April 2006 - Firm Name Change

Names are fascinating. Sometimes I think that our gestation period lasts nine months only so parents can angst for that long, trying to make a decision they won’t regret for the rest of their lives. . . or should that be the child’s life? Our names, even if not intrinsically unique, are, of course, uniquely our own. Our name is, both literally and figuratively, our identity. Despite a sometimes longing for a name more “cool” than our own, most of us like and are proud of our names.

Sometimes, names are changed. In some cultures, when a person faces sure death, the name is changed to fool the Angel of Death. Sometimes, names are changed to reflect a particular change in status, such as with the Pope and royalty. Sometimes, names are changed to recognize a significant contribution. It is in furtherance of this last thought, that we have changed our name to Hymson Goldstein & Pantiliat, P.C., to honor the long tenure of our partner, Eddie Pantiliat.

While the name has changed, our principles and commitment to our clients has not. After all:

“Our Business is (still) your peace of mind.”

March 2006 - Annual Spring Training Game

When you call our office on the afternoon of March 23, 2006, we won’t be here. It’s not a new holiday, nor do we all have the bird flu. Rather, all of the attorneys, paralegals, and support personnel from Hymson & Goldstein will be out at our annual Spring Training game. This outing is one of our major team-building exercises during the year. It fosters esprit de corps and collegiality. The partners, performing a major role-reversal, serve everyone else that afternoon: hotdogs, beer, peanuts, ice cream…the works. We even watch a little baseball at the same time and soak up a lot of sunshine! It’s been part of our firm’s culture since our inception in 1990, and it is a concrete application of one of our core values - work hard, but have fun!

Love of baseball and memories associated with the sport are prolific among our team. A few of our attorneys share some of their memories of our national pastime:

Irving Hymson – My first game was with my dad at the Polo Grounds. The Giants had rookie Willie Mays, but my favorite was first baseman Tookie Gilbert. I liked his name. Money was tight in those days, and I was so happy when Dad asked if I wanted a hotdog and then bought peanuts, too! (So much more exciting than Mom’s egg salad sandwiches that we brought…and ate anyway). We even invested a dime in a program! I still have it (and every other one I ever bought) - worth about $200.00 today! Spending the day with Dad? Priceless.

David B. Goldstein – My first baseball memory is attending a game with my grandfather, father and uncle at the old Ebbets Field in Brooklyn, New York. In those days, the upper deck was supported by girders, and I sat behind one. Don Zimmer was thin then! My best baseball memory is watching my son, Gideon, who is developmentally-delayed, play Challenger Baseball, complete with the full catcher’s get-up.

Eddie Pantiliat – I recall taking my oldest son, Ari – a few months old at the time – to the firm’s baseball outing. We have a picture of him from this game, wearing a tiny baseball cap. Since then, we’ve enjoyed many baseball games with family and friends, he’s played on a team, and we relish a game of catch on the weekends. Our relationship as father and son has deepened in large part to our shared love of the game.

Loren Molever – As a kid in the 60’s, I remember watching Roberto Clemente and the Pittsburgh Pirates play in old Forbes Field for years. Much later, I’d felt like I’d really “made it” as an adult when I splurged on season tickets for the D-Backs’ inaugural season in ’98 and could take my sons to the games. For me, that was a reflection of “the circle of life”… a good life!

February 2006 - Tax Deductions

Did you know that the cost of hearing aids, eye glasses, laundering services when traveling, and safe deposit boxes used for investments can sometimes be viable tax deductions?

Knowledge is power in any situation, and when it comes to taxes, you can quickly find yourself in a situation where what you don’t know can hurt you. Not long ago, the Internal Revenue Service reported that it had over $4.8 billion in “unclaimed revenue” – money that taxpayers have overpaid. Taking advantage of deductions that many taxpayers overlook could help keep you from being one of those who overpay the IRS. Of course, we urge you to consult with the tax preparation professional of your choice.

Complete a form here, organize some receipts there, and you’ll be able to maximize your tax consequences.

November 2005

“The most basic and powerful way to connect to another person is to listen. Just listen. Perhaps the most important thing we ever give each other is our attention . . . A loving silence often has far more power to heal and to connect than the most well- intentioned words.”

- Rachel Naomi Remen, Kitchen Table Wisdom

The truth is that, no matter how much attention we pay to the world around us, we can all use a lesson in effective communication. That’s why our letter this month is all about communication: effective listening and steering clear of communication roadblocks.

One of the best services a lawyer can provide is a ready ear, along with a listening mind. We are never too busy to listen to you, or the friends and acquaintances whom you refer to us for legal assistance. We are attentive and are ready to act on what we have heard, and we are always thankful for the opportunity to do so.

October 2005 - Arizoan is a “right to work” state?!

In our general business practice we regularly deal with employment issues – often a client will exclaim that his or her rights have been violated in the workplace because we are a right-to-work state. They are correct…and wrong!

The term “right to work” simply means, generally, that if you are employed in a job where some of the employees who do the same job are members of a labor union, you need not join the union. You may be employed as a non-union employee. But that does not mean that employee is guaranteed “a right to work.”

Perhaps more accurately, Arizona is a “right-to-fire” state, for Arizona employment is generally at the will of either the employee or employer. As an at-will state, people can be employed either pursuant to a written contract of employment for a particular term and for specific compensation, or at the will of the employer for an indefinite period of time and for whatever compensation the employer chooses, subject to minimum wage and hour requirements. Stated another way, we are an “at-whim” state because, absent a written contact for a certain term, an employer can terminate an employee (that’s law-speak for “fire” an employee) on a whim, or for a good reason, a bad reason, or for no reason at all – so long as it is not for one of the few illegal reasons. Alleged reasons include:

• discrimination against a protected class or for a protected reason, such as race or religion of employer or employee;
• firing because the employee exercised a protected right like seeking workmen’s compensation; and
• ending employment because the employee reported illegal activity to a law-enforcement agency.

Thus, when a client suggests that they have been fired unfairly, they are often correct, but without a remedy. Bad for employees; good for employers. Without a written agreement or provision in an employment manual, an employee lacks legal protection for employee “loyalty” or tenure. In many instances, an employer can be totally “unfair” without running afoul of the law - that’s the law! But with a properly drafted agreement, the employee may have protection.

If you have any questions about employment issues, whether you are an employer or employee, please give us a call. We’d love to talk with you about it.

September 2005

“Too much of a good thing can be wonderful.”

- Mae West

What could be wrong with a mortgage lender or broker ensuring that you have a healthy cushion of casualty insurance when refinancing your home, especially in these heady times when real estate property values are increasing at such a remarkable rate? The answer is, plenty. If a mortgage company requires more casualty insurance than the reasonable replacement cost of the improvements on your property, it may be an indication that you are dealing with a “predatory lender.”

Arizona law prohibits mortgage brokers and mortgage bankers from imposing such a requirement. Why? Because a homeowner will never be able to recover from the insurance company more than the cost to rebuild the home, even if it is completely destroyed. Climbing property values do not necessarily correspond to an increase in the cost of rebuilding. Thus, any premium paid for insurance in excess of the replacement cost of the home is wasted.

There are mortgage brokers and mortgage bankers who will ably and honestly assist borrowers in their real estate purchases. (If you need a referral, call us) Unfortunately, there are also brokers and bankers in today’s market who use the complexity of the process to hide abusive practices. Generally, a borrower may not be required or permitted to sign any document if it contains any blank spaces. False, misleading, or deceptive advertising about rates, terms, or conditions for a mortgage loan is abusive. In certain cases, requiring a residential borrower to agree not to seek the loan from another source is considered an abuse. Commingling borrower money with money of the mortgage banker is prohibited. Even delaying the closing of a loan without good reason, resulting in increased costs to the borrower, is expressly prohibited by Arizona law.

If you are in the process of applying for, or closing on, a mortgage loan and you suspect that you are subject to an abusive practice, ask your broker or lender about your concern. An honest mortgage broker or banker will make certain that you receive clear and satisfactory answers to your questions. On the other hand, if the answer leaves you feeling that you are getting “too much of a good thing,” if you have a prepayment penalty provision, or if you do not understand your financing documents, please don’t hesitate to give us a call. We are happy to be of assistance.