Starting a Debate

In marketing my virtual law practice, I'm considering throwing a little fuel on the fire. It's well known that the law is a very traditional profession. The basic staples of a traditional law practice are proudly guarded as sacred by the old guard; business rules proven time and time again to work so why change them.

While the N.C. Bar Association has made many wonderful efforts to push the legal profession in N.C. into wider usage of technology, there remains a large percentage of practicing attorneys who have the mind-set that nothing beats face-to-face legal counseling. On the other hand, there are a handful of younger attorneys coming into the profession who grew up attached to their laptops, took the bar exam on their laptop even, and can't imagine work or life without the methods of communication afforded by the Internet and other technological devices. I'm of the latter group which is why I chose to practice online.

I think both the traditional way of practicing law and my way have something different to provide the public. Provided that the rules of ethics are closely followed, I don't think that either way of practicing is going to shame or ruin the reputations of attorneys (which has not been in good shape in the past twenty years anyway). In fact, I think both practices can compliment each other and attend to different markets in the legal field. So, in marketing my business, I am planning on presenting this debate between the traditional method of practicing and the virtual way as an article for the local paper and see if they recognize it as a topic that affects and would interest their readers. It would be great to have a dialogue with local attorneys about the pros and cons of a more technological law practice. Can't wait for the feedback!

Speaking Different Languages

I am always surprised by the disconnect between the language of the written law, the legal professionals and the clients they are meant to serve. In law school, we are trained to analyze and imitate the written legal opinions of some of our nation's best legal minds. But we are not typically trained in how to make the law understandable to the average citizen. I think this creates an endless cycle of people having to rely on attorneys for advice on some of the basic legal rights and protections afforded them, simply because they cannot interpret the language of the law or even know where to look to find the law that relates to their legal matter. While this creates more work for attorneys, I think it is a disservice to the public. But on a positive note, I think it is getting better. For example, http://www.nccourts.org/ is the NC Court system's website and they have a general faqs section and make an effort to at least point people in the right direction. However, I think there continues to be room for improvement in the communication between the law profession and the public we serve. I don't know if the answer is more practical, "real world" law school training or more legal education in public schools. In any event, making legal advice easily comprehensible to clients is something I make a concerted effort to achieve.

Changes to State Tax Provisions Effecting Estate Tax Filing Timelines

Effective July 1, 2006, the North Carolina General Assembly enacted this House Bill 1892, Session Law 2006-18, in an attempt to conform several state tax provisions to federal tax law.

Of importance to estate law practitioners, the time required for a personal representative to file an estate tax return after he or she has been notified by the federal government regarding the amount of estate taxes owed has been changed from two years to six months. They’ve also changed the timeline for filing estate tax returns with the Secretary after a person receives notice regarding a state generation‑skipping transfer tax credit that was allowed. Something to watch out for if you are either preparing estate taxes for a client or advising them in that area. Here are the changes as posted:

SECTION 3. G.S. 105‑32.8 reads as rewritten:

"§ 105‑32.8. Federal determination that changes the amount of tax payable to the State.

If the federal government corrects or otherwise determines the gross estate tax imposed under section 2001 of the Code or the amount of the maximum state death tax credit allowed an estate under section 2011 of the Code, the personal representative must, within two years six months after being notified of the correction or final determination by the federal government, file an estate tax return with the Secretary reflecting the correct amount of tax payable under this Article. If the federal government corrects or otherwise determines the amount of the maximum state generation‑skipping transfer tax credit allowed under section 2604 of the Code, the person who made the transfer must, within two yearssix months after being notified of the correction or final determination by the federal government, file a tax return with the Secretary reflecting the correct amount of tax payable under this Article.

The Secretary must assess and collect any additional tax due as provided in Article 9 of this Chapter and must refund any overpayment of tax as provided in Article 9 of this Chapter. A person who fails to report a federal correction or determination in accordance with this section forfeits the right to any refund due by reason of the determination."

Kimbrolaw.com is live!

The website went completely live last night. This means that anyone interested can register for their own account and have access to the "ask a lawyer" function. As with any new site, there are sure to be some things in the layout and usability which might need improvement. I'm looking forward to receiving such critiques from potential clients and working to improve the site. My next step is to get the word out to people who might benefit from having access to an affordable, online law office.

Slow but steady...

The payment and "ask an attorney" function of the website is still in the process of beta testing. We are trying so hard to make sure that everything is in compliance with the NC Bar and also easy to understand and use for the clients. Therefore, we are taking our time to make sure the site is done to the best of our ability.

In the mean time, I have been practicing law locally from my home. I have worked on several estate planning projects and a small business setup. I thoroughly enjoy practicing law independently. The total responsibility for a legal matter motivates me much more than when I was practicing in firm and sharing different aspects of a legal case with several other legal professionals. With my home practice, I feel that I can take the time I need to so that I can focus on a client's needs without having to worry about billable hours. I think it humanizes the practice of law more to focus on the client as a customer and not focusing on their legal matter in terms of how much time it will take you to work on it and what that will equate to in billable hours at the end of the day. So I am more optimistic each day that Kimbro Legal Services @ kimbrolaw.com will serve as a great way to practice law for me as an attorney who needs the flexibility to stay at home and care for her young child and at the same time provide quality legal services in a more customer-friendly method. Of course, I am prepared for the potentially negative feedback from traditional attorneys that I may receive once I start marketing the website and business. But I think by maintaining my professionalism online and in my marketing strategies and by making this website secure and safe for clients, I can convince other attorneys that this can be an alternative to the traditional, physical law firm.

Once the website is completely operational, I plan on blogging on NC related legal matters related to the services I plan to offer. Please check back later in the summer.