BSPE Legal Marketing Podcast

by Viktoria Altman

Season 4

Experienced Central New York Irrevocable Trusts Lawyer - Davies Law Firm

From Davies Law Firm – Experienced Central New York Irrevocable Trusts Lawyer explores how families, business owners, and individuals in New York can build lasting legacies through irrevocable trusts, with detailed guidance from Frederick P. Davies and William P. Davies. In this series we’ll dive deep into what an irrevocable trust really is, how it differs from a revocable trust, and why someone might consider moving from flexibility to permanence in their estate-planning journey. We’ll travel with you through the process of setting up an irrevocable trust: who the trustor is, why the trustee matters, and how the beneficiary’s interests are protected. You’ll hear how the Davies team helps clients navigate key decisions like shielding assets from creditors, leveraging gifting strategies, and utilizing trusts for Medicaid planning via a Medicaid Asset Protection Trust (MAPT). We’ll also unpack real-life scenarios: protecting a family business, providing for a child with special needs, or balancing the needs of a blended family. Based in Syracuse and serving Onondaga County and Central New York—including Baldwinsville, Cicero, Cazenovia, DeWitt, Fayetteville, Manlius, Camillus, Liverpool, Clay, North Syracuse, East Syracuse, Skaneateles—the Davies Law Firm brings decades of experience in New York estate planning to the table. You’ll hear how they approach transparent pricing, flat-fee services, and a caring, client-focused mindset to make trust planning less intimidating and more accessible. Whether you’re just exploring estate-planning tools for long-term care, worried about probate, or ready to place your assets in a structure that honors your values and vision, this podcast equips you with actionable insights. Join us as we talk to attorneys, clients, and advisors about how to align trust strategies with your goals—and how an irrevocable trust might just be the cornerstone of the future you’re planning. Davies Law Firm 210 E Fayette St, Syracuse, NY 13202, United States (315) 472-6511 https://www.google.com/maps?cid=11885144913064493862

S4 · E367

Nov 24, 2025

5:22

What to Expect When You're Charged with Homicide in New Jersey - Adam M. Lustberg

From Lustberg Law Offices, LLC – What to Expect When You're Charged with Homicide in New Jersey explains the critical differences between murder, aggravated manslaughter, manslaughter, and vehicular homicide under N.J.S.A. 2C:11-2, N.J.S.A. 2C:11-3, N.J.S.A. 2C:11-4, and N.J.S.A. 2C:11-5, while outlining how penalties can range from 5 years to life imprisonment. Updated February 2026, this in-depth guide walks readers through the legal definitions, mental state requirements, and potential sentencing exposure for first-degree and second-degree homicide offenses in New Jersey, including felony murder and death by auto or vessel. The episode breaks down how a homicide case moves through the New Jersey criminal justice system, from investigation and arrest to arraignment at the Bergen County Justice Center at 10 Main Street in Hackensack. It explains the role of the Bergen County Prosecutor's Office at Two Bergen County Plaza, the impact of the Criminal Justice Reform Act (CJRA) on pretrial release, and what happens during grand jury proceedings when a “true bill” leads to formal indictment in Superior Court. Listeners will gain clarity on what to expect at each procedural stage and how early decisions can shape the direction of a case. We also explore the pre-trial phase, including discovery, motions to suppress evidence, Miranda challenges, and strategic plea negotiations. The discussion highlights how charges such as aggravated assault under N.J.S.A. 2C:12-1 or leaving the scene under N.J.S.A. 2C:11-5.1 may accompany homicide allegations, and how sentencing laws like the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, affect parole eligibility. The trial process itself—opening statements, cross-examination, jury instructions, and the burden of proof beyond a reasonable doubt—is explained in clear, practical terms for anyone facing prosecution in Bergen County, Essex County, Passaic County, or Hudson County. Finally, Adam M. Lustberg, Esq., a Seton Hall University School of Law graduate and member of the American Bar Association, New Jersey State Bar Association, Bergen County Bar Association, and the Association of Criminal Defense Lawyers of New Jersey, shares insight drawn from defending clients accused of murder, manslaughter, aggravated assault, unlawful possession of firearms, and human trafficking. With a 10 out of 10 Avvo rating, recognition on the SuperLawyers Rising Stars list, and honors from (201) Magazine as one of Bergen’s Best Lawyers, Adam M. Lustberg provides direct representation through every stage of a homicide case. For those confronting charges in Hackensack or throughout New Jersey, this episode offers a detailed look at the legal landscape and the steps that can protect your rights and your future. Lustberg Law Offices, LLC 1 University Plaza Dr #212, Hackensack, NJ 07601, United States (201) 880-5311 https://www.google.com/maps?cid=17248268094099978177

S4 · E367

Sep 23, 2025

6:43

Is Your Spouse Hiding Assets? How Forensic Accounting Can Help in a New York Divorce - Richard Roman Shum

From Law Office of Richard Roman Shum, Esq. - Is Your Spouse Hiding Assets? How Forensic Accounting Can Help in a New York Divorce explores how forensic accountants help uncover hidden income, asset concealment, and financial misconduct in New York divorce cases. This episode dives deep into the red flags of asset concealment—ranging from lifestyle discrepancies to document irregularities—and outlines how Manhattan divorce lawyer Richard Roman Shum works with forensic accountants to protect clients’ financial rights in contested divorces. We examine the principles of equitable distribution and compulsory financial disclosure under New York Domestic Relations Law §236, including how the Sworn Statement of Net Worth and supporting documentation play a pivotal role in fair property division. Through real-world examples, we highlight tactics used by deceptive spouses—like shell companies, offshore transfers, and digital manipulation—to avoid asset division. The conversation also reveals how these tactics can distort child support, alimony, and long-term financial outcomes. The episode defines the role of the forensic accountant as a financial detective—using advanced analytical techniques such as lifestyle audits, indirect income determinations, and blockchain tracing to expose concealed income and misrepresented assets. Whether it's uncovering cryptocurrency transactions, evaluating a privately held business, or reconstructing income via bank deposits, the forensic accountant builds a fact-based financial narrative to assist in litigation and negotiation. Finally, we explore the legal consequences of asset concealment—including asset forfeiture, payment of legal and investigative fees, unequal property distribution, and even criminal charges for perjury. Richard Roman Shum shares insights from over 15 years of experience helping clients navigate complex divorces with dignity and fairness. Tune in to learn how securing financial transparency can be the most powerful tool in protecting your future during divorce. Law Office of Richard Roman Shum, Esq 20 Clinton St FRNT 5D, New York, NY 10002, United States (646) 259-3416 https://www.google.com/maps?cid=3597344583150276913

S4 · E366

Nov 24, 2025

2:32

What Is Aggravated DWI With a Child Passenger in New York? - Rachel Kugel

From The Kugel Law Firm - What Is Aggravated DWI With a ChildPassenger in New York? explores the serious legal consequences when someone drives drunk or impaired in New York while a child 15 or younger is in the vehicle. It walks listeners through what Leandra’s Law is, what the State must prove, and how severe the penalties can be. In this episode, we’ll discuss the origins of Leandra’s Law — born out of the tragic death of 11-year-old Leandra Rosado and the sweeping changes it brought in 2009. Listeners will learn the exact legal definition under New York Vehicle & Traffic Law § 1192(2-a)(b), including how even a first offense becomes a felony when a child is involved. We’ll also cover what the prosecution has to prove to secure a conviction: operating a motor vehicle while intoxicated or impaired (whether by alcohol, drugs, or both), the presence of a child passenger aged 15 or younger, and how mere impairment or a BAC at or above the legal limit suffices. Then, we’ll break down the immediate penalties, ranging from fines and license revocation to possible prison time and more, especially when injury or death occurs. Finally, we’ll talk about the ripple effects — how a conviction under Leandra’s Law can affect your family, career, and future. From required ignition interlock devices and child protective investigations to damages to reputation, custody, and professional licensing, the stakes extend far beyond the courtroom. And if you ever face that charge, knowing your rights and having strong legal representation matters. The Kugel Law Firm 111 E 125th St 2nd Fl, New York, NY 10035, United States (212) 372-7218 https://www.google.com/maps?cid=17189431107850367088

S4 · E366

Sep 23, 2025

3:14

§ 1194(2)(b): Chemical Test Refusal - Rachel Kugel

From The Kugel Law Firm – § 1194(2)(b): Chemical Test Refusal explores what it means when a motorist in New York refuses a chemical test after a DWI arrest under Vehicle and Traffic Law Section 1194(2)(b). The article details how the implied consent law applies, defines what constitutes a refusal, describes both immediate and long-term penalties, explains the DMV refusal hearing process, and suggests possible defense strategies. In the first part, the post explains NY VTL § 1194(2)(b) and how New York law presumes that by driving a vehicle you have already consented to chemical tests—blood, breath, urine, or saliva—if arrested for suspicion of DWI. It lays out how a refusal—either by saying “no” or by failing to cooperate—can trigger serious consequences, even in the absence of a criminal conviction. Next, the article walks through the consequences of refusal, both immediate and long-term. Immediately, a conviction may not be required for license suspension; the license is typically suspended upon arraignment, and the DMV schedules a hearing. Long-term penalties include license revocation (at least one year for first-time refusals), fines (including higher ones for commercial drivers), a Driver Responsibility Assessment, and possible adverse insurance or licensing record effects. Finally, the post describes the refusal hearing at the DMV and details defense strategies. It outlines how the hearing is an administrative process separate from the criminal DWI case, what proof the DMV must bring (lawful arrest, proper warnings, clear refusal, etc.), and what defenses may work—such as challenging whether the refusal warning was properly given, or whether the behavior truly counts as a refusal. The Kugel Law Firm 111 E 125th St 2nd Fl, New York, NY 10035, United States (212) 372-7218 https://www.google.com/maps?cid=17189431107850367088

S4 · E365

Sep 23, 2025

5:28

New York VTL § 1194-A Explained: What Happens When an Under-21 Driver Fails a Breath Test - Rachel Kugel

From The Kugel Law Firm – New York VTL § 1194‑A Explained: What Happens When an Under‑21 Driver Fails a Breath Test takes a deep dive into what young drivers in New York face when they register a blood alcohol concentration between 0.02% and 0.07% under the “Zero Tolerance” statute. The episode unpacks how the law works, what the administrative process looks like at the New York Department of Motor Vehicles (DMV), and how drivers and their families can navigate the hearing with eyes open. In the second segment, we explore the hearing process triggered by an under‑21 driver’s failed chemical test: how an officer must prove six specific elements (operation, valid test request, age, administration, BAC range, and lawful stop) under a “clear and convincing” standard, how the administrative hearing differs from a criminal DWI proceeding, and what rights the driver has. Then we examine the stakes: the difference between failing the test versus refusing it, the distinction between administrative license suspension and full revocation, and how repeat offenses affect penalties. We also cover how a zero‑tolerance stop can escalate into a criminal DWAI or DWI case depending on BAC levels or signs of impairment. Finally, host Rachel Kugel guides listeners through what comes next: how to prepare for a DMV hearing, key strategic questions to ask, what representation looks like, and how to protect not just the driving privilege but the future. With clear takeaways for under‑21 drivers, their families, and even legal professionals, this episode delivers practical insight rooted in real‑world defense experience. The Kugel Law Firm 111 E 125th St 2nd Fl, New York, NY 10035, United States (212) 372-7218 https://www.google.com/maps?cid=17189431107850367088

S4 · E364

Nov 24, 2025

5:30

What Is 2C:12-1.1 and Assault by Auto in New Jersey? - Rachel Kugel

From The Kugel Law Firm - What Is 2C:12-1.1 and Assault by Auto in New Jersey? breaks down how N.J.S.A. 2C:12-1.1 and N.J.S.A. 2C:12-1(c) operate as separate but often related charges in New Jersey, especially in cases involving serious bodily injury and motor vehicle accidents. This episode explores how assault by auto and leaving the scene of an accident can arise from the same incident, the legal definitions behind bodily injury versus serious bodily injury, and why these distinctions carry major consequences for anyone facing charges in Newark and throughout New Jersey. Listeners will gain clarity on how prosecutors attempt to prove recklessness, what separates negligence from conscious disregard of risk, and how factors like DUI, DWI, BAC thresholds, and refusal-related allegations can elevate charges. The discussion highlights how school zones, including school property and 1,000-foot boundaries, can enhance penalties, potentially increasing exposure from a disorderly persons offense to second-degree crimes with significant prison time and fines under New Jersey law. The episode also walks through the statutory elements required under N.J.S.A. 2C:12-1.1, including the meaning of “knowingly” leaving the scene and how it differs from violations under N.J.S.A. 39:4-129. It explains why drivers do not need to know someone was seriously injured to face third-degree charges, and how cases involving multiple statutes like N.J.S.A. 2C:11-5.1 can lead to consecutive sentencing and compounded legal exposure. Attorney Rachel Kugel shares insight into defense strategies used at The Kugel Law Firm, including challenging recklessness, disputing causation, and questioning the severity of injuries. The episode also covers practical scenarios such as distracted driving, excessive speeding, and emergency circumstances, while guiding listeners through what to expect when facing charges in Superior Court or municipal court. This conversation provides a grounded look at navigating complex criminal allegations while protecting your rights in New Jersey. The Kugel Law Firm 1 Gateway Ctr SUITE 2600, Newark, NJ 07102, United States (973) 854-0098 https://www.google.com/maps?cid=3822170752710866861

S4 · E364

Sep 23, 2025

2:54

What is New York’s Open Container Law? - Rachel Kugel

From The Kugel Law Firm - What is New York’s Open Container Law? explores what the law defines as an “open container,” who is subject to it, what penalties can be imposed, and how to avoid violations. In the first section, the podcast will break down what constitutes an open container under New York law, including opened bottles, cans, or vessels with missing seals. It will also clarify prohibited behaviors in public spaces and motor vehicles, whether moving or parked. Then, it will cover who the law applies to: drivers, passengers, and even pedestrians under certain circumstances. It also explains the exceptions, such as for commercial passenger vehicles like limousines or buses, or the rules for resealed wine bottles carried from restaurants with a dated receipt. Next, the podcast outlines the penalties for violating the law—first offense, subsequent offenses, associated surcharges—and how it interacts with more serious charges like driving while intoxicated. It finishes with practical advice: how to transport alcohol safely, avoid violations while walking or on public property, and recognizing special zones or events with designated alcohol rules. The Kugel Law Firm 111 E 125th St 2nd Fl, New York, NY 10035, United States (212) 372-7218 https://www.google.com/maps?cid=17189431107850367088

S4 · E363

Sep 23, 2025

6:24

My Divorce Lawyer Filed A Motion To Withdraw In Chicago, Illinois. Now what? - Russell D. Knight

From Law Office of Russell D. Knight – My Divorce Lawyer Filed A Motion To Withdraw In Chicago, Illinois. Now what? explores what happens when your divorce attorney steps away mid‑case, and how you can safeguard your interests in that tricky transition. In this episode, we’ll unpack the rules under the Illinois Rules of Professional Conduct 1.16 and corresponding Illinois Supreme Court Rule 13(c) that allow an attorney in Illinois to withdraw—why it happens, how it works, and what that means for your case moving forward. You’ll hear about practical next steps: how your lawyer must file a motion, you may get a 21‑day window to retain new counsel or appear yourself, what happens if you do nothing, and why maintaining momentum in your divorce matter remains essential—even if your attorney changes. Finally, we’ll help you consider questions like: When might it still make sense to stay the course? What qualifies as a good cause for withdrawal? And what you should look for in hiring new counsel or navigating the case yourself in the aftermath of an attorney’s departure. The goal: empowering you to move forward with clarity, confidence, and control. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610, United States (773) 334-6311 https://www.google.com/maps?cid=13056420905624162796

S4 · E362

Nov 24, 2025

6:23

Child Support and 50/50 Custody In Illinois - Russell D. Knight

From Law Office of Russell D. Knight – Child Support and 50/50 Custody In Illinois examines how Illinois family courts determine financial responsibilities even when parenting time is shared equally. This episode unpacks the nuanced legal process defined under 750 ILCS 5/505(a), revealing how child support is calculated even when each parent has the child 50% of the time. We discuss the implications of shared custody, highlight how statutory formulas apply to equal time splits, and question common assumptions—like whether 50/50 custody automatically cancels out financial obligations. Listeners will learn how Illinois calculates child support through a step-by-step system, starting with each parent’s net income and referencing the Illinois Department of Healthcare and Family Services' extensive support schedule. Using a detailed example involving fictional parents Jim and Laura, the episode breaks down how income shares and parenting time percentages affect the final support figure. Even when custody is split down the middle, one parent may still owe the other—sometimes significantly—based solely on financial disparity. We dive deeper into the “shared care” formula, which applies when each parent has the child for at least 146 nights per year. Under this model, the child support obligation is multiplied by 1.5, and then each parent's financial responsibility is adjusted based on how often the child stays with the other. The result? A surprisingly complex calculation that can lead to major differences in payment depending on just a few additional nights of custody. As explained in the article, this could mean the difference between paying $681 versus $365 per month—making every overnight count. Finally, we explore judicial discretion in deviating from the guidelines. Drawing from cases like Vance v. Joyner and In re Marriage of Turk, we explain how a court may override standard calculations when strict application would lead to inequity. Whether one parent earns significantly more or a child has special needs, the law empowers judges to prioritize the best interests of the child. Even in cases of 50/50 custody, a parent may still pay support—or even receive it—depending on unique family circumstances. Tune in to understand the real financial dynamics behind shared custody in Illinois. Law Office of Russell D. Knight 1165 N Clark St #700, Chicago, IL 60610, United States (773) 334-6311 https://www.google.com/maps?cid=13056420905624162796

S4 · E361

Nov 24, 2025

4:30

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