ClickCease

Clear Counsel Law Group’s plans for Covid-19

Dear Clients and Friends of Clear Counsel Law Group,

We write to provide an update on Clear Counsel Law Group’s plans to continue operations in light of Governor Sisalak’s announcement last night that all non-essential businesses should close for 30 days. Please be assured that we will continue operating the firm and that our attorneys and staff remain available by telephone and email and will continue to work on your case as normal. However, we have made some adjustments to our office environment to be part of the solution.

 

Our staff and attorneys will be working remotely during the next 30 days.

Since the beginning of Clear Counsel Law Group, we have had a commitment to technology that will allow our attorneys and staff to seamlessly transition to remote working situations. Our client files are securely stored online and accessible to our attorneys and staff anywhere they go. Of course, there will be some adjustments as we make this temporary adjustment, but we are confident that we will be able to continue to provide services to you without any significant interruption.

 

We have implemented a closed-door office policy.

This means that we will not accept any walk-ins or in-person meetings at this time. If you currently have an appointment for an in-person meeting, you will be contacted by the staff member or attorney on your matter to reschedule. We have the ability to conduct videoconferences as needed, and, of course, phone calls are always welcome and will be the preferred method of meeting with you at this time.

 

Deliver documents to us via email or fax. Our fax number is (702) 924-0709.

If you are unable to email or fax the documents, you may drop off the documents in a drop box that will be at our front desk. Please ensure that the documents you drop are enclosed in a sealed envelope with the name of the attorney or staff member to whom the documents should be directed.

 

Please continue to call or email as normal.

Our phones will still be ringing and will be answered as normal and we will still be checking and responding to our emails as normal. Email is the preferred method of communication at this time, though phone calls are welcome as well.

 

We continue to closely monitor developments with the courts.

The District Court in Las Vegas has already announced significant changes to its operations and to court hearings. We presume that additional temporary changes will continue to be made. We will do all that we can within the limits allowed by the courts to continue to pursue your matter in court. If any changes affect your matter specifically, we will contact you to let you know.

 

We are grateful that you have trusted us with your legal matter. We will continue to give your matter the high quality of service that we expect from ourselves. If you have any questions or concerns about how your matter will be affected, please do not hesitate to contact your attorney or staff member here and we will gladly talk with you about your matter.

 

Jonathan Barlow

Managing Partner

Accessibility Statement for Clear Counsel Law Group Website

Updated: December 2019.

General

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Accessibility on www.clearcounsel.com

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Disclaimer

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Despite our efforts to make all pages and content on www.clearcounsel.com fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

Here For You

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Contact Us

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Email: info@clearcounsel.com

wrongful death in nevada

Wrongful Death Lawsuits in Las Vegas, Nevada

The impact of having a loved one die before their time is devastating. The knowledge that their death occurred because of someone’s negligence makes it even more difficult to deal with the unexpected tragedy. States differ in how residents can make a wrongful death claim and what dictates when someone else was negligently responsible. In Nevada, anyone who feels that they have a valid claim should contact a personal injury attorney to learn their options for getting compensation.

The Free Dictionary defines wrongful death as the taking of a life due to another person’s willful or negligent act by one or more persons. When a person’s death occurs under these circumstances, the beneficiaries who relied on the victim’s income to support them can file a claim to get compensation. The limits of compensation and the determination of who is allowed to file a claim are determined by the state.

When someone is charged with the crime of murder and found innocent, it does not mean that they cannot be found guilty of wrongful death. As mentioned in an article in the LA Times, there are numerous celebrity cases where the individual has been found innocent of criminal charges only to be found liable for a person’s death in a civil case. One of the most familiar stories is that of O.J. Simpson in connection with the murder of Nicole Brown Simpson and Ronald Lyle Goldman.

The Goal of Most Wrongful Death Lawsuits

Although many families would prefer to get just for their loved ones through criminal charges when the situation calls for it, the goal of most wrongful death lawsuits is to get compensation that is fair and just. The claim must be filed in court by a person who is allowed by the state of Nevada to legally represent the victim. Different circumstances can result in a person’s death. Those that are most common are:

  • Car Accidents
  • Premises Liability (often called “slip and fall” or “trip and fall”)
  • Medical Malpractice
  • Negligence of Any Kind

Once the representative of the victim wins the lawsuit, the offender is required to pay compensation if they are found guilty. The three types of compensation that they can receive are economic compensation, non-economic compensation and punitive damage. Economic compensation refers to the money acquired for medical expenses that the victim incurred prior to their death. They can also go towards the burial and funeral costs, lost wages, and property damage.

Non-economic compensation is for the psychological impact of the death on the family. These include pain and suffering, depression and grief, and loss of companionship. Although most people understand that financial compensation will not reduce the emotional impact of the loss, economic compensation will help reduce the financial burden the death has had on the family. Punitive damages can also be used to punish the person for causing the injury.

A good personal injury lawyer in Las Vegas, NV can help you determine whether you have a valid wrongful death case and how you will need to go about pursuing it.

contesting a will

How to Contest a Will in Nevada

In the state of Nevada, a Last Will and Testament is presumed valid – even if it was written by the deceased person themselves on the back of a napkin just days before their passing. In fact, a valid holographic will only requires 3 things to be valid: that it be hand written, hand dated, and signed.

This, of course, leads to potential problems. What if the deceased didn’t have the mental capacity to make a will? What if he or she was coerced or influenced by somebody to the point that the will doesn’t actually represent their true desires?  That’s when the will must be contested.

woman writing a will

The challenge of contesting a will in Nevada

Proving any of those things will be a fight.

Contesting a will in Nevada is basically just another form of litigation. The contestant is in the role of the plaintiff, and the petitioner for the probate of the will is filling the role of the defendant. The regular rules of civil litigation also apply to will contests. Each party can gather information about the other side’s claims in the “discovery” process using the usual litigation tools of “interrogatories” and through depositions. There is going to be an evidentiary hearing, which is a lot like a trial.

The contestant has to make their case very well. As described above, the judge is going to have the default view that whatever will exists is valid. Therefore to prove the will is invalid, your case must prove one of the following:

  1. the will was not properly signed and witnessed,
  2. the testator lacked mental capacity, or
  3. there was coercion or undue influence by somebody and therefore the will is not representative of the testator’s true desire.

 

The process of contesting a will in Nevada

First, you must have “standing” to contest a will, meaning you have the legal right to bring your challenge to the court. Nevada has strong rules about who qualifies as an “interested person” in these cases and is therefore qualified as to their standing. Basically you have to have some kind of claim to the estate.

Once a will is contested, the probate court will probably appoint somebody to act as “Special Administrator” to administer the estate until the contest reaches resolution. The special administrator is not to distribute the estate until after the case resolves. The special administrator must be a Nevada resident, or a bank, or a trust company (or be associated with one of those as co-Administrator).

The litigation will proceed along established rules for Nevada. It is important to have an experienced Nevada probate law firm help you. Litigation is complex, and probate only makes it more complicated. A will being “unfair” is not good enough to get it thrown out. You will need a team to build your case and present your evidence in a way that the probate court will accept.

If you need to contest a will in Nevada, please call us today.

Power of Attorney For Mother

How Can I Get Power of Attorney For My Mother?

The question, “how can I get power of attorney” for a person is among the most frequent inquiries our estate planning department receives. Most people have a general idea of what a power of attorney is, however, relatively few understand how it is granted and when it can be granted. This article will discuss the two main types of power of attorney and what they cover, how someone can grant power of attorney to another person, and the importance of capacity during execution of the power of attorney.

What is Power of Attorney and What Authority Can it Grant?

Nevada law defines “Power of Attorney” as “a writing or other record that grants authority to acting the place of the principal.”[1] The principal is the “individual who grants authority to an agent in a power of attorney.”[2]

Nevada deals mainly with two types of power of attorney: Power of Attorney for Financial Matters and the Durable Power of Attorney for Health Care Decisions. Each power of attorney is important in its own sphere and a principal should ideally execute both.

The financial power of attorney allows the principal to appoint an agent to whom she can grant authority over several items including real property, personal property, bank accounts, and the personal maintenance of the principal. The principal can also elect whether to make the power of attorney effective immediately or upon the determination of doctor that the principal no longer has capacity.

The health care power of attorney allows the principal to appoint an agent she authorizes to make health care decisions on her behalf if she is otherwise unable to make those decisions herself. This power of attorney also allows the principal to declare her desires in regard to whether she wants life prolonging treatments commenced or continued.

Execution of Power of Attorney

Nevada law requires certain procedures to validly execute a power of attorney. The financial power of attorney and power of attorney for health care decisions both have their own set of requires for the actual execution of the power of attorney.

The financial power of attorney must be sign by the principal, or in the principal’s conscious presence by a person directed by the principal to sign the principal’s name. The signature is presumed to be valid if notarized.[3]

The health care power of attorney must be signed by the principal and the signature must either be notarized or witnessed by two adults who know the principal personally.[4] The witnesses also cannot be a health care provider or the appointed agent and the at least one witness must be a person who is not related to principal and has no interest in the principal’s estate.[5]

The Importance of Capacity

Besides proper execution, the statutes governing power of attorney also provide extra requirements for validity in certain situations to ensure that the principal is competent to execute the power of attorney. One of the most important aspects of establishing a power of attorney is that this is not an authority or position that a potential agent can actively seek out and obtain on their own; you cannot go and “get” power of attorney. Rather, this authority is granted to the agent by the principal of their own volition. A person lacking capacity cannot make this appointment.

Nevada law is careful to only allow competent persons with capacity to execute powers of attorney. The law is so concerned with a principal’s competency that it requires proof of competency in certain cases. The statutes for both the financial power of attorney and the health care power of attorney provide that, “if the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care,” when the power of attorney is executed, the power of attorney must be accompanied by a certificate of competency from a physician, psychologist, or psychiatrist declaring that the principal has the requisite capacity to execute the power of attorney.[6]

The Importance of Power of Attorney

A valid power of attorney is a vital part of any person’s estate planning. Unlike other parts of an estate plan which contemplate what happens after a person dies, powers of attorney take into account a person’s needs during their lifetime. In many cases, a valid power of attorney can prevent the need for a court-appointed guardianship. The cost of having the power of attorney correctly executed is well worth any person’s time and can certainly simplify matters when caring for a loved one in need of assistance.

[1] NRS 162A.090.

[2] NRS 162A.110.

[3] NRS 162A.220(1).

[4] NRS 162A.790(2).

[5] NRS 162A.790(3)-(4).

[6] NRS 162A.220(2); NRS 162A.790(5).

common motorcycle injuries

Common Motorcycle Injuries

Anybody who rides knows that careless drivers can cause a crash in an instant. But what are the most common motorcycle injuries? Is a motorcycle crash always going to cause severe injuries, or is there hope for a less intense “ride?” Here are the most common types of motorcycle injuries.

Head Injuries

common biker injuriesThe sad truth is that head injuries are the most common motorcycle injury. This is because so many riders choose to go without a helmet. There is some good news, however, which is that the National Highway Safety Center for Statistics estimates that thousands of riders’ lives were saved thanks to wearing a helmet. Like most states, Nevada has a motorcycle helmet law which requires helmets to be worn not just by riders, but by all passengers on a motorcycle.

As a side-note: if you were in a motorcycle crash and didn’t have a helmet, it doesn’t automatically mean you’re responsible for any head injuries. Don’t trust anybody who says otherwise. Talk to one of our motorcycle injury lawyers for REAL legal advice on this important subject.

Road Rash

Spend any time with riders, either in person or online, and you’ll quickly hear about road rash. Everybody knows that head injuries are serious and could affect you for your entire life. However, most non-motorcycle riders don’t know that the same is true with road rash. It’s far more than just a little scrape.

Road rash can be severe enough to cause infection, nerve damage, and permanent scars across wide areas of the body. In extreme cases, sliding across the road during an accident can literally peel the skin off of an entire limb – a horrifying trauma called “degloving.”

Muscle Damage

Muscle damage ranks high on the list not only because of damage your soft tissues may incur during an accident, but because repetitive use of certain muscles can cause injury for those who ride frequently.

But during a motorcycle crash, your muscles are exposed to damage and injury. It can happen during the impact, if you fall a certain way, if you get pinned under something, or in any one of a thousand other ways.

In some cases, muscle damage can be treated by specialized doctors. Full use of the damaged tissues can be restored given enough time and treatment. However in many cases the damage can cause lifetime problems.

Biker’s Arm

Biker’s arm is the term used to describe what happens to the arm when it’s used to break a fall. You probably know what we’re talking about: You feel yourself falling or tipping over, and you very naturally want to break your fall by putting up your arms to protect your head.

During a motorcycle crash, motorcyclists will have that same instinct, even if there’s no way that your hands could possibly protect you. It’s just human instinct – built into us. So what happens? The rider finds himself flying through the air and raises his arms to protect himself from the impact. The end result is torn ligaments, broken bones, and damaged nerves.

Broken Legs

The legs of a motorcycle rider are exposed in ways that automobile drivers’ legs are not. This means damaged and broken legs happen far more often to riders during a motorcycle accident. A severe leg injury can snap bones which themselves cut into muscle, veins, and nerves. It is not uncommon for a rider with leg damage to be unable to ride ever again due to long-term complications related to a leg injury.

While protective gear may help mitigate some of the minor injuries legs commonly get – such as road rash – there’s really no good way to prevent legs from breaking. Don’t ever believe somebody who says it’s your own fault.

Your Injuries Are Not Your Fault.

When a crash occurs the insurance companies will try and get out of paying what they should by saying things like “you chose to ride a motorcycle – you assumed the higher risk.” or “You didn’t wear your protective gear that day.” or “you could have done something to make your injuries less.” This is nonsense. DO. NOT. LISTEN. TO. THEM.

You have the absolute right to safety and security on the roads. When another person violates those rights, it is NOT your fault that injuries occurred to you.

Our motorcycle crash lawyers will take a stand for your legal rights. Do not agree with the insurance companies. Do not say yes to them. You let us handle them and make it clear that they must keep their legal promises to you.

If you’ve been hurt in a motorcycle crash, call us NOW. (702)-522-0696

las vegas real estate

Las Vegas Finally Picks Up After 2008

Clear Counsel Law Group is pleased to feature this blog post by our friend Margaretha Breytenbach who has helped many of our clients make responsible real estate decisions.

The Great Recession of 2008 became known as the 2008 financial crisis and it made way for the most widespread disruption to the US economy ever since the Great Depression is the 30’s. It started in 2007 when the US real estate market began falling apart and delinquencies of mortgages increased. By September and October of 2008, it created a nationwide financial disaster. The US government provided extraordinary assistance to financial institutions by flooding the market with money, adding liquidity and increasing government spending.

When the leverage credit market seized up, and the US mortgage giants Fannie Mae and Freddie Mac went flop during the summer, the government was distressed since these two are highly important in the US real estate market. Since the failure of those two institutions could cause the fall of the entire financial system, the US treasury injected $200Billion of funds as new capital in the form of stocks.

Jobs and Tourism

Las Vegas, being one of the most sought after tourist destinations in the US, became the epicenter of foreclosures. When there are only few people left spending their earnings in a casinos, hotels and bars, incomes get depleted, and mortgages go unpaid. The unemployment rate rose when business tried their best not to go underwater by cutting manpower. Many are yet to recover from it.

Many construction projects were put on hold when US citizens felt Vegas party trips were no longer a responsible use of income. Major constructions went bankrupt and halted their completion like the Summerlin shops and Cosmopolitan. Everyone in our tourism-driven community felt the pinch.

Why now is a Good Time to Invest in a Home?

Everyone almost gave up when we went so near rock bottom. Even the middle class has bankruptcy declarations; about 13,068 (individual and business) foreclosures were from the Clark County. It increased by 2010 to 25,000 but eventually recovered in the first quarters of 2015 to 4,566.

The market was slow in picking up the pieces left by this upheaval in the US housing bubble. However, the latest findings show that where it struck hardest, the recovery will also rise fastest. Las Vegas had made the largest jump in the number of renters to owners ratio from 39.5% (2006) to 49.4% (2014).

Home values are now recovering at a fast pace; more so due to the fact those tourists are again pouring back to the Strip. Businesses are booming. All temporized construction and plans are resumed. Las Vegas is reinvented and reinvigorated.

Born and Raised in South Africa, Margaretha has moved in the USA since 2004 after extensive travel through Europe. Well versed in the international market, she was also able to cater her Real Estate services to those from Canada, China and Europe. Whether you are looking to buy, sell, invest as a first time home buyer or a seasoned investor; it would be Margaretha’s honor to apply her strong negotiating skills to your transaction. She is motivated to build a strong business relationship with all her clients and can show you why she is the right person to market your home.“Top 100 Women in Real Estate in 2017” by MYVEGAS Magazine, Top 10 Real Estate Agents on Social Media by Property Sparks and currently the #1 Real Estate agent for 2018 with Urban Nest Realty.

Contact information:

Mobile: 702-813-1770

email: mbreytenbach@mac.com

photos after car accident

What to Photograph After an Auto Accident

In auto accident cases, seeing is definitely believing. Often, one picture can do more good or harm to a case than hours and hours of witness testimony. This is also true when negotiating with insurance adjusters. The more photographic evidence of car damage and bodily injury they receive, the more likely they are to offer higher amounts of money to settle your case. With the prevalence of smart phones and camera phones, there is no excuse for not taking photographs to document your auto accident. If you are ever in an accident, you should immediately take photographs of three things.

Photograph the Car That Hit You.

First, you should take photographs of the car that hit you. This should always be done FIRST because you never know how long the other driver will remain at the scene. It might feel a little awkward taking photographs of someone else’s car, but it is very important. If the other driver protests, tell him or her that your insurance company has instructed you to take pictures of the scene. Often, this will be your only chance to document the damage to the other car. The other driver’s insurance will not allow you or your attorney to view any of its own photos until after a lawsuit is filed. This is because in a rear-end accident, the front of the rear car almost always shows more damage than the rear of the front car. The front of a car has more things that can be broken (grill, lights, etc.) than the back of a car, which is usually just a solid plastic bumper. In addition, when the other driver’s insurance company does take pictures of the damage, they will usually have the car cleaned to remove any dirt streaks that may make the damage look worse. They will also take pictures from angles that minimize how bad the damage looks. Thus, you must protect your case by immediately taking pictures of the other driver’s car.

Photograph The Damage to Your Car.

Second, you should take pictures of the damage to your car. If possible (and not dangerous), do this at the scene. When you take the photos at the scene, this removes any argument from the other driver’s insurance company that you may have tampered with your car before taking the photos. The other driver’s insurance company will eventually schedule an “estimate”. This is their opportunity to assess the damage to your car before offering to make any repairs. At the time of the estimate, the representative for the other insurance
company will take multiple pictures. Again, these pictures will be taken from angles that minimize the damage that is shown. In fact, some estimators have been known to carry towels and other cleaning supplies with them so they can try to buff out as many scratches and streaks as possible before taking photos. If you have taken photos of your car at the scene, these photos will help show a jury that the insurance company is trying to trick them into believing there was less damage to your car than there actually was. Your photos will have more credibility because they were taken much more closely in time to the accident than whatever photos the other driver’s insurance company may take.

Take Photos of Your Injuries

Third, you should take photos of any injuries to your body. Visual representations of injuries are much more powerful than simple descriptions. If you notice any bruising or scratches caused by your accident, you should photograph them immediately. Often when we are negotiating with insurance adjusters we will push them to their highest offer and then send them a client’s injury photographs. This automatically triggers an increase in the amount of money (called “reserves” or “authority”) that the adjuster can offer. The insurance company never wants a jury to see injury photos because they prove that the impact of the accident was definitely strong enough to cause injury.

If you are ever in an auto accident, make the simple effort to photograph these three things as soon as possible. Doing so will often increase the amount of money you are awarded at the end of your case.

cost of estate plans

How Much Do Estate Plans Cost in Nevada?

Estate Plan costs vary depending on who does the work. A do-it-yourself solution may be quite cheap, but could easily be full of holes. For a good estate plan, you should use an estate planning attorney who has the experience to give you what you need, without the holes.

  • Basic Estate Planning Forms: $300 – $500
  • A Paralegal Prepared “Estate Plan” $500 – $800
  • An Attorney Prepared Estate Plan $1500 – $2000
  • A Complex Estate Plan by an Attorney $3000+

 

Transcript:

Hi, my name is Jordan Flake. I’m an estate planning attorney with Clear Counsel Law Group. One question that we get all the time – and it’s a very legitimate question.

In fact, nearly every client asks this, and they should ask this … Is, “What’s your fee for preparing an estate plan?”

Now, for the purpose of estate plan, I’m going to use the idea of a living trust because that’s what many people end up needing if you have the standard range of assets, where you own a house and a few bank accounts and maybe retirement accounts like insurance policies, things like that.

A lot of people will fall into the category of wanting a basic revocable living trust package which includes the trust, the will, power of attorney documents and possibly a deed transferring a house to the trust, so it’s kind of your basic estate planning package that you would get.

When we talk about preparing this, the costs on the marketplace can range from maybe six or seven hundred dollars on the low end to thirty-five hundred dollars plus on the high end for this basic living trust package.

I just want to talk a little bit about why is there this big difference in cost and how can you as a potential consumer be savvy about the differences between a lower cost estate plan package and a higher cost estate plan package.

I Understand Your Perspective; Lawyers are Also Consumers

Let me first tell you that attorneys are consumers too. We go out in the world and we have to purchase things and I can tell you that when my car breaks down or if I ever have a mechanical issue, I’m not inclined, I’m not the kind of guy who can just pop open the trunk when the smoke is pouring out and then take the wrench and impress my wife by how quickly I get it all taken care of. That’s not me. I have to take the car in and I have this kind of paranoia inducing moment where I’m talking to this mechanic and he or she seems like a really good person who’s not going to overcharge me but I’m not really sure.

I feel pretty vulnerable in that situation because really I don’t know if this fix is something that could be done for a hundred dollars or if the fix should be costing a thousand dollars and I’m worried because I don’t have that knowledge and I feel pretty vulnerable.

I take that experience and I say, “Every day clients are going to come to me and they’re going to feel some of that same vulnerability. They’re not going to know whether or not the knowledge and skill set that I possess is worth several hundred dollars or thirty-five hundred plus dollars,” so our goal at Clear Counsel Law Group is to provide you with complete transparency with respect to what the services are, what they’re going to cost and very importantly what similar services are going to cost on the open marketplace.

Why There is a Range of Cost for an Estate Plan

Let’s just take this basic estate planning package for example and you can get this basic estate planning package, you can find it out there for four, five, six, seven hundred dollars. You can find all those documents. You can also pay upwards of thirty-five hundred dollars for all those same documents.

There’s a lot of room in between, but most law firms are going to charge somewhere in the fifteen hundred to twenty-five hundred dollars to prepare all these documents. Why is there so much variance? That can be attributable to the fact that on the lower end, some of these documents are being offered by paralegal services.

This kind of frustrates me as an attorney because that paralegal, I’m not so concerned that they’re undercutting the marketplace. I’m not one to care if the marketplace gives you good product for less money. I say, “Great. If that’s the place the market is headed, so be it.”

I’m not going to try to change that.

I’m going to try to beat it in fact.

The reality is, is that a paralegal doesn’t have the license to practice law and so yes, it might be a little big less expensive to hire a paralegal but there’s no governing body like the state bar that’s holding that paralegal strictly accountable for being competent and for being ethical and for managing client’s money in the proper way.

Really that paralegal shouldn’t be practicing any type of law in the first place. They should get shut down for the unauthorized practice of law.

What do estate plans cost?

Why a Licensed Attorney Should Draft Your Estate Plan

In contrast, as attorneys, the state bar is there to watch over us and make sure that we’re always competent and always ethical and if you as the client have any type of issues with any of the attorneys then you can actually go to the state bar.

Furthermore, a paralegal is not going to get malpractice insurance. They’re not going to be qualified to have an insurance company come along and insure their practice of law because they’re not licensed to practice law.

As an attorney, if we happen to make a mistake, any attorney, they’ll have malpractice insurance in place to make sure that you don’t have to pay for their mistake.

The attorney can pay for the mistake, not you. That’s not something you get with a paralegal.

When you do pay a little bit more money for an attorney to prepare these documents as opposed to a paralegal, understand that what you’re getting is you’re getting the guarantee of having malpractice insurance in place.

You’re getting the oversight provided by the state bar and then I’d say the very most important thing that you’re getting is the experience and the knowledge to make sure that it’s being done properly.

Don’t Worry If Your Estate Plan Was Not Drafted by a Lawyer, I Can Fix It.

I see this all the time. I have individuals who come in and they say, “I don’t think that the person who prepared this document was even an attorney.”

They’ll bring me a trust, this basic trust package that I’m talking about and they say, “Yeah, a financial advisor or a paralegal prepared this for me.” I’ll look through there and invariably I’ll find something that just required a little bit of experience, a little bit of nuance and a little bit of our knowledge but they totally missed it in the underlying documents and it had the potential to cause them huge problems.

I’m going to give you a quick example.

I had a woman in here who has a child who has special needs. That child is currently receiving governmental assistance.

The trust that was prepared by the paralegal would have just given an outright distribution to this child who had special needs upon the passing of the client. If she passed away and an outright distribution went to this child, that child would have lost their government assistance and would have after a few years just been totally destitute.

That paralegal or that financial advisor didn’t have the legal background that allowed them to say, “Aha. That child has special needs. That child needs what’s called a special needs trust where we can control that money in a way that won’t affect their ability to receive governmental assistance.”

Proper Estate Planning Should Not Be Done With a Form

It’s just little things like that. It’s the nuances. Think about how important your family is to you and how important your assets are to you and then just think are you going to entrust that to an individual who doesn’t have a license to practice law.

If you’re being really honest with yourself I think you’re going to say, “No. I don’t want to take any risks with this. It’s too important. It involves my loved ones, involves my hard-earned assets to which I gave my life taking care of my profession and my savings to make this happen.”

You don’t want to entrust that to somebody who doesn’t have the skills necessary to make sure it’s done properly.

That’s the lower end of the spectrum. On the higher end of the spectrum, I have a very high opinion of the attorneys here in Nevada. I feel like most of the attorneys that I know are going to give you a fair shake. They’re going to try to be forthright and honest with you.

I do think that there are some outliers on this end of the spectrum who may be somewhat relying on your lack of knowledge and experience, to charge you more for services that another attorney would charge you much less to provide the same services. I am concerned about that. I don’t think that as an attorney I have the right to use your lack of knowledge unfairly to my economic advantage.

Obviously, to some extent I do have the knowledge and I should be compensated for that so that question of where does it become unfair is the real issue. That’s where you’re going to see most attorneys clumped into this same area where we’re within five to eight hundred dollars of each other.

These outliers where it’s way lower, that should raise a concern or these other outliers where it’s a lot more expensive, that should raise some concerns too.

In any event, our goal at Clear Counsel Law Group is to provide complete transparency for why we’re charging what we’re charging. Our goal and ninety-nine percent of the time we’re able to achieve this, is after the initial consultation we will tell you exactly what you’re going to pay.

It will be a flat fee and it will be all-inclusive of everything that you have asked us to perform. There won’t be any doubt as to whether or not you get slapped with additional fees or charges at the end of the day.

There won’t be any concern that if I take a two hour nap and I dream about my client, that I hit him with a seven hundred dollar bill because, “Well, I technically was working on your case, Mrs. Jones.” Nothing like that.

That’s where we call ourselves Clear Counsel Law Group because we prize that kind of transparency with our clientele to where you have the peace of mind that you know exactly what you’re paying for, you know exactly how it compares to the rest of the marketplace and you can rest assured that we will provide the services that we said we’d provide at the cost and with the fees that we agreed to.

Please feel free to give us a call. There is no charge for the consultation. That’s when we come in and talk about the different options. Once you select an option, then we talk about the cost for providing that service.

Then we provide the service and you pay that amount and what we hope we get out of that transaction is a life-long client.

We want it to be a super-positive experience for you and for us so that you can come back to us in the future with any other legal needs or questions.

Feel free to give me a call. We’ll meet for a consultation and then we’ll discuss the options.

Thank you so much.

Clear Counsel Law group

Contact Info

1671 W Horizon Ridge Pkwy Suite 200,
Henderson, NV 89012

+1 702 522 0696
info@clearcounsel.com

Daily: 9:00 am - 5:00 pm
Saturday & Sunday: By Appointment Only

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