Re: Texas attorney that you have used for a trust
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Atomic Lab Rat</div><div class="ubbcode-body">What I said was that a dealer should not prepare or provide a trust form for his customers. I thought that was abundantly clear from the quoted text.
If you want to use Quicken or Legal Zoom or do your own trust from scratch, that is fine. It is a free country as I have always said so.
I do not use scare tactics to sell my trusts. Call me, I will tell you that on the phone.
Hoopster is preparing or providing a trust for for his customers. If something went wrong, he will be liable and get to pay for his screwups. It is also close to UPL. If he actually prepares the trust for a customer and isn't a lawyer, it is UPL which is a criminal act.
That is simple. Its bad practice for a dealer to do this on the dealer's side becasue it is a liability that the dealer simply doesn't need.
If the customer doesn't want to hire a lawyer to prepare a trust, he can do one himself. If you read my posts which have been conveniently quoted, I never say that the customer cannot do a trust through legal zoom, quicken or go to the law library and get a form out of a practice manual.
If I prepare a trust for you, I am available to answer your questions, deal with the ATF if there is an issue regarding the trust, deal with your dealer if he belives that a trust isn't a valid form of NFA ownership, help with your forms and generally be a phone call or an email away if you have a concern.
If you don't want to pay me to prepare a trust, that is fine. Hoopster's problem is that I criticised his povision of a trust form on several levels.
1. Dealer liability
2. Unauthorized Practice of Law
3. Even if that trust form is valid in Alabama or wherever he is, that doens't mean that it is valid in all fifty dates and Hoopster is putting it out with the insinuation that becasue his lawyer told him it was good in Alabama, everyone should feel free to use it in whatever state tey want to use it in.
Hoopster, instead of considering the potential that he is doing his fellow forum members a dis-service and practicing law without a license, decided to take my comments as condescending. Hoopster's ego simply refuses to accept the possibility that what he is doing is ignorant from a businessman's standpoint nd ossibly illegal in his state.
Since I am not a lawyer in his state, I do not know for sure that what he is doing is illegal in his state. In Texas a non-lawyer dealer who prepares a trust for a customer is practicicing law without a license.
Since I am a lawyer and I am familiary with general tort law, I can say that Hoopster is opening himself up to a lawsuit if something ever went wrong and I don't understand why he or any dealer would do that when even if he hates all lawyers (except his pet lawyer), why he doesn't just tell his customers to use legal zoom or quicken and remove the possiblity of a lawsuit?
Hell, he could stock quicken willmaker in his store if he wanted to.
But this is an ego issue for Hoopster. He has backed himself into a corner and cannot admit that he may be wrong. He thought he could come over to another forum and run his mouth and that I wouldn't call him on his antics.
Well that didn't work out so well. </div></div>
Sounds to me like Hoopster wasnt doing the trusts for them. I took it as he is offering a link on a website to get the download for the forms, you fill in your own info and print it out.
Or maybe you should mind your own business and let Hoopster do his thing. If he gets in trouble thats his burden, not yours. Are you a federal investigator, police officer, ATF agent, FBI ?
I think not.....
So If I live in Texas and make my own trust and Im not a lawyer how is that any different then a dealer making one? That seems like a lot of grey area to me. And you are right your not a lawyer in his state and Im pretty sure Texas laws and his states laws dont mesh. I dont think you as a Texas lawyer, have any grounds to offer broad advise to a board of people that live all over the country. our state laws are all different and what happens if YOU give someone the wrong advice and they come after you?!?
This situation could have been resolved if you had come in here as a firearms enthusiast instead of a lawyer.....
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Atomic Lab Rat</div><div class="ubbcode-body">What I said was that a dealer should not prepare or provide a trust form for his customers. I thought that was abundantly clear from the quoted text.
If you want to use Quicken or Legal Zoom or do your own trust from scratch, that is fine. It is a free country as I have always said so.
I do not use scare tactics to sell my trusts. Call me, I will tell you that on the phone.
Hoopster is preparing or providing a trust for for his customers. If something went wrong, he will be liable and get to pay for his screwups. It is also close to UPL. If he actually prepares the trust for a customer and isn't a lawyer, it is UPL which is a criminal act.
That is simple. Its bad practice for a dealer to do this on the dealer's side becasue it is a liability that the dealer simply doesn't need.
If the customer doesn't want to hire a lawyer to prepare a trust, he can do one himself. If you read my posts which have been conveniently quoted, I never say that the customer cannot do a trust through legal zoom, quicken or go to the law library and get a form out of a practice manual.
If I prepare a trust for you, I am available to answer your questions, deal with the ATF if there is an issue regarding the trust, deal with your dealer if he belives that a trust isn't a valid form of NFA ownership, help with your forms and generally be a phone call or an email away if you have a concern.
If you don't want to pay me to prepare a trust, that is fine. Hoopster's problem is that I criticised his povision of a trust form on several levels.
1. Dealer liability
2. Unauthorized Practice of Law
3. Even if that trust form is valid in Alabama or wherever he is, that doens't mean that it is valid in all fifty dates and Hoopster is putting it out with the insinuation that becasue his lawyer told him it was good in Alabama, everyone should feel free to use it in whatever state tey want to use it in.
Hoopster, instead of considering the potential that he is doing his fellow forum members a dis-service and practicing law without a license, decided to take my comments as condescending. Hoopster's ego simply refuses to accept the possibility that what he is doing is ignorant from a businessman's standpoint nd ossibly illegal in his state.
Since I am not a lawyer in his state, I do not know for sure that what he is doing is illegal in his state. In Texas a non-lawyer dealer who prepares a trust for a customer is practicicing law without a license.
Since I am a lawyer and I am familiary with general tort law, I can say that Hoopster is opening himself up to a lawsuit if something ever went wrong and I don't understand why he or any dealer would do that when even if he hates all lawyers (except his pet lawyer), why he doesn't just tell his customers to use legal zoom or quicken and remove the possiblity of a lawsuit?
Hell, he could stock quicken willmaker in his store if he wanted to.
But this is an ego issue for Hoopster. He has backed himself into a corner and cannot admit that he may be wrong. He thought he could come over to another forum and run his mouth and that I wouldn't call him on his antics.
Well that didn't work out so well. </div></div>
Sounds to me like Hoopster wasnt doing the trusts for them. I took it as he is offering a link on a website to get the download for the forms, you fill in your own info and print it out.
Or maybe you should mind your own business and let Hoopster do his thing. If he gets in trouble thats his burden, not yours. Are you a federal investigator, police officer, ATF agent, FBI ?
I think not.....
So If I live in Texas and make my own trust and Im not a lawyer how is that any different then a dealer making one? That seems like a lot of grey area to me. And you are right your not a lawyer in his state and Im pretty sure Texas laws and his states laws dont mesh. I dont think you as a Texas lawyer, have any grounds to offer broad advise to a board of people that live all over the country. our state laws are all different and what happens if YOU give someone the wrong advice and they come after you?!?
This situation could have been resolved if you had come in here as a firearms enthusiast instead of a lawyer.....
