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.

A picture may be worth a thousand words, but a letter from a LegalShield® attorney is worth over $50,000. Recently, Fiffik Law Group Attorney Adie Kurtanich was able to remove a $50,000+ improperly filed lien against her client’s home through a well-crafted letter. The unsatisfied need for civil legal services is immense. Americans experience millions of civil legal problems every year. The average is three problems every 18 months. It's not a question of “if”, but rather “when” Pennsylvanians will have a legal problem. Attorney Kurtanich’s client was not aware of the lien filed against her until she applied for a senior citizens home improvement program. One of the program’s requirements was that there could be no judgments or liens impacting the home. Through a title search, the Montgomery County woman found out that there was a lien against her property that she was never notified about. If a lien is going to be filed, 30 days of notice of intent to lien must be provided. In this case, it was not. A lien is a claim against assets that are used as collateral to satisfy a debt or to repay a loan. “If they were going to make a claim against the estate, she should have been notified,” Attorney Kurtanich said. “She should have also been served with the complaint prior to the lawsuit, which she never received.” It was soon discovered that the lien was filed by the woman’s deceased husband’s former employer. They had obtained a judgment related to an alleged pension overpayment, which are very uncommon. The judgment was obtained after her husband died, and no notice of any proceedings was provided to her or her husband’s estate even though the employer knew her husband had passed away. A judgment is the final decision of the court. Thankfully, the woman reached out to Fiffik Law Group for help. Attorney Kurtanich sent a letter to her husband’s former employer explaining why the judgment and lien were improper. After receiving this letter, the former employer immediately released the lien from the woman’s home. “Resolving this matter with a letter and a discussion rather than her having to go through a formal legal proceeding saved my client approximately $3,000-$5,000, but possibly even more since this would have been an appeal,” Attorney Kurtanich says. Without a LegalShield® membership and an attorney like Adie Kurtanich on her side, this woman would not have realized that she even had grounds to have the lien released. She also wouldn’t have known that writing a letter was a plausible, and much more affordable, alternative to going to court. And even if she had known these things, she simply would not have had the money to hire someone to initiate legal proceedings. “Sometimes you need a lawyer’s perspective to evaluate all potential legal options in order to find a path forward,” Attorney Kurtanich said. “There may be an easily available solution, but without the knowledge of a tenacious lawyer, you may never know. For those times, we are here for you.” Fiffik Law Group's mission is to provide access to justice for all. If you are interested in becoming a LegalShield® member, learn more here.

Fiffik Law Group understands the issues associated with forming, operating, and growing small businesses because we have years of experience in representing thousands of them. We make an effort to support local and small businesses in as many ways as we can, and one of the ways we do this is by spotlighting one of our clients’ exciting new businesses every month. This month, we are shining the spotlight on Adams Media, founded by Pittsburgh native Joshua Adams. Joshua Adams was inspired to begin Adams Media during the summer between his junior and senior year as a Marketing major at Penn State Behrend. While working as a server at an Italian restaurant, he offered to handle the restaurant’s marketing by running their social media accounts and producing promotional videos for them. From there, Joshua attracted more and more clients from local small businesses asking him to run their marketing and produce content for them. “I am a 24-year-old entrepreneur, turning businesses into online trends,” Joshua says. “Since I began my business, I have been working with one goal in mind: creating beautiful, unique and thought-provoking videos and visual content to generate leads for local businesses.” As much as Joshua enjoyed the work he was doing for local businesses throughout his senior year, he decided to take a sales job after graduation to save up money. However, he quit just six weeks later to pursue his passion full time. Part of pursuing his passion meant officially making Adams Media into an LLC. Luckily, he found Fiffik Law Group to help him form his LLC and write up a contract for his current and future clients to sign. “Most law firms won’t give you any additional advice unless you pay more, but Fiffik Law Group makes an effort to have a relationship with their clients,” Joshua says. “Money isn’t the first thing on their mind.” Joshua continued to acquire new clients through referrals and word of mouth. He markets himself as a fellow entrepreneur rather than an impersonal agency. Business owners can see the positive results Joshua’s other clients have received from his work before they jump on board – especially those that are unfamiliar with the benefits of modern marketing and may be wary of extra costs during a pandemic. “Marketing your business successfully can be one of the most challenging tasks for a business owner, Joshua says. “Luckily, now you have me! I have mastered the skills to create your brand into an online masterpiece.” Currently, Joshua has six full-time clients, and he continues to offer consultations and one-time projects such as videos. He has worked with clients in a variety of industries: Real Estate, Restaurants, Crypto and NFTs, Athletics, and more. As his company rapidly grows, he is looking to hire more passionate and talented marketing professionals so that he has the capacity to take on even more clients and projects. “I am passionate about creating engaging stories for audiences around the world to enjoy,” Joshua says. “I work closely with my clients, always putting the business owners plans and vision first.” Learn more about Adams Media and the services available here. If you are interested in getting in touch with Adams Media, you can email adamsmediapgh@gmail.com or call 412-992-0002.

Cryptocurrency (e.g., Bitcoin, Litecoin, Cardano, Ethereum, Ripple (XRP), etc.) is increasing in popularity as a form of a financial investment and investors are finding high returns. Consequently, cryptocurrency investors are seeking to pass these digital assets on to beneficiaries after death. The very features that make crypto attractive – anonymity and decentralization – can also increase the risk of your fiduciaries losing access to your crypto holdings. You can include your cryptocurrency assets in a will, but before you do, we have some suggestions for you. Cryptocurrency Assets Are Different Than Traditional Assets Despite its name, cryptocurrency isn’t treated the same as your bank account, insurance benefits, or investment assets. Pennsylvania and federal law consider cryptocurrency personal property rather than currency (i.e. money or “flat” money in the crypto world) . This affects the way it is treated -- and taxed -- after you die. Why does it matter whether your crypto is considered personal property? Standard language in wills and trusts might designate certain personal property for specific people – for example, you might specify that your piano should be given to your sister, or your jewelry should be given to your daughter. It is also common to have catchall language that gives all of your personal property to a specific person. That language will automatically include your cryptocurrency (because it is considered personal property), even if you only meant it to include your household furnishings. How You Store Your Private Key is Important Cryptocurrency is stored in a digital ledger. The ledger is accessed with a private key, which is stored in either an online (hot storage) wallet or an offline (cold storage) wallet. Depending on how your private key is stored, and unless you specifically direct who should receive your Bitcoin, Etherium, or Litecoin account in your Will, it may not pass to whom you intend: If you store that key online (i.e. using a password management app), this “hot storage” will be considered intangible personal property, like a copyright, patent, or account receivable. If you store the private key offline (i.e. on a USB device or hard drive), this “cold storage” is instead tangible personal property, the same as your books or shoes. Virtually every will has a provision directing the distribution of your personal property. If you acquired cryptocurrency after you Will was completed, it would be a good idea to have an estate planning attorney experienced in cryptocurrency review your Will to determine whether it is adequate for your newly acquired digital assets. Your Crypto Could Be Worth Zero in an Instant Digital wallets for crypto currency don’t have account names or titles. They aren’t registered with a bank or financial institution. Access to digital wallets is controlled by a private key. A digital wallet worth $100,000 (or any other number) without the private key is useless. There is no “change password” option, no 1-800 number to call, and no recourse against a digital currency exchange to recover a lost key. Sudden death or incapacity without proper planning can render an investor’s digital wealth WORTHLESS instantaneously. Steps For Leaving For Leaving Cryptocurrency in Your Will There are a number of steps you must take in order to leave cryptocurrency in your Will that are much different than the steps you would take to leave traditional assets. STEP 1: FIND AN EXPERIENCED CRYPTO ATTORNEY Work with attorney who has experience in incorporating cryptocurrency into estate plans. Although cryptocurrency may be a new type of asset people want to protect and transfer after their death, there are experienced attorneys who can guide you through this process to ensure all of your traditional and crypto assets are secure and inherited by your loved ones. STEP 2: SET UP YOUR DIGITAL WALLETS Because cryptocurrency investors take the security of their digital assets very seriously, they often create digital wallets rather than keep their cryptocurrency in a digital currency exchange account (e.g., Coinbase, Gemini). Digital wallets may be kept on a computer, a smartphone app or a physical device. Common digital wallets are PayPal, Venmo, Google Pay, Android Pay, Samsung Pay, Alipay, Zelle and Apple Pay, just to name a few. It’s important to list all and any digital wallets in your Will for your beneficiary’s eventual access. STEP 3: IDENTIFY YOUR CRYPTOCURRENCY Identify your cryptocurrency in your Will or trust. We recommend a revocable trust for crypto investors because its contents remains private unlike a Will that must be filed and made public to be administered. This may seem like an obvious step. However, if the crypto assets are not listed in your Will or trust, your executor may not know they exist or they may not pass in a way that you desire. It’s important to identify your cryptocurrency and to whom you want it distributed following your death. Get our Digital Asset Inventory STEP 4: CREATE A DIGITAL ASSET INSTRUCTION LETTER WITH PASSCODES, PASSWORDS AND PINS 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. A digital asset instruction letter (“DAIL”) is a separate document that is referenced in your Will but is not part of the Will or subject to public record. DAILs can also be changed at any point in time. So, should you change access information to your digital assets, this can be changed in the DAIL without going through the hassle and legal requirements of changing your Will. We recommend creating a DAIL that includes: A list of digital wallets and where they are stored (e.g., computer, smartphone app, physical device) Website names and URLs to any exchange used for buying and selling cryptocurrency Username, passcodes, passwords, PINs and keys needed to gain login access to the digital wallets, exchanges, websites, accounts and devices associated with your digital assets Once the DAIL is complete it can reside with your Will or trust in a separate location. STEP 5: CHOOSE THE RIGHT EXECUTOR OR TRUSTEE The choice of an executor is among the most important decisions you will make as you craft your estate plan. That is because the executor is the person you choose to implement your estate plan when you die. This is the person you will have to trust to distribute the assets in your will according to your wishes, as expressed in your estate plan. Crypto investors should choose an executor who is tech-savvy enough to be able to work with your digital assets, including cryptocurrency. An ideal digital executor will be someone who is: Someone you are comfortable enough with to give access to your personal computer files and sensitive personal online accounts Highly organized and detail-oriented Committed to following your wishes as you've spelled them out in your Will or digital estate plan Tech-savvy and comfortable using the Internet Patient, as the process may take a long time and may require engaging with many different companies It may be that you name two different executors. One for your digital assets (a digital executor) and one for all of your remaining assets. Contact Fiffik Law Group to Learn More 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.

Many people in Pennsylvania who want to buy a house cannot qualify for a bank loan secured by a mortgage. In such circumstances, these buyers sometimes enter into an installment land contract with the seller. Such an agreement can offer a path to home ownership that may be unavailable due to your personal financial circumstances, but such arrangements can be a risky way to buy your home. Before you consider signing a land contract, here are five things you need to know: Are You Getting Clear Title to the Property? When you’re buying a home from a seller, you’d likely assume that the seller is entitled to sell the home in question. However, that assumption can lead to heartbreaking consequences if someone else with a claim or lien on the property shows up on the doorstep. A property title search examines public records on the property to confirm the property’s rightful legal owner. The title search should also reveal if there are any claims or liens on the property that could affect your purchase. In our experience, properties offered for sale via a land contract have a higher incidence of title defects, increasing the wisdom of having a title search and examination done before signing on the dotted line. Make Sure the Owner is Paying the Mortgage Your land contract should assign responsibility for paying expenses for the property between you and the seller. These expenses include paying the existing mortgage on the property and the real estate taxes. Many sellers have existing mortgages on their properties that must continue to be paid. You cannot send checks to the seller’s lender. The seller is the one who must continue making those monthly payments until you complete your land contract. Its important to periodically get proof that the seller is making the mortgage payments and not just pocketing your money. If the seller defaults on the mortgage, the lender can foreclose on the property and you will have no rights or means of stopping that process because the lender’s mortgage takes precedence of your rights via the land contract. Unlike a Rental, You’re Responsible for all Repairs Its important to understand that you’ll be responsible for all repairs and maintenance for the property. If the furnace goes two months after you sign your land contract, you’re on the hook for those expenses, not the seller. This is quite unlike a rental situation where the solution to that problem would be to call the landlord. Make sure you budget for these expenses. In addition, before you sign a land contract, ask the seller for a property condition report. In addition, you should have the home thoroughly inspected by a qualified home inspector. Ask the seller to make repairs recommended by your home inspector before you sign the contract. The Devil is in the Details As with all contracts, do not just simply sign whatever you are given. Land contracts are confusing. Read every bit of the land contract so that you better understand what you’re getting yourself into. By their very nature, land contracts invite a long-term relationship between you and the seller. You’re going to need to work together for several years before you will be able to complete the purchase and own the home outright. It should clearly identify the seller and buyer’s respective responsibilities for the property going forward. Disputes and disagreements are inevitable. Does the contract have enough detail that it can be used to resolve future disputes? Does it tell you how disputes will be resolved? Know The Risks Land contracts are a riskier way to buy your home for the simple fact that they take much longer to complete than a conventional sales agreement. In the typical real estate sale, the deal is completed and close in 30 to 60 days. The money is exchanged and the parties go their separate ways. The time lapse between signing and completion associated with a land contract makes it possible that lots of problems can happen. Some of these include: the seller failing to pay the mortgage on the property; the seller is unable to complete the sale at the end of the term due to death, disability or simply refuses to cooperate; an unrelated judgment is entered against the seller, causing a lien on the property that must be resolved before the buyer can obtain clear title. These are only a few of the problems that make land contracts risky ventures. Do you need a Real Estate Attorney? The only way to know if a property really belongs to a seller is to have a title check performed. You will also want to know if the home has any second mortgages, liens or other encumbrances on the seller's ownership of the property. Whether buying from the seller themselves or through a realtor, hired by the seller, your interests are not being protected. Hiring a reputable real estate attorney to walk you through the land contract before you finalize the purchase can save you a great deal of stress and money. Is a Land Contract Right for You? When buying a home, you have many choices for financing if you have stellar credit, a solid viable income, and a down payment. However, in today's mortgage market, if you are missing the key piece, 'stellar credit', acquiring a loan may be difficult for some who are buying a home. If you have their other two pieces of the equation, solid income, and a down payment, a land contract may be an option for you when buying a home. The experienced real estate attorneys at Fiffik Law Group are here to protect your rights and help you do your homework before signing a land contract.

Shared ownership of real estate offers an alternative route to ownership for buyers who are otherwise unable to afford to buy on their own. But co-ownership comes with a complex set of issues and pitfalls. Before you purchase real estate with another person, weigh these considerations. Business partners Co-owning property with someone is equivalent to going into business with that person. Do you want to be in business with that person? Do you and your partners have shared goals for the property? Should you go into business with someone with whom you do not agree or see eye-to-eye? You could have new co-owners without your permission Co-owners can sell or give away their share of the property without first seeking permission of other co—owners. Your co-owner could give his or her share to a surviving spouse or children at death. Do you want to be in business with the spouse or family members? A co-owner can transfer their share to a business entity that is owned or controlled by one or more unrelated persons. Lack of control You will have no control over decisions relating to the property or your financial interest in the property. You have no right to sell/convert your share of the property to cash without cooperation from the remaining co-owner(s). Your co-owners are not required to “buy you out” in the even you want to “cash out” your interest in the property. It is unlikely that an unrelated person would be willing to buy your partial interest in the property. Co-ownership makes decision-making more difficult. Decisions about the property will require unanimous consent – sale of the property; borrowing money and giving a mortgage in the property; amending or signing a new lease; majority ownership does not equate to control. When unanimous consent is required, it gives the person with the least ownership interest “veto” power over key property decisions that are important to other owners. That owner may extract unfair commitments in return for agreeing to desired transactions. Personal Liability By owning the property in your own name, you are personally liable for all claims arising from or relating to the property. If someone is injured on the property and files suit, you will be named as a defendant. If you need to borrow money and pledge the property as collateral, as an individual owner of the property, you will be personally liable for the entire amount of the loan in the event of a default. Increased Risk to Your Investment By owning the property in your own name, the property is subject to claims of other persons against each owner, even if those claims are unrelated to the property. A judgment against any owner (for any reason) is a lien on the property; A judgment creditor for any owner could force the sale of the property if the judgment lien is not paid off (and the owner against whom the judgment is entered may be unable or unwilling to pay the judgment to avoid the lien). Divorce Each owner’s interest in the property is a marital asset. A divorce could require that an owner’s interest in the property be sold to convey a share of that ownership interest to the owner’s spouse. This may result in your share being sold as well. A divorce could result in an owner’s spouse becoming a one-half owner of that owner’s share. You get a new, unwanted business partner who may not get along with your old partner and is unwilling to cooperate with decisions relating to the property. Loans may be more expensive In the event you need to borrow money for the property, your ability to obtain a loan and the loan rate/terms is generally based on the lowest credit score among the co-owners. If you pick a co-owner with bad credit, it can cost you in the way of a higher interest rate. Expense Sharing Co-owners may be unable or unwilling to share expenses relating to the property. If you pay the expenses yourself, it may be necessary for you to sue your co-owner for reimbursement or contribution. Your co-owner may not have the finances to pay you back. Sharing Management Responsibilities Properties need to be managed. Dealing with renters, repairs, bookkeeping, etc. Your co-owner does not have a legal obligation to equally share in these responsibilities. If they are unable or unwilling to share these duties, you may end up bearing an unfair share on your own, without any compensation. Estate Planning The value of your real estate may be a significant part of your overall estate. Co-ownership makes it difficult to easily translate that value into actual cash distributable to your family. Your family probably does not want a partial interest in the real estate that you co-own. If they want to cash out, the co-owner is not required to comply, leaving your family with limited and costly options for converting your real estate interests into cash. If purchasing real estate with a co-owner is something you are considering, we can help you better understand how these considerations affect you. One of our experienced real estate attorneys can help you put together a partnership agreement that will help you avoid the many downsides of co-ownership and get the most out of it. If you have a question about real estate, you can start getting answers here.