Thermostats are starting to rise throughout the Inland Empire as summer quickly approaches. Many homeowners are getting their swimming pools ready to fend off triple digit temperatures. While pools and spas can provide recreation and exercise, they also can constitute a significant safety hazard. In the United States, the CDC reports that more than 3,300 fatal drownings occur in swimming pools in a typical year. One in four of these deaths involves a child under the age of 14. Drowning is the second leading cause of death for children 5 and under, trailing only auto accidents. There are almost twice as many children who suffer serious injury in near-drowning incidents each year, which often results in permanent disability and brain damage. Courts often consider swimming pools attractive nuisances to children because pools tend to attract children who are too immature to appreciate the potential risk of harm. Homeowners or those who operate commercial pools have an affirmative duty to implement safeguards designed to prevent children from drowning or suffering an injury in other pool-related accidents. When the failure of pool owners to take adequate safety precautions causes drowning or other injuries, our experienced Inland Empire personal injury attorneys represent swimming pool accident victims. In investigating a swimming pool accident, there are several questions that arise:
Pool areas are usually equated with fun whether located at a resort, friend's houses, or health clubs. Unfortunately, pools can be extremely dangerous hazards when certain conditions exist. Diving injuries can happen when depth markings are faded, not visible, or non-existent. The lack of fencing around a pool can spell danger for children who are wandering around unsupervised. When there is no safety equipment at the pool, this can result in drownings when a swimmer gets in trouble. If a public pool is open, adequately trained and attentive lifeguards should be present. Entrapment accidents can occur without proper maintenance of pool drains, filters, and pumps. Underwater obstructions like a shelf or rock grotto structure can cause catastrophic brain injuries. While property owners often can be liable for injuries caused by an unsafe swimming pool, some other parties also might share financial responsibility. Defective pool pumps and heaters or poorly constructed life-saving equipment can also cause serious injuries. When pool equipment causes an injury or fatality, the company that designed, manufactured, or sold the defective product might be liable for injuries caused by the defective equipment or part. The company that built the pool also might be liable for defective work that causes injuries or a drowning. If you or someone you love suffers an injury in a swimming pool accident at a residence, community, or resort swimming pool, our experienced Inland Empire accident attorneys carefully investigate the circumstances of such incidents and diligently pursue the best result for our client. Schwartzberg & Luther, APC offers tenacious advocacy designed to obtain the best possible results for our clients.
Self driving vehicles are on the way, you can’t fight the future. The Huffington Post reported that autonomous cars will be the norm by 2026, and that we’ll all be passengers in our own cars by 2046. If you run a personal injury law practice you may not be sounding the alarm in the office hallway just yet, but you need to start thinking about how this will shape your practice. Some food for thought, MADD reported in 2015 that DUI cases in California “fell 6.5% among drivers under 30 in the markets where Uber operates” equating to about 60 less drunk driving crashes each month… still not concerned? Neither were DUI defense lawyers when Uber launched just 5 years prior, but this was solely the result of new technology disrupting traditional business.
Technology giveth, and technology taketh away. So if cars will drive themselves, the result will be far less car accidents and in turn far fewer new clients for a personal injury attorney. Many injury lawyers report that vehicle accidents represent 50% or more of their practice. With driver error out of the picture, and after driverless technology nearly perfects itself who will be getting into car accidents to support the injury law practice? At the moment Tesla, Mercedes, BMW and most other manufacturers have some sort of vehicle that can drive itself temporarily or at the very least adaptive cruise control. Regarding driverless cars, it’s really not a matter of “if”, it’s a matter of “when”. What to Expect in the Next 10 Years As this new technology unfolds, consumers adopt, and the limits are pushed there will undoubtedly be accidents caused by this burgeoning technology. Car and commercial vehicle manufacturers will be under investor pressure to put out driverless vehicles and some may not be road ready - there will be lawsuits to follow. The savvy personal injury lawyer will want to brush up on GPS technology, motion sensors, accelerometers, Artificial Intelligence microprocessors Etc. as these will be the verbal building blocks and concepts for motor vehicle accident cases in the near future. However, this will be a flash in the pan and eventually these cases will be settled, manufacturing will improve and technology will inevitably drive itself forward. So the question becomes this - If autonomous cars are on the way, how will the injury lawyer adapt or seize the opportunity that is forthcoming? Post your thoughts and comments below. Most drivers have been in the position of feeling their eyelids start to droop as they struggle to stay awake while driving on the I-215, I-15 or other roadways in the Rancho Cucamonga and Ontario area. Although it is extremely dangerous to drive after not sleeping or ingesting prescription medication that makes you tired, drowsy driving has become a significant traffic safety problem. Motorists throughout the Inland Empire are working longer hours to make ends meet and/or fighting tough commutes to Orange County and Los Angeles, which limits the amount of sleep a driver gets each night. This means that exhausted drivers frequently must fight to stay awake and concentrate on the roadway. Many drivers have had the experience of briefly dozing off only to wake up in a state of panic as their vehicle glides roughly over reflectors that separate lanes or drifts off onto the soft shoulder of the roadway. At freeway speeds, this brief “micro-nap” often requires a driver to desperately over-steer their vehicles back into the proper lane. Even the shortest period of loss of consciousness or lack of concentration can lead to fatal road departure and rollover accidents. Even if you are on a surface street on your way to the Ontario Airport, Victoria Gardens, or Ontario Mills, closing your eyes for even a couple of seconds can result in rear-ending another vehicle, driving into an adjacent lane, or plunging over the edge of an embankment. The growing frequency of car accidents in Rancho Cucamonga and the surrounding areas caused by sleep-deprived drivers is a product of a number of factors that contribute to the general trend of Americans getting less sleep. The lifestyle of most people in the Inland Empire and throughout Southern California involves working long hours followed by lengthy commutes. When family and parenting obligations are fulfilled after getting home from work, these long hours devoted to employment leave little time for sleep. There also has been an increase in the number of people diagnosed with sleep-related disorders, such as sleep apnea which is linked to higher rates of obesity and our aging population. The AAA Foundation reports some disturbing data regarding the growing danger posed by sleepy drivers. One in three drivers admitted to driving while extremely sleepy within the thirty day period prior to the study. While motorists might recognize the potential risk of driving without adequate sleep, a substantial number of motorists concede that they routinely ignore the danger. These results were consistent with a prior study conducted by the National Sleep Foundation (NSF). The NSF study found that sixty percent of all drivers admitted driving while extremely sleepy at some time during the prior year. This amounts to 168 million drowsy drivers putting other drivers at-risk on America's roadways. California residents should find it even more disconcerting that almost forty percent of drivers admit to actually falling asleep behind the wheel. Conservative estimates by the federal government indicate that more than 100,000 car accidents are caused annually by tired and fatigued drivers. A significant reason that lawmakers and law enforcement officers have not been particularly effective in deterring this dangerous practice is that drowsy driving is not viewed with the same sense of moral outrage as drunk driving. Many motorists who would never consider driving when intoxicated routinely operate their vehicle on less than an adequate amount of rest. In fact, approximately eleven million drivers admit involvement in a collision or a near-accident because of lack of sleep according to the NSF. Ironically, a study found that a driver who has gone 20 hours without sleep displays the same level of impairment as a driver whose blood alcohol concentration (BAC) is .08% (i.e. the legal limit for DUI in California). Sleep-deprived drivers typically experience a number of forms of impairment of their driving skills including:
Sources: https://www.aaafoundation.org/drowsy-driving https://sleepfoundation.org/sleep-topics/drowsy-driving https://www.mattressclarity.com/blog/everything-about-drowsy-driving/ Photo Credit: https://www.flickr.com/photos/31085717@N00/ Today, stepparents raise millions of children across the United States. Stepparent adoption is the most common type of adoption in the country, and thousands of new stepfamilies are created each day. Many California stepparents seek to adopt their stepchildren to establish a legal bond that can be vital in the future. Stepparent adoptions are easier to complete than other forms of adoption, but will still require adherence to deadlines and completion of several vital steps. Our family law lawyers at Schwartzberg | Luther assist stepparents in successfully adopting their stepchildren across California. The following is a look at some common questions asked by prospective stepparent adopters: How do I get started with adopting my stepchild in California? Your journey to adopting your stepchild should begin with a consult with a knowledgeable family law attorney. Your family law attorney will explain the process in-depth and start completing the necessary forms. Required stepparent adoption forms may include an adoption request form, adoption agreement, and adoption order, along with consent forms which will be discussed below. The forms will require all of your basic information along with that of the child’s. Once the appropriate forms and filed and fees paid, the court will dispatch an investigator who will issue a report concerning the adoption. Do I need to consent of both biological parents for the adoption to move forward? You will generally need both parent’s consent to adopt your stepchild, although there are exceptions to this rule under California law. Usually, you will not have a problem obtaining the consent of your spouse, but the other biological parent could pose an issue. The easiest course of action is to attempt to reach out to the absent biological parent if you know his or her whereabouts. Your attorney can assist you in this step. If the parent cannot be located or refuses to consent to the adoption, you still have options. Your lawyer will help you to prepare and file a petition for termination of parental rights. There are several potential grounds that you can raise in support of a petition for termination. These include abandonment of the child, mental illness suffered by the parent, felony convictions, and imprisonment, and more. The process of successfully terminating an absent parent’s parental rights can be complex, but with the help of an experienced attorney you can succeed in this process. Will I need to appear in court? Yes. Under California law, you will need to attend a hearing to complete the adoption. Your stepchild and the custodial parent will also be present, along with your lawyer. You can bring a camera with you to take a photo of you and your child to celebrate this momentous day. How long does it take to complete a stepparent adoption? The time to complete a stepparent adoption will vary depending on the unique facts of the case. If you have obtained the consent of both biological parents and there are no other major issues, the process may take as little as 120 days. If, however, the absent parent will not consent or other obstacles arise, the process can take far longer. Contact Schwartzberg | Luther, APC Today for Help With Your Family Law Needs Adoption can be a wonderful option for many California stepparents. The Rancho Cucamonga Family Law Attorneys at Schwartzberg | Luther, APC have assisted stepparents across the state in adopting their stepchildren. We will walk you through the stepparent adoption process to make it as stress-free and easy as possible. Our family law attorneys at Schwartzberg | Luther, APC offer dedicated representation to protect your legal interests. Call us today at (909) 457-4270 to schedule your initial consultation.
The process of vetting an attorney is already stressful for the person who's never hired one, add fake lawyer reviews into the mix and all hell breaks loose. If you've come across this article, you've probably searched something like "how to tell if a lawyer review is fake" or similar. Chances are good you're already suspicious that some attorneys are beefing up their profiles with garbage reviews. The stakes are high for an attorney, one client gained, (or lost), from an Internet search can be worth thousands of dollars or much more. So it makes sense that if they want to be perceived in the best possible light an attorney might try to "influence" their ratings on Yelp, Google, Yahoo and the numerous other rating & review websites. So here's how to spot the fakers:
That being said here's the lesson learned: Don't rely on one source of information when choosing an attorney. Do numerous searches, check the state Bar website for reports of unscrupulous behavior, interview more than one attorney, get a referral from a trusted friend or family member if possible and make an informed decision.
If you're looking for a lawyer in the Southern California area, here's a good resource on how to start your search, and if you'd like to research a local San Bernardino or Riverside lawyer and click to all their reviews from one spot, try our directory now. Please comment below if there are any methods I've missed, and if you're an attorney chime in and tell us your perspective on lawyer review websites. You may have stumbled across this article because you have no idea where to turn to find the best lawyer for your case. It seems that every attorney's website proclaims that THEY'RE the firm with the best track record and best results. Did you expect their website to say anything else? I've written before on strategies to choose your lawyer, which is a little different than starting the process to initially vet your lawyer... after all, before you talk to your potential attorney how do you research them to make sure they're even worth your time? In this article we've listed, in no particular order of importance, the top ways to thoroughly research your lawyer before you pick up the phone, and more importantly their relevance to your decision making process. It's important that you not put too much weight on any one website over another, but look for reliable, consistent and credible information. Martindale-Hubbell - This is the oldest directory and peer review rating system in the U.S. Most lawyers know about it, but most people looking for an attorney for the first time have never heard of it. Although many lawyers now consider Martindale-Hubbell out dated and "passé", it still has arguably one of the best methods for attorneys to rate other attorneys (also referred to as "peer reviews"): Highest - "AV Preeminent", Middle - "Distinguished", Lowest - "Notable". (Here's their methodology). It's important to note that most attorneys are not rated at all, so technically a non-rated attorney could potentially be a much better lawyer than even the highest rated attorneys. A lawyer must request or be nominated to participate, and some simply don't like the outcome. To add a bit to the confusion, some incredible attorneys choose to opt out of the process altogether. This could easily be the topic of a entirely separate blog. Yelp - This one is a bit obvious to some, but not to others. Most people think of Yelp to find a great restaurant, but not necessarily an awesome lawyer. If you look through the reviews you can get a good sense of how an attorney interacts with their clients. Most people who've hired an attorney and had a bad experience have no problem tossing their attorney-client privilege by publicly complaining about it. However, take these with a grain of salt. When a case involves someone's freedom, family or money people can become vindictive if the result is less than perfect - even when their lawyer did everything possible to get them an excellent result. Not to mention that anyone can write a Yelp review, and the person writing the review might have been the defendant in a case pursued by the plaintiff's attorney they're rating - just to be spiteful and harm their practice. Avvo - Avvo is a more popular directory and rating system among lawyers. It's very easy for a lawyer to publicly rate another lawyer, and for clients to post reviews. However, their interface is very long to scroll through and, it's our opinion that their peer review system is incredibly easy to game and manipulate. For instance there are some lawyers that have hundreds of reviews and endorsements from other attorneys... hundreds. Do you think lawyers like each other that much? If you look closely and long enough, you'll find that a pattern emerges and some attorneys have "traded" positive peer endorsements to help boost their individual rating, (read one lawyer's excellent rant here). So while we think their rating system is less than credible, it makes up a "spoke of the wheel" in finding a lawyer to talk to. California Bar Profile - Every attorney must maintain a public profile with their official name, address and telephone number. Also, their profile will disclose if they were ever disciplined for misconduct, suspended or disbarred. Although this won't give you any ratings or reviews, you can at least see if they've ever had trouble with the state Bar. Google - Duuuh. Seriously, if you do a name search and add the words "complaint", "review" or "rating" you can find almost anything positive or negative a person has had to say about a lawyer. That search would look something like "attorney John Q. Sample complaints" and brew a pot of coffee. The thing to keep in mind here is that there are multiple ways for you to validate an attorney and you shouldn't rely on just one. That's one of the reasons we developed InlandEmpireLawyers.com, an attorney directory for San Bernardino and Riverside counties. We decided early on to link directly to all of these resources directly within an attorney's profile. This makes your process much more efficient because you can quickly access each of these websites for a local attorney without having to take the time to do the legwork on each website. If you're an attorney what are your thoughts? Is there a better way than this to research a lawyer? When you pay a lawyer a "retainer" essentially you're paying the attorney in advance so they have a funds to bill hourly against. California Bar Rules of Professional Conduct 4-100 requires that these funds are segregated from the attorney's personal accounts and set up in a trust account. As the attorney works on your case, they bill you and pay themselves with funds from the retainer. A common misconception is that once you've paid a retainer you're done paying for your case. Unfortunately that couldn't be further from the truth. A retainer is basically an estimate of the dollar amount that the attorney thinks they'll initially use given the knowledge they have about your case. Every time a lawyer reads an Email, picks up the phone, shows up in court or writes a letter on your behalf they're billing against your retainer. If your matter concludes with a balance left in your trust account you will receive a refund on the unused portion of the retainer. If they have used the majority of funds from your retainer and still have work to do, you'll have to make another payment into your retainer trust. Most attorneys use this method of billing unless they are doing "flat fee" work, (usually matters with a very predictable amount of time & work), or contingency cases, (they get paid a percentage of your recovery). Usually criminal defense, family and business lawyers charge with a retainer due to the unknown amount of time and resources they'll need to dedicate to your case. Often bankruptcy and estate planning attorneys charge a flat fee because most of the work is forms and filing driven, and often personal injury attorneys, (and sometimes business & real estate litigation matters), warrant a contingency fee - no payment if no recovery. No matter what the payment arrangement, every lawyer will require a retainer agreement or some sort of letter of engagement that states you are hiring them. What if I have no money for a retainer? Depending on your case and individual circumstances you may not need the immediate retainer. For example: If you're suing someone regarding property, (or maybe going through a divorce and the sale of real estate with equity is eminent), you might negotiate for the attorney to be paid from proceeds of the sale. Also, ask if the attorney will accept a payment plan - many attorneys are willing to take your case if you are willing to make steady monthly payments. You should discuss this with your prospective lawyer as every situation is unique. We hope this information is useful and encourage you to share your experience in the comments section about a time when you paid a retainer and if there were any surprises. Are you a successor trustee? What happens when the settlor, or creator, of the trust dies? This process is called Trust Administration. Often, when clients come into my office, they assume that establishing a trust will take out all of the “work” required after their death. They could not be more wrong. Yes, having a trust is much to your benefit. However, whomever you appoint as your successor trustee needs to be prepared to get working after your death. There are six distinct steps in this process: (1) Notification; (2) Dealing with real property; (3) Collecting other assets; (4) Paying debts and taxes; (5) Accounting; (6) Distribution. Each step can be very involved and requires good record keeping. So, in choosing a successor trustee, keep in mind that the person must be able to handle a good deal of paperwork and financial responsibilities. Step One: Notification California Probate Code Section 16061.7 has several notification requirements. The successor trustee must notify all beneficiaries and heirs of the death of a settlor (or creator of the trust). The notification section is very specific and has different notification requirements for different situations. It is imperative that a successor trustee is aware of this requirement, as most do not realize their responsibility to act. Step Two: Dealing With Real Property Next, the successor trustee must deal with the real property owned by the settlor. If the trust was properly “funded”, then the real property should already be titled in the name of the settlor as trustee. So, at the settlor’s death, the successor trustee needs to record an Affidavit of Death of Trustee and Consent of Successor Trustee, along with a certified copy of the death certificate, against each real property held in the Living Trust. When it is recorded, it changes the title of the property from the the settlor who has died and into the names of the new trustee(s). If the trust was not properly funded, there may be an issue. However, not all hope is lost. There is an option for a Heggstad Petition, which is a request of the court to transfer real property to a Trust after death. This is not ideal, but it is an option. In addition to the above, there will be a few other forms need by the recorder’s office. Step Three: Collecting Other Assets Once the real property is handled, the next step is collecting all other assets (i.e.: bank accounts, investment accounts) and have the title to those assets transferred into the successor trustee’s name. Getting a Federal Tax Identification Number is needed to complete this step. The successor trustee should NOT use his or her own Social Security Number. Step Four: Paying Debts and Taxes After ascertaining all assets, the successor trustee then determines taxes and debts. To determine whether a federal estate tax return (Form 760) must be filed for the deceased settler, you will need to add up the total value of the decedent’s estate, including both trust assets and non-trust assets. If the total value of the estate is more than the exemption amount, then the successor trustee has nine months in which to file the Form 760. The basic exclusion amount for decedents dying after December 31, 2014 is $5,430,000.00. Even if the estate does not own estate and gift taxes, the successor trustee will be responsible for filing a final income tax document for the decedent. Please be aware that a trustee can be held personally liable for unpaid taxes. Step Five: Accounting The successor trustee must keep a detailed report of the trust assets, all money spent in winding up the decedent’s estate, all deposits into the trust and all disbursements from the trust. Some trust documents will waive this requirement; however, it is still a best practice to keep a record, to protect against any liability. Step Six: Distribution The final step is the distribution. This is a very important step in the process as well. The trust agreement will detail out how property is to be distributed. However, there may be some caveats to outright distribution. There could be creation of sub-trusts or on-going trusts. It would be best practice to get a court approval on a distribution if the trustee is at all concerned about liability. As you can see, trust administration can be confusing and anything but clear cut. If you need further information contact one our featured estate planning, trust & probate lawyers to schedule a consultation. If this is your first offense of personal use of an illegal substance, there are options to help preserve your criminal record and get the help that you need. California Courts offer a program, called PC 1000, which allows certain offenders the option of “Deferred Entry of Judgment”. In order to be eligible for this program, you must meet each of these requirements:
Once eligibility is determined, you will have to enter a plea of guilty to the charged offense. Basically, you will plead guilty, but the court will postpone your sentencing, giving you time to complete the PC 1000 program. After you plead, your case will be sent to the probation department to help determine which course of treatment and education is most appropriate given your personal situation. Aspects of the PC 1000 program include: group counseling, individual counseling, random drug testing, education on drug use, and self-help drug programs. Each case plan is different, tailored to the individual. After a course of action is selected, it is up to you to successfully complete the diversion program. Upon successful completion of the program, you will go back to court to provide proof of completion. At that time, the judge will withdraw your previous guilty plea and dismiss your case. PC 1000 is an excellent program, helping to preserve your criminal record and therefore your future. It is extremely important to contact an Inland Empire criminal defense attorney, if you believe that you could qualify for this program. Chances are good that if you’re an attorney you’ve had one of the big 3 yellow page companies calling and showing up in your office trying to sell you some combination of a website, online advertising and phonebook advertising. Dex Media, Hibu and AT&T are in the hurt locker and their phonebook business is all but dead. (In fact, Dex Media recently emerged from another bankruptcy in the last 7 years in August, 2016 (*Updated May, 2017). IYP, (Internet Yellow Pages), is an industry with little growth - besides the dollars they migrate from clients ready to cancel their print ads… But that’s just robbing Peter to pay Paul. They need a growth mechanism and their only hope is online. In their heyday, lawyer advertising was around 20% of yellow page revenue. The only way you could find a lawyer pre-Internet was in the trusty phonebook. Then around 2005, businesses started getting up and walking away from phonebook advertising, but the yellow page industry was ill-equipped to replace the print revenue with online dollars. Below are probably the 5 best reasons you should not get involved with a yellow page company when it comes to marketing your law firm online.
*May 2017 UPDATE: There should be a #6 on this list that was an oversight which was recently brought to my attention by a subscriber. 6. Boiler plate design & content. Yellow page companies don't just recycle their phonebooks, they recycle the same website content and designs over and over again. An article from New Zealand reveals that the local YP provider just copy and pasted the same website for 3 different customers, only changing the logo and contact information. While I haven't seen this egregious degree of fraud happening in the US, after visiting numerous YP produced websites you'll immediately notice that they all have the same general layout, stock photography, generalized content and look & feel. Hopefully you’re finding this article before signing a contract with a yellow page company and not reading this and mentally checking off all the things that happened to you. If you are in need of a website proctology exam, your best bet is to find a local attorney marketing expert if you're not sold on the idea of hiring one of the large legal marketing mills.
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