Who is responsible ERISA?
Labor Department’s
ERISA is administered and enforced by three bodies: the Labor Department’s Employee Benefits Security Administration, the Treasury Department’s Internal Revenue Service, and the Pension Benefit Guaranty Corporation.
What are the best questions to ask a potential lawyer?
Not all conflicts automatically disqualify potential counsel, but you must be fully aware of and understand the nature of the conflict before deciding whether to hire a lawyer in spite of it. Ask a few questions about the lawyer’s view of your case or situation. Five: What are the likely outcomes in my case? Lawyers are not fortune tellers.
When to ask a lawyer about a conflict of interest?
Attorneys in every state have an ethical obligation to advise you of any conflict of interest. Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict.
How to prepare for an attorney client interview?
The key is to prepare: Asking the right attorney-client interview questions that can quickly and effectively let you know what your clients need. At the same time, the right questions will also help establish clear communication and expectations on both sides.
What to ask in an initial client interview?
The initial client interview should be for asking questions, not for learning basic client details. Before the interview, ask for any relevant information and documents so you can review them in advance.
What do you need to know about ERISA laws?
ERISA is a federal law that regulates pension plan policies and requires plans to regularly provide participants with information regarding minimum standards for participation, vesting, benefit accrual and funding; and features and funding. It establishes accountability and allows participants to sue for breaches of fiduciary duties.
Do you have to have a pension plan under ERISA?
It establishes accountability and allows participants to sue for breaches of fiduciary duties. However, ERISA does not require an employer to have a pension plan, neither does it enforce providing minimal benefits. It only regulates the operation of a pension plan once it has been established.
Attorneys in every state have an ethical obligation to advise you of any conflict of interest. Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict.
When to ask the right questions about a lawyer?
You are not looking for the “right” answer, just an honest one. For instance, if you’re facing an uphill battle in, let’s say, a nasty divorce situation, you’ll want to know up front from the attorney so you can prepare yourself for what lies ahead.