Monday, August 8, 2022

The Unbillable Hour – April 2021 [Free read]

Are you in need of an Attorney? Do you want to understand the Law and what your rights are?

Here at Akers & Cleator Law Group, we are allowing a free 1-hour legal discussion about questions our community has.

Please submit your questions below and Thomas “Tom” Cleator, Esq., William “Peyton” Akers, Esq., and their Associate Attorney, Deborah “Deb” Goodwin, Esq. are standing by to help, for free! During the unbillable hour, we are answering questions that pertain to our legal expertise, so if we cannot help you, we will make sure we can point you in the right direction. We cannot wait to hear from you and look forward to assisting you.

One question on the latest episode of the Unbillable Hour was regarding a person involved in a divorce. She was tasked by her husband to use the same Attorney or she would not get anything from him. However, she is under the impression that you need different Attorneys in a divorce. Attorney Tom Cleator stated she should take a hard pass on her husband’s recommendation of using the same Attorney for reasons of ethical dispute. Attorneys have an ethical duty to represent the interests of their client. So, in this case, it presents a conflict when trying to divide money or estate and allowing each party to have fair representation. There have been instances where one Attorney drafts one document for both parties to review, such as a Consent Order, however; it must be made clear that the Attorney only represents one party.

The second question presented was regarding Probate. The caller asked how they can ensure that her husband and daughter do not have to go through Court or Probate when she dies and if a Trust is best option. Attorney Deb Goodwin stated that the cheaper and most basic resource would be a self-proving will. These typically only cost around $200.00 and give your family direction on what to do when she passes away, however; it does have to be witnessed, notarized, and filed with the Court. Furthermore, the most expensive option would be setting up a Trust, and those can cost around $2,000-$5000. The benefits are you can avoid Court, they are protected from Estate taxes, and it gives very detailed and explicit instructions. Depending on if you choose an irrevocable trust or a revocable trust, will depend on if you can make continual changes to the Trust as the years go by. The recommended type of Trust is the revocable trust that allows flexibility.

The third caller indicated that they were driving at night in a speed zone of 35 mph. They noted that they had their lights on, but almost hit a man crossing the road while wearing a black hoodie and carrying a bag. They only saw the bag but were concerned that had they hit this man that they would be in a lot of trouble. They want to know if there is any liability if they were following the rules of the road. Attorney Peyton Akers mentioned that under Virginia Code Section 46.2-924 explains that anyone not crossing the road in a crosswalk or attempting to avoid oncoming traffic would be liable. This driver did nothing wrong and had they hit the pedestrian could still have potentially been sued, in which they should contact their insurance company, but would not be at fault. If at any point the driver was found speeding or driving recklessly, then liability would be in question even if the pedestrian was not using the crosswalk.

Listen to the full audio here


As a reminder, Akers & Cleator Law Group practice multiple areas of law. They specialize in Family Law (divorce, child/spousal support, and custody & visitation), Criminal Law (traffic, domestic, misdemeanors, and felonies), Personal Injury (auto accidents, premises injuries, wrongful death, and negligence), Civil Litigation (mental health, contracts/breech of contracts, property damage, and more), and Debt Collection (whether you are collecting a debt or have a debt against you).
Akers & Cleator Law Group are here to help! Stay Safe!

Go to ACLawVA.com or call (757) 707-8838 to schedule a consultation.


Have a question of your own? Use the form below to submit your question and it may be featured in an upcoming session.

**DISCLAIMER**
The Unbillable Hour is not a law firm and does not provide Legal Advice (as defined below). Further, the Attorneys of AC LAW (Akers & Cleator Law Group) hosted on The Unbillable Hour are giving their opinion based on a small set of facts and does not constitute and you understand that their opinion does not constitute Legal Advice. In a real consolation the attorney may have more questions that what you have submitted that would lead to a different opinion. Therefore, before taking any action you agree to consult an attorney specifically for you matter and not rely on The Unbillable Hour or the Attorneys hosted on The Unbillable Hour. Your use of The Unbillable Hour Material does not create an attorney client relationship between you and The Unbillable Hour, or the Attorneys hosted on The Unbillable Hour. Instead, you are and will be representing yourself in any legal matter you undertake by using The Unbillable Hour’s Materials.

The Unbillable Hour provides opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms or templates, or strategies, or apply the law to the facts of your particular situation as given to them by your questions submitted. The Unbillable Hour and its Materials are not a substitute for the advice or services of an attorney.

The Unbillable Hour cannot guarantee that all the information given is current or accurate. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information like the kind The Unbillable Hour provides can fit every circumstance. Furthermore, the legal information contained on The Unbillable Hour is not legal advice and is not guaranteed to be correct, complete, or up to date. Therefore, you agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue you may have.

You agree that The Unbillable Hour does not provide Legal Advice.
You agree to accept full responsibility for determining the value of and for any use you make of The Unbillable Hour Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any The Unbillable Hour Material.

For the purposes of these Terms, Legal Advice is defined to include the following:

  • any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
  • advice on which legal document or documents you need or are best for your situation;
    determining the legal consequences that will or could result from how you have create your legal document;

    • whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
    • whether you have omitted any necessary provisions or details from your legal documents; and
    • whether you require any additional legal documents or legal procedures.

Sponsored content by

Related Articles

MORE FROM AUTHOR