November 8, 2014 • By Dennis Beaver

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Earlier this year, while out running errands for my 83-year-old parents, “Sandy and Robert,” with whom I live, a solar salesman from Utah-based Mint Solar suddenly showed up at their home, and in no time, they signed a contract for a $20,000 lease financed with a 20-year loan. I only learned of this days later — after the three-day cooling period for in home sales had elapsed and then the system was installed but never hooked up to the Pacific Gas and Electric’s grid. Not only that, but we received a notice of Preliminary Lien from the installer who had not been paid. We’ve tried calling Mint, but get voice mail and no one returns a call. Can you help? Thanks, Terry.”

No research on Mint ever done 

Had the elderly couple taken just 60 seconds and Googled Mint Solar, they would have seen these comments: “Misappropriation of funds. Misleading and unqualified company. Lie after lie after lie. They don’t pay their employees! Lack of basic human decency.”

We learned that Mint is a real class act, ripping off the couple’s own salesman $30,000 in unpaid commissions. “I finally had to admit to myself having been duped by management, and there are salespeople and customers across the country in the same situation,” he told us. We confirmed his statement independently.

Our readers are visibly impaired, admitting to having significant memory and reasoning problems which should have been obvious, “But we believed the salesman,” Robert stated. Solar salespeople are famous for having their sense of honesty, ethics and morality surgically removed before being unleashed on America’s elderly.

It’s 3 p.m. What are your parents or grandparents up to?

If you do not protect them from themselves, who will before it’s too late? And, just what can you do? Stay with us, as Southfield Michigan-based Certified Financial Planner Sandra D. Adams – who also holds a Masters in gerontology – sets out a strategy for children and grandchildren to help steer their aging family members out of harm’s way.

Isolation leads to being scammed

“When adult children or grandchildren, like your reader, discover what happened, they will often yell, “Why did you do this? Why did you let the person in?” The answer is often found in one word: Isolation. Even when family are all in the same city, our nation’s aging population is more isolated than at any other time in our history,” Adams observes, adding:

“The need to talk with someone, to have human contact with a person who appears to care about their welfare, all of this leads to being scammed. But research shows when family maintain frequent and close contact, they will be phoned before that contract is signed.”

Make mom and dad aware of what’s out there

Will readers who like to be accused of being gullible or stupid, please raise your hands. Hmm, no one?

“The same applies in helping your aging relatives to see what dangers are out there. One way to do this by referring to a newspaper article, or what you ‘heard’ happened to a friend’s father, in an informative tone of voice. Remember, you want them to buy into the idea of running these kinds of decisions by family first. Without saying it directly, you are encouraging them to make sure their antennas are up, aware of potential traps.”

“In fact, you can encourage asking for your recommendations by asking their advice, such as, ‘Gramps,’ I am considering about doing this. What do you think?”

“By expressing respect for his opinion, showing that you are vulnerable and open to asking for his advice, he will be more comfortable in bouncing decisions off of you when it is his turn.”

Current scams target new Medicare cards 

New Medicare cards are being issued without using Social Security numbers, reducing the chance of identity theft.

“Con artists are contacting the elderly and falsely insist on obtaining proper identification before the new card is sent out. The fear of not getting the new card leads to revealing all sorts of personal information. As this is pure gold, the crook opens a bank account in the elderly person’s name, establishes direct deposit with Social Security and steals their money.”

There is a time for ‘The Conversation’

Working with the elderly as a financial planner, Adams sees the results of parents and grandparents who seek to maintain control by refusing to keep their responsible children aware of what they own and where it is.

“The key is to ask for their help so that you will be there to help them, and keep in close contact. Prevention is the operative word,” she concludes.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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December 29, 2025  • By Dennis Beaver

There is an age when self-doubt — questioning our decisions, seeking approval of family and trusted friends for our choices — can prevent us from becoming victims of financial abuse, consumer fraud or even ourselves.

Like three-quarters of Americans over the age of 50, “Walter” and “Patty,” both in their late 70s, decided to “age in place” — remaining in the home they had lived in for many years, where they’ve formed friendships, have good neighbors and access to health care resources and much more.

Patty deals with severe mobility and dexterity challenges that require their primary bathroom to be remodeled. Watching a local television commercial for a company I will call Nightmare Bathroom Remodeling set the stage for the kind of financial elder abuse and consumer fraud we often see on the news.

If, before ever contacting Nightmare, they had read the negative Yelp reviews — which far outnumber the positive ones — I doubt you would be reading this story.

There were giant red flags

Walter described the first red flag they saw, though they didn’t grasp its significance at the time:

“We visited their showroom on July 22, 2025, to discuss bathroom renovations and met with the owner, ‘Bill,’ who gave us a rough estimate of $90,000. We gave him a retainer fee of $3,000. No contract was signed.”

In California, a home improvement contractor can charge only 10% of the contract price to a maximum of $1,000 as a down payment. Contracts over $500 must be in writing and signed before any money is accepted from the customer.

Violations can result in criminal charges and disciplinary action by the Contractors State License Board in California.

Other states have specific limits on the maximum down payment a contractor can charge. Some set a percentage, while a combination of a percentage and a dollar amount is used in others. To find information for your state, you can check out this website provided by Angi.

That $3,000 down payment clearly violated the law in California. It is Nightmare’s MO. But wait, it gets worse.

Additional huge deposit paid, though no work done or materials delivered

On September 12, 2025, the couple met with customer service rep “Ima” (as in I’m a Thief) and signed a $120,000 contract.

Three weeks later, Nightmare illegally had them pay an additional $90,000. No work on the job had been started, no materials had been delivered, and nothing justified this payment.

Additionally, Nightmare failed, in virtually all respects, to comply with the terms and specifications that must be in a home improvement contract.

And then a shocking call from their bank

Near the end of October 2025, Walter was informed by their bank that multiple charges had been made from their checking account, and Ima had set up an autopay arrangement for health insurance and dental insurance premiums. She had forged Walter’s signature on counterfeit checks.

“I called Ima about it,” Walter said. “She first claimed to have no idea what I was talking about, then she emailed to tell me not to contact her boss — because she needed the job, as she was a single mother with a son.”

The bank replaced the money Ima had stolen from their account.

Angry and disappointed, Walter reached out to friend and neighbor Mark Novak, professor of sociology at California State University, Bakersfield. Novak referred him to me. (Readers might remember meeting Novak in my 2019 Kiplinger article Needing to Hire? Think Wrinkles.)

Walter asked Novak if he should inform Ima’s employer, and Novak felt that he should — to at least protect other customers. Walter did and then was surprised to learn that Ima remained employed at Nightmare.

I tried to reach Nightmare’s owner, but he refused to take my call.

The couple needed to cut ties with this crooked company, but what came next made me worry about their reasoning and decision-making abilities.

Self-doubt can be your greatest friend

Walter emailed me right before Thanksgiving: “Thanks for your advice, but we are continuing to work with Nightmare.”

I replied, “Folks, the fact that an employee forged your signature on counterfeit checks should have scared the pants off of you, and had I been notified at the time, I would have personally helped you file a criminal complaint with the police. I urge that you immediately demand a refund of what they illegally charged you. …

“I have learned over the years that if we have close, responsible family members and friends, major financial/life decisions we make when we get older should be discussed with them. We should get their opinions and ask them to review contracts or anything that puts our money or well-being at risk. And, most of all, we should never feel embarrassed.

“Your decision to remain with this company deeply worries me. This is the time for self-doubt! Am I missing something? Maybe. Let’s discuss this with our kids, accountant or family lawyer — someone whose advice we trust — before we do something that could wind up hurting us.

“Please show this email to your most responsible children. Have them call me to get a referral to an elder law attorney. Yes, you need to do that. And when you are near my office, please drop in. I’d love to meet you both in person.”

My next column will cover why a consultation with an elder law attorney can be the best investment children of aging parents can make.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post As We Age, Embracing Our Own Self-Doubt Can Be a Gift: A Cautionary Tale About Elder Financial Abuse appeared first on Dennis Beaver.

“I can’t tell you where I live or which television station I am currently employed at, because if I do it will probably result in my termination. After majoring in Radio and TV Communications, I got a job at a small TV station, in a town generally seen as a place to get some experience. This was after sending out numerous resumes,” Brad wrote.

“As an on-the-air newscaster, I am not that great and know it, but this first TV station seemed happy with me. I was not getting any training, however, and then another station invited me for an interview, resulting in a job offer. They promised to work with me to improve my on air delivery. So I took the job and have been there two months, but with no training at all.

“In fact, it seems as if most people in the newsroom enjoy seeing me make a mistake. It is a strange atmosphere, not all that friendly, and nothing like what viewers think it is. My work colleagues are, for the most part, a bunch of self-centered, ego-maniacs, and school never really helped us deal with this reality. Since they aren’t offering me any coaching, and I am paid less than at the first TV station, I have been told that I could in fact sue for misrepresentation. Do you think this is a good idea?”

Should Brad sue for breach of an employment contract?

I asked Brad to send me any letters or employment contracts which the second TV station gave him. Assuming the facts which he provided are accurate, on the surface it certainly appears his present employer (1) Lured him away from a good job, with the (2) Promise of not just employment, but training, but; (3) Have failed or refused to keep their word. Prove all of the above, and you’ve got the basis for a lawsuit.

The only problem is, whoever wrote the employment agreement skillfully gave the TV station an automatic “out.” For example, the following language appears in large type:

“No oral statements made prior to the signing of this agreement will be recognized as the basis of the contract, and said contract is At Will. Employee accepts these terms with understanding that anything stated orally is not binding on employer.”

That could prove to be a real hurdle to overcome, should Brad seriously consider filing suit. But in reality, he has been treated very much the same way as most TV and radio talent. Over the years, this column has received similar letters from several on-air personalities, disillusioned with the business.

Brad needs to get real

“Welcome to the world of TV news,” I was told by media teachers at a Cal State University in Southern California, who asked that I not reveal their names. “Brad’s comments about the newsroom as being populated by a bunch of odd-balls is fairly accurate in a lot of TV stations. It takes years to get over the feeling that you are important and that what you say matters. Arrogance and basic dishonesty is hard-wired in to radio and TV, leading to the sense that there may never be a tomorrow, as there’s just no such thing as job security,” one instructor told me.

“On Friday management loves you, but on Monday, you’re fired, usually without any warning. In this respect, it is a highly dishonest business,” another added. “Why do you think many of us are teaching and not on the air?” she asked.

“TV news is a popularity contest, and once that on-the-air personality is less popular, the station fears losing viewers, regardless of how good a journalist they are. This occupational insecurity has powerful psychological effects on those people who we watch nightly. Work environments are often dysfunctional, stations frequently being managed by cold, heartless people,” she stressed.

“The way they treated your reader is fairly common. Few stations in smaller markets have the resources to do any kind of training, beyond limited writing help provided by newsroom staff. That explains why small town TV news tends to be mediocre, as these are low-paying, first jobs in most cases,” I was also told.

File suit and never work again?

Brad’s basic question – should he sue the TV station – requires asking another. Does he want to work in media? That, in my legal opinion, must be the basis of his decision.

Universities are graduating more media majors today than ever before. Talent is all over the place, with no shortage of folks happy to take Brad’s place. Employers routinely do background checks to see if a potential hire has had an employment suit in the past. Even if successful, would another employer willingly take on someone who could be seen as biting the hand that feeds him?

This advice does not only apply to the Brads of the world, but anyone who considers bringing a lawsuit against a present or former employer. This may sound like a cop-out, allowing truly lousy employers to get away with badly treating employees, but such suits must be based on more that what I saw in Brad’s case.

“Be thankful that you have a job and become your own coach,” I told him.

Before law practice consumed my time, I worked on-air in both radio and TV for over 15 years, as a legal affairs reporter. Early on it was clear the only person who could help me improve, was myself. Those jobs were the most fun I ever had as a lawyer, and even today, I miss those lights, camera and action.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Before you change jobs appeared first on Dennis Beaver.

Part 2:

“Licensed and bonded.” That’s what state law requires of contractors, as we discussed last week.

But in the world of things that are not as they seem, contractor bonds and many of the companies which sell them deserve an Academy Award in the category “it’s not what you think it is.”

It’s reasonable to think, “If my contractor does a lousy job, explain the problem to his bonding company, and they will pay to have the job completed.”

“But it never works that way. The flaming hoops to jump through just to establish a claim, makes you qualified to work for the Barnum and Bailey’s Circus,” I was told by an attorney who works at a law firm representing bonding companies. (For obvious reasons, I have not revealed his name.)

If these companies don’t have something to hide, then why did the president of one of the country’s largest refuse to discuss why so many consumers feel that it’s impossible to ever collect on claims?

His name isn’t important, nor is the name of his company, for most have an odd relationship with the Contractors State License Board, and our deeply caring state Legislature.

Why do I say that? By law, the bond amount is only $12,500, not per job, but for all of the contractor’s jobs, making it virtually worthless if he’s messed up for several customers.

If you go to small claims court you can only sue the bonding company for $6,500, when the limit for other suits, is $7,500. Anyone want to guess who got a campaign donation for that gift to bonding companies? In fact, for years, their limit was an amazing $4,000!

The need to protect yourself

“If doctors or lawyers dealt with their patients and clients in the incompetent and dishonest way so many contractors treat their customers, society would be back to voodoo dolls, medicine men and dispute resolution through a shotgun,” stated Bakersfield Attorney Fawn Dessy, who specializes in construction law.

“You have to protect yourself, from not only crooked contractors, but [from] those who promise more than they can deliver in the time agreed on, or whose sense of quality came out of ‘Alice in Wonderland,'” she cautions.

Information on the contractor is critical

Southern California construction law attorney Kirk MacDonald said that information is critical. “Regardless of the size of the job — from the smallest to the largest — do your homework and learn as much as you can about the contractor.”

The following is a “must do” list which both attorneys provided:

—Get references — at least three — from customers who had similar jobs to yours. Call and, if possible, inspect the work. If he cannot produce such a list, or the customers do not want to talk with you, this is not a good sign.

—Does he have not just a license, but a license for this type of job? You can phone the Contractors State License Board to find out about complaints, and to determine if this person and his sub-contractors are adequately licensed.

—Do a Google or data-base search for lawsuits and complaints. Some county Web sites allow access to their Plaintiff/Defendant Index, showing who has been sued. If not available online, you can research this easily at the courthouse, and the time spent could be well worth it. Additionally, the Better Business Bureau might have complaints that were unresolved and that should appear on their Web site or by phoning them.

—Ask for proof of both workers compensation and a general liability commercial insurance policy. This would cover damage caused to your property or to third parties nearby.

—For the contractor and subcontractors who will be working on the job, you must have personal information on them, including: driver’s license, home and business address, all telephone numbers, Social Security number (if you can get it.) This could prove critical, later, for a variety of reasons, but especially if things go wrong. If they refuse, take the hint.

Large job? Consult an attorney

“It’s not always practical to have a lawyer review a contract for a small job. A $5,000 bathroom remodel does not justify paying $1,000 for that review. However, if it’s over $25,000 then it becomes something you really should consider,” attorney MacDonald said.

“But if problems arise with the $5,000 job, and you didn’t see a lawyer beforehand, you will kick yourself. The cost of hiring a lawyer after things have gone wrong will be dramatically higher than what you would have spent for that consultation and related legal services beforehand,” he concluded.

Next week: Warning signs that trouble is brewing and what to do.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Smaller media markets across America are where newly minted TV journalists get their start. Often earning $10 an hour, working multiple jobs and long hours at the station, their lives aren’t glamorous.

If you live in an area with a population less than 400,000, chances are good that you’ve seen a few excellent local television newscasters — who later went on to the networks — but you also are occasionally treated to “on-air talent” so bad that you reached for the remote to change channels, asking yourself, “How did that person ever get hired? Who in his right mind would put her in front of a camera?”

While this can be mildly amusing to viewers, for advertisers it isn’t the least bit funny.

It certainly wasn’t for Jesse when his home phone began to ring non-stop during one 6 p.m. newscast in early December. Jesse lives in Northern California.

“I was getting phone calls from employees and customers of my mattress company, all telling me to turn on the news, warning that I was going to be upset, and to try and not overreact. So I switched on the TV, and could not believe what I saw and heard. It didn’t take long before I was actually yelling at the television!” he told You and the Law.

“They had two new people on the news set, an anchor who couldn’t read even one news story without tripping over her words, and a weathercaster who sounded and acted like a boy going through puberty! His voice cracked! He was a wimp — more than a wimp, he was super wimp — not an ounce of confidence, seemingly terrified of the camera. If someone came up to him and said “boo!” he would have fainted!

“I have seen newscasters who committed flub after flub, which was not only funny but generated sympathy from viewers, but this was different. It wasn’t funny in a “ha ha” sense. It was plain irritating to the point that even I wanted to change channels. But I had to watch the entire broadcast, as this guy also did sports, and our commercials aired throughout the newscast.”

My first time advertising on TV — I want out!

“I was just sick, seeing my advertising dollars fly right out the window, as it was obvious viewers would be changing channels. This was the first time for us to advertise on TV and there were four months left to run on a very expensive ad package. Before that newscast, they had very competent people on the air, and then these two come along! I was pulling out my hair. We had to get out of that contract.”

Jesse immediately contacted his sales rep, but instead of helping, they told him, “The station has a right to select the talent it wants to put on the air, and we will hold you to the terms of the contract, which is non-cancelable.”

“This can’t be right,” Jesse said. “I don’t expect the TV station to fire the newscasters, but it isn’t fair to pay for our company being associated with these embarrassing newscasters. What can someone in my situation do?”

Jesse then scanned and emailed us the contract which he either did not understand or had not carefully read, as would soon become clear.

Industry standard: Two weeks notice to cancel

We ran Jesse’s situation by sales managers at television stations in both Los Angeles and San Diego, forwarding Jesse’s contract — with his permission — and received virtually identical comments and recommendations. In summary, we were told:

“Yes, your reader should be able to easily cancel his contract, regardless of what the sales rep has told him. Advertising on radio or TV is influenced by factors which can change overnight, from a station’s ratings, to their losing a popular talk show program, sports team or new people delivering the evening news.

“For that reason, it is an industry standard in radio and television advertising, and generally appears in contracts, for advertisers — with some limitations — to provide two weeks notice of their intention to cancel and no reason need be stated. It is important for anyone thinking of advertising on TV or radio to have such a term in their contract — to add it if necessary — just to be sure you have that protection.”

When all else fails, read the contract

Both advertising managers felt that Jesse needed to bypass the sales rep and speak directly with management at the TV station. “There is so much that can be done and you never want to lose a customer, so if the rep seems unreasonable, simply go higher up,” was their advice.

And Jesse’s contract? Hidden in one page-long paragraph captioned, “Billing and Payments” was this sentence:

“Contracts are subject to cancellation upon two weeks prior notice.”

We gently pointed that out to our reader.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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BizCounsel Promises Affordable Access to Legal Services for Business

“I just read your article, ‘Golden Rules for Going into Business for Yourself.’ You must have been a fly on the wall in our house when I had the identical discussion with my wife that you describe in the article. I was sure there was no need to have a lawyer, because I could form my new company using LegalZoom or Nolo, and that’s what I did,” Cory wrote.

“I should have had an attorney lined up in the event of a problem, which was the point of your article, but the cost to people like us–entrepreneurs on a shoestring–can be prohibitively high.

“Is there a way to have access to a lawyer now without spending a fortune? I am having trouble getting my bills paid and really need help.”

A Unique Startup–BizCounsel–Might Be the Answer

Cory’s email came in right after I had just gotten off the phone with Los Angeles-based Brian Liu who, in 2001, was one of the founders of LegalZoom along with well-known criminal defense attorney Robert Shapiro.

He recognized that new, small business owners will often need legal assistance. “But as they generally do not have the funds to retain a law firm, the idea for BizCounsel just jumped right out at us,” Liu explained. “We launched in October of 2018, to help these people to reach a lawyer quickly and at a very reasonable cost.”

While it is easy to set up a business without a lawyer, but when things go downhill, as they have for Cory who is being taken to the cleaners by some of his customers, there have historically been three options:

–Use a collection agency and, if they collect, get pennies on the dollar; or

–Go to small claims court, get a judgment and hope to collect; or

–Accept the loss.

“At LegalZoom, we learned that over 80% of people in business from two to five years have never worked with an attorney, and when they are asked why, four reasons are given.”

They include:

(1) The cost of hiring an attorney;

(2) Feeling intimidated by lawyers;

(3) Being reluctant to see a lawyer; and;

(4) The difficulty of finding a lawyer you can trust.

“Hearing these same comments from users for years led to one conclusion: The way law is practiced creates an inability for those who need a lawyer most–the small business owner – to easily get affordable access to legal services.”

In my own law practice, so often a potential client comes into the office who desperately needed to speak with an attorney months earlier, but did not, and now what was a minor, easily remedied problem had become a giant headache. When asked, “Why didn’t you call a lawyer when this mess first developed?” time and time again, the answer is, “I was afraid of a large bill in the next day’s mail, just for talking on the phone.”

“BizCounsel is the solution to that problem, allowing the business owner to make that call and most likely prevent a small problem from becoming a huge legal headache,” Liu points out.

“The little guy in business will need agreements, to have documents reviewed, and someone to call providing ongoing advice. In a very real way, having access to a lawyer–the same lawyer–provides a great sense of security, someone who has your back without their hands in your pocket,” he observes.

How it Works

As he explained, BizCounsel is geared to the business community, aiming to establish a relationship with an attorney who is knowledgeable in small business legal matters.

But, as I learned, this isn’t “Call an 800 number and hope to get the same lawyer you spoke with last time,” as some other pre-paid legal services offer.

“We connect business owners with experienced attorneys who are looking to develop their own law practice. Our subscription includes unlimited on-call attorney advice and counsel, but more importantly, we’re looking to change the way lawyers and small business owners interact.

“At $65.00 a month, small business owners are guaranteed quick access to legal advice. Through our platform, the entrepreneur is able to schedule appointments with their attorney for their continuing legal needs. And because of that on-going relationship, the attorney has the ability to be proactive and anticipate issues before they become bigger problems, instead of just being reactive.

“Use phone, text, or e-mail for any legal assistance needed. We expect a satisfied member to take the relationship to the next level, and to deal exclusively with that lawyer, for additional legal work at a significant discount.”

BizCounsel’s website (www.BizCounsel.com) is well worth the time of any small business owner who does not yet have a company lawyer.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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It is impossible to turn on TV, open the phone book to the attorneys section or surf the Web and not find ads for personal injury lawyers, which generally all sound pretty much the same and stress, “No recovery, no fee.”

Sounds like a great way of hiring a lawyer, doesn’t it? The ads want you to think, “The lawyer who takes my case puts in all the time and gets paid only if we get paid. For me, it’s a no-brainer, a free ride, I can’t lose. Sure, I’ll sign!”

So you phone the “800” number flashed on your screen and wind up hiring the “No recovery, no fee” lawyer, who then loses your case after years of litigation. Are you on the hook for anything?

Well, you could easily get a letter from the attorney which reads, “I am sorry that we lost your case. Now we need to talk about how you are going to pay us for …”

“Pay us? What part of the no-fee stuff means that I have to pay anything at all?” you might be thinking. And, in fact, one of the most frequent complaints to state bar associations from unhappy clients deals precisely with the meaning of the words “no fee” and the resulting confusion. So, what does “no fee” really mean?

No fee does not mean free

Ron Jones specializes in business and real estate law in Hanford and sees the public confusion as a result of two factors.

“When most people think of hiring a lawyer — let’s say, in a divorce or contract dispute — they usually are concerned with the amount that lawyer will bill for time spent on the case. If it is a personal injury matter, fees are often on a percentage basis — for example, one-fourth to sometimes half of the amounts recovered, plus costs.

“There is generally more to most cases than just the lawyer’s time,” Jones points out. “The written retainer agreement lawyer and client sign must set out clearly what out-of-pocket expenses incurred the client will be expected to pay. There is a difference between attorney fees — what a lawyer charges for time, document preparation and advice — and costs, which are other expenses incurred for the client’s benefit.”

Some example of costs

Costs can include any and all of the following, and again, we are not talking attorney time, rather, the out-of-pocket expenses which clients can be responsible for:

• Postage and shipping costs

• Photocopy and binding expense

• Travel expense, including mileage, train and airplane

• Lodging and meal expense

• Deposition and court reporter charges

• Video conferencing/long-distance telephone charges

• Expert witness fees, such as forensic accountants in divorce cases

• Private investigators

• Computerized research if the law firm is charged by the provider

• Possibly secretarial and paralegal time

• Court filing fees.

“Who pays what, under what circumstances and when, should be clearly set out in writing,” Jones observes. He describes three basic types of retainer agreements:

1) The client pays attorney fees and all related costs and expenses, such as hiring a private investigator, an accident reconstruction expert, accountant, etc.

2) The law firm covers everything and the client reimburses the law firm out of the recovery, only if there is one.

3) The client pays no attorney fees unless the case is successful, but does pay the out-of-pocket costs.

“Fee agreements where the lawyer covers all expenses related to the case are typical in personal injury cases where it is likely there is going to be a recovery. You will not normally find this in cases which have a limited chance of success or which have a low dollar value,” he notes.

“It is important for the public to understand that law is a business with a bottom line. Reasonable lawyers try to not accept cases which appear as doubtful or which have a minimal chance for success. With most personal injury cases — where the lawyer is paid a contingent fee — an experienced attorney who is good at selecting cases will only take those which will likely provide a desirable result.”

How not to be surprised

“Always read the retainer (fee agreement) very carefully,” Jones stresses. “If you do not understand the fee agreement, but are inclined to hire the lawyer, it is a good idea to take that retainer to another attorney and pay for a consultation in which it can be clearly explained to you. Also, it’s a good idea to set out in writing, that before your lawyer incurs any costs which might exceed, say, $1,000, that your approval is required.”

“Finally,” the Hanford lawyer underscores, “when you do not have a working history with that attorney and fees are expected to exceed $1,000, California law requires a written, signed agreement.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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For anyone considering the purchase of a horse, today’s story will be especially relevant and began with emails from “Kent” and “Miranda.”

Kent wrote:

“A few months ago someone suggested that a great way of dealing with all the tension we are facing is to spend time riding a horse. All of my employees agreed, we’ve been taking lessons, and now want to buy a couple of horses but do not want to be taken for a ride! We would appreciate any advice you can offer.”

Miranda explained, “Our 10 year-old twin daughters have been mad about horses for years, are taking riding lessons and I have asked their trainer to locate horses for each of them.

“How can we avoid getting into trouble with this purchase?”

I ran these interesting requests by Houston-based Equine attorney Rebecca Pennington and asked her to set out some of the classic mistakes people make when looking to buy a horse.

1 – Want Trouble? Fall in Love with a Pretty Face! First, look into its eyes!

Consequences: For someone with no experience, the absolute worst thing they can do is to look into its eyes before you look at the rest of the horse. Do not look into its eyes first, because you might fall in love! Here’s why:

Humans and horses have coexisted for thousands of years developing a profound relationship that played a critical role in shaping our world. So, we love our horses and they love us, too. A buyer must examine every other aspect of the horse before looking him in the face! Check his conformation, movement, and temperament. Look inside the stall to see evidence of destructive behavior.

When families with young children go out to buy a horse, the first “pretty face” they see will be followed by, “Mommy, Daddy, we love him! Buy him!”

2 – Unless you are an experienced horse person, do not go out and buy the horse yourself. Just go it alone and do not spend the time or money in consulting an experienced horseman before buying. Trust your neighbor who is willing to sell you one of his.

Consequences: You could buy a hose unsuitable for your needs or with health or temperament issues. You are also likely to pay way more than you have to.

3 – Buy a horse without a written contract.

Consequences: You can verbally be told anything about the horse. Sellers can guarantee that if you are not happy with the horse they will refund the purchase price but that is unlikely without a written contract stating that guarantee.

Without a written contract, the seller or broker can easily lie to you. No matter what kind of verbal promises they make, if it is not in writing it will be very difficult to prove in court. And if you signed the seller’s bill of sale, it will likely have words that say “I have made no representations of any kind … and you have had the opportunity to do a pre-purchase exam.” That is basically an as is sale that negates the previous promises they made in most states.

3 – Allow an agent to do the bargaining and to handle the purchase.

Consequences: Miranda’s situation is typical. Daughter is taking riding lessons, and mom asks the trainer to locate a horse and says, “I will pay as much as $10,000.”

The trainer finds one for $5,000. But mom is told the price is $10,000. Trainer gives seller $5,000 and pockets the difference. And he may even collect a commission on the sale as well! This type of rip off happens frequently!

Deal directly with the seller and write the check yourself.

4 – Buy the horse without doing a pre-purchase veterinary exam.

Consequences: You could buy a horse that has health or lameness issues. No matter how wonderful and healthy a horse appears when you go to see it, have your veterinarian look for hidden problems. Treat it like buying a used car where you have a mechanic check it out first. This is not the time to rush or engage in false economy. The cost for such an exam ranges from $200 to $1,000, depending upon the area of the country you are in.

5 – Buy a horse sight unseen after seeing photos and videos. Fail to accept the fact that this can be a dirty business!

Consequences: You rely on what the seller has shown you – photos, ads, perhaps a video of the horse – but what you wind up with is not the same horse you saw! The photos and video may be old or the horse may have been drugged up in the video! When you actually get the horse, you see the real condition.

Impulse buying when it comes to a horse can have potentially lasting, bad consequences. There is a reason the term “horse trader” has such a negative connotation. It can be a dirty business and requires the assistance of someone with a great deal of experience.

Concluding our interview, Rebecca said, “The person who coined the expression, ‘As healthy as a horse’ must have had a sick sense of humor. Horses are far more fragile than most people realize. Buyers must use caution!”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Last week we looked at home and business alarm systems and little known laws that come into play when law enforcement respond to a false alarm. As I mentioned, False Alarm Ordinances require the registration of alarm systems, and impose a steadily increasing charge for every false alarm turned in. The article was in response to an e-mail from Ron and Sharon, Northern California readers, who received a bill from their local police department for over $2,000 in false alarm penalties. Here is what Ron told me:

Over two months dozens of false alarms from our office were being sent in, and of course the police responded, but we never knew this was happening. We were completely unaware because the responding officers did not leave a notice and, to make matters worse, our alarm monitoring company phoned the office back line — at two in the morning — not the home or cell numbers we provided. Do we have to pay this bill? We canceled the monitoring service, but the company says they are holding us to the remainder of their three-year contract! What is your take on this situation?

Police Department’s View — Tough!

Most cities with a False Alarm Ordinance do not charge for the first response to a false alarm if the alarm owner has a permit. While it varies somewhat, without a permit, a penalty will be charged and you are required to register, but even then there is no separate fee for that first false alarm. Some cities even allow three or four false alarms before they charge a fee. Also, most police departments leave a courtesy notice which indicates the date and time of the response, as a way to help prevent future false alarms. Most, but not the town where my readers live for some reason that I cannot understand.

I spoke with the civilian employee who heads the “Alarm” section at this police department, and have to tell you that common sense did not appear to be part of her job description. Her fractured use of the English language was a stunning example of competence taking a back seat to politically correct hiring practices. Somehow she seemed unaware that her job was more than merely processing alarm applications or sending out bills for false alarms and answering questions from the public — she was a public relations nightmare. Our conversation went like this:

“My readers were completely unaware of the alarm going off, as the monitoring company phoned, not their home, but the back office at 2 in the morning. I confirmed that with the alarm company — they had gotten the numbers mixed up. But the real problem is that your officers never left any kind of a notice — and there were more than 20 responses all at the same time in the morning. Is there some reason not to leave a notice?

“We used to do that but don’t no more. It’s our new policy. They gonna pay the $2,000 for all those false alarms,” she arrogantly said. “But, if a courtesy notice were left on the property the first time, we would not be talking now, so surely some kind of an adjustment can be made. Policies are important, but not leaving a notice sure seems guaranteed to generate income for the police department, not building good will and does nothing to prevent future false alarms if the citizen is unaware of the problem. I know this isn’t your fault, but a policy is no replacement for common sense — If you are unable to reduce the bill, then who could I talk with on behalf of my readers?” I asked, politely.

“Nobody! And that just ain’t my job, and we gonna sue them if they don’t pay up,” Miss Charm, 2006 replied and then hung up.

Liability of the Alarm/Monitoring Company

Should the city sue, my readers need to involve the monitoring service for failure to inform them of the false alarms and possibly the company that sold and installed their system. But this raises a host of other, complicated issues all connected with the contracts they probably signed. I ran these facts by the owner of one of the largest privately owned security companies in the San Joaquin Valley, and on condition of not revealing his name or the name of his company, he confirmed a lot of what I suspected to be the case.

“Most alarm monitoring contracts are very one-sided, run for years, and practically speaking, require you to make the monthly monitoring payments, but if there is a problem, they don’t know you. The typical contract frees them from any kind of liability in the event of a failure, or if the system sends in false alarms. But it does not end there, as they also try to lock you in for years. Listen, no matter what the salesman tells you, you do not have to agree to a long-term contract, and if you are told that, show the guy your door!”

“By far the biggest trap is the typical 3- to 5-year contract. A frequent pitch is, you can keep the equipment, it’s free — but that comes at a steep price, a long contract term. It is a come-on. Nothing is free, as the cost of that equipment (not really all that expensive anyway) is built into the contract term, and that is where we make our money.”

“If the sales, installation or monitoring company has been negligent and you are hit with false alarm bills, don’t let these companies scare you if you tell them that you are going to cancel. See an attorney, explore legal defenses available and send them that bill for your false alarms, unless it is because of your own fault.” he urges.

Legal Defenses

One possible defense to any long term contract — typically billed on a monthly basis — is to argue that it isn’t a three-year contract, but in reality a monthly contract for a set number of years. Lawyers talk about these being Severable, or Divisible contracts. Merely because they state, “This is a three-year, non-cancelable contract,” does not make it so. It might only be a month-to-month, renewable contract over a 3-year term at a certain amount — but you will need expert legal advice and should see an attorney at once if faced with this problem, as usually a great deal of money is involved.

Finally, this is one area of the law where it can be money in the bank by paying for a consultation fee and review of the contract before you sign it, and if in trouble, don’t delay — get your lawyer involved at once.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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