tag:blogger.com,1999:blog-72119937823932936472024-03-06T12:02:21.723-08:00THE MCGILL LAW FIRM, LLCLegal blog about the Firm and its practice areas. Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.comBlogger181125tag:blogger.com,1999:blog-7211993782393293647.post-16708156434577087142024-01-20T09:15:00.000-08:002024-01-20T09:15:08.357-08:00SAVING THE INNOCENT LANDOWNER FROM TITLE FRAUD IN GEORGIA<p> Today, I went on the Gwinnett Courts website and saw a warning to homeowners that alerts them to title transactions. It's at <a href="http://gwinnettcourts.com">gwinnettcourts.com</a> . Kudos to the clerk and to Georgia for making the homeowner who goes to the site aware of the problem. </p><p>However, what percentage of homeowner visit the site in Gwinnett? </p><p>Even if they did a flyer drop to reach the elderly, would that be enough?</p><p>Is this measure enough to protect a vast number of victims?</p><p>Some may say the laws need to catch up with the thieves. The entire transaction needs to be slowed down. True owners should be able to go into court within 12 months to challenge the transfer, lien, and fraud perpetrated by scammers. Between innocent homeowners and lending institutions, the innocent homeowner should be protected. </p><p>There are other protections that owners should be allowed that are similar to those are afforded credit card holders whose credit cards are stolen and used. There is already a model to this delayed full title transfer. In tax foreclosure sales, the purchaser of that property knows there is a period that the owner can restore the property. The only difference is once the "innocent/victim" shows fraud in Court, the responsibility falls on the transferee/lender to chase down the person or company that scammed them to obtain their funds. If the lender or transferee is left "holding the bag" on these fraudulent transfers, greater care will be taken to confirm the validity of the transaction. </p><p>If those holders are allowed 30 days to challenge transactions, there is no reason that land and homeowners shouldn't be given 6-12 months to restore heir status. </p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-88141864154092403162023-12-28T14:52:00.000-08:002024-01-20T08:54:23.944-08:00Review Your Will, Power of Attorney, and Living Will<p>Now is the time of year to review your will, living will, and power of attorney. If things have changed, including births, deaths, marriages, asset purchases, friend disputes, or other life changes, call the lawyer who drafted it to get the will or POA modified.</p><p><br /></p><p>You don't want a former friend to have control of your assets or control of your medical care. You definitely don't want to leave out that cute little grandchildren who was born in 2023.</p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-53100628651392208692023-12-28T08:00:00.000-08:002024-01-20T08:53:34.613-08:00Initial Consultations at the Firm<p>When you call the office for an initial consultation, please be prepared to give your full name and landlord's name. This gives me the chance to run a quick conflicts check. At least once a year, I receive call from both the landlord and tenant. In those rare instances, the second call will have to terminated. </p><p>After those preliminaries are done, you can summarize the problem. Because the initial call is 5-10 minutes, I will interrupt with key questions that will help me assist you before time runs out. </p><p>This is key because follow up calls are charged. For 2024, charges for follow up meetings are as follows:</p><p>Call - $175 for 30 minutes</p><p>Zoom - $185 for 30 minutes</p><p>Office - $200 for 30 minutes</p><p>If you want me to review a lease to see if you have a case, the charge to review the document is $200 (flat fee) for residential leases and $350/hr for commercial leases</p><p>My hourly rate for most cases is at least $400/hr.</p><p>I offer flat fees for basic tasks and Magistrate Court cases. Flat fee cases must be paid up front.</p><p> </p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-82732434578214661312023-07-23T10:18:00.001-07:002023-07-23T10:18:38.477-07:00You Tube Landlord for Entertainment Purposes OnlyA few days ago, I ran across this YouTube channel. It is entertaining, but don't follow his advice. <div><br></div><div>In the video below, he runs through apartments that have been trashed. He doesn't take the damage checklist seriously. Instead, he says, the pictures show how bad it is. In Georgia, that wouldn't fly.</div><div><br></div><div><a href="https://youtu.be/ieHzU0tXBWg">Landlord Damage Video</a><br></div><div><br></div><div><br></div><div><u>Georgia Landlord Requirements</u></div><div>In Georgia, a landlord must do a move-out inspection within 3 business day and complete the checklist (with estimates). Pictures and videos should be taken. The breakdown must be Sent to the former tenant because she has the right to return to the unit to see the claimed damage and challenge anything.</div><div><br></div><div>Within 30 days, send any portion of the security deposit with a breakdown that explains what is owed in unpaid rent and damages. I recommend using that same move out list to itemize.</div><div><br></div><div>If a painter has to paint several rooms, demand a breakdown of cost for each room. That goes for all repairs, including carpets. This breakout ensures you will get something if a judge decides you cannot be reimbursed for certain rooms or certain repairs. </div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-14746253337110313892023-06-13T06:50:00.001-07:002023-06-13T06:50:56.874-07:00Giving an Attorney a Referral Does Not Mean You are Involved in the Case.It is great when any business owner gets a referral from a past client or customer. In a normal retail setting, it is natural to get updates on the person's satisfaction with the services or product.<div><br></div><div>However, in the legal and medical field, just stay out of the relationship. Once you refer someone, you have no right to receive updates from the professional. Of course, you can always ask the customer about the medical service and status, but stay away from the attorney-client case if it is in litigation.</div><div><br></div><div><b><u>Attorney-Client Privilege and Work Product</u></b></div><div><b><u><br></u></b></div><div>The law protects communications between attorneys and clients so the clients can freely discuss cases, and the lawyers can freely give advice, collect information, and formulate strategies. However, the privilege can be waived by the client when he insists on (1) bringing in third parties on phone calls and meetings; (2) disclosing conversations or strategies on social media; or (3) discussing advice with friends and family. During discovery, opposing counsel can find out the identity of those individuals who had to stick their noses in litigation. This could be disastrous because once the privileged is waived, opposing counsel can learn strategies and topics of communication. </div><div><br></div><div><b><u>Settlements</u></b></div><div>The nosy friend or family member could be a disaster to your settlement. Settlements are often confidential. This means the parties are prohibited from discussing the terms of the settlement. A persistent and intrusive person may push you in disclosing the terms. If your opponent learns of the settlement violation, you may be ordered to return the settlement and pay attorney's fees. If the person wants to know what happened, tell him it's been resolved and shut down the topic.</div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-71165025646861262372023-05-27T12:56:00.001-07:002023-05-27T12:56:51.222-07:00Don't Blindly Use ChatGPT for Legal BriefsThis is a warning for lawyers and pro se litigants. Don't use Chat GPT unless you go over everything with a fine tooth comb. In this instance, AI just made up cases to support its legal position.<div><br></div><div>https://twitter.com/DrEliDavid/status/1662469873434329089?t=RHN3uHUuxUWC9KNvqXPMpQ&s=19<br></div><div><br></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-64436895035934120782023-03-21T09:50:00.001-07:002023-03-21T09:50:59.727-07:00The Firm Does Not Represent Sovereign CitizensFor those who don't know, there are a small group of people in the US known as sovereign citizens. Apparently, they believe each individual is its own government and doesn't have to follow the laws of the US govt, states, or local entities.<div><br></div><div>Those folks don't really have an impact on the rest of us. If you believe this nonsense, don't call me for representation. How can a civil lawyer negotiate on your behalf or represent you in court when laws don't apply to you?</div><div><br></div><div>Moreover, any legal theory that bears no connection to the laws of this country cannot be used by lawyers without the possibility of court sanctions or bar complaints. In other words, you are cannot be represented by an ethical lawyer. So, good luck in presenting your sovereign citizen theories during negotiations and in court.</div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-41261922896699349862022-12-23T13:27:00.004-08:002022-12-23T13:27:52.245-08:002023 - New Prices & Hours.<p>Instead of retiring from the law, I will be limiting my office hours and case load.</p><p>My price sheet for 2023 can be obtained via an email request at demandingjustice@protonmail.com.</p><p>Also, the Firm will no longer perform free screening consultations. Instead, there will be a $50 charge for the first 15 minutes to review the facts of your case. Longer reviews will be charged at $300/hr.</p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-15608219091320899052022-10-20T03:34:00.001-07:002024-01-05T22:27:21.700-08:00Lawyers Must Challenge Their Clients' Positions and Evidence<p> When you visit a lawyer and during the representation, you should expect counsel to challenge your position and question your documents. If your lawyer isn't doing that, she's not preparing you for the tough questions you will face in court and during your deposition. Even during mediation, a skilled mediator will question your position.</p><p>This should be expected because your opponent doesn't hand you money in non-car accident cases without a fight. You have to support and defend your position. Your attorney should act as a gatekeeper to prevent you from making a fool of yourself on the stand. </p><p>Therefore, preparation at the beginning is key. Take the list of items presented to you seriously. Get documents to your lawyer as quickly as possible. The more documents you have to support your case, the better. Answer your interrogatories and produce your documents as early as possible. </p><p>Most importantly, don't be offended when you are cross-examined by your lawyer on your theories of the case. It will show the holes in your case and prepare you for the key stages in your litigation.</p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-73404251062169021342022-09-15T05:55:00.006-07:002022-10-15T18:48:01.859-07:00Landlords and Tenants Should Prepare for the Economic Downturn<p>As the economy continues to decline, landlords and tenants should review different economic scenarios to determine if they're ready for 2023.</p><p>For tenants, do you have a recession proof job? If so, you may not have to worry about defaulting on your lease. For everyone else, see if your landlord will agree to a 3 or 6 month lease period once your lease is scheduled to renew. A shorter period may suit you better to protect you against default just in case you lose your job. </p><p>For landlords, do you have a repair/replacement fund for leaky roofs and busted hot water heaters? Can you survive another prolonged period when you don't collect rent as courts and sheriffs slow walk dispossessory actions and evictions?</p><p>Also, both parties should know their rights under the lease and the law. A quick or not so quick evaluation may be the answer before trouble comes. The Firm would be happy to evaluate your document in a 15 - 60 minute conference by phone or Zoom. </p><p>REPAIRS</p><p>You don't know how many calls and emails I receive per month from tenants who are shocked that they cannot withhold rent when the landlord doesn't repair. </p><p>At the same time, landlords are shocked they have to repair when the tenant doesn't pay rent. </p><p>In residential leases, a landlord cannot contract away its legal obligation. However, if a landlord refuses to repair, the tenant can use repair (pay) and deduct to repair the property. I recommend tenants research this option before using it. </p><p>In all, there are several factors both parties should consider before entering into a new lease or letting an old lease auto renew. If you are old enough to remember the first great recession, you can easily learn from any mistakes and seek to avoid them. Otherwise, prepare for the worst and hope for the best. 90% of large CEOs and bankers expect the second great recession will hit us 2023 and continue into 2024.</p><p><br /></p><p><br /></p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-31427385897591438352022-07-20T17:35:00.001-07:002024-01-05T22:32:39.034-08:00How Not to Act in CourtIf you decide to represent yourself in court, do not act like this woman.<div><br /></div><div><br /></div><div>or this man:</div><div><br /></div><div>https://twitter.com/GAbusiness_firm/status/1742708090074488839?t=YryRDUPwpRRiLohVRAgmEg&s=09</div><div><br /></div><div><br /></div><div><br /></div><div><br /></div><div><br /><div><br /></div></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-60551713683213417392022-06-28T08:35:00.001-07:002022-06-28T08:35:30.578-07:00A/C Problems This SummerDuring the summer, I receive at least 10 calls or emails a week about a landlord's inability to provide air conditioning. I normally don't handle these issues because of time. <div><br></div><div>Channel 46 provided good suggestions for those who are having these problems, but can't find a lawyer. </div><div><br></div><div><a href="https://share.newsbreak.com/1ct2jjha">Channel 46 - Segment</a><br></div><div><br></div><div>For landlords, you may want to provide a temporary A/C unit until the matter is resolved. The $100-200 unit may save you thousands of dollars if the tenant sues you.</div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-48679455748476500912022-06-16T03:47:00.001-07:002022-06-16T03:47:51.722-07:00Rent Control - A Bad Idea?Many Atlanta tenant advocates are screeching rent control as the solution for high rents in the area. They point to cities that can best be described as run down crime holes to support their position. <div><br></div><div>John Stossel spoke to rent control advocates and asked them questions about their position. His video is an interesting insight on why rent controls harm renters.</div><div><br></div><div></div><a href="https://rumble.com/v18jpex-how-rent-control-hurts-renters.html">Stossel - Rent Control Segment</a><div><br></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-298334775274529182022-05-17T19:48:00.001-07:002022-05-17T19:49:32.248-07:00Privacy Must Be ProtectedA free society must protect its citizens' from unnecessary government intrusion. The attached article examines government intrusion in the name of safety.<div><br><div><a href="https://share.newsbreak.com/13mapws9">Privacy versus Safety</a><br></div></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-12710158983976326852022-04-25T13:50:00.002-07:002022-04-25T13:55:04.913-07:00God Gives You the Ability to Obtain Counsel<p>This may be a criminal case in the video, but I've heard this several times in my civil matters.</p><p><br /></p><p>https://www.youtube.com/watch?v=2nhvfeTsVy8</p><p>During the pretrial mediation, I had an opponent say God was on her side. When the judge asked this tenant did she want an attorney, she made the same assertion.</p><p>After the case didn't settle, the pro se tenant attempted to get pictures and other evidence in about her mold and health claims. After my objections, the judge blocked the evidence. My landlord client won the case without putting on much evidence. </p><p>MORAL OF THE STORY</p><p>God may be on your side, but in court, you also need a lawyer to pursue your mold case.</p><p>MOLD WITH HEALTH ISSUES</p><p>These cases are extremely difficult to prove with an attorney. You must (1) identify the mold through a professional mold test; and (2) have a doctor stste through testimony that the identified mold caused or irritated your particular health issue. </p><p>Equally as important, if you want to hold the landlord liable, make sure you understand causation and the rules of evidence. </p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-3679564060930777712022-04-23T08:28:00.003-07:002022-04-23T08:28:54.879-07:00Good Cause Evictions will Create Backlash<p>Far left NY is contemplating a bill that will prevent landlords from evicting tenants, except for good cause.</p><p>https://cbs6albany.com/news/local/landlords-fear-new-yorks-proposed-good-cause-eviction-legislation</p><p>This bill is supposed to be pro-tenant. However, if enacted into legislation, you will see more Air B&B places, stricter background checks, higher rents, and lower rental units. </p><p><br /></p><p>After all, why take the risk of renting to a borderline tenant while the case goes through the court system? Instead, raise the rent while the bill is moving its way to the governor's desk and change the background check to ensure you never rent to a "troublemaker". This will disqualify several people who may have paid their rent on time and never caused any real trouble.</p><p>There is a way to draft bills that create a positive landlord-tenant relationship for all sides. However, in typical fashion, the NY State legislature has missed the mark again.</p><p><br /></p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-32190026737682973342022-04-19T22:05:00.005-07:002022-04-19T22:06:25.383-07:00Brief Explanation of the Judicial System<p> This video gives insight on the history of the judicisl system. It's not behind a pay wall now. I learned more about the origins of the system than I learned in law school.</p><p>Demystifying the Judicial System | Building on the American Heritage Series https://link.theepochtimes.com/mkt_app/demystifying-the-judicial-system-building-on-the-american-heritage-series_4391605.html?utm_source=andshare</p><p><br /></p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-28639221891009134372022-04-19T20:48:00.001-07:002022-04-19T20:48:41.772-07:00New Price Sheets For May 1, 2022<p>The Firm is forced to raise its rates as more work is required on what used to be simple cases and as costs continue to skyrocket.</p><p>Initial Consultations - $200/hr. (1st one only)</p><p>Follow-Up Consultations - $300/hr.</p><p>Residential Evictions - Starting at $2,000</p><p>Commercial Evictions - Starting at $3,500</p><p>Civil Small Claims - Starting at $2,500</p><p>State and Superior Court Civil - Starting at $7,500</p><p>I know the new fees will prevent many from being able to use my services, but it's unavoidable.</p><p><br /></p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-46140479663457841532022-04-14T13:25:00.002-07:002022-04-14T13:25:32.834-07:00New Landlords - Beware of Hyperinflation<p> </p><p>Interesting Take on Why You Should Think Twice Before Starting Renting Out Property:</p><p>https://gab.com/NeonRevolt/posts/108126639484828791</p><p>This is a valid concern because during 2020 and most of 2021, small landlords were left holding the bag for repairs, loan interest, property taxes, and utilities.</p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-49491458621690493572021-09-25T11:17:00.002-07:002021-09-25T11:17:52.615-07:00Lease Nonrenewal are Becoming a Problem<div style="text-align: left;"><span style="background-color: white; color: #050505; font-family: inherit; white-space: pre-wrap;"><span style="font-size: medium;">Now that people have received their taxpayer funds to pay their back rent, the next big threat to tenants, at least, is the landlord's decision to not renew leases. </span></span></div><div class="" data-block="true" data-editor="d3o89" data-offset-key="27oeo-0-0" style="animation-name: none !important; background-color: white; color: #050505; font-family: "Segoe UI Historic", "Segoe UI", Helvetica, Arial, sans-serif; transition-property: none !important; white-space: pre-wrap;"><div class="_1mf _1mj" data-offset-key="27oeo-0-0" style="animation-name: none !important; direction: ltr; font-family: inherit; position: relative; transition-property: none !important;"><span data-offset-key="27oeo-0-0" style="animation-name: none !important; font-family: inherit; transition-property: none !important;"><span style="font-size: medium;"><br data-text="true" style="animation-name: none !important; transition-property: none !important;" /></span></span></div></div><div class="" data-block="true" data-editor="d3o89" data-offset-key="kvo1-0-0" style="animation-name: none !important; background-color: white; color: #050505; font-family: "Segoe UI Historic", "Segoe UI", Helvetica, Arial, sans-serif; transition-property: none !important; white-space: pre-wrap;"><div class="_1mf _1mj" data-offset-key="kvo1-0-0" style="animation-name: none !important; direction: ltr; font-family: inherit; position: relative; transition-property: none !important;"><span data-offset-key="kvo1-0-0" style="animation-name: none !important; font-family: inherit; transition-property: none !important;"><span style="font-size: medium;">This has become prevalent because some leases have renewal clauses that limit how much the rent can be raised during the next term. If the landlord can move the old tenant for a new tenant, the rent can be raised hundreds of dollars. Without a rent increase clause, the landlord can increase the rent anyway. </span></span></div></div><div class="" data-block="true" data-editor="d3o89" data-offset-key="d7v8u-0-0" style="animation-name: none !important; background-color: white; color: #050505; font-family: "Segoe UI Historic", "Segoe UI", Helvetica, Arial, sans-serif; transition-property: none !important; white-space: pre-wrap;"><div class="_1mf _1mj" data-offset-key="d7v8u-0-0" style="animation-name: none !important; direction: ltr; font-family: inherit; position: relative; transition-property: none !important;"><span data-offset-key="d7v8u-0-0" style="animation-name: none !important; font-family: inherit; transition-property: none !important;"><span style="font-size: medium;"><br data-text="true" style="animation-name: none !important; transition-property: none !important;" /></span></span></div></div><div class="" data-block="true" data-editor="d3o89" data-offset-key="84tv7-0-0" style="animation-name: none !important; background-color: white; color: #050505; font-family: "Segoe UI Historic", "Segoe UI", Helvetica, Arial, sans-serif; transition-property: none !important; white-space: pre-wrap;"><div class="_1mf _1mj" data-offset-key="84tv7-0-0" style="animation-name: none !important; direction: ltr; font-family: inherit; position: relative; transition-property: none !important;"><span data-offset-key="84tv7-0-0" style="animation-name: none !important; font-family: inherit; transition-property: none !important;"><span style="font-size: medium;">Georgia law on non-subsidized housing does not protect the tenant with right to renew laws and rent caps. Therefore, unless the landlord is willing to negotiate with you, the best thing to do is move on to another location. </span></span></div></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-43804227955322935032021-08-11T16:24:00.001-07:002021-08-11T16:24:37.836-07:00Fee IncreaseBecause if rampant inflation, my fees will increase 20% for new clients effective August 15.Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-86783493824124501562021-07-23T02:30:00.001-07:002021-07-25T11:20:02.890-07:00One of the Greatest Threats to the American DreamRead my post from Facebook. You heard of Blackrock and how they are sucking up houses. Here is another player who is threatening the American dream.<div><br></div><div>https://www.facebook.com/102550107834626/posts/537762544313378/?app=fbl<br></div><div><br></div><div>Fortunately, Americans have a way to fight back against these house monsters - legislation. Make the rental property market for large landlords so untenable that they are forced to sell. That would include large fines and property sales to buyers who are going to reside in the houses for repeat offenses. There is a way to do it legally.</div><div><br></div><div>This type of advocacy is more important to me than the practice of law. You don't need to be a lawyer to be a policy advocate. In fact, I can see how a license may be an impediment. Once you finish law school, a person can use those skills for almost anything without taking a state bar.</div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-54786164833123610122021-07-22T10:58:00.001-07:002021-07-22T10:58:45.959-07:00Be Careful of Overbilling & TeamsAs noted on my most recent Facebook and Twitter posts, it appears overbilling and teams are becoming the norm to maximize profits for firms.<div><br></div><div>Now, large corporate cases and large car accident cases require resources and eyes of two or more lawyers, two or more paralegals, and a team of legal assistants. </div><div><br></div><div>Most cases don't fall under this umbrella. Indeed, I hear complaints that people who hire these firms who run up costs at the beginning have no other choice but to stay with them because of the money expended. Sometime people have to take out loans for thousands or tens of thousands of dollars to fund a lawsuit. </div><div><br></div><div>For small or solo firms think there also. Before I started on the path to shut down the Firm, I cared more about the work and charged a flat fee. So, and hour estimate may indeed be off by three or four hours. The pipeline clogged, but the work was better with those extra hours. </div><div><br></div><div>Read more about teams, padding, and why the litigation swamp is no longer for me.</div><div><br></div><div>https://www.facebook.com/100038501584824/posts/513043173322398/?app=fbl<br></div><div><br></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-16761261685738524312021-07-05T10:12:00.001-07:002021-07-05T19:33:42.273-07:00Shutting Off Utilities Can Cost YouI understand landlords' frustration with the CDC and it's refusal to take small landlords' dire situations into consideration. However, don't make a bad situation worse by shutting off your tenants' utilities.<div><br></div><div><u>GEORGIA CODE</u></div><div><u><br></u></div><div>Georgia code 44-7-14.1 makes it unlawful to suspend utilities until the dispossessory process is over. Additionally, if convicted, the court can fine you up to $500. However, that is just the state's penalty.</div><div><br></div><div><u>WRONGFUL EVICTION</u></div><div><u><br></u></div><div>The tenant can also sue you for wrongful eviction, which would include actual damages for loss of power, emotional damages, and punitive damages. It's not worth the hundreds of dollars you may save by shutting down the power if it costs you tens of thousands of dollars for being impatient and frustrated.</div><div><br></div><div>STEPS TO TAKE ONCE YOUR </div><div>UTILITIES ARE SHUT OFF</div><div><br></div><div>1. Email the landlord and demand restoration.</div><div>2. Document any food loss from electricity loss.</div><div>3. Document extra expenses and time off from work.</div><div>4. If the a/c or heat are inoperable, document the temperature.</div><div>5. Every 24 hours, email your landlord until service is restored.</div><div>6. Call a lawyer to determine if immediate intervention is required.</div><div>7. Once service is restored contact a lawyer to discuss claims against your landlord.</div><div><br></div><div><br></div>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0tag:blogger.com,1999:blog-7211993782393293647.post-50923657093029298602021-05-17T03:43:00.003-07:002021-07-22T11:43:29.771-07:00Semi-Retirement - I am moving away from demanding justice under the law and towards demanding justice under politics and policy<p>My firm demanded justice for individuals and small companies by taking small consumer cases that did not interest other lawyers. A lawyer has to take a large numbers of small cases just to breakeven. Nevertheless, my case load doesn't make a dent in the problem. For each client I take, many more want to hire me and many more cannot find another lawyer with the same price range and experience. Despite that, I did help over a thousand people per year by merely picking up the phone and providing 5-10 minute consultations. However, now, bigger issues require bigger solutions. </p><p>July 4th, I will turn away from the law and move toward politics and policy. No, I will not run for office, because I just don't have the temperament or personality. However, people can do so much without holding office, and I intend to do that in whatever capacity my personality and abilities allow. </p><p>In the meantime, I will still accept calls from people who want to ask questions or want me to shoot off a letter or settle a case without going to court. Although the everyday practice of the law no longer interests me, from time to time I will step into court until I get tired of spending my money on bar dues and continuing legal education classes. </p><p><br></p>Paula J. McGill, JD, MBAhttp://www.blogger.com/profile/02697899250763022640noreply@blogger.com0