Edward G Topolski, Attorney At Law

Experienced a crazy situation this week. I met with a new client to discuss their case. They had spoken with several other attorneys which was a good idea because when making a decision to retain an attorney it is a good idea to get a few opinions before making the decision on who will represent you. The interesting thing for me was that although they met with several other attorneys and had consultations, it did not seem like they really had any idea at all of what they wou...ld be dealing with in the facts of their case. After a short while they informed me that the attorneys they spoke with spent about fifteen to twenty minutes with them and the focus of the discussion was on how much the attorney fee would cost. Here is a suggestion when interviewing attorneys. Yes interviewing attorneys, Don't forget that the attorney you retain is your employee and works for you. During an initial consultation they should ask you questions about the facts of your case, review any relevant documents and pleadings you provide and really listen to your concerns and really try to get to know you as a person. You should be able to ask them questions that concern you and get answers. A clients is interviewing an attorney to see if they want to hire the attorney and the attorney is interviewing the client to see if they wants to represent the client as well. I guess the bottom line for me is after meeting with the proposed attorney a client should really evaluate and ask themself if they were comfortable talking with the attorney, and most importantly was the attorneyreally interested in getting to know the client and understand the legal problem they have, or more focused on presenting a fee agreement to the client for their signature. and payments. Be careful when interviewing attorneys. Write down any questions you have and take them to your consultation. If you have documents, letters, pleadings that you need explained to you them to the arttorney as well. Don't be afraid to ask about much the attorney will charge you, and whether the attorney will be the person you will be working with or is your file going to handled by one of their legal assistants or paralegals (A bad idea). You want to work with the attorney you hired, not a legal assistant or paralegal. Hope these thoughts help you when you are considering hiring an attorney to represent you in any matter. If you have any other questions or concerns contact me and we'll talk.

I just want to take this opportunity to wish everyone a Merry Christmas and Happy Holiday Season! 2016 is almost behind us and now it's time to look forward to a really great 2017. There are many events and things that will occur in 2017 that we have no control over. However, we do control how we interact with others in this world in which we coexist. So, my personal plan/goal is to do the best I can to not judge anyone, treat everyone I come in contact with the utmost in respect, and most importantly be kind to others! Again, have a safe and Happy Holiday Season! Ed Topolski

I was speaking with opposing counsel on one of my cases today and I could just hear the tension in their voice. I was trying to decide how I could get them to agree to a fair and equitable resolution of the claims made by my client against their client. After all that is what my client is paying me do get done. The barrier seemed to be the level of tension they were experiencing which really made them lose focus on the fact that it's not personal, it's just the business of pr...acticing law and representing our clients. So I decided to try something completely random - I asked them if they knew why nurses write with red pens? Of course they said no. I told them nurses write with red pens because they want to draw blood. Well that little riddle broke the tension and we were able to get some issues worked out. The point for me was that while we all take out respective careers seriously, it is important to remember how a little humor goes a long way in lightening the mood and can open lines of communication. See more

As an attorney I am working for clients that have legal issues that create anxiety, frustration and major concern in their lives. After 20+ years of practicing I have learned how the title "Counselor at Law" really impacts clients that trust me to represent their interests. I need to do whatever I can to reduce my client's level of anxiety, frustration and concern each day. After all "To affect the quality of the day, that is the highest of arts".

Plenty of ways to BEAT THE HEAT!! Remember to wear sunscreen and stay hydrated!

Yesterday I was speaking with Opposing Counsel on one of my cases. They contacted me to see if we could negotiate a settlement. As I was listening to them I realized that every other word out of their mouth was pertaining to how bad my client was, how my client caused this litigation, etc. I explained to them that it is difficult to attempt to negotiate a settlement, when they are clearly focused on the "battle of litigation". I told them that the time and place for battle ...is in the courtroom, and if they really want to help their client settle this case, we need to first work together to de-escalate our client''s mutual feeling towards each other and then hopefully clearer heads will prevail and we can reach a fair settlement. I mention this because often when I am contacted by someone and I do not handle the type of case they are involved in, they ask me if I can refer them to another lawyer that might help them. Before I give them a name, I always ask myself if the lawyer is someone who will really listen to the client, focus on the issues, and will they try the best they can to de-escalate the emotions of the case. In the end this helps the client which is the goal, saves the client a lot of money on attorney fees because every battle cost money, and seems to move the case forward towards resolution faster. Of course this does not work with every case, so it is important to prepare for the "battle of litigation" in every case as an alternative.

Have you considered your Estate Plan? It's never too early to plan for the future. Come see us for a free consultation and let us help.

Thought For The Day: Life is like a mirror, reflecting what you do. Look into it smiling and it will smile right back at you!

For many debtors, filing Chapter 7 or Chapter 13 bankruptcy is actually the beginning of the process to improve their credit. By the time many people file bankruptcy, their credit picture is already significantly flawed.

Somebody asked me yesterday if I enjoyed being a lawyer. I thought about it and realized I've been practicing law in the Inland Empire for over 22 year now. In my career I have represented clients in many different type of cases, such as Bankruptcy, Family Law, Business/Contract Disputes, Forming Corporations, General Civil Litigation, Estate Planning and Personal injury cases. My goal has always been to assist clients in navigating through the legal system, reducing their stress level and obtaining the best result for them and an affordable cost. The bottom line is that if I listen and really communicate with my client, and we work together, it is possible to achieve a great result for them which is why I really enjoy being a lawyer.

An individual bankruptcy can't wipe away all of your debts. If you have a student loan, owe child or spousal support or were fined as a result of a drunk driving case, a bankruptcy won't affect any of those debts.

When going through bankruptcy, it's important to know that public utilities (like the electric or water company) cannot legally refuse or cut service. Speak to your bankruptcy attorney so you know your rights.

Here is a thought for the day for all small business owners like myself: "AS A SMALL BUSINESS PERSON, YOU HAVE NO GREATER LEVERAGE THAN THE TRUTH" John Greenleaf Whittier"

Did you know that filing for Chapter 13 bankruptcy often requires you to obtain approval for a payment plan? Hiring a bankruptcy attorney can help you receive a payment plan that officials are likely to approve.

Fraud Alert - It is important to check you credit reports periodically for accuracy. Recently I met someone who's credit report was compromised and their identity was used to acquire many different credit card accounts. Ultimately, this created a situation that forced the victim into a situation where they had to file for bankruptcy protection to rebuild their financial future.

Depending on the type of bankruptcy you file, you may end up in court before the trustee or a judge. A bankruptcy lawyer can help you through court proceedings and stand by your side at all times.

Your free credit report is a good way to get an accurate list of all of your creditors. Even if a debt collector has stopped calling or a bank has charged off your debt, you should still include them in your bankruptcy filings.

The stigma associated with bankruptcy has lessened considerably in recent years, due to the decline in real estate values and the increase in professional job losses. Nearly ten percent of bankruptcy filers in 2010 earned more than $60,000 a year.

Bankruptcy cases can be quite complicated. A bankruptcy attorney is familiar with all the forms and paperwork required, and also has a working relationship with the bankruptcy trustee and judge, which can be very helpful.

Before you file for personal bankruptcy, it's important to understand that every asset you own must be included in the filing, although some may be exempted later. Schedule a consult with an attorney to see whether bankruptcy is a viable option.

If you file for a Chapter 7 bankruptcy, there's a good chance you'll never see the bankruptcy judge and only have to appear in federal court once. That's standard procedure in an uncontested bankruptcy filing.

There are two individual bankruptcy chapters to choose from. Chapter 7 is referred to as the liquidation plan while Chapter 13 requires a repayment schedule, usually for five years. A bankruptcy attorney can advise which is best for your situation.

Think twice before you liquidate your retirement account to pay down your credit card debt! Retirement accounts are generally protected from bankruptcy proceedings. In most cases, you can eliminate your debt while retaining what you have in your retirement account free and clear.

Fortunately, despite what many believe, the filing of a chapter 7 bankruptcy does not mean that you'll never be able to borrow again. In time, you can rebuild your credit and FICO score, which will allow you to qualify for new loans.

The moment you file bankruptcy, you are protected by the bankruptcy court. A stay is issued as soon as your bankruptcy case is filed. The stay blocks all creditors from taking any collection actions, including phone calls and letters.

If a bankruptcy judge decides that some or all of your debt is the result of fraud, that debt is immune from a bankruptcy discharge. Fraud can also result in your bankruptcy case being dropped.

Understanding the best option to choose when your financial situation is bleak can be complex. A bankruptcy attorney is familiar with debt consolidation and other alternatives short of bankruptcy and can help you make the right decision.

Bankruptcy can be a complicated process, with laws that vary from state to state. If you're considering filing for bankruptcy, a qualified attorney can walk you through your choices and help you negotiate with your creditors.

You have options when it comes to filing for bankruptcy. Even if you file Chapter 7, you and your attorney can negotiate with your creditors to make sure the terms of your bankruptcy suit your needs.

Did you know that hiring an attorney for Chapter 13 bankruptcy can help you keep your property? Attorneys experienced in dealing with Chapter 13 cases can also help you work with mortgage and car companies.

If you are married, you can file for bankruptcy without your spouse, but understand that your spouse will still be liable for any joint debts. On the other hand, if you file together you'll be able to double your exemptions. Speak to an attorney to determine the best course for you.

If you are worried about losing your home or a car, talk to a bankruptcy attorney to see if there is any risk involved. There are exemptions available that protect homes, cars and most of the clothes and property in your home.

It's important to note that declaring personal bankruptcy cannot be used to discharge any debt that is owed to the IRS for back taxes. However, you may be able to work with the IRS to devise a suitable repayment plan that you can afford.

A bankruptcy attorney can protect you from the uncertainty that comes from filing for bankruptcy. He or she will handle the communications from the court, from the trustees reviewing your case, and from your creditors.

Don't think that it's inevitable you'll lose your home, car or other precious belongings by filing bankruptcy. The truth is that 90 percent of people who file for Chapter 7 bankruptcy don't lose any property.

Husbands and wives have the option of filing for bankruptcy separately or jointly. There may be some cases where it makes more sense for only one spouse to file. Your bankruptcy attorney can let you know which option is best for you.

Rebuilding your credit after bankruptcy can be difficult, especially since filing for bankruptcy can knock your credit score down into the lowest rankings. Ask a bankruptcy attorney for advice on how to rebuild your credit after bankruptcy.

After a chapter 7 filing, you are allowed to keep all property that is deemed exempt from the claims of creditors. Important factors in determining what is indeed exempt include the current value of your property and the equity your property holds.

Depending on what type of bankruptcy you file, your tax obligations will vary, as chapter 7 bankruptcy creates a taxable estate that's completely separate from you as an individual taxpayer. Speak to your attorney to determine your tax obligations.

Filing for bankruptcy devastates your credit. However, a bankruptcy attorney can explain the steps to take to regain your credit standing. Many people get credit cards and auto loans soon after bankruptcy, and home loans not long after that.

When you file for a chapter 13 bankruptcy, you'll only be required to pay a percentage of debt based on your total debts, the value of your assets, and any disposable income you may have. In many cases, this will reduce the amount of your total debt.

In all but two states, a bankruptcy trustee has the job of ensuring everything in your filing is appropriate. Trustees are also directed to look for any suspected fraud. If fraud is confirmed, you can lose the ability to file for bankruptcy.

Did you know that filing for Chapter 13 bankruptcy can prevent debtors from seizing your possessions? Ask a bankruptcy attorney if you qualify for Chapter 13 bankruptcy and how it can help you consolidate your debts.

Keep in mind that there are some debts that bankruptcy will not erase. This includes child support and alimony, fines, some taxes, falsely acquired debts, student loans, and debts not listed on your bankruptcy petition.

If you are on the verge of losing your home, then a chapter 13 bankruptcy may be the answer. Under this type of filing, you are allowed to propose a repayment plan that allows you to catch up on your mortgage and stay in your home.

Surprisingly, bankruptcy doesn't always affect credit as negatively as many people believe. Of course, this all depends on the level of your financial difficulties and the status of your credit score before you file. Talk to your attorney to see how this might affect you.

If you have property to protect, a Chapter 13 filing is usually the best choice. The repayment plan in a Chapter 13 case can include back payments owed on a mortgage or car loan, protecting that property.

Despite your good intentions, paying back friends and family before filing for bankruptcy can cause problems down the road. The trustee has the power to sue over any money you've repaid to friends and family if it isn't voluntarily returned.

When filing for bankruptcy, you must follow many rules. A trained bankruptcy attorney knows all of these and can prevent the court from throwing out your case because of failure to follow appropriate bankruptcy protocols.

Bankruptcy is a matter of public record, but the only people who will know you've filed will be your creditors, those with access to court records, and anyone you've told. Employers and landlords are only notified if they are among your creditors.

If you don't have the money for the bankruptcy filing or to pay an attorney, you may be able to seek a waiver of the filing fee. A bankruptcy lawyer is allowed to include attorneys fees in a Chapter 13 repayment plan.

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