Law Office of Steve Lopez

A lawyer is an advocate. He or she should fight on your behalf, using reasonable, ethical, and cost-effective means. What to look for: The first, and perhaps most important, quality is that you should feel comfortable in your counselor's presence. A comfortable and open relationship will allow you to share relevant information to your case openly, honestly, and completely. After all, a lawyer can't fully assist you without knowing all of the pertinent information. Then obviously the proper cost structure for your budget, proven track record and the availability of the attorney to answer your questions when they arise.

Binding Contracts For a contract to be legally binding you need the following four essential elements: 1. an offer, ... 2. an acceptance. 3. an intention to create a legal relationship & 4. a consideration (usually money). There is no specific format that a contract must follow. Generally it will include some terms that will form the basis of the agreement.

The best legal advice you'll get. Avoid litigation at all costs. A lot of my clients are taking back when I give them this advice as that's how I make my living. Litigation is something you do not want to get involved in if you do not have patience, persistence, and the money to outspend your opponents.

If you represent yourself in a legal matter, you will need to know how to address a judge appropriately. A judge has control in the courtroom and, in many civil cases, will make many decisions in your case. It is important to speak politely and maintain an even temper. In most cases, you will use the phrase "Your Honor" when you speak to a judge, but you should also know how to communicate yourself through body language and how you behave. These presentations are just as important as what you say to the judge. With a little preparation and attention to detail, you can learn to properly address a judge in court.

Failure to pay your rent on time may bring about serious repercussions, the worst of which are getting evicted and ruining your credit. If you find yourself in a situation in which for some reason you do not pay your rent on time, your landlord will likely take action right away by sending you a three-day notice to Pay or Quit If you contact the landlord and arranges a day to pay the rent after the 3 days have passed, the landlord can choose not to continue with the eviction.... However, if the landlord insists rent must be paid within those 3 days and the tenant does not, the next step is to file an unlawful detainer. If you been served a three-day notice to Pay or Quit you should consult an attorney immediately to have your rights explained to you. Disclaimer: This article is for informational purposes only and should not be construed or used as legal advice. The answers to the questions have been provided in full by the attorney interviewed and they apply to the states or areas where he is licensed.

What to Look for Before Signing Real Estate Documents Often potential home buyers are inundated with documents to sign at the last minute. Fearing they might lose their dream house or the favorable annual percentage rate, potential homeowners just sign the documents oblivious of the hidden perils in such documents. Somethings to look for: HOME MORTGAGE DOCUMENTS... 1. Pre-Payment Penalty 2. Adjustment of Adjustable Rate Mortgages CLOSING DOCUMENTS 1.Compare Closing Statement with Good Faith Estimate. Make sure they match as close as possible. 2. Seller's Property Questionnaire. This document will disclose any problems with the property or liens on the property.

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A different approach to resolve a conflict is through mediation versus litigation. One of the most significant benefits of mediation is that settling your case before it goes to trial could save a lot of money. Being able to sit down with defendants can be empowering to plaintiffs. In mediation, all of the parties are actively involved in the process and the outcome. Mediation if the parties a different perspective on how to resolve their dispute. Like Albert Einstein once stated: "We cannot solve our problems with the same thinking we used when we created them."

https://www.forbes.com//effective-negotiation-a-human-tr/

Who Can File a Civil Harassment Restraining Order? If you and the other party 1) do not have a close relationship (married, divorced, separated, dating or used to date, live together or used to live together), or 2) are not related (parent, child, brother, sister, grandmother, grandfather, in-laws), you can ask for a Civil Harassment Restraining Order if you are worried about your safety because someone: Stalked, Harassed, Sexually assaulted, or Threatened you with violence.... However, pursuant to California Code of Civil Procedure section 527.6(b), in order to justify a restraining order, the harassment must be "such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim.

Do you have a student going off to college for the first time or already living away at school? They’re going to need certain important documents like power of attorney and a HIPAA release for college students, among others in place. These key documents will let you as the parent get info about them in the event of a medical emergency... These documents are important because once your child turns 18 you are no longer entitled to have access to their financial or medical records unless you have Advance Healthcare directive or power of attorneys in place.

Dissolution of Marriage To be able to pursue a dissolution of marriage (divorce) action, there either has to be grounds for the divorce (fault) or irreconcilable differences must have occurred which cause the breakdown of the marriage (no-fault). Most divorce action are filed as irreconcilable differences. To qualify for this type of divorce you must have lived in the state of California at least 6 month and reside in the county where you file the divorce for at least 3 months. There must also be irreconcilable differences that have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would fail.

Common Contingencies in a Home Purchase Contract The standard home purchase contract lists several conditions that must be met before the closing will take place, covering issues like financing, inspections, insurance, and more. These conditions are called "contingencies." They're important to give you an out if, for example, your financing falls through or other uncontrollable events or discoveries create barriers to your finalizing the deal.... A buyer's inspection contingency is common in which you condition the closing on receiving play satisfactory report from the home inspection.

May You Tape Record a Harassing Phone Call? Both federal and California law regulate and restrict the tape recording of telephone conversations. Generally, when a person tape records a confidential telephone call without the consent of all parties, he or she commits a crime (California Penal Code 632). A violation of Penal Code 632 is punishable by a fine of up to of $2,500.00 or maximum of one year in jail. So if you live in California and want to tape record a telephone call from another person in California, you must first obtain their consent or permission to do so.

Estate planning: Not just for the 1% There's a common misperception that estate planning is reserved for the wealthy but nothing could be further from the truth. In fact, estate planning is giving what you have to whom you want, the way you want, when you want and with the least amount of taxes and expenses possible... While none of us will live forever, all of uswithout questionshould plan for a smooth transition upon our death. An estate plan will help you achieve this.

No More Pre Trial Bail In California After a 40-year campaign to end cash bail in the state, Gov. Jerry Brown signed a bill that gives judges discretion to release defendants pending trial without bail. But reports make it sound like there's a get-out-jail free card in California. Actually, that's basically true as dangerous individuals will not be released. Is this good or bad?

Bankruptcy When you’re overwhelmed with debt and need a fresh start, filing for bankruptcy can help. But, to fully take advantage of its benefits, you need to know your options. The most commonly-filed bankruptcy chaptersChapter 7 and Chapter 13. . Whether it’s saving your house from foreclosure, stopping a wage garnishment, ending a lawsuit, or wiping out credit card balances, consulting a bankruptcy attorney will help you decide which type of bankruptcy is right for you.... At our law office we have a bankruptcy attorney specialist on staff to answer any questions you may have.

Do-it-yourself Divorce California is a no-fault divorce state, meaning that the courts will not consider the guilt or innocence of either spouse. If you choose a do-it-yourself divorce to save money on attorney fees, you must familiarize yourself with the procedural guidelines of the superior court that has jurisdiction over your case. In most counties the courts have a self-help center which will help you fill out paperwork and prepare your case for hearings. I would start there before hiring a paralegal or a Document Preparation service.

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