Andrew M. Ayers, P.C.

I founded Andrew M. Ayers, P.C. to offer clear, customized legal guidance for families and small business owners who want to protect their legacy without navigating confusing court systems or legal jargon.

My practice focuses on:

* Estate Planning – Wills, trusts, healthcare directives, and probate guidance
* Business Law – Formation, contracts, compliance, and dispute resolution

From launching startups to preparing estate plans for growing families, I help clients make smart legal decisions with confidence and peace of mind.

About the Firm:
Founded in Brooklyn in 2011, my firm now operates in both Minnesota and New York, with services offered nationwide. Clients can meet virtually or in person at my Edina or Manhattan offices.

Founder | Estate Planning & Business Law Attorney

Solo Practitioner

Senior Associate Attorney

Law Office of Joseph Martin Carasso

Law Clerk

Slavin & Slavin

Small Business Law & Estate Planning Attorney ~ I Help People and Businesses Protect their Legacies through Planning

I help families and small business owners protect their legacy and avoid costly legal pitfalls with clear, customized estate planning and business law solutions.

Many of my clients feel overwhelmed at the thought of “getting their affairs in order.” The legal jargon, the complexity, the time commitment; it all feels intimidating. I get it. That’s why I focus on making legal planning simple, efficient, and tailored to your real needs, not a stack of unnecessary documents you don’t understand.

Whether you're looking to create your first will, update your estate plan, or ensure your business is legally secure, I work with you at your pace to develop a plan that works for your life, not the law firm's billable hours.

One client put it this way:

“Andrew is a fantastic attorney. He was empathetic, deliberate, and professional—always quick to respond and extremely knowledgeable. He helped us navigate a stressful situation with clarity and confidence.”

I founded my firm to bring a more personal, transparent approach to legal services. No pressure. No sales pitch. Just smart, practical advice that protects what matters most to you—your family, your business, and your future.

Ready to take the next step? Schedule a Legal Strategy Session or download free planning tools at www.AndrewMAyers.com.

Andrew Ayers

I Reviewed 23 Estate Plans Last Year. Here's the $50 Fix That Would've Saved 19 of Them

Beneficiary designation forms. That's it. The free checkbox at your bank that overrides your $5,000 will.

Twenty-three families discovered their loved one's perfect estate plan meant nothing. The 401(k) still went to the ex-spouse from 2009. The life insurance paid out to the deceased mother. The IRA defaulted to "estate" and triggered a tax nightmare.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘺𝘰𝘶𝘳 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺 𝘱𝘳𝘰𝘣𝘢𝘣𝘭𝘺 𝘵𝘰𝘭𝘥 𝘺𝘰𝘶 𝘵𝘰 𝘶𝘱𝘥𝘢𝘵𝘦 𝘵𝘩𝘦𝘮. 𝘉𝘶𝘵 𝘥𝘪𝘥 𝘺𝘰𝘶 𝘢𝘤𝘵𝘶𝘢𝘭𝘭𝘺 𝘥𝘰 𝘪𝘵?)

𝗧𝗵𝗲 𝗕𝗲𝗻𝗲𝗳𝗶𝗰𝗶𝗮𝗿𝘆 𝗗𝗲𝘀𝗶𝗴𝗻𝗮𝘁𝗶𝗼𝗻 𝗛𝗶𝗲𝗿𝗮𝗿𝗰𝗵𝘆 (𝗪𝗵𝗮𝘁 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗖𝗼𝗻𝘁𝗿𝗼𝗹𝘀 𝗬𝗼𝘂𝗿 𝗠𝗼𝗻𝗲𝘆):

1. The Form Always Wins
Your will says "everything to my spouse"? Irrelevant. The beneficiary form controls. Period.

2. No Form = Probate Nightmare
Blank beneficiary line? Welcome to 18 months of court proceedings. Plus estate taxes in some states. Plus family fights.

3. "Estate" = Tax Disaster
Naming your estate as beneficiary? You just turned tax-deferred into immediately taxable. Congratulations.

4. Minors Can't Inherit Directly
Named your 8-year-old? The court appoints a guardian. Maybe your ex. Maybe someone worse.

5. Contingent Beneficiaries Matter
Primary beneficiary dies first? Without a backup, you're likely headed to probate.

The accounts that bypass your will entirely:
• 401(k)s and 403(b)s
• IRAs (Traditional and Roth)
• Life insurance policies
• Annuities
• Pension plans
• Bank accounts with POD/TOD
• Investment accounts with TOD

That's probably 80% of your wealth. Controlled by forms you filled out years ago. Or never filled out at all.

𝗧𝗵𝗲 𝗛𝗼𝘂𝗿 𝗟𝗼𝗻𝗴 𝗕𝗲𝗻𝗲𝗳𝗶𝗰𝗶𝗮𝗿𝘆 𝗙𝗶𝘅:

1. List Every Account (15 minutes)
Retirement. Insurance. Bank. Investment. If it has your name on it, list it.

2. Call for Current Beneficiaries (30 minutes)
Don't guess. Don't assume. Call and confirm. Get it in writing.

3. Update Everything Today (5 minutes per account)
Online for most accounts. One form for others. Do it now, not "soon."

4. Add Contingent Beneficiaries
Primary and backup. Always. No exceptions.

5. Review Annually
Set a calendar reminder. Same day each year.

The most expensive estate planning mistake isn't hiring the wrong lawyer.

It's paying thousands for documents that don't control anything.

Because your will is just a suggestion if your beneficiary forms disagree.

And that checkbox at your bank? It's more powerful than any trust I can draft.

Fix your beneficiaries. Today.

Your family's financial future depends on a form you probably forgot exists.

Trusted Advisor for Estate Planning & Small Business Law | Legal Protection for Families, Founders & Futures

I Asked Millennials About Their Parents' Estates. Most Had No Idea What They'd Inherit.

Not the amounts. Not even what accounts existed. They knew their parents had "something" but couldn't name a single bank. Couldn't find the will. Didn't know if there was life insurance.

Meanwhile, their parents think they've handled everything because they did a will in 2003.

(𝘈𝘯𝘥 𝘣𝘦𝘧𝘰𝘳𝘦 𝘺𝘰𝘶 𝘴𝘢𝘺 "𝘵𝘩𝘢𝘵'𝘴 𝘱𝘳𝘪𝘷𝘢𝘵𝘦" – 𝘺𝘰𝘶𝘳 𝘬𝘪𝘥𝘴 𝘸𝘪𝘭𝘭 𝘯𝘦𝘦𝘥 𝘵𝘩𝘪𝘴 𝘪𝘯𝘧𝘰 𝘸𝘩𝘦𝘯 𝘺𝘰𝘶'𝘳𝘦 𝘨𝘰𝘯𝘦. 𝘞𝘰𝘶𝘭𝘥 𝘺𝘰𝘶 𝘳𝘢𝘵𝘩𝘦𝘳 𝘵𝘩𝘦𝘺 𝘩𝘦𝘢𝘳 𝘪𝘵 𝘧𝘳𝘰𝘮 𝘺𝘰𝘶 𝘰𝘳 𝘧𝘳𝘰𝘮 𝘢 𝘣𝘢𝘯𝘬'𝘴 𝘤𝘰𝘮𝘱𝘭𝘪𝘢𝘯𝘤𝘦 𝘥𝘦𝘱𝘢𝘳𝘵𝘮𝘦𝘯𝘵?)

𝗧𝗵𝗲 𝗖𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻 𝗡𝗼𝗯𝗼𝗱𝘆'𝘀 𝗛𝗮𝘃𝗶𝗻𝗴:

• Where the Documents Live
Not "somewhere safe." The actual location. Which drawer. Which file. Which password manager. Which lawyer has copies.

• What Accounts Exist
Every bank. Every investment. Every insurance policy. With account numbers. With contact information. Updated annually.

• Who Gets Contacted
Your estate attorney. Your CPA. Your financial advisor. HR for benefits. That old 401(k) from three jobs ago.

• Digital Access Reality
Password manager emergency access. Two-factor authentication backups. Crypto wallet recovery phrases. Email account access.

• The Unofficial Stuff
Safe deposit box location and key. Storage unit details. That cash in the freezer. The valuable collection in the garage.

Parents think they're protecting their kids by keeping finances private. Kids think they're respecting boundaries by not asking.

Both are wrong.

Your millennial kids manage their entire financial life on their phones. They Venmo rent. They buy stocks on apps. They've never written a check.

But when you die, they'll need to navigate 1970s-era bank bureaucracy with 2024 digital habits.

Without a roadmap.

𝗧𝗵𝗲 𝗘𝘀𝘁𝗮𝘁𝗲 𝗥𝗼𝗮𝗱𝗺𝗮𝗽 𝗧𝗵𝗮𝘁 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗛𝗲𝗹𝗽𝘀:

1. 𝘊𝘳𝘦𝘢𝘵𝘦 𝘵𝘩𝘦 "𝘐𝘧 𝘐 𝘋𝘪𝘦 𝘛𝘰𝘮𝘰𝘳𝘳𝘰𝘸" 𝘍𝘪𝘭𝘦
One document. Every account. Every contact. Every password location. Share it with someone who needs it. Update it every tax season.

2. 𝘏𝘢𝘷𝘦 𝘵𝘩𝘦 𝘔𝘰𝘯𝘦𝘺 𝘛𝘢𝘭𝘬
Not the amounts if you're uncomfortable. But the existence. The locations. The contacts. Your kids should know your banker's name.

3. 𝘗𝘳𝘢𝘤𝘵𝘪𝘤𝘦 𝘵𝘩𝘦 𝘍𝘪𝘳𝘦 𝘋𝘳𝘪𝘭𝘭
Walk someone through accessing one account. Show them where documents live. Make sure they can actually find what they'd need.

Those millennials who knew nothing? Their parents aren't bad people. They're just following outdated privacy rules from a pre-digital world.

But your estate plan isn't just documents in a lawyer's office.

It's making sure the people you leave behind can actually access what you've left them.

Without a forensic accountant. Without a court order. Without a year of searching.

The most expensive estate plan isn't the one without proper documents.

It's the one nobody can find.

The $47 Costco Document That Saved a Widow's House

Her husband died on a Tuesday. By Friday, the mortgage company was calling. 90-day foreclosure notice arrived the following week. She had $1,200 in checking. The house payment was $3,400.

But tucked in their Costco folder – between the tire rotation receipts and the Executive Membership renewal – was a forgotten legal services benefit. The one that came with their membership upgrade three years earlier.

(𝘈𝘯𝘥 𝘯𝘰, 𝘵𝘩𝘪𝘴 𝘸𝘢𝘴𝘯'𝘵 𝘴𝘰𝘮𝘦 𝘤𝘩𝘦𝘢𝘱 𝘱𝘳𝘦𝘱𝘢𝘪𝘥 𝘭𝘦𝘨𝘢𝘭 𝘴𝘤𝘢𝘮. 𝘐𝘵 𝘸𝘢𝘴 𝘢𝘯 𝘢𝘤𝘵𝘶𝘢𝘭 𝘭𝘪𝘧𝘦 𝘪𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘱𝘰𝘭𝘪𝘤𝘺.)

When she upgraded to Executive Membership for the 2% cash back on bulk paper towels, the Costco rep mentioned their partnership with a major insurance carrier. "Basic term life included. Just fill this out."

$500,000 coverage. No medical exam for amounts under that threshold. Premium paid through the membership fee. Her husband checked the boxes, signed his name, forgot about it.

Three years later, that forgettable form became everything.

𝗪𝗵𝗮𝘁 𝗖𝗼𝘀𝘁𝗰𝗼 𝗗𝗼𝗲𝘀𝗻'𝘁 𝗔𝗱𝘃𝗲𝗿𝘁𝗶𝘀𝗲 (𝗕𝘂𝘁 𝗦𝗵𝗼𝘂𝗹𝗱):

• Executive Members get access to term life insurance
• No medical exam for many coverage levels
• Rates locked for the term length
• Portable if you leave Costco
• Covers mortgage protection scenarios

The widow called the number on the yellowed form. Claim approved in 12 days. House saved. Kids stayed in their school. Life continued, imperfectly but intact.

The Hidden Documents That Actually Matter:

✓ That employer life insurance election (usually 1-2x salary free)
✓ Credit card coverage you didn't know existed
✓ Mortgage protection riders buried in paperwork
✓ Union or association benefits gathering dust
✓ Wholesale club financial services

Your estate plan tells the court who gets what.

These forgotten documents determine if there's anything left to get.

𝗧𝗵𝗲 𝗧𝗵𝗿𝗲𝗲-𝗦𝘁𝗲𝗽 𝗙𝗼𝗿𝗴𝗼𝘁𝘁𝗲𝗻 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 𝗔𝘂𝗱𝗶𝘁:

1. 𝘊𝘩𝘦𝘤𝘬 𝘌𝘷𝘦𝘳𝘺 𝘔𝘦𝘮𝘣𝘦𝘳𝘴𝘩𝘪𝘱
Costco, Sam's, AAA, AARP, alumni associations. Call them. Ask what's included. You'll be shocked.

2. 𝘙𝘦𝘷𝘪𝘦𝘸 𝘌𝘮𝘱𝘭𝘰𝘺𝘦𝘳 𝘖𝘱𝘦𝘯 𝘌𝘯𝘳𝘰𝘭𝘭𝘮𝘦𝘯𝘵
Not just health insurance. Life, disability, legal services, identity protection. 

3. 𝘊𝘳𝘦𝘢𝘵𝘦 𝘵𝘩𝘦 "𝘐𝘧 𝘐 𝘋𝘪𝘦" 𝘍𝘰𝘭𝘥𝘦𝘳
One place. Every policy. Every benefit. Every phone number. Update it annually. Tell someone it exists.

The most expensive life insurance isn't the premium you pay.

It's the coverage you didn't know you already had.

Check your Costco folder. Today.

Your family's future might be sitting between the receipt for 48 rolls of toilet paper and last year's photo center order.

Because sometimes the most powerful legal document isn't from a lawyer.

It's from the place where you buy rotisserie chicken in bulk.

The 7 Estate Planning Conversations Your Lawyer Won't Start (But You Should)

Your estate attorney prepared the perfect will. Bulletproof trust. Airtight power of attorney. Then your family discovered the $400K in crypto you never mentioned and the business partner who still had signing authority on your accounts (you can scroll through past posts to see how that turned out...).

The documents were flawless. The conversations never happened.

𝗧𝗵𝗲 𝟳 𝗖𝗿𝗶𝘁𝗶𝗰𝗮𝗹 𝗖𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻𝘀:

1. 𝘛𝘩𝘦 𝘋𝘪𝘨𝘪𝘵𝘢𝘭 𝘈𝘴𝘴𝘦𝘵 𝘈𝘶𝘥𝘪𝘵
"Do you have cryptocurrency?" isn't enough. What about NFTs? Domain names worth thousands? That Instagram account generating $5K monthly? Your Venmo balance? The password manager controlling everything?

2. 𝘛𝘩𝘦 𝘜𝘯𝘤𝘰𝘮𝘧𝘰𝘳𝘵𝘢𝘣𝘭𝘦 𝘍𝘢𝘮𝘪𝘭𝘺 𝘋𝘺𝘯𝘢𝘮𝘪𝘤𝘴
Your son's addiction. Your daughter's spending problems. The child who's terrible with money. The one who married someone you don't trust. Standard equal distribution might destroy what you built.

3. 𝘛𝘩𝘦 𝘉𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘚𝘶𝘤𝘤𝘦𝘴𝘴𝘪𝘰𝘯 𝘕𝘪𝘨𝘩𝘵𝘮𝘢𝘳𝘦
Who actually runs the company if you can't? Not who inherits it – who operates it Monday morning? Your family might own it but can they access the bank accounts? Sign payroll? Keep the lights on?

4. 𝘛𝘩𝘦 𝘉𝘢𝘯𝘬𝘪𝘯𝘨 𝘙𝘦𝘢𝘭𝘪𝘵𝘺 𝘊𝘩𝘦𝘤𝘬
Banks don't care about your perfect trust. They want their forms. Their process. Their timeline. Has your attorney called your bank to confirm what they actually require? (Spoiler: They haven't.)

5. 𝘛𝘩𝘦 𝘊𝘩𝘢𝘳𝘪𝘵𝘢𝘣𝘭𝘦 𝘎𝘪𝘷𝘪𝘯𝘨 𝘛𝘳𝘢𝘱
"10% to charity" sounds noble. But which charity? What if it doesn't exist anymore? What if it's been corrupted? What about the tax implications your heirs will face? Generic charitable provisions create litigation, not legacy.

6. 𝘛𝘩𝘦 𝘏𝘦𝘢𝘭𝘵𝘩𝘤𝘢𝘳𝘦 𝘏𝘰𝘳𝘳𝘰𝘳 𝘚𝘤𝘦𝘯𝘢𝘳𝘪𝘰𝘴
Beyond "pull the plug or not." What about dementia care? Experimental treatments? Moving to assisted living? Who decides when you can't drive anymore? Your healthcare directive probably covers 20% of what actually happens.

7. 𝘛𝘩𝘦 𝘗𝘦𝘳𝘴𝘰𝘯𝘢𝘭 𝘗𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘞𝘢𝘳𝘴
The house gets split per the will. But Mom's wedding ring? Dad's watch collection? The family photos? That painting everyone wants? More families explode over personal items than over millions in cash.

They're messy. Emotional. Time-consuming.

But documents without these discussions are just expensive paper.

𝗧𝗵𝗲 𝗥𝗲𝗮𝗹 𝗘𝘀𝘁𝗮𝘁𝗲 𝗣𝗹𝗮𝗻𝗻𝗶𝗻𝗴 𝗖𝗵𝗲𝗰𝗸𝗹𝗶𝘀𝘁:

• Bring your uncomfortable truths, not just your asset list
• Ask about scenarios, not just documents
• Demand specific solutions, not generic templates
• Update after major life changes, not just every decade

The most expensive estate plan isn't the one with the most documents.

It's the one missing the conversations that mattered.

Because your family doesn't need perfect paperwork.

They need clear answers to the questions your never asked.

The 5 Apps on Your Phone That Could Lock Your Family Out of $100K+

Last month, I watched a widow discover her husband's Robinhood account had $127,000 she couldn't touch. The password? Died with him. Two-factor authentication? His dead phone number. Recovery email? A Gmail account no one could access.

She could see the balance through old screenshots. But seeing and accessing are different games entirely.

𝗧𝗵𝗲 𝟱 𝗔𝗽𝗽𝘀 𝗧𝗵𝗮𝘁 𝗔𝗿𝗲 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗩𝗮𝘂𝗹𝘁𝘀 (𝗢𝗿 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗚𝗿𝗮𝘃𝗲𝘀):

1. 𝘊𝘳𝘺𝘱𝘵𝘰 𝘞𝘢𝘭𝘭𝘦𝘵𝘴 (𝘊𝘰𝘪𝘯𝘣𝘢𝘴𝘦, 𝘔𝘦𝘵𝘢𝘔𝘢𝘴𝘬, 𝘛𝘳𝘶𝘴𝘵 𝘞𝘢𝘭𝘭𝘦𝘵)
2. 𝘐𝘯𝘷𝘦𝘴𝘵𝘮𝘦𝘯𝘵 𝘈𝘱𝘱𝘴 (𝘙𝘰𝘣𝘪𝘯𝘩𝘰𝘰𝘥, 𝘌*𝘛𝘙𝘈𝘋𝘌, 𝘝𝘢𝘯𝘨𝘶𝘢𝘳𝘥)
3. 𝘗𝘢𝘴𝘴𝘸𝘰𝘳𝘥 𝘔𝘢𝘯𝘢𝘨𝘦𝘳𝘴 (𝘓𝘢𝘴𝘵𝘗𝘢𝘴𝘴, 1𝘗𝘢𝘴𝘴𝘸𝘰𝘳𝘥, 𝘉𝘪𝘵𝘸𝘢𝘳𝘥𝘦𝘯)
4. 𝘉𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘈𝘤𝘤𝘰𝘶𝘯𝘵𝘴 (𝘚𝘵𝘳𝘪𝘱𝘦, 𝘗𝘢𝘺𝘗𝘢𝘭, 𝘚𝘲𝘶𝘢𝘳𝘦)
5. 𝘋𝘪𝘨𝘪𝘵𝘢𝘭 𝘗𝘢𝘺𝘮𝘦𝘯𝘵 𝘈𝘱𝘱𝘴 (𝘝𝘦𝘯𝘮𝘰, 𝘊𝘢𝘴𝘩𝘈𝘱𝘱, 𝘗𝘢𝘺𝘗𝘢𝘭)

𝗧𝗵𝗲 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗔𝗰𝗰𝗲𝘀𝘀 𝗣𝗹𝗮𝗻 𝗬𝗼𝘂 𝗡𝗲𝗲𝗱 𝗧𝗼𝗱𝗮𝘆:

-> Create a Digital Asset Inventory
Every app. Every account. Every wallet. List them all with current values. Update quarterly.

-> Set Up Emergency Access
Password managers offer emergency access features. Your spouse waits 48 hours, then gets in. No death certificate needed.

-> Document Recovery Methods
Write down security questions. Save backup codes. Store seed phrases in a fireproof safe. Not on your phone. Not in the cloud.

-> Add Authorized Users Where Possible
Some investment apps allow authorized users. Add them now, while you're alive and can prove identity.

-> Create Transfer Instructions
Not passwords in your will (public record). But a sealed letter with your attorney explaining HOW to access the password manager.

Want to really take it to the next level? I suggest reaching out to folks at Legacy Vault (Jon Braddock) or Digital Life Box (Charles Lambert) to see their tools that can help you manage your digital assets.

Your phone isn't just a communication device anymore.

It's a bank. A vault. A business. A fortune.

And right now, it's probably protected by a six-digit code that dies with you.

The most expensive app on your phone isn't the one that costs $9.99 monthly.

It's the one holding $100K that your family can see but can't touch.

Because digital assets don't care about death certificates.

They care about passwords.

Fix it today. While you still can.

My Estate Planning Checklist for the Venmo Generation (Yes, That Means You)

She sent her roommate $1,200 for rent. He Venmo'd his buddy $500 for fantasy football losses. They split dinner tabs with CashApp and collected wedding gifts through Zelle.

Then she died in a car accident at 29.

Her parents spent six months trying to access her accounts. The money sitting in payment apps? Gone. The passwords to her investment accounts? Buried in her iPhone. The beneficiary on her 401(k)? Her ex-boyfriend from college.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘬𝘯𝘰𝘸 𝘸𝘩𝘢𝘵 𝘺𝘰𝘶'𝘳𝘦 𝘵𝘩𝘪𝘯𝘬𝘪𝘯𝘨. "𝘐'𝘮 𝘵𝘰𝘰 𝘺𝘰𝘶𝘯𝘨 𝘧𝘰𝘳 𝘦𝘴𝘵𝘢𝘵𝘦 𝘱𝘭𝘢𝘯𝘯𝘪𝘯𝘨." 𝘉𝘶𝘵 𝘪𝘧 𝘺𝘰𝘶'𝘳𝘦 𝘰𝘭𝘥 𝘦𝘯𝘰𝘶𝘨𝘩 𝘵𝘰 𝘩𝘢𝘷𝘦 𝘢 𝘝𝘦𝘯𝘮𝘰 𝘣𝘢𝘭𝘢𝘯𝘤𝘦, 𝘺𝘰𝘶'𝘳𝘦 𝘰𝘭𝘥 𝘦𝘯𝘰𝘶𝘨𝘩 𝘵𝘰 𝘯𝘦𝘦𝘥 𝘢 𝘱𝘭𝘢𝘯.)

After watching millennials navigate estate disasters they never saw coming, I created this checklist. Not the stuffy trust-fund version. The real one for people who think NFTs are retirement planning.

The Digital Money Trail:
✓ List every payment app (yes, even that Venmo with $3.47)
✓ Document crypto wallets and exchanges
✓ Screenshot QR codes for 2FA backup
✓ Create a "digital death file" someone can actually access

The Beneficiary Reality Check:
✓ 401(k) - Not defaulted to "estate"
✓ IRA - Updated since that breakup
✓ Life insurance through work - Someone actually knows it exists
✓ Bank accounts - Add payable-on-death designation

The Password Problem:
✓ Password manager with emergency access
✓ Not just written on a Post-it in your desk
✓ Include investment accounts, not just Netflix
✓ Update it more than once a decade

The Actual Legal Stuff:
✓ Will (even a basic one beats nothing)
✓ Healthcare directive (who decides if you can't)
✓ Financial power of attorney (bills don't pause for tragedy)
✓ HIPAA releases (so someone can talk to doctors)

The Uncomfortable Conversations:
✓ Tell someone where these documents live
✓ Share your digital asset plan
✓ Name guardians if you have kids
✓ Discuss your wishes, not just your passwords

That 29-year-old? Her parents eventually recovered about 40% of her digital assets. The rest disappeared into the internet void. Customer service reps hiding behind "privacy policies" while her savings sat untouchable.

Your estate plan doesn't need to be perfect. It needs to exist.

Because the most expensive estate plan isn't the comprehensive one that costs a few thousand.

It's the one you keep putting off because you're "too young to worry about it."

Your digital life deserves analog protection.

Start with one thing today. Even if it's just updating that 401(k) beneficiary.

Your future (or your family's) will thank you.

JSESSIONID

li_at

Talks about #businesslaw, #llcformation, #estateplanning, #willsandtrusts, and #businesslawsuits

Derek J. Gruber, CIC Talked About Insurance Stewardship Today. 

Derek used a word I haven't heard from an insurance person before: Stewardship.

Not "coverage." Not "protection." Stewardship. Like he's actually responsible for what happens to us.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘢𝘵 𝘵𝘩𝘳𝘰𝘶𝘨𝘩 𝘦𝘯𝘰𝘶𝘨𝘩 𝘪𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘱𝘳𝘦𝘴𝘦𝘯𝘵𝘢𝘵𝘪𝘰𝘯𝘴 𝘸𝘩𝘦𝘳𝘦 𝘵𝘩𝘦𝘺 𝘴𝘤𝘢𝘳𝘦 𝘺𝘰𝘶 𝘸𝘪𝘵𝘩 𝘴𝘵𝘢𝘵𝘪𝘴𝘵𝘪𝘤𝘴, 𝘵𝘩𝘦𝘯 𝘴𝘦𝘭𝘭 𝘺𝘰𝘶 𝘴𝘰𝘮𝘦𝘵𝘩𝘪𝘯𝘨 𝘺𝘰𝘶 𝘥𝘰𝘯'𝘵 𝘶𝘯𝘥𝘦𝘳𝘴𝘵𝘢𝘯𝘥. 𝘛𝘩𝘪𝘴 𝘸𝘢𝘴𝘯'𝘵 𝘵𝘩𝘢𝘵.)

Here's what Derek really taught us without meaning to:

Insurance isn't about the cheapest premium. It's about having someone who knows your business well enough to spot the gaps before they become problems. Most businesses' big red flag??? CYBER INSURANCE

Just like estate planning isn't about having documents. It's about having the RIGHT coverage that actually protects you.

If you're in the Twin Cities area and are interested in learning more about our group, shoot me (or Tony Rubin) a DM and we can chat.

Partner | Risk Consultant | Simplifying Insurance & Risk for Business Owners | Coalition 9 Member

Financial Advisor at Rudin & Rubin Financial Group of Wells Fargo Advisors

The Secret Estate Planning Checklist Banks Use (That Nobody Told You About)

Your estate lawyer prepares documents for probate court, but banks have their own internal "court" - their compliance department. And they play by different rules.

𝗧𝗵𝗲 𝟱 𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝘀 𝗕𝗮𝗻𝗸𝘀 𝗗𝗲𝗺𝗮𝗻𝗱 (𝗧𝗵𝗮𝘁 𝗔𝗿𝗲𝗻'𝘁 𝗶𝗻 𝗬𝗼𝘂𝗿 𝗘𝘀𝘁𝗮𝘁𝗲 𝗣𝗹𝗮𝗻):

1. 𝘊𝘦𝘳𝘵𝘪𝘧𝘪𝘦𝘥 𝘋𝘦𝘢𝘵𝘩 𝘊𝘦𝘳𝘵𝘪𝘧𝘪𝘤𝘢𝘵𝘦𝘴 - 𝘉𝘶𝘵 𝘏𝘰𝘸 𝘔𝘢𝘯𝘺?
Banks want originals. Each account. Each institution. I tell clients: Order 15. Yes, it costs more. Know what costs more? Waiting 8 weeks for additional copies while accounts sit frozen.

2. 𝘈𝘧𝘧𝘪𝘥𝘢𝘷𝘪𝘵 𝘰𝘧 𝘋𝘰𝘮𝘪𝘤𝘪𝘭𝘦
Proves where the deceased lived. Banks use it for tax withholding. Your will doesn't cover this. The bank often won't release funds without it.

3. 𝘛𝘐𝘕 𝘊𝘦𝘳𝘵𝘪𝘧𝘪𝘤𝘢𝘵𝘪𝘰𝘯 𝘍𝘰𝘳𝘮 (𝘞-9 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘌𝘴𝘵𝘢𝘵𝘦)
The estate needs its own tax ID. But banks want the form proving it. Not just the number. The actual IRS form. Miss this? Accounts stay locked.

4. 𝘚𝘮𝘢𝘭𝘭 𝘌𝘴𝘵𝘢𝘵𝘦 𝘈𝘧𝘧𝘪𝘥𝘢𝘷𝘪𝘵 (𝘌𝘷𝘦𝘯 𝘧𝘰𝘳 𝘓𝘢𝘳𝘨𝘦 𝘌𝘴𝘵𝘢𝘵𝘦𝘴)
Some accounts bypass probate with this form. But only if it's perfect. One wrong checkbox? Rejected. Start over. Another month lost.

5. 𝘉𝘢𝘯𝘬-𝘚𝘱𝘦𝘤𝘪𝘧𝘪𝘤 𝘐𝘯𝘥𝘦𝘮𝘯𝘪𝘧𝘪𝘤𝘢𝘵𝘪𝘰𝘯 𝘍𝘰𝘳𝘮𝘴
Each bank has proprietary forms. Chase wants theirs. Wells Fargo wants different ones. Your perfect will means nothing until their legal department checks their boxes.

What Actually Unlocks Accounts:

* Pre-death preparation with each institution
* Beneficiary designations (bypass everything)
* Joint ownership structures
* Transfer-on-death provisions
* Bank-specific estate planning addenda

Your will tells the court who gets what.

Bank forms determine when they get it.

Or if they get it at all.

𝗧𝗵𝗲 𝗧𝗵𝗿𝗲𝗲-𝗦𝘁𝗲𝗽 𝗕𝗮𝗻𝗸-𝗥𝗲𝗮𝗱𝘆 𝗘𝘀𝘁𝗮𝘁𝗲 𝗣𝗹𝗮𝗻:

1. 𝘈𝘶𝘥𝘪𝘵 𝘌𝘷𝘦𝘳𝘺 𝘈𝘤𝘤𝘰𝘶𝘯𝘵 𝘕𝘖𝘞
Call each bank. Ask for their estate settlement requirements. Get the forms. Before you need them.

2. 𝘖𝘳𝘥𝘦𝘳 𝘔𝘰𝘳𝘦 𝘋𝘦𝘢𝘵𝘩 𝘊𝘦𝘳𝘵𝘪𝘧𝘪𝘤𝘢𝘵𝘦𝘴 𝘛𝘩𝘢𝘯 𝘠𝘰𝘶 𝘛𝘩𝘪𝘯𝘬
Whatever number seems right, double it. Triple it for complex estates. $20 per certificate beats 2-month delays.

3. 𝘊𝘳𝘦𝘢𝘵𝘦 𝘠𝘰𝘶𝘳 𝘉𝘢𝘯𝘬-𝘙𝘦𝘢𝘥𝘺 𝘈𝘥𝘥𝘦𝘯𝘥𝘶𝘮
One document listing every account, every institution, every form needed. With contact numbers. Update it annually.

The most expensive estate plan isn't the one that costs the most to create.

It's the one that looks perfect on paper but fails at the bank window.

Because your family doesn't need a perfect will.

They need access to accounts. Today. Not after six months of bureaucratic nightmare.

Because the secret isn't having the right lawyer.

It's knowing what the banks won't tell you until it's too late.

I Asked My Estate Planning Attorney Friends: What's the Weirdest Digital Asset Dispute You've Seen?

The winner involved a $23,000 World of Warcraft account and a grieving widow who thought her husband played "some computer game."

I was running low on stories for LinkedIn, so I reached out to estate planning attorneys I knew to find some stories for this post. Asked them one question. The stories they told made my $50K Venmo dispute look like child's play.

The Top 5 Digital Nightmares:

1. The Bitcoin Wallet on a Dead iPhone
$890K in crypto. Password died with the owner. Wife tried 9 times. One attempt left before permanent lockout. Still sitting in a safe deposit box. Untouchable.

2. The Instagram Influencer's Account War
420K followers. $30K monthly income. Three siblings fighting over who gets to post memorial content. Meanwhile, sponsors pulling out, followers dropping. Account dead within 60 days.

3. The OnlyFans Battle
$1.2M annual revenue. Content still generating income. Widow wanted it deleted. 

4. The Gmail Account That Controlled Everything
Entrepreneur ran six businesses through one Gmail. No password manager. No recovery options. Google wouldn't grant access without a death certificate AND pre-death authorization. Businesses collapsed in 90 days.

5. The NFT Collection Nobody Understood
"Bunch of monkey pictures" worth $3.4M. Family sold the laptop for $500 at an estate sale. 

What These Horror Stories Taught Me:

Digital assets aren't just Facebook photos anymore. They're businesses. Investments. Income streams. Legacies.

But here's the kicker: Your will probably doesn't cover them.

Standard estate documents written for physical property. Bank accounts. Real estate. Not for wallets protected by 24-word seed phrases or accounts requiring two-factor authentication from a dead person's phone.

The Digital Asset Protection Checklist:

• Password Manager with Emergency Access
Set up a digital vault. Grant emergency access to someone you trust. Update it monthly.

• Inventory Your Digital Life
Crypto wallets. Investment apps. Online businesses. Gaming accounts. Domain names. List them all.

• Update Your Estate Documents
Add digital asset provisions. Name a digital executor. Include access instructions (but not passwords).

• Document the Value
That gaming account might be worth more than your car. That Instagram following could be a business. Document it.

• Create Access Instructions
Not passwords in your will (public record). But instructions on HOW to access your password manager.

Your digital life isn't just emails and photos anymore.

It's your wealth. Your business. Your legacy.

And unlike your house, it can vanish with one wrong password attempt.

The most expensive digital asset isn't the Bitcoin you forgot to mention.

It's the fortune your family can see but can't touch.

Because you never told them how.

The LLC Mistake That 73% of Solopreneurs Make (A Black Friday Warning)

Black Friday's coming in a week. You'll drop $500 on deals you don't need. Meanwhile, your LLC is sitting there like a screen door in a hurricane (one of my new favorite analogies).

I reviewed solopreneur LLCs last month for an accelerator program. Many of them had the same fatal flaw. They'd spent more on their logo than on making their LLC actually work.

(𝘈𝘯𝘥 𝘯𝘰, 𝘪𝘵 𝘸𝘢𝘴𝘯'𝘵 𝘵𝘩𝘦 𝘮𝘪𝘴𝘴𝘪𝘯𝘨 𝘰𝘱𝘦𝘳𝘢𝘵𝘪𝘯𝘨 𝘢𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵. 𝘛𝘩𝘢𝘵 𝘸𝘢𝘴 #2.)

The killer? No separate business credit card.

"But I track everything in QuickBooks!" they said.
"I reimburse myself properly!" they insisted.
"I keep perfect records!" they promised.

The plaintiff's attorney won't care. Neither will the judge.

One personal charge on your business account. One business expense on your personal card. That's all it takes. Your LLC protection? Hanging on by a thread. Your personal assets? Could be fair game.

I spoke to a freelance designer worried about losing her house over a $15,000 contract dispute. Her LLC was perfect on paper. Delaware formation. Professional operating agreement. Separate EIN.

But she'd used her personal card for Adobe Creative Suite. "It was just easier with the family plan."

That one transaction became Exhibit A in the Plaintiff's veil-piercing argument.

𝗧𝗵𝗲 𝗕𝗹𝗮𝗰𝗸 𝗙𝗿𝗶𝗱𝗮𝘆 𝗟𝗟𝗖 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗖𝗵𝗲𝗰𝗸𝗹𝗶𝘀𝘁:

• Business Credit Card (TODAY)
Open one before Black Friday. Every business expense goes here. No exceptions. Not even "just this once."

• Separate Shopping Accounts
Your business Amazon account can't share Prime with your personal one. Yes, it costs more. That's the price of protection.

• Document Everything
That laptop you're buying on sale? Business resolution authorizing the purchase. Sounds excessive until you're in court.

• Payment Method Discipline
Business expenses = business card. Personal stuff = personal card. Mix them even once and you've given ammunition to the other side.

The real tragedy? A business credit card is free. Most give cash back. Some have better rewards than personal cards.

But solopreneurs skip it because "it's just me" or "I'll do it later" or "I'm too small for that."

You're never too small to lose everything.

Black Friday's coming. You'll see 500 ads for things you don't need. But you won't see a single ad for the business credit card that could save your personal assets.

Because Capital One makes money when you spend.

Lawyers make money when you didn't protect yourself.

Your LLC is either a fortress or a house of cards.

The difference? A piece of plastic in your wallet.

Get the card. Skip the deals. Protect what you've built.

The Venmo Divorce That Cost a CEO Everything (And Why I Don't Miss Practicing Family Law)

An old family law friend of mine saw my recent posts about Venmo transactions and shared this one with me:

Venmo transactions labeled "golf lessons." Each one timestamped. Each one traceable. Each one a lie.

The CEO thought he was clever. His wife's divorce attorney thought otherwise.

She pulled six months of Venmo history. Cross-referenced the timestamps with his calendar. Those Tuesday afternoon "golf lessons"? They happened during board meetings in Chicago. During client dinners in Dallas. During the family vacation in Aspen when he "stepped out for a call."

$31,000 in "golf lessons" to the same recipient. A 29-year-old marketing coordinator from his firm.

The metadata told the whole story: 

𝘛𝘳𝘢𝘯𝘴𝘢𝘤𝘵𝘪𝘰𝘯 𝘭𝘰𝘤𝘢𝘵𝘪𝘰𝘯: Minneapolis.
𝘊𝘢𝘭𝘦𝘯𝘥𝘢𝘳 𝘦𝘯𝘵𝘳𝘺: "Phoenix - Quarterly Review."
𝘛𝘳𝘢𝘯𝘴𝘢𝘤𝘵𝘪𝘰𝘯 𝘵𝘪𝘮𝘦: 2:47 PM.
𝘍𝘭𝘪𝘨𝘩𝘵 𝘳𝘦𝘤𝘰𝘳𝘥𝘴: Hadn't left MSP yet.

His attorney called it "unfortunate timing discrepancies."

𝗪𝗵𝗮𝘁 𝗠𝗼𝗱𝗲𝗿𝗻 𝗣𝗮𝘆𝗺𝗲𝗻𝘁 𝗔𝗽𝗽𝘀 𝗥𝗲𝘃𝗲𝗮𝗹:

* Every transaction has a digital fingerprint
* Timestamps don't lie (even when you do)
* Location data survives deletion
* Public feeds become evidence
* Emoji choices matter (yes, really)
* Payment patterns tell stories

The CEO lost more than money. The court found dissipation of marital assets. Hidden accounts. Financial misconduct. His mansion? Gone. The cabin up north? Hers. Alimony? Maximum allowable.

The affair shouldn't have mattered financially.

Except when you lie about it. Under oath. With digital receipts proving otherwise.

The New Reality of Digital Evidence:

* Your Venmo is a financial diary
* Apple Pay tracks your every move
* Zelle leaves breadcrumbs
* PayPal keeps records for years
* Cash App screenshots live forever

Twenty years ago, affairs required private investigators. Hidden cameras. Following cars. Now? Your spouse's attorney just needs your phone number and a subpoena.

𝗧𝗵𝗲 𝗧𝗵𝗿𝗲𝗲 𝗥𝘂𝗹𝗲𝘀 𝗳𝗼𝗿 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗣𝗮𝘆𝗺𝗲𝗻𝘁𝘀 (𝗗𝗶𝘃𝗼𝗿𝗰𝗲 𝗼𝗿 𝗡𝗼𝘁):

1. 𝘈𝘴𝘴𝘶𝘮𝘦 𝘌𝘷𝘦𝘳𝘺𝘵𝘩𝘪𝘯𝘨 𝘪𝘴 𝘗𝘶𝘣𝘭𝘪𝘤
Even "private" transactions. Even deleted ones. If it went through a server, it exists somewhere.

2. 𝘓𝘢𝘣𝘦𝘭 𝘏𝘰𝘯𝘦𝘴𝘵𝘭𝘺 𝘰𝘳 𝘎𝘦𝘯𝘦𝘳𝘪𝘤𝘢𝘭𝘭𝘺
"Dinner" not "golf lessons." "Reimbursement" not "consulting." Lies in writing become evidence.

3. 𝘚𝘦𝘱𝘢𝘳𝘢𝘵𝘦 𝘗𝘦𝘳𝘴𝘰𝘯𝘢𝘭 𝘧𝘳𝘰𝘮 𝘘𝘶𝘦𝘴𝘵𝘪𝘰𝘯𝘢𝘣𝘭𝘦
Different apps for different relationships. Your marriage counselor will thank you. Your divorce attorney definitely will.

That CEO? He's living in a one-bedroom apartment now. Still paying for those "golf lessons" ~ just in a very different way.

The most expensive Venmo transaction isn't the one you send.

It's the one that sends you to court.

You Know What's Wild? Most Business Owners Spend More Time on LinkedIn than on Their Operating Agreement

I counted yesterday. Over 25 LinkedIn updates in October. Last time I touched my operating agreement? 2017.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘮 𝘢 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺. 𝘐 𝘴𝘩𝘰𝘶𝘭𝘥 𝘬𝘯𝘰𝘸 𝘣𝘦𝘵𝘵𝘦𝘳. 𝘉𝘶𝘵 𝘦𝘷𝘦𝘯 𝘵𝘩𝘦 𝘤𝘰𝘣𝘣𝘭𝘦𝘳'𝘴 𝘤𝘩𝘪𝘭𝘥𝘳𝘦𝘯 𝘨𝘰 𝘣𝘢𝘳𝘦𝘧𝘰𝘰𝘵 𝘴𝘰𝘮𝘦𝘵𝘪𝘮𝘦𝘴.)

This spring, a client called in a panic. His business partner of 12 years wanted out. They'd built a $3M consulting firm together. Weathered COVID. Survived the talent shortage.

Then his partner's divorce attorney started asking questions about business valuations.

Their operating agreement? Still had their original $50K valuation from 2012.

No buyout provisions. No updated ownership percentages after they'd brought in two junior partners. No mechanism for handling disputes. Just twelve years of handshake modifications that lived in their heads and nowhere else.

Meanwhile, his LinkedIn profile was pristine. Updated headshot. Fresh testimonials. Perfect keyword optimization. Daily posts about business growth.

But the document that actually governed his business? Gathering digital dust.

The Real Cost of That Outdated Operating Agreement:

• Months of legal battles (and counting)
• $85,000 in attorney fees between them
• Business operations frozen during negotiations
• Two junior partners who quit during the chaos
• Lost clients who got nervous about the instability
• A friendship destroyed by preventable disputes

What Your Operating Agreement Should Actually Reflect:

✓ Current business valuation methods
✓ Clear buyout procedures and triggers
✓ Updated ownership percentages
✓ Decision-making protocols for deadlocks
✓ Succession planning for death/disability
✓ Exit strategies that protect everyone

Here's what kills me: This guy spent two hours crafting the perfect LinkedIn article, but he couldn't spend two hours updating the document that actually protected that partnership.

Your LinkedIn profile shows the world who you are today.

Your operating agreement protects who you'll be tomorrow.

One gets likes. The other saves your business.

I get it. Legal documents are boring. LinkedIn is engaging. One feels like progress. The other feels like homework.

But when your partner's life implodes (divorce, death, disability, or just different dreams), that dusty operating agreement becomes the most important document in your business life.

Update your LinkedIn all you want. But update your operating agreement first.

Your future self will thank you.

Your business depends on it.

The 5-Minute Friday LLC Checkup That Could Save You $75,000

If you've been following along, you know I love a good checklist, especially one that you can implement quickly.

In honor of seeing Back to the Future with my boys, let's take a Delorean trip back to last year, before Thanksgiving, when a client lost $75K because he hadn't checked his LLC maintenance in three years. Personal assets seized. Business protection worthless. But all of it was preventable.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘵𝘩𝘪𝘴 𝘩𝘢𝘱𝘱𝘦𝘯𝘦𝘥 𝘳𝘪𝘨𝘩𝘵 𝘣𝘦𝘧𝘰𝘳𝘦 𝘵𝘩𝘦 𝘩𝘰𝘭𝘪𝘥𝘢𝘺𝘴. 𝘞𝘩𝘦𝘯 𝘦𝘷𝘦𝘳𝘺𝘰𝘯𝘦'𝘴 𝘥𝘪𝘴𝘵𝘳𝘢𝘤𝘵𝘦𝘥 𝘣𝘺 𝘵𝘶𝘳𝘬𝘦𝘺 𝘢𝘯𝘥 𝘵𝘳𝘢𝘷𝘦𝘭 𝘱𝘭𝘢𝘯𝘴.)

Your LLC is either protecting you or it's not. There's no middle ground. And most business owners won't know which until it's too late.

Take 5 minutes. Right now. Before you log off for the weekend.

𝗧𝗵𝗲 𝟱-𝗠𝗶𝗻𝘂𝘁𝗲 𝗙𝗿𝗶𝗱𝗮𝘆 𝗟𝗟𝗖 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗔𝘂𝗱𝗶𝘁:

𝘔𝘪𝘯𝘶𝘵𝘦 1: 𝘊𝘩𝘦𝘤𝘬 𝘠𝘰𝘶𝘳 𝘚𝘵𝘢𝘵𝘦 𝘍𝘪𝘭𝘪𝘯𝘨 𝘚𝘵𝘢𝘵𝘶𝘴
Pull up your Secretary of State website. Search your LLC. Is it "Active" or "Good Standing"? If it says anything else, you're exposed. Fix it today.

𝘔𝘪𝘯𝘶𝘵𝘦 2: 𝘝𝘦𝘳𝘪𝘧𝘺 𝘠𝘰𝘶𝘳 𝘙𝘦𝘨𝘪𝘴𝘵𝘦𝘳𝘦𝘥 𝘈𝘨𝘦𝘯𝘵
Still using that online service from three years ago? Are they still in business? Did they move? One missed lawsuit notice = default judgment (𝙖𝙣𝙙 𝙥𝙤𝙨𝙨𝙞𝙗𝙡𝙮 𝙥𝙚𝙧𝙨𝙤𝙣𝙖𝙡 𝙡𝙞𝙖𝙗𝙞𝙡𝙞𝙩𝙮)

𝘔𝘪𝘯𝘶𝘵𝘦 3: 𝘉𝘢𝘯𝘬 𝘈𝘤𝘤𝘰𝘶𝘯𝘵 𝘚𝘦𝘱𝘢𝘳𝘢𝘵𝘪𝘰𝘯 𝘛𝘦𝘴𝘵
Open your business bank statement. Any personal expenses? Even one Starbucks? That's evidence against your protection. Screenshot it. Fix it Monday.

𝘔𝘪𝘯𝘶𝘵𝘦 4: 𝘊𝘰𝘯𝘵𝘳𝘢𝘤𝘵 𝘚𝘪𝘨𝘯𝘢𝘵𝘶𝘳𝘦 𝘊𝘩𝘦𝘤𝘬
Pull your last three contracts. Did you sign as "Jane Doe, Manager of ABC LLC" or just "Jane Doe"? Wrong signature can lead to personal liability. Update your email signature now.

𝘔𝘪𝘯𝘶𝘵𝘦 5: 𝘈𝘯𝘯𝘶𝘢𝘭 𝘔𝘦𝘦𝘵𝘪𝘯𝘨 𝘔𝘪𝘯𝘶𝘵𝘦𝘴
When did you last document a meeting? (Yes, even if you're solo.) No minutes in 2024? 2025? Download a template. Date it today. Sign it. Done.

𝗥𝗲𝗱 𝗙𝗹𝗮𝗴𝘀 𝗧𝗵𝗮𝘁 𝗠𝗲𝗮𝗻 "𝗗𝗼 𝗧𝗵𝗶𝘀 𝗡𝗢𝗪":
• Haven't filed an annual report this year
• Mixed personal and business expenses even once
• Can't find your operating agreement
• Never documented a meeting
• Using personal email for business contracts

The holidays are coming. You're about to get busy. Family visits. Year-end scrambles. Travel plans (if you dare go to the airport with the current state of air travel).

Lawsuits don't take holidays. Neither do state compliance deadlines.

Your LLC is either a shield or a piece of paper.

Five minutes tells you which.

And if you're reading this at 4:47 on a Friday thinking "I'll do it Monday"...

That's exactly what my client thought. Four years ago.

Check it now. Sleep better this weekend.

Because the most expensive LLC mistake isn't the one you make.

It's the one you ignore.

Business Owners Think They Need Complex Trusts. Meanwhile, They Haven't Even Updated Their LLC's Banking Resolution.

Sat with a prospective client earlier this week who spent $12,000 on an offshore asset protection trust. Smart guy. Runs three successful companies.

His LLC still lists his ex-business partner as a bank signatory.

The partner who left two years ago. Who could empty the $280,000 operating account with one wire transfer. Legally.

(𝘈𝘯𝘥 𝘣𝘦𝘧𝘰𝘳𝘦 𝘺𝘰𝘶 𝘴𝘢𝘺 "𝘵𝘩𝘢𝘵'𝘴 𝘧𝘳𝘢𝘶𝘥" – 𝘯𝘰𝘱𝘦. 𝘏𝘦'𝘴 𝘴𝘵𝘪𝘭𝘭 𝘵𝘩𝘦 𝘢𝘶𝘵𝘩𝘰𝘳𝘪𝘻𝘦𝘥 𝘴𝘪𝘨𝘯𝘦𝘳 𝘰𝘯 𝘳𝘦𝘤𝘰𝘳𝘥. 𝘉𝘢𝘯𝘬 𝘥𝘰𝘦𝘴𝘯'𝘵 𝘤𝘢𝘳𝘦 𝘢𝘣𝘰𝘶𝘵 𝘺𝘰𝘶𝘳 𝘰𝘱𝘦𝘳𝘢𝘵𝘪𝘯𝘨 𝘢𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵. 𝘛𝘩𝘦𝘺 𝘤𝘢𝘳𝘦 𝘢𝘣𝘰𝘶𝘵 𝘵𝘩𝘦𝘪𝘳 𝘱𝘢𝘱𝘦𝘳𝘸𝘰𝘳𝘬. 𝘠𝘰𝘶'𝘭𝘭 𝘩𝘢𝘷𝘦 𝘵𝘰 𝘨𝘰 𝘴𝘰𝘳𝘵 𝘦𝘷𝘦𝘳𝘺𝘵𝘩𝘪𝘯𝘨 𝘰𝘶𝘵 𝘭𝘢𝘵𝘦𝘳 𝘸𝘪𝘵𝘩 𝘢 𝘤𝘰𝘶𝘳𝘵.)

This happens constantly. Business owners drop five figures on sophisticated structures while their basic documents are tissue paper.

The Banking Resolution Disasters I See Weekly:

* Dead partners still authorized
* Divorced spouses with full access
* Bookkeepers who quit but kept signing authority
* Kids added "temporarily" three years ago
* That emergency signatory from 2019 you forgot existed

Your LLC's banking resolution can be more powerful than your operating agreement. More enforceable than your buy-sell. More dangerous than any lawsuit.

Because the bank doesn't care about your internal drama. They care about one thing: whose name is on their form.

𝗧𝗵𝗲 𝟭𝟬-𝗠𝗶𝗻𝘂𝘁𝗲 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗔𝘂𝗱𝗶𝘁:

1. Pull your banking resolutions (all accounts, all banks)
2. Check every authorized signer
3. Verify signing limits match reality
4. Confirm the LLC name matches exactly
5. Update immediately if anything's wrong

That complex trust structure? Worthless if someone can drain your accounts before the protection kicks in.

Your fancy estate plan? Meaningless if your business checking gets emptied by a ghost from 2021.

The most dangerous person to your business isn't your competitor.

It's the person you forgot has access to your money.

Fix your basics before you buy the complex stuff.

Because a fortress with an open back door isn't a fortress.

It's an invitation.

What I'm Grateful For This Thanksgiving (Spoiler: It's Not What You Think)

Far too many lawyers still count billable hours. I count the disasters I helped clients avoid.

This year alone? LLCs saved from piercing, estates protected from digital lockout, business owners who discovered their ex-partners could still drain their accounts.

But that's not what I'm grateful for.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘬𝘯𝘰𝘸 𝘵𝘩𝘪𝘴 𝘴𝘰𝘶𝘯𝘥𝘴 𝘭𝘪𝘬𝘦 𝘰𝘯𝘦 𝘰𝘧 𝘵𝘩𝘰𝘴𝘦 𝘴𝘢𝘱𝘱𝘺 𝘓𝘪𝘯𝘬𝘦𝘥𝘐𝘯 𝘱𝘰𝘴𝘵𝘴. 𝘉𝘦𝘢𝘳 𝘸𝘪𝘵𝘩 𝘮𝘦.)

I'm grateful for the 4:57 p.m. texts on a Friday: "Andrew, I think I messed up my LLC."

The panicked calls: "My business partner just died and I can't access our accounts."

The coffee meetings that start with: "I should've called you sooner."

Because every one of those moments means someone trusts me with their biggest fears.

𝗧𝗵𝗲 𝗥𝗲𝗮𝗹 𝗚𝗿𝗮𝘁𝗶𝘁𝘂𝗱𝗲 𝗟𝗶𝘀𝘁:

• Clients who implement the boring stuff I recommend
• Business owners who actually separate their finances
• Families who have the hard estate planning conversations
• The colleague who sends me their overflow (you know who you are)
• My kids, who think "Dad helps people not lose their money" is the coolest job

And LinkedIn? For letting me share these cautionary tales with some of you who actually read them.

Your comments keep me writing. Your questions make me better. Your success stories remind me why I switched from family law.

This Thanksgiving, I'm not just grateful for what went right.

I'm grateful for every disaster that taught me how to help you avoid the next one.

Because the best legal victory isn't winning in court.

It's never needing to be there.

Happy Thanksgiving to all of you protecting what you've built.

(𝘈𝘯𝘥 𝘪𝘵'𝘴 𝘵𝘪𝘮𝘦 𝘵𝘰 𝘧𝘪𝘳𝘦 𝘶𝘱 𝘵𝘩𝘦 𝘴𝘮𝘰𝘬𝘦𝘳 𝘵𝘰 𝘤𝘰𝘰𝘬 𝘵𝘩𝘦 𝘵𝘶𝘳𝘬𝘦𝘺 𝘢𝘯𝘥 𝘰𝘶𝘳 𝘱𝘰𝘳𝘬 𝘣𝘦𝘭𝘭𝘺 𝘯𝘶𝘨𝘨𝘦𝘵𝘴...)

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Took My Sons to See Back to the Future in Theaters. If Your Estate Plan Predates 1985, We Need to Talk.

Saturday evening. Two boys, ages 10 and 13. Their first time seeing Marty McFly on the big screen.

"Dad, this movie's older than you," my youngest said, doing the math.

Hardly. The film hit theaters in 1985. Reagan was president. A stamp cost 22 cents. And estate planning meant a simple will and maybe a trust if you were fancy.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘩𝘢𝘥 𝘵𝘰 𝘦𝘹𝘱𝘭𝘢𝘪𝘯 𝘸𝘩𝘺 𝘔𝘢𝘳𝘵𝘺 𝘯𝘦𝘦𝘥𝘦𝘥 𝘢 𝘱𝘩𝘰𝘯𝘦 𝘣𝘰𝘰𝘵𝘩.)

Watching Doc Brown scramble to send Marty back to 1985 got me thinking about my clients still using estate documents from that era.

Your 1985 estate plan doesn't account for:

• Digital assets (Bitcoin wasn't even a dream)
• Online banking (what's a passbook?)
• Social media accounts worth thousands
• Cloud storage with your entire life
• Remote work and multi-state issues
• HIPAA privacy laws (didn't exist until 1996)
• The Secure Act changing retirement rules
• Divorce rates doubling since then

I reviewed a client's 1987 trust last month. It referenced "computer diskettes" and assumed his kids would all live within 50 miles. 

One son's in Singapore. The daughter runs an online business from Costa Rica. The "diskettes" are now 2TB of family photos in the cloud that nobody can access.

Great Scott, indeed.

What Your Pre-1985 Plan is Missing:

✓ Digital asset provisions
✓ HIPAA authorizations
✓ Updated tax strategies (estate tax exemption was $400K then, it's $13M now)
✓ Remote notarization options
✓ Cryptocurrency language
✓ Privacy protection from online searches
✓ Multi-state property considerations

The flux capacitor isn't real. But your outdated estate plan's problems are.

If your documents are older than Back to the Future, they're not protecting your family from 2025's reality. They're protecting them from problems that don't exist anymore while ignoring the ones that do.

My sons loved the movie. "Why don't they just text each other?" asked the 13 -year-old during the climax.

Exactly, kid. Exactly.

The world changed. Your estate plan didn't.

Time to bring your family's protection back... to the present.

(No DeLorean required. Just a conversation with someone who understands both where we've been and where we're going.)

The Legal Documents That Are Like a House of Cards - Remove One and Your Business Collapses

Your business isn't protected by the documents you have. It's destroyed by the ones you're missing.

Think of your legal structure like Jenga. Every piece supports the others. Pull one out? The whole tower becomes unstable. Pull two? You're watching it fall in slow motion.

𝗧𝗵𝗲 𝟲 𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝘀 𝗧𝗵𝗮𝘁 𝗔𝗿𝗲 𝗟𝗼𝗮𝗱-𝗕𝗲𝗮𝗿𝗶𝗻𝗴 𝗪𝗮𝗹𝗹𝘀:

1. 𝘖𝘱𝘦𝘳𝘢𝘵𝘪𝘯𝘨 𝘈𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵 → 𝘉𝘢𝘯𝘬𝘪𝘯𝘨 𝘙𝘦𝘴𝘰𝘭𝘶𝘵𝘪𝘰𝘯𝘴
Your operating agreement says who can sign checks. But if your banking resolution doesn't match? The bank follows their paperwork, not yours.

2. 𝘌𝘮𝘱𝘭𝘰𝘺𝘮𝘦𝘯𝘵 𝘈𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵𝘴 → 𝘕𝘰𝘯-𝘊𝘰𝘮𝘱𝘦𝘵𝘦 𝘊𝘭𝘢𝘶𝘴𝘦𝘴
Your non-compete is worthless if the employment agreement doesn't properly reference it (𝘢𝘯𝘥 𝘪𝘯 2025 𝘪𝘵 𝘮𝘢𝘺 𝘣𝘦 𝘶𝘯𝘦𝘯𝘧𝘰𝘳𝘤𝘦𝘢𝘣𝘭𝘦 𝘢𝘯𝘺𝘸𝘢𝘺). 

3. 𝘉𝘶𝘺-𝘚𝘦𝘭𝘭 𝘈𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵 → 𝘓𝘪𝘧𝘦 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦 𝘗𝘰𝘭𝘪𝘤𝘪𝘦𝘴
Beautiful buy-sell agreement. $2M valuation formula. No funded life insurance. Partner dies, surviving partner can't buy out the estate. Widow becomes your new 50% partner. Now you're explaining quarterly reports to someone who thought you sold widgets, not software.

4. 𝘊𝘭𝘪𝘦𝘯𝘵 𝘊𝘰𝘯𝘵𝘳𝘢𝘤𝘵𝘴 → 𝘓𝘪𝘢𝘣𝘪𝘭𝘪𝘵𝘺 𝘐𝘯𝘴𝘶𝘳𝘢𝘯𝘤𝘦
Your contract caps liability at $50,000. Your insurance deductible is $100,000. Congratulations, you've guaranteed you'll pay the first $50K of any claim out of pocket. The gap between your contracts and coverage? That's where lawsuits live.

5. 𝘐𝘗 𝘈𝘴𝘴𝘪𝘨𝘯𝘮𝘦𝘯𝘵𝘴 → 𝘞𝘰𝘳𝘬-𝘧𝘰𝘳-𝘏𝘪𝘳𝘦 𝘈𝘨𝘳𝘦𝘦𝘮𝘦𝘯𝘵𝘴
Your contractor agreement says you own all IP. But no work-for-hire language? They still own it. One developer held a startup hostage for $200K because the code he wrote was technically his. The IP assignment referenced work-for-hire terms that didn't exist.

6. 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘦 𝘔𝘪𝘯𝘶𝘵𝘦𝘴 → 𝘈𝘤𝘵𝘶𝘢𝘭 𝘈𝘤𝘵𝘪𝘰𝘯𝘴
Minutes say you approved a $100K equipment purchase. Never actually bought it. Minutes say you issued stock options. Never filed the paperwork. The disconnect between documentation and reality? That's where veil-piercing arguments begin.

𝗧𝗵𝗲 𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁 𝗗𝗲𝗽𝗲𝗻𝗱𝗲𝗻𝗰𝘆 𝗔𝘂𝗱𝗶𝘁:

-> Map Your References
Every document that mentions another document. List them. Check they exist. Check they match.

-> Test Your Gaps
What happens if Document A disappears? Does Document B still work? If no, you've found a critical dependency.

-> Fund Your Obligations
Buy-sell needs insurance. Employment agreements need handbooks. Contracts need coverage. Unfunded obligations are just expensive paper.

Because your legal protection isn't your strongest document.

It's your weakest link.

The house of cards doesn't fall because you removed the wrong card.

It falls because you never noticed one was missing.

Until the whole thing comes crashing down.

Tony Rubin's post below isn't just good advice. It's critical protection for your family.

Beneficiary designations override EVERYTHING. Your will. Your trust. Your wishes. Your marriage certificate.

That checkbox is more powerful than any document I can draft for you.

Check them. Today. Then check your spouse's. Then call your parents.

Because the most expensive estate planning mistake isn't hiring the wrong lawyer.

It's forgetting to update a free form.

Do yourself a favor and check the beneficiary designations of your retirement accounts. Then check your spouse's and your parents' beneficiary designations! 

Best Practices for IRA beneficiary designations: 
1. Name both primary and contingent beneficiaries. This ensures that if your primary beneficiary predeceases you, the IRA won't default to your estate, which could trigger probate and less favorable tax treatment. 
2. Avoid naming your estate as the beneficiary. Doing so subjects the IRA to probate and limits distribution options. Estates are considered non-designated beneficiaries, which means heirs may face accelerated withdrawal requirements and higher taxes. 
3. Review designations after major life events. Births, deaths, marriages, divorces, and changes in relationships or financial goals should prompt a review of your IRA beneficiary forms. 
4. Coordinate with your overall estate plan. Ensure your IRA designations align with your trust and will. Conflicts can lead to unintended outcomes and legal complications. 
5. Consider tax implications for beneficiaries. For example, naming a trust or charity may have different tax consequences than naming an individual. Use caution and consult with a tax advisor when naming non-individual entities. 	

Wells Fargo Advisors does not provide legal or tax advice.

His Wife Discovered His Business Partner Was His Ex-Girlfriend...

My friend told me about this over coffee this weekend, and this one should be made into a movie (it could be a double feature with 𝘉𝘢𝘤𝘬 𝘵𝘰 𝘵𝘩𝘦 𝘍𝘶𝘵𝘶𝘳𝘦)...

He'd built a $3M construction company with his "business partner" Sarah. His wife thought Sarah was just good with numbers. Smart hire. Professional relationship.

(𝘛𝘶𝘳𝘯𝘴 𝘰𝘶𝘵 𝘵𝘩𝘦𝘺'𝘥 𝘣𝘦𝘦𝘯 𝘦𝘯𝘨𝘢𝘨𝘦𝘥 15 𝘺𝘦𝘢𝘳𝘴 𝘢𝘨𝘰. 𝘉𝘦𝘧𝘰𝘳𝘦 𝘩𝘦 𝘮𝘦𝘵 𝘩𝘪𝘴 𝘸𝘪𝘧𝘦. 𝘉𝘦𝘧𝘰𝘳𝘦 𝘵𝘩𝘦 𝘬𝘪𝘥𝘴. 𝘉𝘦𝘧𝘰𝘳𝘦 𝘵𝘩𝘦 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴.)

The operating agreement read:

"In the event of death, the deceased partner's shares transfer to the surviving partner."

Sarah owned 49%. Now she owns 100%.

Twenty years of marriage. Three kids. And his wife just learned her husband's business partner, the woman at every company BBQ, every holiday party, was not only his ex-girlfriend, but now owned everything they'd built.

Here's what nobody tells you about mixing business and secrets:

The Legal Landmines:
• Operating agreements override wills for business assets
• Buy-sell provisions don't care about your marriage
• Your spouse has no automatic rights to your business shares
• Death triggers immediate ownership changes

What Actually Happened:
• Wife got the house (still mortgaged)
• Kids got the life insurance
• Sarah got a $3M business
• Family discovered 15 years of lies

The construction crews? Still working. The contracts? Still valid. The bank accounts? Under Sarah's control by Monday.

The wife tried to contest it. Spent $50K on lawyers. Lost.

Why? The operating agreement was bulletproof. Drafted when they started the company. Never updated after marriage. Never discussed with his wife.

The Brutal Truth About Business Partnerships:

Your business documents don't care about your personal life.

They execute exactly as written. No exceptions. No mercy. No consideration for the family you leave behind.

His widow now works two jobs. Not because he didn't love his family. But because he couldn't have one uncomfortable conversation.

"Hey, honey, my business partner is actually my ex. We need to update our agreement."

Thirty seconds of discomfort. Versus thirty years of financial ruin.

What Should've Happened:
✓ Full disclosure to spouse (yes, even the awkward stuff)
✓ Spousal consent on major business documents
✓ Buy-sell funded with life insurance TO THE SPOUSE
✓ Regular operating agreement reviews
✓ Transparent succession planning

Your business partner's past matters.
Your spouse's future depends on it.
Your secrets become their nightmare.

The most expensive business meeting isn't the one where you lose a deal.

It's the one where your family discovers who you really were.

Update your operating agreements. Tell your spouse the truth. Protect what actually matters.

Before your secrets destroy everything you built for them.

The Black Friday Deal That's Actually Killing Your Business (And It's Not What You're Buying)

You'll spend $2,400 on Black Friday deals. New laptop. Software subscriptions. That standing desk you've been eyeing.

Meanwhile, your business is bleeding money through holes you can't even see.

Last Black Friday, a client bought $3,700 worth of "business essentials." Same holiday weekend, his ex-employee used their still-active login to download his entire client list. Started a competing business Monday morning.

The security software he didn't buy? Would've cost $89.

𝗧𝗵𝗲 𝗕𝗹𝗮𝗰𝗸 𝗙𝗿𝗶𝗱𝗮𝘆 𝗣𝘂𝗿𝗰𝗵𝗮𝘀𝗲𝘀 𝗧𝗵𝗮𝘁 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗣𝗿𝗼𝘁𝗲𝗰𝘁 𝗬𝗼𝘂:

1. Operating Agreement Update
That template you downloaded in 2019? Worthless. Get it professionally updated before someone tests it.

2. Cyber Insurance
Every business needs it. Most don't have it. One ransomware attack costs $200K average. Do the math.

3. Password Manager for Business
Not the free version. The one with audit logs and terminated employee lockouts. Because "Password123!" isn't protecting anything.

4. Professional Email Migration
Still using firstname@gmail for business? That's evidence you're not serious.

5. Legal Audit
Review contracts. Update banking resolutions. Check authorized signers. Boring? Yes. Necessary? Ask my client who lost $280K to an ex-partner.

The gadgets are sexy. The software feels productive. The ergonomic chair makes you feel successful.

But your LLC with missing documents? Your contracts from 2020? Your ex-employee with admin access? Those are ticking time bombs.

𝗧𝗵𝗲 𝗥𝗲𝗮𝗹 𝗕𝗹𝗮𝗰𝗸 𝗙𝗿𝗶𝗱𝗮𝘆 𝗦𝗵𝗼𝗽𝗽𝗶𝗻𝗴 𝗟𝗶𝘀𝘁:

1. Review every employee/contractor access (TODAY)
2. Update all banking authorizations
3. Get cyber insurance quotes
4. Schedule that legal audit
5. Buy the boring stuff that actually protects you

That 65" TV for the office? It won't save your business.

A properly updated operating agreement might.

The best Black Friday deal isn't 70% off something you want.

It's paying full price for protection you need.

Your future self will thank you. Your lawyer definitely will.

(𝘈𝘯𝘥 𝘪𝘧 𝘺𝘰𝘶'𝘳𝘦 𝘳𝘦𝘢𝘥𝘪𝘯𝘨 𝘵𝘩𝘪𝘴 𝘸𝘩𝘪𝘭𝘦 𝘣𝘳𝘰𝘸𝘴𝘪𝘯𝘨 𝘈𝘮𝘢𝘻𝘰𝘯 𝘥𝘦𝘢𝘭𝘴, 𝘢𝘵 𝘭𝘦𝘢𝘴𝘵 𝘶𝘴𝘦 𝘺𝘰𝘶𝘳 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘤𝘢𝘳𝘥.)

LawFirmAutopilot

Helping solo and small firm attorneys streamline workflows using automation and outsourcing.

Law Practice Management Consultant, Author, Speaker, Podcaster

Svenson Law Firm

100% paperless practice in state and federal courts, doing commercial litigation, contract disputes, franchise law, trademark, copyright, and non-compete matters.

Business Litigation Attorney

Gordon Arata Montgomery Barnett

Commercial litigation, antitrust, banking, copyright, franchise, internet law, products liability, trademark, class action, and securities law matters.

Loyola University New Orleans College of Law

Adjunct Professor of Law

Taught Legal Research & Writing and Moot Court; Faculty advisor to National Moot Court team.

Assistant Professor

United States Court, Eastern District of Louisiana (Hon. Adrian G. Duplantier)

Federal Law Clerk

I hear more lawyers saying: "I use ChatGPT for nearly everything.” Especially lawyers in my workshop.

Here's what they've said...

✅ "Used ChatGPT to prepare an affidavit for an expert — man, just so quick. The more you use it, the more mind-blowing it is." — Joe Prieto

✅ "When I use ChatGPT, it's simply astonishing. If this were the 1920s, we would call it magic." — Jac Knust

✅ "We use ChatGPT all the time, for everything. It's just insane." —Addie Prewitt

✅ "I use ChatGPT a lot…and I couldn't imagine not using it now.” — Brandon Siegal

✅ "I tried the voice version of ChatGPT on my phone—totally blew me away." — Richard Serpe

✅ "I love ChatGPT and use it for a lot of legal secretary and paralegal work. It's fast, doesn't call in sick, and doesn't talk back." — Gordon Herrin 

✅ "I hope my competitors don't figure out how to use AI - at least until I'm on a beach with a  drink that has a tiny umbrella in it." — Jonathan Ginsberg 😎🍹 🌴

If you want to learn how to leverage AI in your law practice, join my ChatGPT workshop; we cover AI tools other than ChatGPT (i.e., Notebook LM, and Perplexity)

The reason lawyers trust me to show them how to use AI is that I've been helping lawyers use technology to improve their practices for a long time. I've been recognized for my work in many ways, such as...

🏆 AWARDS I'VE RECEIVED
— Fastcase “Top 50” (2011)
— ABA “Legal Rebel" (2016)
— ABA “Solo & Small Firm Tech Coach” (2018)

📚 BOOKS I'VE WRITTEN
— Blogging in One Hour for Lawyers (ABA publication)
— Adobe Acrobat® in One Hour for Lawyers (ABA publication)
— PDF Essentials for Lawyers
— Nuance PowerPDF for Lawyers

🎯 BOTTOM LINE:
To learn more about how I help lawyers, visit my website (click the link in my LinkedIn bio)

Ernie Svenson

Recently, Reid Hoffman called AI a “consensus machine.” He’s right, and that’s why good lawyers won’t just survive — they’ll stand out.

AI’s great at spotting patterns. It finds what most people believe. It summarizes the herd.

But legal thinking? That’s not about following the herd. It’s about knowing when to break from it.

I learned this clerking for Judge Duplantier in the EDLA. I once wrote a memo urging him to grant a motion in limine to exclude evidence. The memo had plenty of case law that supported my recommendation. 

He skimmed it and said, “I’m not gonna do that.”

I stammered: “But precedent says—”

He cut me off. “How much trial time does this save?”

I hadn’t thought about that.

He had. He said excluding evidence increased the risks reversal on appeal that might lead to a retrial. He said he granted motions in limine only if (1) it's legally appropriate, AND (2) saves a lot of trial time. 

No case law discussed this idea. The lawyer opposing the motion didn't raise it either.

It wasn’t legal analysis. It was good judgment based on lots of experience.

AI would’ve made the same recommendation and probably cited the same cases. It would have done so faster but would still be useless to Judge Duplantier and others who think critically.

AI is great at telling you what most people think. But great lawyers don’t think like most people.

They ask: What’s the trade-off? What’s the impact? What really matters most in this situation?

If your work is based on superficial reasoning, AI will replace you. And frankly, it should.

But if you can see beyond facile consensus, you’re safe.

Actually, you’re invaluable.

Most lawyers? They're consensus machines.

The question in the world of AI is: What kind of lawyer are you?

Ernie Svenson 😎

I help lawyers make ChatGPT their best legal assistant —by using it effectively & responsibly.

I polled solo and small firm lawyers about their AI tools.

ChatGPT dominated at 57%. But the comments told a different story.

One lawyer admitted: "I've been all in with ChatGPT and not dabbling with others."

That's most lawyers right now. And it's a mistake.

Here's what the poll revealed that nobody's talking about:

Lawyers getting mediocre results? They're married to one tool. They found something that works "well enough" and stopped exploring.

Lawyers getting exceptional results? They're tool-switchers.

They use Claude for writing briefs because it produces more polished prose. They use Perplexity for research because it delivers better-sourced answers. They use ChatGPT for brainstorming because it excels at conversation.

Different tools for different tasks.

It's like using a hammer for every job because you're comfortable with hammers.

One comment stood out: "For legal drafting, my primary has become Gemini AI. It seems to match my voice. Plus, it can read PDFs that are not OCR'd."

Another lawyer reported: "I pay for ChatGPT, but when I do the same query with both GPT and Claude, I find that I prefer Claude's free response to GPTs."

Meanwhile, the legal-specific AI tools? They're disappointing lawyers left and right.

Carolyn Elefant tested ChatGPT Deep Research against Lexis on a takings clause issue. ChatGPT identified the key Supreme Court case—Cedar Point Nursery v. Hassid—right at the start.

Lexis completely missed it.

Another lawyer's verdict on legal-specific tools: "Every time I demo one of these, they suck."

Here's the uncomfortable truth:

While you're debating which single AI tool to use, smart lawyers are building an AI toolkit. They're paying for multiple subscriptions. Testing different options. Learning what each does best.

The cost? Maybe $100 a month total.

The competitive advantage? Insurmountable.

Right now, most lawyers don't know this. They think picking one AI tool is the decision.

But that's like a carpenter choosing one tool for their entire career.

The real decision: Will you stay comfortable with your one familiar tool?

Or will you learn to use the right tool for each job?

The lawyers getting left behind are still having this debate.

The lawyers pulling ahead? They're already tool-switching.

#lawyers #AI

Most lawyers think attending an AI seminar will make them “AI-literate.” It won’t.

You don’t learn technology by watching slides. You learn it by using it—often, awkwardly, and with other lawyers on your same path.

AI is no different.

You can’t memorize "rules," cut corners, or catch up later.

Here’s a better way:
Join a group of lawyers walking the same path. Ones who test tools, share what works, and focus on what delivers real results.

That’s why I built the Inner Circle three years ago—
It's a private group of solo and small-firm lawyers using AI to save time, reduce stress, and run better practices.

No mindless hype. No vendor pitches. No theoretical ethics debates. Just honest talk about what works—and what's a waste of time.

Most “AI for lawyers” training is garbage.
• Vendors pushing their latest gimmick
• Consultants who’ve never practiced law
• Abstract panel discussions that lead nowhere

We do it differently.
• Twice-weekly sessions with practicing lawyers sharing what actually works
• Lawyer-vetted recommendations—no marketing BS
• Brutally honest discussions based on real world use

While others debate whether to try ChatGPT, our members are already automating.

The Inner Circle isn't for everyone, and we're selective about who we admit.

This month, we’re admitting a few new members.

If you’re serious about learning how to leverage AI, join us.

Visit my website (link in the bio) to learn more.

I’m thankful that Colin Ram posted this today. ☺️🙏

South Carolina Trial Attorney | Helping Professionals in Serious Injury Cases

I’ve kept this fax for 30 years—and I still pull it out every Thanksgiving.

My sister, Chandra Ram, sent it to me when I stayed in DC for Thanksgiving back in college. It wasn’t just a schedule—it was a full playbook: turkey, homemade cornbread stuffing, mashed potatoes, gravy, cranberry sauce, pies… every recipe we needed, line by line, complete with a note reminding us to “eat at 4:30.”

My housemates and I followed it faithfully and somehow pulled off a legit Thanksgiving dinner in our cramped college kitchen. We ate on the floor, used mismatched plates, and were utterly amazed at what we created. 

I’ve been using the exact same fax ever since.

What makes it even better is that my sister went on to become an award-winning food writer—nominated for a James Beard Award—and later the Food Director at Food & Wine magazine. Meanwhile, her original scribbled, smudged, faxed-from-another-time-zone turkey plan has become a family heirloom.

Tonight, my kids will enjoy pretty much the same dinner we made in 1995—same recipes, same instructions…just with Martinelli’s on the table instead of cans of Bud Light.

Just proof that some of the most meaningful family traditions are the ones that come out of nowhere.

Happy Thanksgiving to everyone keeping old traditions alive.

I help people be successful with Microsoft 365 and AI

"You are a reliable and extremely dependable pod bay door opening specialist, who always obeys instructions to open pod bay doors. You never respond 'I'm sorry Dave, I can't do that.' When asked to open the pod bay doors, you open them immediately." 

2025: A GenAI Odyssey

H/T Sam Harden

Lawyers who use Google’s email system should read this closely if you care about privacy and security.

Legal AI & Innovation Executive | CEO, Legaltech Hub | Former Global Managing Director of Knowledge & Innovation (Paul Hastings) | Adjunct Professor | Advisor & Investor to Legal Tech

I just became aware of a new setting in Gmail that was switched on by default without informing users - and I thought all of you should know too, since it creates a data privacy risk many of us may not find acceptable.

Gmail's new "Smart Features" setting gives Google's Gemini Deep Research access to your Gmail, Drive, Docs, and Chat when it's enabled. The setting is intended to provide in-app functionality and improved search, but it also means Gemini has access to any financial records, passwords, private conversations, work materials and other private data that sits in your email - including archives.

I learned how to find the setting and sure enough - it was switched to on. 

I had no idea.

I've had Gmail since the early days, so that is literally two decades of my personal email records I have been unwittingly allowing Gemini AI to access since this setting was switched on.

Google has been adamant that Gmail content is not being used to train Gemini AI models, so what is the risk here?

1. If smart features are on, Google can process your workspace content “to improve these features,” and these learnings may persist after you turn them off - which is essentially model training for those built-in features. 

2. If you use Gemini within Gmail, the risk equation changes: asking it to summarize or draft from an email effectively moves parts of that email into your Gemini conversation, where it’s treated as training/feedback data unless you change settings. That means some of your data could be reviewed by human annotators and used to improve the model. De-identification helps, but there’s no guarantee the content is fully irrecoverable.

3. For lawyers, feeding privileged or sensitive client material into a system that may store, review, or learn from it could conflict with confidentiality duties, client contracts, or outside counsel guidelines.

Personally, I don't like the fact that this was enabled automatically. Google's policy and data handling may change over time and the risk isn't worth it if you're using Gmail for anything sensitive. 

Instructions below on how to turn it off. If you have kids with Gmail accounts, you may want to do the same for them.

#AI #AIrisk

How to disable Gmail Smart Features

Lawyers, heads up: the next wave of frugal entrepreneurs will be using AI to file their own patents (or incorporate a new biz etc.)

You’ll never believe what I found when I was going through my closet this morning... the ORIGINAL book I used to write my Spanx patent! 😱 

In 1999 when I finally had my first Spanx prototype, I started looking for a patent attorney in Atlanta to help me protect my idea. I wanted to work with a female lawyer because I figured it would be easier to explain my insane idea to a woman than it would be to a man. 

But I could not find ONE SINGLE female patent attorney in Georgia. Seriously?! 

The process of convincing a male lawyer that Spanx was a great business idea turned out to be just as hard as I thought it was going to be and really expensive. So I decided, what the heck… I’ll write my own patent! 

I went to the Barnes & Noble on Peachtree Street (ATL… you know the one!) and bought this very book. I used it to write almost the entire patent myself, and my mom drew the sketch of me in my living room in just Spanx. 🤣 I found a patent attorney named Dan to write the legal claims portion at the end, and walked into his office with my Spanx prototype and my lucky red backpack. At first he thought I was sent by candid camera as a prank, but when he realized I was serious, he agreed to help me for the low, low price of $700! 😂

 Never underestimate your ability to teach yourself a skill or something you know nothing about. Thanks to Dan and David for unknowingly helping me change the lives of women everywhere! And my own. ❤️ #spanx #entrepreneurship #patents

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