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The Weber Kracht and Chellew Difference | Championing Your Case

November 4, 2014 By WKCLawBlog

champion_def_graphic

From time to time on this blog, our attorneys will share their firsthand experiences of working with our clients. In this instance, Abigail Fillman proves that at Weber Kracht and Chellew, we don’t just take your case; we act as your champion.

I represented a widow with young, twin children. This woman was involved for the first time in the criminal system based on helping her friend sell her prescription drugs, resulting in a serious felony charge – a charge under the same provision of the Crimes Code with the same potential penalties that would apply to a career heroin dealer. I was able to ensure that my client could remain at home with her children, that she received appropriate therapy and even encouraged her to engage in new social activities and hobbies. Just prior to my client’s sentencing, a woman with the same charges and no criminal history was sentenced to a state correctional institution. My client’s words were, “You saved my life.”

WKCLaw_AbigailFillman

Abigail Fillman is a 2007 graduate of the Temple University School of Law and specializes in Criminal Defense, Insurance Defense and Family Law at Weber Kracht and Chellew.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Credibility Statements, The Weber Kracht and Chellew Difference, Weber Kracht Chellew Attorneys Tagged With: Abigail Fillman, Bucks County, credibility statements, Crimes Code, Weber Kracht & Chellew

How to Avoid Nonprofit Management Nightmares

October 28, 2014 By WKCLawBlog

NonProfit_scary

Is your nonprofit organization a well-meaning model of “disorganization,” overly susceptible to legal risk?

Anyone closely affiliated with a nonprofit group recognizes gaps. For those who care enough to lead, the immediate question is this: How to take proper steps and time to identify, recognize and close the risk gap so as to minimize legal mistakes and avoid risking the mission?

Here are some hints:

Watch the Money

Charging one single person with group finances allows for a rampant host of problems. How many times have you heard media reports where a longtime treasurer was later discovered to have embezzled thousands of dollars. In some cases, tens of thousands of dollars. A string of volunteer fire companies in Virginia have recently received attention for just this reason. From PTO groups to charities, no type of nonprofit organization seems immune. Look for ways to have multiple eyes on the funds and document transactions through a paper trail. Avoid the temptation to tolerate covering mistakes and shift away from individual blame to focus on fixing organizational systems and practices.

Require regular, clear and informative financial reports and statements. Hire an outside, independent auditor. If you’re unable to afford such a resource, then have an outside party review your financial reports and records. Identify who has authority to approve/perform certain functions/roles and adhere to a businesslike duty of care.

Properly Observe Tax-related Obligations

Although most nonprofit organizations have been exempted from many federal taxes, this is a privilege which can be revoked. Know and pay any tax liabilities (i.e., sales tax on sold merchandise). Starting in 2008, many such organizations must file an “e-Postcard,” known as Form 990-N, or risk losing their exemption. Recently, an organization I know had (temporarily) lost its tax exempt status when its volunteer treasurer failed to file the e-Postcard for several years. Your organization’s mission can be undermined by a revoked tax exemption privilege. So, identity and file proper forms. When in doubt, check with your accountant or legal adviser.

Heed Early Signs of Wrongdoing

Look for ways to simplify procedure, but make known that everyone must follow the established protocol for it to effectively work. Even proper procedures will not alleviate a lack of discipline. So while organizations often run on trusted intentions, that should not exempt you or anyone else from having their behavior questioned. Things like borrowing from petty cash, taking postage, and using organizational resources for personal use – all lead to laxness. Accept, expect, and encourage legitimate criticism from all volunteers. Remember, you, as an officer, owe a fiduciary duty of loyalty to the organization, which means you must avoid favoritism or behavior which smacks of self-dealing. Encourage and tolerate dissenting opinions, as this will enforce accountability.

Have Proper Insurance Coverage

Reduce susceptibility to uninsured losses. Like tax problems, such losses can impose staggering costs or shut down an organization altogether. Review insurance policies, check with your agent regularly, and ask to identify what coverage best suits your organization. Inquire especially into director and officer coverage, as well as umbrella coverage. Additionally, create and review annually a risk management plan.

Identify risks, assess risk levels on what would constitute a bad day, and determine what outcome would be necessary and at which cost.

Follow the Rules of the Mission

Your charter is your mission. Your bylaws are your rules. As an organizational caretaker, your board’s duty is to exercise informed care while making decisions. Your decisions don’t have to be right, but they have to be reasonably within the rules. Like students who admit having never read the U.S. Constitution, many board members suffer from optimism bias, meaning their belief in their own good intentions act as a valid substitute for reading and following the charter. Think risk, without sliding into despair.

According to my own observation, the organizations who follow these steps this consistently well are a few in number. I think the ultimate question for any board is to ask itself, “What is our nonprofit organization’s mission and what best strategies and objectives are necessary to help legally fulfill it?” Seeking this answer will be more fulfilling and your organization’s mission will be better served.

RichardHowardJr

Richard Howard, Jr. is one of the most respected, dedicated and hard-working litigation attorneys in Bucks County. As a trusted advocate and counsel for his clients, Rick draws upon his strong judgment, undaunted work ethic, and extensive 24-year experience handling wide varieties of challenging and simple civil litigation matters, to effectively handle each client’s most difficult legal matters in today’s world. Rick prides himself on getting to the “real issue,” in truly relating to each situation, and doing what is “right” for his clients and in accordance with the Golden Rule.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Nonprofit Tagged With: Bucks County, charities, e-Postcard, Form 990N, insurance, nonprofit, PTO, Rick Howard, tax exempt, Weber Kracht & Chellew

Meet the Attorneys: Mike Frisbie

October 21, 2014 By WKCLawBlog

MikeFrisbie

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye towards avoiding litigation.  He takes pride and pleasure in helping people and businesses solve their problems.

Since graduating from law school in 1996, Mike has handled a wide array of litigation matters including personal injury, products liability, trucking and motor vehicle litigation, slip and fall, professional negligence, slander and civil rights matters on behalf of a range of individuals and businesses. Comfortable and knowledgeable in the courtroom fighting for his clients’ causes, Mike has substantial experience litigating cases in Pennsylvania State Courts and the Federal Courts. Clients appreciate how Mike is better prepared than his opponents and knows the facts and law “cold” so that he is the best advocate for them.

In addition to his trial practice, Mike is a valuable resource for small businesses who seek his help to employ successful operational and growth strategies with an eye toward avoiding costly litigation and conflict.  A large part of Mike’s practice is also dedicated to estate planning and estate administration. The grandson of dairy farmers, Mike is committed to helping small businesses and individuals understand the full array of legal steps they can employ to prosper and protect their businesses and families for generations to come.  Mike provides reasoned and practical advice to his clients in a manner that is easy to understand.

Mike takes pride in his client loyalty in that it shows satisfaction with a job well done.  For example, Mike successfully represented a large corporation in Northeast Pennsylvania providing litigation and other general counsel business advice.  Mike developed a good relationship with the principals of the business such that new files were referred directly to Mike for handling and counsel.  Mike’s aggressive, but practical, advice led to many cases being dismissed, smart settlements, and, where appropriate, great trial results.

Mike is dedicated to his profession and to his community.  Mike is a member of the Bucks County Bar Association, as well as that of his native Poconos’ community, the Monroe and Pike County Bar Associations.  He serves as a Court-appointed arbitrator on Arbitration Panels in the Courts of Common Pleas of Bucks, Lehigh and Monroe Counties and has also been selected by his peers for private arbitration matters.  In 2004, he completed the prestigious National Institute of Trial Advocacy Program at Temple University to hone his trial skills. He has lectured on arbitration practice in Philadelphia County and to numerous industry professionals on the topics of Pennsylvania law, Pennsylvania practice, and litigation strategies in Pennsylvania.

While in law school, Mike worked at the Rutgers Environmental Law Clinic, participated in an Internship at the United States Environmental Protection Agency and provided advice to small businesses through the Rutgers Small Business Counseling Clinic.  He was a  member of the Hunter Advanced Moot Court Program and provided community assistance with tax preparation with the Volunteer Income Tax Assistance Program.

When he’s not practicing law, Mike, an Eagle Scout, volunteers for  the Boy Scouts of America. He currently serves as a Vice President of the Executive Board of the Bucks County Council of the Boy Scouts of America  where he leads the Nominating Committee of the Council.  He is also a volunteer leader in Cub Scouts and Boy Scouts.  He has served as a Committee Chair and Den Leader with Cub Scout Pack 71 in Doylestown and volunteers for Troop 6 in Doylestown where his son is a Boy Scout.  Mike attributes his “uber-preparedness” to the Boy Scout Motto, “Be Prepared,” and his extremely caring and giving nature to his clients and community to living the Boy Scout Slogan  “Do a Good Turn Daily.”

Mike also coaches his children’s soccer teams at Warrington Soccer and basketball teams at the Doylestown Athletic Association.  He is a past volunteer with Habitat for Humanity of Greater Bucks.

He was a Dean’s List student in college and law school, and valedictorian of his high school class.  He received the American Jurisprudence Award for Civil Procedure in his first year of law school at Widener University School of Law.  Mike received his law degree from Rutgers University School of Law in Camden  in 1996. He received his Bachelors of Arts in History from The Pennsylvania State University in 1990 becoming the seventh member of his family to graduate from the school.  He, his father, brother, sister-in-law, and nephew have all played instruments in the Penn State Marching Blue Band (He played the sousaphone.).

Practice Areas:

  • Estate Planning and Administration
  • Civil and Commercial Litigation
  • Business Formation, Organization and Counseling
  • Real Estate

Admissions:

  • U.S. District Court for the Eastern and Middle Districts of Pennsylvania
  • U.S. District Court of New Jersey
  • Pennsylvania
  • New Jersey (inactive status)

Professional Affiliations:

  • Bucks County Bar Association
  • Long Range Planning Committee
  • Young Lawyers Division, former Chair
  • Monroe County Bar Association
  • Lehigh County Bar Association

Community Involvement:

  • Vice President, Executive Board, Bucks County Council of the Boy Scouts of America.
  • Volunteer scout leader with Cub Scout and Boy Scouts in Doylestown
  • Head/assistant coach, Warrington Soccer
  • Assistant basketball coach with Doylestown Athletic Association
  • Volunteer with Habitat for Humanity of Greater Bucks

Education:

Rutgers University School of Law – Camden, NJ – (J.D. 1996)

  • Dean’s List
  • Hunter Advanced Moot Court
  • Phi Delta Phi
  • American Jurisprudence Award
  • Environmental Law Society
  • Volunteer Income Tax Assistance Program.
  • Internships:  U.S. Environmental Protection Agency, Rutgers Small Business Counseling Clinic, and Rutgers Environmental Law Clinic.

The Pennsylvania State University – State College, PA – (B.A. History/Minor in Business Administration 1990)

  • Dean’s List
  • Undergraduate Teaching Assistant
  • Phi Alpha Theta (History Honor Society),
  • Penn State Marching Blue Band.

Stroudsburg High School, Valedictorian 1986

Personal Interests:
Music is important to the entire Frisbie family. Mike’s dad was a high school music teacher and still plays tuba in numerous community bands including playing in a Poconos-based German band for over 40 years.  Mike plays the tuba, electric bass guitar and acoustic guitar.  Mike’s family, including his wife and two  children, love to attend performances of the Bucks County Symphony.  Both children play the piano and other musical instruments.  The Frisbie family is committed to making our community better through their active engagement with the Central Bucks Family YMCA participating in youth leagues, swim lessons, and exercise classes.  Mike competes in a recreational “over 35” basketball league at the Y and has competed in two Tough Mudder events.

Mike’s Blog Posts:
Thinking of Being Your Own Boss? Start with Small Business Counseling
The Who, What and Where of Estate Planning

This blog is designed for general information only. The information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

 

Filed Under: Weber Kracht Chellew Attorneys Tagged With: Boy Scouts of America, Bucks County, Bucks County Bar Association, Doylestown Athletic Association, estate planning, Habitat for Humanity of Greater Bucks, Hunter Advanced Moot Court Program, Mike Frisbie, Monroe County Bar Association, National Institute of Trial Advocacy Program, Penn State Marching Blue Band, Perkasie, Pike County Bar Association, Rutgers Environmental Law Clinic, Rutgers University School of Law, small business counseling, Temple University, The Pennsylvania State University, tough mudder, Warrington Soccer, Weber Kracht & Chellew, Widener University School of Law

Thinking of Being Your Own Boss? Start with Small Business Counseling

October 20, 2014 By WKCLawBlog

Compass_RightPath

One of the areas where I help people is in small business counseling. A client recently came in to the firm after his career had taken a few turns. He wanted to get back to what he had gone to college for all those years ago. He had some ideas on how to do it and what to do, but his thoughts and plans were a bit disorganized.

We spoke about where he in his career and where he ultimately wanted to be professionally. Once he took some time to figure out where he eventually wanted to be, we then developed a game plan to get him there. We also discussed the formation of a business and what would be the best form – a sole proprietorship, an LLC, a corporation, etc. – for his purposes and needs. Once that was determined, we got the business formed for his new venture.

Small business counseling is not just forming a business for the client but rather providing a broader, almost holistic, approach to the overall challenges and opportunities involved.

After this particular client formed the business, he contacted me again. This time, with questions about how the business affected his estate planning – which is also right up my alley.

Are you thinking of starting a new business? Do you have a business and want to make sure it’s in the best format for your needs? Or are you established in business and want to make sure your estate planning is where it needs to be? Let’s talk.

MikeFrisbie

Mike Frisbie provides individuals and businesses with top level legal services for their everyday situations and problems. Together, they plan and prepare solutions with a litigator’s eye toward avoiding litigation.  He takes pride and pleasure in helping people and businesses solve their problems.

 

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: Small Business Counseling Tagged With: Bucks County, corporation, incorporation status, LLC, Mike Frisbie, S-corp, small business counseling, sole proprietorship, Weber Kracht & Chellew

This Week at Weber Kracht and Chellew | 10.18.14

October 17, 2014 By WKCLawBlog

Weekly Wrap-up image

Grab your favorite mug and settle in for this week’s recap of news from Weber Kracht and Chellew.

We got to know Michael Kracht in the latest installment of our “Meet the Attorneys” series. He helped us make sense of our motor vehicle insurance policies in his blog post, “What Do All These Motor Vehicle Insurance Terms Mean?”

We celebrated #TBT (Throwback Thursday) with a look at even more terrific photos from the Perkasie FallFest 5K – take a look to see if you’re in the photo album!

Keep up with all Weber, Kracht and Chellew news by checking this blog, liking us on Facebook, connecting with us on LinkedIn or following us on Twitter.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Filed Under: 5K, Community Events, Motor Vehicle Insurance, Weber Kracht Chellew Attorneys Tagged With: 5K, Bucks County, FallFest, FallFest 5K, Michael Kracht, Weber Kracht & Chellew

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