If you need to hire a lawyer, look for someone with legal experience, reasonable personality and responsiveness to your needs.
The law is a popular second career. Don't assume that every middle aged lawyer has been a lawyer for decades. I have more than 14 years of experience as a lawyer, and have several more years reviewing contracts, researching legal issues and working with attorneys, in a variety of practice areas. This gives me the background and perspective to assess your legal needs. Many times, an experienced lawyer can provide a quick and simple solution or strategy, when a new attorney, though less expensive on an hourly basis, may spend several hours finding an answer.
I believe that it's also important that a lawyer understands what the client is going through. There are many good attorneys who have never been a party to litigation of any type. While that's fortunate for them, I don't believe that they appreciate their clients' needs as well as those of us who have - unfortunately -had the need to hire an attorney. Being a client gives attorneys new insight, and greater appreciation, for the stress and fear that a lawsuit or legal problem creates.
One attorney advertises on television, "I'm not here to be your friend, When you want aggressive legal representation, call the _________ Law Firm." I am glad that many of my clients call me "friend" long after the litigation is done. I am blessed by clients who refer their family and friends to my office and continue to consider me their attorney long after the final judgment is entered. Some of my colleagues are not so inclined.
Attorney Sarah C H Phillips says: "Aggressive behaviors run up legal fees, destroy any real chance of cooperation between parents, and leave children as the victims of litigation . . . Unfortunately I do still encounter lawyers who seem to believe that aggressive behaviours are what is expected of them. It's never helpful to have your client crying on the phone because of the latest obnoxious letter from the other side that does nothing to progress the case and everything to alienate the parties from each other further."
A great article on Aggressive Lawyers can be found here: http://benchandbarllc.com/aggressivelawyer/?goback=%2Egde_96041_member_244083492
I like the line: Good Lawyers Don't just "Try" cases; Good Lawyers Try to "Resolve" cases.
Most important in Resolving Cases is responding in communication. When a client calls, or when an attorney calls, an answer should be forthcoming. I like to answer my own phone. I do not screen calls. My staff answers if I am in conference or on the other line, but never because "so and so" is calling!
When you need to talk, call me at 407-645-3297. You can also send an email to aubrey@aubreylaw.com or visit my website at www.aubreylaw.com
I look forward to hearing from you! Aubrey
Thursday, June 6, 2013
Monday, June 3, 2013
Men Only Divorce Firms - Is this a good idea?
One of the many feeds I follow asked the question, "Men Only Divorce Law Firms
What does this mean for the practice? For children?"
Responses varied but routinely agreed this MARKETING STRATEGY was INEFFECTIVE in helping families in general and men in particular.
I tend to agree. While I have represented many Men in divorces, with much success, I have never limited my practice to me or advertised as a "Men's Divorce Firm."
Representing only one side consistently produces inconsistant results and may lead the court to believe an attorney does not truly represent his client's "best interests" but is merely stating the Same Position Again.
Effective advocacy requires understanding the Court's view of each Individual family situation. In one family, full-time parenting by Mom OR Dad may be in the children's best interests; however, in a somewhat similar situation, Shared Parenting by both Dad and Mom, with an Equal Timeshare may be the most appropriate Parenting Plan. Having an Open and Objective viewpoint and legal knowledge of the issues at hand are imperative to competently representing a client in a Family Law matter.
Attorney Eileen Fein writes: Some attorneys have noticed that on average, men make more money then women and can pay more fees.. Firms that represent only men tend to market to "men's rights" . and represent mostly angry men. Great strategy for making money. Not so good for families. I think it actually does a disservice to their client in that once the attorney gets that reputation, everyone (including Judges) understand that and the client is negatively typed before he gets a chance to do it himself. (emphasis added)
Another, Jeffrey Wasserman writes: Family Law is what we practice. We do not practice men's or women's law. If you pigeonhole yourself by representing just one side, you can lose perspective on the family as a whole. I have gained a tremendous amount of insight by continually representing both sides and would encourage family lawyers to maintain an open an objective point of view regardless of which side you might represent.
When you have Family Law questions, please call me at 407-645-3297 or visit my website at www.aubreylaw.com . You may also send me an email to aubreylaw@gmail.com
I look forward to hearing from you. Aubrey
Friday, April 26, 2013
High Asset Divorce and Collaboration
Greed, trust and divorce.
How much is enough?
If you built a home together with your spouse and later divorced, you might expect to sell the home and divide the proceeds. What if you bought an exisiting home, improved it, watched it grow as an asset, and then decided to part ways? Would you trust your spouse to accurately represent its value? Would you get an appraisal?
What if your spouse forced you out of the home and then claimed the home was worth less than you thought; then your spouse worked out a secret deal to sell the home while telling you it was appraised at a certain value, inducing you to sign a Marital Settlement Agreement.
You might think this is Fraud. You might think your attorney should have done more to check on the value of the marital home. You might ask the court to throw out the settlement agreement due to fraud.
If the "Home" was the Los Angeles Dodgers, and the value asserted to you was $300 Million, and you settled your divorce for $144 Million, you might be very upset to learn the Dodgers were sold two weeks later for $2 Billion Dollars. Two Billion Dollars make a much larger pile of cash than $144 Million.
http://gma.yahoo.com/jamie-mccourt-claims-foul-pitch-131m-divorce-002230290--abc-news-celebrities.html
The McCourts Divorce has been news for a while. Do the words Greed, Trust, Divorce, Marital Asset, of Fraud seem different in light of the story above? The comments following it consistently fault the Wife for being "greedy" or "not doing her homework" or "not being happy with what she agreed to and received." Forget that the law indicates the "property" should be divided EQUALLY. Most observers fault her for wanting a fair share. Some comments from women are the Most appalling: "Oh come on! Take the $131 million and be happy, you old witch. I'm 59, no longer pretty, and would love a payload of $131 million for any reason. Don't get greedy. Were you the driving force behind your ex's success? I think not."
In reality, the former Mrs. McCourt was intimately involved in the Dodgers operations up until "he 'fired' her, and 'from that point forward, he completely excluded her from every aspect of management...'
Clients in Collaborative Divorce proceedings have certain luxuries that litigated cases do not afford. One feature is communication. Communication breeds trust. Trust overcomes greed. Everyone walks away much healthier, happier and overall less combative.
In a Collaborative Divorce, we work together to help you make intelligent decisions affecting your family. Many clients find Collaborative Divorce encourages more honest communications and disclosures while minimizing the costs to your family. One of the best features of a Collaborative Divorce may be keeing your private information and affairs PRIVATE. Noone has to know until you decide what to tell them.
If you would like a private consultation regarding your rights under Florida Law, please call me at (407) 645-3297, or visit my website at www.aubreylaw.com
You can also send an email to aubrey@aubreylaw.com or aubreylaw@gmail.com
Don't allow yourself to be cheated. You have certain rights under the law, but you must insist they be enforced. A
How much is enough?
If you built a home together with your spouse and later divorced, you might expect to sell the home and divide the proceeds. What if you bought an exisiting home, improved it, watched it grow as an asset, and then decided to part ways? Would you trust your spouse to accurately represent its value? Would you get an appraisal?
What if your spouse forced you out of the home and then claimed the home was worth less than you thought; then your spouse worked out a secret deal to sell the home while telling you it was appraised at a certain value, inducing you to sign a Marital Settlement Agreement.
You might think this is Fraud. You might think your attorney should have done more to check on the value of the marital home. You might ask the court to throw out the settlement agreement due to fraud.
If the "Home" was the Los Angeles Dodgers, and the value asserted to you was $300 Million, and you settled your divorce for $144 Million, you might be very upset to learn the Dodgers were sold two weeks later for $2 Billion Dollars. Two Billion Dollars make a much larger pile of cash than $144 Million.
http://gma.yahoo.com/jamie-mccourt-claims-foul-pitch-131m-divorce-002230290--abc-news-celebrities.html
The McCourts Divorce has been news for a while. Do the words Greed, Trust, Divorce, Marital Asset, of Fraud seem different in light of the story above? The comments following it consistently fault the Wife for being "greedy" or "not doing her homework" or "not being happy with what she agreed to and received." Forget that the law indicates the "property" should be divided EQUALLY. Most observers fault her for wanting a fair share. Some comments from women are the Most appalling: "Oh come on! Take the $131 million and be happy, you old witch. I'm 59, no longer pretty, and would love a payload of $131 million for any reason. Don't get greedy. Were you the driving force behind your ex's success? I think not."
In reality, the former Mrs. McCourt was intimately involved in the Dodgers operations up until "he 'fired' her, and 'from that point forward, he completely excluded her from every aspect of management...'
Clients in Collaborative Divorce proceedings have certain luxuries that litigated cases do not afford. One feature is communication. Communication breeds trust. Trust overcomes greed. Everyone walks away much healthier, happier and overall less combative.
In a Collaborative Divorce, we work together to help you make intelligent decisions affecting your family. Many clients find Collaborative Divorce encourages more honest communications and disclosures while minimizing the costs to your family. One of the best features of a Collaborative Divorce may be keeing your private information and affairs PRIVATE. Noone has to know until you decide what to tell them.
If you would like a private consultation regarding your rights under Florida Law, please call me at (407) 645-3297, or visit my website at www.aubreylaw.com
You can also send an email to aubrey@aubreylaw.com or aubreylaw@gmail.com
Don't allow yourself to be cheated. You have certain rights under the law, but you must insist they be enforced. A
Tuesday, April 2, 2013
Senate Bill 718 and House Bill 231
TURNING BACK THE CLOCK on 30 years of progress in Family Law
An Update and Plea to Help Stop this Travesty
Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.
OK, those are worst case scenarios, but anything is possible when this legislature is in session!
Here are some of the proposed changes:
- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;
- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.
- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)
Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!
If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.
An Update and Plea to Help Stop this Travesty
Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.
OK, those are worst case scenarios, but anything is possible when this legislature is in session!
Here are some of the proposed changes:
- application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;
- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;
- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.
- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)
Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!
If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.
Call me at 407-645-3297 or visit my website at www.aubreylaw.com
Aubrey
Monday, April 1, 2013
Why Collaborative Divorce?
There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.
The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.
Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.
In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com
Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:
Just in case you missed it - Divorce brings on a world of issues for children.
We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.
The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.
Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.
In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com
Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:
9 negative effects divorce reportedly has on children
The Week – Thu, Mar 28, 2013
http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.htmlJust in case you missed it - Divorce brings on a world of issues for children.
We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.
Friday, March 29, 2013
It's Friday but Sunday's Coming
Good Friday - I don't know what is good about it! Jesus Christ, the Savior of the World was Crucified about 2,000 years ago. Witnesses made accounts of His death. Other's made accounts of His life. And some others published accounts of His Resurrection. That is what I believe.
Thankfully, I believe we can have assurance of the Abundant Life. We can also know we are in God's Perfect Will in the Universe.
It has been said that Christmas is the Promise and Easter is the Fulfillment. I like that. We live in a world of brokenness, broken homes, broken lives, broke debtors, soulless banks. The Almighty Creator of the Universe, God cares more for us than our bank account or net worth.
God Loves You. God Wants You to have an Abundant Life. God wants to restore you to full fellowship with the Universe. It's Friday, but Sunday's promise of Easter is Coming.
Amen.
A dear friend Pastor Henry Green, of Heritage Baptist Church in Annapolis, MD, wrote this for Maundy Thursday: http://www.abpnews.com/opinion/commentaries/item/8342-overcoming-darkness
Many of my friends write and work at Traditionally Baptist Institutions. Feel free to visit www.bjcpa.org or www.christianethicstoday.org or www.aubreylaw.com that last one is not really a baptist institution, but I like it!
Or call me: 407-645-3297
Aubrey
Monday, March 11, 2013
Brain Gym - Excercise Your Mind
My mother works the Sudoku puzzel every day. Many people work on crossword puzzels, or brain teasers daily. These activities help keep the mind working and can (according to research) stall or prevent alzheimers, dementia and other brain lag that typically occurs with aging.
http://www.kenneymyers.com/blog/24-blogs-with-things-you-can-do-to-keep-your-brain-sharp-as-you-age/
Somebody asked that I put this link in my blog, and I trust you will enjoy the link.
Call me when you have legal questions at 407-645-3297, especially those questions related to Collaborative Divorce, Elder Law, Family Law, Guardianships and HAMP tier I and Tier II Mortgage Modifications.
Or visit my website at www.aubreylaw.com
http://www.kenneymyers.com/blog/24-blogs-with-things-you-can-do-to-keep-your-brain-sharp-as-you-age/
Somebody asked that I put this link in my blog, and I trust you will enjoy the link.
Call me when you have legal questions at 407-645-3297, especially those questions related to Collaborative Divorce, Elder Law, Family Law, Guardianships and HAMP tier I and Tier II Mortgage Modifications.
Or visit my website at www.aubreylaw.com
Thursday, March 7, 2013
Collaborative Divorce Saves Money, Time and Stress
Almost every month the Collaborative Family Law Group of Central Florida http://www.cfl-cfl.com/ meets to discuss ways we can help our clients save money, save time and save stress when pursuing a divorce. Sometimes we meet together at the Mount Vernon Inn on 17-92.
http://bestwesternflorida.com/hotels/best-western-mount-vernon-inn/
Other times we meet in one of four practice groups at various offices in the area. Each time we meet, we learn new ways to discuss, facilitate, encourage, coach or counsel our clients.
The International Association of Collaborative Professionals http://collaborativepractice.com/ is an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict. Supporting Collaborative Practice as a conflict resolution option, its Mission is:
You get to select a single Financial Professional to assess your family's finances to maximize child support and alimony so that limited resources are stretched for the family's benefit.
You get to select a Mental Health Professional who coaches you in communication. Many graduates of a Collaborative Divorce find they are much better able to communicate than ever during their marriage.
You get to decide how and when you get divorced; there is no waiting on a response from the other side, the court, a deposition, etc.
You are not alone in these decisions! You have help from several professionals who work daily in these situations. Our collective experience and expertise HELP you Make Decisions!
Call me at 407-645-3297 or visit my website at www.aubreylaw.com and ask how we can help you seek a Collaborative Divorce. Aubrey
http://bestwesternflorida.com/hotels/best-western-mount-vernon-inn/
Other times we meet in one of four practice groups at various offices in the area. Each time we meet, we learn new ways to discuss, facilitate, encourage, coach or counsel our clients.
The International Association of Collaborative Professionals http://collaborativepractice.com/ is an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict. Supporting Collaborative Practice as a conflict resolution option, its Mission is:
- establishing and upholding the essential elements, ethical and practice standards of Collaborative Practice;
- fostering professional excellence by educating and providing resources to Collaborative practitioners;
- leading and integrating the Collaborative community; and
- promoting the growth of Collaborative Practice.
You get to select a single Financial Professional to assess your family's finances to maximize child support and alimony so that limited resources are stretched for the family's benefit.
You get to select a Mental Health Professional who coaches you in communication. Many graduates of a Collaborative Divorce find they are much better able to communicate than ever during their marriage.
You get to decide how and when you get divorced; there is no waiting on a response from the other side, the court, a deposition, etc.
You are not alone in these decisions! You have help from several professionals who work daily in these situations. Our collective experience and expertise HELP you Make Decisions!
Call me at 407-645-3297 or visit my website at www.aubreylaw.com and ask how we can help you seek a Collaborative Divorce. Aubrey
Wednesday, March 6, 2013
Are You Poor?
According to the Federal Government, if you make less that $1,938.75 per month, you are.
The Department of Health and Human Services has announced the new poverty income guidelines for 2013. The new minimum monthly maintenance needs allowance (MMMNA) used to determine eligiblity for many government programs has ristn this year to $1,938.75 in the 48 contiguous states and the District of Columbia, effective no later than July 1, 2013. Last year, that amount was $1,891.25.
The new figure will be $2,422.50 in Alaska and $2,231.25 in Hawaii. The minimum MMMNA is 150 percent of the monthly poverty guideline for a couple.
For a full list of the 2013 poverty income guidelines, click here.
What does this mean? If you want Medicaid, Federal Grants for Education, etc. if your income is lower than the MMMNA, you should easily qualify!
The Department of Health and Human Services has announced the new poverty income guidelines for 2013. The new minimum monthly maintenance needs allowance (MMMNA) used to determine eligiblity for many government programs has ristn this year to $1,938.75 in the 48 contiguous states and the District of Columbia, effective no later than July 1, 2013. Last year, that amount was $1,891.25.
The new figure will be $2,422.50 in Alaska and $2,231.25 in Hawaii. The minimum MMMNA is 150 percent of the monthly poverty guideline for a couple.
For a full list of the 2013 poverty income guidelines, click here.
What does this mean? If you want Medicaid, Federal Grants for Education, etc. if your income is lower than the MMMNA, you should easily qualify!
Wednesday, January 30, 2013
Social Security Changes Coming
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No matter how dark the night!