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Joan M. Burda

Joan M. Burda

Attorney at Law
2035 Elmwood Avenue
Lakewood, OH 44107

Phone: (216) 832-8825 http://www.burdalaw.justia.net

Contact Joan M. Burda

Estate Planning, Small Business and LGBT Issues.

Legal Topic

Wills, Trusts & Estates

Preferred New Clients

LGBT individuals and couples looking for an estate planning attorney. Small business owners who believe they cannot afford a lawyer.

Sub-Categories

Wills, Trusts & Estates
  • Nolo Document Review
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
Estate Planning
  • Charitable Giving
  • Charitable Trusts
  • Drafting Trusts
  • Drafting Wills
  • Estate Planning
  • Living Trusts
  • Living Wills
  • Asset Protection
  • Guardianship
  • Power of Attorney
  • Business Succession Planning
  • Special Needs Trust
  • Supplemental Needs Trust
  • Revocable Trust & Irrevocable Trust

Legal Topic

Business Law

Preferred New Clients

LGBT individuals and couples looking for an estate planning attorney. Small business owners who believe they cannot afford a lawyer.

Sub-Categories

Business Law
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
Business Formation & Dissolution
  • Limited Liability Companies (LLCs)
  • Partnerships
  • Professional Corporations
Commercial Law
  • Breach of Contract
  • Contract Disputes
  • Contract Drafting & Review
  • Employment Contracts
  • Non-Compete Contracts
Entertainment Law
  • Literary Arts
  • Publishing

Bar Admissions

OH, May 1982
Bar Number: 0016330

Other Court Admissions

Ohio and U.S. District Court, Northern District of Ohio.

Association Memberships

American Bar Association, Ohio State Bar Association, Cleveland Metropolitan Bar Association and National LGBT Bar Association.

Continuing Education

I take Continuing Legal Education (CLE) courses through local and national bar associations. I teach CLE seminars on the local and national level. I teach a law school class. I write law-related books published through the American Bar Association. I always exceed the required number of CLE credit hours.

Papers and Publications

The American Bar Association published my three books: "Gay, Lesbian and Transgender Clients: A Lawyer's Guide" (ABA 2008); "Estate Planning for Same-Sex Couples" (ABA 2004) and "An Overview of Federal Consumer Law" (ABA 1998).

I have also published numerous articles on LGBT issues, estate planning, military law and family law topics. These articles have been published in "GPSOLO" Magazine, which is the primary publication of the General Practice Solo and Small Firm Division of the American Bar Association. I also write on estate planning issues for LGBT individuals and couples for ALI-ABA.

Example Cases

My practice addresses the personal needs of individual clients. So, there are no examples to relate. Each client presents unique facts. I work with each of my clients to identify and achieve their goals. Whether it is a small business or a LGBT couple, each client receives competent legal advice at a reasonable cost.

Education

Degree:

Juris Doctor

School:

Pepperdine University School of Law

City:

Malibu

State:

CA

Year:

1979

Focus and Accomplishments:

President, Women Law Students Association.

Number of Attorneys

1

State Licensed In

Ohio

Firm Focus and History

I limit my practice to estate planning and small business law. I provide estate planning services for small and middle-income individuals and couples. An additional focus of my practice is to the LGBT community. I also provide legal assistance to small business owners. Specifically, I work with those small business owners who believe they cannot afford to hire a lawyer. I believe in being proactive in providing legal assistance to my clients.

I started my solo practice in early 2001. As a solo practitioner, I am not constrained by the policies and protocol of the big firms. I respond to my clients' needs. If I am unable to provide the services sought, I will find a lawyer to help.

Previous Employment Summary

My first job after passing the Ohio bar was with Lorain County Legal Aid. I spent three years with Legal Aid handling family law, landlord-tenant and consumer cases. I also established a legal assistance program for senior citizens.

I spent nine years with UAW Legal Services in Elyria, Ohio. My primary focus there was in consumer law as a trial and appellate attorney. After leaving UAWLSP, I became Senior Associate Counsel with the Defense Finance and Accounting Service in Cleveland. I supervised a team of 12 paralegals and support staff.

I left DFAS and established my solo practice. For the past six years I have also served as Program Director of the Cleveland Homeless Legal Assistance Program.

In addition to my law practice I am an Adjunct Associate Professor of Law at Case Western Reserve University School of Law. I am also an adjunct faculty member at Ursuline College, where I teach contracts and civil procedure in the Legal Studies Program.

Activities and Awards

2005 Benjamin Franklin Award for "Estate Planning for Same Sex Couples" (ABA 2004); Pro bono work; Lakewood Charter Review Commission; and Editor-in-Chief of GPSOLO, the magazine for the General Practice, Solo and Small Firm Division of the American Bar Association.

What is your opinion regarding clients educating themselves on legal issues?

I encourage my clients to educate themselves about the law and how it affects their particular situation. This helps them form their questions and identify what they want. NOLO publishes an extensive selection of books that can help people develop an understanding of the law. This is important because it strips away the mystique surrounding the law. If people do not understand legal issues and concepts they do themselves a disservice. It is through education that we become better citizens and able to protect ourselves.

Are you willing to review documents prepared by clients?

I will review documents prepared by clients.

Are you willing to coach clients who want to represent themselves?

Self-representation is rising in the United States. Some studies indicate the majority of divorces are being filed by the parties who are not represented by a lawyer. When the President of the United States organizes a legal defense fund to pay his attorney fees, it is no wonder the average American cannot afford to hire a lawyer. I have worked with clients who represent themselves throughout my career. I do not see this as a threat to my position as an attorney. In fact, I believe the legal profession and the courts must make self-representation easier to accomplish. By doing so, the legal system will be more user friendly and responsive.

Why did you decide to be a lawyer?

I was a summer playground counselor when I was 16. This was at an inner-city Catholic parish. I walked into the day room one morning and found the kids eating from a jar of paste. Some had forks; others were using sticks or their fingers. At first, I thought the older kids put the younger ones up to it. When the kids saw me, they stopped and wouldn't look at me. I asked why they were eating the paste and one of the older boys said, "We were hungry." When I asked why they hadn't eaten breakfast, he responded, "It's the end of the month, the food stamps are gone and there isn't any food." After a few minutes, I gave some money to two of the boys and sent them out for peanut butter, jelly and bread. From that day on I brought lunch for those kids.

I live in the richest, most successful and prosperous country in the world and there are children going hungry. That's why I became a lawyer. It was not right then and it isn't right now.

What work experience and education helps you be a better lawyer?

See my answer to the previous question. Since that day, I've worked with people who have real problems but cannot afford to hire a lawyer. I've seen people be taken advantage of for a variety of reasons. All of this makes me a better lawyer. The law is the great leveler. I want to make sure it stays that way.

Why did you decide on your primary area of practice?

I wanted to work with clients in a non-adversarial way. Having been a litigator, I grew tired of the arguing, battling and the nastiness. In the end, not much was accomplished--except hard feelings. Now, I can help clients create an estate plan, answer questions for business clients so they can concentrate on their business. I get a great sense of satisfaction when I help a client achieve their goals and they feel relief about having one less thing to worry about.

What do you like best about your career?

Working with my clients to achieve their goals.

Tell us about your law firm:

I am a solo practitioner. My clients deal with me. I answer the phone, so the voice you hear is mine.

What are your strengths and style?

My main strength is my ability to listen. I am easy to talk to because I do not prejudge anything or anyone. It is my job to make my clients understand the law in relation to what they want. I have been in practice long enough that there is nothing I have not seen or heard before. I can't remember the last time someone said something to me that was surprising. I am low-keep and casual. I do not believe that being a lawyer makes me better--or worse than anyone else. I have a license to do perform certain tasks that other people don't. I use my skills, talents and experience to help my clients.

Personal Interests:

I like to walk. I am planning to walk the Cleveland Marathon in May 2010. It will be my first. I also cycle--scooter and bicycle. I enjoy traveling--so far, New Zealand and Scotland are my favorites. However, I also walked Hadrian's Wall in Northern England and that was a kick. I have spent a significant amount of time in Italy because my partner's brother lives in Rome. I like old movies, MGM musicals and reading books--fiction and nonfiction (it depends on my mood).

Office Hours

By appointment.

Emergency After Hours

No

Fixed-Price Services and Fees

For most services I offer a fixed fee. Ex: Basic estate plan for a couple: $500. This includes a will, Living Will, Health Care Power of Attorney, General Durable Power of Attorney for Finances, and HIPAA Authorization. In the case of deeds, the recording fees are a separate charge (Cuyahoga County: $28.50).

Small business entity preparation (LLC, Corporation, Partnerships): $550-1,000, not including required filing fees.

The fee for NOLO Document Review depends on the document being reviewed and what the client is requesting. I will negotiate my fee with the client.

Hourly Rates

$100.

Free Initial Consultation?

First 30 minutes and first telephone call.

Typical Retainer

I do not usually charge a retainer because of the nature of my practice. I will consider a retainer, negotiated with the client, if one is advisable. That will be a decision I make with the client.

Understanding Fees

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