Edmon Lawyer Partners

The power of the lawyer is in the uncertainty of the law

Understanding HOA Attorney Job

This type of attorney is the one that represents and advises the homeowner’s association board members on many different matters regarding property rights and contracts. A HOA attorney is generally in charge of drafting the community rules so that they comply with the governing law. They will also provide broad advice to the members of the association about organizational structure and leadership responsibilities and helping to enforce the rules against the homeowners. A HOA attorney can also represent the association if there are any lawsuits filed and advises the residents and board members about their rights under law.

This law is a very specific branch of property law, which is important to the maintenance and creation of a system of ownership. These property laws can help to guide the buying and selling of property. Property laws sorts out the power that the association can control and setting the parameters as to how that power can be executed. When the community agrees to abide by a set of uniform rules they are enforced by the homeowner’s association board, which is generally filled by election and made of individual residents of the community.

Because this board is like a quasi-legal entity that has its own insulated rules it is very important that the homeowner’s association board has legal representation to ensure that all of the actions it takes complies with the governing laws. It will be the job of the HOA attorney to represent the homeowner’s association board. The HOA attorney’s job focuses primarily on advising by helping them to review and update the rules so they are not violating any governing laws.

Other jobs that a HOA attorney might do can include:

• Enforcing the rules against any homeowner who is not in compliance by contacting the homeowner to explain the violation and try to find a resolution that is amicable to the homeowner and board. If the homeowner does not cooperate the attorney will be the one to begin contempt filings or legal evection.
• They may represent the homeowner’s association in any legal proceedings outside the association such as dealing legally with a contractor who did poor work in the development. It will be the HOA attorney that will see remuneration and if it becomes necessary will file a lawsuit against the contractor.
• If the homeowner’s association is sued the HOA attorney would do the defense of the homeowner’s association in the case.

The HOA attorney is the legal voice for the association’s board and generally is not a full time job. Many times this attorney will represent several homeowners’ associations at once or represent them and have a property law practice.

 

Things You Should Prepare Before Attending Court

Attending Court can be stressful and intimidating, even for those who do so regularly. It can be even more so for those attending for the first time with very little idea of what to expect. Not knowing where to go, or how to act can only add to the stress of having to present yourself before a Judge.

It can be difficult to know how to behave and act to reduce the stress of attending court and present yourself in the best possible light to the Judge. This article will discuss some of the most practical advice to present yourself well at Court.

Firstly, attend Court before your Hearing date. The Court is a public building, and there is no reason for you not to visit it before your Hearing so that you can learn the layout and how the building operates. You may also be able to sit in on another Hearing if an appropriate one is available. Speak to the Court Ushers (Court Staff) and ask them about sitting in on a Hearing. If you explain to them why you want to do so, then they may be able to advise you what is available. This will give you the opportunity to familiarise yourself with what a Hearing is actually like.

Secondly, arrive early on the day of your Hearing. Do not aim to be on time for your Hearing aim to be early. This will allow for time to find the room your Hearing is being held in. You should also give yourself plenty of time as the Defendant may wish to speak to you regarding settlement before going in. It is not uncommon for cases to settle before going into a hearing. However, if the Defendant tries to settle your claim, you should keep in mind that they will be expecting you to be feeling stressed and nervous and some may try to use that to strong-arm you into accepting a lower offer. Keep your cool and don’t settle for less than your claim is worth just because you’re nervous about the Hearing.

Thirdly, dress appropriately. You should always dress smartly, as you would for a job interview. Remember appearances count for a lot, and while in a perfect world you would be judged on your case alone, in reality how you present yourself and your attitude in Court will have an impact on your case. Dressing smartly shows respect to the Court and the process you are engaged in. It demonstrates to the Judge that you are taking this matter seriously and that you deserve their time and attention. Dressing smartly can mean different things to different people so for the avoidance of doubt do not go to Court in your jeans, leggings, t-shirts or crop tops. Wear a suit if you can, or if you do not have one and have no way of getting/borrowing one you should at wear a suit jacket at a minimum.

Fourthly, address the judge accordingly. If you are before a District Judge, they should be addressed as “Sir” or “Madam” as the case may be. If you are before a Recorder or a Circuit Judge you should address them as “Your Honour.” In the unlikely event that you find yourself before a High Court Judge, they should be addressed as “My Lord” or “My Lady” as the case may be. However, that being said do not panic if you forget the correct way to address a Judge, provided that you are polite and respectful, the Judge will not take offense.

Fifthly, speak appropriately. As above it is important to be polite during the process of speaking to the Judge and your opponent. This will be a highly emotional experience, but you must try to keep your cool. Try not to lose your temper or become overly emotional, take a moment to breathe if you need to the Judge will be understanding that this is not an easy ordeal. Water will be available, if you need to take a moment have a drink and try to relax as much as possible. During the Hearing, only one person should speak at any one time if you interrupt the Defendant or the Defendant interrupts you the Judge will act to keep order. You should not interrupt the Judge if you need to bring something to the Judge’s attention while they are speaking then wait for them to finish before speaking.

Lastly, be honest, if you cannot answer any question from the Judge or Defendant, then you should say so. If possible make an effort to find out the answer during a break in the Hearing. However, not knowing the answer to a question is unlikely, this is your claim, and no one should know it better than you. The questions asked will be important and effect the Judge’s decision so answer them with as much information as you can.

In conclusion, you should now have an understanding of some of the steps you can take to best present yourself at Court and reduce the stress you may be under by attending Court.

 

The Advantages of Building a Remote Legal Team

The immense growth of online productivity tools and the emergence of virtual office culture are breaking down the traditional geographical barriers. The latest technological advancements allow businesses to become distributed and operate efficiently from anywhere in the world. Moreover, when an existing in-house team is overburdened, building a remote team always becomes a suitable option for most businesses. Setting up and managing remote teams, however, entails multiple challenges. If you’ve been planning to build a remote legal team, it is always important to consider a few factors to ensure that your remote legal team functions optimally.

Here are 5 things to consider while building a remote legal team:

1. Comprehend Legal Issues

While hiring a remote team, it is always better to actually comprehend the job you intend to hire someone for. When you need lawyers for intellectual property, it is important to determine the kind of risks you will be exposed to in the IP space. Similarly, if you are into content business, you might decide to build a remote team with in-depth experience in copyright laws.

2. Draft Accurate Work Description

Once you have comprehended your specific requirements, it is always important to craft an accurate work description. While creating a job description, make sure that you include the details of the expected work. For better understanding, it is always advisable to provide a more elaborate description about the culture and vibe of your company. Last but not the least, specify the must-have requirements for candidates such as expected skills and the level of required experience. Apart from simply attracting candidates, an accurate work description also helps prospective candidates decide quickly whether your company is the ideal one that they wish to work for.

3. Select Candidates with Soft Skills

Identifying a great lawyer goes much beyond finding someone with proper technical expertise. In virtual teams, lawyers need to perform as a part of a team and under pressure at that. While interviewing prospective lawyers, consider how collaborative the lawyers are and how they function in high-stake situations. Also, ensure whether a candidate has immense judgment skills or not.

4. Ensure Consistent Communication

The moment you have the right team, it is important to facilitate consistent and effective communication. Facilitating constant communication is the biggest challenge faced by managers who build a virtual team. It is important to remember that each team member may be highly productive but when there is no productive communication, business efficiency may be hampered. For choosing the right communication, it is important to choose the perfect software. Once you select the perfect tools, make sure that you conduct regular virtual meetings to track the status and progress of the team.

5. Establish Team Culture

When you are hiring virtual lawyers, it is important that the team members share the vision and mission of the company. Only when you share your business goals will your team members feel that they are a part of the business growth and this is definitely an important motivating factor in virtual teams.

It can take time to put your virtual legal team together and get all the team members on the same page. A few strategies can, however, help you build a more effective virtual team and boost customer experience in a great way. The good news is that once an effective virtual legal team is established and managed well, you can get all the services at a fraction of the actual cost.

 

Things You Must Know About Probate Attorney

This is the attorney that you would hire to administer the last will and testament of a deceased person. They will also help to guide the heirs through the probate process in court, which is when a person files a petition for probate. This is the process to determine if the will the deceased left behind is valid. In the probate process the assets that the deceased left behind are distributed to pay any bills and what is left is divided among the heirs as the will states. The probate attorney will assist the heirs during the legal process, including filing any necessary pleadings and motions. If the will is contested by the heirs they will make arguments to the court as to why it is being contested. It the court has any questions about the will’s validity he will answer their questions.

Although this is not required for them to do so sometimes they will be the executor of the will, especially if the deceased has named them as the executor of their estate. When they are the executor of the will they will manage the distribution of any assets the deceased has left behind. Some of his duties can be helping to change the title on some property. It can also be helping to move assets into the person’s name who inherited the items. The probate attorney is also responsible to make sure that all of the funds are accounted for along with the taxation aspect of the will and estate. When the probate attorney is the executor of a will they are generally paid a nominal fee, which could be a percentage based on a percentage of the estate or a flat fee. It is a fee that is separate from the one for preparing the will.

To become a probate attorney you will first have to have a bachelor’s degree and graduate from law school, which can take up to ten years. Before you can apply to take the bar exam you will have to have acquired a specific number of hours work experience for a law firm. Each state has a specific number of hours. Once you have met this requirement you can take the bar exam.

As an added bonus you should have good interview skills. When discussing any requests to change a will or when creating a will having persuasion and oral communication skills can be very helpful. When starting work as a probate attorney many will work as a junior attorney for a law firm that deals with probate work. They will be the ones that review wills, doing paperwork that involves the execution of an estate, and fulfilling change requests. They will also learn how surrogate court works.

 

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