Tag Archives: Dissolution

Oregon Vital Records Free of Charge to those Affected by Wildfires

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From the Oregon Health Authority:

Many Oregon families may have lost all vital documents due to the wildfires. Family members may also have died in the wildfires. Under a new temporary rule, up to three certified copies of Oregon vital records will be provided free of charge if requested in connection with Executive Order 20-35. This new rule will remain in effect until March 1, 2021.

Frequently Asked Questions

What does this mean?

The State Vital Records office will provide up to three (3) certified copies of a birth, death, marriage, divorce, domestic partnership or dissolution of domestic partnership free of charge if the record is requested in connection with Executive Order 20-35 related to wildfire response. The Executive Order only applies to fires that occurred in Oregon.

County Vital Records offices will provide up to three (3) certified copies of death or birth records free of charge if the record is requested in connection with Executive Order 20-35 related to wildfire response.  

When does the fee waiver go into effect?

The fee waiver goes into effect September 14, 2020 and will remain in effect until March 1, 2021.

How do individuals get the vital records fees waived?

When ordering the certified copies of the vital record, the person ordering the certificates must state the reason for needing the record as “Executive Order 20-35” or “Oregon 2020 Wildfires”. It is important that this information is noted on the order so the fee can be waived appropriately. See link for ordering information.

What happens if I order by mail?

Complete and sign the order form. State the reason for needing the record as “Executive Order 20-35” or “Oregon 2020 Wildfires”. It is important that this information is noted on the order so we know why a fee is not included. Provide identification as required. We may request additional documentation if it appears the request for records is not in connection with the wildfires.   

What happens if I order over the Internet or by phone?

If you are ordering via the Internet or phone, you will need to pay the entire fee upon ordering. The certificate fee will be refunded once the order is received by the Center for Health Statistics. State the reason for needing the record as “Executive Order 20-35” or “Oregon 2020 Wildfires” when completing the order. It is important that this information is noted on the order so the certificate fee can be waived appropriately, and a refund submitted. We may request additional documentation if it appears the request for records is not in connection with the wildfires.

County Vital Records offices will provide up to three (3) certified copies of death or birth records free of charge if the record is requested in connection with Executive Order 20-35 related to wildfire response.  

Do Good Friends Make Good Partners?

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The following is an update of “Thinking about Partnership?”

A potential partnership between lawyers sparks many issues – capitalization; entity formation; allocation of profits, losses, income, and expenses; restrictions on partnership authority; division of management duties; decision-making; withdrawal; and more.

But the most important consideration is often ignored: basic compatibility.

Do good friends make good partners?

Not necessarily. The interests or characteristics that draw two or more people together as friends do not always translate well to the business world.  This includes the practice of law.

Sometimes money gets in the way.  Or you could be polar opposites when it comes to work ethic or work style.

Perhaps you and your potential partner are “two peas in a pod,” sharing the same dislikes. While that may sound like a basis for bonding, it can also be a deadly combination.  The example that comes to mind is accounting.  Billing, recordkeeping, accounting, and reconciling can be outsourced, but should still be supervised.  As partners, the buck stops with you.  If neither of you has an interest in tending to law firm finances, you may quickly find yourself out of business.

How to size up a potential partner

For two lawyers considering a partnership, compatibility can be gauged best by joining forces as solos in an office share.  Each lawyer maintains his or her own practice, following the usual recommendations for an office sharing situation.  See the Professional Liability Fund (PLF) form/practice aid, “Office Sharing Guidelines” available on the PLF Website.  

In an office share you can assess your potential partner’s work ethic, work style, and work habits first hand.  You will also learn how your potential partner approaches division of responsibility and money when the time comes to allocate and pay office share expenses.  You have the option of collaborating on individual cases while maintaining your independence.  This will give you intimate knowledge of your potential partner’s capabilities as a lawyer.

If the office sharing arrangement is successful, and you can come to terms on partnership formation issues, you are likely to have a successful union.  If the office sharing arrangement is not successful, you can accept the experience as a “lesson learned” and terminate the office share without the mess of a formal partnership dissolution.

For those who are convinced they have a winning partnership

Occasionally I meet two lawyers who are absolutely convinced they will form the perfect partnership.  They forge ahead, without the benefit of an office share experience, and later regret their decision.

I don’t wish to dampen anyone’s enthusiasm, and sometimes folks are absolutely right in their assessment.  If you’ve known each other for years, and “just know” it will work please do this simple exercise first:

Schedule a time to get together with your potential partner.  Bring two legal pads and two pens.  Allow ten or fifteen minutes for each person to make a list of the goals he or she has for the partnership.  Each person should be able to answer: what do I hope to get out of this?  How will partnering up be a significant improvement over my current working situation?  Exchange lists.  What you learn may surprise you.

Obviously you can approach this exercise any way you like, but here are my suggested ground rules:

  1. Keep the process as spontaneous as possible. If the exercise is your idea, resist the temptation to work on your list in advance.
  2. Write down the first thoughts that come to mind.  Don’t edit yourself to please your potential partner or you defeat the whole purpose of the exercise.
  3. Keep it succinct.  The next ground rule should help with that.
  4. Stick to the time limit. If one or both of you can’t put your goals down in writing in ten or fifteen minutes, that alone should make you pause.
  5. Be open to whatever the other person has to say.

Why bother?

As a wise man named Lee Rosen once pointed out, “lawyers can be nasty.”  We are, after all, human beings.  If we don’t get along, odds are we will take it out on each other. Finding someone compatible to partner with is incredibly important.  The experience should be positive, rewarding, and gratifying.  Life is too short for anything less.

All Rights Reserved [2017] Beverly Michaelis

 

 

Thinking about Partnership?

Posted on by
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A potential partnership between lawyers sparks many issues – capitalization; entity formation; allocation of profits, losses, income, and expenses; restrictions on partnership authority; division of management duties; decision-making; withdrawal; and more.

But the most important consideration is often ignored: basic compatibility.

Do good friends make good partners?

Not necessarily. The interests or characteristics that draw two or more people together as friends do not always translate well to the business world.  This includes the practice of law.

Sometimes money gets in the way.  Or you could be polar opposites when it comes to work ethic or work style.

Maybe you are two peas in a pod with the same dislikes, which can be deadly.  The example that comes to mind is accounting.  Billing, recordkeeping, accounting, and reconciling can be outsourced, but should still be supervised.  As partners, the buck stops with you:

Lawyers must account for every penny of [client] funds as long as the funds remain in their possession.  This responsibility cannot be delegated, transferred, or excused by the ignorance, inattention, incompetence, or dishonesty of the lawyer or the lawyer’s employees or associates. A lawyer may employ others to help carry out this duty but must provide adequate training and supervision to ensure that all ethical and legal obligations to account for those monies are being met. In re Mannis, 295 Or 594, 668 P2d 1224 (1983) (lawyer reprimanded although he was unaware employee was commingling funds).  Excerpted from A Guide to Setting Up and Using Your Lawyer Trust Account, published by the Professional Liability Fund (2014).

How to size up a potential partner

For two lawyers considering a partnership, compatibility can be gauged best by joining forces as solos in an office share.  Each lawyer maintains his or her own practice, following the usual recommendations for an office sharing situation.  See the Professional Liability Fund (PLF) form/practice aid, “Office Sharing Guidelines” available on the PLF Web site.  

In an office share you can assess your potential partner’s work ethic, work style, and work habits first hand.  You will also learn how your potential partner approaches division of responsibility and money when the time comes to allocate and pay office share expenses.  You have the option of collaborating on individual cases while maintaining your independence.  This will give you intimate knowledge of your potential partner’s capabilities as a lawyer.

If the office sharing arrangement is successful, and you can come to terms on partnership formation issues, you are likely to have a successful union.  If the office sharing arrangement is not successful, you can accept the experience as a “lesson learned” and terminate the office share without the mess of a formal partnership dissolution.

For those who are convinced they have a winning partnership

Occasionally I meet two lawyers who are absolutely convinced they will form the perfect partnership.  They forge ahead, without the benefit of an office share experience, and later regret their decision.

I don’t wish to dampen anyone’s enthusiasm, and sometimes folks are absolutely right in their assessment.  If you’ve known each other for years, and “just know” it will work I would ask you to do this simple exercise first:

Schedule a time to get together with your potential partner.  Bring two legal pads and two pens.  Allow fifteen minutes for each person to make a list of the goals he or she has for the partnership.  Each person should be able to answer: what do I hope to get out of this?  How will partnering up be a significant improvement over my current working situation?  Exchange lists.  What you learn may surprise you.

Note:  Each set of potential partners can decide how long to allocate to this process, but there is an advantage in keeping the list-making phase short and sweet: limited time is more likely to result in someone writing down the first (unedited) thoughts that come to mind.  Limited time also forces participants to be succinct.

Understandably, such an exercise will always be one person’s idea.  But please don’t initiate such a meeting and arrive with a list prepared in advance.  If you prefer a mulling and polishing period, tell your partner several days in advance so each person has an equal amount of time to prepare.

All Rights Reserved [2014] Beverly Michaelis