James Montgomery » business lawyer http://jamesmontgomerylaw.com Business Lawyers Thu, 15 Jul 2010 21:36:30 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 San Antonio Business Lawyer http://jamesmontgomerylaw.com/san-antonio-business-lawyer http://jamesmontgomerylaw.com/san-antonio-business-lawyer#comments Fri, 11 Dec 2009 19:29:51 +0000 http://jamesmontgomerylaw.com/?p=6

“After taking business transactions apart in the courtroom for more than twenty years, clients (and opponents) began asking me to work on their transactions from the front and prevent the ten most common problems from ever occurring in the first place.”

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James Montgomery

James Montgomery

I am the San Antonio business lawyer who works with people in buying and selling businesses, planning for the future, and to get out of financial trouble.

For the last thirty years, I have tried cases for plaintiffs and defendants in State and Federal courts from California to Texas to Delaware. I have been the advocate for individuals and small companies as well as companies in the Fortune 100.  Those litigation cases have ranged from representing thousands of homeowners for broken plastic pipe in their homes to oil royalty disputes to breach of confidentiality agreements.

After literally taking business transactions apart in the courtroom for years, clients (and opponents) began asking me to work on the transactions from the beginning to try to prevent the problems from ever occurring.  In that stance, I have helped buyers and sellers in the sales of businesses ranging from large retail stores and manufacturing facilities to insurance agencies.  I have helped clients buy multi-million dollar, multi-story office buildings and and negotiate commercial lease agreements.

I work to improve the way my clients do business if that fits their goals.  I help design corporate structures and business transactions to increase profit, minimize taxes, and  make sure that assets are protected from lawsuits.  Having filed many suits and obtain judgments, I have learned where the potholes will be.

My business advice programs are based on regular review and meetings in order to get to know the client’s business and plans in more depth than is possible in the normal “hire a lawyer only when in trouble”.  It will cost a lot more for me to get you out of trouble than it would cost to keep you out of trouble in the first place.

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I have been named a SuperLawyer in Texas and featured in Texas Monthly.

My lawyer peers have granted me “AV” which is Martindale Hubbell’s (rating agency) highest peer rating for lawyers.

I have presented papers and spoken to audiences that range from service clubs to the State Bar of Texas Continuing Legal Education seminars. I was recently named Individual Finalist, San Antonio Ethics In Business Award, 2009 by the San Antonio Business Journal.

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]]> http://jamesmontgomerylaw.com/san-antonio-business-lawyer/feed 0 The Montgomery Letter January 5, 2010 http://jamesmontgomerylaw.com/the-montgomery-letter-january-5-2010 http://jamesmontgomerylaw.com/the-montgomery-letter-january-5-2010#comments Mon, 04 Jan 2010 00:38:04 +0000 http://jamesmontgomerylaw.com/?p=169 The Inheritance Tax Is Gone . . .
But For This Year Only
The inheritance tax completely went away as of January 1, 2010!  Unfortunately, the sunset provision will bring it back right now as of January 1, 2011.  With a vengeance as the credit drops to $1,000,000 per person from $3,500,000 in 2009.  The tax rate is also higher.
Write your Senator and let them know that you want them to pass the extension with the $3,500,000 credit and lower tax rate!

“What I learned from My Father, the Grifter -
A lifetime of lessons on money from a con man”
by Pat Jordan


The lessons in this article are a bit surprising given the source.

Keep your overhead (“your nut”) low. The less your monthly overhead, the less you have to make every month.  The less  you have to earn each month, the more potential freedom that you have.

My good friend Rob Minton puts it this way in his renegademillionaireblog.com:

“What it really seems to boil down to is:
If your “nut” is lower, you own your business.
If your “nut” is higher, your business owns you.

Or I can put this another way…
If your “nut” is lower, you can work less and enjoy life more.
If your “nut” is higher, you must work more and enjoy life less.

Bottom line – Your “nut” ultimately dictates how much happiness and freedom you’ll have in life.”

Think about it.  For every dollar in expense, you have to make at least two dollars to pay that expense.

How do you fire yourself?

What are the largest expenses you have?  Home loan and car loan?  What if you had them paid off?  What if you had non-work related income every month sufficient to pay those bills?  How would that change your life?

It is the New Year!  It is time to take action.  Change or expect the same result.

Kill Your Phone Remotely

Many of today’s most popular smartphones can be erased remotely if they are lost or stolen. Here’s how to do it.

Consider what you have on your phone . . . anything there you might not like to have some thief know?  Here is how to “kill your phone”.

Don’t Get Identity Theft Protection
Go Ahead – Roll The Dice!

I don’t know whether or not you have real identity theft protection – the kind that will repair your credit not just notify you if something is reported. Don’t get identity theft protection unless you value your security. This program covers fixing your problem, not just alerting you like almost all the ones advertised (and for only about $35 per month).  Makes a great employee benefit.  Can be paid before taxes.
Looking for a private investor that would be interested in buying out a client’s current investors on a $17k note.  The client is offering 12% and 2 points for a 1 year note.  It is on a current rental property  that the client has owned for 4 years.  If you or someone you know would like to know more, please email me at jemlaw@mac.com.

Interested in buying notes?
I am forming a group to buy to buy a note that will be secured by real estate and refinanced within one year.  Total will be about $400,000 in $50,000 pieces.  This notice is not an offer to participate.  If you want to know more, call me at 690-3700.
]]> http://jamesmontgomerylaw.com/the-montgomery-letter-january-5-2010/feed 0 The Montgomery Letter 12/1/09 http://jamesmontgomerylaw.com/the-montgomery-letter-12109 http://jamesmontgomerylaw.com/the-montgomery-letter-12109#comments Sun, 13 Dec 2009 18:04:41 +0000 http://jamesmontgomerylaw.com/?p=132
A Great Thanksgiving!
The day before Thanksgiving, we welcomed our fifth grandchild and fourth grandson into the world.  Brody Stoner arrived at 10 pounds and 22.4 inches long (tall?).
What a great way to do Thanksgiving!

You May Have Heard Me Joke That 2010 Would Be A Good Year To Die
If You Have To . . .
Navigating The Estate Tax

So much for the perfect year to die in. For most of this decade, the advice from estate planners has been clear: The best time to die is next year. That’s because the estate tax has been slated to disappear for 2010–falling to exactly zero for one year, then returning.

How Do Spammers Send From Your Email Address?
Spammers can send messages that pretend to come from anybody — that’s one of the tricks in the phishers’ toolbag, allowing them to forge messages “from” your bank. Not only that, but spammers can send email to your friends and business associates, while pretending to be you.

Identity Theft Protection

I don’t know whether or not you have real identity theft protection – the kind that will repair your credit not just notify you if something is reported.
Don’t get identity theft protection unless you value your security. This program covers fixing your problem, not just alerting you like almost all the ones advertised (and for only about $35 per month).
More Members Of Middle Class File For Bankruptcy
Staci Schubert’s career has taken her from New York to California, from graphic designer to website designer to sales executive. Most recently, she launched a business as a designer of handbags and accessories.

At 40 and with such accomplishments, Schubert is Middle Class America. She and her counterparts have long been the nation’s backbone, because their steady jobs and purchasing power have helped drive our economy.

Debt settlement negotiation could be an option.  Just call me to schedule a free needs analysis review.  690-3700

Dividend Stocks Deserve A Second Look

Most advisers know that stocks have provided investors with about a 10% rate of return over the past 100 years, but most don’t realize that 53% of the return has come from price appreciation and 47% from dividends. Dividends can provide a reliable source of cash flow that can be reinvested to promote compounding and dollar-cost averaging, or taken as income to support lifestyle.

I asked several of the financial advisors that I work with to make recommendations.  The regulatory review requirements prevent most from making recommendations but here are two suggestions:
From Kam M. Emerson

Agent / Owner

Allstate – The Emerson Group

210-826-0885

www.allstateagencies.com/051050

“If someone walked in my door today, depending on their age and timeframe I would go with one of the following two to start with:

1) American Funds All-Weather Foundation

group of 3 American Funds

40% AMCAP Fund

40% American Mutual Fund

20% The Bond Fund of America

The last time we saw a market close to what we just saw was ’73-’74.  This combination of funds survided that market and the subsequent market downturns.

They have a history of resilence and growth.

2) Prudential Variable or Fixed Annuity with HD Lifetime 6 Plus

Guaranteed lifetime income stream is based on 6% compounded growth of the annuity’s highest daily value until the first Lifetime Withdrawal

Guaranteed lifetime income stream is based on at least:

200% of the account value at benefit election on the 10th anniversary

400% of the account value at benefit election on the 20th anniversary

* Minimum guarantees are for income purposes only and assume no Lifetime Withdrawals from benefit election. A Non-Lifetime Withdrawalwill proportionally reduce the Protected Withdrawal Value as well as the 200% and 400% guarantees. At time of withdrawal your customermust specify the withdrawal is intended to be a Non-Lifetime Withdrawals”

My note:  You need to do your homework and evaluate any investment.  No advisor makes guarantees and advisors will review your needs with you to make sure that investments meet your particular situation.  Check with your investment advisor before making any investment.

_______________________________________________________________________
James Montgomery
Of Counsel:
Elms Harmon Macchia, LLC
7800 IH 10 West, Suite 600
San Antonio, Texas 78230
210-690-3700
210-568-4550
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