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Richard R. Hattenhauer
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Richard R. Hattenhauer
Richard R Hattenhauer
5550 SW Macadam Ave
Suite 215
Portland, OR 97239
Phone: (503) 226-3221 | Fax: (503) 226-3932
http://www.rrhattenhauer.com
Trusts, Wills and Small Business Law
Legal Topic
Business Law
Preferred New Clients
I always enjoy meeting new clients. Their business questions are thought-provoking and challenging. I always treat clients with respect, and therefore no question or theory should ever receive anything other than my full personal attention. I particularly enjoy entrepreneurs starting a new business or changing the focus of their existing business or membership. In reviewing proposed business legal documents, the questions that are asked and the solutions offered, lead to a long-term relationship between us. I believe that if the new client is in a dispute, that proper guidance through mediation or alternate dispute resolution can be fruitful and less expensive than a full blown trial.
Sub-Categories
Business Law
- Mediation/Alternative Dispute Resolution (ADR)
- Business Successions
- Buying & Selling
- Closely Held Businesses
- Corporations
- Directors' & Officers' Liability
- Joint Ventures
- Limited Liability Companies (LLCs)
- Mergers, Acquisitions & Divestitures
- Partnerships
- Professional Corporations
- Shareholders' Rights
- Breach of Contract
- Contract Disputes
- Contract Drafting & Review
- Employment Contracts
- Non-Compete Contracts
- Secured Transactions
- Uniform Commercial Code
- Warranties
- Commercial Construction Contracts
- Construction Defects
- Construction Disputes
Legal Topic
Wills, Trusts & Estates
Preferred New Clients
I enjoy working with clients who look forward to planning their future so that they can best protect their assets as well as ensuring their assets go to loved ones or charitable institutions that they, and not some third party, select.
If you are unsure of what you desire, I always look forward to helping you explore the alternatives, so that you can make an informed decision on what is best for you and your loved ones.
Sub-Categories
Estate Planning
- Charitable Giving
- Charitable Trusts
- Estate Administration
- Estate Planning
- Probate
- Power of Attorney
- Revocable Trust & Irrevocable Trust
Bar Admissions
OR, Apr 1979
Bar Number: 79051
Specialty Certifications
Military Justice
Other Court Admissions
Oregon State Courts, Oregon Federal District Court, Iowa State Courts
Association Memberships
Oregon State Bar Association, Iowa State Bar Association , Multnomah County Bar Association
Continuing Education
Oregon is a state that requires, at a minimum, 15 continuing legal education hours per year. Wherever possible, despite my 25 years of practice, I attempt to attend continuing legal education classes that will help my clients. I have routinely taken everything from Administering the Basic Estate to Advanced Estate Planning, including Hot Topics in Estate Planning Fundamentals of Business Law, Business Succession, Business Taxation and Closely Held Business Representation-type CLE's. Despite my experience, I believe I must be current on all the newest legal thoughts and theories, so that I can best advise my clients on their rights and remedies in the business law and estate planning fields.
Example Cases
Business Law:
Most clients looking to commence a business must first be advised on what is the best business entity for the client. The two most typical business entities are limited liability companies and S election corporations. I believe to best help my clients I must explore the tax features for both of these types of business entities, so that the client has the best business entity for them. Once the business entity has been selected, and the incorporation of the business entity is completed, I always look forward to reviewing with my clients how the business entity can best be used to their benefit and protection. Much of the recent past has involved the forming of limited liability companies for real estate investments. Limited liability companies are typically good for this type of business, in that they give peace of mind to the property owners and will give them some protection from legal claims. The other type business start-up is an S corporation. The S corporation not only offers the peace of mind and the protection from legal claims like a limited liability company, in the correct circumstances it may offer excellent tax savings as well.
The other typical case that I routinely deal with involves someone who is either purchasing or selling a business. I find that the seller or the buyer is always excited about the prospect of finalizing the business deal. An experienced lawyer can help that buyer or seller navigate the pitfalls of a purchase document by managing expectations so that the buyer and seller are not driven apart.
Wills, Trusts and Estates:
The most familiar estate planning cases break into two groups. The first group is estates that consist of less than $1,000,000; the second is estates greater than $1,000,000. Typically, for estates less than $1,000,000, which by the nature of law are probably not taxable, the estate plan is simpler and therefore less expensive. Estates that are greater than $1,000,000, since they usually involve detailed tax planning, are more expensive. Regardless of the tax planning aspect of either case, all estate plans need to deal with an administrator of the estate and the beneficiaries of the estate. For a husband and wife, they generally desire that the surviving spouse is the primary beneficiary, with their children the secondary beneficiaries. However, it is not untypical for the plan to include an educational trust for children or grandchildren. If a child or grandchild who is to be named a beneficiary has a disability which causes them to get State or Federal benefits, then it is common to insert what is known as a special needs trust within the estate plan to ensure that the gift from the parents or grandparents goes to the benefit of the child or grandchild, and not to the State or the federal government.
Education
Degree:
J.D.
School:
Lewis & Clark College - Northwestern School of Law
City:
Portland
State:
OR
Year:
1975
Focus and Accomplishments:
Moot Court, Volunteer Work.
Degree:
B.A.
School:
University of Oregon
City:
Eugene
State:
OR
Year:
1972
Focus and Accomplishments:
Political Science
Number of Attorneys
1
State Licensed In
Oregon and Iowa
Firm Focus and History
The primary focus of my law practice since 1985 has been pretty evenly divided between estate planning and business law. I have found that they go hand in hand; many of my small business clients also require estate planning for business continuity purposes. My clients are derived from referrals by other attorneys, accountants, financial planners and clients.
Previous Employment Summary
Judge Advocate General Corp 1975-1978.
Activities and Awards
I served in the JAG Corps of the U.S. Navy from 1975 to 1978 and continued to serve in the Naval Reserve, retiring in 1996.
What is your opinion regarding clients educating themselves on legal issues?
I believe a knowledgeable client is a very good client. I always recommend that clients take the opportunity to review legal periodicals on the topics that they wish to discuss with me. I believe that Nolo Press and the internet are fabulous tools for educating the public; my website has been of an educational benefit on business law in general and on choice of the business entity as. Additionally, my website offers information on estate planning in general and different benefits and costs derived from a revocable family trust and a will.
Are you willing to review documents prepared by clients?
Yes, I look forward to reviewing documents prepared by my clients. These documents always help me to understand what my client is thinking and what they expect. I find it helps to facilitate our discussion by knowing the scope of the questions my client has concerning the topics they are concerned with. However, I need to point out that the choosing of the proper documents and legal language takes a great deal of experience. I have found that it is often less expensive for the client if I prepare the documents than for me to review their existing documents and make the required revisions.
Are you willing to coach clients who want to represent themselves?
Yes, I am open to coach clients who desire to represent themselves. I have found in the past that some clients, because of financial limitations or because of their knowledge on the topic at hand, can be their best and most effective representative, if given the tools to represent themselves. With my vast experience, I believe I can help these clients represent themselves effectively.
Why did you decide to be a lawyer?
While it is a trite answer, I became a lawyer out of my fascination with the law and a desire to help people accomplish their task at hand, be it starting a new business or buying a business.
What work experience and education helps you be a better lawyer?
As a young man I worked in a multitude of what would be considered blue collar jobs. After law school I became a Judge Advocate General for the United States Navy. Both the blue collar jobs and working as Judge Advocate General helped me understand the ins and outs of how problems are dealt with from a perspective that is not all legal education driven. Often lawyers are elite in their thinking, and I try, probably from my Eastern Oregon background, not to be trapped into one way of looking at a problem. I have learned over the years to focus on certain aspects of the law, and to refer my clients to knowledgeable lawyers who can more readily assist them in areas that I do not deal with on a regular basis.
Why did you decide on your primary area of practice?
I believe that business law and estate planning involve positive aspects of law. Generally, the practice of business law, be it the start of a new business or the purchase or sale of an existing business, is an exciting time for the participants, who are looking forward to significant changes and challenges in their lives. In the starting of a business, like starting any new relationship, there is all of the excitement, and some foreboding, present. A knowledgeable, experienced lawyer can facilitate the commencement or purchase of the business. I have learned over the years that the resolution of business disputes often relies on persuasion and not aggressive self-serving tactics. The practice of estate planning, be it a Trust or a Will, is a forward-looking exercise, with the client setting the course for the future administration of their worldly affairs. I find that the typical estate plan involves people who want to protect their loved ones, their assets, and have a firm hand in how their estate is managed and then disbursed upon their death. I want to protect and ensure that the client's assets are used in a prudent manner by the right recipient. The client wants to ensure that their children or grandchildren are properly educated, while protecting for their own needs. A knowledgeable, experienced lawyer, such as myself, can facilitate an estate plan that accomplishes the objectives of the client. I have learned over the years that a properly drafted estate plan can protect the client and the client's family not only from problems that they are unaware of, but those that may cause a drain on their finances. I believe I am particularly talented in guiding my clients to resolutions that are not only to their benefit, but cost effective.
What do you like best about your career?
I like meeting the multitude of different people, with different questions, perspectives, and problems. I never find going to work a burden, because every day contains something of interest.
Tell us about your law firm:
I am a sole practitioner, with a paralegal who was formerly a judge, and an administrative assistant who has been with me over 15 years. I believe in addressing every telephone solicitation I receive from a prospective client or from an existing client on the day that the call is made to my office. If that call cannot be returned on that day, my assistant will explain to the client or prospective client that I cannot return it at that time, and I will return every phone call the first of the next business day. I believe every client of mine should have copies of every document I receive that pertains to them, and each shall have my personal attention.
What are your strengths and style?
I have a great deal of experience dealing with every type of client and business and estate planning situation. I feel that I understand people and communicate well with almost anyone. I always tell my clients that I reserve the right to give them my opinion, even if they do not want to take it. I will, of course, do what my client wants, but I can truly say my clients always know where I stand on any issue. Having said that, I am told I am very easy-going, straightforward, and to the point.
Personal Interests:
I enjoy golf, bowling, reading and the Oregon coast.
Office Manager/Assistant
Miriam Lissy
Fax
(503) 226-3932
Office Hours
Monday through Friday
8:30 a.m. to 5:00 p.m.
Emergency After Hours
Yes
Foreign Languages
None
Fixed-Price Services and Fees
I offer flat rate services for corporations and wills and trusts.
Hourly Rates
$250 per hour.
Free Initial Consultation?
Yes, I offer a free initial consultation in office or over the telephone.
Typical Retainer
My typical retainer is $500.
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