What (at a minimum) should you expect from your attorney?

What follows is my opinion on what you should expect from your attorney. They are the minimum standards of conduct necessary in order to build trust between an attorney and his client. My view is that you have a right, not just to ask for, but to demand the following:

Attorney John Menszer

Attorney John Menszer

 

His or her attention.

An attorney must listen to you in order to evaluate the facts of your case. He (or she) should pay attention to the details of your story. He should ask you questions in order to get you to focus on the critical facts of your case. He should be able to summarize what you said and feed you back what he heard. On the other hand, in many cases a story contains both legally relevant and legally irrelevant information. You may not be aware of the difference. Don’t be put off if at some point in order to save time your attorney wants to skip over the legally irrelevant parts of your story.

A prompt response to communications.

My thought here is that attorneys should return phone calls the same day, preferably within 3 hours, and emails by the next day at the latest. The premise is what is reasonable. If the attorney is in trial, he may not be able to meet this goal. But, you should feel that your attorney is accessible to your need to communicate with him.

Realism.

Your attorney, like your doctor, should tell you the truth. He should not over-promise, but be realistic about your chances. If you give your case to an attorney who promises the moon, he will likely break that promise. You are hiring an attorney for his knowledge and his judgment. He should tell you what he knows and it is often appropriate that he share with you what he doesn’t know. (But it is OK if he says he has to do legal research in order to find the answer.)

An explanation.

An attorney should be able explain his view of your case up to your ability to absorb the information. Not everyone wants to know the how and why, but for those who do he should be available to explain the issues in your case.

Timeliness.

Your case should progress in a timely manner. Frequently, unforseen complications arise that require an adjustment of the expected time frame. Nevertheless, you should be assured that your case is getting a fair share of your attorney’s attention.
Your best interest in mind.

They say that to a hammer every problem looks like a nail. I’m not sure what that means, exactly. But as a client I want my attorney to have my best interest in mind. It is possible in the legal arena to throw up a lot of sparks that give very little heat. Not e very case benefits by taking extreme measures. Compromise is sometimes better than a win, especially if it comes at a lower cost and in time. The services an attorney delivers should be appropriate to the case and the needs of the client, not just to the size of the client’s pocketbook.

Do you know you can you freeze you property tax assessment?

As property values rise freezing your assessment is one of the smartest financial moves you can make.

Here is how it works. JohnMenszer_4686Homeowners who become 65 can permanently freeze their assessments if they have an adjusted gross income below the scheduled amount. For tax year 2015, the amount is $71,563.00.

It is simple to apply. You must go in person to your assessor’s office with a copy of your latest tax return and your driver’s license. You only need apply once, as you do not have to reapply every year.

The special assessment is permanent as long as you continue to qualify:  That means you continue to own and reside in your home.  Your adjusted gross income does not exceed the scheduled amount for that year. The value of your house does not increase more than 25% due to construction.

If the owner dies the special assessment passes to the surviving spouse who has minor children or who is 55 or older and meets the other qualifications. Veterans who are at least 50% permanently disabled also qualify to for the special assessment freeze. 

In Louisiana, property is reassessed every 4 years, so don’t wait to freeze your tax assessment.

For more information contact an attorney or the following websites:

The Louisiana Tax Commission

http://www.latax.state.la.us/Menu_FAQ/FAQ.aspx

Orleans Parish Assessor’s Office

http://nolaassessor.com/faq.html

Jefferson Parish Sheriff’s Office

http://nolaassessor.com/faq.html

St. Tammany Parish Assessor’s Office

http://www.stassessor.org/frequently-asked-questions

 

Essential Information About Tax Sales.

JohnMenszer2-Exposure-1000931Lately, I am getting a lot of calls about tax sales. It is no coincidence that CivicSource recently conducted a property tax auction in Orleans Parish. Tax sales involve a lot of moving parts and unfortunately they don’t all work together. Let’s look further into this.

After the tax sale while you are waiting for the three year redemption period to run you are going to have to protect your investment by paying each subsequent year’s taxes.

However, if the property has housing violations you as the tax sale purchaser may receive notices from New Orleans Code Enforcement about a hearing.  If you do not remediate these issues the property may be burdened with fines and penalties.  Even worse, the City will not accept your payment of subsequent year’s taxes without payment of the Code Enforcement lien. This is horribly unfair – to expect a non-owner to fix up a property – but it is how the City operates.

There are two roads to reward with a tax sale.  If the owners redeem the property within the three year redemption period you make a nice return.  Your investment back, plus 5% penalty and 1% per month interest.  Twelve (12%) interest is not bad in this economy.

If they do not redeem, what next? The law provides that you can quiet the title to your tax sale purchase. This is the lure for many people – to get property inexpensively. But there are problems here too. The due process clauses in our Federal and State Constitutions work against the tax sale purchaser. As currently interpreted by our courts due process requires that reasonable attempts be made to notify every stake holder in the property prior to the tax sale.  Often, this doesn’t happen.  Most title companies just assume that tax titles are flawed and will not write title insurance on it.

I find that the people who invest in multiple tax sale certificates do best at these auctions. They win on some and lose on others. The purchasers of sole tax sale certificates sometimes lose their entire investments.