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What makes for an inspiring Olympic moment?
Is it the years of hard work and sacrifice that culminate in a gold medal? Is it competing because you love your sport, even though it's unlikely you'll ever win? Is it suffering an injury but finishing the race? Is it overcoming a stereotype and proving something to the world? All these factors and more play a part in the great moments of Olympic history. I am certain we have witnessed many moving and inspiring moments this year at the Winter Olympics.

I am certain Tuesday’s performance by Joannie Rochette of Canada will forever be remembered. Her story and performance touched many people and I am sure her story will touch you as well. If you have not read her story I encourage you to do so.

Just as the athletes must prepare for the Olympics we must be prepared in life as well. So I hope to see you soon, so we can get your legal life in order before the end of the first Quarter of 2010.

The featured article is about legal agreements and making sure you are covered. I have had several inquiries over the past few weeks about when something should be in writing and what to do. Of course all your estate planning and guardianship documents need to be prepared by an attorney. But there are some legal documents that you can prepare yourself.


 
FEATURED ARTICLE
Legal agreements are so boring, aren’t they?

And, if you are like most people, you are making a lot of deals in life without documenting those deals. I always give people the benefit of the doubt and trust, so I do it myself. And, I’m a lawyer!

That means, if I do it, you do it too.

I know you have heard this before. But, having an agreement isn’t about not trusting someone. It’s about knowing that you’re on the same page. You might think you both agreed, but you actually agreed to do two different things. What you thought you were agreeing to is completely different than what the other person was agreeing to! And that can cause lots of conflict!

If you put it in writing then you minimize the risk. You actually see on paper what it is that you are agreeing to. Does that make sense?

Below are some real life examples of how putting it in writing can actually increase the likelihood of success for whatever you are doing, whether it’s personal or business related. And I’ve got some easy tips for creating your own legal agreements.

Here is a situation where someone hired a live-in nanny/house manager. She’s great and she’s saving everyone’s sanity. She worked with the family for about 6 weeks and everything was great.

Then, things started getting not so great. Not bad, but little things started to slip through the cracks - meals not ready on time, cats food bowls not refilled, not waking up on time a couple of times. Things like that. Little things, really.

But, enough of these little things could add up to unhappiness and resentment. So, this is where an agreement should have been written that spelled out everyone’s expectations.
Both parties were able to give input, this one needed to be mutual.

Here are some other situations in which you want to have written agreements:

• Buying property with another person
• Hiring an employee or an independent contractor (in fact, if
  they are an independent contractor, an agreement is even
  more important because otherwise you are at risk of them
  being reclassified as an employee, which means you owe all
  sorts of back taxes)
• Getting married
• Having a baby
• Starting a business
• Buying a business
• Moving in together
• Subletting your house
• Contracting for services
• Hiring a handyman or contractor

So, how do you get your legal agreement done easily? Here’s a few simple steps:

1. Find a Template To Start From
Even lawyers don’t create legal documents from scratch. We use something we’ve created before or ask our friends to send us something they’ve used in a similar situation.
You can do the same by searching Google for the basic document you need … i.e., nanny agreement, cohabitation agreement, roommate agreement, parenting agreement, independent contractor agreement. You may be able to find something free or you may have to pay a few bucks. It’s worth it.

2. Modify the Template to Fit Your Situation
The template you find is not going to be perfect for your situation. It’s going to need modification based on the specifics of your situation. Use the template as a guide to spark your imagination of what you might want to include. There are generally very few mandatory parts of an agreement (other than the date and your signatures), so get creative. This is about your agreement and what you want.

3. Get Buy-In
Once you’ve put in everything you want, email it to the person you are creating the agreement with and ask them for their thoughts on the agreement. Make sure to mention the agreement is a starting place for discussion (if it is) and that you welcome their input.

4. Sign It, Date It and File It
Written agreements just need to be signed and dated to make them valid. Each of you should sign the agreement and date it. You generally don’t need witnesses or notarization. Just your signatures and the date should do. Then, make sure that each of you has a copy of the agreement to refer back to in the event of uncertainty or a later disagreement.

5. Get it Reviewed… Maybe!

Sometimes, you need to get your agreements reviewed by a lawyer, sometimes you don’t.

So, when should you have a lawyer review your agreement? Generally, when it has anything to do with money or your business, it’s a good idea to get it reviewed. If you think there’s a possibility you might need to legally enforce the agreement some day, get it reviewed. One important note here on prenuptial agreements or marital agreements, in some states, like California, the agreement is not legally valid unless both parties were represented by a lawyer. That doesn’t mean it’s not helpful to have an agreement, but it won’t be legally enforceable.

If the purpose of the agreement is about setting and managing expectations, it’s not necessary to get a lawyer involved. Just having the agreement is the point. Don’t have a personal lawyer in your life who can review simple agreements for you? You should! Get your own Personal Family Lawyer here. Use code FWS and your $750 Family Wealth Planning Session is free.

 

 
 
RESOURCES
Are you on the Board of a local school, or involved with a PTA who would find it educational for parents to have information presented to your parents on naming guardians for their minor children?
 If so, call our office at 888-735-7686. R. DeDe Soto will teach parents how to ensure that their kids are totally protected - no matter what. Act now, learn the 6 Common Mistakes Most Parents Make And How To Avoid Them.
 

 

 
 
CONTACT US
The Soto Law Group
Locations throughout Southern California

Phone: 949.872.6358
888-735-7686

Website:
www.thesotolawgroup.com

Email:
dede@thesotolawgroup.com
RESOURCES
 
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RESOURCES
 
KIDS PROTECTION
FREE Kids Protection Planning Guide where you will learn:

The simple steps you can take to ensure the safety and care of your children;

A 3-step process for choosing the right person to raise your kids and

The 6 common mistakes parents make when choosing guardians, and more!



 » GET THE GUIDE