Law Offices of Robert L Hill, APC https://rlhfirm.com Sun, 07 Feb 2021 17:39:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://rlhfirm.com/wp-content/uploads/2020/05/cropped-H-32x32.png Law Offices of Robert L Hill, APC https://rlhfirm.com 32 32 Six Ways to Make Your Online Banking Experience Safer https://rlhfirm.com/2020/05/six-ways-to-make-your-online-banking-experience-safer/ Thu, 21 May 2020 20:16:59 +0000 https://rlhfirm.com/?p=68 Online banking is certainly convenient, but is it safe? If you are not careful, your online banking activities could inadvertently grant access to hackers, identity thieves, and others who mean you harm. But you do not have to give up the advantages of online banking; taking a few common sense …

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Online banking is certainly convenient, but is it safe? If you are not careful, your online banking activities could inadvertently grant access to hackers, identity thieves, and others who mean you harm. But you do not have to give up the advantages of online banking; taking a few common sense precautions can help you protect yourself and your money. Here are six simple ways to make your online banking experience safer and more secure.

#1 Sign Up for Fraud Alerts

Banks have a vested interest in protecting their customers’ money. When banks suffer losses, their bottom lines are directly impacted. Worse yet, the erosion of customer trust could destroy the bank’s reputation, a hit that might take years of painstaking recovery efforts.

Given these concerns, nearly all banks allow consumers to receive notifications (typically by email and/or text message) of any unusual activity within their accounts or attempts to log into the account from unknown computers or locations.  Signing up for these types of fraud alerts is a great first step to protect your money and security.

#2 Use Two-Factor Authentication

Two-factor authentication provides another layer of protection, over and above your login ID and password. If your bank offers two-factor authentication – and most do – you should start using it immediately.

When you turn on two-factor authentication, the bank sends a special code to your smartphone or email address every time you log in. The login attempt cannot be completed until you enter that code. It may take a few extra minutes, but the added security is well worth the effort.

#3 Download the Bank’s Mobile App

Mobile apps are convenient, but they also contain advanced security features designed to protect your account. When you do your online banking, using the mobile app can keep your information private and make it harder for hackers and other cyber criminals to access your account.

If you have not already done so, download your bank’s mobile app. Using that app can boost your safety and help you stay more secure.

#4 Avoid Public Wi-Fi Networks

It is tempting to hop on the nearest public Wi-Fi network, but you should not do any online banking when you do so. Public Wi-Fi networks are inherently insecure, and they should never be used for banking or other sensitive online activity.

No matter how tempting, avoid handling online banking over public Wi-Fi networks. Whatever you need to do can wait until you have a more secure and private online connection.

#5 Keep Your Browser and Computer Up to Date

Hackers and other cyber criminals often exploit weaknesses in web browsers, operating systems, and other vulnerable pieces of software. The companies that create the software are constantly trying to identify and resolve these weaknesses through software updates.  It is, therefore, important to install these updates as soon as they become available.

Every device you use for online banking – including your tablet or smartphone – should be properly protected with strong anti-malware software and automatic browser updates. Keeping your devices up to date is an essential piece of the online banking safety puzzle.

#6 View Emails with Suspicion

Malware often spreads through infected links embedded in email messages, and customers should view those missives with suspicion. If you get an email purporting to be from your bank, contact the financial institution directly to verify its authenticity.

Until you know for sure that the email is legitimate, you should never click embedded links within emails, nor should you respond to requests for personal information. Learning to view these emails with suspicion is a good way to make online banking more secure.

Staying safe while banking online is the responsibility of every banking customer. If you access your account online, you need to take proactive steps to keep your information private and your money where it belongs. The six steps listed above can help you stay safe online, so you can get your banking done and get on with the rest of your life.

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A Guide to Protecting Yourself from Phishing Emails https://rlhfirm.com/2020/05/a-guide-to-protecting-yourself-from-phishing-emails/ Thu, 21 May 2020 20:04:34 +0000 https://rlhfirm.com/?p=53 The term “phishing” refers to fraudulent methods of obtaining personal information. There are a number of phishing methods that fraudsters employ, the most common being by email. Phishing emails are designed to look as though they come from legitimate companies (often banks and credit card companies) with the aim of …

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The term “phishing” refers to fraudulent methods of obtaining personal information. There are a number of phishing methods that fraudsters employ, the most common being by email. Phishing emails are designed to look as though they come from legitimate companies (often banks and credit card companies) with the aim of tricking you into entering personal information such as:

  • Online bank log-in usernames and passwords
  • Personal Identification Numbers
  • Social Security Numbers

Phishing emails often look very realistic at first glance.  They often contain duplicated logos and links to the company’s genuine website in an attempt to convince you that the communication is legitimate.  However, the link contained in the email will take you to an imitation website (known as a “pharming” website) or pop-up window, where the cyber-criminals hope you will enter your sensitive information and passwords.

You’ll often see scare tactics used with phishing emails, stating that an account will be closed unless information is updated, or that there has been unauthorized access to one of your accounts so a password change is required. High-profile websites like Amazon, PayPal, and eBay have historically been prime targets of phishing scams. Recently, however, social networks have also been targeted, with phishing emails purporting to be from Facebook, Whatsapp, Snapchat, and Instagram; these emails contain malicious links that are designed to gain access to your contacts list for spamming purposes.

Although phishing scams are thought of as a modern phenomenon, they have been occurring since the early days of the internet. There’s a reason they’re still around today: they’re big earners for criminals. Statistics indicate that over half of internet users get at least one phishing email per day; that’s over 100 billion spam emails sent around the world every day!

The Anti-Phishing Working Group estimates that around 5% of adults within the United States are tricked into responding to scam emails, costing over five hundred million dollars per year.

It’s not just individuals who are targeted; companies both large and small have also fallen prey to phishing emails, leading to huge data breaches and devastating financial consequences. Luckily there’s steps you can take to avoid being scammed. Read on for essential tips to protect yourself and your private information.

#1 Recognize common characteristics of scam emails

Phishing emails tend to share some common characteristics that can help you identify them. Look out for:

Generic greeting – If the email starts with Dear Customer or Dear Sir/Madam, this should be an immediate red flag. Most high-profile businesses will personalize emails with names and account numbers.

Poor grammar and spelling – Phishing emails often contain spelling and grammatical errors.

Alarming – Phishing emails will try to shock you into taking immediate action by telling you your account or password has been compromised, or that your account will be suspended if something isn’t done.

Unusual sender – Pay close attention to the email address that sent the email.Often the sender’s email will differ in some way from the underlying company that the email purports to be from.  Never click on a link or download files or attachments from an unknown source.

A company you’ve never done business with – Phishing emails are sent to thousands of people, in the hope that a few will fall for it.  As a result, the email may be asking you to reset a password for a company you have never dealt with.  If so it is almost certainly a scam.

#2 Never click on an email link asking you to enter sensitive information

Always go to your bank’s website to enter information or update passwords. Don’t follow any links provided in an email – type the URL for the website you want to visit into the search bar or use a bookmark that you have previously created. Banks and other financial companies will never ask you to enter personal information through an email; they will always ask you to log in on their secure website.

#3 Exercise extreme caution with pop-up windows

Pop-up windows can appear to be part of a trusted website, but there is no way to tell if it has been maliciously installed by someone else. Never enter any personal details into a pop-up window. If one appears unexpectedly, click the cross in the top right corner to close it immediately – do not click anything else, as this can trigger the installation of malware or viruses.

#4 Check websites are secure before entering any details

Is “https://” visible in the website’s address bar with a green padlock? The “s” at the end of http means secure, and along with the padlock reassures you that information you send is protected and only visible to those meant to see it. However, these can be imitated so click on the green padlock to view the security certificate and ensure it correlates to the site you want to visit. If the name on the security certificate is different, do not enter any information and exit the site. Contact the company directly if you cannot verify this certificate.

#5 Install firewalls on your computer and ensure all anti-virus and malware protection are kept up to date

Firewalls and strong anti-virus programs are your first line of protection in the fight against phishing attacks. For maximum protection use both a network firewall and a desktop firewall. These defend your computer and network from possible intrusion. Keep all hardware, software and web browsers fully updated for maximum protection.

#6 Use your web browser to help identify fraudulent websites

Most well-known browsers have the ability to block fake websites which may be trying to extract your personal information, or infect your device with malware. It’s important to keep your browser updated, as vital security patches and bug fixes essential for keeping you safe from hackers are often contained within updates.

#7 If you have any doubts about an email, call the company in question

If you receive unsolicited emails asking you to take certain actions, call the company. They will be able to tell you whether the communication is genuine. Do not use contact numbers provided on the email; either go to the company’s website to obtain the number or use one you have previously stored.

#8 Check bank statements regularly

Check bank statements and online banking records regularly for suspicious transactions.  Contact your bank immediately if you see any transactions that are unfamiliar or questionable.  Your bank will be able to block any further transactions immediately.

Email phishing scams are increasingly harder to detect and can end up having long-lasting consequences for their victims.  But a little knowledge, planning, and awareness will allow you to stay one step ahead of the phishers, keeping your bank account and personal information protected.

If you believe you have been the victim of financial fraud, contact a litigation firm like the Law Offices of Robert L. Hill, APC, to understand your rights and potential remedies.

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Scams That Target the Elderly…How You Can Protect the Ones You Love https://rlhfirm.com/2020/01/scams-that-target-the-elderlyhow-you-can-protect-the-ones-you-love/ Fri, 31 Jan 2020 09:38:00 +0000 https://rlhfirm.com/?p=72 Seniors are one of the most vulnerable groups in our society.  Far too often unscrupulous people prey upon this vulnerability.  If you know a senior who may be experiencing abuse of any kind, it’s important to understand the warning signs and guide them to help quickly.

Abuse by a Relative,

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Seniors are one of the most vulnerable groups in our society.  Far too often unscrupulous people prey upon this vulnerability.  If you know a senior who may be experiencing abuse of any kind, it’s important to understand the warning signs and guide them to help quickly.

Abuse by a Relative, Caregiver, or Neighbor

Sadly, far too often a senior is targeted by someone that they know and trust.  This could be a caregiver, a neighbor, or a relative.

While bruises, abrasions, or bedsores might be obvious signs of physical elder abuse, improprieties concerning a senior’s finances often are more hidden. If you have suspicions, it is imperative that you look, listen, and ask questions.  Has a neighbor or relative suddenly began “stopping by” the senior’s home on a regular basis?  Are valuable items missing from the home?  Has the senior abruptly decided to change their will or began making large “gifts” to a family member or caregiver?  Have they suddenly become withdrawn or overly secretive about their finances?

If any of these red flags are spotted, you must immediately begin asking difficult questions and, if necessary, review your loved one’s finances and bank statements to identify and stop potential abuse.

Telephone and Online Scams

Every year more and more seniors become victims of financial abuse by strangers who contact them by telephone or the Internet.  As with most scams, the best defense is a solid education. Simply knowing that these kinds of scams are out there can be protective.

  1. Grandparent Scams

Grandparents obviously have a soft spot for their grandchildren. Grandchild scams are becoming more commonplace – and more sophisticated – so it is important for older men and women to be aware of how this scam usually works.

In the typical scheme, the scammer will call the senior, claiming to be their grandchild and saying they need money.  Sometimes the supposed grandchild will say they lost their wallet, or claim they are in a foreign country and are in legal trouble.  The common theme of this scam is that the “grandchild” will claim he or she is in trouble and that they need money immediately.

Grandparents who fall for these scams are often in a panic, legitimately concerned for the safety of their loved ones. In such an emotional state, they may be less suspicious than they would otherwise be, causing them to wire thousands of dollars to far-off locations, buy thousands of dollars of gift cards, and/or give up personal information that will cause them to be victimized yet again.

  1. Romance and Catfishing Scams

Finding romance later in life is exciting, and many websites and dating apps cater to senior citizens. Unfortunately, these online avenues can also serve as gateways for scam artists to contact seniors.

Some scams involve real people who present themselves as being romantically interested in a senior when, in reality, they are targeting them for their cash. After beginning the relationship, the scammer may claim their car broke down or their home has been burglarized and that they need a loan to recover.  The scammer then disappears after obtaining the money.

In other cases the scammer claims to be someone else entirely, often using photos stolen off the web to create a false persona and rope in their elderly victims. This unique — and fast-growing — form of fraud is known as “catfishing.” It is imperative for users of dating sites to know of this fraud so they can protect themselves from becoming a victim.

Be aware of the signs, including a supposed romantic partner your elderly loved one has never met or constant claims of financial struggle on the part of the love interest. While tt may seem like you’re intruding upon their personal life, early intervention could save your elderly loved one from a lifetime of emotional and financial damage.

  1. Social Security Scams

Many senior citizens rely on Social Security for part or even all of their income.  This makes them especially vulnerable to Social Security scams. These scams take a number of different forms depending on what the perpetrators are trying to do and what they hope to gain from their crimes.

In some cases, the scammer will claim to be from the Social Security Administration. They may tell the victim that their Social Security account has been compromised, or that their payments are on hold.  The scammer will then request personal information or money in order to remedy the issue.

In other cases, the scam artist may pretend that the victim’s Social Security card needs to be replaced, and that they need the senior’s Social Security Number to authorize the replacement. Then, armed with this highly sensitive information, they commit identity fraud and take out loans using their good name.

Get Help

The California legislature has enacted the Elder Abuse and Dependent Adult Civil Protection Act, providing for specific and enhanced remedies for victims of financial or physical elder abuse.  With the help of an experienced firm like the Law Offices of Robert L. Hill, victims may be able to receive up to three times their actual monetary losses, as well as punitive damages and attorney’s fees.   If you’ve noticed signs of financial elder abuse, it is imperative that you call us at 760-448-4425 for a free consultation. We are here to help.

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Smart Ways to Reduce Liability Risks for Your Small Business https://rlhfirm.com/2019/12/smart-ways-to-reduce-liability-risks-for-your-small-business/ Tue, 31 Dec 2019 19:42:11 +0000 https://rlhfirm.com/?p=65 Running your own small business can be liberating and exhilarating. Making your own way in the world just feels good, and, if you do everything right, the earning potential can be extremely lucrative.

Unfortunately for small business owners, there are others who want a piece of the action, and businessmen …

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Running your own small business can be liberating and exhilarating. Making your own way in the world just feels good, and, if you do everything right, the earning potential can be extremely lucrative.

Unfortunately for small business owners, there are others who want a piece of the action, and businessmen and women are frequent targets of lawsuits. Some of these legal proceedings have merit, while others fall into the nuisance category.

No matter what the situation, an ounce of lawsuit prevention is worth far more than a pound of cure. The best way for small business owners to deal with the threat of lawsuits is to take on potential liability risks head on. There are some things small business owners do every day that could be raising the risk of a future lawsuit. Here are six simple things small business owners can do to reduce their legal liabilities and their risk of costly lawsuits.

  1. Failing to research applicable laws and regulations has tripped up many a business owner. Being blindsided by the law is always a bad thing, and it can put small business owners on the losing side of a lawsuit. No matter what their niche, small business owners should retain competent counsel to become familiar with applicable laws and industry regulations.
  1. Stick to the tasks they know best. It is easy for business owners to try to do it all. But handling unfamiliar tasks or tackling jobs for which they are not qualified can increase the risk of an error and a resulting lawsuit. Delegating such tasks to individuals with the requisite skills may cost more up-front, but it could save the business a bundle in the long run.
  1. Being sloppy about contracts can also put small businesses at risk. Once again, using a lawyer to draw up your business’s contracts may come with an up-front cost, but quality legal advice can prevent a potential lawsuit later.
  1. Hiring the wrong people, or firing incompatible employees, can also put business owners at risk. Personnel decisions are frequent targets for lawsuits, and small businesses may not have the resources to defend these legal actions. That means small business owners need to be extra careful when hiring new workers and even more cautious when letting employees go.
  1. Not engaging with customers is another dangerous thing. Failing to address customer complaints could make future lawsuits more likely, and it is also bad for business. The owners of small businesses need to stay in contact with their customers to maintain good relations and keep their buyers happy.
  1. A lack of insurance is another common practice that can make running a small business extremely risky. Many small business owners do not fully understand their insurance needs, and they may not realize the risks they are taking by putting insurance on the back-burner. Anyone thinking about opening a new business should sit down with an insurance agent or attorney to identify and address potential risks.

Running your own small business can be very satisfying and profitable.  At the same time, it is important to recognize your risks and be prepared for them. Small businesses will always be targets for legal action.  But these are a few things you can do to reduce the liability risks inherent in your field.

The Law Offices of Robert L Hill, APC is here for your small business legal needs. Do you need a contract? Do you not understand an agreement you have already made?  Are you struggling with the difference between corporations and LLC’s?  If you are in the Carlsbad, California area and are in need of legal advice for your business, contact us today at 760-448-4425.

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Could You Recognize These Warning Signs of Investment Fraud? https://rlhfirm.com/2019/12/could-you-recognize-these-warning-signs-of-investment-fraud/ Sun, 22 Dec 2019 10:25:35 +0000 https://rlhfirm.com/?p=62 When it comes to investing, you must find a financial advisor who is honest and has your best interests at heart. Unfortunately, while the vast majority of brokers and financial advisors work hard for their clients, that is not always the case.

Investment fraud is a real problem, and you …

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When it comes to investing, you must find a financial advisor who is honest and has your best interests at heart. Unfortunately, while the vast majority of brokers and financial advisors work hard for their clients, that is not always the case.

Investment fraud is a real problem, and you could suffer a devastating financial loss if you fail to recognize the warning signs. Whether you are already working with an advisor or still looking for the right professional, knowing the warning signs of investment fraud will help you protect yourself and your money. Here are some warning signs to watch out for.

Look for a History of Disciplinary Action

The creators of fraudulent investments do not come out of nowhere, and many have a long track record. These scam artists leave a trail of broken promises and defrauded investors in their wake, but their crimes often do not go unnoticed.

Investment professionals are subject to censure and disciplinary activity, and a bit of research could uncover their past offenses.  Licensed professionals are monitored by the SEC or the Financial Industry Regulatory Authority (“FINRA”).  These agencies provide publicly-available information about licensed professionals through the SEC’s Investment Adviser Public Disclosure database (www.adviserinfo.sec.gov/IAPD) and FINRA’s BrokerCheck website (brokercheck.finra.org).  These databases provide the public with key background information about advisors, including any prior regulatory actions and/or customer complaints.  Take advantage of these immensely valuable resources! Always do your homework before handing over your hard-earned money to a new advisor.

Be Aware of Statements Coming Directly from Your Advisor

When you put your money with an investment advisor, they make investments on your behalf but they do not invest those funds directly. Instead, they should be registered with a major brokerage firm, like Merrill Lynch, Wells Fargo Advisors, T.D. Ameritrade, etc.  The monthly statements you receive should be coming from the firm with whom the advisor is affiliated.

If your statements arrive bearing only the name of the financial advisor, you could be looking at investment fraud. Scam artists and the operators of Ponzi schemes often issue their own statements, allowing them to make up the numbers to suit the story they are telling. This lack of third-party statements is one of the biggest red flags for investment fraud.

Returns That Are Too Good to Be True

If your stock market holdings are flying high in the midst of a vicious bear market, you may simply assume your broker is a genius. But before you give him or her too much credit, you might want to take a closer look.

Even seasoned professionals are unlikely to always pick winning stocks when the market is headed south.  A consistently great return during a down market could be a warning sign of fraud. If your investment returns seem “too good to be true,” they probably are.

Vague Answers

As the client, you have the right to ask questions and get clear answers. If your investment advisor refuses to answer direct inquiries or is suddenly unavailable when you call, you should investigate further.  If your investment advisor is not willing to be straight with you, it is time to get a new advisor.

Confusing Investment Terms

Shady investment advisors may try to make investing seem more complicated than it really is. They may try to confuse you with acronyms and industry jargon, hoping you will not ask questions. If your investment advisor is constantly using confusing terms or complicated jargon, it is time to seek out an impartial opinion from someone else.

Whether you are investing for the down payment on your first home, your future retirement, or the education of your children, you have the right to advice that is honest and in your best interest. Knowing the signs of investment fraud and dishonest operators is imperative to protecting yourself and your finances.

If you spot any of the warning signs listed above, it is time to move your money and call an attorney.  The Law Offices of Robert L Hill, APC is here for your investment legal needs.  If you are in the Carlsbad, California area and are in need of legal advice regarding financial fraud, contact us today at 760-448-4425.

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Affinity Fraud: How to Protect Yourself and Your Finances https://rlhfirm.com/2019/11/affinity-fraud-how-to-protect-yourself-and-your-finances/ Sat, 30 Nov 2019 08:09:09 +0000 https://rlhfirm.com/?p=59 Despite what you may believe, financial fraud does not always come in the form of strangers touting Ponzi schemes or investments that sound too good to be true.  Instead, all too often financial fraud arises from people you trust – like the college classmate who just reached out on social …

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Despite what you may believe, financial fraud does not always come in the form of strangers touting Ponzi schemes or investments that sound too good to be true.  Instead, all too often financial fraud arises from people you trust – like the college classmate who just reached out on social media or the distinguished gentleman who recently joined your church group.  This unique, and often devastating, type of financial fraud is so common it has its own name – affinity fraud.

What is Affinity Fraud?

The U.S. Securities and Exchange Commission defines affinity fraud as the following:

Affinity frauds target members of identifiable groups, such as the elderly, or religious or ethnic communities. The fraudsters involved in affinity scams often are – or pretend to be – members of the group. They may enlist respected leaders from the group to spread the word about the scheme, convincing them it is legitimate and worthwhile. Many times, those leaders become unwitting victims of the fraud they helped to promote.

These scams exploit the trust and friendship that exists in groups of people. Because of the tight-knit structure of many groups, outsiders may not know about the affinity scam. Victims may try to work things out within the group rather than notify authorities or pursue legal remedies.

Affinity scams often involve “Ponzi” or pyramid schemes where new investor money is used to pay earlier investors, making it appear as if the investment is successful and legitimate.[1]

What to Look for to Protect Yourself

A Newcomer in Your Midst

While affinity fraud takes many forms, a common scenario involves a newcomer to your group who begins touting an idea to make you money.  The person often is friendly, charming, and appears to be successful.  After gaining the trust of the group, the individual suddenly begins offering to share the secrets of their “success.”  At that point the fraudster will begin touting their investment “opportunity,” which really is a scam.

The potential for affinity fraud does not mean you should prevent new people from joining your organization.  It simply means you should be cautious and, if the warning signs present themselves, warn others about the possibility that the investment “opportunity” may not be legitimate.  Remember – If an investment opportunity sounds too good to be true, it probably is.

Divinely Inspired Investments

The perpetrators of affinity fraud may stoop so low as to use a person’s faith to prop up the fraudulent investment scheme.  These fraudsters often insert themselves into church groups or other religiously-based organizations, exploiting the trust and friendship that exists in such groups.

Sometimes the crafters of affinity fraud schemes go even further, claiming that the investments they tout are limited to a specific denomination or religious group. This tactic seeks to create a tempting exclusivity, hinting that you are privy to a “special opportunity” that those outside your group

[1]U.S Securities and Exchange Commission website.  https://www.investor.gov/protect-your-investments/fraud/types-fraud/affinity-fraud

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Keeping it Legal: 4 Things You Need to Do Before Starting Your Business https://rlhfirm.com/2019/11/keeping-it-legal-4-things-you-need-to-do-before-starting-your-business/ Wed, 20 Nov 2019 20:06:42 +0000 https://rlhfirm.com/?p=56 Starting a new business can be exciting and lucrative.  But it also comes with a great deal of responsibility and potential pitfalls. Here are four things you should consider before beginning a business.

Choose a Legal Structure

Operating a business without forming a legal entity can expose you and your …

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Starting a new business can be exciting and lucrative.  But it also comes with a great deal of responsibility and potential pitfalls. Here are four things you should consider before beginning a business.

Choose a Legal Structure

Operating a business without forming a legal entity can expose you and your partners to substantial personal liability and negative tax consequences.  In contrast, forming a corporation or a limited liability company turns your business into its own separate legal entity.  Of course every legal structure has different risks and benefits.  As a result, it is best to consult with a corporate attorney to decide what business structure is best for your particular situation.

Use Written Contracts

From taking on partners, hiring key employees or independent contractors, or working with vendors, contracts should be the lifeblood for your business.  A business attorney can help you prepare clear and concise contracts that ensure your business is adequately protected. Your attorney also will be able to review contracts that other parties bring to you for signing.

Create a Records System

Keeping adequate records of your income and expenditures is essential to a successful business. Enlist the help of a tax advisor, accountant, and/or bookkeeper to keep you on track.  Always calendar tax-related deadlines and timely pay any outstanding amounts.

Protect Your Business and Its Assets

Businesses always should consider insurance to protect against legal claims, theft, and other unexpected events.  There is no “one size fits all” solution when it comes to insurance coverage, so it’s imperative to find an agent you can trust to explain all of your options.  You may also need to consult with an intellectual property attorney to register your trademark and other intellectual property.

Even if you do everything right, you probably will still have to deal with legal disputes in the course of your business, including (for example) contract disputes, business fraud, employment matters, or intellectual property infringement.  Legal disputes can sink a business if they are not handled properly by an experienced attorney.  That is why you should always turn to a litigation attorney [add hyperlink] whenever a legal dispute arises.

If you would like to consult with an attorney about your business, contact Law Offices of Robert L. Hill today for a free consultation. 760-448-4425.

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How You Can Help Your Personal Injury Claim https://rlhfirm.com/2019/10/how-you-can-help-your-personal-injury-claim/ Tue, 15 Oct 2019 19:58:28 +0000 https://rlhfirm.com/?p=50 If you have been injured as a result of the carelessness or negligence of somebody else, you have every right to seek compensation for your damages. You must, however, act quickly and responsibly. You don’t want important evidence to disappear, memories to get fuzzy, or critical witnesses to relocate a …

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If you have been injured as a result of the carelessness or negligence of somebody else, you have every right to seek compensation for your damages. You must, however, act quickly and responsibly. You don’t want important evidence to disappear, memories to get fuzzy, or critical witnesses to relocate a thousand miles away.  Here is what you need to do to exercise and preserve your rights and protect your case.

Seek Immediate Medical Care

You should act promptly to receive care for any pain that you experience after an accident.  Sometimes an injury will worsen in the 24-48 hours after an accident.  Do not shrug off this pain, as it will only worsen if you do not promptly seek treatment.

Furthermore, seeking treatment immediately allows you to demonstrate that the injuries were caused by the accident and not by some other incident or medical condition.  If the police are dispatched to an accident scene, you will be asked if you want paramedics dispatched too. Don’t hesitate to answer in the affirmative if you feel that you need them.

Follow Instructions

Whether you’re seen at an emergency room or at your private physician’s office, you’ll be given treatment instructions. Follow them. If you’re referred to an orthopedist or a neurologist, make that appointment for as soon as possible.  If diagnostics or physical therapy are ordered, contact the clinic right away to arrange for an appointment. It’s critical for you to attend every appointment that you have scheduled.  Ignoring your physician’s instructions or missing appointments will give insurance adjusters (and their defense attorneys) the opportunity to argue that you weren’t hurt as bad as you claim.

Maintain Records

Place every piece of paper that you receive involving your care and treatment in a file or large envelope. Make sure that your attorney gets these. Although your attorney will obtain bills and medical records directly from your provider, there might be important paperwork that he or she didn’t know exists. Periodically supplement your attorney with everything that you receive. Doing so is important for purposes of documenting your damages.

Social Media

If you make a claim with the opposing insurance company, they will undoubtedly look at all of your social media accounts for evidence they can use against you.  Refrain from saying anything at all about your accident, injuries, or treatment. What you think might be innocent remarks or photos can be used against you in the future to attack your credibility.  The other side will be monitoring your social media accounts throughout the pendency of your case so the less you post, the better.

Decline to Give any Statements to the Other Side

Occasionally the opposing insurer’s adjuster assigned to your claim will contact you directly to request a statement about the accident and your injuries.  Always remember, however, that the opposing insurance company is not your friend and is not looking out for your best interests.  Typically the insurance company wants the statement so they may use it against you in the future.  As a result, it is strongly advised that you politely refuse to give any kind of a statement to the other side’s insurance company without an attorney being present on your behalf.

Do you have concerns about an accident or personal injury? The Law Offices of Robert L Hill, APC is here to help. If you are in the Carlsbad, California area and are in need of legal advice from an experience personal injury attorney, contact us today 760-448-4425. The cost of proceeding alone may be more than you could have ever imagined.

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7 Tips for Dealing with Insurance Companies after a Car Accident https://rlhfirm.com/2019/09/7-tips-dealing-insurance-companies-car-accident/ Tue, 24 Sep 2019 19:52:55 +0000 https://rlhfirm.com/?p=46 Vehicle accidents are often very traumatic for everyone involved. You may have physical pain from injuries and emotional pain from having your life suddenly upended. You experience stress from the damage to an expensive piece of your property and the uncertainty of what will happen next. In the midst of …

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Vehicle accidents are often very traumatic for everyone involved. You may have physical pain from injuries and emotional pain from having your life suddenly upended. You experience stress from the damage to an expensive piece of your property and the uncertainty of what will happen next. In the midst of all your upheaval, it’s easy to become overwhelmed and sign anything from the insurance company just to have it all over with.

This stress is the very reason to slow down, take a deep breath, and give serious consideration to your next steps. Here are seven tips for dealing with auto insurance companies in the aftermath of an accident:

  1. Contact your insurance company.

You should notify your insurance company as soon as possible after an accident.  You should, however, wait until you are calm and collected and not call in the heat of the moment from the accident scene. Remember that everything you say in telephone calls is likely being recorded, and details you give incorrectly while you are in a confused state could be used against you later.

If the other driver was at fault, their insurance company may contact you to offer compensation for your injuries.  At that point it is best to let your injury attorney speak with adjustors about your claim in order to ensure you receive fair compensation.

  1. Watch your words.

Be careful how you express yourself when talking to your insurance company. Don’t give a lot of unnecessary information; concentrate on answering their questions directly and with just the information required.

  1. Document your case for your own records.

Take some time as soon as possible after the accident to write down or type everything you remember. Keep this document for your own records and for reference later when you speak to your attorney. Don’t hand your notes over directly to any insurer but use them to help you with a formal written statement if necessary.

Each time you speak with anyone from insurance companies, medical providers, or attorneys’ offices, add it to your documentation. Write down the time and date of the conversation, the name and employer of who you spoke with, and a summary of what was discussed.

  1. Monitor your physical well-being in the days after the accident.

Whiplash and deep tissue injuries often do not present themselves until days after the accident.  If you find yourself extremely sore or dealing with neck, shoulder, or back pain in the days following an accident, it is imperative that you promptly schedule a visit with your primary care physician and consider seeing a chiropractor.

  1. Gather all documentation for your own records.

The insurers will obtain the car accident report from the police, but you should do the same so that you have your own copies of everything. Your documentation should include:

  • Police reports
  • Copies of traffic citations issued to all parties
  • Your written notes on what occurred
  • Names and contact information for any witnesses
  • Photographs of the accident scene and damage to vehicles
  • Photographs of your injuries
  • Medical records and bills
  1. Do your own research on the cost of repairs.

Don’t take the insurance company’s word about the cost of your repairs. Get multiple estimates on the price of fixing your vehicle. You will be able determine if your settlement offer is a good one that will truly cover your costs in getting your vehicle back on the road.

  1. If you have serious injuries, don’t rush to settle.

In most states you have up to two years to settle your claim or file a lawsuit. If your injuries are serious, you could have chronic problems leading to ongoing medical bills down the road. If you have already settled, you may not be able to get help with those costs. Make sure that you are completely healed and fully understand the extent of any long-term health issues before you agree to a settlement.

If you have any questions about your rights with your own insurance company or the insurance companies for other drivers, contact a litigation firm like the Law Offices of Robert L. Hill, APC  Remember that the insurance company’s ultimate goal is the health of their bottom line, not yours. If you make sure that you have someone entirely on your side through the process, you can be confident you will achieve the best possible outcome.

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4 Good Reasons Why Your Business Should Not Use Contract Templates Found Online https://rlhfirm.com/2019/09/4-good-reasons-business-not-use-contract-templates-found-online/ Sun, 15 Sep 2019 11:12:54 +0000 https://rlhfirm.com/?p=41 4-Good-Reasons-Why-Your-Business-Should-not-Use-Contract-Templates-That-You-Find-Online

When you are the owner of your own business, you should always make sure that you have clear and enforceable contracts in place for your business dealings. Contracts ensure all parties are clear about the terms of a deal and that there is a procedure when minds change.

Many business …

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4-Good-Reasons-Why-Your-Business-Should-not-Use-Contract-Templates-That-You-Find-Online

When you are the owner of your own business, you should always make sure that you have clear and enforceable contracts in place for your business dealings. Contracts ensure all parties are clear about the terms of a deal and that there is a procedure when minds change.

Many business owners incorrectly believe well-drafted contracts can be expensive to create.    As a result, businesses often cut corners. Entrepreneurs often use Google to find a contract template, give the document a cursory review, and start using it for their own business.  They might feel that the contract is “good enough” and that it was “probably created by a lawyer.”

Unfortunately, this practice can lead to significant problems down the road.  Here are four reasons why you should never use contracts that you get online.

  1. You don’t know that a competent lawyer created the contract

When you find a contract on the internet, you do not know the source of the document.  It’s possible the contract was created by a non-lawyer who simply assumed he or she could cobble a contract together in whatever way they knew best. Even if the contract was prepared by a lawyer, you do not know if that lawyer was competent or knew the particular laws and practices of the state where you reside.  If you don’t know for sure that the drafter of a contract knew what they were doing, you shouldn’t put the outcome of your business deals in their hands.

Also, if you have no legal training you have no idea if the contract template satisfies your needs and adequately protects you and your business.  Does the contract properly deal with copyright ownership? Does it limit your liability? Are any essential features missing? It can be impossible to tell without speaking to competent counsel.

  1. The contract you find may not be meant for your industry

Businesses need to have their contracts address issues that are specific to their industry. For instance, if you’re trying to hire someone to design a website for your business, you need the contract to specify who holds the copyright to the website once it’s created, what parts of the website design the designer is responsible for, and if there is a user satisfaction guarantee offered. These are items that are specific to web design agreements that may not apply to a contract in another industry.

If you use a contract intended for another industry, it may omit items that are essential to your business and include provisions that are not applicable to your industry. If you aren’t a lawyer, you won’t know what was missing – and what was extraneous – until it’s too late.

  1. There is the question of jurisdiction
You don't know that a competent lawyer created the contract

Laws can change from one state to another, or even city by city. A contract drafted for one jurisdiction may not make sense for another.

For instance, if you have the bad luck to have a contract dispute, you may prefer to have it resolved through a process known as arbitration rather than in court. Arbitration can be cheaper and faster than full-blown legal proceedings. But arbitration is conducted  differently in different jurisdictions. If your contract is written for a different jurisdiction, its language may not adequately protect your specific interests.

  1. You don’t know how dated the contract is

Contracts found online typically don’t identify when they were drafted. Laws and legal requirements evolve regularly. For instance, a web design contract created a few years ago may not address all of the social media that is prevalent now but not around then.  A web design contract without clauses pertaining to social media would be meaningless today.

It’s important to be wary when you deal with contracts.

You need to read and understand a contract before you sign it. If you simply pick a contract off the internet, you don’t know what you’re signing up for.

While retaining a lawyer to create a contract comes at a cost, using the wrong contract template can be far more costly.  Invest in yourself and your business. Paying a lawyer now may very well save you exponentially more than if you end up in a subsequent contract dispute.

The Law Offices of Robert L Hill, APC is here for your legal needs. Do you need a contract? Do you not understand an agreement you have already made? If you are in the Carlsbad, California area and are in need of legal advice for your business, contact us today 760-448-4425. The cost of proceeding alone may be more than you could have ever imagined.

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