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Sunday, May 26, 2013

Red light camera ticket - the nomination form aka "snitch" ticket

I have been meaning to write about the "nomination" forms that accompany the red light camera tickets that comes in the mail. Once in a while a person gets one of these tickets in the mail, but they are not the real driver. The real driver is usually someone close to that person- gf, bf, parents, siblings, cousins, or friends. The person is then stuck with the decision to "rat out" the driver, making the ticket the real driver's problem. I defend traffic tickets in Ventura County. In Ventura County, these tickets start at $480. With fees to attend traffic school, AND traffic school fee, this can add up to $600. If the ticket is overdue, there can be up to $300 fine on top.

Without ratting out the real driver, one can try to fight this ticket in court. I have taken a few tickets to court in these situations where the wrong driver was identified. As a defendant, you have a 5th amendment right to remain silent, meaning you do not have to tell who the driver is. Also, the burden is on the government to show that you were the driver. The burden is not on you to show you were not the driver, nor is the burden on you to tell who the real driver is.

But, exercising these basic rights are sometimes easier said than done when it comes to these tickets. 

I had a personal experience of arguing with the clerks office over this nomination form. I had to get a on calendar for arraignment. The office "insisted" that a nomination form is the only way to get a ticket dismissed, and therefore they refused to set the case for arraignment. Not true. I had to argue with them on basic constitutional rights (especially on 5th amendment). And even then it was a pretty ugly battle. I thought to myself, would it be worth it for most people to go through this? Probably not. My guess is one would just pay it in hopes to avoid any sort of drama like this.   (After an hour of argument I was able to get the case on calendar. That ticket was actually dismissed in trial). 

In another situation, I also had the unpleasant experience when an officer confronted my client in front of me, basically asking him on the spot to turn over the real driver. I had reminded my client not to say anything to anyone, especially if anyone asks him about the identity of the driver. Thankfully he remembered not to cave in on the spot. The officer eventually scurried away, but the whole ordeal was uncomfortable. I can imagine this sort of thing happening to other people trying to go to court themselves to fight these tickets. (That ticket was also dismissed).


I am an attorney in Ventura, California, and I do handle traffic and DUI cases. 
 I defend red light camera tickets (Oxnard or Ventura). See my case results here: http://lincharlotte.com/traffic-case-results/
If you need help with your upcoming traffic or DUI case, please contact me at 805-517-4LAW or 805-517-4529, or email me at attorneycharlottelin@gmail.com. Please visit my new website at www.lincharlotte.com for new traffic and DUI legal information. 


Sunday, May 12, 2013

My humble cost of starting/running a law practice...

I was doing some bookkeeping this weekend and pondered what was the true cost of running my law/business. I remember reading this blog a while ago from Lawyerist (http://lawyerist.com/the-cost-of-starting-a-solo-law-practice-and-keeping-it-going-for-at-least-a-year/). Lawyerist is also a great blog for solos and young attorneys if you don't already have it in your blog feed). Actually as I was writing this post I found out that the original blog has been updated with another blog (http://lawyerist.com/how-much-it-really-costs-to-start-a-law-firm/) that discusses the recommended cost of starting a practice. Apparently there was some controversy over the $3000 amount. So I thought it'll be fun to compare my experiences against both the theoretical $3000 vs the updated blog that claims to be more realistic.

I am by no means endorsing this as what I recommend, or claiming that this is the ideal budget. I am just listing this to show what my budget is at the stage that I am in. The budget will also depend on what stage you are in. And to clarify, the stage I am in is still the "experimental" stage, where I am still  figuring out what I really really want to pursue (in lean startup fashion). This means I may be doing things on a shoe-string budget while I am learning and refining, rather than investing in some big ticket items such as software licenses or expensive furniture.

So, my cost at my current stage:

The can't-get-away-with costs
Physical space- $130/month for virtual office for 8 hours a month.
I agree with the updated blog. In 6 months you WILL need to find an office or some kind of space to meet clients. Around this point meeting at starbucks or Panera (with my favorite startup clients actually) is just not enough. It is way too hectic, there is no privacy, and you have no way to make copies of important documents (details!). I was sitting outside starbucks on the patio and important papers flew out of my file, and the client had to run after it! (embarrassing?)

But in comparison, I did have an office in the beginning. In month one I just didn't have the traffic to justify the space (and paying the rent was quite a burden on my startup budget). So now I am exploring the concept of something in between- like a virtual office to rent for a few hours a week. But again this will depend heavily on your area of practice. If you are doing all contract work for other attorneys, you probably don't need an office.

Efax
$6/month
I always wonder why in 2013 we are bending over backwards to make an old technology work. Basically with efax we are transforming a "scan" into a "fax". This topic is beyond me. I just accepted the fact that most administrative agencies and courts will ask if you have a fax. I actually felt bad that a judge had to overnight an order to me rather than have the ability to fax it. So I caved in and bought a cheap efax service.

Google Phone
Free BUT cell phone charge =$100/month.


Lexis/Westlaw? Local library = FREE, but consider how many trips you will have to make.
Thankfully the law library is attached to my local courthouse. So I have a running list of books I need to pick up or caselaws or CEB chapters I need to download, and get them all at once when I make a trip down there. May be a bit inefficient, but I did sign up for one of these services at one point. The cost of using these services by the month will add up and it just doesn't justify my practice for now (this may be different if you were a full time researcher or litigator).

Bar Associations
$70 VCBA + varies for local section. Local sections may be important because of the ever important listserves.
I may add LACBA membership, but these fees add up.

MCLE = Varies
Practice guides to buy = varies
Some guides you can get at the library, but for some niche practice areas (like special ed or immigration) it may be pretty tough to find a copy from the library.

Ink cartridge = $12/month

Legal Malpractice insurance = $500 first year

Hosting service for websites = $5/month

Stamps = random

The costs I don't know if they count
Laptop/computer cost- well, I am still using the same one from my 3L year.

*update: may be doing the upgrade to an imac soon ($2000). I find I am more productive on a desktop. Plus it gets too hard to have to copy/paste from 2 windows or reference multiple windows to get some work done on my tiny 15 inch laptop.

Printer/scanner from costco = around 2-300. Should probably add this on your christmas wishlist!

health insurance = $114/month for now. But this is not all inclusive.

Buying domains = $12, but discount codes available. I also buy alot of domains so my budget here may be an outlier.

Hiring someone to modify wordpress= around $300 market rate

Auto insurance/gas - this counts if your job is to drive area to area.

Business cards from Vistaprint = $10 about
If you are doing direct marketing, the cost of envelopes and stationaries may add up substantially. For some reason the envelopes are exponentially more expensive than the letterhead.

marketing in general
Some you can get away with for free like Craigslist or free online yellowpages-type profiles.
If you get into google ads, the cost will go up depending on your practice area and keywords.
Then there's other traditional marketing.

Costs I haven't considered
incorporation- in CA would be $100 plus $25. Update: don't forget the yearly tax bill for a corporation! (I believe it is $800/year) This could make or break your first year budget.

secretary/paralegal. Many people would argue this is the key to a practice- getting help from someone who really knows the system. Also many argue how invaluable it is for someone to answer your phones. Right now, I am compromising by letting google voice filter out the calls.

But overall, even taking out the things I haven't considered, or things that don't really count, it's really still cutting it a bit close to claim you can start up a practice in less than $3k. Remember, everything here varies by the person, the practice, the geographic location, etc.

What's your startup budget??