I Know a Lawyer

What is the status of immigration law in 2021 under the Biden Administration? In this episode of I Know a Lawyer, I speak with Rebecca Freeman of The San Francisco Law Group about immigration law and specifically the state of immigration law in 2021. She discusses:

• Basic framework of immigration law
• The difficulties under the Trump Administration
• What changes the Biden Administration is making
• Employer/employee based programs, including for entrepreneurs

Thank you to Rebecca for joining the show. If you have questions for Rebecca, reach out to her at her website: www.sanfranciscolawgroup.com. 

I Know a Lawyer is brought to you by the law firm McKenna Brink Signorotti, which is a boutique law firm in Walnut Creek, California. Reach out to us if you have legal issues regarding civil litigation, tax & estate planning or business transactional law. Find us at mckennabrink.com.

This podcast is for informational purposes only. Do not rely on a podcast for legal advice.

What is the general process for a commercial property transaction? What key areas should a buyer and seller be aware of? On this episode of I Know a Lawyer, I speak with Shawn Harding of Clarity Law about commercial property transactions. We discuss:

• General process of the transaction
• Key terms and components to pay attention to
• Importance of title policies
• Distinctions for transactions for development
• What if the deal goes sour?

Thank you to Shawn Harding of Clarity Law for joining me on the show. Shawn has extensive experience in commercial transactions and is a great wealth of knowledge on the topic. If you have questions for Shawn, contact him at his website: claritylaw.net or email him at sfharding@claritylaw.net.

I Know a Lawyer is brought to you by McKenna Brink Signorotti LLP, located in Walnut Creek, California. 

As always, this podcast is not intended to provide legal advice. If you need legal advise, contact an attorney. Don't rely on podcasts. 

How does mediation work? Are there certain disputes that mediation can help with? In this episode of I Know a Lawyer, I speak with Karen Juster Hecht about her mediation practice and how mediation works. In the show, Karen discusses:

• How mediation works 
• Types of mediation 
• Benefits of mediation 
• Challenges/disadvantages 
• Mediation in a pandemic
• Why mediation is relevant today

Thank you to Karen Juster Hecht for joining the show. I hope you learned more about mediation and its place through our discussion. Contact Karen via her website or call her at 510-210-3796.

As always, this show is brought to you by McKenna Brink Signorotti LLP, located in Walnut Creek, California. 

This episode is not meant to provide legal advice. Don't rely on podcasts for legal advice, contact an attorney instead.

Got sued? Don't know what to do next? Then listen to this episode of I Know a Lawyer with Mika Domingo of MS Domingo Law Group, PC. Mika provides 8 tips on what to do when you are being sued. Mika is a trust and estate litigator with a full litigation background. She provides some excellent tips that every person should know so they don't panic or miss out on important litigation deadlines. In the episode, Mika discusses:

• The importance of remaining calm and reading the documents carefully (02:01)
• Gathering information at the beginning of the process (06:52)
• Choosing the right attorney for you (09:10)
• Different options on how to respond to the lawsuit (10:44)
• Properly assess your finances (15:21)
• Improperly assuming your attorney's fees will paid by opponent (17:50)
• Listen and trust your attorney (19:41)
• Be prepared for a long case potentially (22:14)

Thank you to Mika Domingo for joining the show today. You can contact Mika at her website here, or call her at 925--891-5006. 

Stay to the end of the show to listen to a special announcement about I Know a Lawyer.

As always, this podcast is brought to you by McKenna Brink Signorotti LLP, located in Walnut Creek. Check out our website at mckennabrink.com. The podcast is not intended to provide legal advice. Consult an attorney for legal advice, not a podcast. 

Heard about the major change the Proposition 19 is going to make? Curious how the Proposition affects the parent-child transfer of real property? Then I got you covered. In this solo episode of I Know a Lawyer, I go over the basic framework of Proposition 19 and how it will affect parent-child property tax transfers. In the episode, I discuss:

• Current Prop 58 law basics and transfers of property other than the primary residence (01:49)
• Prop 19 effective date and how it will eliminate exemptions for transfer of non-primary residences (04:50)
• Two prongs of Prop 19 and requirements (06:50)
• Example of transfer of home and partial reassessment upon transfer (08:38)
• Other tax considerations before jumping to transfer before deadline (10:35)
• Other possible solutions (13:12)

Find a handy chart from the Board of Equalization regarding the change here.

If you have a questions about Prop 19 or whether you should transfer your property prior to February 16, 2021, contact me at 925-433-5447, ryan@mckennabrink.com or reach us through our website at mckennabrink.com. 

This podcast is for educational purposes. Don't take legal advice from a podcast, contact a lawyer instead for advice tailored to your situation. 

How many of us lawyers really understand that California has an entire state bar court just for attorney discipline? Or how the disciplinary process really works? Lucky for us, Tom D'Amato of D'Amato Law is here to educate us. In this episode of I Know a Lawyer, I speak with Tom about the attorney discipline process as well as how the State Bar Court of California operates and its unique position in the country. We discuss:

• How the state bar works and its purpose (02:42).
• Attorney discipline process (03:46).
• How complaints against lawyers are processed and mostly dismissed (05:44).
• Investigation phase by by the Office of the Chief Trial Counsel (09:40).
• Attorney's opportunities to respond (15:04).
• Settlement options that may remain private (17:06).
• State Bar Court hearing and review (22:31).

Thank you to Tom D'Amato for joining the show. I think all attorneys could learn a thing or two from listening to Tom's presentation. Contact Tom at damatolawcorp.com. Check out Tom's presentation on this topic here. Thank you for listening and if you enjoy the show, hit subscribe so you don't miss out on any future episodes. 

This podcast is brought to you by McKenna Brink Signorotti LLP, located in Walnut Creek, California. As usual, this podcast is not intended to provide legal advice. If you need legal advice, contact an attorney, don't rely on podcasts.

Have you heard that immigration law is changing in 2020? What about how the executive branch has made substantial changes? In this episode of I Know a Lawyer, I speak with Matthew Olsman of the Law Office of Matthew Olsman. Matt is an expert in immigration law and with his criminal law background, has a unique perspective into immigration and how it impacts several areas of the law. In this episode, we discuss:

• Overview of applying for immigration benefits (01:03)
• Options for people without "status" (03:30)
• Process of an application (05:10)
• Asylum and what is actually means (07:36)
• Executive Branch's exertion of power over immigration law (13:34)
• Post-criminal conviction relief (18:38)
• Resources for attorneys (23:87)

Thank you to Matt Olsman for joining the show. I learned quite a bit about the continuous wave of change underway in immigration law currently. Contact Matt at (818) 308-4068 or email him at matt@olsmanlawfirm.com. Also check out his website at OlsmanLawFirm.com. 

This podcast is brought to you by McKenna Brink Signorotti LLP and nothing in this episode or any episode of I Know a Lawyer is meant to be taken as legal advice. If you need legal advice, call an attorney, don't rely on podcasts.

Should we trust the trustee? Do trustees really steal from the trust? Maybe not, and yes, they do. On today's episode of I Know a Lawyer, I speak with Scott Rahn of RMO LLP about bad trustees and their bad actions, including theft. Scott is a top-notch trust & estate litigator who has seen the full range of bad trustee actions. In the episode, we discuss:

• Trustee's failure to provide information. (01:21)
• How a lawyer can help break the ice between trustees and beneficiaries. (03:27)
• Can a Court compel an accounting even if waived in the trust? (06:43)
• Two most common examples of bad trustee actions. (08:55)
• Trustee's fiduciary duty and acting on behalf of the beneficiaries. (11:40)
• Example of a truly bad trustee. (14:20)

Thank you Scott Rahn for joining me on the show. I thoroughly enjoyed the conversation. If you have questions for Scott or his team at rmolawyers.com, reach out to them or give them a call at 424-320-9444. 

This podcast is brought to you by McKenna Brink Signorotti LLP and nothing in this episode or any episode of I Know a Lawyer is meant to be taken as legal advice. If you need legal advice, call an attorney, don't rely on podcasts.

Curious about how Special Needs Trusts work in California? Or about the difference between a 1st party SNT and a 3rd party SNT? On this week's episode of I Know a Lawyer, I discuss Special Needs Trusts with Elijah Keyes of Keyes Law Group. Elijah is a Certified Legal Specialist in Estate Planning and has extensive experience and knowledge in Special Needs Trusts. In the episode, we discuss:

• The difference between 1st party and 3rd party special needs trusts. (01:30)
• California's ability to make an estate recovery claim against 1st party trusts. (05:01)
• The benefit of having both 1st party and 3rd party trusts. (09:44)
• What a trustee can and can't do. (12:30)
• Pitfalls. (16:28)
• Special needs trusts for persons with addiction problems. (19:37)

Thank you to Elijah for joining me. I learned a great deal more about special needs trusts and I hope the listener did as well. Contact Elijah Keyes at 408-444-7019 or find him at his website: keyeslawgroup.com if you have questions about special needs trust. 

This podcast is brought to you by McKenna Brink Signorotti LLP. 

Welcome to a special edition episode of I Know a Lawyer. In this episode, I, Ryan Lockhart, go solo in order to convey certain key pieces of information about California Property Taxes. In the episode, I discuss:

• Prop 58: The Parent-Child Transfer Exclusion
• Entity rules with respect to property tax reassessments
• Two sub-rules for entities to know in order to mitigate reassessment
• Prop 15 on the November ballot

Thank you for listening to this special solo edition of I Know a Lawyer. Next week, we will return to our original programming. If you have any questions about property taxes and any of the sub-topics I discussed in this episode, contact me at 925-433-5447 or through our website: mckennabrink.com.

I Know a Lawyer is brought to you by McKenna Brink Signorotti LLP.

We've all heard that LLCs (Limited Liability Companies) are great, but what about the lurking dangers and pitfalls? Curious about how LLCs can go wrong? In this week's episode of I Know a Lawyer, I speak with Kevin Brodehl of Patton Sullivan Brodehl LLP about these dangers and pitfalls in LLC disputes. Kevin is a litigator who specializes in litigating cases involving LLC disputes. He is our expert guide through the LLC Jungle! In this episode, we discuss:

• Business partner disputes and partner compatibility. (03:17)
• Importance of well-drafted operating agreements. (04:51)
• Differences between member-managed and manager-managed LLCs. (07:07)
• Member rights. (08:43)
• Manager's fiduciary duties and potential pitfalls. (12:32)
• Be careful with Co-managers! (17:43)
• Dissolution of the LLC and statutory buyout. (20:23)

Thank you to Kevin for joining me on the show. I learned quite a bit about issues that can arise with LLCs, and I am sure you did as well. Be sure to follow Kevin's blogs, The LLC Jungle and Money and Dirt. Contact Kevin if you or someone you know find themselves in an LLC dispute and need help navigating the LLC Jungle!

This podcast is brought to you by McKenna Brink Signorotti LLP. 

Why do tax loopholes exist? Why do certain tax laws seem unfair? In this episode of I Know a Lawyer, I speak with Andrew Gradman, a tax attorney with GradmanTax.com. Andrew is a brilliant tax attorney who deals with income tax planning. In this episode we discuss:

• Four unavoidable constraints that result in unfair tax laws. (01:26)
• Four traits of the aggressive tax lawyer. (06:13)
• How should risk assessment play a role in tax law? (07:57)
• Is informed consent for risky tax positions possible? (14:27)
• Malpractice standards for the tax attorney (17:32)
• Tax lawyer banter! (19:00)

Thank you to Andrew Gradman for joining me on this episode. If you have questions about income tax planning, or need legal guidance relating to income tax planning, contact Andrew at GradmanTax.com. Thank you for listening to a couple of tax lawyers!

This podcast is brought to you by McKenna Brink Signorotti LLP. 

Are your assets protected if you are sued for a personal injury claim? Worried about whether you have sufficient insurance? In this episode of I Know a Lawyer, I discuss protecting assets from personal injury claims with Marjorie Heinrich of Heinrich Law. Marjorie is an expert personal injury attorney who focuses her practice on helping those who have been injured due to the fault of another. Let me tell you, Marjorie has the stories! We discuss: 

• Example of not tracking your insurance portfolio as your wealth grows, which can lead to stressful situations. (03:07)
• How renter's insurance can protect your assets, even if you accidentally shoot your friend in the leg at your home! (06:52)
• The curious case of Bubbles the dog who bit a 3 year old girl at the park. (09:38)
• Can homeowner's policies protect against dog-bite liability? (12:59)
• Umbrella policies, how they work and can further protect your assets. (13:57)
• Uninsured-Underinsured motorist coverage. (18:22)

Thank you to Marjorie for joining me on the show. You can find Marjorie at her website: heinrichlaw.net. Contact her if you or someone you know has been injured due to the fault of another. 

This episode is brought to you by McKenna Brink Signorotti LLP. 

Ever heard the myth that filing bankruptcy ruins your chances to buy a home for years! Would it surprise you to learn that this is not necessarily the case? On this episode of I Know a Lawyer, I discuss the misconceptions of bankruptcy with Jen Lee of Jen Lee Law. Jen is an expert in debt and credit strategies and loves to dispel the myths of bankruptcy. We discuss:

• The process of a bankruptcy and differences between Chapter 7 and Chapter 13 (00:59).
• What is a bankruptcy trustee (02:34).
• Is conversion from Chapter 7 to Chapter 13 possible? (08:29).
• Impact on credit and buying a home (10:51).
• Options for student loans (13:00)

Contact Jen Lee at jenleelaw.com if you have any questions pertaining to bankruptcy or credit or debt issues. She is a tremendous resource and has helped many individuals and businesses chart a path forward, even in these pandemic times. Thank you to Jen for joining me on the podcast.

This podcast is brought to you by McKenna Brink Signorotti LLP. 

How do insurance claims work with major events such as wildfires? Ever heard about subrogation? In this week's episode, I discuss insurance issues resulting from disasters such as wildfires with Sally Noma of Noma Law. Sally is an expert on subrogation and has litigated and settled many cases with large public entities. In this episode, we discuss:

1. What is subrogation? (01:19)
2. Litigation against companies who trigger disasters and damage. (03:12)
3. Water losses and insurance. (05:35)
4. Key points insureds should look for in their policies. (07:48)
5. Uninsured losses and options. (10:41)
6. Don't assume the disaster is "natural." (13:20)

Thank you to Sally Noma of Noma Law for a great discussion on a topic that is very relevant in California. Contact Sally if you or someone you know has a loss and has questions about their insurance and potential options available. 

This podcast is brought to you by McKenna Brink Signorotti LLP. 

How has COVID impacted the workplace? In this episode, I speak with Terry Leoni of Leoni Law Firm about COVID's impact on employers and employees. Terry is a labor and employment attorney who is on the forefront of tracking COVID's impact on the workplace with the evolving rules and regulations applicable to the workplace. In this episode, Terry and I discuss the following topics:

1. What should an employer do if an employee tests positive? (02:12)
2. Steps an employer should take to ensure the health and safety of the workplace. (03:52)
3. Does a positive employee require shutdown of the business? (05:44)
4. Can an employer require employees to return? (06:58)
5. Does an employer have to reimburse the employee for telecommuting costs? (13:56)

If you have questions regarding COVID and its impact on your business or are an employee with questions, contact Terry Leoni at 925-699-1800 or at her website, leonilawfirm.com. Thank you to Terry for joining me on this timely topic.

This podcast is brought to you by McKenna Brink Signorotti LLP. 

Careful, thoughtful planning can help avoid potential family disputes after death. Today I speak with Matthew Talbot of Talbot Law Group, P.C. about potential red flags planners should be on the look out for to avoid future litigation. In this episode, Matthew Talbot hits on these key ares:

• 1. Undue influence. Potential red flags that a vulnerable client may be under undue influence from family members (03:39)
• 2. Common estate litigation claims (05:45)
• 3. Best practices in potential undue influence situation (08:05)
• 4. Independent Attorney Certificate of Review (14:18)
• 5. Natural v. Non-natural dispositions (18:40)

Thank you to Matt Talbot for joining me on this episode. Contact Matt at 925-322-1795, or at his website talbotlawpc.com, if you or someone you know has questions regarding estate planning and/or estate/probate litigation. 

This podcast is brought to you by McKenna Brink Signorotti LLP, a boutique law firm located in Walnut Creek.com. Find us at mckennabrink.com.

Selling or buying a residential property? Do you know the duties imposed on a seller regarding disclosures of issues with the property? Today I speak with Tanner Brink of McKenna Brink Signorotti LLP regarding these specific topics:

> Duties imposed on a seller of residential property under California law (Cal. Civ. Code Section 1102).

> What should be included in the disclosures.

> Is a buyer able to back out due to disclosures?

> Steps to take if unsure about whether to disclose or not.

> What about if a death has occurred on the property?

> Steps to take if you think you have a non-disclosure issue in a property transaction.

If you or someone you know has any questions relating to property non-disclosures, contact Tanner Brink at 925-433-5446, email him at tanner@mckennabrink.com, or check out our website at mckennabrink.com.

Take care and be well.

Ever heard about easements? Would it surprise you to hear that your property probably has more than one easement attached to it? In this episode I talk with Dominic Signorotti, a real property litigator at McKenna Brink Signorotti LLP about what easements are, how they impact real property owners, and potential disputes regarding easement rights. As Dominic says in the episode, probably every parcel of real property is affected by easements in one way or another.

If you or someone you know have questions about easements, or potential conflicts with neighboring landowners with respect to easements or access rights, contact Dominic Signorotti at mckennabrink.com or mckennabrink.com/dominicvsignorotti to discuss with him your property rights.

Thank you to Dominic Signorotti for joining me on the podcast today. Be safe and well everyone.

Starting a business? Confused if you should form a limited liability company or S Corporation? In this episode I talk to Ericka McKenna, a business transactional attorney at McKenna Brink Signorotti LLP about the differences in LLCs and S corporations. Key points discussed include: liability protection, corporate formalities and tax treatment differences between the two entities. 

If you or someone you know have questions about forming a LLC or S Corporation, contact Ericka McKenna at mckennabrink.com or mckennabrink.com/erickalmckenna to discuss with her the proper entity for your business. 

Thank you to Ericka McKenna for joining me on the podcast today. Be safe and well. 

If you have questions on what an estate plan with a revocable living trust can do for you, contact us at mckennabrink.com. You can also find us on Twitter @mbslawllp or on Facebook at @mckennabrinksignorotti.

Thank you for listening. Now you know a lawyer too!