Finding LGBT Friendly Legal Counsel

It can be a challenge for LGBT Virginians to find "gay friendly" legal counsel to handle their legal matters from a sympathetic and respectful perspective. Since my firm has been marketing to the LGBT community for a number of years now, we receive many calls from LGBT Virginians - sometimes from hundreds of miles away - seeking legal representation in areas of the law that this office does not handle. I endeavor to refer these people to other counsel that I know are both competent and gay friendly if not actually gay to insure that the legal representation provided will be thorough and that the clients will not be sold out by counsel afraid to stand up to frequently anti-gay biased judges (two judges in Norfolk spring immediately to mind in this regard, but the problem is really state wide).

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Of late, I have been receiving telephone calls providing tales of opposing attorneys - particularly in divorce cases - who advertise themselves as "gay friendly" yet who willingly and viciously play the "gay card" in courtroom hearings to harm their client's gay former spouse to the maximum extent possible in the divorce case. Obviously, most attorneys who do this hope to prejudice the court and/or brutalize the opposing party. In this vein, I received a call yesterday from a gay man whose estranged wife is being represented by an allegedly "gay friendly" attorney with a large area firm that advertises on Equality Virginia's legal resource page. This attorney reportedly is playing the gay card for all it is worth in the divorce hearings - even to the point allegedly of representing that the gay father can only have supervised visitation. Moreover, he is with a law firm that, in my opinion, is not only extremely homophobic, but would never have an openly gay attorney in its employ.
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Unfortunately, as the economy has nose dived, cynical attorneys and firms that are seeking to bolster falling revenues are waking up to the fact that the gay community is a potentially lucrative market niche. In my opinion, these attorneys and firms in reality care NOTHING for the LGBT community or individual LGBT clients and are after one thing only: gay dollars. As a result, they are not invested in seeing that LGBT clients receive justice in the courts. It's all about money and when a client comes along who wants to engage in vicious gay bashing to win in a case, these attorneys and firms quickly jump right on board (even though such conduct is probably a violation of the attorney Rules of Professional Conduct and raise issues under the Canons of Judicial Conduct as well).

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With the growing awareness of the size and purchasing power of the LGBT community, numerous websites are springing up that allow attorneys to advertise themselves as gay friendly (some sites allow the attorney to advertise that they are gay and out) . Similarly, some LGBT organizations such as Equality Virginia, provide legal resource listings as well. The problem is, no one seems to check behind attorneys and firms seeking to be listed. In the situation I mentioned, the Virginia Beach firm has itself listed as a legal resource on Equality Virginia's website, an issue that I have raised with Equality Virginia for investigation.
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So what should the LGBT client seeking legal counsel do? The first advice is to check behind the listing with people in the LGBT community. Is the attorney advertising to the LGBT market out professionally? If not, does the attorney claiming to be "gay friendly" support local LGBT organizations as a member, sponsor or through some other means? If in doubt, the LGBT client should call local LGBT organizations to see what, if anything, is known about the attorney participating in and advertising to the community. Likewise, call other advertising attorneys in other areas of legal specialization to determine what they know of the attorney/law firm in question. Bottom line: do your homework to make sure you will truly be hiring an attorney who will advocate your case.

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LGBT clients need legal counsel who are not afraid to call out the opposing counsel and/or the presiding judge if they engage in or allow gay bashing to occur in the case. Gay bashing and playing the gay card is NEVER appropriate. Do not allow yourself to fall victim of a cynical and opportunistic attorney who only wants your money and who will disparage you behind your back while happily taking your money.

Avoiding Foreclosure Rescue Scams

Foreclosure rescue scams target homeowners facing foreclosure, particularly if they are equity-rich but cash-poor. Rescue scams cost consumers thousands of dollars and, often, their most valuable asset — their homes. With foreclosure rates on the rise, foreclosure rescue scams are also increasing. The elderly, and people with low incomes or blemished credit, are particularly vulnerable. Before entering into any such transaction, it is crucial that the homeowner consult a competent real estate attorney. Moreover, NEVER, EVER sign paperwork at the kitchen table that has not been reviewed by some third party looking out for your interest. Some of the scams utilized are as follows:
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Phantom help - The rescuer charges excessive fees for telephone calls and paperwork that the homeowner could have handled them self, or promises representation and services that never materialize. In either event, the homeowner may have little or no financial resources remaining to save the home after paying these worthless fees.
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Bailout - The rescuer bails out the homeowner by helping “dispose of” the house. The homeowner typically surrenders title to the house while believing they can stay on as renters and/or buy the house back once they resolve their financial matters. Too often the terms are so onerous, however, that repurchase becomes impossible, the homeowner permanently loses possession, and the “rescuer” walks off with all, or most, of the homeowner’s equity.
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Bait and switch - Rescuers tell the victims they will obtain a new loan that will solve their problems. In reality, the homeowner signs documents that give the scammers ownership of the home, while the victims remain responsible for the mortgage repayment obligations. Many homeowners believe that they were signing documents for a new loan to make the mortgage current, or arranging for an intermediary to negotiate more favorable terms with the lender.
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There are a number of things that a distressed homeowner should do to help themselves. Here are some of them:
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1. Make sure that your home actually is in foreclosure. If you are behind in your mortgage payments, you will receive a delinquency notice from the lender. These letters notify you of your delinquency and give you a chance to resolve the debt. If you receive a Notice of Trustee’s Sale, or similar document, your home is in foreclosure, and you need to respond accordingly IMMEDIATELY. Contacting an attorney on the eve of the foreclosure sale is too late..
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2. Ask your lender about renegotiating or refinancing your loan or working out a payment plan. Be honest about your financial situation. The sooner you contact your lender, the sooner you may be able to remedy the problem.
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3. Contact your attorney, not one referred by the individual or company that is involved in the foreclosure prevention/agreement.

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4. Do not sign a contract under duress. Request time to review documents or to have them reviewed by your attorney. If you do not understand a document’s contents, ask a trusted family member, attorney, or financial planner to review the documents with you.
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5. NEVER accept verbal representations. Obtain offers in writing, and review all written offers
Thoroughly with a trusted independent advisor.

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While Virginia has passed legislation directed to limiting the ability of scammers to operate in the state, crooks are very resourceful and the legislation in and of itself doesn't mean that scammers will not continue to find ways to take advantage of distressed homeowners.

Will Recession Force Restructuring of Legal Profession?

An interesting column is in today's New York Times that looks at the legal profession as it is buffeted by the recession and corporate clients seeking to drastically control their legal expenses. For consumers how things shake out may make for better, more cost effective ways to secure legal services without paying excessive fees to big law firms, especially as attorneys leave large firms and open smaller operations. In short, it may be come easier to secure attorneys with big firm knowledge at smaller firm pricing - something my firm offers.

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The reality is that the current set up of large law firms is much like a plantation system with a huge overhead factor where the often grossly over paid partners oversee the laborers made up of the associates. In some cases the partners do little - the real work is done by associates - yet bill crazy amounts for their inflated time. Meanwhile, associates are pressured to bill literally every minute of their time to generate required billable hours and collect fees. Associates often feel themselves to be like rats on a wheel with no way of exiting. Meanwhile life among the partners is no cake walk either and in many firms life among the partner ranks is like being in a piranha tank. Savvy consumers should use the current upheaval to their advantage. Here are some column highlights:

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The economic downturn is hitting the legal world hard. American Lawyer is calling it “the fire this time” and warning that big firms may be hurtling toward “a paradigm-shifting, blood-in-the-suites” future. The Law Shucks blog has a “layoff tracker,” and it is grim reading. Top firms are rapidly thinning their ranks, and several — including Heller Ehrman, a venerable 500-plus-lawyer firm founded in 1890 — have closed.
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The employment pains of the legal elite may not elicit a lot of sympathy in the broader context of the recession, but a lot of hard-working lawyers have been blindsided, including young associates who are suddenly finding themselves with six-figure student-loan debts and no source of income.
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The silver lining, if there is one, is that the legal world may be inspired to draw blueprints for the 21st century. The changes are likely to begin with compensation. . . . Lower pay should mean that associates will not need to work the grueling hours many have been forced to. And it will mean less pressure to go into private practice for law graduates who would rather do something else.
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Clients are also likely to benefit — and consumers, since legal fees are built into the cost of almost everything. Even before the downturn, big-firm clients, led by the Association of Corporate Counsel, were pushing to phase out the billable hour — which can go as high as $1,000. Tight corporate budgets will give clients more leverage to push to pay by the project or for successful outcomes.
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Law schools may also become more serious about curriculum reform. The Carnegie Foundation for the Advancement of Teaching released an influential report that, among other things, urged law schools to make better use of the sometimes-aimless second and third years. If law jobs are scarce, there will be more pressure on schools to make the changes Carnegie suggested, including more focus on practical skills.