Archives For June 2012

50 Tips in 50 Minutes- Jim Calloway, Catherine Sanders Reach, Brett Burney at the Oklahoma Bar Association Solo and Small Firm Conference in Durant, Oklahoma:

1. Cheap and easy Screen Sharing - www.join.me from macsinlaw

2. Factory Reset Wiki http://factory-reset.com/wiki/Main_Page @catherinereach

3. Create your own QR Codes – login into Google Account, go to url shorenter and Google will set up codes @jimcalloway

4. Google + Business Page – unlike other social networks, Google search picks this up @catherinereach

5. PureText – paste text special into any program (Paste the text not the formatting), set up keyboard shortcut stevemiller.net macsinlaw

6. Watch Me - free download, multiple timers to cover all your tasks, especially good for multitaskers @catherinereach

7. TheFormTool – simply document assembly, cheap, http://www.theformtool.com/ @jimcalloway

8. mypermissions.org – takes you to the point in social media to see what permission you have given app @catherinereach

9. Add Evernote to Google Search Results through Chrome web clip tool @catherinereach

10. Scan documents with your phone macsinlaw ScannerPro for iPhone from Readdle $6.99 http://bit.ly/MJJkpH

11. Defeat Microsoft Word __ Orphaned text syndrome – paragraph options > line and page breaks . keep with next

I had a client ask this question recently. The short answer is that the bankruptcy proceeding does not allow someone to stay in their mortgaged home. For that reason, people in foreclosure don’t always choose bankruptcy protection. Let me explain this a bit further.

Filing for bankruptcy protection temporarily stays all collection activity against the debtor. For a mortgage holder though, the process works out a bit differently. The mortgage holder is allowed to ask the court to lift the automatic stay and allow the mortgage holder to proceed directly against the property, although not the individuals who are occupying the property. Practically, this means that shortly after a bankruptcy petition is filed by debtors who own a mortgaged home, the attorneys for the mortgage company will request that the court lift the automatic stay and about 99% of the time that request is granted and the foreclosure proceeding can continue in Oklahoma state court. The ultimate judgment that the mortgage company gets is only against the property though and not against the people that own the property and probably have individual liability to the mortgage.

The reason many homeowners are able to stay in their home for so long after foreclosure is that even after mortgage foreclosure cases are filed, the owners are usually allowed to stay there until the sale of the property is completed at the end of the case and sometimes until the sheriff literally kicks them out of the house.

There is another reason that some people don’t just file for bankruptcy after foreclosure starts: bankruptcy law limits a person’s ability to file for bankruptcy protection to one time during each seven-year period under each chapter of the bankruptcy code. That means that if a person files for bankruptcy protection in April 2010 under Chapter 7, that person will not be able to seek the same type of protection under Chapter 7 again until after April 2017 (this is of course assuming that the discharge in bankruptcy is actually granted to the person, if the case is dismissed then the limitation on every 7 years probably does not apply.)

I don’t normally write about mechanical and procedural issues of the legal system because most people have no interest in reading about them. However, electronic filing of court documents is something that should have a substantial impact on the Oklahoma judicial system. Eletronic filing means that documents are filed digitally, usually using PDF, with no paper and no one traveling to the courthouse. Electronic filing also probably means that the public will have online access to all documents filed in a court case, like one has in federal court now.

Federal Courts have required that documents be filed electronically since 2003. Some documents in some cases in some counties are available for Oklahoma state court cases. While the Oklahoma state court system has wanted to go the direction of the federal courts for many years, a number of factors including lack of resources has held up any progress. In Oklahoma 77 county courts, paper still rules. This might be changing though:

Last week the Oklahoma Supreme Court annouced its “OKLAHOMA RULES FOR E-FILING IN SELECTED PILOT COURTS”. You can see the Supreme Court’s opinion and the rules here or take a look at the rules below this post.

The rules are necessary so the courts know how to handle electronic filing and it done uniformly throughout all 77 counties. It looks as if the Court will be rolling out test programs in several county courts soon. This is a good sign since the tests are necessary before the Oklahoma Supreme Court allows at least some of the larger counties to host electronic filing (or participate in the system). The stated goal is to bring all 77 county courts and the appellate courts under one, uninfied, searchable electronic system.

Lest you think the only benefit of electronic filing is me not having to leave my office chair, I can think of several others:

1. A huge saving on paper;
2. Less stress on an already overburdened court system; and
3. Greater transparency through online access to court files, for the public.

The rules and pilot program are excellent signs of progress.

Download (PDF, 363KB)

This tip has its genesis in a problem I have experienced in representing both small businesses and individuals that provide services to those small businesses. The problem is that in many occasions there is no complaint about the work that was done until the party that is supposed to pay cannot pay. Either because it simply does not have the funds or has chosen to allocate its funds in a different way. Let me provide you with an example:

Party A makes an independent consulting agreement with Party B in which Party B will develop custom software for Party A. The scope of the relationship and obligations are detailed in an Independent Consulting Agreement that is signed by both parties. The relationship moves along swimmingly until Party A runs into problems paying Party B for its work. The payment problems are solely due to cash flow issues that Party A has. While the parties try to work something out, they are unable to and Party B is forced to file a lawsuit to collect money that it is owed. Party A hires an attorney to respond to the lawsuit and among other things the attorney raises the question of whether Party B properly performed its obligations under the independent consulting agreement. Keep in mind, that this is the first time the issue of Party B’s performance has ever been raised between the parties. Nonetheless, the fact that it is raised requires Party B to spend time and money defending the claims improving its entitlement to money which it should have been paid months before.

I have encountered this situation more times than I care to remember. It occurs to me that there is a way to short-circuit some of these issues if not completely eliminate them.

If you are the party doing the work, but not being paid, ask the party on the other side to agree that the payment problem is solely related an issue with lack of money and it has nothing to do with your work performance. For example, one could e-mail Party A’s representative to clarify that the lack of payment is solely an issue with Party A’s lack of funds and has no relationship to Party B’s obligations under the agreement.

This type of written confirmation will be very powerful during a lawsuit in demonstrating that any issues raised by Party A relating to work performance are likely a sham.

For more Oklahoma business law tips, sign up for the email list below.


Oklahoma Business Law

Q: Is my employer allowed to require me to work past my scheduled hours?
A: Employers have the right to schedule the minimum and maximum number of hours that employees may or may not work. Employers can change employees’ hours without notice and may require employees to work overtime.

Source: Oklahoma Employment Law Oklahoma Department of Labor

Q:  Are wages required to be paid when an employee is on jury duty?

A:  If the employee is a “non-exempt” worker wages do not have to be paid. If the employee is an “exempt” worker the Fair Labor Standards Act (FLSA) at 29 C.F.R. Sec. 541.602 states the employer is to pay wages for the period of time the worker is absent from work due to jury duty. However, the employer can offset any amounts received by the employee as jury fees for a particular week against the salary due for the particular week. Furthermore, an employer having a policy stating that exempt employees who serve on juries for an extended period of time will not be paid for workweeks in which they perform no work is permissible.

Source: Oklahoma Department of Labor

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Image: CNET

Joshua Topolosky writing on The Verge about Microsoft’s Surface “PC”:

There is a gray area that exists for me with the iPad. I love using it to read, to browse the web, to share content, to occasionally create content. But there is a moment when I have to put the iPad down and grab my laptop. I travel with both. I keep both nearby when I’m at home. And I think this is true for a lot of people (it’s certainly true for a lot of people I know in the tech press).

That is almost exactly how I feel about the iPad.

  • Does anyone else feel this way about the iPad?
  • Read the whole article entitled With the Surface, Microsoft just started writing its next chapter

    Q: If my employees are “salaried”, do I need to pay them overtime?

    A: The short answer is Yes, even salaried employees are entitled to overtime pay. Overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (except for certain statutory exclusions). A salaried employee who is not “exempt” from the overtime requirement must be paid overtime.

    Dropbox is a wonderful service for sharing and syncing documents. If you have not heard of it or used, check out my post about it here. For precisely the same reason that it works so well, it is also fraught with danger when sharing folders.

    Bob Ambrogi, lawyer-blogger, points out the perils of accidentally putting a file in the wrong Dropbox shared folder in his excellent article Shared a Dropbox folder? Don’t forget! Ambrogi explains the problem:

    Surprisingly, I have seen this happen several times. I share a Dropbox folder with another person as we work on a joint project. Six months or a year later, that someone starts loading documents into the shared folder that clearly are not intended for me. Has the person forgotten that the folder is shared? Has the person forgotten with whom the folder is shared?

    It seems similar to sending an email to the wrong person. Pondering this issue, I have a couple of tips that help prevent accidental sharing in Dropbox:

    1. Colored Folders. I color the folder names of share folders with a bold, vivid color so they stand out. I use a Mac, but I assume you can do this with a PC also; and

    2. Folder Layers. If possible, I create one “shared” folder within Dropbox for shared documents and folders. This provides an extra level of protection to prevent accidental sharing. To get to the “shared” folders you have to at least click through one folder layer and maybe more. This creates the opportunity to realize you are heading to the wrong place.

    Do you have any tips for combatting accidental sharing in Dropbox?

    Q:  My employer sent me home early. Am I entitled to be paid for the time I was scheduled to work?

    A:  Probably not as employers are only required to pay non-exempt employees for actual times worked. However, exempt employees must typically be paid their full salary irrespective of the time actually worked. For more information about exempt employees contact your nearest U.S. Department of Labor office.

    Source: Oklahoma Department of Labor