Wealth Law Blog : Oregon Asset Protection Lawyers & Attorneys : Samuels Yoelin Kantor Seymour & Spinrad Law Firm : OR Estate Planning, Fiduciary Litigation

We’re excited to welcome three new attorneys to the Samuels Yoelin Kantor LLP family:  Ben Leedy (left), Denise Gorrell (right), and The Honorable Donald W. Hull (center).

The Honorable Donald W. Hull has joined the firm as senior counsel. Judge Hull retired in December 2011 after serving 20 years on the bench for Circuit Court, District 7, which includes Gilliam, Hood River, Sherman, Wasco and Wheeler counties. Judge Hull has presided over an incredible variety of cases throughout his twenty years on the bench. His extensive knowledge of complex and, often times, emotional cases — as well as his experience in private practice — provides a valuable resource for our attorneys and clients. You can contact Judge Hull directly at dhull@samuelslaw.com.

Denise has joined the firm as a partner focusing on the business and litigation practice areas. Prior to law school, Denise spent 11 years on the Seattle restaurant scene, including stints at the award-winning Wild Ginger restaurant and wine retailer Esquin. This first-hand experience helps her understand the unique challenges that food and beverage entrepreneurs face when planning, launching and running their businesses. Denise also maintains a successful business and fiduciary litigation practice, frequently representing clients on real estate disputes, business dissolutions, and trust contests. You can contact Denise directly at denise.gorrell@samuelslaw.com.

Ben joins the firm as an associate, with a focus on the areas of commercial real estate, real estate development and finance, and retail and office leasing. He frequently represents clients on purchase and sale transactions, as well as real property secured lending transactions, including loan modifications, workouts, and deeds-in-lieu of foreclosure. An experienced presenter and author, Ben has spoken and written about a variety of topics including commercial mortgage loan workouts, employment contracts and legal developments affecting the management of golf courses and private clubs. Ben can be reached at ben.leedy@samuelslaw.com.
 

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Coming up in February...
COMPLIMENTARY SEMINAR SERIES

Samuels Yoelin Kantor LLP's seminar series helps keep our clients and colleagues informed on recent developments and industry best practices. The seminars typically take place in our beautiful, state-of-the-art conference room on the 38th floor of the US Bancorp Tower. Seminars are complimentary. Participants qualify for (1) Continuing Professional Education (CPE) credit. To register, please use the links below or call us at 503-226-2966. Seating is limited, so be sure to contact us soon!
 

February 2012 Seminars:

1. Understanding and Assessing Testamentary Capacity in Oregon
2. Famous and Infamous Wills
3. Estate Planning in Oregon

 UNDERSTANDING AND ASSESSING TESTAMENTARY CAPACITY IN OREGON

Thursday, February 2, 2012
12 NOON - 1:30 P.M.
at Samuels Yoelin Kantor LLP offices
Complimentary lunch will be served

Presented by  Anthony Dal Ponte, Eric Wieland and Dr. Leeza Maron 

The topic of testamentary capacity presents challenging and complex issues, especially given the fact that the courts seek definitive answers while the medical community is more inclined to provide answers based on probabilities.

Estate planners, fiduciaries and trustees will all benefit from this discussion of what the courts look for in terms of capacity, and how attorneys and others can assess testamentary capacity when working with clients. Dr. Leeza Maron, OHSU Assistant Professor and Licensed Psychologist, will discuss the basics of neuropsychological assessment and its role in estate planning — and how it can be used during trial.

To register for this seminar, contact events@samuelslaw.com or call us at 503-226-2966.

FAMOUS AND INFAMOUS WILLS

Monday, February 6, 2012
6:30 P.M. at ClubSport

Presented by Michael Walker and Glen Goland

Learn from the missteps of the rich and famous about estate planning. How DID Jackie Kennedy, Elvis Presley, Marilyn Monroe, Heath Ledger and Anna Nicole Smith divide up their wealth? This fascinating seminar may even motivate you to make 2012 the year you put your own estate and financial plans in order. We'll discuss the scandalous estates of the rich and famous, and present three simple steps you can take to get your own estate in order.

This seminar is being held "off-site" at ClubSport in Tualatin. If you'd like to attend this complimentary seminar as a guest of Samuels Yoelin Kantor LLP, please contact us at events@samuelslaw.com or 503-226-2966. Or, if you're a ClubSport member, you can register at the club's activities desk or by calling 503-968-4555.

ESTATE PLANNING: THREE IMPORTANT DOCUMENTS THAT EVERY OREGONIAN SHOULD HAVE

Wednesday, February 15, 2012
7:30 - 9:00 A.M.
at Samuels Yoelin Kantor LLP offices
Light refreshments will be served

Presented by Eric Wieland and Glen Goland

The first part of a year-long Estate Planning seminar series, this session will introduce the class to the basics of wills, powers of attorney and the Oregon healthcare directive.

We'll talk about some of the factors you should consider when executing these documents and explain the powers that are granted in each one. We'll also discuss the different ways that property can be transferred at death, and we'll outline the probate process from start to finish.

To register for this seminar, contact events@samuelslaw.com or call us at 503-226-2966.

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If you are the owner of an Oregon business entity such as a corporation or limited liability company, you may have recently received an official-looking notice from a “Corporate Regulatory Committee” demanding payment of $238.00 to file your Oregon corporate annual report.

According to the Oregon Attorney General’s Office, this notice is a scam. In a telephone conversation with our office, a representative from the Attorney General’s Consumer Hotline confirmed that it has received numerous calls from concerned Oregon business owners over the last few days regarding this notice. The Attorney General’s office did not indicate whether or not they will be undertaking enforcement actions against this company.

Buried in the language of the notice is the easy-to-miss statement: “This service has not been approved or endorsed by any government agency and this offer is not being made by any agency of the government.” A search of the send-to address (1118 Lancaster Drive #369 in Salem, OR) reveals a private postal service center, not a legitimate business storefront.

If you have already sent payment to this “Corporate Regulatory Committee,” the Consumer Protection department of the DOJ requests that you complete a “Consumer Complaint Form”. You can complete this form on-line, or print and mail to the Oregon Department of Justice. As there is no assurance that this company will actually complete the Oregon annual report filing as promised, one should also visit the Oregon Secretary of State’s website prior to the annual report’s due date to ensure that the report has been properly filed. If the annual report is not timely filed, your company could be administratively dissolved under Oregon law.

If you have not sent payment but have questions about this scam, you can call the Attorney General’s Consumer Hotline:
503-378-4320 from Salem
503-229-5576 from Portland (toll free)
1-877-877-9392 elsewhere in Oregon (toll free)
 

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A recent case in Multnomah County, Drury v. Assisted Living Concepts, considered whether an arbitration clause in an assisted living contract precluded a wrongful death lawsuit brought by the children of deceased facility resident, Dorothy.

Dorothy was suffering from dementia and her mental capacity was severely impaired at the time her son, Eddie, admitted her to the defendant’s assisted living facility. Eddie signed the facility’s admission paperwork and residency agreement. At that time he was not yet Dorothy’s guardian or conservator and did not then have a power of attorney for her.

The residency agreement included a clause requiring arbitration for all claims or disputes relating to the agreement or the services provided “to You by Us.” After about a year in the facility, Dorothy died as a result of injuries sustained in a fall. Her estate’s personal representative sued the facility for wrongful death resulting from negligent conduct. The defendants (unsuccessfully) moved to compel arbitration, arguing that the estate was bound to the residency agreement as a third-party beneficiary of the contract.

On appeal, the court agreed that Dorothy’s estate was not bound to the agreement and its arbitration clause. Under general contract law principles, a third-party beneficiary is presumed to assent to a contract when it accepts benefits or otherwise seeks to enforce rights under that contract. Dorothy was a “third-party donee beneficiary” of the residency agreement signed by her son. The critical issue for the court was Dorothy’s mental capacity - or lack thereof. Even though Dorothy accepted the contract’s benefits (the facility’s services and apartment), her lack of requisite mental capacity meant that her acceptance of benefits did not ratify the contract. 

This case emphasizes the importance of getting one's legal affairs in order BEFORE you become incapacitated, particularly your estate plan that includes a power of attorney and an advance directive for medical care. 

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Legal Issues for the Entrepreneur
THURSDAY, SEPTEMBER 29, 2011, 6:30 p.m. at ClubSport

Presented by Victoria Blachly, Ted Simpson and Michael Walker

Are you a small business owner — or thinking about starting a new business?

Later this month,Victoria Blachly, Ted Simpson and Michael Walker are leading a free seminar for ClubSport members and guests.

"Legal Issues for the Entrepreneur: Launching and Sustaining Your Business in Volatile Times" is designed to educate small business owners and those thinking about starting a new venture. Seminar attendees will find out how to:

• Protect your business in a litigious and economically challenging environment
• Determine the best type of corporate entity for your business
• Secure business assets through non-compete and non-disclosure agreements

After the presentation, attendees are invited to mingle and network as Mauro Hernandez of Sherwood-based K&MWines, Alchemy Vineyard, shares small production wines for tasting and purchase.

The seminar will be held Thursday, September 29, starting at 6:30 p.m. If you are a ClubSport member or would like to attend as a guest of Samuels Yoelin Kantor, you can register for this complimentary seminar at the activities desk or by calling 503-968-4555.

Stay tuned to this blog for information about additional seminars, which are complimentary, open to the public, and held at the Samuels Yoelin Kantor LLP offices and other locations.
 

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From time to time we publish summaries of interesting trust and estate cases.  While wealthlawblog doesn't normally post about criminal cases, this particulary criminal case reminds us that family care agreements are presumably gratuitous and not contractual in nature.
 

State v. Nolen, Oregon Court of Appeals, August 3, 2011

The unemployed defendant, Nolen, moved in with his 70+ year-old mother, who suffered from diabetes, arthritis, and severely limited vision. They agreed Nolen would help his mother with her medical needs and she would continue to pay his bills and do household tasks such as cooking and laundry. After a few months of this arrangement, a dispute over money escalated and Nolen physically harmed his mother. After a jury trial he was convicted of criminal mistreatment and felony assault.

On the appeal of the criminal mistreatment claim only, Nolen argued "contractual agreement” in ORS 163.205 - the statute relied upon by the state for his criminal mistreatment conviction - meant a legally enforceable contract, which the state had failed to prove at trial.  The court of appeals agreed, turning to the century-old practice for Oregon courts to find that “agreements among family members concerning care and support are presumably gratuitous--that is, that they do not have contractual force:”

[I]n the normal course of human affairs persons living together in a close relationship perform services for each other without expectation of payment. Payment in the usual sense is not expected because the parties mutually care for each other's needs. Also because services are performed out of a feeling of affection or a sense of obligation, not for payment.

York v. Place, 273 Or 947, 949-50 (1975).

One is left to ponder why the state declined to focus on the ORS 163.205(2)(d) "legal duty" based on Nolen's “familial relationship” to the victim, rather than an unwritten, unenforceable contractual duty for family care. 
 

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We are pleased to announce a new seminar series that will keep our clients and colleagues informed on recent developments and industry best practices. The seminars take place in our beautiful, state-of-the-art conference room on the 38th floor of the US Bancorp Tower. Seminars are complimentary and include a boxed lunch.

To register, contact events@samuelslaw.com or call us at 503-226-2966. Seating is limited, so be sure to contact us soon!

ASSET PROTECTION
WEDNESDAY JUNE 8, 2011, 12 NOON - 1:30 P.M.

Presented by Edward "Ted" L. Simpson

The legal landscape across which creditors chase debtors is ever changing. What worked 10 years ago does not necessarily work today.

This has resulted in three categories of asset protection strategies: those that are readily identifiable and either do or do not work according to established law; those that are promoted as asset protection strategies, but about which the law is not settled; and those that are new and unique, have not been identified as asset protection strategies, and which have not been the subject of studied attempts to pierce. In this seminar we will take a thoughtful and practical look at how asset protection planning is approached and how strategies are developed, both broadly and in specific situations.

INCLUDING PETS IN YOUR ESTATE PLAN
WEDNESDAY JUNE 29, 2011, 12 NOON - 1:30 P.M.

Presented by Glen Goland

This seminar will discuss Oregon’s long history on the forefront of animal rights and will cover the short and long‐term questions that pet owners should consider when preparing their estate plans.

To register for any of these seminars, contact events@samuelslaw.com or call us at 503-226-2966. Seating is limited, so be sure to contact us soon! 

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We are pleased to announce a new seminar series that will keep our clients and colleagues informed on recent developments and industry best practices. The seminars take place in our beautiful, state-of-the-art conference room on the 38th floor of the US Bancorp Tower. Seminars are complimentary and include a boxed lunch.

To register, contact events@samuelslaw.com or call us at 503-226-2966. Seating is limited, so be sure to contact us soon!
 

VIRTUAL ASSETS
WEDNESDAY JUNE 1, 2011, 12 NOON - 1:30 P.M.

Presented by Victoria D. Blachly and Michael D. Walker, P.C.

Virtual assets include emails, digital images, electronic financial statements, social media accounts, web sites, and e‐banking related accounts, among others. Many of these assets are assets that are generally transferred through a client’s will or trust.

As more of our population goes online, we have seen a rising number of cases surrounding the use (and abuse) of these assets.

This seminar will outline the policies employed by some common email and media providers, talk about where these assets fit in our clients’ estate plans and point out some specific areas of concern. We will conclude by talking about the pros and cons of some of the different “online vaults” that are available to clients.

ASSET PROTECTION
WEDNESDAY JUNE 8, 2011, 12 NOON - 1:30 P.M.

Presented by Edward "Ted" L. Simpson

The legal landscape across which creditors chase debtors is ever changing. What worked 10 years ago does not necessarily work today.

This has resulted in three categories of asset protection strategies: those that are readily identifiable and either do or do not work according to established law; those that are promoted as asset protection strategies, but about which the law is not settled; and those that are new and unique, have not been identified as asset protection strategies, and which have not been the subject of studied attempts to pierce. In this seminar we will take a thoughtful and practical look at how asset protection planning is approached and how strategies are developed, both broadly and in specific situations.

INCLUDING PETS IN YOUR ESTATE PLAN
WEDNESDAY JUNE 29, 2011, 12 NOON - 1:30 P.M.

Presented by Glen Goland

This seminar will discuss Oregon’s long history on the forefront of animal rights and will cover the short and long‐term questions that pet owners should consider when preparing their estate plans.

To register for any of these seminars, contact events@samuelslaw.com or call us at 503-226-2966. Seating is limited, so be sure to contact us soon! 

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The Importance of Using a Lawyer Before You Encounter a Problem

Legal disputes can be very expensive, very risky, and very time consuming. In my experience, most disputes could have been avoided if the client had sought the assistance of a lawyer before they entered into the agreement or transaction that was the basis for the dispute. Unfortunately, many people don’t see an attorney until after a dispute has arisen. At that point, it is often too late to undo the damage and the client spends substantially more time and money addressing the dispute than they would have if they had sought the assistance of a lawyer before they signed the contract or started the project.

Such experiences cause me to think of the old Fram Oil Filter ads – the ones that said, “You can pay me now or pay me later.” Fram’s message was that you ought to pay a small amount of money to regularly change your oil filters rather than a whole bunch of money later to fix the problems caused by not maintaining your oil filters. The Fram Oil Filter ads imply, as I advocate in this article, that it makes better sense to pay a little for some prevention early on rather than paying a whole bunch more later when a problem develops. I believe the same can be said for the use of lawyers.

Before signing a contract, entering into a transaction, or starting a new venture, you should weigh the risks of the actions you are about to take. You should also perform a cost-benefit analysis to help determine whether you need to use a lawyer to assist with addressing the risks in the contemplated venture or transaction. The more risks you take on, the more important it is to use a lawyer to assist with the transaction or business venture. This may even be more important in the current economy when profits are not as easy to come by as they were a few years ago.

While it may only take a few hours for a lawyer to review a contract, form a business entity, or provide you with advice about a transaction, the amount of hours necessary to prosecute or defend a business dispute can be staggering. Many disputes that I have seen could have been avoided if the client had an attorney provide them with a few hours of advice before they got involved with the project. In addition to providing specific legal advice regarding the contemplated transaction or business venture, the right lawyer can also provide valuable general advice based upon their years of experience and experience with similar matters.

In addition to providing legal advice about a contemplated venture or transaction, I also have some general advice I’ve found to be valuable to clients regarding contemplated transactions or business ventures:

-Listen to your gut and the gut of your business partners and spouses. I have seen a number of disputes where one or more of the parties affiliated with our client felt early on that something was not right about the transaction or the parties with whom they were dealing. In hindsight, clients have informed me many times that they wished that they had listened to their gut or the gut of their business partners and spouses;

-Be very careful when the other party to your venture or transaction asks that you do things differently than you have done in the past. This is a red flag. Watch out. If you have never previously dealt with the other party, you may want to require that the venture or transaction be handled in a manner similar to how you have handled it in the past.

-Be very careful if the other party to the contemplated venture or transaction tries to require that you utilize a contract or documentation that differs from what you typically use for similar transactions or makes you feel uncomfortable. If there is a dispute regarding the transaction, the written contract and related written documentation will be the primary documents upon which the judge or arbitrator will render their decision. Also, make sure that any changes to the agreement or transaction are documented in writing.

If used in a preventative manner and timely manner, you can get good value from a lawyer. If, however, you wait until after a dispute has arisen to see a lawyer, it will likely be much more costly and time consuming. I suggest that you take the advice of the Fram Oil Filter guy and pay a lawyer a little for some legal advice before entering into the transaction or business venture. Otherwise, you will likely have to pay the lawyer a whole lot more later after a dispute arises.
 

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Samuels Yoelin Kantor Seymour & Spinrad LLP is pleased to announce that we are moving our office to downtown Portland’s US Bancorp Tower at 111 SW Fifth Avenue. The firm’s new office will be located on the 38th floor, and the lease commences February 1, 2011. The new space, which totals 10,845 square feet, is about one-third larger than our current space in John’s Landing—plenty of room to accommodate the growth we expect in the months and years ahead!

The move to “Big Pink” signals the firm’s return to downtown Portland. When Hy Samuels founded the firm in 1927, it was located downtown—in the Ladd Carriage House, and then at Standard Plaza. The firm has been located in John’s Landing for the last 30 years, and while we have all loved the scenic, riverside setting, we’re excited about the firm’s return to an urban, dynamic environment.

The new office will be centrally located and therefore easily accessible for “green” commuting via public transit. In addition, we’ll be within close proximity to the downtown clients and professional service and legal firms that we work with on a regular basis.

Also effective February 1, 2011—and coinciding with the move—the firm is shortening its name from Samuels Yoelin Kantor Seymour & Spinrad LLP to Samuels Yoelin Kantor LLP. Over the years, most law firms have shortened their names to provide better branding and marketing opportunities. The new name will certainly be easier to say and to remember, and it reflects the last names of the three longest-serving partners of the firm.

Stay tuned for more details on our upcoming move and open house. In the meantime, Happy Holidays!
 

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A Canadian trusts and estate attorney, Megan F. Connolly, identified an alarming statistic in her blog from Alzheimer's Disease International: An estimated 35.6-million people worldwide suffer from dementia and by 2030, the number is expected to double to more than 65.7-million.

The Globe and Mail reports the astounding cost of medial care includes $96-billion in direct medical care, $255-billion for residential care such as nursing homes, and $253-billion in unpaid labour by family caregivers and that by 2030, total costs will surpass $1.1-trillion annually.

Of course, the medial expense is only part of the tremendous burden, as the toll upon the victims and their families is without measure. 

The legal challenges caused by this growing population will only increase, as predators await their opportunity to take from the unprotected.  (See prior Wealthlawblog.com postings.)   

Prepare yourself and prepare those that you love.  Put finances in order.  Make your contingency plans.  Call your estate planning attorney.   

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The 2010 edition of Oregon Super Lawyers came out today, and we’re pleased to announce that seven attorneys from Samuels Yoelin Kantor Seymour & Spinrad LLP have received recognition.

Merritt Yoelin, Stephen Kantor, and Steve Seymour have been named as 2010 Oregon Super Lawyers.

Four more of the firm’s attorneys have been named Rising Stars, the state's top list of up-and-coming attorneys: Timothy Resch, Eric Wieland, Betsy Cooper (formerly Betsy Gregory), and Irina Batrakova.

This year’s edition of Oregon Super Lawyers also includes a feature article on Timothy Resch, who served as a trial attorney with the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia. The Tribunal was established by the United Nations and was the first international war crimes tribunal held since the Nuremberg Trials following World War II.

While Tim was serving this four-year commitment, he was assigned to three cases. The most prominent defendant was Momćilo Krajiśnik, right hand man to former president of the Bosnian Serb republic, Radovan Karadžić.

Read more about Tim’s experience at The Hague on the Oregon Super Lawyers website.

You can also find more information about SYKS&S 2010 Super Lawyers in our newsroom.
 

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Who doesn't know at least one horrible and/or inappropriate joke about an attorney?  We don't exactly have the best publicity going for us.  But when you need an attorney you need A Good One - because if you cut corners and don't get a good estate planner at the outset, your estate may end up paying significantly more to litigate estate matters once you are gone.   

Sheila M. Blackford, the Practice Management Advisor for the Oregon State Bar Professional Liability Fund, has some excellent tips for the client and attorney to start the relationship off on the right foot: 

Start with clarity up front. Discuss key things at the initial client meeting:

1. Client objectives in getting a lawyer for the situation;
2. Legal process to go through;
3. Range of possible outcomes with risks affecting success;
4. Information that still needs to be gathered;
5. Method of charging and billing for legal services; and
6. Realistic estimate of how long the process may be and how much the legal fees and costs may be, based upon the present facts as discussed between attorney and client.

Communication remains key not only at the onset of an attorney-client relationship, but also throughout the legal representation. While estate or fiduciary planning requires a knowledge of family dynamics and personal goals that takes time to develop, it is well worth the efforts to avoid adverse tax or litigation expenses down the road.
 

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As a board member for the non-profit Housecall Providers Inc. ("HPI") in Portland, Oregon, I recently had the good fortune to meet with Oregon Senator Ron Wyden when he was meeting with the organization to discuss the Independence at Home Act ("IAH").  

 HPI is living proof how in-home primary care can deflect ever growing medical costs.  As HPI explains, "In-home medical care allows for proactive management of chronic health conditions that would otherwise result in costly emergency care and hospital admissions."  

The federal governement is finally catching up with this non-profit, as IAH launches a new chronic care coordination benefit in a three-year demonstration project for primary in-home care of Medicare beneficiaries who have difficulty getting to and from a physician's office - which HPI has been successfully providing for 18 years.

The statistics evidence the need for such a program when Medicare beneficiaries with multiple chronic illnesses:

• see an average of 13 different physicians
• fill 50 different prescriptions a year
• account for 76% of all hospital admissions
• account for 88% of all prescriptions filled
• account for 72% of physician visits
• are 100 times more likely to have a preventable hospitalization than someone with no chronic conditions

It will be interesting to see how this new federal program develops.  Hopefully they learn from the efforts of the good people at HPI. 

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ABC News reports on an amazing woman that left her hometown millions, after quietly tucking away her modest wages and making savvy investments.

Creating a lasting legacy through charitable giving is a tremendous accomplishment.  Calling your estate planner and making sure your ducks are in a row is part of that process.  Too often people dread facing their own mortality in properly preparing an estate plan, but it's not nearly as challenging when you find good people to work with.  Take the time to do it right.

As Winston Churchill said, "We make a living by what we get, but we make a life by what we give." 

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I had the pleasure of attending a meeting for The Link for Women and Sunny Kobe Cook was the guest speaker.  For those of you that do not know her,  "The Mattress Queen" Sunny Kobe Cook - a secretary with a high school diploma - founded Sleep Country USA with $5,000 in 1991, serving as CEO and company spokesperson for many years, with stores in the US and Canada.  She completely changed the business of how mattresses were sold. 

She then sold it for a gigantic pile of money and never has to work another day in her life, retiring at the ripe old age of 42.  So the woman knows a thing or two about business. 

Here are her three top tips for success, that are definitely worth sharing:

1.     Talk to Everyone.  Chat up people in the elevator.  Talk to people as you wait in line for your coffee.  Have no expectation that you will make any sort of business connection – just talk to people.  The goal is to keep your social muscles exercised by using them repeatedly, so that when you do have to go to that marketing event and work the room or when you do have to speak to someone important, you will feel comfortable.  She says the reason we don’t like to go into a room and talk to people we don’t know is because it’s scary, but the more you do it, the less scary it becomes.  

2.     Do Something New Every Day.  Even if it is something simple like taking a new route to work or buying a different coffee at Starbucks, do one new thing every single day.  We all get stuck in ruts.  We all get to a point where we choose inaction and passivity over change, because – again – it’s a little scary.  By taking a small step in a new direction every single day, when you do have to make a bigger leap, it won’t be that daunting.

3.     Be Grateful.  People do not begrudge others’ success stories, if those with success are grateful.  People want to help those that are grateful.  It is a positive energy that should be routine.  For the last 30 years, before going to sleep, she has identified three things that she is grateful for – and she said that on some days, she was just grateful that the day was over.  She used to write it out, but then she and her husband changed it so that they tell each other and it has become a part of their routine – and as she pointed out, when you are sharing your grateful list with your significant other, you normally include something about them, which is a pretty good way to live as well.  Also, if you end your day with thoughts of gratitude, you will sleep better and awake with a positive mindset. 

It was a terrific presentation and she is a remarkable woman. 

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Conveniently tucked between April Fool's Day and Tax Filing Day is the little heralded "National Be Kind to Lawyers Day."

You can participate in a variety of ways.  A few suggestions from the N.B.K.T.L. website:

• Switch your ring tone to the "dah-dah" sound from NBC's "Law & Order."
• If you accidentally say something wrong or inappropriate on this day, just follow it up with the words, "Strike that from the record."  Then continue talking as if nothing happened. 
• Do some simple repairs around the house with a gavel instead of your trusty hammer.

Here's to hoping this turns into the next best thing to the Fourth of July, including requisite parades, fireworks, and good friends and family gathered around the backyard barbeque. 

Cheers. 

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