Has the feedback you’ve received from your client surveys been lackluster? We aren’t talking about unhappy clients or low scores. We’re talking about feedback that is beneficial to help your small law firm grow, evolve, and better serve your clients. 

According to Ashley Steckler, Lawyerist Product Director, if you’re finding yourself in this position, you may not be asking the right questions. She outlines five tips to adjust and improve your feedback surveys and enhance client feedback.

Ask Yourself What You Want to Learn and How to Approach It

The first step in designing a feedback survey is establishing what you want to learn from your clients. Ashley suggests being very clear about what’s the most important information you need and what sort of data you want as a result. “Start by asking yourself: what do I really want to learn and what’s the simplest way that I can ask?” she said. 

Mirror your regular communication method when sending your survey. If you regularly use a client portal that facilitates texting between client and attorney, stick with that. But, if you’ve never sent a text to your client, don’t send them a survey via text. Whichever communication method you opt for, make accessing your survey an easy, one-click step. 

Keep it Short, But Don’t Keep it Too Simple 

According to Ashley, questions like “tell us how we did” and “how was your experience” are counterproductive to useful answers. These open-ended, general questions are often unclear and make it unlikely you’ll receive the responses you want.

Start with easy questions, like “Rate your experience with our firm on a scale of one to five,” or “How likely are you to refer us to someone?” Don’t ask questions you already know the answer to, like contact or demographic information. This will help avoid survey fatigue before getting to more important questions. 

Clients shouldn’t spend more than three to five minutes completing a survey. Remember, they are doing you a favor by taking the time to offer feedback. Think about how much time you want them to invest. “Anything that extends beyond five minutes is too much—too thoughtful, too time-consuming, too many examples, too much writing,” she said.

Set your expectations upfront in summary language and establish that you’re looking for top-of-mind responses, not paragraph-long responses. “Train of thought answers are the most authentic. We don’t want people to try to wordsmith what they want to most perfectly let us know,” said Ashley. So, you might ask: “Briefly, what comes to mind when you think about your experience with our firm?” You’ll likely get what’s top of mind.

Stay Away from Internal Jargon

Part of being a client-centered firm means making sure clients have a solid understanding of what they can expect. You want to do the same when soliciting feedback. Use plain and simple language that your clients are familiar with and avoid using internal jargon. “You want to use the language clients have already come to expect in your communication,” said Ashley. 

For example, clients may not know what an estate plan is, but they probably know the purpose of a will. Don’t confuse clients with industry lingo and keep your questions simple and easily digestible.

Scale Your Survey from One to Five (Not Beyond)

Use a scale of one to five to capture data. “People don’t know what seven and eight mean,” Ashley said. “But they can think: one, horrible, five, fantastic.” The first question can set the tone for further questions and allow you to capture the client’s thoughts and expectations.

Identify this scale for the client. For example, if you’re asking them to rate if their expectations were met during their consultation, identify the scale as: yes, mostly, somewhat, not really, or no. Simple and easy-to-answer questions like these will help you get a sense of how your current processes are working and where improvements should be made.

Always Keep Your Client In Mind

At its root, the purpose of client feedback helps you better serve your clients. Center your feedback requests around how their response will benefit their experience. 

“The request for feedback shouldn’t be framed as a favor to you,” said Ashley. “It should show what is the value and why it’s helpful to others from the perspective of service. Even if you’re asking for client feedback in the way of a Google review.”

Don’t pigeonhole your clients into answering every single thing by making every question mandatory. Allow them to answer the questions they want to answer. 

Ensure your request is inclusive and allow for other ways for clients to respond. “Maybe they don’t like filling out forms, but they would be happy to answer questions on a call or do an easy-entry video,” said Ashley. Options always offer more incentives.  

For a more in-depth look at perfecting your client feedback experience, listen to Episode 424 of The Lawyerist Podcast. For even more help, look for Ashley’s workshops and coaching schedule in Lawyerist Lab. 

The post Ask The Right Questions to Get Better Client Feedback   appeared first on Lawyerist.

I’ve spoken with a lot of lawyers who want to make their own software. In fact, as a creditor’s rights attorney, I knew quite a few who developed platforms for their own use. Many of them entertain the idea of selling these platforms to others. Yet, few of them try, and still fewer of them are successful.

What is it, then, that allows some lawyers to tap into this alternative income stream? And why are others left simply dreaming of what they could do? Software development for lawyers is about selling processes. The firms that have good processes to sell will find success. Others will not.

Impetus for Building Software

Lawyers often find themselves wishing that a platform would do something more. Nothing ever works perfectly for the systems they have in place. Which makes sense. There are countless ways to practice law within the practice of law. So, unless a lawyer is willing to adjust their processes to fit the system, the system will never be enough.

Commonly, this leads a firm to build their own product based around their own systems If a firm has the need and the means, it’s not a bad idea to build something bespoke that fits their firm perfectly.

Although this is a great reason to build a product internally, it’s not a great reason to sell the product externally. 

Selling Processes Rather than Software

As stated earlier, no product will be perfect for a firm unless the firm is willing to adjust its practices and procedures to fit the product. This is true for any software. Yes, some tools fit well into a firm’s procedures, but they don’t generally fit everything. 

This was true for Greg Siskind, a Lawyerist Community member and renowned immigration attorney. With his team from Siskind & Susser, he has designed an immigration-specific practice management platform. They are co-developing it with FastCase, using the NextChapter software.

From his perspective, this platform is a natural extension of a book that his team has published for decades. They refer to it as the Immigration Cookbook, and it helps other attorneys learn proper practices and procedures for immigration cases.

With this new software, practicing immigration attorneys won’t need to adjust their systems and procedures just to use it. They’ve already done that when buying into the Cookbook. Here, Greg and his team have already sold the processes. The software is simply a way to use current technology to implement those processes.

Developing Software as an Attorney

Software development for attorneys, then, is not really about building software. It’s about building processes. And, frankly, it’s about building better processes than the next attorney. Then, and only then, can a firm develop a successful application. Future users will have to see a need to use the system upon which the software is built. Otherwise, they may just develop something on their own.

Further Reading

Check out our Healthy Systems resources to learn more about developing processes and procedures for your firm. There, you’ll see how to build processes, document them, and implement them into your particular practice.

The post Monetizing Your Firm’s Internal Processes appeared first on Lawyerist.

Great brands produce an immediate, visceral feeling. If you see the Apple, Coke, McDonald’s, or Nike logo, you know what it is and have an instantaneous association with it. Apple makes high-end digital devices. Coke makes soda. McDonald’s is fast food. Nike is athletic performance. You can dispute those descriptions, but there’s a shared understanding of what the company makes and who its target market is. That’s branding.

Most law firm branding is vague. With 1.3 million attorneys in America, it’s difficult for a firm to stand out in a saturated market. Postali helps your firm get noticed by the right clients.

Law Firm Branding Guide

Postali is a digital marketing agency working exclusively with law firms. Unlike many digital marketers, Postali doesn’t start the conversation with a sales pitch about SEO or website design, although they offer both.

Postali begins by working with the firm to define its brand. That process culminates in a branding guide, whose principles and specifications govern how the firm presents itself internally and externally. Postali’s branding guide engagement distills the amorphous concept of branding into two concrete products: written assets and visual assets.

Written Assets

While logos, colors, and fonts—visual assets—are obvious public expressions of a brand, those visual assets draw inspiration from something. FedEx’s logo has an arrow between “E” and “x” because FedEx believes its mission is to ship packages that absolutely, positively have to be there overnight. The “smiley arrow” on Amazon boxes reinforces its mission as a store selling everything from A to Z. Visual assets flow from an understanding of the business.

That’s why Postali starts by fashioning five written assets. These serve as the firm’s compass for decision-making and the lodestar for creating visual assets. Written assets include:

1) Target Audience: Define the firm’s ideal clients by demographics and behaviors. Knowing this target group affects the “where,” “when,” and “how” of marketing. It also helps with client intake and identifying who would be a good client once they first “touch” the firm. Understand who the firm aims to attract.

Sam Ballinger, Postali’s design director, offered an example: “Our ideal clients are well-informed and typically do their own research before making the decision to hire us.” The demographic is “well-informed,” and the key behavior is “do their own research.” 

So, what does that mean? If they do their own research, the firm’s materials should emphasize substance and details. They should downplay background explanations or “fluff” because well-informed people have already researched the basics.

2) Position Statement: A good position statement contains three elements: (a) it tells what the product is, (b) who the product is for, and (c) why one should use the product. Sam’s example: “We are pioneers in the field of nonprofit law…[for] cause conscious clients…[to] support, guide and execute their realization.”

The product is the firm’s services, but uniquely presented—the attorneys are not simply “attorneys” or “nonprofit attorneys,” but “pioneers in the field.” The product isn’t for every nonprofit, but for “cause-conscious clients.” The firm doesn’t merely meet a need, but “support(s), guide(s), and execute(s)” the client’s vision.

Sam encourages active, vibrant language that resonates with the firm internally and clients externally.

3) Mission Statement: This is an easily communicated and easily understood expression of the firm’s purpose. Sam’s example: “To use the law to stand up for our clients, be the voice for their children, and offer families a brighter future.”

A mission statement serves as the firm’s North Star. Every business decision should support, or at least not impinge on the mission. Does a prospective hire impress in the interview that bettering children and families motivates them? What sponsorship or community service opportunities introduce the firm to its target audience while improving families?

4) Core Values: These should not enumerate all the firm’s favorable characteristics. Instead, core values should examine what is foundational and fundamental. Core values should feel cohesive with the other written assets. What values are shared by the team and, ideally, with clients? Core values could be simple virtues like honesty and teamwork. The firm’s personality or mission may warrant pithy, action-oriented values like “be heroic.”

5) Value Proposition: A firm’s value proposition is the above-the-fold headline or news story lede. Why should the buyer pick this firm? Brevity is key. Spark enough interest in the prospect for them to take the next step.

Sam’s example is a personal injury firm advertising “a painless way to get legal help.” The proposition’s flexibility allows the sufferer to imagine many forms of painlessness, such as a painless intake process or a painless customer experience. A powerful proposition says a lot in a few words.

Visual Assets

Postali’s branding guide comprises three visual assets: a logo, color palette, and font families.

While the logo is inherently individualistic, Sam offers guidance on colors and fonts. A firm’s color palette consists of four to six colors. Each serves a primary or secondary role (e.g., title versus headings or body text). Font choices may be traditional or modern, depending on the firm’s personality and target market. Sometimes, Postali mixes traditional and modern fonts to reflect a long-established firm offering novel solutions.

The Process

Postali divides the creative process into four stages. First, clients complete a questionnaire to help Postali understand the firm’s personality and the “why now” of wanting to brand. Second, Postali’s creative team and the firm hold a discovery call, with the questionnaire guiding the discussion. Third, Postali refines agreed themes. Fourth, Postali produces draft is written and visual assets, which undergo client consultations and revisions before culminating in a finished branding guide.

The Take-Away

The branding guide is the firm’s to keep. Postali provides the whole panoply of digital marketing services, but there’s no obligation to contract for those services as part of producing a branding guide. Once created, a firm can use its branding guide internally to create its own website, messaging, and marketing content.

Lawyerist Interview with Postali

The post Postali Distinguishes Law Firms Through Branding appeared first on Lawyerist.

TimeSolv is a web-based legal billing solution, backed by 20 years of experience, focused on doing it right. As CEO Raza Hasan explains, TimeSolv is “selling a solution for a law firm to get paid more, to get paid faster, and make it easy for them to get this done.”

TimeSolv approaches invoicing with three specific goals, and the technology and automation to make them happen. TimeSolv defines success as maximizing the “three pillars of profitability”:

1. Increased revenue to the firm;
2. The firm getting paid faster; and
3. Easy-to-use software, making 1 and 2 possible.

Increased Revenue

Increasing revenue need not mean working more hours. TimeSolv equips firm leaders with tools to motivate employees under five principles:

Awareness

Managers can set goals and targets for each employee and track those targets daily, weekly, and monthly. Targets include measures like total hours worked, billable hours worked, and average hourly rate.

Controls are highly granular. For example, a team member could see the number of hours he’s entered, but not the total billable value of the hours, because he has permission to see hours but not the billing rate.

Incentives

TimeSolv possesses robust incentive management, a godsend feature for firms with complex origination and crediting structures. Its fee allocation and commission calculation are second-to-none. One can credit an originating attorney, responsible attorney, supervisors, and working attorneys.

Such capable incentive management, like split origination, is rare. It’s a hefty feature for a web-based program to offer. “You don’t have to do anything extra in Excel.,” Hasan promises.

Accountability

Accountability is built into TimeSolv and is driven by something lawyers generally hate to contemplate: time entry. But, as Hasan reiterates, it’s best for firms to have a time-tracking policy and to use technology to enforce it.

Every business has an expense tracking policy. Unless it’s a solo practice, a firm member can’t spend company money without accountability. Hasan says in a law firm, time is more valuable than money “because you can never get it back.”

Have a firm-wide time entry policy and enforce it. For example, all time must be entered before leaving for the day. Or all time for the prior week must be in by 9:00 a.m. the following Monday. The firm administrator can enforce the policy and report on compliance via TimeSolv’s Missing Time report, one of many reports and dashboards available.

Happy Clients

Hasan says, “You can’t exceed expectations if you don’t set expectations.” The best way to properly set client expectations is to tell them what will happen, in what order, when, and for how much.

TimeSolv provides a powerful planning tool called Legal Project Management to set out the actions or events in a matter, their order, the responsible individual, and a budget for each action. It’s connected to the matter billing and, if desired, to TimeSolv’s client portal, so the client can view case progress in real-time.

Permitted users see what tasks or stages are complete and whether, down to individual tasks, things are on budget.

Knowing Your Strengths (or Flat Fee Billing)

After a few months of using TimeSolv’s features and reporting, the firm can see results. Robust reporting presents a unified picture of what work the firm completes most profitably. Knowing those strengths can inform marketing strategies. Firms gain abundant clarity through project management and tracking over time.

Get Paid Faster

TimeSolv’s Zero AR eliminates the tedium and aggravation of invoicing with three simple steps.

Automatic Payment Authorization

When signing a client to a new engagement, TimeSolv sends the client a letter (or email) offering to set the client up on automatic payments via a credit card or bank account.

Automatic Emails

Then, when the firm creates an invoice for a client who authorized automatic payments, the client is emailed the invoice. That email also says that the “on-file” payment method will be billed automatically within five days unless the client objects. The client receives another email when the automatic payment is charged.

Review

The system above quickly tells the firm which matters or clients have a dispute or something to discuss.

With many other invoicing systems, there’s often a three-month delay between attorney work and receiving payment.

TimeSolv’s Zero AR reduces the process to five weeks. The attorney records work in month one. That work is invoiced in the early days of month two and paid within five days of invoicing. Zero AR removes a minimum of a month from the invoicing cycle, eliminates payment receipt and recordation headaches. It makes it easy for clients to pay, and alerts firms early to possible “problem” clients.

Efficient Software

Collecting good data to make informed decisions requires the firm to have systems and software that make things like time entry compliance, budgeting, and reporting easy and efficient. TimeSolv lives at this nexus. And, while TimeSolv began life in 1999 as a desktop-based time tracking and invoicing program, it was rebuilt as a web-based app seven years ago, adding many practice management features to its arsenal, such as:

• Microsoft 365 connectivity;
• Document storage, both natively and via integrations;
• eSignature capabilities;
• CRM features via a partner company in the ProfitSolv family;
• Document automation;
• Conflict checking; and
• Task management.

Experience and Nimbleness

TimeSolv is a fast and feature-rich web application well-served by a 20-year heritage in the legal market. It addresses complex feature needs like split-billing and split-origination that many programs lack. In addition, TimeSolv is the only online product that automatically converts data from TimeSlips, PCLaw, and Tab3, giving users complete access to historical billing information.TimeSolv remains focused on helping lawyers make themselves more profitable. Start a free trial today at timesolv.com/start-now.

TimeSolv Product Demo

Check out Zack’s demo with TimeSolv’s CEO Raza Hasan to learn more about how TimeSolv can increase profitability.

The post TimeSolv Enhances Profitability with Advanced Features in the Cloud appeared first on Lawyerist.

It’s easy to assume that a company we’ve known for years does only that thing we first knew them for. Attorneys know LawPay as the preeminent payment processor for law firms. LawPay is expanding its offerings to include invoicing, trust accounting, time tracking, and expense tracking.

These new LawPay Pro features will “round out your billing management,” according to Leiasa Horanic, senior product manager at AffiniPay. LawPay continues to offer the features you know and love. The added tools of LawPay Pro put more relevant information and actions in one place.

Invoicing

LawPay Pro expands on the existing “Quick Bill” feature with the ability to create invoices with individual line items in five easy steps:

1. Select a contact to receive the bill or create a new contact directly from the invoicing screen.
2. Optionally, select a case to attach to the invoice. You can invoice without adding cases.
3. Select the bank account you want the funds deposited into.
4. Set the payment terms and due date.
5. Add line items to the invoice. Each line item has seven fields:
   • a) type of entry, which can be a time entry, expense, or flat fee amount;
   • b) the date for that item;
   • c) activity type, chosen from a customizable list;
   • d) note or description;
   • e) the hourly or flat rate;
   • f) the quantity, such as the number of hours; and
   • g) whether the item is non-billable.

Saving the invoice creates a draft for the user to preview and then send to the contact. The invoice includes payment options the firm makes available in LawPay. The firm can set the default text for the message accompanying the invoice, which users can edit on a per-message basis.

The contact receives the invoice via email, with a PDF version attached, and can click a “pay now” button or pay by scanning a QR code. Clicking the email link or scanning the QR code takes the contact to the payment page for that specific invoice rather than the firm’s “generic” LawPay page, saving the firm additional tracking and reconciliation work.

Finally, LawPay Pro allows firms to record payments on behalf of contacts, like when a client calls with a credit card to pay an invoice. LawPay notes how each invoice is paid, so the firm can look back and see which clients pay by which method. And, of course, invoices can be paid from a trust account.

Trust Requests

With LawPay Pro, the firm can issue new trust requests and trust replenishment requests. When making a trust request, the user answers six questions:

1. Select a contact to receive the trust request.
2. Enter the amount requested.
3. Enter a due date.
4. Select a trust account to receive the deposited funds.
5. Optionally, allocate the received funds to a particular case.
6. Enter the email text to accompany the request. The firm can set default text.

From the client’s perspective, the experience upon receiving the trust request is similar to receiving an invoice.

The Billing tab is the central place to track the statuses of invoices and trust requests. Users can see whether the recipient has viewed the invoice or trust request email. Each invoice and trust request has a complete history of when it was created, sent to the client, paid, and by what method.

Time and Expense Tracking

Entering the Time and Expenses

LawPay Pro includes time and expense tracking, so users can enter events and record expenses as they occur. At month’s end, the firm can generate an itemized invoice for the contact.

Expense entry is handled similarly to time entry, except users can attach receipts to expenses. At any point, one can go to the Billing tab and select Time Entries or Expenses to see all open and invoiced time entries or expenses.

Invoicing from Recorded Time and Expense Entries

At billing time, go to the Billing tab, then Invoices, and click Create Invoice. LawPay Pro prompts the user to select a contact and then a case. Once the user selects a case, all non-invoiced entries, both for time and expenses, associated with that case appear as “pre-filled” line items. The user can change any line item or add items not previously entered. Finally, the user can include a discount, either by dollars or percent, off the invoice.

More “It’d Be Great If” Features

For current LawPay firms, Pro is a superset of the existing product. In addition to the new billing tools, LawPay Pro enhanced the payments, contacts, and reporting features.

Payments

LawPay Pro’s Payments tab contains a running list of all transactions. Users can filter by bank account, both operating and trust accounts, see open invoices and trust requests on a per-client basis, and collect payments from clients who phone in credit cards or who use offline payments.

Contacts

The Contacts tab benefits from the added invoicing features of LawPay Pro. Contacts can link to cases for basic tracking cases associated with a given contact. Time tracking also benefits from this linkage since most lawyers think of entering time for a case rather than a contact, especially for any having two or more cases. The contact’s billing tab is the gem. It displays a contact’s entire trust history, trust requests, invoices, trust allocations, and scheduled automatic payments in one place.

Reports

LawPay Pro builds on LawPay’s current reporting infrastructure. New or improved reports for Pro include:

• an aging invoice report showing overdue invoices;
• an accounts receivable report;
• a monthly transactions summary;
• a trust account summary;
• a trust account activity report; and
• a user time entry report.

See It All on the Dashboard

LawPay Pro’s dashboard, available on the Home tab, pulls everything together and gives users an overview of the firm. This one-stop-show shows key firm metrics regarding invoices, transactions, and time entries. To learn more about LawPay Pro, visit lawpay.com/introducing-lawpay-pro.

LawPay Pro Demo

The post Track and Bill Time with New LawPay Pro appeared first on Lawyerist.

CloudLex targets personal injury firms with handy features necessary for that practice area. Its focused tools set it apart in a generalist practice management market. 

Unique Tools for Unique Attorneys 

Specialty tools attract people who appreciate their focused nature, solving a finite set of problems exquisitely well. CloudLex’s distinctive approach shows in a testimonial highlighting one of its client firms. Rather than a traditional case study, Chad Sands, vice president of marketing, worked with customer Dan Schneiderman on something different. They prepared a video highlighting Dan’s personality, love of woodworking, and how he busied himself during COVID. 

Chad’s video showcases Dan in a non-traditional way, revealing two interests of his: woodworking and 3D printing. Similarly, CloudLex isn’t playing “follow the leader,” adding “kitchen sink” features, trying to be all things to all people. Instead, as Chad put it, they’ve “doubled down and are going deep in personal injury,” squarely “focused on plaintiff PI” enhancements. 

Needs of Personal Injury Firms 

Ease of use and quick access to information form the foundation of good PI firms. 

Ease-of-Use 

No one wants to spend weeks transitioning from one software product to another, building out matter-specific fields, and training staff on the new system. Thankfully, CloudLex fits the PI niche like a glove: 

• It focuses on out-of-the-box usability. No firm employee needs weeks of training to be productive or spends hours customizing the software. 
• CloudLex handles the firm’s onboarding and data migration. There’s no handoff to third-party consultants or burdening the customer with additional obligations. 
• There’s no complex billing or accounting component to learn because those features are unnecessary in PI work. 
• A timeline appears across the top of each matter page, mapping the case’s lifecycle. For example, users see essential information like the total number of days since case opening, incident date, intake date, the statute of limitations date, and other dates the firm deems valuable. 
• The Expense Manager helps track internal costs and track client expenditures. 
• The Settlement Calculator manages demands and offers in one place, showing attorney and plaintiff recovery for each offer and counteroffer. 
• Quick Links allow users to move swiftly between events, tasks, contacts, notes, and photos. 
• The global sidebar offers speedy access to searching, text messaging-like connections to clients and staff, notes, and emails. It also houses CloudLex’s newest tool, Uber for Attorneys. 

Uber for Attorneys: Adding a New Tool to the Repertoire 

Being “100% dedicated to plaintiff PI” means solving problems that don’t arise in firms focused on other practice areas. 

Sudden and unexpected mobility impairments are a client experience uniquely tied to personal injury. For example, an automobile accident might eliminate a person’s mode of transportation. An injury could prevent one from safely operating a motor vehicle or comfortably navigating public transit, if available. Clients still have appointments with doctors, attorneys, courts, and others. 

CloudLex built a tight integration with Uber into its practice management product for that reason, to help personal injury attorneys serve a need particular to their clients. 

The Firm-side Experience 

Without leaving CloudLex, an attorney can order an Uber ride for a client, with all the options one expects from Uber. Opening Uber for Attorneys reveals three tabs: 

• Address Book: The address book holds Uber pickup and drop-off locations, including user-saved, frequently used addresses. 
• My Trips: This tab tracks past, ongoing, and upcoming Uber rides. 
• Book a Trip: This tab contains the heart of the new functionality. Here a user can: 
  • Tie a ride to a matter or an intake; 
  • Enter a party or contact for pickup; 
  • Enter the reason for the ride, which later appears on invoices and trip history; 
  • Enter a pickup address manually (which can be saved to the address book), select one from the address book, or from frequently used prior locations; 
  • Select a ride type; and 
  • Request a ride either immediately or scheduled for later. 

Once the ride is requested and accepted, the firm receives a notification in CloudLex and can follow the ride’s progress under My Trips, including complete driver information as in native Uber apps. 

The Client-side Experience 

After the firm requests a ride, the client receives a web link via text message. Clicking that link opens the native Uber app on the client’s smartphone, allowing the client to track the ride as if they’d ordered it themselves. When completed, the ride is saved in the history section of the client’s Uber app with a $0.00 charge. 

A Complete Integration for a Complete Experience 

When Chad says, “Everything we do is catered to [personal injury-]specific areas of practice,” he means delivering these robust experiences to solve problems that PI attorneys face. With Uber for Attorneys, the firm maintains one place to request and track rides, view receipts, and record expenses against matters. Clients get seamless access to needed transportation in the familiar Uber app, with their costs covered. Uber for Attorneys brings technology and automation to serve attorney and client needs simultaneously. 

Watch Chad and Zack discuss CloudLex’s PI-focused tools, and Uber for Attorneys in particular, in the video below. 

A Unique View of PI Attorneys 

Additionally, CloudLex is creating a new publication highlighting personal injury attorneys. This periodical, The Trial Lawyer’s Journal, is dedicated to the “idea of celebrating justice.” It focuses on the lives and day-to-day business of attorneys working on personal injury cases. TLJ will examine work-life balance and give readers a glimpse into the community of PI attorneys. 

CloudLex plans to release the first volume this summer, with over 130 pages, featuring incredible artists, photographers, and in-depth interviews. Grab a preview edition today on their website at https://www.cloudlex.com/tlj. 

The post Manage Client Travel Expenses with Uber for Attorneys in CloudLex  appeared first on Lawyerist.

PracticePanther, the comprehensive law practice management solution focused on small to medium-sized law firms, spends a lot of time listening to its users. This ongoing conversation helps it refine and expand its features to serve its growing customer base better. Recently, Jonathan Prosperi, product manager at PracticePanther, sat down with Lawyerist’s Zack Glaser to talk about their approach to product development and some of the changes rolling out to customers in the latest updates.

PracticePanther’s Approach 

PracticePanther works with clients and partners to ensure it’s building the best, newest, and most thoughtful features to empower law firms and help customers have a better, more complete experience. All the changes Jonathan highlighted emerged from his team’s conversations with end users. 

Product managers meet with users to know on-the-ground needs—no guesswork or ivory tower theorizing. Any PracticePanther client can request a meeting with Jonathan directly within the application. These meetings help people feel connected to the platform, be heard by the company, and know their ideas are going somewhere. 

The result? PracticePanther frequently updates their platform to enhance their user experience. In this instance, they implemented ways to make current workflows faster and increase control of matters and financials. Here, the team made simple but effective user enhancements that illuminate existing powerful tools. 

User Input Drives Feature Enhancements

PracticePanther’s workflow and interface improvements focus on activities, intake, matters, billing, and system performance.

Increased Visibility of Firm Activities 

With a new firm Activities screen, leadership can keep a watchful eye on their processes and efficiency with ease. PracticePanther’s Activities screen shows all tasks and events within the system. Previously users could set task due dates and mark them completed. Activities now show the completed date alongside the due date, making it easier to see firm productivity. Users can separate these two data points in the Activities window and view them side-by-side in columns.

Default Intake Form 

PracticePanther provides a new default intake form with “most requested” questions, so it’s immediately usable by new firms. Rather than leaving it up to the attorney to make a form, the platform lets users hit the ground running. When prospects complete the intake questionnaire, that information flows directly into PracticePanther. 

Flexibility is essential too. PracticePanther makes it simple to add and remove questions to fully customize the form to meet each firm’s needs.

Enhanced Matter Visibility 

PracticePanther has also added the ability to see the corresponding rate in the matters list. Each matter could, and still can, have its rate set by matter type or user. Customers can now see the rate in the matter list and the report tables. They can also quickly sort or filter by rate. 

Additionally, users can now archive matters. If a potential new client doesn’t convert or a matter is paid out the firm doesn’t completely lose the data. Previously, the only option was to delete matters. Now, users can easily look back at previous case information without cluttering their working dashboard. Archiving matters removes them from the active list without eliminating them from the system. It speeds up searches, removes unnecessary information from reports and filters, and declutters the user’s view.

Greater Billing Flexibility 

Daily or monthly billing rituals have been made easier with the updates to financial tracking and contact-level invoices in PracticePanther. 

For any matter, the unapplied dollar amount is money the firm holds in its operating account. This is cash it has received from a client for a matter, but not yet applied against that matter’s balance. With a recent change to the matter list, users can now see the unapplied amounts in the default view. Additionally, users can quickly determine which matters have earned and paid money that merely needs to be applied against an invoice. 

A second change to billing concerns contact-level invoices. When one client has multiple matters with the firm, is it preferable for the invoice to list matters by name or by matter number? PracticePanther employees and users hotly debated the topic, with about 50% on each side. So, developers did the sensible thing and allowed users to organize matters either way on invoices. 

Small changes like these permit users to work quicker in ways they want to work. 

Accelerated System Performance 

The final focus area for recent revisions is general system performance. PracticePanther sped up lots of little things. Each second saved may seem inconsequential in isolation. But you’ll notice the benefit with bulk operations like generating invoices—particularly during “rush hour” at the beginning of the month. Similarly, PracticePanther improved global search speed and the display and refreshing of data tables. For example, the data just snaps in when generating a report housing dozens or hundreds of clients. Snappy and seamless performance is one of those things that never makes the “cool feature” checklist, but users appreciate it every day. 

As Jonathan said, the folks at PracticePanther want to “make sure people feel good about using our software.” 

Check Out PracticePanther 

Our video conversation and the five items above highlight only a few of PracticePanther’s ongoing enhancements. If you’re a current user, visit their release notes section to learn what’s new and upcoming.

If you’re not already a user, learn more by visiting www.practicepanther.com or contacting Jonathan at [email protected], who’d be delighted to hear from you. The ethos of PracticePanther comes through in listening to customers, continually improving the product in big and small ways that make a daily difference, and the words Jonathan closed with: “I take a lot of pride in connecting with people who care about our product. I want to know what they’re thinking about, what they want to see in the future, so I make myself available.”

The post PracticePanther Promotes Process Productivity with New Features  appeared first on Lawyerist.

The phrase “digital marketing” encompasses many things and has changed over the last decade. 

Digital Marketing for Attorneys Evolves 

Marketing for legal services has a short history compared to other products and services. Before the 1970s, rules prohibited attorney advertising. And once permitted, many people saw things like TV ads and billboards as crass, even desperate. But public opinion changes, as do the methods for attracting its attention. While an ever-diminishing number of attorneys buy ads in the Yellow Pages, digital marketing spending grows by leaps and bounds. Every new or growing law firm needs a website to attract and inform potential clients. 

Fred Cohen, Founder and CEO of Omnizant, recalls that, a decade ago, when attorneys thought of their website, they imagined an online business card. More recently, they noticed that their firm website could be a powerful tool for client generation. But, in some ways, firms have now over-corrected, seeing all marketing as digital and neglecting traditional tools. 

Omnizant’s approach balances the traditional and digital functions of a marketing agency. Omnizant helps with positioning, messaging, and differentiation—traditional marketing functions, while blending in powerful digital capabilities for maximum visibility. As Fred puts it, “[Attorneys] have gotten past the idea that lawyers shouldn’t market or have an active web presence seeking clients.” 

Goals of a Law Firm Website 

When working with a firm on its website, Fred and his team aim to build a site that answers three foundational questions: 

1. What unique value proposition and experience does the firm offer prospective clients? 

2. How does the firm view its relationship with the client? 

3. What is the firm’s approach to a matter? 

In answering each of these questions, the firm, with Omnizant’s help, tells a compelling story. The goal is to create a website that serves as a learning experience. Potential clients can then determine whether the firm is a good fit. 

In addition to a robust and purposeful website, Omnizant works with the firm to determine its target client and how to identify those prospects. As Fred says, a marketing agency should help drive relevant traffic to your website, not sheer numbers. Success is more than a high search engine optimization (SEO) rank. Law firms need a holistic approach to get your message in front of the right people to let them know you can help them. 

People shopping for legal services today are sophisticated consumers and know they have many options. When they select an attorney, it’s both an overt assessment (e.g., does the firm meet my stated needs) and subliminal, a practical and emotional decision. Communicate a cohesive branding message with words, imagery, and color to reach both sides. 

The Future of Legal Marketing 

Automation is coming for marketing. This alarms some, given the rudimentary state of firms’ marketing efforts. While artificial intelligence (AI) grabs the headlines, many firms don’t have sound marketing fundamentals. Too few firms use customer relations management (CRM) software, pipeline tracking, or lead attribution software. These long-standing technologies are nascent, even in mid-sized firms. 

Once your firm has the basics in place, Fred says, then it’s time to think about marketing automation. The purpose of automated marketing efforts, such as “drip” campaigns specialized for a persona or client profile, is to keep the law firm “top of mind.”  

It’s hard enough to be a good lawyer without worrying about the minutia of what good marketing entails. Omnizant is a great partner for growth-minded firms, which it defines not as simply “more clients,” but rather “better clients” or “specific clients.” Their approach harkens back to tailoring the firm’s website and overall branding to attract clients that match its value proposition. 

Where to Start 

Holistic firm marketing may seem overwhelming, but Fred offered advice to get started even before you engage Omnizant or another agency. 

1. Know what you are good at and passionate about. 

2. Figure out what information you have available to share with prospects. 

3. Don’t become obsessed with search engine ranking scores. Ranking improvements come with high-quality content. Long-form content, in the range of 4,000 to 6,000 words, generates more traffic. This is especially true with the advent of AI, which can flood search engines with short content. 

4. Although long-form writing is advantageous, one should give finite responses to finite questions where possible. Be concise where appropriate. 

5. Attribute website content to a specific author whenever possible. Search engines value authorship, proof that a human wrote the piece because it adds credibility and defends against a flood of AI-written dreck. Bylines add to the “authority of authorship” and improve the firm’s visibility in search results. 

Learn more from Zack’s chat with Fred by watching our video and visiting Omnizant’s website to grab their guide on search engine optimization for lawyers, or go ahead and get an SEO Audit.

The post Thoughtful Attorney Marketing with Omnizant  appeared first on Lawyerist.

Every business needs a website. Unfortunately, many law firms lack one, or if they have one, it serves no purpose beyond being a digital business card. Most firms want more, but time and other commitments preclude it. Fortunately, CosmoLex Websites makes creating and updating a powerful business website simple. 

It’s “Done for You” 

CosmoLex Websites operates on the “done for you” model. Your firm works with experts at CosmoLex to design and implement a modern, feature-rich website. There’s no need to hire or be a web developer, marketing strategist, or WordPress administrator. 

As Erica Birstler, VP of Product Communications & Support at CosmoLex, puts it, CosmoLex Websites, “take[s website development] off your plate and [you] have a great end result that can impact the growth of your business.” 

Watch the video below to see Erica walk Zack through a beautiful sample site demonstrating valuable website features and tight integration between the CosmoLex LPMS and a CosmoLex-created website. 

The Three Cs of a CosmoLex Website 

The value proposition of having an LPMS vendor build and maintain your website becomes apparent when you remember that the LPMS is a core source of contact information. Good customer relationship management is integral to effective legal marketing. Good marketing naturally involves the web. Having a website that feeds prospects into your LPMS is advantageous. 

CosmoLex Websites rests on the fundamental principles of clean design, credible content, and convenient features. 

Clean Design 

Say goodbye to bland, cookie-cutter law firm websites featuring people in suits and icons of courthouses and gavels. CosmoLex Websites ditches those stereotypes in favor of a clean, modern design that the firm selects to fit its image. 

CosmoLex employees work with your firm to distill your desires into a fresh business website with top-notch features like: 

1. Mobile-responsive webpage layouts; 
2. Easily found and click-friendly links for phone numbers and emails; and 
3. Inclusive, accessibility-focused widgets for text size and spacing, tooltips, color, saturation, and on-the-fly language translation. 

Credible Content 

Your firm’s website is where potential clients learn about you without ever speaking to you. As prospects peruse your site, they form judgments about whether your firm fits their needs. CosmoLex Websites offers a library of website content, like blogs, articles, and explanatory pages, for you to choose from. 

You work with CosmoLex to select and customize content relevant to your target audience. CosmoLex makes available easily modifiable templates and sources of information. They have fine-tuned their curated content for heightened visibility through keyword and search engine optimization, improving your site’s placement in search results. 

Finally, no matter how perfect a firm’s website is on launch, all firms face the challenge of keeping their website current and relevant. CosmoLex addresses this issue with quarterly content update meetings to address site changes. 

Convenient Features 

A firm’s website is not only a marketing tool.  It can also help you serve existing clients. Because your website links directly to your CosmoLex LPMS, you can offer client convenience features: 

1. Contacts: Create a web form that feeds information directly into CosmoLex. 
2. Consultation: Set up a consultation button on your site so clients or prospects can schedule appointments via integrations with Calendly and Microsoft Bookings. 
3. Pay Now: Offer clients the ability to pay via credit cards. Payments feed directly into CosmoLex.  You can classify the payment type (e.g., retainer or invoice) and link them to the appropriate client and matter. 
4. Client Portal: Make available matter information you choose to clients, who can log in and review it when convenient. Sharable information includes invoices, documents, and calendar information. 

A Better Law Firm Website with Less Burden 

CosmoLex Websites alleviates the burden of designing, building, and maintaining a website. Its streamlined integration with a top LPMS vendor keeps vital information handy. Erica said her biggest passion is “to help lawyers run a better business.” As attorneys, you want to practice law and serve clients, not bury yourself in HTML, APIs, or SEO. 

Visit cosmolex.com for a demo and free trial to see how a CosmoLex-based website helps your firm reach prospects, boost profitability, and focus on being a competitive player in the legal field. 

The post CosmoLex Extends its All-in-one with CosmoLex Websites  appeared first on Lawyerist.

Scott Kelly, product manager at NetDocuments, sat down with Zack to discuss how PatternBuilder integrates with NetDocuments and to demonstrate a new customizable database feature called data tables. 

Scott emphasized that PatternBuilder is a toolkit for building and automating your firm’s needs. Traditionally, automation meant creating documents. Of course, PatternBuilder can do that. But it can do much more, such as collecting, storing, and manipulating data via data tables. It’s a toolkit your firm can leverage to create solutions that might otherwise require a separate product and fee. 

Watch the video below to see how PatternBuilder helps organize the data at the heart of your law firm. 

Workflow and Document Automation with PatternBuilder 

Scott gave the example of hiring an employee. When a company wants to hire a new employee, the law firm creates three documents: an employment offer, an I-9 immigration form, and a proprietary inventions agreement. Instead of doing each document manually, with a PatternBuilder app, a user walks through a custom workflow (a series of questions) and the app produces those three finished documents. 

PatternBuilder leverages its integration with NetDocuments to go beyond just offering to download final documents to your desktop. As part of the app’s workflow, PatternBuilder both creates the documents and files them within the appropriate client and matter in NetDocuments. As a result, you save time and all firm users can quickly access documents. 

Building a PatternBuilder App 

You can build workflow apps with PatternBuilder’s “no code” editor, create the questions you want, and place those fields in document templates. Question types include: 

PatternBuilder permits dynamic logic in its workflows too. This means workflow questions and the resulting final document include only relevant information. Scott’s example was the employment agreement. If a prospect were offered stock options, you would select that option in the guided interview. Only then does the app prompt the user to enter stock options information. Similarly, if the company doesn’t offer the prospect stock options, those provisions are absent from the final employment agreement. 

Use Loops to Collect Repeating Data 

Another powerful feature is loops. Think about collecting information from your clients. Sometimes you know the “maximum” amount of data there will be. For example, a person will have only one social security number. Other times, you have no idea of the maximum. How many children does a client have? How many properties does a business own? Loops exist for situations where the maximum is unknown. Scott’s example is the proprietary inventions agreement. The prospective hire may have no prior inventions, a few, or dozens. You can set up the PatternBuilder app to collect unlimited inventions. All inventions entered appear in the document. If there are no inventions, the app removes that entire section from the document. 

Additionally, all NetDocuments’ management, permissions, and version tools integrate seamlessly with PatternBuilder. Upon creating and filing the documents, the app applies the proper NetDocuments metadata and security to each. These new documents appear in relevant searches and filters without manual data entry. 

Sample Data Collection with Data Tables in PatternBuilder 

While documents are at the heart of PatternBuilder, the program isn’t limited to them. Data tables make collecting, storing, and using data effortless. 

Scott’s example is completing a “new real estate client” form via a PatternBuilder app. The app asks questions like in his document example above. The difference is that rather than producing documents, finishing the workflow creates both a new client and new matter in NetDocuments. 

Furthermore, collected data, like company name and address, and loops, like the client’s real properties, are stored in data tables. That information is then available for automating documents. You can create as many data tables as you like. You can edit them directly instead of through a form or interview. They hold the same question types as workflow apps described above. Finally, data tables are accessible via an open API to receive data from your law practice management system, Salesforce, and elsewhere. 

Get Started with Workflows and Apps 

Find out how PatternBuilder can replicate and automate your firm’s unique templates and processes, resulting in faster, higher-value client service by seeing a personalized demo. Book here: https://www.netdocuments.com/products/patternbuilder.  

The post Data Tables Make PatternBuilder Even More Versatile  appeared first on Lawyerist.

Nurses are some of the most highly-trained and dedicated professionals in the healthcare industry. They work tirelessly to care for patients and help them get back on their feet. However, sometimes nurses can make mistakes that cost them their license and career. Nurses are at risk of losing their license if they are convicted of a felony, have impaired professional performance, violate the regulations, are negligent, and more.

Being Convicted of Felony

When a nurse is convicted of a felony, it can lead to the loss of their license. If a nurse has been accused or convicted of a felony, they should talk with an attorney right away about their options. They may be able to get the conviction expunged or show proof of rehabilitation. If a nurse has lost their license and wants it back, they may wish to appeal the board’s decision.

Impaired Professional Performance

Nurses are expected to handle their responsibilities with skill and accuracy. If they cannot do so because of an addiction or mental health problem, it can lead to the loss of their license. When a nurse’s performance is impaired it can be grounds for the board to revoke their license. The following factors can impair medical performance:

• Alcohol or drug use
• Neglect of duty
• Incompetence
• Psychological problems
• Extreme exhaustion

Violation of Nursing Rules and Regulations

Nurses are expected to follow all state and federal rules and regulations for their practice. If a nurse breaks a rule or regulation, it can result in loss of license. The board may take disciplinary action if a medical expert violates any regulations related to:

• Dangerous drugs or alcohol consumption during work-hours
• Delegating nursing tasks to unlicensed individuals
• Patient abuse and neglect
• Failing to report a colleague’s misconduct

Disciplinary boards take these violations very seriously, even if the nurse did not intend on breaking a rule. If you have been accused of violating a rules, you should have an attorney secure your nurse license defense. A medical defense lawyer may help you keep your license and avoid a conviction on the record.

Negligence Causing Injury or Death

If a nurse fails to provide adequate care to a patient, it can lead to the loss of their license. Negligence isn’t just about medical care. It can be negligence in providing food, water, shelter, or supervision that causes severe harm or death to a patient.

If a nurse’s actions lead to injury or death, the board will likely suspend their license until an investigation is complete. Once the investigation is completed and any criminal charges are resolved, the board will determine what disciplinary actions should be taken against their license.

Gross Misconduct

A nurse’s license can be revoked if they are convicted of general gross misconduct. If a nurse has been convicted of any misconduct in the past three years, it will result in the loss of their license. If you are in this situation, contact an attorney as soon as possible. Having early legal representation can influence the outcome of your case.

Intentional Acts of Harm

If a nurse intentionally harms a patient, it can lead to loss of license. If a nurse has an argument with a patient and then decides to abuse or neglect them, disciplinary action will be taken. Even if the board finds that the nurse did not intend to harm their patient, it can result in disciplinary action against the license.

If you have been accused of intentionally harming someone, you should contact an attorney right away to help you fight allegations. An experienced medical defense attorney may help you keep the license and avoid a conviction on their record.

Final Thoughts

As you can see, there are many reasons why a nurse’s license may be revoked. If you have been accused of one of these reasons, you must retain an attorney as soon as possible to help protect your rights.

The post What Can Cause a Nurse To Lose Their License? appeared first on Lawyers Corner Legal Blogs.

If you’ve recently purchased a motorcycle, you’re likely excited to take your new vehicle for a ride. However, if you want your children to ride on the motorcycle with you, it’s important to know the laws in your state when it comes to minors riding on motorcycles.

For instance, according to Florida law, passengers can only ride on two-passenger motorcycles. On a two-person motorcycle, passengers are permitted to ride o the same of the same seat as the driver or on a separate seat attached to the motorcycle. The additional seat can be next to two or behind the driver’s seat.

However, the driver’s position can’t interfere with the driver’s ability to control or operate the motorcycle. The seat must also be positioned to don’t obstruct the driver’s view. These regulations are put in place to keep the driver and the passenger as safe as possible while on the road.

If you’re planning on taking your little ones for a ride on your motorcycle soon, here are some additional things to keep in mind.

Are Passengers Required to Wear Helmets While Riding a Motorcycle?

Riding a motorcycle without a helmet comes with major risks, and yet, in some states like Iowa and Illinois, there are no helmet laws for motorcycle riders. Despite that, all riders should wear at least protective eye gear.

In Florida, individuals over the age of 21 are not required to wear a helmet while riding a motorcycle if they have an insurance policy that covers no less than $10,000. However, it is recommended that all motorcycle passengers wear a helmet regardless of age. It is also best for passengers to follow all the safety precautions a motorcycle driver would follow. In addition, all riders should wear heavy fabrics such as leather and denim and close-toe shoes for added safety.

In Kentucky, all people under the age of 21 who operate or ride on a motorcycle are required by law to wear a good motorcycle helmet. In addition, passengers who also ride in the attached sidecar of a bike must wear a helmet. Kentucky is not the only “helmet state with an age requirement.” The list includes Texas, Maine, Ohio, Pennsylvania, Michigan, and more.

Check out the NHTSA state-by-state guidelines if you want complete details regarding motorcycle helmets, protective gear, child passenger safety, and more.

What Is the Age Limit for Motorcycle Passengers?

A motorcycle passenger cannot be under the age of 5-8 years old in the following states: Washington, Texas, Louisiana, Arkansas, and Hawaii.

The other remaining states have no restrictions on passengers’ age. However, adult riders are advised to use their better judgment and ensure that kids and teens wear the same type of protective equipment as the operator.

In other words, there are few age limits for passengers who want to ride a motorcycle, which means that children are legally permitted to ride on the back of motorcycles in most states. However, we must emphasize that children must follow all other motorcycle safety measures and are required to wear a helmet since they are minors.

Motorbike operators need to exercise extra caution when riding with a child. Both drivers and passengers should be knowledgeable about motorcycle safety and the dangers of driving while distracted to increase the chances that the motorcycle ride is as enjoyable and safe as possible.

Rules for Passenger Side Cars

Most motorcycle passengers ride behind the driver and hold on to the driver for stability. However, sidecars are also an option, although they are not as common. Sidecar riders are required to follow the same safety measures and those who ride on the back of a motorcycle and be just as attentive as they would be if they were riding on the back of the vehicle. In addition, sidecars will affect some of the equipment requirements outlined in some states’ statutes. For instance, motorcycles with sidecars are not required to have footrests on the vehicle, unlike standard motorcycles.

What If You or a Young Passenger Are Injured in a Motorcycle Accident?

A motorcycle accident can be tragic, especially when people don’t take the right safety precautions. Since motorcycles share the road with larger vehicles ranging from sedans to semi-trucks, motorcycles are more prone to accidents. The result of these wrecks can be devastating and even fatal for operators and their passengers.

If you’ve been in a motorcycle accident involving a minor in Kentucky, for instance, it’s best to get in touch with a lawyer right away. A Kentucky motorcycle accident lawyer will help you sort out the details of your case to help you and your family get a fair settlement and work with the insurance companies on your behalf. Furthermore, working with an attorney can give you the peace of mind you need so that you and your family can focus on healing after the accident. It is the same in every state.

It is important to seek legal counsel as quickly as possible from a law firm in your state, as you know that laws differ. Moreover, some states use the at-fault or no-fault doctrine in traffic accidents, so you need attorneys who know your state’s law inside and out.

A motorcycle crash can have a profound financial impact on a family, and you may have to take time off work to recover from your injuries, which is why having a lawyer on your side can be beneficial.

The post How Old Does a Child Have to Be to Ride on the Back of a Motorcycle? appeared first on Lawyers Corner Legal Blogs.

We fiercely value our Second Amendment right to keep and bear arms in Texas, which is why we enjoy some of the least invasive gun laws in the country. However, the sale, purchase, and possession of guns are still tightly regulated. It’s easy to run into trouble if you don’t know and follow the rules. Keep reading to learn more about how to gift a gun to someone in the Lone Star State.

Is Gifting a Gun in Texas Legal?

Yes, it is legal to give someone a gun as a gift in Texas. However, if you plan to purchase a gun as a gift, you must do so carefully to avoid violating federal law.

Title 18 of the U.S. Code, § 932, prohibits “straw purchasing,” which means knowingly purchasing a firearm on behalf of someone else. This law is meant to prevent firearms from falling into the hands of those with felony convictions, domestic abuse convictions, restraining orders, or other federally disqualifying characteristics.

Importantly, this law does not prohibit you from lawfully purchasing a firearm as a gift, but you will need to follow proper procedures if you choose to do so.

Can You Gift Someone a Gun? Do’s and Don’ts in Gifting a Gun in Texas

Here are some key do’s and don’ts to keep in mind if you’re planning to gift someone a gun in Texas:

• DO make sure the recipient is legally eligible to possess the gun. You could face criminal charges if you gift a gun to someone who cannot have it.
• DON’T mail the gun to the recipient. You can only mail guns to licensed retailers, not private citizens. Mailing a gun across state lines is a federal crime.
• DO ask the gun retailer for a gift certificate. You can simplify matters by sending the recipient a certificate so they can pick up their gift from a local shop.
• DON’T gift a gun to someone in another state by yourself. You must have a licensed firearms dealer conduct a background check before you can do so.

Texas Gun Purchase Background Check

Texas has no law requiring private sellers to conduct background checks to transfer firearms to other individuals. However, if you plan to give a gun to someone as a gift and they live in another state, the transfer is subject to the federal background check requirement. You will need to find a federally licensed firearms dealer to conduct a background check on the recipient before you can legally transfer the gun to them.

Firearm Charges in Texas

Under § 46.06 of the Texas Penal Code, it is a Class A misdemeanor to knowingly sell, rent, lease, loan, or give a firearm to a recipient who cannot lawfully possess it. Texas punishes Class A misdemeanors with up to $4,000 in fines and up to one year in jail.

Contact a Texas Criminal Defense Attorney Now

Are you facing firearm charges or curious about how to gift a gun to someone in Texas? Contact Broden & Mickelsen, LLP now for a free initial consultation session.

The post Gifting a Gun in Texas appeared first on Lawyers Corner Legal Blogs.

When you hear the terms manslaughter and criminally negligent homicide, it may be hard to distinguish between them. We Asked a Dallas homicide defense Lawyer Mick Mickelsen to help us understand.

Under Texas law, there are four types of criminal homicide: capital murder, murder, manslaughter, and criminally negligent homicide.

Both manslaughter and criminally negligent homicide involve the death of another person with no intent to kill on the part of the alleged offender. To most people with little exposure to the legal system, the two offenses may seem interchangeable.

Manslaughter, however, as a second-degree felony, carries much harsher penalties than criminally negligent homicide, which is a state jail felony. Those accused of criminal homicide in Texas are often left wondering which offense they will be charged with, and those charged often wonder why they have been charged with one and not the other.

In this article, we provide some clarity on the difference between manslaughter and criminally negligent homicide based on our combined decades of experience defending violent crimes in Texas courts.

Criminally Negligent Homicide vs Manslaughter in Texas

The most simplified differentiation between criminally negligent homicide and manslaughter under Texas law is whether the victim’s death was caused by criminal negligence or recklessness on the part of the alleged offender.

If the alleged offender of the crime acted with criminal negligence, the appropriate charge would be criminally negligent homicide. If the alleged offender acted with recklessness, the appropriate charge would be manslaughter.

What is the difference between criminal negligence and recklessness?

The difference between criminal negligence and recklessness can be difficult to understand. In this section, we explain the definition of each.

Criminal Negligence Defined

Criminal negligence occurs when an individual disregards a reasonable duty they have, and this poses an obvious risk to the lives and safety of others.

Recklessness Defined

Recklessness is more difficult to define. It appears all over the Texas Penal Code as well as in many federal and state laws across the nation. In essence, recklessness is deliberately acting in a way that is likely to cause harm to others without regard for the risk or danger

Criminal negligence vs. recklessness

Some legal experts consider the difference between criminal negligence and recklessness to be that recklessness involves a risk that you were actually aware of, whereas criminal negligence involves a risk that you should have been aware of.

While there are some exceptions, one way to conceptualize the difference is that criminal negligence involves the absence or lack of an action that should have been taken to protect others (i.e. failing to do something you should have done) whereas recklessness involves taking a course of action that causes harm (i.e. doing something that you should not have done).

Criminally Negligent Homicide vs Manslaughter Examples

The best way to illustrate the difference between criminally negligent homicide and manslaughter is through examples.

Example #1 — Irresponsible Use of Firearms

A case of criminally negligent homicide may involve a person failing to follow firearm safety precautions in a manner that results in their firearm going off unexpectedly in a crowded place and killing someone nearby. As the owner of a firearm, it was reasonably within their duty to ensure that they were operating their gun safely. Failing to do so is considered criminal negligence. When this criminal negligence results in a death, criminally negligent homicide has occurred.

Contrast that with this example of manslaughter: a person chooses to fire their gun in the middle of a crowded room, and one of the bullets ends up hitting someone and killing them. Because the offender in this example did not intended to hit or kill the victim, the crime is lacking intent to kill, meaning that they should not be charged with murder or capital murder. However, they did intend to shoot their gun in a crowded room. It is reasonable to assume that the holder of the gun was aware that shooting a gun in a crowded room meant there would be a great risk of hurting or killing someone. By ignoring this risk and choosing to fire their weapon anyway, they were being reckless and committed manslaughter.

Example #2 — Workplace Accident

In this example scenario, you are tasked with safely putting up a shelf in your workplace. You are sufficiently trained and experienced to complete this task successfully, and you know that heavy objects will be stored on the shelf. While putting up the shelf, you do not sufficiently check your work and leave an anchor loose. Later on, when a coworker goes to get something off of the shelf, it collapses on them, killing them. Because your negligence while doing your job caused the shelf to fall on top of them and kill them and it was within your duty to ensure that the shelf was safely put together and secured, this might be criminally negligent homicide.

On the other hand, say you drop a heavy object down a stairwell to avoid having to carry it all the way. There happens to be someone at the bottom and the object strikes them, leading to their death. Because it is reasonable to assume that you knew how potentially dangerous it was to drop the object, this would be manslaughter.

Penalties and Defense Strategies for Criminally Negligent Homicide in Texas

Criminally negligent homicide occurs when an individual allows another person to die due to their own negligent actions.

Criminally negligent homicide penalties

Under the Texas Penal Code, criminally negligent homicide is charged as a state jail felony. It is important to note that state jail felony charges mean that you are not eligible for parole during your sentence. State jail felonies come with the following sentencing guidelines:

• 180 to 2 years in state jail with no possibility of parole
• Up to $2000 in fines
• Possible probation following release

Texas criminally negligent homicide defense strategies

A strong defense for criminally negligent homicide will have to show the jury one or more of the following things:

• The defendant did not cause an unreasonable risk of harm.
• The defendant’s actions were not the actual cause of the victim’s death.
• The defendant did not have a reasonable duty in the case at hand.

Penalties and Defense Strategies for Manslaughter in Texas

Under the Texas Penal Code, manslaughter is defined as “recklessly [causing] the death of an individual.” Unlike many other states, Texas law does not differentiate between voluntary and involuntary manslaughter.

Texas manslaughter penalties

In Texas, manslaughter is considered a second degree felony. If a defendant is convicted, the punishment may include:

• 2 to 20 years in prison
• Up to $10,000 in fines
• Possible probation following release

How do attorneys defend manslaughter in Texas?

Some potential approaches to defending manslaughter in Texas include making one or more of the following arguments:

• The defendant did not commit the crime.
• The defendant’s actions should be considered negligence or criminal negligence, not recklessness.
• The defendant was not mentally fit to understand the consequences of their actions at the time of the crime.
• The defendant was acting in self-defense.

Dallas Violent Crimes Attorneys — Broden & Mickelsen, LLP

If you have been charged with a violent criminal offense in Texas, it is crucial to discuss your case with a criminal defense lawyer who has experience handling Texas violent crimes cases. Broden & Mickelsen, LLP provides aggressive and ethical representation to individuals and businesses accused of criminal offenses. The firm accomplishes this through its unique team approach to criminal defense, which involves both partners actively participating in the case.

To achieve a favorable resolution, Broden & Mickelsen, LLP evaluate each case individually and utilize all the resources available. The Texas Board of Legal Specialization has certified criminal defense attorneys Clint Broden and Mick Mickelsen as experts in criminal law for trials and appeals.

Call Broden & Mickelsen, LLP to discuss the details of your case today: (214) 720-9552.

In case of an emergency

(214) 563-3154 (Attorney Clint Broden Mobile)

(214) 563-3157 (Attorney Mick Mickelsen Mobile)

Broden & Mickelsen, LLP Attorneys at Law is located at 2600 State St Dallas, Texas 75204

All of our attorneys are Board-Certified Trial Lawyers who will fight for you just like they fight for their own son or daughter. Individuals who are accused of violent crimes, including those who are suspected of homicide, manslaughter and/or other crimes.. We have helped many clients from the Dallas communities, Dallas–Fort Worth Metroplex, Arlington, Plano, Garland, Irving, McKinney. Frisco, Denton, and nearby areas. We bring decades of combined experience to each State and Federal homicide, manslaughter and violent crime defense case.

The post What is the Difference Between Manslaughter and Criminally Negligent Homicide? Texas Defense Lawyer Mick Mickelsen Explains appeared first on Lawyers Corner Legal Blogs.

Changing a business name with the IRS can be done in one of two ways. Corporations and LLCs can check the name change box while filing their annual tax return with the Internal Revenue Service (IRS). You can notify the IRS through a name-change letter if the change needs to be quicker or if you’ve never filed an IRS return for the business.

Updating Your Business Name With The IRS

If you need to change your business name, doing so is a straightforward process. 

Before filing the name change with the IRS, legal business entities like corporations or LLCs, though not single member LLCs, also called sole proprietorships, because those are a pass through entity, must amend their business formation documents and file them with the state where the business is registered. 

Doing this will update the records of the secretary of state or other state agency responsible for regulating corporate affairs. However, once this is done your business name linked to your Employer Identification Number (EIN), which is issued on the Federal level, has not changed in the Internal Revenue Service’s (IRS) records.

To change your business name involves a few more steps, and should only be done once you have changed your business name with your state.

Business Name Change vs DBA

Before filing a name change with your state and the IRS and informing your bank, creditors, and others about the change, you should first make sure that you don’t just need a simple Doing Business As (DBA) filing.

Every registered company has both a legal name and a trade name. The legal name may be something like “Awesome Business LLC,” but that entity then owns a brand called “Red Shoes.” Awesome Business LLC may be confusing to customers, so by filing a DBA the company can sign receipts and invoices as “Awesome Business LLC dba Red Shoes.”

Here is how to decide whether you need a business name change or to simply file a DBA:

• If you are changing your whole business and your old name no longer applies, changing the business name is a clean option.
• If you’ve rebranded your product but the old business name still applies, filing a DBA may make the most sense.

Assuming you’ve decided that changing your business name is the right move, here are the steps to do so with the IRS.

Steps Involved in Changing Your Business Name With The IRS

• Find and research a new name, ensuring it will not infringe on any trademarks.
• Notify your Secretary of State regarding the name change.
• Get the name changed in your licenses and permits.
• Inform the IRS about the name change. In some cases, you may be required to obtain a new EIN.
• Update the new name in your business documents.
• Communicate the name change to your bankers, vendors, customers, and all other concerned parties.

Updating Your Business Name Change With the IRS

If you need to change your company’s name, you must make sure that the IRS, your state, and other concerned parties such as your bank know about it. Usually, changing your business name does not require you to obtain a new Employer Identification Number (EIN). However, you must update the name on your EIN documentation.

There is an easy way to update your business name in the IRS records. C-corporations, S-corporations, and multi-member LLCs that have filed at least one tax return can notify the IRS of the name change by simply checking the name change box while filing your tax return for the current year. You need not mention the old name in the return.

Note that this option is not available to single-member LLCs.

There are other times when you need to change your business name immediately after receiving your EIN. If you need to make a name change before filing a tax return with the IRS, you should send your request to the Cincinnati, Ohio, office of the IRS located at 550 Main St # 10, Cincinnati, OH 45202.

If you are sending a letter You should also submit a copy of the Certificate of Amendment filed with the state where the business was originally formed alongside the name-change letter to the IRS. When properly done, this will update your new name in the IRS records.

Once your new business name is updated with the IRS, you should inform everyone else about your company’s name change. 

You may want to prepare a list of your vendors, bankers, creditors, and other agencies that should be notified about the name change.

Contents of the Name Change Letter

The IRS website does not specify what you should include in the name-change letter, but the omission of essential details can result in the IRS rejecting to update its records. 

To be safe, you should include the following details in the letter:

• Your current EIN
• The old name of the business as mentioned in the IRS records
• Complete address of the business as it exists in the IRS records
• The new name of your business
• Date from which the name has been changed
• New address if applicable

The owner or an authorized officer of the business as per IRS records must sign the letter. It should be accompanied by a state document approving the name change of your business. The name-change letter should clearly state that your business name has changed. Also, don’t forget to request for a confirmation from the IRS regarding the updating of the new name in its record.

The IRS takes about six weeks on average to process a name change letter. If you fail to provide the necessary details in your letter, the IRS may request additional information, which may further delay the processing.

How To Change An EIN Number

Usually, when simply changing your business’s name, you will not be required to change the EIN as long as the ownership or business structure has not changed as well.

Other changes that often come with a business name change, such as change of ownership, bringing on partners, incorporation, you become a subsidiary of a bigger company, or changing the business classification at all such as from a Corporation to an LLC will require an EIN change.

A full list of times you need to change your EIN along with a business change can be found here on the IRS’s website.

If your business meets the requirements for changing the EIN, you must both apply for a new EIN and cancel the account for the existing one.

EINs are unique to the business for which they were issued, and a canceled number will never be reused for another business.

To apply for a new EIN, go here and follow the steps required.

To cancel an EIN, write to the IRS at “Internal Revenue Service, Cincinnati, Ohio 45999” and give the reason for why you want to close the account. Be sure to include the complete legal name of your business, the EIN, and the business address. 

LLC Name Change

A limited liability company (LLC) is a kind of business organization, which blends the flexibility and pass-through taxation benefits of a partnership with the liability protection of a corporation. LLCs are not recognized by the IRS for reasons of federal taxation. Instead, LLCs are categorized as corporations, partnerships, or sole proprietorships. If your LLC effected a name change, reporting the name change to the IRS only takes a statement on your LLC’s annual tax return.

Corporation Name Change

If your organization changed its name because it was converted from a corporation to a limited liability company, it needs a new EIN. To request a new EIN, send an application through the IRS’s online EIN assistant. As a corporation, you can file an annual Form 1120 by checking “Name Change” on page 1, line E.

Form 1120 is for the U.S. Corporation Income Tax Return, which requires companies to annually file their debts and income. When supplying the organization’s new name under section A of the form, including the old name of the company won’t be necessary because an officer of the company must sign the form.

S Corporation Name Change

An S corporation can file Form 1120S by checking “Name Change” on page 1, and adding its company’s new name under section A. Again, it won’t be necessary to include the company’s old name because an officer of the company must sign the form.

Partnership Name Change

A partnership can file Form 1065 by checking “Name Change” on page 1, line G. It also needs to add only the new name of the company as an officer of the company must sign the form.

Sole Proprietorship Name Change

A sole proprietorship can file by writing to notify the IRS of its company’s name change, and mail the document to the IRS address where it files its annual tax return. That’s because the IRS doesn’t have a formal notification form for sole proprietorships filing for a change of name. However, an officer of the company must sign the document of notification (the letter) before sending it to the IRS.

LLC’s Certificate of Amendment

Even if you’ve already filed a tax return for the present year, you can still file for your company’s change of name without waiting for next year. To change the name of your LLC, you need to file a certificate of amendment with the original home state or country of your company. When filing for a change of company name with the IRS, you have to send a copy of the certificate of amendment with a letter to the IRS address where you filed your annual return, to inform the IRS of the name change.

You Need to Inform Others

The moment you’ve changed your company’s name with the IRS, you’ll have to inform everyone else about your company’s name change as well. It’s not a bad idea to compile a list of all other agencies and organizations your company regularly transacts with. Some of them are as follows:

• Every state and local tax agency
• Suppliers
• Vendors
• Banks
• Companies

Need Help With An IRS Business Name Change?

If you need help with an IRS change of business name, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

The post IRS Change of Business Name appeared first on Lawyers Corner Legal Blogs.

What Is Michigan FMLA?

The FMLA in Michigan helps employees take time off for specific reasons. Any employee in Michigan has the right to take time off from work under the Family Medical Leave Act (FMLA). Employers across the country, including those in Michigan, must follow FMLA regulations that allow an eligible worker to take unpaid leave, with reinstatement rights, for specific reasons. Many states have state-specific laws that make employers allow time off for family and medical reasons; Michigan workers only have the rights set forth in the FMLA.

The law makes sure benefits continue and allows for enforcement when companies don’t comply. Companies have to keep employee health coverage under the group plan. When a worker returns to work, the employer must return him to his original job or a similar/equivalent job. Employers may not restrict, deny, or interfere with an employee exercising FMLA rights. Employers cannot discharge or discriminate against a worker involved in any procedures related to FMLA or for opposition to prohibited actions by FMLA. These laws apply to private and public employers, including all federal, state, county, and local agencies, including educational systems.

Who Is Covered Under FMLA in Michigan?

Michigan companies must adhere to FMLA if they employ at least 50 workers for 20 weeks during the last year or previous year. Michigan workers can take FMLA leave if they’ve worked for a company for a year. Michigan workers must have worked 1,250 hours over the last year. Michigan employees can also benefit from FMLA if the company they work for has 50 employees at multiple locations, as long as the locations are within a 75-mile radius.

Reasons for FMLA Leave in Michigan

Employees may take time off under FMLA for several reasons. A worker is eligible for FMLA is she is recuperating from a serious health issue. FMLA leave is also available for employees caring for loved ones facing illness, impairment, incapacity, or injury resulting from:

• Conditions needing inpatient care
• Pregnancy or prenatal care
• More than three days of continuous medical care
• Mental conditions
• Chronic health issue
• Terminal illness or injury
• An extensive operation with treatments or conditions requiring three days care

Workers may take time off under FMLA for a child’s birth, if a family member gets called to military duty and the employee must take care of urgent demands, or to care for a loved one who suffered injury during active military service.

How Much FMLA Leave Is Available in Michigan?

Michigan workers have up to 12 weeks FMLA in a 12-month time frame for health conditions, new babies, or other circumstances. These weeks renew every year as long as the worker meets eligibility requirements.

Workers can take up to 26 weeks in 12 months to care for an injured family member who was hurt during active military service. They may also have up to 26 weeks in a 12-month time frame to care for loved ones hurt during active military service as a per-injury, per-service member right. Employees cannot take another leave if the same loved one is hurt again, or another loved one gets hurt during active service.

What Are Your FMLA Leave and Reinstatement Rights in Michigan?

Workers have the right to keep health insurance while on FMLA leave at the same price they paid while working. Since FMLA leave is not paid leave, workers can use (or may be forced to use) any accumulated paid time off during FMLA leave. When the FMLA leave ends, workers have the right of reinstatement to their original position or one equal to it with a few exceptions.

Required Notice for FMLA Leave in Michigan

Any worker who believes she needs FMLA leave should alert her manager and human resources department immediately. Get a copy of the company’s FMLA policy, which will list what paperwork needs to be completed. In Michigan, FMLA imposes notice and paperwork restrictions on employees and businesses, so it’s imperative to file for leave as soon as possible.

Things to Remember Regarding FMLA in Michigan

Any Michigan employer may not, under state law, discipline, discharge, threaten or ask for extra work hours from any worker who is summoned or serves jury duty. Companies violating the law commit a crime and can be charged with contempt of court.

Michigan law also forbids companies to discharge, discipline, or threaten any worker who is subpoenaed and asked to appear in court as a victim of a crime or to act as a victim’s representative. Employers breaking this law may be jailed for up to 90 days, pay up to $500 in fines, and/or be charged with contempt of court.

Michigan doesn’t require companies to pay employees for missed work due to jury duty or court appearances. Private workers must be given leave for active military duty or military training.

Amendments to the Family and Medical Leave Act

Some changes instituted by the DOL were complicated and lengthy covering many areas of the FMLA. Areas changed or modified include:

• Notice
• Medical certification
• Eligibility
• Paid leave
• Intermittent leave

The main amendments to the FMLA included the Military Caregiver Leave and Qualified Exigency Leave.

Military Caregiver Leave

Companies should consult with a labor and employment lawyer to make sure that they comply and properly use the changes to FMLA rules.

Under this section of the FMLA, the 12-month time frame begins on the day that a worker starts leave to care for a covered military member. This start date begins at this mark regardless of how a company figures the 12-month time frame for other types of FMLA leave.

Workers may take more than one Military Caregiver Leave, for up to 26 weeks, in a single 12-month time frame for different military service persons or for the same service person with a different injury or sickness.

This caregiver leave is for workers caring for covered military personnel, not for caring for former service members or military veterans on the permanent disability retired list.

Qualified Exigency Leave

Qualified Exigency Leave covers employees for up to 12 weeks of FMLA leave when a spouse, parent, or child is called to active service. This type of FMLA leave restricts workers to 12 weeks in a 12-month time frame. Regular armed forces members called to active duty don’t qualify for this leave. Qualified Exigency Leave may be taken intermittently or on a reduced schedule.

The DOL lists eight reasons for qualified exigency leave, including:

• Short-notice deployment
• Military events
• Child care and school activities
• Financial and legal arrangements
• Counseling
• Rest and recuperation
• Post-deployment activities
• Additional activities

The last reason is a catch-all for all qualified exigencies that weren’t already specified. To start a Qualified Exigency Leave, companies can seek certification of the exigency.  This only applies when a worker asks for this kind of FMLA leave. Workers may be asked for copies of active duty orders as certification. Companies can have workers fill out a new form for this type of leave.

Posted Information Requirements

The DOL requires a posted notice be placed in highly visible areas, where workers and applicants will see it. Companies can post the notice digitally as long as all workers can link to and receive it. Information in the notice must also be put in the employee handbook or given to new hires. Companies can find the notice requirements on the DOL website.

Employer Notice of “Eligibility/Rights and Responsibilities”

When a worker asks for FMLA leave or an employer notices a leave may qualify as FMLA leave, the employer must tell the worker within five days if there aren’t any extenuating circumstances.

An eligibility notice must say whether the worker is allowed to take the FMLA leave or not. If the worker is ineligible, the company must give at least one reason why.

Companies must provide workers with written notice of rights and responsibilities under FMLA. They must use the newest form for eligibility notice and rights and responsibilities as outlined in form WH – 381. Employees must show proper medical or exigency certification for leave.

Employer “Designation” Notice

Employers must give workers notice that time off will be under FMLA leave within five business days. Form WH-382 helps employers when giving the designation notice. If a company fails to notify a worker that his time off is FMLA leave within five days, the company can designate the time off as FMLA retroactively if the failure to notify within five days doesn’t cause injury or harm to the worker.

Eligibility Determinations

New regulations clarified by the DOL concerning the 12-month time frame indicate that service must be consecutive for a worker to be eligible for FMLA leave. This resolves any dispute over breaks in service regarding a worker’s 12-month time frame.

Any employment period before a break in service of seven years or longer cannot be counted in an FMLA leave situation. Now, workers may convert to an FMLA leave after reaching their 12-month anniversaries.

Employee Notice

Employees must notify their companies and human resource departments as soon as possible when asking for a foreseeable FMLA leave, preferably before 30 days prior. When the need for foreseeable leave arises within 30 days of leave start date, workers must report leave the next day.

New rules change a worker’s duties regarding notice when he’s been approved for FMLA leave before and missed work under the same circumstances. He has to specify the reason for absence is relating to the former FMLA leave or need for FMLA leave. Companies should ask questions to make sure an absence is covered under FMLA.

Workers missing shifts have to give an entire explanation to spark FMLA coverage. Just calling in “sick” doesn’t give enough notice of a possible FMLA event.

Treatment of Holidays

If a worker misses an entire week on FMLA leave and a holiday falls in the week, the entire week is counted as FMLA leave. When a worker doesn’t miss a full week while on FMLA leave and a holiday falls in the week, the holiday isn’t considered part of the FMLA leave unless the worker was supposed to work on the holiday.

Intermittent Leave or Reduced Scheduled Leaves

Companies must figure leave increments using the shortest time frame their payroll systems use to figure absences if it was less than an hour. For FMLA leave, employers cannot use an increment greater than the smallest time frame used for other types of leave, unless it’s greater than an hour or that the worker’s FMLA entitlement isn’t reduced by more than the time actually taken.

Companies are allowed to track a worker’s leave in varying time frames or at different times of day and shifts. Workers should make an effort to schedule treatments to keep from unnecessarily interrupting the company’s business operations as often as possible.

Employers must use a 12-week average from the previous 12-month time period when calculating intermittent leave. Intermittent leave isn’t allowed for some kinds of employment.

Substitution of Paid Leave

A company’s paid leave policy determines whether a worker can take paid leave instead of FMLA leave. If a worker is out on disability or workers’ compensation, payments usually cover a portion of their regular salary. In this instance, an employee and employer can agree to cover the missing wages with paid leave.

Medical Certification

Requests for medical certification must be made within five days of the request for foreseeable leave. If an employer doesn’t ask for certification within five days, the company can ask for it later if there’s reasons to doubt the validity of the leave or its length.

Workers have 15 calendar days to turn in medical certification unless it’s not feasible given the situation. If a worker doesn’t turn in paperwork for foreseeable leave within 15 days without giving any reason, the employer may deny the FMLA leave until the proper paperwork is produced. Companies can deny leave when workers don’t produce certification within 15 days for unforeseeable leave until suitable paperwork is produced.

Two certification forms created by the DOL should be available for workers. They are

• Certification of Health Care Provider for Employee’s Serious Health Condition
• Certification of Health Care Provider for Family Member’s Serious Health Condition

Employers must inform workers in writing when these forms are insufficient and give workers time to complete the forms correctly before denying FMLA leave.

Companies are allowed to talk directly with health care professionals solely to verify and clarify a medical certification without asking the worker involved. Several company representatives are authorized to talk to health care personnel, but it cannot be the worker’s immediate supervisor. Employers can verify that the medical provider approved the certification and ask the provider to clarify information in the certification. If the condition lasts longer than one year, companies can ask for recertification each year.

Equivalent Position/Payment of Bonuses

There’s no listed difference between performance-based or occurrence-based bonuses. Employers can deny bonuses if a worker doesn’t meet specific goals like hours present, attendance, or sales because of time missed on leave. Employers must use caution denying bonuses ensuring it’s done in a non-discriminating way.

Fitness for Duty Certifications

Companies can ask for more information concerning a worker’s ability to come back to work with a fitness for duty certification. Employers may require that a health care professional sign off on a worker’s ability to complete specific job duties.

Workers on intermittent leave may have to complete fitness for duty exams every 30 days as long as their employer said so at the time of intermittent leave designation.

Waiver of FMLA Rights

Workers cannot waive or be persuaded by their employer to waive their prospective FMLA rights. They are allowed to waive FMLA rights concerning a settlement or claims release when previous employer conduct is the basis. Neither requires DOL approval or court order.

Remedies

When employers interfere with a worker’s rights under FMLA, including failing to provide the worker with an FMLA eligibility notice, remedies can be taken. Companies may be held liable for lost wages and benefits caused by the violation. Remedies can include reemployment, settlement, promotion, or anything else crafted to remedy the harm caused by the infraction.

For questions about FMLA leave in Michigan, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

The post FMLA Michigan: Everything You Need to Know appeared first on Lawyers Corner Legal Blogs.

Green Card Renewal Fee

A green card renewal fee refers to the amount of money that you will need to pay to replace an expired green card. A green card, or permanent resident card, serves as proof of an individual’s right to live and work in the United States.

How Much Does it Cost to Renew a Green Card?

When it comes to renewing or replacing a green card, you will need to pay costs associated with both preparation and filing to successfully receive a new one.

USCIS Fee

To replace or renew a green card, applicants need to file Form I-90 with the USCIS. The USCIS charges a fee to accept the Form I-90. The fee will be $540 if you are renewing your green card because it will expire or has already expired. The $540 fee includes a biometrics fee and an application fee.

Preparation Fee

You can prepare the Form I-90 by following one of three methods. If you feel confident about the process of renewing a green card, you can do it on your own. Otherwise, you can prepare Form I-90 through CitizenPath or with the help of an attorney.

Go to the USCIS website to download Form I-90. You will also find step-by-step instructions there. If you prepare Form I-90 on your own, you will not need to pay a fee. CitizenPath is affordable software that you can use to prepare Form I-90 if you need a little help. Finally, you can hire an attorney to help you prepare Form I-90. Most lawyers will charge $250 to $350 to prepare the form.

How to Renew a Green Card

A new green card is valid for one decade. The only exception to this rule is if you received a green card before the age of 14. You will need to renew your green card when you turn 14 years old. If your green card has expired, you will need to send Form I-90 as soon as possible.

Ideally, you should prepare and file this form six months before your green card expires. You can find the expiration date on the front of your card. If you file within six months of the expiration date, you will be less likely to experience a delay.

If your card expires while you are overseas and you did not file a renewal before you left the United States, you should contact the USCIS office, a U.S. consulate, or a U.S. port of entry as soon as possible.

When paying the $540 fee to renew your green card, you can use Visa, MasterCard, American Express, or Discover. You can also pay the fee with a money order or check. You should not send cash in the mail to pay the fee. You will receive a receipt from the USCIS once it receives the payment, the form, and the supporting documents. You will get the receipt in an email or letter.

If you are unable to afford the green card renewal fee, the USCIS may waive the $450 fee. To prove to the USCIS that you are unable to pay the fee, you will need to file Form I-912 and pass the “inability to pay” test. The USCIS will likely waive the fee if you receive public assistance.

When can Permanent Residents use Form I-90?

If you are a permanent resident, you can use the Form I-90 unless the following is true:

• Your green card was stolen, destroyed, mutilated, or partly destroyed.
• The USCIS sent the green card but you have not received it.

You can use Form I-90 if your green card has a mistake or if the personal data of the cardholder has changed. If the green card has expired already or will expire within six months, you can use Form I-90.

When do Conditional Permanent Residents use Form I-90?

You should use Form I-90 as a permanent resident if you lost the individual card or if the green card was lost in the mail. Conditional permanent residents with a destroyed or mutilated card can use Form I-90.

Renewal or Replacement Time

It takes about three to four months for the USCIS to process a green card replacement or renewal. Therefore, you should plan accordingly if your green card is about to expire.

If you need help with a green card renewal, you should turn to the lawyers on UpCounsel’s marketplace to find an attorney who will be able to meet your legal needs. UpCounsel only allows the top five percent of all lawyers who have graduated from Harvard Law, Yale Law, and other elite law schools. The lawyers on UpCounsel’s marketplaces have decades of legal experience.

The post Green Card Renewal Fee: Everything You Need to Know appeared first on Lawyers Corner Legal Blogs.

What Is a U.S. Visa Status?

A U.S. visa status refers to the state of an application made for an immigrant or nonimmigrant visa that you can check using the database of the Consular Electronic Application Center (CEAC) Status Check. Alternatively, you can call the National Visa Center at 603-334-0700 to get updates on your visa application status.

To use the Status Check, you need to enter your CEAC barcode and the interview location for nonimmigrant (NIV) cases and the case number for immigrant visa (IV) cases.

A nonimmigrant visa gets issued for people seeking a temporary stay in the United States, such as for business, work, or educational study purposes. Immigrant visas, however, apply to those who seek to live in the United States permanently. The U.S. Office of Consular Affairs website offers more details about immigrant and nonimmigrant visa cases. Additionally, visitor visas (allowing people to visit the United States for leisure and travel, conference attendance, estate settlements, contract negotiations, seeing friends or family for medical treatment, etc.) can be obtained.

Why Is a U.S. Visa Status Important?

When entering the United States as an immigrant or nonimmigrant, you need to submit an application to obtain a visa, a document granting permission to apply to enter the United States. Note that a visa is not a permission to enter the country. A visa merely confirms that a U.S. consular officer has reviewed your visa application at a U.S. embassy or consulate and has determined that you are eligible to travel to a port of entry (such as an international airport, seaport, or land border crossing) for a specific purpose, such as business meeting, educational study, and travel.

Applicants need to check their U.S. visa status so that they can be aware of the state of their visa application. After you file your visa application with USCIS (U.S. Citizenship and Immigration Services), you will receive Form I-797, Notice of Action, that confirms receipt of your visa petition and gives you a case number. You use the case number, a unique 13-digit barcode, to check your U.S. visa status online. You can check application status for visa extensions, visa petitions, and visa transfers through the online CEAC Status Check.

Checking your visa application status will return one of the following statuses:

U.S. Visa Status for NIV Applicants

• No status

If you submitted your online application for a nonimmigrant visa application (DS-160), this status indicates the visa system has not processed your application. Depending on location, your application may remain in this status until your appear for an interview or until your application is ready for review.

• Ready

Your visa status case is open and ready for an interview, fingerprints, and required documents. If you completed your interview (or if you weren’t required to give an interview), you can check back in two business days for your application status.

• Administrative Processing

This status indicates that your visa case is undergoing administrative processing, which can take several weeks. You’ll need to follow any instructions given to you by the Consular Officer at the time of your interview. You may be asked for additional information or, if your visa application is approved, your application will be processed and mailed or given to you within two business days.

• Issued

Your visa is in the final stage of processing. If you have not received your visa within 10 working days from the time this status shows online, you will need to contact the consulate or embassy where you submitted your application.

• Refused

Your visa application case got refused for a reason other than those listed in Administrative Processing.

U.S. Visa Status for IV Applicants

• Ready

Your case is ready for your interview when scheduled at a U.S. Consular location. Once you have scheduled an appointment for the interview, you need to prepare any documents outlined in your appointment letter and appear at the consulate on the date and time instructed. Otherwise, you’ll need to wait until you receive notice of your interview appointment. You can find out more information about how IV interview appointments are scheduled on the U.S. Department of State’s Bureau of Consular Affairs website.

• Administrative Processing

Your visa application case is undergoing administrative processing, which can take several weeks. Follow any instructions that a Consular Officer gives you at the time of your interview. Once your visa application gets approved, it will be processed and mailed to you within two business days. Note that some immigrant visas may not be able to be issued if the annual limit for that category was reached.

• Issued

Your visa is printed. Depending on the requirements at the location where you got interviewed, your visa will be mailed or will be available at the location for you to pick up.

• Expired

You receive this notification when your registration for a visa application is canceled. Any petition received on your behalf is also canceled. This status also indicates that, after one year, your application might be reinstated if you could establish that your failure to get your immigrant visa application was a result of circumstances beyond your control. If you want to get an immigrant visa, a petitioner needs to contact the U.S. Department of Homeland Security (DHS) USCIS for filing of a new immigrant visa petition.

• Expiring Soon

If you don’t apply for your immigrant visa within one year of receiving a request to do so, your visa application registration and any petition approved on your behalf will get canceled. You can reinstate your application and validate your petition within one year as long as you prove that the failure to get an immigrant visa application was due to circumstances beyond your control.

• Return to NVC

Your visa application case was returned to the National Visa Center (NVC). You’ll need to contact the U.S. Department of State Bureau of Consular Affairs for additional information.

• Transfer in Progress

Your immigrant visa case has been transferred to another U.S. Consular office.

• Refused

Your immigrant visa case is closed. Refer to the letter you received at your interview for more details.

Frequently Asked Questions

• How long is my visa valid?

The visa is valid until the expiration date stated on the visa stamp.The Duration of Stay Form (I-94) states the duration of stay granted by the U.S. Department of Homeland Security. Note that the allowed duration of stay on the I-94 form may differ from the visa’s expiration date.

• What type of information do I need to check the status of my visa?

You will need the 13-digit barcode of your application. For nonimmigrant visas, you will also be required to enter your interview location, and for immigrant applications, the case number.

• When can I collect my passport after submitting an application for a visa at an embassy or consulate?

You will usually get a notification via mail or email when your passport is ready to collect.

• Can I change my visa status?

You can either apply for a change in your visa status (for example, changing from immigrant or nonimmigrant) at a U.S. consulate or embassy in your home country, or you can submit a status change application online. If you are a nonimmigrant visa holder and would like to change your status, you need to complete an I-129 petition and submit it along with your I-94 document (arrival record) at least 60 days before your I-94 form’s expiry date.

• How much does it cost to check the status of my visa?

Checking your application by phone or the CEAC database is free.

• Where can I find some free application forms?

You can download a free DS-160 form for nonimmigrant applications from the Consular Electronic Application Center’s website. You will need your 13-digit receipt number as a reference, which can be found on your I-797 form.

• How do I know if I am eligible to change my status for a visa once I am in the United States?

You can apply to change your status if:

1. You were legally admitted into the United States;
2. You did not commit any act that would make you ineligible for an immigration benefit;
3. You have no issue against you that would require the USCIS to force you to depart from the United States before re-entering pursuant to a different classification;
4. You submit an application for change of status before the expiration date on Form I-94, Arrival-Departure Record. You must make sure that your passport remains valid for the entire requested time of stay in the nonimmigrant classification in the United States.

• How do I know if I’m not eligible to change my status once I am in the United States?

If you received admission to the United States under the following nonimmigrant categories, you won’t be able to charge your nonimmigrant status:

1. C (Aliens in Transit)
2. D (Crewmen)
3. K1 (Fiancee) or K2 (Dependent of Finacee)
4. S (Witness or Informant)
5. TWOV (Transit Without Visa)
6. WT or W8 (under the U.S. Visa Waiver Program, you’ll have been issued a green Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record
7. J1 (Exchange Visitor who must adhere to the two-year foreign residence requirement)
8. M1 (Vocational Student changing to F1 or H, provided that the M training helped the individual qualify for the H classification)
9. Q2 (Irish Peace Process Cultural and Training Program Participant, which is subject to a two-year foreign residency requirement)

If you belong to any one of these above categories, you must leave the United States on or before the date that your Form I-94 expires.

• How do I change my nonimmigrant status?

The steps to take depend on which status you want to change. Each of the categories below has specific limits and requirements, which include length of stay in the United States. If your prospective employer files an I-129 petition to change your status, and your husband or wife or unmarried children under age 21 also want to change their status to remain as your dependent children, they’ll need to file an I-539 application to extend and change their nonimmigrant status. All children can be included on the same I-539, and it’s best to file both I-129 and I-539 forms together. Since these forms require separate applications, you’ll need to follow the instructions and file all the supporting documents with each application, even if you file forms together.

1. Employment-based Categories : If you want to change your status to one of the following employment-based nonimmigrant categories, your prospective employer needs to file an I-129 petition for nonimmigrant worker for you before Form I-94 expires. The I-129 petition both makes clear that you will perform the type of work covered by the new nonimmigrant classification for the petitioner and that you personally meet the requirements for changing your status. Until the USCIS approves the status change, you can’t begin work in the new classification.The categories are: E1 (Treaty Trader) or E2 (Treaty Investor); H-1B, H-2A, H-2B, or H-3 (Temporary Workers); L-1A or L-1B (Intracompany Transferee); O1 or O2 (Aliens with Extraordinary Ability); P1, P2, or P3 (Athletes and Entertainers); Q1 (International Cultural Exchange); R1 (Religious Workers); TN (NAFTA Canadians and Mexicans)
2. Other Categories: If you want to change your status to one of the following nonimmigrant categories, you need to file Form I-539: A (Diplmoatic and Other Government Officials, Immediate Family Members, and Employees), B1 and B2 (Visitors for Business of Pleasure), E (Treaty Traders and Investor Dependents), F (Academic Students and Dependents), G (Foreign Government Officials and Certain Immediate Family Members), H4 (Temporary Worker Dependents), K3 Spouse of U.S. Citizen and K4 Minor Child Accompanying or Following to Join), L2 (Intracompany Trasferee Dependents), M (Vocational and Language Students and Dependents), N (Parents and Children of Certain People Who Have Been Granted Special Immigrant Status), NATO (NATO Representatives, Officials, Employees, and Immediate Family Members), O3 (Aliens With Extraordinary Ability Dependents), P4 (Athletes and Entertainer Dependents), R2 (Religious Worker Dependents), and TD (TN Dependents).

• How much is the fee to file Form I-539?

The fee to file Form I-539 is $290 (as of 2015), but the USCIS requires additional fees for some applicants (generally in cases where you need to submit additional forms). Also, some applicants don’t have to pay a fee, and some can request fees to be waived. If you hire an immigration attorney to handle your application, you can expect to pay $500 and up for what’s called a fixed-fee service.

• What else should I know about Form I-539?

You need to use the most up-to-date version of Form I-539. If you use the incorrect version, the USCIS will reject your application, which can affect your status and ability to stay in the United States. Since fee amounts and form versions change from time to time, you’ll need to visit the USCIS website, uscis.gov, to confirm fees and forms.

While most applicants will use Form I-539, you’ll still need to confirm the exact filing fee depending on your situation and confirm whether you’ll need to use different or additional USCIS forms. People who request diplomatic visas (such as A-1, A2, G-1 through G-4, and NATO) don’t need to pay the $290 fee, but they need to include Form I-566 (Interagency Record of Request — A, G or NATO Dependent Employment Authorization or Change and Adjustment to and from A, G, or NATO Status) with their application.

People who apply for V visas must pay the biometric fee ($85 as of 2015) plus the basic I-539 fee. Supplement A to Form I-539 also includes additional instructions about the V visa application.

• How do I pay any fees?

When paying fees, you need to list the fee correctly on your check or money order. If those amounts are not completely correct, your application will be rejected, impacting your ability to stay in the United States. When you file multiple applications, you can include all fees in one check payment, but it’s best to use separate check payments. If one more applications get rejected, all will get rejected if the fees are included in one check. USCIS won’t accept overpayments or partial refunds.

You need to pay the fees using a check or money order you get from a bank or other financial institution in the United States. It must be paid in U.S. currency. Make the check payable to U.S. Department of Homeland Security (do not abbreviate).

The USCIS will allow you to file Form I-539 online for some visa classifications. When you e-file this form, you can pay using a credit card, debit card, or electronic transfer of funds from a U.S. bank checking or savings account.

• When can application fees be waived?

When you apply for certain benefits, the USCIS will allow applicants to request a fee waiver. Anyone who must pay the biometric fee ($85 as of 2015) can ask for a waiver, and dependents of the E-2 CNMI Investor Visa are also eligible to request a waiver of the Form I-539 filing fee.

• What about attorney’s fees?

If you have a simple case, understand visa law, and can easily qualify to extend or change your visa status, you may not need a lawyer’s assistance. But if you don’t know any part of the rules, have special circumstances, or need to make sure you correctly execute your application, you should request a lawyer’s assistance. Due to the complex nature of USCIS applications, an attorney can help you avoid unexpected problems.

If you hire an attorney to help you, fees will likely be flat fees, rather than hourly. Expect costs between $500 and $1,500 for your extension or change of status request. The lawyer’s fees will be separate from the Form I-539 filing fees, which you’ll be responsible for paying. Your attorney will ask you to bring the check or money order payment with you to submit with the application.

Steps to Check Visa Status

• Go to the CEAC website.
• Enter your 13-digit barcode from the application.
• Enter either the interview location (nonimmigrant visa) or case number (immigrant visa).
• Confirm the status (see section above for explanations of the status for IV and NIV types).

Common Mistakes

• Submitting a change request on an expired visa is likely to be rejected. You need to apply for extensions and amendments of visa type before the visa’s expiration date. If you have questions, you should consult an immigration services attorney.
• You are not allowed to enter the United States without having the visa application approved. Therefore, do not make travel plans until you get an estimated time of approval from the CEAC.
• Not getting the latest version of Form I-539 (Application to Extend and Change Nonimmigrant Status) and paying the correct visa application fee will result in the automatic decline of all visa extension or change applications. You can download the updated form from the USCIS website.
• Submitting the incorrect type of visa application can cost money and cause unnecessary delays.

Other Important Concerns

If you stay in the United States past the date permitted on your Form I-94, you risk being deported, or removed, from the United States at any time. While some people choose to extend their stay, this decision could impact their chances to adjust their visa status.

• Am I eligible for a U.S. Green Card?

If you are eligible for a U.S. Green Card (for example, you’re closely related to a U.S. citizen or permanent resident or you have an employer petitioning for you), you are at an advantage. However, not everyone who is eligible for a Green Card is not eligible to adjust their status. Many, but not all, people will need to return to their home country as part of the Green Card application process, a process that includes an interview with a U.S. government official.

If you stay in the United States unlawfully for more than six months, or 180 days, when you get to your visa interview overseas, officials will penalize you for your overstay by refusing to allow you back into the United States for three years. If you overstayed for a year or more, the penalty will be 10 years. You may be apply to apply for a “waiver,” a legal forgiveness, based on hardship to your U.S. citizen or permanent resident relatives, but these types of waivers are difficult to get.

People who adjust their status (they process their entire Green Card application without leaving the United States) don’t face these issues.

• Can anyone adjust status after a visa overstay or a visa expiration?

A few people can, including those who entered the United States after inspection by a border or other immigration official and are applying as immediate relatives of a U.S. citizen or had a visa petition or labor certification filed for them under a former law called 245(i). Without experienced legal help, you shouldn’t try to guess your own eligibility status.

If you overstay your visa, then leave the United States, your past record can be examined if you apply for future visas, and you may be denied a visa based on your history. If you think you’re eligible for a Green Card, but you’re getting close to the expiration date on your permitted visa stay or have overstayed, you’ll need to ask for help from an attorney. An attorney can also tell you whether you qualify for a waive that allows you to received a Green Card through processing overseas, or “consular processing.”

• Can I renew my visa status?

If your visa status will likely expire before you can apply for your status readjustment, you should contact an attorney immediately, before the visa overstay takes place. In some cases, you may not be able to legally stay in the United States.

• What happens if I already applied to adjust my visa status?

If you already submitted Form I-485 and supporting forms and documents to the USCIS, and you’ve received acknowledgment that your forms have been received an accepted for processing, you don’t need to worry about renewing your visa. Your status in the United States is legal while you wait for the interview. At that interview, you will receive notification about your status adjustment request.

If you need help checking your visa application or if you have questions about your U.S. visa status, you can post your legal need or concern on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

The post U.S. Visa Status: Everything You Need to Know appeared first on Lawyers Corner Legal Blogs.

What is the difference between LLC and Inc? LLC and Inc. are both business entities formed by the state. An LLC is a limited liability company, and an Inc. is a corporation. They both file organizational papers with the state, and their owners receive liability protection. These entities also differ in key areas:

• They vary in tax treatment.
• One has a more formal organizational structure than the other.
• Their ownership distribution rules differ.

What Is a Corporation

A corporation is a business transformed into its own entity, separate from its owner. Sole proprietorships and partnerships are extensions of their owners, whereas structures like a corporation can conduct transactions on its own. Corporations, like LLCs, are business entities that exist outside their owners. Corporate owners are called shareholders.

Corporation Characteristics

Corporate owners are called shareholders. There are two types of corporations: A C corporation (C corp) and an S corporation (S corp). A C corporation is also known as a standard corporation. C corporations are subject to double taxation. A corporation can avoid double taxation through an S status election. However, there are other restrictions when a corporation elects an S status.

What Is a Limited Liability Company

A limited liability company (LLC) gives its members flexibility and protection. An LLC provides its owners, called members, limited liability protection while eliminating the double taxation burdens of a corporation. The LLC entity passes through the business structure to the members.

Limited Liabilities Company Benefits

An LLC has four significant benefits:

1. Members receive liability protection through an LLC.
2. Members are not subject to double taxation.
3. Members have flexibility in management.

The LLC’s limited liability feature protects members’ assets should the business face a lawsuit. If the LLC is sued, the members’ assets are protected from seizure to pay off the LLC’s debt. Sole proprietorships and partnerships do not protect their owners from personal liability in a suit.

Furthermore, LLCs benefit from pass-through taxation. Profit and losses pass through the LLC to its members. The members will include the gains and losses on their tax returns.

Lastly, an LLC management structure is flexible. LLC members can decide whether they will manage the business or appointment a manager. If the LLC is member-managed, then all the members take part in running the day-to-day business operation. With a manager-managed LLC, not all members participate in managing the business operations.

LLC and Inc. Similarities

LLCs and corporations have several things in common:

• They both must operate in the state they were formed.
• They are both governed by the state they were formed in.
• They both offer liability protection to their owners (corporate shareholders and LLC members).

LLC vs. Corporation Other Key Differences

There are differences between an LLC and a corporation regarding formation, ownership, and taxation:

• Formation. One or more owners (called members) form an LLC. They file articles of corporation with the state. The articles of corporation document forms the LLC. Although the operating agreement is not required, it is highly recommended to create one. The operating agreement outlines the management, the ownership, the role that the members play, and other essential business functions. On the other hand, a corporate formation is more structured. Along with filing organizational papers with the state, a corporation must designate shareholders, create a board of directors to oversee business management, and have at least one formal meeting each year.
• Ownership. Each member in an LLC owns a certain percentage of the business known as “membership interest.” An LLC can distribute membership however it wants; however, it is hard to transfer member interest. Corporate entities issue shares to their shareholders. Shareholders can easily transfer their shares.
• Taxation. LLCs have a different tax treatment than a corporation. Single member LLCs are taxed like a sole proprietorship while multi-member LLCs get the same taxation treatment as a partnership. On the other hand, a shareholder is subject to double taxation — on an individual level (payroll tax) and corporate level (dividend distribution).

LLCs and corporations are structures that exist for distinct reasons. Knowing your needs (for instance, whether you need outside investors or a flexible management structure) will help you form the structure that fits your business requirements.

If you need help with selecting between an LLC or an Inc. business structure, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

The post What Is the Difference Between LLC and Inc?: Everything to Know appeared first on Lawyers Corner Legal Blogs.