3 of the Most Important Characteristics of Successful Law Firms

There may be times in your life when you’ll need the services of a law firm, and surely you won’t hire just any firm, it has to be a successful and reliable law firm. Hence, it is important to know the traits of a successful law firm.

While there could be many traits that determine a successful law firm,  let us just discuss some of the most important ones:

Successful Law Firms Are People-Oriented and They Value Quality

While knowledge and skills are vital for the operation of any business, it takes a good heart to succeed. Competent lawyers do not just master the art of presenting themselves intellectually and fully armed with all their great knowledge in the court, but they also try to master the art of kindness. Thus, they understand their clients, their peers, their secretaries, and everyone they meet, even those who have lower ranks or status in their office. In other words, they also establish good human relationships. This is important because the nature of their work necessitates them to interact with people, and it follows that they communicate well among themselves.

Successful Law Firms Are Cooperative and Open-minded

They do not have the “all-knowing” kind of attitude. It is when lawyers think that they are the only ones who know everything that they most likely fail. These types of lawyers often think they won’t be needing other people anymore as they are conceited enough to believe only in themselves and their own ability.

Successful law firms have lawyers who believe in themselves and in their ability, yet they also recognise the fact that they still need to listen to others’ ideas to help them attain success even more easily. Thus, they trust other people and accept their help when they need it or when it is offered to them. They are also willing to share their ideas with their business partners and are ready to return the favour and help them as well.

Successful Law Firms Are Respectful, Honest and Trustworthy

Being in a law firm means to respect, trust and be loyal to the goal of the firm without having to compromise one’s own values and individuality. While every lawyer working at a particular firm remains unique as individuals, they are always loyal to their commitment to uphold their principles and values as a team, and they do not betray each other’s trust.

Law firms like these can readily help clients in attaining their goals. Fortunately, there are a good number of law firms that do have these characteristics and can be trusted. In Richmond, one of the  law firms that you can really trust is Cohen Buchan Edwards LLP. Check out their website at http://www.cbelaw.com/.

4 Examples of Basic Business Law Concepts Entrepreneurs Should Know About

If you own a small business, you must have basic knowledge on the legal aspects of running a business. With the internet allowing you to do business with anyone throughout the world, it is necessary to understand the local rules and regulations of doing business in different parts of the world, or at least, in your own area or location.

You need to have a general understanding of business law as it is the most important aspect of being a successful business owner.

To help you out, here are some basic concepts of business law that are essential for you to completely understand:

• Hiring Employees

As an entrepreneur, you are bound to strictly follow all the requirements set by your local government when it comes to hiring employees. Hence, you need to completely understand your obligations as well as the employee’s rights on issues concerning discrimination and harassment, termination, safe working conditions, wages, and privileges.
You should also be knowledgeable in regards to the provisions in a contract to ensure that they are fair to both parties.

• Safe Working Conditions

It is your responsibility as an employer to ensure that your employees are always safe while performing their duties, so you should provide them with a work area that is conducive to a friendly atmosphere and free from health hazards. You’ll be penalised if you fail to comply with the government requirements that stipulate this.

• Honesty in Advertising and Marketing

Being in business means serving the people by promoting your products and services in all honesty. In other words, you should not mislead people into buying something which is actually different from how you present it. You should support all your claims with solid proof. The law on this is even made stricter when you market to children as they can be easily fooled.

• Responsibility in Paying Your Taxes

It doesn’t matter if you have a small or a large-sized business, you have to give the government what they deserve through paying taxes religiously. In order to ensure that you are paying the right amount, you need to consult an accountant in case your business doesn’t have its own dedicated accountant. This way, you’ll be enlightened on issues concerning your taxes.

These are a few of the most important things that you should fully understand when running your own business. To ensure that you’ll not miss out on anything, you can always ask for help from law experts like the lawyers at Cohen Buchan Edwards LLP.

If you are in Richmond you can come to their office and personally discuss everything you need to know about business law with them. You can also visit their website at http://cbelaw.com/services/business-law/.

A Quick Guide to Discussing Your Estate Plan with Your Family

It is normal for people to sometimes think about what will happen when they die. They worry about their children, their homes, their cars, their money and more.

You might be one of these people, and you might find it difficult to discuss this with your family, especially if you don’t have an estate plan. Estate planning is the process of anticipating and arranging for the disposal of his/her estate during a person’s life.

The purpose of this is to eliminate uncertainties over the administration of a probate and to maximise the value of the estate by reducing taxes and other expenses.

Fortunately, there are a good number of guides and steps you can take to be able to discuss this smoothly with your loved ones.

Preparation Is the Key

When you decide to discuss your estate plan with your family, make sure that you are prepared for all the questions or maybe the worries that they also have.

• The first thing you should do is to choose an important decision maker, and make sure that he or she has the skills needed to carry out the job really well.

For instance, the person you’ll assign to be the executor of a will must be able to gather assets, prepare paperwork, handle finances and deal with potential family disputes, because if he/she fails to do all these, there is a very likely chance for serious family problems to occur.

Hence, you should choose your executor based not only on emotions or arbitrary factors like it should be the oldest child or one who might be offended if not chosen.

Furthermore, being an executor is a difficult and demanding job, thus you need to choose a person who is completely capable to handle the job. It is also necessary to discuss these things with an experienced attorney or confidant before making your selection.

• You should also prepare your paperwork before your family meeting.

Your lawyer can help you make the best decisions possible and put them into writing. This way, you can reduce possible misunderstandings about your wishes.

• You also need to consider the questions and concerns that may arise during your family meeting.

Your family might need further explanation on your basis for choosing your executor, so be prepared to justify your choice.

Come Prepared for Business

During your meeting, let your family know your decisions and emphasise that it is really important for them to support you and each other. You can also provide them with copies of your documents so your family will be guided, and it will be easy for them to ask questions.

• You should be prepared to answer potential questions.

Despite the fact that this may be an uncomfortable topic to discuss with your family, you have to make them understand that the ultimate decision as to how you handle this is yours. If you find it necessary, you can even terminate the meeting. You also need to ensure that your family knows that your decisions may change as time goes on.

To make things much easier for you, work with lawyers who have enough knowledge and experience. In ​Richmond, you can consult a law firm with experts in estate planning – Cohen Buchan Edwards LLP.

We Help You Resolve Legal Business Issues

When you start your business, it is only natural for you to make sure that everything is done well because the last thing you want to have is a legal issue, as this can sink your company. This is especially true when you have a small business.

Small businesses are often prone to making legal mistakes, some of which can be disastrous and difficult to recover from. Learn about the common business problems that small businesses usually face so you can avoid them:

• Not Having Good Written Agreements

Put all your important business agreements into writing. This is because oral agreements are usually difficult to enforce and track especially when you need to take legal action. You also have to make sure that your contracts are well thought-out, drafted in your favor, and give you flexibility and protection.

• Not Having an Experienced Corporate Attorney

It is important for a growing business to avail of the services of an experienced lawyer, as there may be times when they can be confronted with legal issues such as stock-option plans, employee negotiations, state and federal tax issues, and the like. While it can cost a little more to hire specialized attorneys, in the long run, you can end up saving a lot more compared to hiring inexperienced ones.

• Ignorance of the Law

It is not a wise decision to ignore legal issues just because the laws are numerous and complex. You should have a little knowledge about the following basic areas of the law to keep you out of legal hot water:

1. Basic contractual rules
2. Laws on copyright, patent, trade secrets, confidentiality agreements
3. Major employer-employee laws
4. Security laws affecting how you can raise capital for your business
5. Governmental regulation of your industry

• Having No Proper Corporate Records

Small businesses usually do not keep the required corporate records. Do not allow this to happen to your small business as it can cause problems with the Canada Revenue Agency (CRA), and it can also hinder you from raising equity capital.

• Getting Involved in Litigation

It is important to remember that litigation fees can be very costly and can quickly drain your time and resources, so when confronted with some minor issues, you can opt for a mediation or arbitration. This way, you can avoid spending too much; and you will have peace of mind as well, thus allowing you to focus on making your business even more progressive.

• Ignoring Intellectual Property Issues

Failure to protect your intellectual property can be detrimental to the future success of your business. For instance, you should require your employees and consultants to sign confidentiality and invention assignment agreements, and put copyright notices on your written information, etc.

In cases where you are not sure what to do, discuss any potential issues with an experienced attorney. Doing this can help you avoid any severe consequences that overwhelm many small business owners. If you need help in finding the right lawyer for your business, you can consult some reliable law firms like Cohen Buchan Edwards LLP. They are one of the names you can trust in Richmond. They can also help you with other legal matters like estate planning. Learn more about their services by checking out their website at http://cbelaw.com/services/business-law/.

Why Do Some Situations Call for a Lawyer?

As society grows and becomes more complex, so does the role of lawyers. Lawyers are professionals and experts at interpreting the law through actions and words to protect an individual, a business concern, or an idea.

Although not every legal matter requires the assistance of a lawyer, there are many situations that necessitate their advice, such as legal disputes, challenges, or deals.

This means that there are times when you do need to hire a lawyer, and below are the top reasons:

• The Law Is Not Easy to Comprehend

Obviously, ordinary people cannot fully interpret the law as it is not that easy to understand; so, if you are not a lawyer, do not act like one. For instance, in starting a business, reviewing a contract, or starting other endeavors with potential legal consequences, you should ask help from people who have the right knowledge and expertise in law so you can save yourself from possible pitfalls.

•  Lawyers Know How to Challenge Evidence

Your lawyer will know if certain evidence against you is fabricated or that the testimony of a witness does not match with an earlier statement. He can also tell if a crime lab handles the evidence properly.

• Lawyers Can Handle Legal Procedures Correctly

Lawyers know how and when to file certain legal documents as well as to fill them out, and they are aware that one late or incorrect filing could derail your case, delay a legal procedure, or even have the case dismissed.

• They Have Extensive Knowledge about Pleadings

You do not necessarily have to plead guilty even if there is an evidence against you. A good lawyer can fully explain your options so you can avoid severe penalties even before a criminal trial begins.

• Lawyers Can Help You Avoid Problems

By giving you the right advice especially with legal issues like signing a contract whose fine print you do not fully understand, your lawyer can help you avoid potential legal headaches. This is because they understand the law much better than you do.

• Lawyers Can Help You Get a Good Settlement Offer

An experienced lawyer may have already handled cases similar to yours, so he at least has an idea of what to do exactly with your situation. He can also tell if a settlement is the best choice or if it can help you more to put your case through a trial. Furthermore, through your lawyer, you are more likely to get a fair settlement with the opposing party.

•  Most Lawyers Offer a Free Initial Consultation

Many lawyers are willing to meet you for free during a face-to-face consultation; this can give you an idea of the type of case you have, and it can help you decide whether you actually need to hire a lawyer or not.

If the situation you are in necessitates the assistance of an attorney, you can check out different law firms to know which one can help you best. In Richmond, you can visit Cohen Buchan Edwards LLP. They can help you with a variety of legal cases and concerns, including estate planning. To know more about their services, you can check out their website at http://cbelaw.com/services/.

Who Gets What during a Divorce?

The law declares marriage as an equal partnership. This means that whether a spouse is just doing household chores or working for the family income, their contribution to the relationship is equally important; but when a marriage ends, the partnership will also be over and whatever property or assets the couple has will be divided equally. This is possibly one of the most difficult parts of the divorce process for most divorcing couples.

Good thing though that there are some couples who are able to talk peacefully about the matter and negotiate properly on who gets what, which is obviously the best way to handle this issue. Let us discuss further to find out how can this process be done harmoniously:

•  Make a List of Your Assets

You need to make a list of all the assets that you own together to let your spouse know about everything you both have acquired during your marriage. You need to be completely honest about this since both of you have the right to know the correct financial information about each other. If one of you hides some of his/her assets, he/she can be subject to serious penalties. Thus, it pays to be honest when declaring your properties.

• Identify the Value of the Property

Make sure you agree on the value of your property. If the property you need to divide includes a house, a business, or anything you cannot appraise, ask help from your chosen outside authority. If you have a debt or mortgage associated with any item, you need to subtract the amount of the debt from its value so that you list its net value.

• Decide on the Logical Owner

You need to agree whether it is reasonable that each of you would own a piece of each property. Start deciding on items that have the highest value down to the lowest.

• Get the Judge’s Approval

Whatever decision you and your spouse come up with concerning your conjugal property, the court will normally respect it. They will only interfere when a spouse who doesn’t have a lawyer seems to agree on receiving less than half of the property. When this happens, the judge will ask a few questions to be sure that no one is taking advantage of the other. This scenario is more likely if the divorcing couple takes it upon themselves – without any legal assistance whatsoever – to divide the property.

However, if they cannot do it, both of them may need to hire lawyers to negotiate on their behalf or even go to court and ask a judge to divide their property.

If you are in Richmond, there are reliable law firms that offer assistance when it comes to divorce and other cases of family law. One of which is Cohen Buchan Edwards LLP. To find out how they can help you, visit their website at http://cbelaw.com/.

What You Need to Know about Estate Planning

Though many would claim that life is simple, there are some things or some situations that can complicate it. For instance, if both parents die at the same time and they have not yet assigned their properties to their children, this can create chaos among the heirs or even among relatives. This is one of the reasons why estate planning has become very popular these days.

Estate Planning is the process of anticipating and arranging for the disposal of a person’s estate. This is done by the estate owner himself to make certain that his family and loved ones are provided for adequately even after his death or when he becomes incapacitated.

An estate refers to everything that you own such as a car, home, piece of land, checking and savings accounts, investments, life insurances, furniture, and personal possessions. These are things which you can’t take with you when you die. It is therefore necessary to make a plan in advance as to who you want to inherit all these when you die. To make estate planning easy for you, here are a few steps that can serve as your guide:

• Make a Will

A will is important because it is there where you state who do you want to inherit your property and who you want to appoint as a guardian who will take care of your young children should something happen to you and the other parent.

This is to ensure that your chosen heirs will get the assets you intend to leave to them; you then have to assign an executor who will be responsible for paying all your debts and for distributing your remaining estate according to your wishes.

However, the case would be different if you die without a will. When this happens, your property will be given to your survivors based on your state’s laws of intestacy; your spouse and your children will then divide your legacy. If you are single, it is your blood relatives who will receive your assets even if you would have preferred a friend to inherit them.

• Consider a Trust

A trust is an arrangement where a person, called a trustee, holds the legal title to a property for another person, called a beneficiary. You are also allowed to be the trustee of your own living trust, which would mean that you have full control over all property held in trust.

One good thing about holding your property in a living trust is that it will be easy for your survivors to get their inherited property, as they don’t have to go through probate court anymore, which is a time-consuming and expensive process.

• Make Health Care Directives

You need to put your preference for health care into writing, as this is an assurance that your wishes will be granted in case something happens, and you can no longer make medical decisions for yourself. This includes a health care declaration (“living will”) and a power of attorney for health care, which gives power to your chosen person to make decisions in your behalf.

• Make a Financial Power of Attorney

This gives authority to the trusted person to handle your finances and property in case you become incapacitated and unable to handle them yourself. This person is called your agent or attorney-in-fact, but he doesn’t have to be an attorney himself.

• Protect Your Children’s Property

There must be an adult who will manage any money and property for your children who are still minors; you need to put his/her name in your will. He/She can also be the same person as the personal guardian you name in your will.

• File Beneficiary Forms

When you have specified the name of a beneficiary for your bank accounts and retirement plans, your account is automatically “payable on death” to your beneficiary, and the funds are allowed to skip the probate process.

• Organize Your Digital and Paper Files

It is necessary that you organize your estate-planning paperwork and financial records, and put them in a safe yet accessible place while keeping the original documents in your lawyer’s vault or safe deposit box at home. You should also know that if your spouse or any family member is not the co-owner of your safe deposit box, there is a need for your executor to file a petition with the court for permission to open it.

These are just a few of the important steps in making an estate plan. If there are some clarifications that you need to make, you can ask help from professionals who are experts on this, just like Cohen Buchan Edwards LLP. We have helped a number of clients in Richmond make their estate planning successful.

The Important Role of a Lawyer

It is common knowledge that lawyers have a very significant role in the society; a lawyer is someone who has formal training in the law, which equips them with the right knowledge in their particular area of expertise and within the jurisdiction of their region.

Lawyers are important because they legally represent their clients and assist them with a wide range of cases when a layperson could not, or cannot represent themselves.

In cases when you need a lawyer, just make sure that you deal with the best one for you. To help you out, here a few tips that can serve as your guide in hiring the right lawyer:

• Thorough and Responsive

During your first meeting with the lawyer, you can most likely already determine whether he is detail-oriented and will be responsive to your needs; you can try and trust your instincts. Make sure to ask the attorney if it’s alright to call him throughout the case to discuss any concerns you may have. If he balks at the idea, it might mean you’ll have trouble in the future trying to give your thoughts and get answers to your questions once the case starts.

You should also ask if you will be given regular updates on the status of the case in writing or by phone. Another important thing that you should know is if the attorney will be the main point of contact, or will he assign a paralegal to communicate with you? Bear in mind that you need to have an attorney who is communicative.

• In Your Price Range

You need an attorney who is highly qualified to take care of your situation and whose services you can afford, so you should inquire about costs at the outset of the initial meeting. Moreover, it will be good if you can have an estimate of what litigating the case will cost in writing. Then, you need to secure a contract that will spell out the maximum costs associated with trying your case to avoid any unwanted surprises.

• With Experience

Hire an attorney who has extensive experience in the area of law for which you require his services. For instance, a lawyer with estate planning experience to draft your will, a divorce attorney to draft divorce papers, or a trial lawyer to defend you in a criminal case.

This way, you can be assured that he is reliable enough to handle your situation.

There are actually several law firms that can assist you for your legal needs; you just have to choose the best one. At Cohen Buchan Edwards LLP, we have excellent lawyers who are willing to help you out as we are one of Richmond’s most reliable law firms.

The Legal View on Hit-and-Runs

You’re speedily driving to work on a Monday morning after waking up only an hour ago. However, as you hurry to the next traffic lights, in your hastiness and recklessness, you fail to brake in time and slam into an innocent pedestrian crossing.

Fear, then panic, instantly rushes through your body. Your first instinct is to leave the scene and get to work as soon as possible, unbeknownst of the pedestrian’s condition.

It goes without saying that failing to stop at the scene of a vehicular accident is a crime punishable by law. In this article, we’ll get a deeper understanding of the legal implications behind hit-and-runs, both nationwide and here in British Columbia.

s. 252 of the Criminal Code of Canada

According to the Canadian Criminal Code, you would be charged under s. 252, otherwise known as “failure to stop at the scene of the accident,” and “with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft…”

The punishments under this law are harsh, to say the least. You could face five years in jail just for not stopping, and ten years if you caused bodily harm to the other party. Also, if the victim has injuries or dies, either immediately after the accident or due to complications, you’ll likely be facing further charges. These would include criminal negligence, manslaughter and other crimes.

British Columbian Law

In addition to the federal code, the province also has its own hit-and-run law. In s. 68 of the Motor Vehicle Act, also called “duty of driver at accident,” the vehicle operator is required to either remain or return to the accident scene, assist with possible injuries of people involved, and give as many pertinent details as possible.

Civil Cases

On top of the various criminal charges you’ll have, there’s a big chance you might encounter civil lawsuits as well. This could include being charged with negligence, aside from criminal negligence, as it is the responsibility of the driver to care for any individuals involved.

In the end, if you’re in a road accident with another party, the most logical thing you should do is stop at the scene and help with the treatment of any injuries and any information required. Although instincts may tell you to get away as soon as possible, you’ll pay for the tougher consequences sooner or later.

Contact Cohen Buchan Edwards LLP, a reliable law firm in Richmond, for any legal advice that you need.

Dealing with a Death in the Family

As much as we’d rather avoid talking about it, death is an unfortunate part of life, especially if it occurs within the family. It’s all the more distressing if the death was a sudden or unexpected one. Aside from the emotional process, you also have to deal with the financial burdens associated with it, especially if no pre-paid funeral plans were in place.

Though the circumstances surrounding the death may differ, the process after a death in the family is generally the same.

Here, we’ll go over a few important points that you should know regarding a family member’s death here in British Columbia.

Funeral Costs

Unfortunately, one of the biggest headaches families have after the death of a loved one, aside from the emotional strains, is the expenses associated with the funeral. They can cost anywhere between $1,000 and $12,000, aside from a ‘professional service fee’ from the funeral director regarding transport, the death certificate, among others.

Be sure that the funeral home you choose gives you a General Price List, itemizing everything related to the burial, like the embalming, casket/urn, etc.

Cremation

You might want to opt for a cremation instead of a burial. Its advantages include fewer expenses compared to a traditional funeral as you won’t have to worry about the casket, grave site, and other burial costs. Also, if you’ll be moving to another place, the remains can easily be transferred.

Here in British Columbia, you must wait at least 48 hours after the death of the family member before proceeding with cremation, unless requested by health personnel.

Death Certificate

Upon selecting a funeral director, they will typically obtain the required documents such as the medical certificate of death and the death certificate. They will also inquire the number of original Death Certificates that you need, issued by BC Vital Statistics. Organizations may sometimes need either the original or a notarized copy though others will accept a regular copy.

Planning Ahead

It’s better to prepare for the funeral of a loved one in advance as a way of easing the pressure off any inevitable burdens. Preplanning a funeral can be paid either by installment or a lump sum.

However, if you make plans for a funeral ahead of time, discussing it with all the family members is imperative. That way everyone would know what would happen, as well as what his/her standing is within any wills or other such estate plans.

Although death is unavoidable, there are steps you and your family can take to make that transition in life go as smoothly as possible. For more help and information, talk to the professionals in family law in Richmond at Cohen Buchan Edwards, LLP.