What Should I Know About Serving on a Jury?

If called for jury service, what are the consequences if you don’t show up? If you report to jury service in May, when can you be called again?

These and many other questions are answered in the California State Bar’s newest pamphlet, What Should I Know About Serving on a Jury? Released on Law Day (May 1) to coincide with the American Bar Association’s focus on jury service, the new pamphlet is the 21st in the State Bar series called Get the Legal Facts of Life.

Non-profits (courts, legal services agencies, etc.) may obtain free copies simply by making the request on their court or agency letterhead. Those orders should be sent to Office of Media & Information Services, State Bar of California, Attn: Jury Service Pamphlet, 180 Howard St., San Francisco, CA 94105-1639.

Individuals may obtain a free copy by sending a self-addressed, stamped business envelope to the address above. All 21 pamphlets are available for bulk purchase; additional information and how to order is available at www.calbar.ca.gov > Public Services > Consumer Information > Pamphlets.

Out-of-state attorneys working in California must register by May 15

Non-California lawyers employed in California as in-house counsel must register with the State Bar by May 15.

Under California Rule of Court, Rule 965 (registered in-house counsel), adopted by the California Supreme Court in March 2004, non-California attorneys employed as in-house counsel in California must register with the State Bar.

The Registered In-House Counsel program allows non-California attorneys employed as in-house or corporate counsel to practice law in California on a limited basis.

Registrants are not required to take and pass the California bar exam and therefore will not become members of the State Bar of California.

Applicants must submit a Registered In-House Counsel Application packet and an Application for Determination of Moral Character no later than May 15. Application forms, instructions and fee information are available at calbar.ca.gov (Attorney Resources > Special Services > Multijurisdictional Practice (MJP) Program.)

For more information or assistance with the application process, contact the Office of Certification, 415-538-2325, or mjp@calbar.ca.gov.

Police Must First Respect the Community Before the Community will Respect the Police

College student Lisa Corrie believes that to have public support and respect for the police, the police must first support and respect the community served. Corrie submitted an essay for her Ethics and Liability in Criminal Justice class that speaks volumes. To read her paper, click here.

Do I Need More Than A Will?

Although this article discusses some of the factors that might be used to decide upon an estate plan in California, you should always consult a licensed attorney qualified in estate planning to discuss your specific needs and goals.

Do I need more than a will?

In reality, everybody should have a will even if they do not have property of much value. Besides naming the executor of your estate and specifying the distribution your assets, a will is also used to designate who will have custody of your minor children if you should pass away. But what other documents should you have in your estate plan?

A Living Trust

In most cases, anybody in California who owns real property or who has assets worth more than $100,000 should seriously consider having a revocable living trust to avoid probate. In addition to avoiding probate, a person who inherits real property through a living trust will receive better treatment for the purpose of capital gains tax than someone who inherits the property through joint tenancy.

A properly drafted trust can also help reduce your estate taxes. Estate taxes are imposed upon an estate which has a net value of $1.5 million or more. Under current law, that amount will increase to $2 million in 2006 through 2008. For estates which approach or exceed this value, significant estate taxes can be saved by proper estate planning, usually before death and, in the case of married couples, before the death of the first spouse. Estate planning for taxation purposes must take into account not only estate taxes, but also income, gift, property and generation-skipping taxes as well. Qualified legal advice about taxes should be obtained during the estate planning process.

Advance Health Care Directive

As recently shown in the Terri Schiavo matter, everybody should have an Advance Health Care Directive allows you to appoint someone to make your health care decisions when you cannot. Regardless of your personal views, these are issues that you should discuss with your family and put your wish in writing.

By having an Advance Health Care Directive, you take the power to make decisions for you away from the court system and put those decision in the hands of trusted friends or family members.

Durable Power of Attorney for Financial Matters

You should also have a power of attorney that allows your family to handle your financial matters when you cannot. Most people prefer to have a "springing" power of attorney that only goes into effect if you become mentally incapacitated. By having a complete estate plan, you can avoid an expensive, court-supervised conservatorship if you become mentally incompetent.

I strongly urge you to speak with a licensed professional who can provide you with sound advice on an estate plan that best suits your particular needs.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

Should I Use an Online Service to Incorporate My California Business?

Many websites offer online incorporation services for as little and $150 plus state filing fees. Some would argue that the formation of corporations and LLCs is a high-profit portion of the law practices of many corporate lawyers. But even with the money that you might save using an online service, many business owners will still need the services of a qualified attorney.

Incorporating a business is more than just filing Articles of Incorporation and filling in the blanks spaces in off-the-shelf Bylaw forms. New corporations or LLCs will also need other services such as applying for a Federal Employer Identification Number (often called a tax ID number). Some businesses might need to register with the Board of Equalization or other state agencies. Other common services offered by an attorney include:

• Obtain corporate record book with stock certificates
• Obtain corporate seal
• Draft corporate bylaws
• Conduct organizational meeting
• Draft corporate minutes of initial meeting
• Preparation and issuance of stock certificates
• Preparation of initial corporate resolutions
• Preparation of subchapter S election

An attorney will be able to meet with you personally and discuss which type of entity is right for you, the tax consequences of a particular entity selection, or other questions that often can't be answered without personal assistance. For example, will an online service advise you regarding the need to register the issuance of your shares the California Department of Corporations?

Websites that offer online services are usually automated and therefore cannot add in clauses to your bylaws, operating agreements, or corporate minutes that are of a highly specific-nature. After your incorporation is completed you should hire a lawyer for drafting contracts, employment agreements, and other legal documents that a growing business needs.

Although using an online service to incorporate a business might save you money initially, the skill and personal service of an attorney are often needed for even the simplest of transactions. In the end, it is often better and more cost effective to have an attorney provide the complete range of services for your new business entity.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.