injured due to the fault of another. Let me tell you, Marjorie has the stories! We discuss:
Example of not tracking your insurance portfolio as your wealth grows, which can lead to stressful situations. (03:07)
How renter's insurance can protect y...2020-08-2128 minI Know a LawyerMisconceptions of Bankruptcy, with Jen LeeEver heard the myth that filing bankruptcy ruins your chances to buy a home for years! Would it surprise you to learn that this is not necessarily the case? On this episode of I Know a Lawyer, I discuss the misconceptions of bankruptcy with Jen Lee of Jen Lee Law. Jen is an expert in debt and credit strategies and loves to dispel the myths of bankruptcy. We discuss:
The process of a bankruptcy and differences between Chapter 7 and Chapter 13 (00:59).
What is a bankruptcy trustee (02:34).
Is conversion from Chapter 7 to Chapter 13 possible? (08:29).
Impact on credit and buying a...2020-08-1420 minI Know a LawyerUninsured Property Damage & Wildfires, with Sally NomaHow do insurance claims work with major events such as wildfires? Ever heard about subrogation? In this week's episode, I discuss insurance issues resulting from disasters such as wildfires with Sally Noma of Noma Law. Sally is an expert on subrogation and has litigated and settled many cases with large public entities. In this episode, we discuss:
What is subrogation? (01:19)
Litigation against companies who trigger disasters and damage. (03:12)
Water losses and insurance. (05:35)
Key points insureds should look for in their policies. (07:48)
Uninsured losses and options. (10:41)
Don't assume the disaster is "natural." (13:20)
Thank you to Sally Noma of...2020-08-0716 minI Know a LawyerCOVID's Impact on the Workplace, with Terry LeoniHow has COVID impacted the workplace? In this episode, I speak with Terry Leoni of Leoni Law Firm about COVID's impact on employers and employees. Terry is a labor and employment attorney who is on the forefront of tracking COVID's impact on the workplace with the evolving rules and regulations applicable to the workplace. In this episode, Terry and I discuss the following topics:
What should an employer do if an employee tests positive? (02:12)
Steps an employer should take to ensure the health and safety of the workplace. (03:52)
Does a positive employee require shutdown of the business? (05:44)
Can...2020-07-3122 minI Know a LawyerEstate Planning to Avoid Litigation, with Matthew TalbotCareful, thoughtful planning can help avoid potential family disputes after death. Today I speak with Matthew Talbot of Talbot Law Group, P.C. about potential red flags planners should be on the look out for to avoid future litigation. In this episode, Matthew Talbot hits on these key ares:
1. Undue influence. Potential red flags that a vulnerable client may be under undue influence from family members (03:39)
2. Common estate litigation claims (05:45)
3. Best practices in potential undue influence situation (08:05)
4. Independent Attorney Certificate of Review (14:18)
5. Natural v. Non-natural dispositions (18:40)
Thank you to Matt Talbot for joining me on this episode...2020-07-2423 minI Know a LawyerResidential Non-Disclosure Matters, with Tanner BrinkSelling or buying a residential property? Do you know the duties imposed on a seller regarding disclosures of issues with the property? Today I speak with Tanner Brink of McKenna Brink Signorotti LLP regarding these specific topics:
> Duties imposed on a seller of residential property under California law (Cal. Civ. Code Section 1102).
> What should be included in the disclosures.
> Is a buyer able to back out due to disclosures?
> Steps to take if unsure about whether to disclose or not.
> What about if a death has occurred on the...2020-07-2217 minI Know a LawyerEasements with Dominic SignorottiEver heard about easements? Would it surprise you to hear that your property probably has more than one easement attached to it? In this episode I talk with Dominic Signorotti, a real property litigator at McKenna Brink Signorotti LLP about what easements are, how they impact real property owners, and potential disputes regarding easement rights. As Dominic says in the episode, probably every parcel of real property is affected by easements in one way or another.
If you or someone you know have questions about easements, or potential conflicts with neighboring landowners with respect to easements or...2020-07-2019 minI Know a LawyerShould I Form an LLC or S Corporation? With Ericka McKennaStarting a business? Confused if you should form a limited liability company or S Corporation? In this episode I talk to Ericka McKenna, a business transactional attorney at McKenna Brink Signorotti LLP about the differences in LLCs and S corporations. Key points discussed include: liability protection, corporate formalities and tax treatment differences between the two entities.
If you or someone you know have questions about forming a LLC or S Corporation, contact Ericka McKenna at mckennabrink.com or mckennabrink.com/erickalmckenna to discuss with her the proper entity for your business.
Thank you to Ericka Mc...2020-07-0818 min
I Know a LawyerRevocable Living TrustsDo I need a revocable living trust? This is the question I get asked the most from people wondering what an estate plan can do. There are many myths about probate and trusts in California, so let me explain how revocable living trusts work and how they avoid probate in California.
In this episode, I will discuss:
What is intestate? [3:25]
Why do I want to avoid probate? [6:25]
What is a revocable living trust? [10:00]
Do I need a revocable living trust? [15:00]
If you have questions on what an estate plan with a revocable living trust can d...2020-07-0222 min