As I said before, please remember when a lawyer becomes involved your problem becomes an issue and that I am a paralegal not a lawyer.
The P.T.F.A. was signed into law May 21, 2009. Prior to P.T.F.A. a tenant could be evicted from a property with as little as 24 hour notice if the property owner was forced into foreclosure. Even if the tenant had a lease and was paying the rent on time every month, the eviction could happen. Under P.T.F.A. if a property is forced into foreclosure, the Bankruptcy Trustee or new owner is required to maintain the property as is for the remaining duration of the longest current lease term.
For example, in a multi-tenant property where renter 1 has a 6 month lease and another renter has a 2 year lease, the property must be maintained for the 2 years. However, the tenant with the 6 month lease could still be forced to move when their 6 month lease expired. All amenities promised in the lease, like utilities being included in the rent must be maintained duration of the lease.
Month to month tenants were also included in the order. Under the P.T.F.A a month to month tenant will have 90 days if they are ordered to vacate the property.
Just so you know under executive order section 8 and H.U.D. subsidies where to be considered as leases under the P.T.F.A.
Of course, you have to prove that you have maintained your end of the lease with rent receipts and a hardcopy of your lease.
Now P.T.F.A. was original set to expire December 2012. P.T.F.A. was renewed in April 2013 under Dodd-Frank Wall Street Reform and Consumer Protection Act H.R. 4173. Extending the termination date to midnight December 2014. So as you can see, an executive order might very well be a great quick but very temporary fix to a problem. A permanent lasting fix still has to go through the usual channels. At least while we are still pretending to live in a democratic country not a plutocracy.
Side-Note: Barnett “Barney” Frank (born March 31, 1940) United States House of Representatives Massachusetts from 1981 to 2013. I believe he was instrumental in getting this added to the Wall Street Reform and Consumer Protection Act. I would very much like to see him in the senate I think he would create a lot of problems for the idiots in the senate.
I know there has been a lot of hoopla over the number of executive orders President Obama has made. Just so you know, I would like to point out, according to the federal register President Obama has only made 151 executive orders compared to President G.W. Bush’s 300.
Excuse me for getting a little political but I am human after all.
Next week we will pick up with why lawyers are so interested in money.
As before when a lawyer becomes involved your problem or concern becomes an issue. Also please remember that I am paralegal not a lawyer.
Returning to the firm categories. There are many different categories of firms. There are firms that only devote themselves to Medicare or Social Security issues. There are firms that center on family law issues. There are firms that limit themselves to intellectual property issues. Firms that will only handle real estate issues. Firms limit themselves to surgical errors. Another firm will focus on bad medications. Usually these highly specialized law firms are very expensive or run by an independent. Unfortunately you may have to expand to a nationwide search if you want to find a law firm solely dedicated to your particular issue.
Now let’s talk about what I call the “combo firms”. Combo firms focus on 2 or 3 separate issues. Usually these issues are somewhat related. For example there may be a firm primarily focused on Bankruptcy which will also handle Tax Law issues. Also there are firms that handle domestic and criminal issues.
Plus there are firms that manage to focus on 2 or 3 very different issues. For example a Personal Injury Firm may also deal with Social Security and or Medicare issues.
Just like doctors there are law firms that take care of legal malpractice issues. Yes, these are the fabled lawyers’ lawyer. These law firms focus on the mistakes and errors that lawyers make. Let’s be honest there are a few lawyers who should have never gotten their license. Plus Lawyer’s whose support staff is not of the ‘best quality’. Clients who despite how weak their case is or how much they hamstring their lawyers and feel it must be the lawyers fault when they lose.
Moving on to types of lawyers. Generally speaking and setting the need for money aside, there are 4 types of lawyers in the world. 35% of the lawyers out there are what I would call “White Knights”. These are lawyers like to ride in on their white charger and save the world because they are just so special. Next is what I call “Dark Knights”. About 40 to 45% of the lawyers out there are Dark Knights. These Knights had something bad happen to them or someone the dearly cared about and they decided if they became a lawyer they could prevent that bad thing from happening again or to someone else. Almost the same reasons Bruce Wayne gave for becoming Batman. There are the know-it all’s, these lawyers will do their very best just so they look you in the face and tell you ‘Aren’t you glad I am way smarter than you?’ Last and very least are the last 1-3% of the lawyers, these idiots make life extremely difficult for the rest. These lawyers are more concerned with the dollar and really don’t care how they make it. You most often hear about them in the news. They’re the ones caught ‘stepping around’ rules and regulations. Who shaft their clients or get themselves killed by their crime lord clients.
Next week we will talk about why lawyers want so much money.
Just a reminder, when dealing with lawyers your problem or concern becomes an issue. Also, please remember I am a paralegal not a lawyer.
Let’s move on to the small firms now, in most cases these firm’s are made up of 2 maybe 3 lawyers. Lawyers, who have joined forces to create their own firm, more often than not, are started by lawyers fresh out of law school, eager to take on the world. Sometimes these lawyers come from 2 or 3 of the larger firms. Unhappy with the treatment they received, or with the treatment of one or two clients, these “Knights” decided to give it a go on their own. Unfortunately, they have a lot less operating capital than larger firms. The supporting staff at a small firm is going to be a lot smaller. Which means their paralegals may even have to double as a receptionist from time to time.
Now let’s start with the Independent Lawyers. Even an Independent is often referred to as a law firm. These law firms consist of 1 lawyer and no support staffs. These troopers even have to take out the trash themselves. The Independent lawyer has to rely on their own skills, ingenuity, knowledge and cleverness. Occasionally, these Independents do get lucky and connect up with a skilled paralegal. It works like this, 2 or 3 independents will share the expertise of a paralegal. The Independent will call and or email the ‘shared’ paralegal with an assignment. When the paralegal completes the assignment h/she will email, fax or hand deliver the results back to the assigning lawyer. Unlike the larger firms, you will probably see more personal involvement from an Independent lawyer.
There are a few Independents that will dedicate themselves to try and help you. If the independent truly believes your issue has grown beyond his skill, a few independents will swallow their pride and help you find the help you need.
For some Independents, especially those fresh out of law school, where they live is the most important. However, these independents do try to connect with a local law firm. These local firms are usually fully staffed. Depending on the reputation earned as an Independent, these Independent lawyers usually get snapped up by a local law firm as soon as there is an opening available. Sometimes, and only sometimes openings are made available for them.
Next, let’s talk about the law firm categories. Law firm categories can be just as complex and confusing as lawyer specialties. There are firms that only deal with one issue, plus sub-issues as related to the main issue . I want to start with a Personal Injury Firm (the PI firm). There are PI firms operated by an Independent exclusively handles auto accidents. Another PI firm with more than one lawyer may handle auto accidents, and truck accidents. There are firms that only deal with medical malpractice exclusively. Medical malpractice firms only deal with surgical errors. Yet still other medical firms that will solely take on surgical and drug issues.
Next week we’ll talk more about specialized law firms and the types of lawyers out there.