Meet With The Wise Guys

By gbennett • Nov 2nd, 2009 • Category: Letters Of The Law

Letters Of The Law

Paul Crossett of Orem understands the importance of meeting with his attorney periodically. Despite an initial upfront fee, he meets with his attorney for an end-of-the-year “check up” on his estate plan.
“I like to make sure everything is where it needs to be and we haven’t overlooked something,” Paul says. “Sometimes laws have changed or our circumstances have changed. It’s just good to meet once in a while.”
Like Paul, each of us could gain something from sitting down and letting our attorney put on the adviser hat.
“The end of the year is when people should remember that attorneys are also counselors at law,” says Justin Heideman, partner with Heideman, McKay, Heugly & Olsen, L.L.C. in Provo. “Counsel with them.”
Below are three sound bites from Benjamin Franklin, which remind you that a yearly tune-up with your attorney can keep things running smoothly.

“… nothing can be said to be certain, except death and taxes.”
An attorney should be part of an overall team of trusted financial advisers who should include some or all of the following: accountant, insurance agent, banking professional and financial planner (for a more complete look at how each of these assist in year-end planning, see the Money story on page 99.)
Perhaps more than the others, attorneys and accountants work with individuals and business owners to limit the amount of tax a person is obligated to pay.
Attorneys provide a legal perspective to the tax code and understand how the nuances of tax considerations can affect a person’s liability. While each is important, decisions should essentially come down to the client.
“Sometimes attorneys and accountants will interpret the same tax code differently,” Justin says. “That’s why it’s important to get information from both and make educated decisions.”

“Drive thy business or it will drive thee.”
The end of the year is a great time to make sure you have business affairs in order. In addition to tax considerations, there are also corporate governance issues you need to confirm are done correctly.
“Usually corporate governance requirements are done at the end of the year,” Justin says. “You can make sure you have completed the proper paperwork, held stockholder meetings, and make sure everything is in order.”
An attorney can assist in making sure human resource issues — like harassment and minimum wage notices — are done right and that the business is protected. A lawyer can also make sure securities issues are in order.

“Never leave that till tomorrow which you can do today.”
Planning for the upcoming year begins before Jan. 1.
“The end-of-the-year planning should start when the kids go back to school,” Justin says. “The closer to Dec. 31 you get, the harder it is to get into your professional adviser and the more you’ll have to share his attention.”
Working ahead means you get the best advice and have the most time to make decisions.
The plan for the next year will enable you to set new goals, learn from mistakes or omissions, and set affairs so your new goals can be reached.

CLICK HERE TO VIEW THE MAGAZINE ONLINE

gbennett is Greg Bennett, an associate editor with Bennett Communications. He lives in Spanish Fork.
Email this author | All posts by gbennett

Leave a Reply

Security Code: