FAQ

Q: Why do I need a business or corporate lawyer for my company?

A: They help ensure your business is properly formed and complies with all relevant laws and regulations. From reviewing contracts to advising on employment issues and corporate compliance, a skilled business attorney helps prevent problems before they arise. Having an attorney on your side protects your company’s interests and can save you from costly legal disputes down the road.

Q: How can a business attorney help me start or grow my business?

A: A business attorney can guide you through the entire process of starting and expanding your company. They assist with choosing the right legal entity (such as forming an LLC or corporation) and handle the paperwork to properly register your business. As your company grows, your attorney can draft and review contracts, help with regulatory compliance and risk management, and advise on financing or partnerships. By providing strategic legal advice, they help your business grow on a solid legal foundation.

Q: What types of legal issues do business & corporate lawyers handle?

A: Business and corporate lawyers handle a wide range of legal matters that companies encounter. These include business formation, contract drafting and negotiation, corporate governance and compliance with regulations, and managing transactions like partnerships, mergers, or acquisitions. They also advise on employment law issues, protect intellectual property (like trademarks or trade secrets), and assist with real estate or leasing agreements for the business. Essentially, a corporate attorney is a one-stop resource for the various legal challenges a business might face throughout its lifecycle.

Q: Can a business lawyer help me choose the right business structure (LLC, corporation, etc.)?

A: Yes, a business lawyer can absolutely help you choose the optimal legal structure for your company. They will explain the pros and cons of forming an LLC, corporation, partnership, or sole proprietorship based on your specific goals, tax considerations, and liability concerns. Choosing the right structure affects how you pay taxes, your personal liability, and how your business can grow, so it’s a critical decision. Your attorney will recommend the best option for your situation and help you properly file all the formation documents to get your business started on a solid footing.

Q: How do corporate lawyers assist with contracts and agreements?

A: Corporate lawyers play a key role in drafting, reviewing, and negotiating contracts to protect your business’s interests. Whether it’s a client service agreement, a vendor contract, a lease, or a partnership agreement, an attorney ensures the terms are clear, enforceable, and favorable to you. They identify any risky or unclear clauses, negotiate improvements, and confirm the contract complies with applicable laws. By having a lawyer handle your contracts, you reduce the chance of disputes or liabilities arising from poorly written agreements.

Q: When should a small business consult a business attorney?

A: It’s wise for a small business to consult a business attorney early and at key points of its operations. You should seek legal advice when starting the business (for entity setup and initial agreements), whenever you’re signing significant contracts or entering new deals, and when facing any potential legal issue or dispute. Early consultation can help prevent minor issues from turning into major problems by ensuring you’re making informed decisions. In essence, any time you have questions about legal obligations or risks,  from hiring employees to expanding operations, it’s beneficial to get guidance from a business lawyer.

Q: Can a corporate lawyer help prevent legal disputes in my business?

A: A corporate lawyer can often help you avoid legal disputes before they happen by proactively managing your legal affairs. By drafting clear contracts and company policies, and ensuring you comply with relevant laws and regulations, they minimize the risk of misunderstandings or violations that could lead to lawsuits. For example, having properly written agreements with partners, employees, and clients can prevent conflicts down the road. Your attorney’s guidance on best practices and compliance acts as a safeguard against many common legal problems a business might face.

Q: How can an attorney help if my business faces a lawsuit or dispute?

A: If your business is facing a lawsuit or serious dispute, an experienced attorney is vital to protect your interests. A commercial litigation attorney will review the case details, develop a legal strategy, and represent you in negotiations or court proceedings if needed. They handle all legal filings and communication, gather evidence, and advocate on your behalf to achieve the best possible outcome, whether that’s a favorable settlement or a win in court. Having a lawyer involved also signals to the other party that you are serious about defending your rights, which can encourage a quicker and fairer resolution.

Q: How can a corporate lawyer assist with mergers, acquisitions, or selling a business?

A: Major transactions like mergers, acquisitions, or selling your business require careful legal oversight, which is exactly what a corporate lawyer provides. During a merger or acquisition, attorneys perform due diligence (reviewing financials, contracts, and legal obligations), draft and negotiate the deal agreements, and ensure all regulatory requirements are met. They help structure the transaction to protect your interests and minimize liabilities or tax burdens. If you’re selling your company, a lawyer will guide you through evaluating offers, preparing the sales documents, and closing the deal, making sure your rights are protected at each step.

Q: What are the benefits of having ongoing legal counsel for my business?

Q: What is transatlantic law and when would I need a transatlantic attorney?

A: Transatlantic law refers to legal services and issues that span both sides of the Atlantic, typically involving matters between the United States and Europe. You would need a transatlantic attorney if your business or legal issue crosses national borders for example, if you are a U.S. company doing business in Europe or an EU company expanding to the U.S. Transatlantic lawyers are knowledgeable in the laws of multiple countries and can coordinate legal matters across jurisdictions. They help ensure you stay compliant with both U.S. and European regulations and that your interests are protected internationally.

Q: Why is having a transatlantic lawyer beneficial for international businesses?

A: International businesses face different laws, regulations, and cultural practices in each country, and a transatlantic lawyer helps navigate these complexities. They make sure your company complies with varying legal requirements from tax codes and employment laws to data protection rules like Europe’s GDPR when operating abroad. Instead of managing multiple law firms in different countries, you can rely on one firm with transatlantic expertise to provide cohesive legal guidance. This unified approach ensures smoother operations across borders and reduces the risk of costly legal mistakes when doing business globally.

Q: How can a transatlantic law firm help my company expand or operate overseas?

A: A transatlantic law firm can guide your company through every step of international expansion or cross-border operations. They assist with establishing foreign subsidiaries or branches, making sure you choose the right business structure and comply with local registration requirements. These attorneys draft and review cross-border contracts, ensuring agreements with overseas partners or clients are legally sound in all relevant jurisdictions. They also advise on local compliance issues (such as foreign employment regulations, tax obligations, or import/export laws) and can coordinate with immigration lawyers if you need visas for relocating executives or staff. By handling these complex tasks, a transatlantic law firm helps your business enter new markets smoothly and lawfully.

Q: Can one law firm handle legal matters in both the US and Europe?

A: Yes. A law firm with a transatlantic practice is equipped to handle legal matters on both continents. Such firms often have attorneys licensed in multiple jurisdictions or maintain partnerships with reputable firms overseas. This means they can coordinate your legal needs in the U.S. and Europe seamlessly, so you don’t have to hire separate lawyers in each country. By working with one integrated team, you get consistent quality advice and a unified strategy across all your international legal issues.

Q: Will I need to comply with European laws like GDPR if my business deals overseas?

A: If your business operates in Europe or handles personal data of European customers, you will likely need to comply with European laws such as the General Data Protection Regulation (GDPR), among others. A transatlantic attorney will help determine which foreign laws apply to your operations and guide you in meeting those requirements. This might involve updating your privacy policies, data handling practices, or contracts to meet EU standards. Compliance is crucial because violations of foreign laws can result in hefty penalties or damage your ability to do business internationally, so having legal guidance on these matters is essential.

Q: Can a transatlantic lawyer assist with cross-border mergers and acquisitions?

A: Yes, cross-border mergers and acquisitions are complex transactions that require understanding laws in multiple countries, and a transatlantic lawyer is invaluable in this process. They conduct due diligence across jurisdictions, structure the deal to meet legal and regulatory requirements in each country, and prepare the necessary agreements and disclosures. A transatlantic attorney will coordinate with any local counsel as needed and ensure that the transaction protects your interests internationally. With their help, companies can successfully merge with or acquire businesses overseas while minimizing legal risks and avoiding regulatory pitfalls.

Q: What if I have a business dispute or legal issue in another country?

Q: What is commercial litigation?

A: Commercial litigation refers to legal disputes related to business matters that are resolved through the court system or formal legal action. These disputes can involve issues like breach of contract, partnership or shareholder conflicts, business torts (such as interference with business relationships), or other business-related disagreements. Essentially, when two or more parties in a business context cannot resolve a serious issue through negotiation, it may result in commercial litigation to settle the matter. The goal in commercial litigation is to enforce legal rights or recover damages, and these cases are typically handled by attorneys who specialize in business disputes.

Q: When should a business hire a commercial litigation attorney?

A: A business should consider hiring a commercial litigation attorney as soon as a significant dispute arises that could lead to legal action. If you suspect your company may need to sue another party (for instance, over a breached contract or unpaid debt) or if your business has been threatened with a lawsuit or served with legal papers, it’s time to get an attorney involved immediately. Early involvement of a lawyer helps protect your rights and allows for a strategy to be developed while evidence is fresh (for example, preserving documents or emails). In general, whenever a business dispute has high stakes, financially or reputationally, consulting a litigation attorney promptly is the smart move to safeguard the company.

Q: What types of business disputes fall under commercial litigation?

A: Commercial litigation covers a broad range of disputes that arise in the business world. Common examples include breach of contract cases (when one party fails to fulfill their obligations in an agreement), partnership or shareholder disputes (such as disagreements over business management or profit sharing), and cases of fraud or misrepresentation in business transactions. It can also encompass employment-related litigation (like claims of breach of non-compete agreements or trade secret theft), real estate and construction disputes involving businesses, and intellectual property disputes between companies. Essentially, any complex disagreement involving businesses or commercial transactions that can’t be resolved informally might fall under commercial litigation.

Q: What is the process for a commercial lawsuit?

A: The process of a commercial lawsuit generally begins with one party (the plaintiff) filing a complaint in court outlining the dispute and legal claims against the other party. The opposing party (the defendant) is formally served with the lawsuit and has an opportunity to file a response (an answer or possibly a counterclaim if they have claims of their own). Next comes the discovery phase, where both sides exchange information and evidence related to the case, this can include document production, written questions (interrogatories), and depositions of witnesses. Throughout the case, there may be motions and hearings (for example, to resolve procedural issues or even to attempt dismissal of the case). If the dispute isn’t settled and proceeds to trial, each side will present its evidence and arguments in court, and finally, a judge or jury will render a decision. (It’s worth noting that many commercial cases are resolved before reaching trial, either via settlement negotiations or mediation, to save time and expenses.)

Q: Can business disputes be resolved without going to court?

A: Yes, not all business disputes end up in a courtroom; in fact, many are resolved through alternative dispute resolution methods. Options like negotiation, mediation, or arbitration can often settle a commercial conflict more quickly and with less expense than a full-blown trial. In mediation, for example, a neutral third party helps the disputing parties reach a mutually acceptable solution. In arbitration, an arbitrator hears both sides and makes a binding decision, but the process is usually private and faster than court. A commercial litigation attorney can assist in these processes by negotiating on your behalf or representing you in arbitration, aiming to achieve a favorable outcome without the need for a court trial.

Q: How can a commercial litigation lawyer help protect my company’s interests?

A: A commercial litigation lawyer is your advocate in a business dispute, working to protect your company’s rights and achieve your goals. They start by analyzing the legal and factual aspects of your case to build a strong strategy, whether it’s to defend your business against a claim or to pursue action against another party. Your attorney will handle communications and negotiations with the opposing side, ensuring that any settlement discussions prioritize your interests. If the case goes to court, the lawyer will present compelling arguments and evidence on your behalf, leveraging their knowledge of commercial law and courtroom procedure. By having a skilled litigator on your side, you level the playing field and ensure your case is presented effectively, which helps prevent your company from being taken advantage of.

Q: What should I do if my business is being sued?

A: If your business is being sued, it’s important to act quickly and thoughtfully. First, do not ignore the lawsuit; lawsuits come with strict deadlines (often, you have only a few weeks to respond formally in court). Contact a commercial litigation attorney immediately to review the complaint and advise you on your options. Your lawyer will help you prepare a formal response (answer) to the lawsuit, raise any defenses you might have, and possibly file counterclaims if the situation warrants. You should also preserve any evidence related to the dispute (such as contracts, emails, financial records) and avoid discussing the case with the plaintiff or on social media. By working closely with your attorney, you can mount a strong defense and explore opportunities to resolve the case, whether through a motion to dismiss, settlement negotiations, or preparing for trial if necessary.

Q: How long does a commercial litigation case typically take?

Q: How can a lawyer help me recover unpaid debts?

A: A lawyer can greatly increase your chances of recovering money that you’re owed by a customer or business partner. An attorney will often start by sending a formal demand letter to the debtor, which shows you are serious and sometimes prompts payment without further action. If the debtor still doesn’t pay, your lawyer can file a lawsuit on your behalf to obtain a court judgment for the amount owed (plus any interest or penalties allowed by law). Once a judgment is obtained, the attorney can use legal tools to enforce it, for example, by garnishing the debtor’s wages, placing a lien on their property, or seizing certain assets, all under the supervision of the court. Throughout the process, the lawyer ensures that all collection efforts comply with debt collection laws, protecting you from legal pitfalls while aggressively pursuing the debt.

Q: What steps can a debt collection attorney take that I can’t do on my own?

A: A debt collection attorney has legal authority and expertise that individuals or businesses typically do not. For example, an attorney can file a civil lawsuit against the debtor and take the case through court to obtain a judgment, which is something you generally won’t do effectively without legal training. Once a judgment is obtained, a lawyer can utilize enforcement mechanisms such as wage garnishment, bank account levies, or property liens, which require court orders and legal processes to implement. Attorneys also have tools to investigate a debtor’s assets and can compel the debtor to provide financial information through court procedures. Additionally, a lawyer will ensure all collection actions follow federal and state laws (such as the Fair Debt Collection Practices Act), so you don’t inadvertently violate any regulations while trying to collect the debt.

Q: Do I need a lawyer or a collection agency to collect a debt?

A: It depends on the situation, but hiring a lawyer is often beneficial for significant or difficult-to-collect debts. Collection agencies can handle routine collections by repeatedly contacting the debtor and requesting payment, and they typically charge a percentage of what they recover. However, collection agencies cannot take legal action; they can’t sue the debtor or obtain a court judgment. A debt collection attorney can escalate the matter if needed: they can file a lawsuit, obtain a judgment, and then enforce that judgment through legal means. Lawyers are also useful if the debtor disputes the debt or if there are legal complexities (for example, if the debtor has declared bankruptcy or there are questions about the contract). If the amount owed is substantial or the debtor is very uncooperative, using an attorney from the start can save time and lead to a better outcome, whereas a collection agency might be sufficient for smaller, straightforward debts.

Q: What is the legal process for debt collection through the courts?

A: The formal debt collection process through the courts usually involves several steps. First, your attorney will file a lawsuit (a complaint) against the debtor in the appropriate court, stating how much is owed and the legal basis for the debt (such as breach of contract or unpaid invoices). The debtor will be served with the lawsuit and given a chance to respond (file an answer). If the debtor does not respond or if you win the case, the court will issue a judgment in your favor for the amount of the debt (often including interest and court costs). After obtaining a judgment, your lawyer can take steps to enforce it with the court’s help. Common enforcement methods include wage garnishment (having a portion of the debtor’s paycheck sent to you), bank account levies (seizing funds from the debtor’s bank account), or placing liens on the debtor’s property. The exact methods available depend on the debtor’s assets, but your attorney will choose the ones most likely to get you paid. Throughout this process, having legal representation is important to navigate procedural rules and ensure you maximize your recovery under the law.

Q: Is there a time limit for collecting a debt (statute of limitations)?

A: Yes, there is a statute of limitations for debt collection, and it varies depending on the state and the type of debt. The statute of limitations is the time period during which you can legally sue to collect a debt. Once that period expires, the debtor can raise the statute of limitations as a defense in court to avoid paying (meaning you no longer have a legal remedy to enforce the debt through the courts). For example, a particular state might have a 4-year statute of limitations on written contracts, so if a debt is older than 4 years, a lawsuit to collect it could be dismissed. It’s important to act promptly and consult a lawyer about the specific time limit applicable to your situation. An attorney can tell you the statute of limitations for your debt and may still assist in collection efforts even if a lawsuit is time-barred (sometimes negotiating a voluntary payment), but they will ensure you don’t miss any deadlines when legal action is viable.

Q: Can I recover interest or legal fees when suing for a debt?

A: Often, yes, you may be able to recover interest and sometimes attorney’s fees or collection costs when you sue for a debt, but it depends on your contract and state law. If you have a contract, promissory note, or invoice that specifies interest on late payments, courts will generally award interest according to that agreement (subject to any legal limits on interest rates). Many contracts also include a clause stating that if collection efforts or legal action are needed, the debtor will cover attorney’s fees and costs; if such a clause exists and you win the case, the court can order the debtor to pay those fees. Even without a contract clause, some states have laws that allow the winning party in a debt collection lawsuit to recover reasonable attorney’s fees or court costs, particularly if the debtor’s conduct was willfully delinquent. Your attorney will advise you on what additional amounts (interest, fees, etc.) you can realistically seek. It’s important to include those claims in your lawsuit from the start so the court can address them when issuing a judgment.

Q: What happens if a debtor still doesn’t pay even after a judgment?

A: If a debtor refuses to pay even after you have obtained a court judgment against them, you can use legal enforcement mechanisms to collect the debt (with the court’s assistance). An attorney can help you pursue actions such as wage garnishment, where a portion of the debtor’s paycheck is directed to you until the debt is satisfied, or bank levies, where funds from the debtor’s bank account can be seized to pay the judgment. You can also place liens on the debtor’s property (for instance, on real estate they own), which can eventually force payment if they try to sell or refinance that property. In some cases, if a debtor truly has no assets or income (often termed “judgment proof”), collection can be very difficult, but judgments are often valid for many years and can sometimes be renewed, so payment might be collected later if their situation improves. It’s also possible a debtor might file for bankruptcy, which could halt your collection efforts or discharge certain debts; if that happens, you should consult your attorney about your rights as a creditor. Generally, once you have a judgment, the law provides these tools to help you collect, but it may require persistence and legal guidance to successfully get the money owed.

Q: Can a debt collection lawyer help with debts across state or international borders?

Q: Do I need an immigration lawyer to file my visa or green card application?

A: You are not legally required to hire an attorney for most immigration applications, but having an immigration lawyer can significantly improve your chances of success. Immigration law is complex and the paperwork can be daunting; a lawyer will ensure your petitions and forms are completed accurately and submitted with all the necessary supporting documents. They can identify potential issues in your case (for example, prior visa overstays or inadmissibility concerns) and address them proactively. Without a lawyer, you might make mistakes or miss details that could lead to delays or even denials.

Q: How can an immigration attorney help me with my visa or green card process?

A: An immigration attorney guides you through each step of the visa or green card application process. They will evaluate your situation and determine the best immigration strategy (for example, identifying which visa category or green card path is most appropriate for you). Your lawyer helps gather the necessary documents, prepares and files the application or petition on your behalf, and makes sure everything is filled out correctly and persuasively. They also communicate with U.S. immigration authorities for you, responding to any requests for evidence, scheduling interviews, and handling other correspondence. Overall, having an attorney manage the process can reduce stress, prevent common mistakes, and improve the clarity and completeness of your application, which can lead to a smoother approval.

Q: What types of immigration cases do your lawyers handle?

A: Our immigration lawyers at Lexagor handle a wide range of cases covering employment-based immigration. This includes work-related visas and employment green cards (for example, investor/trader visas, intracompany transferee visas, and employment-based permanent residence through extraordinary/exceptional ability petitions known as talent visas).

Q: Can an immigration lawyer help if my application was denied or delayed?

A: Yes, if your visa or green card application has been denied or is stuck in lengthy delays, an immigration lawyer can assist with next steps. They will first review the denial notice or the cause of the delay to understand the issue. If the application was denied, an attorney can determine whether you have the option to appeal the decision, file a motion to reopen/reconsider, or simply reapply with a stronger application. Your lawyer can prepare the legal briefs and additional evidence needed to challenge a denial through the appeal process or a motion. In cases of extreme delays (sometimes called “administrative processing”), a lawyer can inquire with the agency on your behalf or, if necessary, file a lawsuit (writ of mandamus) to prompt action on a long-pending case. In short, an immigration attorney will advocate for you, whether that means fighting a wrongful denial or pushing the government to make a decision, and help you explore any alternative remedies that might be available.

Q: Will hiring an immigration attorney speed up the process or improve my chances?

A: Hiring an immigration attorney often makes the process more efficient and can improve your chances of a successful outcome. While an attorney cannot alter government processing times, they ensure that your application is complete, accurate, and filed under the correct category, which helps you avoid delays caused by errors or omissions. A well-prepared application is less likely to receive requests for additional evidence or be rejected for technical reasons. Lawyers also provide guidance on what supporting documents and evidence will best strengthen your case, potentially increasing the likelihood of approval. In short, an attorney can’t make the immigration authorities work faster, but they can prevent costly mistakes and present your case in the best possible light, which often means a smoother process and a higher probability of success.

Q: What should I expect when working with an immigration attorney?

Q: Why do I need an estate plan or estate planning attorney?

A: An estate plan is important because it ensures that your assets and personal wishes are honored if you pass away or become incapacitated. Without a clear estate plan (for example, a will, trust, or powers of attorney), state law will determine how your property is distributed and who makes decisions for you, and that outcome might not reflect your actual wishes. An estate planning attorney helps you create the necessary legal documents tailored to your situation so you can specify who inherits your assets, name guardians for minor children, and outline your healthcare and financial directives. In short, working with an attorney to set up an estate plan gives you control over your legacy, provides for your loved ones according to your intentions, and reduces the likelihood of family disputes or costly legal proceedings later on.

Q: What documents are typically included in an estate plan?

A: A comprehensive estate plan usually includes several key documents to cover different aspects of your affairs. Common documents are a Last Will and Testament, which states who will receive your assets after you die and can name guardians for your minor children, and often a Living Trust (revocable trust) if you want to avoid probate and manage assets during your lifetime. In addition, estate plans include powers of attorney: a Durable Financial Power of Attorney appoints someone you trust to handle your financial and legal matters if you become incapacitated, and a Healthcare Power of Attorney (along with an Advance Healthcare Directive, or “living will”) appoints someone to make medical decisions for you and outlines your health care wishes. By including these documents, will, trust, financial POA, and healthcare directive, your estate plan will address the distribution of your assets, the management of your finances if you’re incapacitated, and instructions for your medical care, providing a complete plan for both after death and during any period of incapacity.

Q: What is the difference between a will and a trust?

A: A will (last will and testament) and a living trust are both estate planning tools, but they serve different purposes. A will is a legal document that takes effect upon your death; it specifies who should inherit your assets and can name guardians for minor children. A will usually must go through probate (a court-supervised process to validate the will and transfer assets), which can be time-consuming and public. In contrast, a living trust is a legal arrangement you create during your lifetime to hold and manage your assets. Assets you transfer into a living trust are managed according to your instructions in the trust document, and after you pass away those assets can be distributed to your beneficiaries without going through probate. Trusts also provide privacy and can include provisions for how to handle your assets if you become incapacitated (since the trust is effective while you’re alive), whereas a will only takes effect after death. Many estate plans actually use both: a trust to avoid probate for most of the assets, and a “pour-over” will to catch any assets that weren’t transferred into the trust so they still go to the intended beneficiaries.

Q: How can estate planning help me avoid probate or reduce estate taxes?

A: Estate planning can be designed to minimize the need for probate and to reduce estate taxes, if those are concerns for you. To avoid probate, you can use tools like living trusts, beneficiary designations, and joint ownership. For example, placing your home and other major assets into a revocable living trust means those assets can transfer to your heirs directly under the trust’s terms, without court involvement. Similarly, naming beneficiaries on life insurance, retirement accounts, or bank accounts allows those assets to pass directly to the named individuals outside of probate. Avoiding probate can save time, reduce legal fees, and keep your affairs private. Regarding estate taxes: although most estates are not large enough to owe federal estate taxes (due to a high exemption threshold), if you do have a sizable estate or live in a state with its own estate/inheritance tax, an attorney can implement strategies to reduce tax exposure. This might include setting up trusts (like an AB trust for spouses, or charitable trusts), making gifts during your lifetime to take advantage of annual gift tax exclusions, or other advanced planning techniques. Such strategies can preserve more of your wealth for your beneficiaries by minimizing what goes to taxes. In summary, good estate planning ensures your assets go to your chosen loved ones quickly and efficiently, rather than to courts or taxes.

Q: What happens if someone dies without a will or estate plan?

A: If someone dies without a will (known as dying “intestate”), their assets will be distributed according to the default laws of the state, rather than the person’s own wishes. Intestacy laws typically prioritize close family members. For example, in many states, if you’re married with children, your spouse and kids will split the estate in defined shares; if you have no spouse or children, then the estate might go to parents, siblings, or more distant relatives based on a family tree outlined in the statute. Because there’s no will to name an executor, a court will appoint an administrator to handle the estate; often, a family member will petition for that role. Dying without an estate plan can lead to delays and additional costs, since the probate court’s involvement is needed at each step and there could be bond requirements or additional filings. It can also create stress or conflict among surviving family if, say, multiple people want to manage the estate or disagree on who should get what (since intestacy splits might not align with what the deceased verbally told people or what family members consider “fair”). Importantly, without a will, you have no say in guardianship of minor children (the court will decide) or who gets specific sentimental items or particular gifts. In short, if you don’t have at least a basic will, you’re leaving those decisions up to state law and a judge, which may not reflect what you would have wanted.

Q: Can I do estate planning myself, or should I hire an attorney?

A: While there are DIY estate planning tools and online forms available, it’s generally advisable to hire an estate planning attorney to ensure your plan is done correctly and is legally sound. Estate laws can be complex and vary widely by state, so a one-size-fits-all form might not account for specific rules in your jurisdiction or the nuances of your personal situation. An attorney will tailor your documents to fit your needs, for example, addressing unique family circumstances (like children from a previous marriage, a family member with special needs, or specific wishes about distributions) and making sure all formalities (like witness signatures, notarization, etc.) are properly handled. Mistakes in a DIY will or trust often aren’t discovered until after death, when it’s too late to fix them, and that can result in added costs or even your assets going to the wrong people. By using a lawyer, you gain peace of mind that your documents are valid, enforceable, and optimized to carry out your intentions. For most people, the cost of a professional estate plan is well worth avoiding the potential expensive headaches caused by an incorrect or incomplete DIY plan.

Q: How often should I update or review my estate plan?

A: It’s recommended to review and, if necessary, update your estate plan periodically and whenever a major life event occurs. A good rule of thumb is to review your estate plan every few years (say, every 3–5 years) to ensure it still reflects your current wishes and circumstances. You should also revisit your plan after significant life changes like marriage or divorce, the birth or adoption of a child, if a family member who is a beneficiary or executor passes away, or if your financial situation changes substantially (for example, receiving a large inheritance or selling a business). Additionally, changes in the law (such as federal or state tax law changes, or new estate planning legislation) might necessitate an update — an estate planning attorney can inform you when laws shift in a way that affects your plan. Regular check-ups on your will, trusts, beneficiary designations, and powers of attorney ensure that everything is up-to-date. By keeping your estate plan current, you make sure that when it’s needed, it will work exactly as intended and won’t leave any surprises for your heirs.

Q: At what age or life stage should I start estate planning?

A: It’s a common misconception that estate planning is only for older people or the very wealthy. In reality, every adult should have at least some basic estate planning in place. Once you turn 18, in some instances, you become a legal adult, which means your parents or others can no longer automatically make medical or financial decisions for you, so even young adults benefit from having documents like a healthcare directive and durable power of attorney in case of an emergency. Most people start thinking about estate planning more seriously when they hit major milestones: for instance, getting married, buying a home, or having children are big triggers to create a will and maybe set up a trust, because you now have loved ones to protect and assets to distribute. If you have minor children, it’s crucial to have a will to name guardians for them in case something happens to you. Even if you’re single, if you have any assets (a bank account, a car, etc.), a will allows you to decide who should get those rather than leaving it to intestacy laws. In short, estate planning isn’t about age; it’s about situation. As soon as you have anyone who depends on you or any property you care about, it’s time to put your wishes in writing. And remember, estate plans can be updated as you age and as your circumstances change.

Q: What is a power of attorney and why is it important in estate planning?

A: A power of attorney (POA) is a legal document that gives another person (called your “agent” or “attorney-in-fact”) the authority to make decisions and take actions on your behalf in certain situations. In estate planning, there are generally two crucial types: a Durable Financial Power of Attorney and a Healthcare Power of Attorney. A Durable Financial POA allows your agent to manage your financial affairs if you become unable to do so yourself, for example, they can pay your bills, manage bank accounts, file taxes, or handle property matters while you’re incapacitated. A Healthcare POA (often paired with an advance healthcare directive) empowers someone to make medical decisions for you if you cannot communicate your wishes. These documents are important because they ensure that if you’re alive but incapacitated (due to an accident, serious illness, etc.), someone you trust has the clear legal authority to step in and take care of things for you. Without powers of attorney, your loved ones might have to go to court to get a guardian or conservator appointed to handle your affairs, which is a time-consuming and potentially expensive process. By designating your chosen agents in advance, you maintain control over who will help you in a crisis, and you make it much easier for them to carry out your needs without red tape. In summary, powers of attorney are a key part of an estate plan because they protect you and your estate during your lifetime, not just after death.

Q: What is an advance healthcare directive (living will) and do I need one? 

Q: What is the Defense Base Act and what does it cover?

A: The Defense Base Act (DBA) is a federal law that provides workers’ compensation benefits to civilian employees working outside the United States on U.S. military bases or under certain U.S. government contracts. In simpler terms, it’s an extension of the workers’ comp system that covers people like private contractors and subcontractors who are employed in support of U.S. military operations or public work projects overseas. The DBA covers injuries, illnesses, or death that occur in the course of that employment. For example, if you’re a contractor building an embassy, providing security on a military base abroad, or working on a foreign aid project funded by the U.S., and you get hurt on the job, the Defense Base Act ensures you’re entitled to benefits. These benefits include medical treatment for your injury, compensation for lost wages if you’re disabled and can’t work, and death benefits for your dependents if you are killed. In essence, the DBA protects overseas workers by making sure they have the same kind of safety net that workers inside the U.S. have under workers’ compensation.

Q: Who is eligible for benefits under the Defense Base Act?

A: The Defense Base Act covers a broad range of civilian workers employed in certain categories of overseas jobs. You are likely eligible for DBA benefits if you work for a U.S. government contractor (or subcontractor) and your job falls into one of these main categories: 1) Work on a U.S. military base or on land used by the U.S. military outside the United States (this includes bases in U.S. territories or any foreign country); 2) Work on public works contracts with a U.S. government agency performed outside the U.S. (for example, construction projects, infrastructure development, or service contracts funded by the U.S. in other countries); 3) Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally for things like foreign aid, relief, or development projects; 4) Work for American employers providing services to the U.S. Armed Forces outside the U.S. (like morale, welfare, and recreation services for troops). In short, if you are a civilian working overseas directly in support of U.S. military operations or U.S.-funded projects, you are probably covered by the DBA. It’s not limited to American citizens; local or third-country national employees on these contracts are usually covered as well. The key factor is the nature of the contract and work being done, not just your nationality.

Q: What benefits can I receive if I’m injured under the Defense Base Act?

A: If you are injured while working in a DBA-covered job, you’re entitled to several benefits akin to standard workers’ compensation. Medical Benefits: All reasonable and necessary medical treatment for your work-related injury or illness is covered, and under the DBA you generally have the right to choose your own physician. This includes hospital bills, doctor visits, medications, therapy, etc., and there are provisions for ongoing care if needed. Wage Loss Benefits (Disability Payments): If your injury leaves you unable to work (temporary total disability), you receive compensation for lost wages, typically calculated at two-thirds of your average weekly wage (up to a maximum rate set by law) for as long as you are unable to work. If you can do some work but at reduced capacity or pay (temporary partial disability), you receive payments to cover a portion of the difference in earnings. If your injury results in permanent disability, you can receive long-term compensation, either permanent total disability (if you can’t return to work at all) or permanent partial disability (if you have a lasting impairment but can work in some capacity, the law has a schedule of benefits for certain injuries). Death Benefits: If a worker is killed, the DBA provides benefits to surviving dependents (for example, a spouse and children). Typically, a surviving spouse gets a percentage of the worker’s weekly wage, and if there are children, they receive benefits as well (usually a spouse and child together get a higher combined rate). There’s also an allowance for funeral and burial expenses. These benefits are paid by the employer’s insurance carrier under the DBA system. In summary, the DBA ensures that if you’re hurt on the job, your medical care is covered and you have a financial safety net while you’re out of work (and that your family is taken care of if the worst happens).

Q: Do I need an attorney to file a Defense Base Act claim?

A: You are not required to have an attorney to file a DBA claim, many workers do initially file claims on their own, but having an experienced attorney can be highly beneficial, especially if complications arise. The Defense Base Act process can be confusing because it involves insurance adjusters, Department of Labor procedures, and sometimes legal hearings. An attorney who specializes in DBA cases will know how to navigate these procedures and can help ensure that your claim is filed properly and on time (e.g., meeting the 30-day notice and one-year claim deadlines). They can also advise you on medical evidence: for instance, making sure your doctor’s reports include the necessary details about how the injury is work-related and the extent of your disability. If the insurance company is slow to approve medical treatment or disputes the severity of your injury, a lawyer can push back on your behalf. Importantly, under the DBA’s rules, if a lawyer’s help is necessary to get you benefits (say the insurer was denying or underpaying and the attorney helped fix that), the insurance company may have to pay the attorney’s fee separately, rather than it coming out of your compensation. Many DBA attorneys work on a contingency or deferred fee basis, meaning they only get paid if you recover benefits. This fee structure makes legal help accessible to injured workers. In summary, while you can start a claim without a lawyer, having one can protect your rights, reduce your stress in dealing with the claim, and often result in a more favorable and faster resolution.

Q: What if my Defense Base Act claim is denied or my benefits stop?

A: If your DBA claim is denied by the employer’s insurance carrier, or if your benefits are suddenly stopped or cut down and you disagree with that decision, you have the right to challenge it through the Department of Labor’s dispute resolution process. The typical steps are: 1) Informal Conference: You or your attorney can contact the Department of Labor (DOL) and request an informal conference with a claims examiner. This is essentially a mediation-like meeting (often held by phone) where you, the insurance adjuster, and the DOL claims examiner discuss the issues. You’ll present why you believe you’re entitled to certain benefits, and the insurer will present their side. The claims examiner will usually issue a written recommendation after the call, suggesting how the dispute should be resolved. Sometimes the insurance will accept that recommendation and start/resume benefits. 2) Formal Hearing (ALJ): If the issue isn’t resolved at the informal level, the next step is to refer the case to the Office of Administrative Law Judges. An Administrative Law Judge (ALJ) will then conduct a formal hearing (which is like a trial, but without a jury). Both sides can present evidence, call witnesses (for example, doctors or vocational experts), and make legal arguments. The judge will then issue a decision. 3) Further Appeals: If you or the insurer are unhappy with the ALJ’s decision, there is an appeal to the Benefits Review Board (BRB) and subsequently to the federal court system. Throughout this process, having an attorney is extremely important. They will know what evidence is needed (for instance, medical expert opinions to counter the insurance doctor’s opinion), how to handle procedural rules, and how to make persuasive arguments on your behalf. It’s not uncommon for insurance companies to initially deny or minimize DBA claims, sometimes hoping workers won’t pursue them, but many of these disputes can be won by the employee when properly pursued. If your benefits were cut off because the insurer thinks you’re recovered or able to work when you aren’t, you should definitely contest that if it’s not accurate. The key is not to give up: a denial is not final. By using the appeals process, you can often get a fair outcome. And remember, if you do eventually win benefits with an attorney’s help, the insurer will usually have to pay your attorney’s fees, not you.

Q: How long do I have to report an injury or file a DBA claim?

Q: Why is trademark registration important for my business?

A: Trademark registration is important for your business because it provides legal ownership and exclusive rights to your brand name, logo, or slogan. With a federally registered trademark, you gain nationwide brand protection that prevents others from using a confusingly similar name or design. It also allows you to use the ® symbol, which can deter potential infringers and lend credibility to your brand. Overall, registering your trademark strengthens your business’s identity and makes it easier to enforce your rights if someone tries to misuse your brand.

Q: How do I register a trademark for my business?

A: Registering a trademark involves several key steps. First, you should conduct a comprehensive trademark search to ensure your brand name or logo isn’t already in use or too similar to existing trademarks. Next, you file a trademark application with the U.S. Patent and Trademark Office (USPTO) that details your mark and the goods or services it represents. A trademark examiner will review the application, and if no issues arise (such as conflicts with other marks or technical errors), your trademark will be published for opposition and then proceed to registration. The entire trademark registration process can take several months or more, but working with an experienced trademark attorney can help streamline the process and avoid common pitfalls.

Q: What does copyright protection cover for my creative works?

A: Copyright protection covers original creative works that you create, such as books, articles, artwork, photography, music, and software code. Essentially, any original work that is fixed in a tangible form (like written down or recorded) is automatically protected by copyright law. This means you have the exclusive right to reproduce, publish, or license these works. While you automatically own the copyright once you create the work, registering your work with the U.S. Copyright Office is highly recommended because it officially documents your ownership and makes it easier to enforce your rights in court if someone infringes your work.

Q: What should I do if someone is infringing my trademark or copyright?

A: If someone is infringing your trademark or copyright, it's important to act quickly to protect your intellectual property. Start by gathering evidence of the infringement, such as screenshots, copies of the offending material, or details of unauthorized product sales. Often, the next step is to have an attorney send a cease-and-desist letter to the infringing party, formally demanding that they stop the unauthorized use. This approach can resolve many issues, but if the behavior doesn’t stop, you may need to pursue intellectual property enforcement through legal action (for example, filing a lawsuit to enforce your rights and seek damages). An experienced intellectual property lawyer can advise you on the best enforcement strategy and help ensure your brand and creative works are fully protected.

Q: What is the difference between a trademark and a copyright?