General

Happy Halloween!

Bimal Saraiya · October 31, 2017 ·

We’re big fans of math, statistics, and economic analysis. To that end, I thought I’d share an article to help you maximize your candy haul tonight. Maybe you’ll get lots of Kit Kat bars, the most influential candy bar of all time.

For my readers in California, please be aware that in Hollywood, the possession or use of Silly String is not permitted. In Walnut Creek, you must have a permit to wear a Halloween mask.

If you’re just interested in free food (and who isn’t?), check out this list.

I’m trying really hard to make this a legal post, so let me also say that extortion is bad. If you find yourself in a legal quagmire, don’t hesitate to contact your favorite attorney!

Attorney vs. chatbot advice

Bimal Saraiya · September 18, 2017 ·

Can an attorney be replaced by a chatbot?

A “robot lawyer” chatbot, available in all 50 states since July, is promising to help you sue Equifax for the data breach without hiring a lawyer. I wrote about the data breach last week, and pointed out the controversy over the arbitration clause that has since been resolved. This has opened up the ability for anyone affected to sue Equifax. Should you and what kind of advice do you need?

Initiating a lawsuit is not something to be taken lightly. It can be expensive, stressful, and time-consuming. Small claims courts exist to minimize these hurdles, but unfortunately it’s not like Judge Judy. There are still forms, procedures, hearings, arguing, and the pesky law.

Enter the chatbot

This chatbot was initially created to help defend against parking tickets. The creator claims that the bot can now handle 1,000 different issues. It simply asks you a few questions and creates forms or letters for you to print and sign. In the case of suing Equifax, it drafts a small claims petition and gives you some basic information on what to do with it.

Regrettably, as I’ve written before, lawyering is a lot more complex than just filling out forms.

Don’t shortcut the process

When I first meet a client, I typically spend an hour or two with them to fully understand the issue and their needs and goals. I ask a lot of questions. Many times, things come to light that the client didn’t think was important or relevant. Without a firm grasp of all of the fact and circumstances, advice could be wrong or incomplete. A bot can’t make the same inferences and logical leaps an attorney can. It can’t tell you everything you need to know based on a few typed questions and answers.

Even worse, a bot won’t ask you detailed questions that may change the equation entirely. About 1/3 of the time, I find myself explaining to a potential client that while they can proceed in the manner they envision, they shouldn’t. In these cases the action won’t culminate in their desired result or worse, may adversely affect their long-term goals.

As a software developer, I’m well aware of the advances in artificial intelligence. But we’re still a long way from a bot fully understanding the nuances of case-law, human emotion, practicality, and how it all relates to a given set of facts.

And then what?

So you decide to take matters into your own hands. You’ve used a bot and researched the issue online. You’ve figured out that you need to fill out a form and file it. And then what? What are you going to do with this form? Does it need to be filed? Does it need to be served? What if the other party refuses to respond? What if there’s a hearing – do you know what to argue and how? Do you know all the rules to make sure that even if you win, it can’t be set aside because you didn’t follow all the proper procedures?

There are a lot of things you can do yourself. Even in the legal world. There are routing things that really do involve just filing out a form and mailing it in. For example, if you own a home in Texas, you should make sure you file a Homestead Exemption Application. You absolutely do not need an attorney for that.

But if you have a dispute or don’t understand a contract or just don’t know your rights, an attorney can be a valuable ally in helping you protect your interests.

I ain’t afraid of no bots

(Apologies to Ray Parker, Jr.)

To be clear, I’m not afraid of a bot. I don’t arbitrarily dislike online legal services because it’s competition. I’m all for increased access to the law for all people, and I wish more people were able to solve problems without having to dive into legal intricacies, procedures, and bureaucracy. But a neutral advocate who can holistically guide you can be an invaluable asset in solving your problem.

You get what you pay for

While this isn’t always the case, it is true more often than not. Free legal advice is sometimes worth exactly what you paid. Sometimes, it can be worth even less. If you take an action that’s not allowable at law, you can not only lose whatever expenses you incurred, you may even be ordered to pay the fees of the other party.

If you have a legal question or issue, call us to see if we can help. We’re located in Plano, TX and represent clients throughout Collin County. We handle business matters, estate planning matters, contracts, trademarks, real-estate transactions, and more. If you have issues that extend to California or Colorado, we can help – we’re licensed there too.

Do what you love

Bimal Saraiya · September 14, 2017 ·

Is it time to start your own business?

I read with interest a thought-provoking piece about Elon Musk, written by someone who knows him well. He asserts that neither money nor intelligence are necessary to be successful. At first glance, this seems obvious. After all, there are thousands and thousands of people successful in the arts, in the community, in politics, in their families, and generally in their lives without being in Mensa or being a multi-millionaire. But for success in business, this might be a heretical proposition.

The common consensus is that being highly intelligent and going to, or dropping out from, a top school is necessary to be successful in business. Most entrepreneurs trumpet their academic achievements and showcase past accomplishments that show their intelligence. I’m certainly guilty of that. I am proud of my schooling, my credentials, and my accomplishments. But would I be the same person regardless? Would I have the same drive and the same passions? Mr. Cantrell, it seems, would argue yes.

Love what you do and do what you love – Ray Bradbury

Ray Bradbury may not have been a scion of business, but there’s no doubt he was a success. As Mr. Cantrell explains, a necessary foundation for success is doing something you are passionate about and you are good at. Ray Bradbury certainly epitomized these traits. More than anyone else, he popularized modern science fiction.

Don’t aim for success if you want it; just do what you love and believe in, and it will come naturally – Sir David Frost

If you already have a passion for something, why not turn it into a business? After all, most people didn’t think Elon Musk would succeed with SpaceX. Yet, he was passionate about it, he stuck with it, and he proved everyone wrong. Don’t think that you can’t approach something with the same level of determination he did. Everyone who thinks about running their own business has the three essential skills Mr. Cantrell speaks of: 1) intelligence, 2) skill, and 3) value creation.

Great things in business are never done by one person. They’re done by a team of people. – Steve Jobs

Here at OfficeFlex and Saraiya Pllc we are passionate about what we do. We help business founders follow their dreams and make their business a success. With the right team behind you, inherent skills and dedication can push you along the path of success.

If you have been considering starting a business but have been putting it off, I leave you with a quote from Jeff Bezos, founder of Amazon.com: “The common question that gets asked in business is, ‘why?’ That’s a good question, but an equally valid question is, ‘why not?'”

Contact Us to learn more about turning your passion into your business.

The Attorney Process

Bimal Saraiya · September 13, 2017 ·

Lawyering is not one size fits all

Two weeks ago, I met with a potential client. After an in-depth discussion of his issue, I gave have him my recommendations and explained the costs to proceed. He objected, stating that because I’ve handled that type of situation before, it should be trivial and quick. This underscored a fundamental misconception for what attorneys do and why they are a valuable resource.

I’ve encountered numerous people that think attorneys do nothing more than fill in blanks on forms and templates. The reality is that while there are forms and templates for the pro-forma parts of a document, the meat of the document requires skill, thought, and attention.

There is a process

Every situation has its own unique set of circumstances. It all starts with the initial consultation. A good attorney will ask numerous questions to get all the facts to have a full and complete understanding. Then and only then can an attorney give advice as to what they believe are the best steps to take.

When drafting documents, an attorney will research the issue to find relevant case law, apply the clients’ unique facts to the law, and persuasively argue their clients’ position. Even if it’s a document the attorney has drafted before, that research and application is always unique to the clients’ facts.

Put simply, the law is not formulaic. It’s a lot more than just filing out a client’s name on a pre-drafted document. It takes time and skill. The last thing you want is a hastily prepared document that may not effectively address your issue.

Attorneys are professionals too

Look it at this way. If you tore your ACL and needed surgery from an orthopaedic surgeon, would you tell the surgeon that it should be quick and easy because he’s repaired an ACL before? No. Because your knee is different, and the surgeon still needs to go through all the steps to properly complete the surgery.

If you have an issue, good legal advice and representation is important to ensure you get the best possible outcome. Consult with an attorney that takes the time to truly understand the issues and your goals. If you are in the Plano or Collin County area and want to know more about us, Contact us to schedule a consultation to meet with us.

We want to help you. You just have to let us.