Monday, March 25, 2013

Work

So, in the interest of letting you get to know me a little more, I would like to let you all know again that I am an attorney, even though in real life I don't play one. That may sound like a curious statement but it's true. I went to law school, I got my J.D., I passed the bar, and what happened I took a job that isn't an attorney position. Granted, in what I do it helps to have legal writing skills and an ability to analyze cases and things but it's not the work of an attorney.

I suppose the question that you may be asking is why did I become an attorney if I'm not going to work as an attorney. My answer is, it wasn't my intent. I wanted to work as an attorney and I still do. The problem I have encountered is a lack of attorney jobs. The legal market is saturated and firms are cutting back. I'm not complaining, I'm just saying it like I've lived it. However, just because I'm not currently practicing my attorney work doesn't mean I don't want to. In fact, I would love to pick up extra work as an attorney. What work, you ask. I think I would like to do some wills, trusts and business formation/small business work. Now, I don't want you to get me wrong, I am not inexperienced; I'm just not as experienced. I am highly capable of drafting wills, trusts and other estate planning documents. In law school those were my focus classes and I actually worked for the US Tax Court during the summer as a Judicial Law Clerk, so I know my stuff.

With that being said, I have noticed a couple of things when talking to people about wills. People always say, “I need a will.” then when you ask them what they want in a will, they have no idea. They don't know how they want their goods to be distributed; they don't know who they want to be guardian of their kids, etc. It's kind of funny, I think people like the idea of a will but have no idea what a will can do or how it operates. Oh, and people all the time say, "I can make my own will right?" Yes, that is true; just make sure you do it within the requirements of the law. Otherwise, your homemade will is no good and only fights will come from your homemade will.

I also hear a lot of people say they need a trust. Oh man, when people say this I get a little uncomfortable. The truth of the matter is very few people need trusts. With the amount of estate tax exemption, gift tax exemption and generation skipping tax exemption along with the unlimited marital exemption, very few people need trusts before they die. It's always comforting to know, that I know what other people don't. That's got to be one of the best feelings.
Anyways, those are my interest areas in law. I love the tax system and the games that can be played with it. Estate planning allows you to be so creative.

Oh, I guess the Supreme Court hears the gay marriage Prop 8 case tomorrow. I've read the briefs and I'll tell you they are very interesting. I found that the anti-prop 8 argument about how gay marriage is discrimination based on gender was a rather interesting argument. I think you should all read the briefs they are interesting. It will be fun to see how the court rules.

Well that's it for me today. Hope you've enjoyed.
 

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