July 1st, 2010
It appears that the New York Legislature in its final days may have acted positively towards one subject: divorce.
It appears that the New York Legislature in its final days may have acted positively towards one subject: divorce. New York was the last state that required fault in order to grant a divorce. This meant that a divorce could only be granted if one of four grounds were met: cruel and inhuman treatment, abandonment, adultery or constructive abandonment. The parties had to admit to grounds and often times led to the parties making statements that might not have been entirely accurate in order to obtain the resolution desired. Now under the new law parties seeking a divorce would have to state that for the preceding six months the marriage was not able to reconcile. This makes fault and acrimony between the parties less of an issue. Despite this the issues of custody, maintenance, child support and equitable distribution will continue to need to be resolved. The hope is that this will allow for an easier process for those parties seeking a divorce. Now the Governor needs to sign this legislation that has passed both houses. Todd Engel firstname.lastname@example.org www.engelatty.com”>
New York was the last state that required fault in order to grant a divorce. This meant that a divorce could only be granted if one of four grounds were met: cruel and inhuman treatment, abandonment, adultery or constructive abandonment. The parties had to admit to grounds and often times led to the parties making statements that might not have been entirely accurate in order to obtain the resolution desired.
Now under the new law parties seeking a divorce would have to state that for the preceding six months the marriage was not able to reconcile. This makes fault and acrimony between the parties less of an issue.
Despite this the issues of custody, maintenance, child support and equitable distribution will continue to need to be resolved.
The hope is that this will allow for an easier process for those parties seeking a divorce. Now the Governor needs to sign this legislation that has passed both houses.
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.
Engel Law Offices
December 8th, 2009
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 email@example.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.
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
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.
Follow me on Twitter
Join me on LinkedIn
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.
Follow me on Twitter
Join me on LinkedIn
February 12th, 2009
My last blog post dealt with some basic technology in order for a practice to hit the ground running. We will now discuss certain additional applications to make running an office more seamless as well as effective.
As I said previously, Microsoft Outlook is the email calendar and task tool that has the market dominance. This is because it is bundled with Microsoft Office. I use it to keep my contacts as well as my calendar and my emails. While stability can be an issue, it is the industry standard. Google has an online calendar system that is pretty good, however being that it is unsecure, I would not recommend it for law office calendar management due to confidentiality issues.
Clients today expect and deserve feedback as quickly as possible. That is one of the many reasons smartphones have become ubiquitous with attorneys. What an individual looks for in a smartphone is an ability to synch with your email, contacts and calendars. There are many flavors, whether it is the Iphone, the Blackberry or the Palm or variations on their theme. The key to me is to be able to have the information not only at my desk but also at my fingertips when I am out of the office.
Document assembly software is important in making sure you don’t have to reinvent the wheel. When your practice has developed a niche, use the appropriate software to generate repeat documents. Hotdocs is a great example of this. I also use Drafting Libraries for various documents. The quality of the document produced is quite good and there is certain customization and flexibility which is important.
Every lawyer wants to be paid for what they do. Therefore invest in a good time and billing package that can be utilized both by you and your assistant. Ideally it should feed into your phone/PDA so that you can quickly capture time outside the office. You should be able to enter fees quickly and easily. You should be able to set whether you are billing on an hourly basis, flat fee basis or contingency fee. You should ideally be able to combine this with a practice management suite which sets forth a conflict search. Try demos of these products, there are many and again, different people like different programs.
Technology is constantly changing and evolving and lawyers have to stay current to best serve our clients. Join the technology group of your local bar. Join the ABA Law Technology section. Read and learn what you can but remember don’t use something without trying it first.
Follow me on twitter
Join me on LinkedIn