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“Whatever they put in front of me, I just signed.” Does this quote from the recent report on mortgage closings from the Consumer Financial Protection Bureau sound like you? Consumers interviewed for that study used these words to describe mortgage closings: confusion, stress, time pressure, cost and delays. Your experience CAN be different. Choosing the right settlement agent is critical to avoiding these common complaints. A common complaint about real estate closings involves the timing of document delivery. The closing documents, often 100 pages or more, don’t reach the consumer until the closing, making it impossible to review and digest those documents. Ideally you would receive the documents two days prior to closing so that you can review them. Ask your settlement agent to share documents with you as they become available during the process. Surprise fees and costs at the closing table is another common complaint about real estate closings. Many consumers report that even though they encounter discrepancies that result in unease at the closing table, they often feel pressured to sign documents during the allotted time in order to avoid risking delays or even losing the house. You should ask to see the settlement statement (HUD-1 Form) at least 24 hours prior to closing so that you can compare fees on HUD-1 with the Goof Faith Estimate you received earlier in the process. Finally most people are overwhelmed with the sheer number and complexity of the closing documents. Neal Wolin, former Deputy Secretary of the Treasury and a particularly knowledgeable consumer, vividly described his closing: “The documents are literally impenetrable… Here I was — former general counsel of the Treasury, former general counsel of a Fortune 100 financial services company — asking my lawyer to help me through 100 pages of incomprehensible, turgid gobbledygook.” Unlike Mr. Wolin who had his own attorney at the closing, a significant number of consumers feel that there is no one to provide explanations, answer clarifying questions or to explain the process or content to them. They describe feeling a power imbalance at the closing table: “Consumers described feeling that there was no advocate at the table to listen to their concerns and fight for their position. CFBR Report, p. 24. You can avoid this by choosing a settlement agent who you trust to listen to your concerns and protect your interests at closing. Fiffik Law Group, PC provides a full range of services to residential and commercial buyers and sellers. Contact our experienced real estate attorneys today.

The process of buying property can be complicated.  A recent report from the Consumer Financial Protection Bureau describes real estate closings as confusing, stressful, time pressured, costly and filled with delays. A settlement agent/title company will be involved in the closing.  You have the right to choose who will provide those services.  Choosing the right settlement agent is critical to avoiding these common complaints.  Take control of the process by using your attorney as the settlement agent. As a buyer, you have some basic goals: get a deal on paper, close the deal quickly, avoid problems during the settlement process and no surprises at the closing table. Getting the right attorney involved can help you achieve these goals. Get a Deal On Paper Whether a realtor is involved or not, someone will need to prepare a sales agreement. There are lots of form agreements available on line but beware; every agreement has a particular “slant” toward one party or another. Quality varies quite a bit. A poor quality agreement can give a seller many “loopholes” that can be used to get out of the deal or force you to accept problems with the property. You will want to make sure any agreement that you use is reviewed and modified by your attorney to make it most likely that the deal with close. Close the Deal Quickly Once the deal is signed, there are LOTS of things that need to happen before the closing. Title searches, title insurance, tax clearance letters, inspections and appraisals are but a few of those items. Have your own attorney handle these things. If your attorney is controlling the process, it makes it far more likely that a closing happens as soon as possible. Maybe a delay costs you an increased interest rate on your loan. Not controlling the process can cost you money. Avoid Problems Title searches, inspections and other items that happen during the time between the signing of the agreement and closing can cause major problems that can derail the deal.  You may think the property has “clear title” but title problems are fairly common. Get advice from someone who is on your side in case problems such as title defects, unpaid tax liens and old unsatisfied mortgages threaten to derail the closing. No Surprises at the Closing Table Surprise fees and costs at the closing table are common complaints about real estate closings. Many consumers report that even though they encounter discrepancies that result in unease at the closing table, they often feel pressured to sign documents during the allotted time in order to avoid risking delays or even losing the deal. You should ask to see the settlement statement at least 24 hours prior to closing so that you can understand costs on the form, ask any questions that you have and get things clarified without feeling pressure at the closing table.  If we are handling the closing, you’ll receive regular updates on the closing expenses and will avoid surprises. Using your own attorney to handle most aspects of the closing process is a great way to maintain control and ensure that the deal actually closes. The real estate attorneys at Fiffik Law Group has help hundreds of clients successfully make the biggest purchase of their lives. We can help you take control!

The migration of our lives to the online world has made our lives much easier, but it has made our deaths more complex. Increasingly, our most significant assets are taking on digital form. Almost everyone owns some type of digital asset. Photographs, letters, bank statements, even currency itself—these are just a few of the things that were known to us primarily as physical objects less than a generation ago, but which many of us now store digitally. The “digital assets” that people own today include social media accounts and so many services available only via an app on your smart phone. If such assets were held in the physical possession of a deceased person—on a computer, flash drive, or other device—they could be distributed in much the same manner as tangible property. Frequently, however, a decedent’s digital assets are maintained on the servers of a third party such as Facebook, Google, or an online bank. Until recently, this situation placed estate administrators in a real bind. On the one hand, they have an obligation to gather and manage all of a decedent’s assets. On the other, they face serious obstacles to identify and access digital assets, including knowing account user IDs, passwords, restrictive terms-of-service agreements and federal anti-hacking statutes. Fiduciary Access to Digital Accounts Pennsylvania’s version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) became effective on January 19, 2021. This Act gives agents under powers of attorney and estate administrators some important tools to solve some of the problems presented by the increasing number of digital assets that we own. However, you must give agents and administrators the ability to use these tools. Under RUFADAA, the extent to which a fiduciary can access the digital assets of a decedent is dictated by one of several sets of terms, in descending order of authority. Online Tool: Under RUFADAA, custodians can create an “online tool,” separate from their terms of service, through which users can determine the extent to which their digital assets are revealed to third parties, including fiduciaries. (On Facebook, the online tool is known as Facebook Legacy Contact.) If a user has provided direction through the online tool, it will supersede conflicting directives, including those in a will. Drawback: The average person has 80 apps or online accounts. It would be very time consuming to interact with each and every app creator or online account to provide instructions for your fiduciary. Will, Trust, or Power of Attorney: The user can authorize access to their assets after death through a will or trust and, during their lifetime, through a power of attorney. Caution: This is the best way to plan for access and distribution of your digital assets. You’ll get blanket coverage for all of your accounts. However, in many instances, it would not be appropriate or helpful to include instructions for all of your digital assets in a Will or trust. We recommend using a combination of these traditional estate planning tools along with memoranda or a Digital Asset Instruction Letter to provide access and instructions for your digital assets. Terms of Service: If the user has not provided direction, the custodian’s terms of service apply. Drawback: This is the same as doing nothing. You’d be “outsourcing” your digital estate plan to a collection of app companies. That’s not going to be helpful in any way to your family. RUFADAA Default Rules: If the terms of service do not cover the issue, RUFADAA’s default rules apply. Those default rules recognize multiple types of digital assets. For certain digital assets, like virtual currency, RUFADAA gives fiduciaries unrestricted access. For electronic communications, however, the statute does not provide fiduciaries access; instead, it allows them to access a “catalog” of communications consisting of metadata such as the addresses of the sender and recipient, as well as the date and the time the message was received. Caution: Do not be lulled into thinking that this law solves the problem of access to your digital accounts. If have not created an inventory of your digital assets, having access to unknown accounts is useless. It’s also clear that you must give your agent or fiduciary certain powers or they will not have them. The law also does not provide instructions on what you wish to be done with your digital assets. In short, this law did not solve the need for you to do some planning for your digital assets. Best Practices As this new Act becomes effective on January 19, 2021, you should consider updating you will, trusts and powers of attorney to ensure that this new law is properly incorporated into all of your estate planning documents. Request a Consult In conjunction with this estate planning, you should maintain an updated inventory of your digital assets, including accounts and passwords. Be careful about revealing that inventory to third parties, however, as it presents a potential for fraud or identity theft. Get Our Digital Asset Inventory If you have questions about digital assets or estate planning. or would like additional information, please contact one of our experienced estate planning attorneys.

As everyone who is even remotely familiar with comic books knows, kryptonite is the one weakness of the otherwise indestructible Superman. In Superman: The Movie, criminal genius Lex Luthor and his bumbling gang used it and nearly defeated Superman. The personal guarantee is a business owner’s kryptonite. It weakens and exposes you and your personal assets to much greater financial risk. At some point in your business life, you’re going to be forced to sign a guarantee. That does not mean you have to accept them. In this two-part series for the small business owner, we’ll examine what a personal guarantee is and why its such a risk for your business. In part two, Proven Ways to Avoid Personal Guarantees, I’ll share proven techniques for minimizing or even avoiding personal guarantees. What is a Personal Guarantee? A personal guarantee (guaranty and guarantee are synonymous) is a legally binding promise that a person, for example a business owner, will fulfill the financial responsibilities of another, such as the owner’s business. In many types of business transactions, a personal guarantee is a customary and typical contract term. You should not be offended if you are asked to sign one. It’s not a personal comment on you or the quality of your business. That being said, you should try and avoid signing it if possible. Examples of Personal Guarantees for Business Personal Guarantees are most frequently used by lenders or other types of creditors. Many lenders require small business owners to sign a personal guarantee as additional assurance of loan repayment. If you’ve ever had a loan underwritten by the U.S. Small Business Administration (SBA), you’ve signed a personal guarantee. As a result, the small business owner, in addition to the business itself, is responsible to pay the debt. Similarly, many suppliers or vendors require a personal guarantee before providing goods on credit. For instance, a supplier may require a construction company’s owner to sign a personal guarantee that the owner will be personally responsible for paying the supplier back if the owner’s company fails to do so. Personal guarantees are also very common in commercial leases and equipment leases (e.g. the office copier, a point-of-sale system). If a business has multiple owners, most or even all of them, even minority owners, may be asked to sign a personal guarantee for a business transaction. If you are a non-operating (i.e. “silent”) partner in a business, by signing a personal guarantee, you may end up with more “skin in the game” than you originally anticipated. What are the Risks of a Personal Guarantee? A personal guarantee makes the guarantor personally liable for the obligations of the business. The guarantor’s personal assets are potentially at risk. Most business owners want to avoid exposing their personal assets to business risks. A personal guarantee is the enemy to the business owner’s risk mitigation goals. As a guarantor, you are liable for a business debt to the same extent as the business. In the event the business defaults on the loan or contract, the obligee can seek payment from the business or the guarantor any in order favored buy the obligee. Thus the guarantor can be sued before the business is sued or, as is almost always the case, the business and guarantor are sued at the very same time. Being named as a defendant in any lawsuit can trigger a host of reporting responsibilities for the business owner. You may be required by other loans or contracts to report the fact of the lawsuit. Your failure to report the lawsuit could be considered a default of those other obligations. A personal guarantee also gives the obligee leverage in negotiations. They know that the guarantor wants to avoid personal liability and will use the threat of a lawsuit against the guarantor to extract favorable terms in negotiations or settlements of dispute claims. Case Study: Guarantee Gives Supplier Leverage in Dispute with Contractor I represented a contractor who was dissatisfied with a supplier’s performance on a project. The supplier repeatedly sent the incorrect materials, delayed deliveries and failed to meet commitments. The supplier’s failures caused the entire project to be delayed, forcing my client to give financial concessions to the project owner. As a result, my client withheld a portion of the contractual amount in an effort to negotiate a financial settlement to recover some portion of what he had to pay to the project owner. My client’s personal guarantee became a big problem in negotiations. My client ordered materials from the supplier on credit and had signed, many years ago, a credit agreement that included a personal guarantee. He did not notice or remember that it was included. The supplier used that personal guarantee as leverage in the negotiations, greatly weakening my client’s bargaining power. We ended up getting far less in concessions from the vendor primarily due to my client’s desire to avoid being dragged into litigation as a personal defendant along with his business. Personal Guarantee Can Affect Your Personal Credit Score Whether or not a personal guarantee affects your credit score depends on the situation. Business loans may or may not be reported on your credit history. If you sign as a personal guarantor for a traditional business loan, the loan itself will be reported on your business’s credit report. Timely payments on that loan will help build your business’s credit history. Missing a payment could cause the business credit score to take a hit. In these cases, your personal credit isn’t likely to be impacted. However, if the business defaults on the loan and the lender comes to you for payment, your credit history could start to take a hit. If you immediately make a payment to catch up the loan, you may not see any impact to your personal credit. If, however, you don’t pay and the account goes to collections, that’s likely to show up on both your personal and business credit histories. Other types of business funding, including some small-business lines of credit and credit cards, do get reported on your personal credit. This can be a good thing if payments are made timely and as agreed, as you could get a bump on that for your own credit score. In the meantime, however, it does potentially impact your credit utilization ratio and your debt-to-income ratio. Those can adversely impact your ability to obtain personal loans or make those loans more expensive. The Unintentional Personal Guarantee You can unwittingly personally guarantee business debts without ever signing a personal guarantee. One of the main benefits of forming a limited liability business entity (such as a corporation or limited liability company) is shielding your personal assets from business liabilities. The general rule in Pennsylvania is that members of a limited liability company are not personally responsible for the liabilities of the company. The protective effect of that rule can be weakened by the manner in which you conduct your business. Depending on your actions, a creditor of your company could successfully pierce that limited liability protection. Some business owners expose their personal assets to business risks by doing simple things, including: Signing contracts without clearly stating that the business is the contracting party; Signing contracts without clearly stating that you are signing on behalf of your business as its president, managing member or other statement of your authority on behalf of the business; Paying personal expenses out of business accounts; Commingling business and personal funds; Chronically failing to pay creditors but paying yourself instead. Now you know some of the most important basics about personal guarantees. Next I’ll share proven techniques to limit or even avoid them. Read: Proven Ways to Avoid a Personal Guarantee

By Michael E. Fiffik, Esquire Seventy-four percent of American adults believe that estate planning is a confusing topic. I totally get that. There are lots of questions to answer: Who gets what? Who manages your estate when you die? How do you choose roles for your children in your estate plan? Who will take care of your young children if you pass away? (Or if your kids are like mine, who would be crazy enough to take them!) There are so many myths about estate planning that prevent people from ever starting. I’m here to tell you that you can do it. All you need to do is get started. We’ll help you along the way and when you’re done, you’ll say to yourself “that wasn’t so bad.” Every estate plan should take into account four considerations: What should happen to your assets when you pass away How you will give your family a sense of financial security How you can avoid the sometimes lengthy and expensive probate process How you can minimize inheritance taxes Here are some estate planning best practices — as well as some common mistakes to avoid: The most important document for giving your family financial security while you’re alive is a durable general power of attorney. If you are disabled, you can name someone to make financial decisions for you and make sure your family has access to your finances for support. Consider whom you want in charge of your estate. That role is called an executor, who can distribute your estate according to your will. Durable power of attorney who makes decisions on your behalf. If you have young children, consider who you might name to care for your children and manage the inheritance you leave form them until they are old enough to control the money themselves. We suggest different people care for the kids and manage their money. Also look into a healthcare power of attorney, which provides instructions on the types of medical care you want to receive if you can no longer communicate your wishes. Modify your estate planning documents regularly and especially as you undergo major life changes (births, adoptions, deaths, marriages, divorces, property acquisitions, etc.) Your Will does not control certain accounts that are titled jointly or are controlled by a beneficiary form. Avoid making beneficiary form boo-boos. Don't forget about designating who should take care of your pets. The biggest mistake to avoid is doing nothing. You work hard for your savings. You love your family. Both of those merit taking the time to get your Will done. The experienced estate planning attorneys at Fiffik Law Group will make it easy, we promise. Get started today.

Who said there’s no second chance for a first impression? In court cases where a man is accused of assault, it can be difficult to sway the judge or jury against their initial assumption of his guilt. Recently, Fiffik Law Group Attorney Ashley Rundell got her client a not guilty verdict, saving him from one to two years in prison and deportation. Attorney Rundell’s client, a Pittsburgh man, was accused of simple assault by his ex-wife and the mother of his child. This is a second-degree misdemeanor, carrying a one-to-two-year prison sentence along with deportation since this man is an immigrant on permanent residence. This false accusation of assault was just the latest in the man’s ex-wife’s quest to make his life a living hell. Since he filed for custody back in 2010, she has done everything in her power to ruin his life and reputation and stop him from seeing his child. She filed an unnecessary Protection from Abuse (PSA) order against him, she failed to follow court ordered visitation and communication privileges, and she finally escalated to filing the false criminal assault charges against him. She thought she could get away with these false accusations once again, but she did not know he now had Attorney Rundell in his corner to fight for him. In cases against the state where the District Attorney brings the charges, the burden of proof is on the accuser, and the accused must be proven guilty beyond a reasonable doubt. Attorney Rundell took several expert measures to ensure her client was deemed not guilty. 1. Advised Her Client to Waive His Right to a Jury Trial American citizens always have the right in criminal court for their fate to be decided by a jury of their peers. In this case, however, Attorney Rundell knew her client would be more likely to succeed by waiving that right and only presenting the case to a judge. It is important for attorneys to be familiar with the judge that they are dealing with so that they can make the risky and crucial decision to go without a jury. Attorney Rundell knew this judge was experienced in family law matters and would be open to her client being innocent. Even though juries are supposed to be impartial, it is not uncommon for them to automatically assume the man being accused is at fault and rule in favor of the woman. Without Attorney Rundell’s experience and forethought, this case could have ended very differently. 2. Demonstrated a Lack of Evidence The Pittsburgh man’s ex-wife alleged that he threatened her with a gun outside of an event. While her client used to own a gun and a conceal carry permit, he was forced to relinquish the guns years ago when his ex-wife first placed a Protection from Abuse order (PSA) against him. Without proof that he owned a gun or obtained one illegally, the case against him fell apart. 3. Cross Examined the Witnesses The District Attorney presented three witnesses, and it was up to Attorney Rundell to cross examine them to show reasonable doubt. Through these cross examinations, she was able to demonstrate inconsistencies in each of their testimonies. Their testimonies did not match the statements they gave in the initial police report, nor did they match each other – Ashley had the foresight to request they be sequestered so they could not copy each other’s words. A lack of reliable witness testimony further destroyed the state’s case. 4. Presented a Pattern of Contempt Sadly, contentious custody cases often result in false allegations from one parent against the other to improve their own chances of gaining full custody. Every time Attorney Rundell’s client tried to file for more custody, his ex-wife would make another false accusation to halt the process or interfere with his life. Even when her client did successfully receive more custody rights, his ex-wife would not follow the court’s orders, causing him to have to file contempt after contempt. (Contempt is filed when one parent alleges the other parent is not following the order of the court – such as allowing visitation or communication – so that more action may be taken.) Attorney Rundell showed the court the ex-wife’s history of accusations that went nowhere, and her record of not following through with the decisions of the court. This, combined with everything else Attorney Rundell did, led to the judge’s decision that her client was not guilty. 5. Advised Her Client Not to Take Any Plea Deals The man’s ex-wife offered him two separate plea deals throughout this process. She likely did this because knew that since her story was completely made up, she was about to lose the case. While plea deals can be tempting to avoid longer prison sentences and potential deportation, Attorney Rundell knew she could do much better than that. She knew that if her client trusted her to stick it out, she could get him the not guilty verdict and ensure he would spend no time behind bars and come out with a clean record. This Pittsburgh man filed for custody in 2010. It is now 2022, and even though he avoided these scary criminal charges, he still has not seen his child consistently for at least five years. Attorney Rundell will continue working for this man to help him improve the status of his custody and to ensure his record is fully expunged. If you’re ever facing a criminal charge where your freedom is being taken away, please reach out to one of the experienced attorneys at Fiffik Law Group. We will help you get the justice you deserve.

It’s a simple task. Just sign on the line or click “Agree” at the bottom of the window. Tap the check box and continue. But do you really know what you are agreeing to when you sign, click or tap the bottom of a contract or agreement? We are presented with many contracts including: Home improvement contracts Liability waivers for children’s events Buying or selling a home Appliance purchase, repairs, and installation agreements Signing a lease for an apartment Employment agreement Personal care home and elderly care contracts Agreements and disclosures with doctor and dentist offices Alternate energy utility provider agreements Loan agreements Car rental agreements Gym memberships Many of these agreements include a forced arbitration provision. These provisions are often used to limit your rights in the event of a dispute. What is arbitration? Arbitration is an alternative method of resolving disputes. Two parties present their individual sides of a complaint to an arbitrator or panel of arbitrators. The arbitrator decides the rules, weighs the facts and arguments of both parties, and then decides the dispute. Arbitration may be voluntary or mandatory. What is voluntary arbitration? In voluntary arbitration, both sides in the dispute voluntarily agree to submit their disagreement to arbitration after it arises rather than filing a lawsuit in court. Arbitration can be less expensive than a conventional lawsuit and get to a result faster. What is forced arbitration? In forced arbitration, a company requires a consumer or employee to submit any dispute that may arise to binding arbitration as a condition of employment or buying a product or service. The employee or consumer is required to waive their right to file a lawsuit in the local court, to participate in a class-action lawsuit, or to appeal an arbitrator’s decision. Forced arbitration is mandatory, the arbitrator’s decision is binding, and the results are not public. Where is forced arbitration commonly used? Forced arbitration is being written into more and more terms of agreements and contracts, including those used for employment, insurance, home-building, car loans and leases, credit cards, retirement accounts, investment accounts, and nursing facilities, to name a few. Are these clauses easy to find in the paperwork? Generally not because most consumers don’t know to even look for the clause. This is largely because people generally do read contracts before signing them, sometimes because they are not given enough time before signing. If you do not understand the downsides of forced arbitration, the presence of the clause may not concern you at all. What’s wrong with arbitration? Nothing, if it’s “voluntary” arbitration. In fact, you always have the right to arbitrate even without the clause in the agreement. If both parties agree, there are many arbitration services available. But you never want to give away the right to sue if arbitration does not work. Companies want you to give away that right because they have the advantage in arbitration and can evade accountability. Is arbitration cheaper? One of the alleged benefits of arbitration is that it costs less than litigation, but sometimes this is not true for consumers and employees. Forced arbitration can cost more than taking a case to court, especially in Pennsylvania for disputes where $13,000 or less is in dispute. Claims of that size can easily and cheaply be filed with your local district magistrate and in most cases, you’ll have a hearing within sixty days. With arbitration, individuals often have to pay a large fee simply to initiate the arbitration process. If they are able to get an in-person hearing, individuals sometimes have to travel thousands of miles on their own dime to attend the arbitration, especially if the arbitration clause requires the hearing to take place where the company is located instead of where the consumer lives. In the end, the loser may also be required to pay the winner’s costs and the legal fees. That’s not necessarily true for regular lawsuits and can be a big risk for consumers, often dissuading them from demanding arbitration in the first place. Why should you be concerned about forced arbitration? Forced arbitration is preferred by companies because it benefits companies – not the employee or consumer. Here are some problems and dangers: Individuals are often unaware they’ve agreed to forced arbitration. Most Americans have accepted goods or services for a job with forced arbitration as a condition; and yet, very few individuals report having noticed a forced arbitration clause in the terms of agreements or contracts they’ve accepted. Forced arbitration severely limits consumer options for resolving a dispute. Before any problem arises, you lock yourself into only one option—forced arbitration—for resolving all future disputes or problems. The contract typically also names the arbitration company that must be used – the one preferred by the company because its rules are slanted in favor of the company. Forced arbitration clauses generally bind the consumer—not the company. The way many forced arbitration clauses are written, the seller retains its rights to take any complaint to court while the consumer can only initiate arbitration. Arbitration is a private system without a judge, jury, or a right to an appeal. Arbitrators aren’t required to take the law and legal precedent into account in making their decisions. There is no appeal or public review of decisions to ensure the arbitrator got it right. Employees cannot sue for discrimination, harassment, abuse, retaliation, or wrongful termination. In forced arbitration, the laws that protect employees from discrimination based on age, sex, religion, race, disability, and unequal pay for equal work, such as the Civil Rights Act and the Equal Pay Act, become meaningless and unenforceable in court. Employees lose important protections for blowing the whistle on waste or fraud or for fighting retaliation for taking the family medical leave. Consumers cannot sue for negligence, defective products, or scams. Just by buying a product or service, consumers can lose their right to hold a company accountable. Even if a retirement account disappears, a home is dangerous and defective, or a loved one suffers harm in a nursing home, a forced arbitration clause means there is no right to take the company responsible to court. What can I do about the problem? Cross out the arbitration clause, initial the area, sign and return the contract and see if the company notices at all. They may not. If not, then you’ve probably succeeded in voiding that provision. If the company notices and asks you to sign an unmarked copy, try to negotiate this term of the contract. Perhaps ask that the arbitration take place in your town or that the company pays the arbitration fees. But ultimately, in order to ensure that you can buy products and services and be employed without giving up your legal rights, legislation must be passed to ban forced arbitration. Seek Legal Advice You don’t have to try and interpret contracts and their jargon on your own before you sign to something you may be unfamiliar with. The knowledgeable lawyers at Fiffik Law Group are ready to assist you in your contract needs. Contact them today with any questions you have or to schedule a meeting to go over your own contracts or agreements.

When a family of four was severely injured in an auto accident by an uninsured driver, they were left to pick up the pieces – physically, emotionally, and financially. Since the driver who hit them was uninsured, the family had to look to their own insurance company to try to cover all the expenses from the accident, like medical bills and damage to their car. Even more financial strain was added to the situation when the family was not able to work on their farm due to their severe injuries like broken arms, hips, and hands. Thankfully, the family called Matthew Bole, Partner at Fiffik Law Group, and he helped them get a substantial financial settlement. When auto accidents are the result of driver negligence, victims may be able to recover financial compensation by filing a personal injury lawsuit against the person responsible for their injuries. Proving negligence in an auto accident case can be a complicated and lengthy ordeal. In this case, Attorney Bole even had to wait for a Pennsylvania Supreme Court decision before proceeding with some of the family’s claims. The case in question dealt with insurance stacking, which is a way to combine insurance coverage limits – the maximum amount your insurance company will pay toward a claim – for multiple vehicles. By stacking your insurance, you end up with a higher maximum limit and are better protected if you are in an accident with an uninsured driver. Ultimately, Attorney Bole made sure that the family’s car damages were paid for and that they received an additional settlement of over $310,000 to cover their medical expenses, pain, and suffering. Multiple claims are still pending, so the family may still receive more. Learn More About How We Help Victims of Auto Accidents Even though Pennsylvania legally requires motorists to be insured, six percent of motorists are still uninsured, according to the Insurance Information Institute. Uninsured drivers can be subject to criminal charges and the seizure of their personal assets to pay for any damages that insurance would otherwise cover. However, like in the case of the family of four, it is unlikely the uninsured driver will have any personal assets to go after. Because of this, it is important to maintain the uninsured motorist provisions on your own coverage to protect yourself in the event you are hit by someone who is uninsured or underinsured. The emotional trauma that victims of auto accidents experience is often overlooked in the wake of the more apparent physical and financial consequences. After the initial shock wears off, it can be difficult to predict the long-term psychological effects of the accident. Victims of auto accidents report experiencing symptoms such as: Depression Anxiety Panic attacks Shock Anger Guilt Embarrassment Mood swings Chronic fatigue There is also an increased risk for developing post-traumatic stress disorder. In addition to seeking financial compensation, it is vitally important to seek professional help to treat the emotional and psychological harm the accident caused. Your mental health is part of your physical health and should not be overlooked. If you were involved in an auto accident or are considering filing a personal injury claim, you should consult with an experienced Pennsylvania personal injury attorney as soon as possible. Schedule a free consultation today to get your personal injury case started.

Business owners are always looking for ways to protect their business’ assets from risks and claims. One tactic is to divide the business into several business entities all owned and controlled by a single holding company. What is a holding company? A holding company is a business entity—usually a corporation or LLC—that does not have customer-related operations such as selling products or delivering services. Its primary purpose, as the name implies, is to hold (i.e. own) the controlling stock or membership interests in other companies. The companies owned by the holding company are often called “subsidiary companies”. The business operations are typically conducted through the subsidiary companies. The holding company can own 100% of the subsidiary, or it can own just enough stock or membership interests to control the subsidiary. Having control means it has enough stock or membership interests to ensure that shareholder or member votes will go its way. This can be 51%, or where there are many owners, it can be a lower percentage. Not just for large businesses You do not need to be Microsoft or Berkshire Hathaway to use a Holding company. Holding companies can also be used by much smaller businesses—even by single entrepreneurs. Risk mitigation and control of your company are issues important to businesses of every size. How are holding companies used? There are different reasons why holding companies are used. Below are a few: 1. Mitigate Risks. Placing operating companies and the assets they use in separate entities provides a liability shield. The debts of each subsidiary belong to that subsidiary. A creditor of the subsidiary cannot reach the assets of the holding company or another subsidiary. An example is a traditional restaurant that also operates food trucks. The risks inherent in running a traditional restaurant are different than those of driving around and operating food trucks. Both types of businesses would be owed by separate companies and thus, a claim involving a food truck accident will not endanger the restaurant assets or revenues. The subsidiary can also shelter profits by periodically sweeping retained earnings to the holding company, thus reducing the amount of assets that might be exposed in the event of a claim against the subsidiary. 2. Maintaining Control of Multiple Operating Entities. Savvy business owners know that owning equity in a company does not necessary equate to control. Holding companies can be used to own controlling interests in operating entities while holding a minority membership interest position. Holding companies can be positioned as mangers of operating entities or have reserve powers over certain fundamental transactions. This allows the operating entities to attract investors to fund operations. 3. Lower debt financing costs. A holding company that has financial strength can often obtain loans for a lower interest rate than its operating companies could themselves, particularly where the business in need of capital is a startup or other venture considered a credit risk. The holding company can obtain the loan and distribute the funds to the subsidiary. 4. Foster Innovation. Businesses that start with a relatively narrow business purpose often develop new products or lines of business. Entrepreneurs with companies that have investors may not want to share those new ideas or product lines with their investors. They could launch these new ideas and business lines in a holding company, thereby reserving the benefits of those new ideas for themselves. One example is a brewery that launched with capital from about a dozen investors. The entrepreneur behind the brewery develops new product lines, such as kombucha, or expands to provide bottling services for other breweries. The entrepreneur could hold and launch these separate but related ideas in a holding company. 5. Own Digital Assets, including Intellectual Property. A holding company can own digital assets, including intellectual property, used by its subsidiaries. For example, the operating company may have a trademark for its logo, name or branding. The holding company can own those assets so that if the operating entity is every expanded or sold, the holding company can license use of the intellectual property to the sold or expanded entity, thus reserving a valuable stream of income for the original business owner. 6. Estate and Succession Planning. Business owners looking to transition their business to internal successors or family members can use a holding company to retain decision-making authority but also hand over the day-to-day operations to the next generation. Some states exempt family-owned businesses from inheritance taxes. If there is a maximum business value that can be transferred to qualify for this exemption, a holding company can be used to own multiple family-owned businesses and qualify all of them for the tax exemption. More on Business Continuity Planning What are the disadvantages of a holding company? There are some drawbacks to using a holding company and subsidiaries as well, including the following: 1. Formation and ongoing compliance costs. The holding company and each subsidiary that is formed require the payment of formation fees. There will also be, in most cases, expenses for accounting and tax returns for each business entity. Using a single operating company avoids these additional per-entity compliance obligations and their associated costs. 2. Complexity. The use of holding companies and subsidiaries adds an element of complexity not found in the single-entity structure. The entire structure can be very complex, with many subsidiaries to keep track of. Keeping track of all the important information, records and due dates for all of the companies can be a challenge. It is important to keep the records, assets, liabilities and properties of each company separate from each other. Failure to do so can increase the risk of a court piercing the veil and allowing a creditor to reach assets beyond the debtor subsidiary. Is a holding company right for your business? Holding companies and operating companies are used by businesses of all sizes and in all industries. Doing so has several advantages, including helping businesses mitigate the risk of losing assets to creditors. Keep in mind, it is a complex structure and not right for every venture. Nevertheless, it is an option business owners may wish to familiarize themselves with if they have not done so already. The experienced business attorneys at Fiffik Law Group can help you determine if a holding company is right for you.

Abuse can happen to anyone, by anyone, and anywhere. This sadly includes places that should be safe and people that should be trustworthy. Sexual abuse of our seniors in nursing homes is an underreported but very real tragedy that happens. Sexual abuse to children or adults is traumatic and often results in long-term effects on victims. We work to hold abusers accountable – no matter who they are or where the abuse occurs – and get compensation for the victims that are harmed. This includes: Healthcare providers. We represent victims of assault or rape at nursing homes, hospitals, psychiatric facilities, group homes and rehabilitation facilities. Schools and colleges. If a student is sexually assaulted on campus by a school employee, teacher, coach or student, the university or institution can be liable to the victim. Property and hotel owners. We represent individuals in cases against property owners, including hotels, who have failed to protect their guests from sexual assault Organized community groups. We represent clients in negligence claims against institutions such as churches and religious groups, summer camps, youth recreation programs, etc. Sexual Abuse is Both a Criminal and Civil Crime Pennsylvania finally changed its child sexual abuse laws to provide victims of child sex abuse more time to file lawsuits. Under current Pennsylvania law, a person who has suffered child sexual abuse typically has until age 30 to file a civil suit against the liable parties. For adult rape or sexual assault civil suits, a person has two years from the date of injury to file a claim. Victims have until age 50 to file criminal charges against the offender. What To Expect in a Sexual Abuse Lawsuit In civil sexual abuse cases, our attorneys work to prove that the institution or business breached their duty to protect the victim from a foreseeable risk of harm. Compensation in sexual abuse cases is for the pain and suffering and lost income of the victims of abuse. Let Us Help You Get Justice If you or someone you know has experienced sexual abuse, please do not hesitate to reach out to us. The experienced personal injury attorneys at Fiffik Law Group will help you get the justice you deserve. Contact us today.

Trusts may own cryptocurrency. In fact, we recommend that crypto investors use trusts as their primary estate planning tool because of the privacy afforded to trusts. Wills, in contrast, lack privacy. When a Will goes through probate it becomes public record. Since digital assets are only accessed through passcodes, passwords and PINs, for security purposes, this sensitive information should not be included in your Will should it go through probate. There are four things to keep in mind if your trust owns crypto: Choice of fiduciary Some professional fiduciaries, such as banks, may have policies against serving as trustee of trusts that hold crypto. If you are considering naming a professional fiduciary, interview them regarding their policies, and always name an alternative trustee in case your first choice is unwilling to accept the appointment. Authority In most states, a trustee has a fiduciary duty to invest trust assets as a reasonably prudent investor would. As a result, most trustees invest in a balanced portfolio of standard assets, such as stocks, bonds, mutual funds, cash, real estate, etc. Because crypto may be considered “speculative,” there is a possibility that it may fall outside the boundaries of what would be considered a reasonably prudent investment for a trust. The solution to this is to include language in your trust that gives your trustee the specific authority to hold crypto as a trust asset. Access Ensuring that your successors have access to your crypto is a topic that needs to be carefully considered. Make sure that your successor trustee has immediate access to your crypto wallet by communicating with them in advance about what they will need and where to find it. Taxes Any distributions of crypto from your trust to its beneficiaries will need to be reported on the trust’s tax return. For this reason, it will be important for your trustee to know the tax basis of your crypto as well as its value on the date of transfer. Keeping records of how and when you acquired your crypto holdings will help the trustee comply with the reporting requirements. If you own crypto, or if it is something you might own in the future, we have 5 practical tips to help you ensure that your crypto is incorporated into your estate plan. Contact Fiffik Law Group to learn more about about including cryptocurrency in your estate plan. Adding cryptocurrency to your estate plan is a delicate and technical job and is best to be accomplished by an attorney well-versed in different types of cryptocurrencies and digital wallets as well as estate planning and asset protection. The experienced estate planning attorneys at Fiffik Law Group can assist you in incorporating your cryptocurrency into your existing Will or creating a new Will or Trust with the digital financial assets and physical assets you would like to pass on. Contact us today.

Navigating the criminal court system after a Pennsylvania DUI arrest can be a confusing experience without a knowledgeable and appropriately aggressive PA DUI defense lawyer at your side. The Pennsylvania DUI attorneys at Fiffik Law Group, P.C. can help you with every aspect of your PA driving under the influence case and will fight to protect your rights throughout the court process. Your first court appearance after a Pennsylvania DUI arrest will be either at an initial arraignment, or a "preliminary hearing". At the arraignment, the charges against you will be read and you will be asked to enter a plea of guilty or not guilty. If you were arrested and you're still in custody, you must be arraigned within 48 to 72 hours. If you were released on your own recognizance (R.O.R.) or posted bail, your arraignment can occur at a later date. When you are released after your arrest, you will receive paperwork listing the charges against you. Sometimes, the charges are mailed to you. These papers will also list the date and location of your Preliminary Hearing. It is important to note that you must attend each hearing in the process. Your failure to appear can result in the issuance of a warrant for your arrest. The Preliminary Hearing will occur in the local District Court where you were stopped and arrested. This hearing usually occurs within 30 to 60 days from the date of your arrest. A local Magistrate Judge presides over the Preliminary Hearing. This initial hearing is a critical stage of the process, and it is important to have an experienced DUI attorney representing you at this hearing. It is possible to have some or all of the charges dismissed or amended at the Preliminary Hearing. Having charges dropped at this stage can save you significant money and suspension of your driving privileges. Do not overlook the importance of this stage of the process. If the Magistrate Judge finds probable cause for the charges, the case is sent to the County Court of Common Pleas for a Formal Arraignment. The Arraignment usually occurs within 60 days of the date of the Preliminary Hearing. If you are a first alleged offender, you may be eligible for A.R.D. (“Accelerated Rehabilitative Disposition”), and depending in which County your case is heard, application to ARD is made before or after Arraignment. More on ARD below. Prior to the Formal Arraignment, the police reports and other information about your arrest and the charges against you should be made available. Your Pennsylvania DUI attorney may submit pretrial motions at your arraignment, or more likely at a later court appearance called a Pre-Trial Conference. Pretrial motions in a Pennsylvania DUI case include discovery motions (to obtain information that the police or district attorney have about your case such as witness statements, videos and tests), motions to suppress evidence, motions to dismiss some or all of the charges, and other motions "in limine", or motions regarding the evidence. All pretrial motions are designed to improve your prospects in your Pennsylvania DUI case. In some Pennsylvania DUI cases, it may be possible to negotiate a favorable plea agreement. A plea agreement should be a good deal for both sides - you receive reduced charges and/or punishment in exchange for pleading guilty and sparing the district attorney from taking your case to trial. Your Pennsylvania DUI lawyer will review your case and help you to determine whether a plea agreement is possible and whether it will be in your best interests. Another possible option in resolving your Pennsylvania DUI case without going to trial is a pre-trial diversionary program called A.R.D., or Accelerated Rehabilitative Disposition. If you successfully complete a given amount of probation – typically six to eighteen months - your Pennsylvania DUI charge will be dismissed and can be expunged from your record. This program is available only to first-time Pennsylvania DUI offenders who are not accused of causing serious injury or death and have no recent prior criminal record. Other restrictions on entry to the program may vary from county to county. Your Pennsylvania DUI attorney can advise you about the availability of the A.R.D. program in your case and whether it could provide a favorable outcome to your PA driving under the influence charge. If your Pennsylvania DUI case isn't resolved with a plea agreement or A.R.D., it will go to trial. You have a right to be tried within 365 days from when the criminal complaint was filed against you. This trial can either be before a jury or it can be brought solely before a judge. An experienced PA DUI attorney can advise you on which would be more beneficial to your individual case. If you proceed with a non-jury trial, the judge will act as both the fact-finder, as well as make decisions of law. If you proceed with a jury trial, the trial process starts when your defense attorney and the district attorney select a jury. Once the jury is seated, both sides will deliver opening statements, call witnesses, present evidence through the witnesses, and deliver closing arguments. Once your defense attorney and the district attorney have finished presenting their cases, the judge will instruct the jury on how to apply the law to the facts of the case. The jurors will be sent to the jury room to deliberate. If the jurors reach a unanimous agreement on your guilt or innocence, they have a verdict that will be announced in court. The judge will then determine your sentence if you were found guilty. The thought of going to court to face your Pennsylvania DUI charge may seem daunting, but an experienced and aggressive Pennsylvania DUI defense lawyer should be at your side throughout the process. The attorneys at Fiffik Law Group are ready to do everything possible to help you fight your driving under the influence case and safeguard your rights. Please contact us today for a free consultation.