Spartan Law Group is a full service law firm committed to representing Your Business and Personal needs for clients in Tampa, St. Petersburg, Clearwater, and throughout the State of Florida.

We understand that life is not always black and white and we structured this firm to help provide some certainty to get you through the gray areas. Our model provides certainty in costs, relationship, communication, and quality.

The Spartan Counsel Program fixes legal costs for those businesses who need regular counsel, but do not want the expense of a full time employee. Our personal services program assists in protecting your family and home ensuring you always have a Spartan to rely upon. The Spartan Project team is there to help you on a particular transaction. And when it occurs, our Spartan Litigation team prosecutes and defends your claims in times of need. Contact us to learn how you protect yourself in the gray areas in life.

Is your power of attorney still valid?

February 28, 2012, 9:56 pm - Jeff Baughman

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IN THIS ISSUE

NEWS

Changes to the Durable Power of Attorney Statute
Estate Tax in 2013?

TIPS

Let someone know where your plan is
Work with a team

Helpful News

Changes to the Durable Power of Attorney

A durable power of attorney lets another person make decisions over your property and will not terminate if you become incapacitated. If you are in a coma and someone needs to sell some investments to pay for your care, how does this happen? Your "attorney in fact" or "agent" can call your broker and request they sell the assets and proper care can continue. No durable power of attorney? If they are not a co-owner of the account, they will have to go through the considerable expense of having a guardianship opened and a judge decide on what to do with your property. In October 2011, the Florida Legislature amended Chapter 709 of the Florida statutes. The major changes include:

no more "springing powers"
multiple agents can act independently without first coming to concensus
certain powers must be signed for separately

Spartan advice - Do not appoint more than one person to be your agent. If your agents disagree on what to do with a piece of property, they no longer have to be in unanimous agreement to act, so long as it is in the best interest of you. Our experience with humans finds that "best interests" varies widely. You are better served with primary and alternate agents.

Estate Tax in 2013?

A favorite topic in election years is the effect of a new or possibly the same administration on taxes. 2013 will be no different. The current estate tax scheme will have to be renewed or a new scheme put in its place beginning in 2013. We take no political position at the firm, but generally find shifts from left to right or right to left result in changes and we endeavor to stay on top of them for you. What are the real options available to Congress?

Do nothing. If Congress does nothing, then a $1,000,000 estate tax exemption would apply and a 55% tax rate would begin on January 1, 2013.
Extend the current scheme. Congress could simply extend the current plan. Your current exemption would increase with inflation above the present $5,120,000 estate exemption and the estate tax rate would stay at 35%.
Meet halfway. This could be a combination of raising the exemption amounts and a raise in the rate. It may even involve removing the portability of the spouse's exemption. This would result in a tax scheme more like that found 3-4 years ago.
Repeal the whole scheme. Currently, it is a Republican controlled House of Representatives. Bills have been introduced during this past year calling for a full repeal of the estate tax. We do not consider this off the table, but caution that even if it occurs a change in the future would likely see the reinstatement of the estate tax in some form.
Guess. A last resort is for the legislature to do something else entirely. We can never be certain what influences or passes legislation. It is the nature of democracy to listen to many opinions and the form of a bill at the beginning rarely looks like the passed law.

Regardless of which option is chosen, we are here to stay on top of the issue for you.

Tips

Tell someone where your important documents are located Your will does no one any good if it cannot be found. We frequently receive emails from other attorneys searching for even copies of a will. In the meantime, the estate sits....and sits....and sits until it can be found. Please communicate your plan to someone.
Work with a team: We are not accountants, financial advisors, or experts in grief counseling. In fact, we seldom recommend these roles all belong to the same person for conflict of interest issues. When we work with other professionals we know and trust, it benefits our clients. Rather than waiting until it is too late, let your estate planning team know who they are. They will thank you and your legacy will be better off with the teamwork.

Mediation: Stirring the Pot or Creating Solutions?

January 15, 2012, 5:11 pm - Bralynne Meyers

When I first became a family law attorney, I was surprised to learn how many people did not understand or even recognize the word mediation. I guess when you spend years in law school, sometimes you lose touch with the real world and forget that what may seem commonplace, is sometimes a very esoteric concept to many. Before, I didn't think mediation needed an explanation; however, now, one of the first things I explain to a client is what mediation is and how it can be used as a great tool in family law cases.So begins my evaluation of the pros and cons of the mediation process. First, mediation can either be a formal or informal situation in which the parties and their attorneys come together with a third party neutral to discuss the issues in a case. If successful, the discussion may ultimately lead to a negotatied agreement which resolves the dispute. For those who have seen Wedding Crashers, the opening scene is basically Hollywood's version of the process. While it is over the top, it shows the basic concept. For those who have not seen the movie, where have you been?

There are many things about the mediation process which I believe can be helpful during a family law case. For example, it gives the parties the ability to say their piece in a setting where it will remain confidential. As everyone practicing law knows, "thou shalt not repeat anything discussed during a mediation session." If utilized correctly, it can be a great place to get the real issues on the table and deal with them in a setting that is not as overwhelming as a trial courtroom. I've had very successful mediations in which the parties resolved all issues and were able to stipulate to a resolution. This is the ideal situation.

However, there are also downsides to mediation. Depending upon who is conducting the mediation and the length of time it takes, it can be an expensive process. A cost-benefit analysis would still hold that mediation is worthwhile because trial is much more expensive on average. But, expense is not the only problem. Sometimes mediation is a lost cause and before discussion and negotiation can even begin, it is apparent that everyone is going to be wasting their time. In those scenarios, I find that at least one party has closed his or her mind to the spirit of the mediation and is simply using the process to bash the other party to anyone who will listen, while making idle threats about what will happen in the courtroom at trial. Usually as a result of this highly emotional confrontation, more issues erupt and nothing gets resolved.

Thus, while I highly endorse mediation, I am also a realistic individual. I know that not everyone will be able to sit in a setting and amicably discuss who should get the frequent flyer miles during a dissolution. If such was the case, I wouldn't be needed as a trial attorney in custody and divorce cases. Just remember, if you are preparing to attend mediation in the near future, the number one rule is that you only get out of the process what you are willing to put into it. If you go in with an open mind, you may just surprise yourself!

Press Release - December 5, 2011

December 1, 2011, 8:18 am - Jeff Baughman

For more information contact: Jeff Baughman
(727) 772-7826
jeff@spartanlawgroup.com
PDF Version

TAMPA BAY LAW FIRM DEVELOPS NEW PROGRAM PROVIDING PREDICTABLE AND PALATABLE COSTS TO CLIENTS

Tampa Bay/St. Petersburg, Florida, December 5, 2011 – Spartan Law Group, formerly Baughman Law Group, P.A. announced the launch of its Counsel Program™, a method of building a proprietary liability shield and reacting to clients’ needs for a predictable monthly fee while not charging for phone calls or emails. Spartan Law Group provides this service to fill clients’ expectations that their attorneys work proactively, react quickly, and the costs of representation be predictable.

Each Counsel Program™ client receives a variety of benefits dependent on the level chosen, but at its core all clients receive the Shield Review™ and are not charged for telephone calls or emails to their attorneys. “We found that clients did not see the value in the traditional retainer model of a flat monthly fee for their attorney to wait for a call to react to an issue,” said Jeff Baughman, founder and CEO of Spartan Law Group. “Most clients want and expect their law firm to build a wall around them when times are slow and to react quickly when an issue arises. We always have something to do proactively through our Shield Review™ process and the client does not have to worry about being charged for a quick phone call when an issue comes up,” Baughman explained.

The Shield Review™ accomplishes the proactive portion of the relationship. Each month the client selects from a series of over 300 separate activities for their attorney to work on during the month. Once the items are complete, the client continues down the list at its pace and in either a preselected order or in a custom order. When an unexpected issue arises, the Shield Review™ is put on hold until the task is completed. Once resolved, the client continues to build their liability shields in the areas of: employment, taxes, insurance, corporate matters, contracts, and a shield custom to the client.

All Counsel Program™ fees are on a monthly basis ranging from $500 to $5,000 per month. “We provide clients the flexibility during the current economic climate to go up or down in their membership, but keep building their shield at their pace and within their budget,” Baughman explained.

Tony Francisco, founder and chief executive officer of VAR Dynamics, LLC and one of the first Counsel Program™ members, cited the need for “expense predictability” as key to his company’s growth in enterprise-class software hosting services. “By proactively removing the legal unknowns with a predictable monthly cost, we become more viable company-wide and even more attractive as an M&A prospect” Francisco said. “Our new ability to show a list of things that have been addressed, as well as a list of future items to be taken care of is impressive for a company of any size.”

Spartan Law Group, based in St. Petersburg, Florida, is a full service law firm whose mission is to lead its clients through the Gray Areas of life and business. Spartan Law Group provides certainty, communication, competence, and creativity in its services through the use of advancements in legal business models, technology, extra training, and innovation. The premise is to encourage communication with our clients rather than being part of a perceived problem. This team approach drastically reduces costs and coordinates client expectations on the outcome of a particular case. Spartan Law Group practices in the areas of business litigation, construction law, family law, real estate, and probate and guardianship law.

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Stetson Law Entrepreneur Workshop

November 18, 2011, 10:19 am - Jeff Baughman

Speaker - Stetson College of Law Entrepreneur Workshop (Nov. 2011)