All posts by : Lawyers With Purpose

Giving the Process your Purpose and Personality – from Paper to Practice

We took the program, we've implemented, now bring this all together and make it our own!

It's hard to believe there are only 5 months remaining in the "New Year." With the 4th of July past us, many people start their summer decompression. And once Labor Day turns the corner we are fast and furious into the holidays and then into the year-end wrap up. Where does the time GO??! We were going to do X, Y and possibly Z but…

Unfortunately, sometimes we talk…but we just don't plan. Sometimes we plan but we don't pick the path. If every business owner were to achieve everything they've declared they're going to do, we would have a bazillion fulfilled entrepreneurs, team and clients.

Vince Lombardi, the legendary coach of the Green Bay Packers of the National Football League once said, "Plan your work and work your plan."

Victor Hugo, the author of Les Misérables and The Hunchback of Notre Dame said:

"He who every morning plans the transaction of the day and follows out that plan, carries a thread that will guide him through the maze of the most busy life. But where no plan is laid, where the disposal of time is surrendered merely to the chance of incidence, chaos will soon reign."

In just 3 days walk away with:

• A firm-created and defined autonomous plan for 2014. When you walk back in your office door, you'll know exactly what needs to occur each and every day.
• A deeper understanding of your firm personal story and purpose. Your community will want to work with you – and your team will be striving to make it happen.
• Make the LWP process your own. Everyone understands the purpose, how our firm story ties into each step, and how to make it sovereign.
• A specific step-by-step to lead Your Organization in the Right Direction. There was a time when strategic planning was done only by the largest companies.

Now it is simply a requirement for all business to survive. Business leaders must be constantly looking ahead, anticipating change, and developing a strategy to proactively and successfully navigate through today's marketplace. Without strategic planning, businesses simply drift, and are always reacting to the pressure of the day.

Invest in Yourself by Friday July 19th and Receive these Additional Benefits:

• A $500 Firm Discount for EARLY BIRD Registration and an option to pay over 6 months (Ends July 19th)
• Entry into a drawing to win a DocuBank subscription.
• Entry for a drawing to win a personalized crafted attorney/staff bio (a $250 value).

Register now, block out your calendars, and make your plane reservations.

LWP Members Only – Click Here Now to Reserve Your Space!

Sheraton Syracuse University Hotel & Conference Center
Room Rate: $132.00/Single – $142.00/Double – $152.00/Triple & Quad
Group Rate Cut Off Date: 5:00 pm October 7, 2013
Reservations: (315) 475-3000

The event Hotel WILL sell out, it has every year so don't "wait and see" and take a chance. "But where no plan is laid, where the disposal of time is surrendered merely to the chance of incidence, chaos will soon reign."

What is the greatest success you’ve had since joining LWP?

Using LWP’s software and systems has empowered us to do a better job in our initial consultations.  We have seen a rise in client satisfaction and closed business.  We are believers of the client-centered approach developed by LWP for practicing elder law.

What is your favorite LWP tool?

We are new to LWP and still learning about all of the available tools.  The “LWP Planning Options” and “LWP Funding Roadmap” flowcharts are high on our list because they’re visual tools, enabling us to more easily communicate with our clients about estate planning, asset protection and public benefits planning. 

How has being part of LWP impacted your team and your practice?

LWP has boosted our confidence and productivity, resulting in greater client satisfaction and higher revenues for our firm.  Like Neo did in the renowned film “The Matrix,” we swallowed the pill and are on our way to freeing ourselves from the traditional practice of law and providing our clients with better-quality service.

"We are all failures – at least, all the best of us." ~ J.M. Barrie

What makes some people fail, while others succeed? How come everything some people touch turns to gold, while others fail time and time again? And what causes them to keep trying and not give up?

Let's look at stepping stones #1 and #2:

#1 – Realize there is one major difference between average people and achieving people.

John Maxwell explains that the difference between average and achieving people is solely in their mindset. He says in his book that the difference between average people and people who are achievers is how they respond to failure. People typically live their lives preparing for success, when they should actually be preparing themselves for failure. They should be learning what they are going to do with it and how they are going to react to it. I love the question Maxwell brings to the conversation: “If the possibility of failure were erased, what would you attempt to achieve?” Pause. Take a moment. What are you thinking?

Whatever obstacles you may be hitting in your personal and professional life don't really matter at all. What does matter is that you can absolutely handle it. And more importantly, how you handle it will be the difference between someone who gives up and someone who presses on (fails forward). It's the difference between quitting and giving up on your goals and dreams, or persevering and moving forward.

“The difference between greatness and mediocrity is often how an individual views a mistake.” ~ Nelson Boswell

#2 – Get a new definition of failure and success.

This chapter starts off with one of my favorite analogies in the entire book. Maxwell talks about a baseball player who steps up to the plate and makes an out – the 5,113th out of his professional career. Earlier in the game, however, the player had reached another major milestone in his career, one that only 21 other people in the history of baseball have ever achieved. He got his 3,000 hit! Wow!

That player, Tony Gwynn of the San Diego Padres, was one of the best baseball players ever to play, yet he averaged an out (FAILED) two out of every three times at the plate. When you look at it that way, it puts a different twist on the definition of failure.

Maxwell defines what failure is NOT in what he calls his Rules for Being Human:

Rule #1 – You will learn a lesson.

Rule #2 – There are no mistakes – only lessons.

Rule #3 – A lesson is repeated until it is learned.

Rule #4 – If you don't learn the easy lessons, they get harder.

Rule #5 – You'll know you've learned a lesson when your actions change.

Maxwell closes the chapter by stating that what you gain by making mistakes is the benefit of thinking differently. He tells the reader – he gives them permission – to set the standard to make a mistake quota when setting out on your next project, assignment, task, etc. Mistakes are part of the journey, a price you pay along the way to success.

If you are not currently an LWP member, and have considered – or are interested in discovering what we offer for asset protection, Medicaid & VA click here for information on our two day summit in Phoenix, AZ. Seats are limited and the last event sold out in less than one week!

Continue to follow along for the remaining 13 steps from Failing Forward.

Roslyn Drotar, Implementation Coach, Lawyers With Purpose

Over 1,000 federal laws are affected by marital or spousal status. Estate and Elder Care attorneys are regularly asked questions about a person or a couple’s rights regarding Social Security benefits, housing, taxes, health care, domestic support, bankruptcy, Medicaid, and VA benefits. The advice by counsel usually depends, and may differ, on whether the client is married or single.

On June 26, 2013, the United States Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) violates the guarantee of equal protection as applied to the Federal Government through the Fifth Amendment of our Constitution. Specifically, DOMA defined marriage as that between one man and one woman, and defined spouse as a marriage between people of opposite sex. However, the definition as detailed in DOMA did not restrict individual states from permitting same sex marriages or civil unions.

This, herein, lies the problem. States can permit or deny marriage to same sex couples. But, when a state decides to allow same sex marriage, DOMA then prohibited those couples from enjoying the same federal benefits as other married couples within that state. The case that led to the Supreme Court case was about a lesbian couple that had been together since 1963. They got married in Canada in 2007, which the state of New York recognized as a valid marriage. When one of them died in 2009, her estate incurred an estate tax liability of over $300,000 because she and her wife could not exercise their rights under the marital deductions afforded to other married individuals.

The ruling of the Supreme Court mandates that when a state recognizes the marriage of two people of the same sex, the federal government must as well, affording all the same government benefits to the spouse. One of the complicating factors going forward will be the fact that some federal laws respect the state where the marriage occurred, while other federal laws respect the state where the married couple lives. For example, the Veterans Administration will consider the marriage valid if the state where the marriage occurred recognizes it as valid. Thus, if my partner and I got married in New York, where marriages are valid, and then moved to Georgia, where same sex marriages are not valid, my spouse should be able to receive Veterans Benefits. However, because Georgia does not recognize same sex marriages, my spouse would still not realize any housing, inheritance, or tax benefits due to our status as residents of Georgia.

Moreover, we must be aware that although the Supreme Court determined that Section 3 of DOMA is unconstitutional, it did not make a ruling as to Section 2 of DOMA. Section 2 allows states to refuse to recognize same sex marriages performed under the laws of other states. Until this provision is challenged and ruled upon by the Supreme Court, one state can continue to deny marital rights even when the couple received a valid marriage in another state.

This affects so many Americans, to include me personally. My partner and I have been together for 16 years and had a commitment ceremony in Georgia 10 years ago. In Georgia, the ceremony means nothing, legally. I was ecstatic to hear the Court’s ruling. Given Jennifer and I already have plans of spending our 10 year anniversary in New York in July this year, I immediately began planning for us to get married, legally, in New York while we are there. But, then I thought, will it have any bearing whatsoever? Not in Georgia. But, since I am a veteran, Jennifer may receive VA benefits someday. Also, like the plaintiff in United States v. Windsor, Jennifer and I may be a good “facts” case to challenge the Georgia laws, when the climate is right. For three years now, Jennifer has been a stay at home mother while I work to support us and our three year old twins. For income tax purposes, it is generally better to file as married when there is a large disparity between the two household incomes. We don’t currently get to take advantage of that. I could go on and on about the current and potential disparities the law creates due to the discriminatory differences between married couples and those not permitted to get married.

Nonetheless, JUNE 26, 2013 is a day to be remembered in history for equality. As lawyers, be prepared to answer, in your state, how the repeal of Section 3 of DOMA benefits your clients, or doesn’t. Also, you can expect Lawyers with Purpose to include these topics of discussion in our future training events.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, Veteran of the U.S.A.F. and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About, and co-author of Getting to Baby: Creating Your Family Faster, Easier and Less Expensive through Fertility, Adoption, or Surrogacy.