What to look for when hiring an attorney

June 14th, 2010

When looking to hire a new attorney there are five things you should always consider.

1. Comfort Level

When you initially reach out to the new attorney, are you comfortable with the manner he or she contacts you? Do you actually have the ability to speak with the attorney who will be handling your matter when you call? Are your initial questions answered? If the answer to any of these questions is no, you may want to consider looking at additional attorneys. At Engel Law Offices, you will speak to the attorney representing you immediately, there will be no middle man for intake purposes. You will have access via email to that attorney. At Engel Law Offices, communication is the cornerstone to a good attorney client relationship.

2. Size of Office

Can the attorney service your needs fairly? Law firms run the gamut from solo practitioners to firms with hundreds of attorneys. A solo practitioner like myself can represent people with all types of legal needs. Smaller offices can and do provide individualized attention to your needs.  Larger offices may fit your need and if that is so, then utilize their services, but please remember that you are hiring the lawyer and need to be able to have a working relationship with him or her. At Engel Law Offices, effective and quick response times are instrumental to our communication with the client. It is important that you feel that your case is important and that the office is available and accessible to you, the client.

3. What are you looking for?

A lawyer in a general practice can and oftentimes does represent an individual in all aspects of their legal needs. Whether it is buying a new home, selling a business, divorce, or estate planning, a general practitioner can handle those needs for you. Attorneys who specialize are great and having a referral network for a general practitioner to utilize makes sense for those situations when the client needs specialization.  A firm should be small enough to know who you are yet diverse to handle your needs. At Engel Law Offices, we strive to build relationships with our clients so that you will feel like you have a life long lawyer.

4. Does the attorney represent individuals with needs like yours?

When you call for an initial intake, do not hesitate to inquire about the lawyer who will be representing you. All lawyers should be candid with their experience level and comfort level with the fact scenario you place before them. At Engel Law Offices if you call with a matter that is not part of our practice areas, we seek to find you a suitable attorney given your situation.

5. Flat fee/ hourly rate

Economics is an important consideration in any relationship. Presently there is a trend for attorneys to move to a flat fee billing system. What this means is instead of charging an hourly rate for certain services, there is a set fee for the legal work determined at the beginning of the working relationship. If that relationship expands, the attorney may revisit the fee, however when a firm does a flat fee billing system, it is rare for that to happen. This benefits the client because their budget is fixed for purposes of legal fees for a certain matter. At Engel Law Offices, we assess your case and if flat fee billing is appropriate, we utilize that method.

A significant portion of our matters can be handled in this way, including certain aspects of commercial litigation, estate planning, estate administration, business matters, real estate matters, and equine matters can all be billed in a flat fee manner. Personal injury litigation is still based on a contingency fee and those fees can be discusses when you call Engel Law Offices.

Should you be searching for an attorney, please consider Engel Law Offices. We are lengths ahead of the field.

Todd Engel

Engel Law Offices

214 N. State Street                                                               1104 Middleline Road

Syracuse, NY 13203                                                           Ballston Spa, NY 12020

315-295-1450                                                                       518-490-1770

tengel@engelatty.com

www.engelatty.com

www.twitter.com/toddengel

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Why I love being a general practitioner

April 23rd, 2010

I love being a general practioner!

I represent corporations and individuals in such a wide and varied area of the law. I handle matters involving business planning and ultimate representation, estate planning, civil litigation, personal injury litigation, real estate, and equine law.  I have and do represent people criminally, as well as in Family Court.

Each day and case offers me a new opportunity to expand my knowledge in the law. But more importantly, it allows me to guide and assist my client in a way that is best for them. While each practice area may be different in scope and focus, the goal at the end of the day is always the same; get the best result for the client.

While each practice area has definite differences, they all excite me and keep me interested and involved. I love that one morning I can be working on a complaint in a personal injury matter and that afternoon I can be working with a family to figure out how best to plan their estate.

The saying goes variety is the spice of life. With my practice, my life is therefore definitely spicy! Which is how I like it.

Todd Engel

Engel Law Offices

tengel@engelatty.com

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Moving My Practice

December 8th, 2009

Dear Friends,

I am pleased to announce that effective December 22, 2009, I will be relocating my practice to 214 N. State Street, Syracuse, NY 13203. My new telephone number will be 315-295-1450. My new fax number will be 315-478-1687. My email will remain tengel@engelatty.com. My Saratoga office remains at 1104 Middleline Road, Ballston Spa, NY 12020.

I will continue to represent individuals and small businesses in the following practice areas:

• Estate Planning and Adminstration
• Trust Drafting and Implementation
• Business Development and formation
• Personal Injury Litigation
• Commercial Litigation
• Equine Matters, including partnership formation, syndication, licensing issues, or any other associated matter.

I look forward to this new opportunity and am excited to continue to provide the quality personal based representation you have come to expect from Engel Law Offices. Please contact me with any questions regarding this move.

Wishing you and your family the best during this holiday season.

Todd

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The audacity of people

March 20th, 2009

I realize that the story I am about to share may not compare to the swindling that Bernie Madoff executed, but from my perspective it is actually worse. In today’s Syracuse Post Standard, there was an article detailing the scheme conducted by Jerome Feldman involving those must vulnerable: families in need of a transplant.

Allegedly, Feldman concocted a scheme where he would solicit opportunites to obtain a transplant in the Philippines if money was sent to his bank account in DeWitt, NY. The individual awaiting the transplant was instructed to wire $70,000 into Feldman’s bank account. Medical staff would then be available in the Philippines to conduct the transplant, or so Feldman said. The problem was, once the patient flew to the Philippines, no organ was there and the money was gone.

Feldman preyed upon those individuals who are looking for any hope possible for their loved one. I know, I was there; not one of Feldman’s victims, but a family member of a person on a transplant list. My mother was on dialysis for 15 years, before her death in 2006. She started with home dialysis and progressively needed the centers. She did it three times a week, and it prolonged her life. For about 10 years of the dialysis she was on the transplant lists until she became so compromised with additional illnesses that she had to be removed. Every time the phone rang, we hoped it was the transplant center letting us know that a kidney was there. We came close, but never found that perfect match. So, I know firsthand the desire to gain more time through obtaining a new organ.

Feldman’s acts were not acts of kindness. They were not acts of benevolence from one man to another. He was motivated by one thing: greed. Taking advantage of those people who are looking for any hope necessary is in my opinion the lowest form of the low. For the families who are suffering at the hands of Jerome Feldman, I am deeply sorry. For those of us who were families of people either waiting for or receiving transplants, it proves that we must go through the system for the private market organ transplant is fraught with thieves and miscreants who only want to take advantage of the situation.

Jerome Feldman Story

Todd Engel

tengel@engelatty.com

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Equine Law: Am I Just Horsing Around?

February 27th, 2009

One of my favorite areas of practice is my equine law specialty. No, I am not just horsing around!

Since 1977, my family has owned and raced thoroughbred horses. We have been fortunate enough to race horses throughout North America and presently run horses at Aqueduct. We have raced at tracks from Oaklawn Park to Woodbine in Toronto. We have raced most frequently in the New York circuit. It is a wonderful experience and nothing is quite as thrilling as watching your horse running down the stretch going for the finish line. The question is whether a horse needs a lawyer?

No, the horse doesn’t need a lawyer, but others certainly do. I represent owners with respect to setting up the legal entities that make sense for their needs There needs to be agreements by and between the partners. There needs to be corporate resolutions in order to establish the business entity properly. Remember, while horse racing is a sport, and can be a lot of fun, the ownership of horses is intended to be a business.

If the business is successful, then tax issues are at play. Income taxes, sales tax, and other tax issues are continuously changing and need to be evaluated. The stimulus bill just signed by President Obama has created excellent tax advantages for horse ownership including depreciation of up to $250,000 for horses put into service during 2009. Sales tax issues can be reviewed and assessed dependent upon the state where a sale takes place.

Should a horse become extremely successful, there are additional legal issues to look at. These center around stallion syndication and arrangement of stallion servicing. Negotiating arrangements with the various farms where the stallion is to stand is necessary. Drafting agreements between the owner of the stallions and the owners of the mares is also required.

The racing side also has its need for equine attorneys. Licensing issues for owners, trainers and jockeys are an integral part of equine representation. Should a trainer or jockey have to serve a suspension, quality representation is necessary to protect their rights. Negotiation with the State Racing and Wagering Board can keep a trainer or jockey from having to serve a suspension and therefore keep the trainer or jockey from losing necessary income. Should a hearing be necessary, the lawyer can conduct the examination of witnesses and effectively represent a trainer, owner or jockey in front of the Board.

Horse racing is a thrilling sport. Proper assistance can make sure you remain in the game for the long haul.

Todd Engel

tengel@engelatty.com

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Legal Planning in a Different Economy

February 16th, 2009

When I look around my community, I see a totally new and evolving economic paradigm. Sure there are layoffs everywhere. Circuit City closes and there are 30,000 fewer jobs. Magna may close their local plant eliminating what at its height was 8,000 jobs in the automobile industry. Five years ago, who would have ever thought that Lehman Brothers would no longer be in existence? If you ask me, it is a time for opportunity to grow and develop a business.

Globally the economy is shrinking. This is no surprise from picking up the newspapers. However, that offers an opportunity for an enterprising person to open and develop a new business. In my view, the old economy of manufacturing and big business is no longer viable in today’s marketplace. The manufacturing is being accomplished in other countries where the costs of doing business are less. These only makes sense in a capitalistic society, if I can make it cheaper and sell it on the marketplace, then why do I need to pay the overhead, taxes and other costs of manufacturing in this country. So, how are we going to survive and what can a lawyer do to help?

The best way to reinvigorate the economy in times such as the now is to invest in ourselves and be creative. For some, that means thinking outside the box of what they know to look for employment in new areas. For others, it is to examine what their strengths are and to start their own business. My thinking is the small to medium sized businesses are going to drive this economy forward because those are the businesses that are going to roll up their sleeves and move us forward through creative work. What industry that is in is to be determined. However this is an exciting time to be involved in legal representation of small closely held businesses.

How does a lawyer help you? A good business lawyer can help in each facet of business planning. Whether it is setting up a good quality business plan., determining the right entity to begin this venture with, whether it is a solo proprietorship, general partnership, limited liability partnership, or corporation, a lawyer can guide you through the process and help fill out the appropriate documentation. A lawyer will work with you to project financing needs and developing strategies for obtaining startup capital. A lawyer can advise as to the tax implications of owning versus renting your business location and other depreciation techniques. Use a lawyer at the beginning who you trust, and it can be mean money saved down the line.

Todd Engel

engelatty@gmail.com

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WHY LAW AND WHY SPECIALIZE?

January 29th, 2009

More often than not, people I meet invariably ask me what I do for a living. It is common place to ask that question, because it allows you to learn more about the person you are interacting with. I always answer that I am a lawyer. Never do I say that I am a certain type of lawyer. I let that conversation develop over time.

I then am asked why you became a lawyer. The short quip is that I am genetically predisposed, after being the third generation in my family to practice law. That is a flippant response that really does not touch on the real reason I became a lawyer. I have a desire to help people and the law offers me that opportunity to help my clients achieve their goals and desires.

So, then the question as to what type of law I practice comes up. For the first ten years of my practice, I said I was a general practitioner. I wanted to be that lawyer everyone went to for issues from cradle to grave. I did divorces, I did DWI’s. I did trusts, estates and probate. I even dabbled in Worker’s Compensation. I was everywhere and spread very thin in what expertise in any subject I could provide. I had a choice to make, I could specialize and find my niche or continue to spread myself across all aspects of the law and not truly have a focus for myself or my clients.

I changed that starting this year. I am now focused on wealth development and preservation. Sounds great Todd, but what does that mean? It means that I am focused on establishing and representing small and closely held businesses from their inception through successful operation. It means that I represent individuals in making sure that their assets are protected for the future. It means that I will make sure that the estate planning necessary for individuals meet their needs and the needs of their family. It means that I will make sure that assets survive for children and future generations. I also will work to determine the best ways to make sure any charitable gifts are done in the best manner.

Todd Engel

tengel@engelatty.com

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The Importance of CLE

January 12th, 2009

The Importance of CLE

I am on my way to attend the Heckerling Institute put on by the University of Miami School of Law. I will be spending the week in Orlando ( I know, hate me if you must but that’s where they decided to put it) for the next five days learning about Estate Planning, and Trusts for sophisticated individuals. I am fascinated by what they will state given the current market situation. I  am really excited to bring back what I learn to my clients and my practice.

In New York, lawyers are required to take 24 hours of Continuing Legal Education, (CLE) every two years. This was enacted so that the public could be sure that attorneys kept up to date on the practice of law. Prior to this regulation, there would be lawyers who would graduate law school and never take another continuing education course until they retired. I believe that is a disservice to my clients and in fact routinely have taken almost double my required hours.  Why would I go to that trouble? Here are five reasons, in no particular order.

1.       KEEP UP TO DATE ON THE LAW: The law is ever changing and evolving.  There are new laws being passed by the State Legislature or Congress that effects your practice. CLE offers the best way to know what is happening and to be able to apply it to your practice.

2.       EXPAND YOUR KNOWLEDGE: CLE  offers an attoney to expand his or her knowledge not only in the practice area  that he or she is specializing in, but in different areas that he or she may not have  considered before. It is a great way to expand your niche.

3.       PICK THE EXPERT’S BRAIN: People who teach CLE courses usually have developed a specialty  that allows them to advise the rest of the bar. Use that opportunity to your advantage. If you have a difficult probate issue and are at a probate CLE, ask the question. Taking advantage of the opportunity presented to you is not overstepping, it is good business sense.

4.       YOU CAN NEVER LEARN TOO MUCH: My father once told me when I was deciding about going to law school, the one thing that they can never take away from you is your education. Go  to seminars. Learn what you can so  you have knowledge. It can never be taken from you and you never know when you’ll need it!

5.       NETWORKING, NETWORKING, NETWORKING. When you go to CLE courses, take the advantage of meeting people. You never know where a referral may come from. You never know what benefit you will gain from that new connection. Every time you go to a CLE you represent yourself and your practice.

This is why I feel CLE is so important. I will continue to attend CLE events and make sure I gain the benefits available to me.

Todd Engel

tengel@engelatty.com

Engel Law Offices

7222 E. Genesee Street

Fayetteville, NY 13066

Twitter: www.twitter.com/toddengel

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