Merry Christmas! This has been a year of firsts, lasts and never mores!
Firsts included:
A personal best in the House of Hope Run Around the Pines 5K, followed by breakfast at my house served for many friends who also ran the race.
Scalloping around the Crystal River/Homosassa Gulf Coast. After the Deep Horizons explosion caused an Oil Spill (Hopefully Last and Never more) in the Gulf of Mexico, the State of Florida opened the Scalloping season early to ensure the maximum harvest possible prior to any potential oil contamination. My best description of Scalloping is a great underwater Easter egg hunt! Snorkeling in 5 to 25 feet of water watching for scallops may sound boring to many people, but I assure you, the first time you pick one up and find two or five more within arms reach, and the one begins snapping and swimming toward you, YOU WILL BE HOOKED! Unfortunately, when you clean your 5 gallons of scallops and realize only one meal's worth of result, you may be a little disappointed. However, the next time you order scallops in a restaurant, you might find a greater appreciation for their size and plumpness!
Finally, my brother and his wife had their First Child, a son, in October. I fear October may have signaled my parents' Last visit to Florida for a while! A new child brings all the wonder and potential of the world to bear on the family. I pray they will enjoy every possible happiness!
Once again, I look back over the year and see blessings I did not deserve, and trials I thought were undeserved! The richest blessings of all are the many friends I have been fortunate to encounter, some daily, some once in a lifetime. At Christmas I try to reflect on all these gifts and remember to say Thank you.
May God Richly Bless You this Season.
If you have need of an attorney, please do not hesitate to call me. 407-645-3297 or visit my website at www.aubreylaw.com
Thursday, December 23, 2010
Wednesday, December 15, 2010
Happy Birthday to My Son
Words are inadequate to express the love of a father for his only son. In my son, I see all my hopes and dreams, yet I cannot help but acknowledge the fears and regrets as well. For all the times I was too busy to play his game, or watch his TV show, or play legos, or build forts, I will be forever sorry. But for all the things I have taught him over the years, for all the days we have explored National Parks, Hiked Trails, Swam in Springs, Climbed Mountains, visited Stadiums, and so many more places, I will be forever thankful.
J.R. took my highschool name as his own several years ago. I have to admit I almost cried when at a wrestling match, a cute girl yelled for him during warmups. Today, my baby is 16, and I feel older than dirt.
Forgive me not writing more, but I am off to let him drive me around on several errands to visit clients and deliver special documents.
Happy Birthday.
J.R. took my highschool name as his own several years ago. I have to admit I almost cried when at a wrestling match, a cute girl yelled for him during warmups. Today, my baby is 16, and I feel older than dirt.
Forgive me not writing more, but I am off to let him drive me around on several errands to visit clients and deliver special documents.
Happy Birthday.
Tuesday, November 2, 2010
Thursday, September 9, 2010
What to Take to a Meeting with an Attorney
On the phone many first-time callers will inquire as to what items to bring. Obviously the answer depends largely on the needs of the client.
If I am meeting as an Elder Law Attorney, I expect to see a complete picture of the financial and medical needs of the client. That means: bring copies of the most recent bank statements, investment account statements, and Social Security Statements; bring some knowledge of the persons physical abilities and limitations, and most of all, bring honesty.
The Elder Law Attorney must have a complete and ACCURATE picture of the clients needs as well as resources. Sometimes a client may not want to disclose all assets, which can be a real hindrance to qualifying for Medicaid. If the true picture is known the attorney's advice will be remarkably different from that given on limited facts.
When I meet with clients in divorce situations as a Family Law Attorney, I expect to see a complete picture of the Marital Difficulties, Financial Assets, Financial Needs and family needs of the client. This means you should bring: at least 3 months of Bank Statements and Credit Card statements, for both parties if possible; bring a list of all Real Property owned by the parties, whether jointly owned or not (sometimes people are confused as to what constitutes Marital Property under Florida Law); a list of IMPORTANT Personal possessions, and as before, HONESTY.
A Family Law attorney cannot fix all the problems and if you bring a jaded 1/2 picture of the issues, your attorney may miss important points of advice. If you believe your spouse is unreasonable in negotiations, the Specialist in Family law may make different recommendations. So many times people think a previously unreasonable spouse will want to "work things out for the children" once the divorce is filed. Most times the stress of a litigation brings out the worst character traits in people, not the most altruistic.
Finally, bring a method of payment. If an attorney offers a Free Consultation take it, but most good attorneys do not give their advice away during Free Consulations. Better to pay a fee and get real advice and counsel than to take the Free Consultation only to spend an hour telling the attorney of the problem and have no idea of the attorney's opinion at the end. My office takes Cash, Checks and most major Credit Cards. A Consultation normally lasts TWO hours but I typically charge for one hour of time. Flat Fee Services are available as well.
Call me for an appointment, 407-645-3297 or visit my website at www.aubreylaw.com
If I am meeting as an Elder Law Attorney, I expect to see a complete picture of the financial and medical needs of the client. That means: bring copies of the most recent bank statements, investment account statements, and Social Security Statements; bring some knowledge of the persons physical abilities and limitations, and most of all, bring honesty.
The Elder Law Attorney must have a complete and ACCURATE picture of the clients needs as well as resources. Sometimes a client may not want to disclose all assets, which can be a real hindrance to qualifying for Medicaid. If the true picture is known the attorney's advice will be remarkably different from that given on limited facts.
When I meet with clients in divorce situations as a Family Law Attorney, I expect to see a complete picture of the Marital Difficulties, Financial Assets, Financial Needs and family needs of the client. This means you should bring: at least 3 months of Bank Statements and Credit Card statements, for both parties if possible; bring a list of all Real Property owned by the parties, whether jointly owned or not (sometimes people are confused as to what constitutes Marital Property under Florida Law); a list of IMPORTANT Personal possessions, and as before, HONESTY.
A Family Law attorney cannot fix all the problems and if you bring a jaded 1/2 picture of the issues, your attorney may miss important points of advice. If you believe your spouse is unreasonable in negotiations, the Specialist in Family law may make different recommendations. So many times people think a previously unreasonable spouse will want to "work things out for the children" once the divorce is filed. Most times the stress of a litigation brings out the worst character traits in people, not the most altruistic.
Finally, bring a method of payment. If an attorney offers a Free Consultation take it, but most good attorneys do not give their advice away during Free Consulations. Better to pay a fee and get real advice and counsel than to take the Free Consultation only to spend an hour telling the attorney of the problem and have no idea of the attorney's opinion at the end. My office takes Cash, Checks and most major Credit Cards. A Consultation normally lasts TWO hours but I typically charge for one hour of time. Flat Fee Services are available as well.
Call me for an appointment, 407-645-3297 or visit my website at www.aubreylaw.com
Wednesday, September 1, 2010
"Specializing In" or One of Many Practice Areas: Selecting an Attorney
When you see an attorney advertising on TV or Billboards, what do you think?
Advertising has been a special problem for attorneys for decades. The First Amendment guarantees "Free Speech" but Bar Associations such as The Florida Bar place significant restrictions on what an attorney can say, when and to whom.
One area of concern to the bar is the "Specialist" or advertising an area of practice with "Specializing In" stated. For an attorney, becoming a "Specialist" means being Certified by the Florida Bar. To be certified, an attorney must devote more than 50% of practice for the previous 5 years to the given area. In Family Law, to advertise as Specializing in Family Law, the attorney must devote the Majority of practice to family law, pass a separate test in Family law, and must have at least two major hearings or trials per year to maintain proficiency.
To advertize "Specializing in Elder Law", one must be "Certified in Practice", devote the Majority of Practice to Elder Law, Pass a difficult test in addition to the Bar Exam, and devote many hours to continuing Legal Education in the area of Elder Law.
From reading this you see how it is virtually impossible to be a specialist in Family law and Elder Law at the same time.
My Practice focuses on both Family Law and Elder Law, but I am not a "Specialist." I devote about 1/2 my practice to each area, but cannot sit for either exam due to my significant practice in both areas. Additionally, Mediation and settlement of most Family Law matters prevents me from going to Trial in the requisite number of cases each year.
My practice is all about helping people and I enjoy my practice. While I'd like to be a "Specialist", for now, I will have to be happy serving my clients needs to the best of my abilities and let their referrals indicate whether I am fulfilling my calling.
If you need help with a family law matter or elder law matter, visit my website at http://www.aubreylaw.com/ or call me at 407-645-3297. I will be happy to assist you. Aubrey
Advertising has been a special problem for attorneys for decades. The First Amendment guarantees "Free Speech" but Bar Associations such as The Florida Bar place significant restrictions on what an attorney can say, when and to whom.
One area of concern to the bar is the "Specialist" or advertising an area of practice with "Specializing In" stated. For an attorney, becoming a "Specialist" means being Certified by the Florida Bar. To be certified, an attorney must devote more than 50% of practice for the previous 5 years to the given area. In Family Law, to advertise as Specializing in Family Law, the attorney must devote the Majority of practice to family law, pass a separate test in Family law, and must have at least two major hearings or trials per year to maintain proficiency.
To advertize "Specializing in Elder Law", one must be "Certified in Practice", devote the Majority of Practice to Elder Law, Pass a difficult test in addition to the Bar Exam, and devote many hours to continuing Legal Education in the area of Elder Law.
From reading this you see how it is virtually impossible to be a specialist in Family law and Elder Law at the same time.
My Practice focuses on both Family Law and Elder Law, but I am not a "Specialist." I devote about 1/2 my practice to each area, but cannot sit for either exam due to my significant practice in both areas. Additionally, Mediation and settlement of most Family Law matters prevents me from going to Trial in the requisite number of cases each year.
My practice is all about helping people and I enjoy my practice. While I'd like to be a "Specialist", for now, I will have to be happy serving my clients needs to the best of my abilities and let their referrals indicate whether I am fulfilling my calling.
If you need help with a family law matter or elder law matter, visit my website at http://www.aubreylaw.com/ or call me at 407-645-3297. I will be happy to assist you. Aubrey
Tuesday, August 24, 2010
How Many Attorneys Does it Take?
I know this sounds like a joke, but I was actually serious. How many attorneys you consult about a problem gives an indication of your interest and trust. How many should you consult? If you receive a recommendation from a trusted friend, and the attorney is competent to handle your case, you may not want to waste time getting second opinions.
Most good attorneys, like any good doctor, will be happy for you to seek out a second opinion. Once you have consulted and aquired a number of opinions, in choosing an attorney you should consider a several questions:
Who do you trust more?
Who makes you feel most comfortable?
Whose advice will you most easily accept?
Who has the simplest fee structure?
Who expects the most up front money, or Retainer?
Who has the expertise in your area of law?
Who has been in practice longer?
Who is most up to date on the Law?
In answering these questions, you will be able to select the attorney most competent to handle your case.
Do not be afraid to ask hard questions, such as:
How much will this cost?
What are the negative possibilities?
Am I liable for any other costs or fees?
Will the court order the other side to pay your fees?
Most important when suing for money damages, child support, alimony, or equitable distribution, what are my chances of actually collecting from the defendant?
In the end, the more answers you have at the beginning, the more likely you are to understand the process and potential outcomes.
So, how many attorneys does it take to change a lightbulb? Just One, but it has to be a good Case.
OK, here is the joke: How many attorneys does it take to change a lightbulb? Four. One to change the lightbulb. One to climb the ladder, one to shake the ladder, one to sue the ladder company.
Most good attorneys, like any good doctor, will be happy for you to seek out a second opinion. Once you have consulted and aquired a number of opinions, in choosing an attorney you should consider a several questions:
Who do you trust more?
Who makes you feel most comfortable?
Whose advice will you most easily accept?
Who has the simplest fee structure?
Who expects the most up front money, or Retainer?
Who has the expertise in your area of law?
Who has been in practice longer?
Who is most up to date on the Law?
In answering these questions, you will be able to select the attorney most competent to handle your case.
Do not be afraid to ask hard questions, such as:
How much will this cost?
What are the negative possibilities?
Am I liable for any other costs or fees?
Will the court order the other side to pay your fees?
Most important when suing for money damages, child support, alimony, or equitable distribution, what are my chances of actually collecting from the defendant?
In the end, the more answers you have at the beginning, the more likely you are to understand the process and potential outcomes.
So, how many attorneys does it take to change a lightbulb? Just One, but it has to be a good Case.
OK, here is the joke: How many attorneys does it take to change a lightbulb? Four. One to change the lightbulb. One to climb the ladder, one to shake the ladder, one to sue the ladder company.
Tuesday, August 17, 2010
Divroce and Child Custody (Timesharing in the 2010 era)
When a couple divorces, their children often feel the pain.
Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.
For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.
Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.
In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.
Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.
When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com
I am ready to assist you.
Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.
For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.
Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.
In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.
Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.
When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com
I am ready to assist you.
Friday, August 13, 2010
Why Attorney's Try
I had a call today from a man who wants to see his child. Unfortunately, the last time the man saw his child, Police were taking him away to jail on charges of domestic violence. Three weeks later, should all be forgotten?
Sometimes it is better to take a little time to make sure a situation will not recur. Courts can and will use a Timesharing Parenting Plan to establish a routine for the child to ensure the parents have little opportunity to fight or argue.
Now why would an attorney say, "Wait one more week to see your child?"
Because, despite years of jokes and news items almost daily of attorneys acting in their own interests, many of us want to see children raised in the safest possible environment.
When domestic violence is present in the home, DCF, the Department of Children and Families can move in to take the children from the home and place them in foster care. I do not want any children taken by the state and placed in foster care. There are far too many for which this reality is unavoidable.
In cases where attorneys are involved from the start, many times unpleasantness can be avoided or minimized to prevent things escalating to a point where the State has an Obligation to Protect the children by removing them from the home.
If you find yourself in a violent home, call me at 407-645-3297, I will make every effort to assist you.
Visit my website at http://www.aubreylaw.com/ and learn more about me and the services provided by my firm.
WE PROTECT CHILDREN.
No child should have to see his or her parent harmed, especially by the other parent.
Sometimes it is better to take a little time to make sure a situation will not recur. Courts can and will use a Timesharing Parenting Plan to establish a routine for the child to ensure the parents have little opportunity to fight or argue.
Now why would an attorney say, "Wait one more week to see your child?"
Because, despite years of jokes and news items almost daily of attorneys acting in their own interests, many of us want to see children raised in the safest possible environment.
When domestic violence is present in the home, DCF, the Department of Children and Families can move in to take the children from the home and place them in foster care. I do not want any children taken by the state and placed in foster care. There are far too many for which this reality is unavoidable.
In cases where attorneys are involved from the start, many times unpleasantness can be avoided or minimized to prevent things escalating to a point where the State has an Obligation to Protect the children by removing them from the home.
If you find yourself in a violent home, call me at 407-645-3297, I will make every effort to assist you.
Visit my website at http://www.aubreylaw.com/ and learn more about me and the services provided by my firm.
WE PROTECT CHILDREN.
No child should have to see his or her parent harmed, especially by the other parent.
Monday, August 9, 2010
Family Reunion in Tennessee
This past weekend, I drove 24 hours round trip to Tennessee to see my family. The family, distant relations, cousins and friends most of whom I had not seen since I last attended this reunion 25 years ago, was described by one of the 55 year 'friends' as the Nicest family she has ever known. What a Joy. Sharing stories of long ago loves, courtships, children, pranks, jokes, dances, murders, drunkeness, abandonment, the list grows longer, but the stories are told again. The family is described in two different books and its is likely that every person who traveled the Cumberland Gap road between 1796 and today has been impacted by the Snoderlies, Cranks, Bollingers, Onks, Eubanks and others who make up this delightful bunch.
This family has its share of unpleasant issues and complications. One Great-grandmother is cared for by a grandson, though her son or daughter could also provide the care. The family as a whole abhors nursing homes due to an incident of elder abuse in the 70's that proved no care is like family care.
Divorces are evident with second spouses and questions of first wives, children with differing last names, even one divorced couple that still attend because they both love all these people so much.
The Chidren were incredible. No fighting, just playful banter between long lost friends who have never met, but because their parents said they are cousins must be glad to see each other.
One family was restored many years ago after a newborn boy was given up for adoption. An ad in a geneological magazine led the family to find him and learn they had lived within 20 miles of each other for the past 40 years.
Pickin guitars, and singing songs late into the night while negotiating for just a taste of homemade peach wine, kept us up til all hours, but noone was too tired to be pleasant.
On the whole, and by all individual parts, I would not trade this weekend for anything.
This family has its share of unpleasant issues and complications. One Great-grandmother is cared for by a grandson, though her son or daughter could also provide the care. The family as a whole abhors nursing homes due to an incident of elder abuse in the 70's that proved no care is like family care.
Divorces are evident with second spouses and questions of first wives, children with differing last names, even one divorced couple that still attend because they both love all these people so much.
The Chidren were incredible. No fighting, just playful banter between long lost friends who have never met, but because their parents said they are cousins must be glad to see each other.
One family was restored many years ago after a newborn boy was given up for adoption. An ad in a geneological magazine led the family to find him and learn they had lived within 20 miles of each other for the past 40 years.
Pickin guitars, and singing songs late into the night while negotiating for just a taste of homemade peach wine, kept us up til all hours, but noone was too tired to be pleasant.
On the whole, and by all individual parts, I would not trade this weekend for anything.
Thursday, July 29, 2010
Busy Weeks! And this is Summer!
Wow, I have been very busy lately: All day trial as a Guardian Ad Litem; half day trial to a magistrate on Child Support Enforcement; half day trial on Domestic Violence to have an injunction disolved; meetings to establish guardianships for adults, children with developmental disablilities soon to be adults; meetings with clients arrested and charged under Arizona-law like immigration issues, and many meetings to figure out how to stop a Mortgage Foreclosure case where the Bank acted improperly.
As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.
If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!
Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.
Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.
I am available at 407-645-3297, or visit my website at www.aubreylaw.com
As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.
If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!
Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.
Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.
I am available at 407-645-3297, or visit my website at www.aubreylaw.com
Monday, July 12, 2010
Andy's New Bike
Many months ago I wrote about Andy. He is a child in a man's body. Born 40 years ago with Fetal Alcohol Syndrome, his adoptive parents did not hesitate to provide him with a loving home and everything he needs to be as independent as possible. Last week, his bike was stolen. This week he has a new one. http://growingbolder.com/644948.html Thanks to all the bikers of the world, and Tijuana Flats, and everyone with an open hearts to care.
Life is full of opportunities to be nice. Doing something for someone else is worth the effort. Andy knows there are bad people in the world, but they are far outnumbered by the good people.
Live, Laugh, Love.
Life is full of opportunities to be nice. Doing something for someone else is worth the effort. Andy knows there are bad people in the world, but they are far outnumbered by the good people.
Live, Laugh, Love.
Tuesday, July 6, 2010
Rest and Relaxation - Vacation or Respite Care
Everybody needs a break. I just returned from a very busy vacation. Although it included a couple of telephonic hearings and several face to face meetings with attorneys in Tennessee, as well as a three day convention in Charlotte, NC, I returned refreshed!
In only 7 working days out of the office, I returned with new energy. Sometimes work is so overwhelming, we need to step back and let others take the reins while we ride along enjoying the view. My very capable staff managed to address all the client issues that arose in my absence without having to trouble me with calls and emails of any urgent nature.
For many of my clients caring for their aging parents or disabled children, vacations and time away are almost impossible. Although caring for aging parents can tax a person beyond their comprehension, sometimes the caregivers may not even recognize how truly exhausting their job can be. Many do not think others are willing or capable to provide the care; some may simply feel no one else will do the job, or do the job correctly.
Respite care is used to provide care for the caregiver. Most Assisted Living Facilities have programs to allow seniors in need of care to stay for a few days or even weeks to allow the caregivers the time to unwind and relax on vacation. In home healthcare providers also can provide the necessary down time to caregivers when the invalid is unable to leave the home for any reason.
In my own life, my mother took care of my paternal grandmother for 8 years until just before her death in 1987. During that time, I only remember one time she was away from home for more than 24 hours. Although my father had 8 siblings, no one offered a break.
My mother again was the caregiver and took care of her own father for more than 5 years until his death in 2008. In that time, her sister provided two separate vacations of 1 week each when she provided care for her father. Again, siblings seldom see the needs or offer the support so necessary to provide care to disabled parents. More often than not, the love and affection that spurs such care is ignored in the Will or asset allocations of statutes.
If you are in need of assistance, call me. My number is 407-645-3297 and I will be happy to help you. Either by pointing you to resources in your area, or by assisting in setting up your own will so the people providing the care needed are not trampled in the rush to divide the assets after your death, I help people every day to solve some of life's most pressing issues.
www.aubreylaw.com has many Frequently Asked Questions and other resources to provide you needed information.
In only 7 working days out of the office, I returned with new energy. Sometimes work is so overwhelming, we need to step back and let others take the reins while we ride along enjoying the view. My very capable staff managed to address all the client issues that arose in my absence without having to trouble me with calls and emails of any urgent nature.
For many of my clients caring for their aging parents or disabled children, vacations and time away are almost impossible. Although caring for aging parents can tax a person beyond their comprehension, sometimes the caregivers may not even recognize how truly exhausting their job can be. Many do not think others are willing or capable to provide the care; some may simply feel no one else will do the job, or do the job correctly.
Respite care is used to provide care for the caregiver. Most Assisted Living Facilities have programs to allow seniors in need of care to stay for a few days or even weeks to allow the caregivers the time to unwind and relax on vacation. In home healthcare providers also can provide the necessary down time to caregivers when the invalid is unable to leave the home for any reason.
In my own life, my mother took care of my paternal grandmother for 8 years until just before her death in 1987. During that time, I only remember one time she was away from home for more than 24 hours. Although my father had 8 siblings, no one offered a break.
My mother again was the caregiver and took care of her own father for more than 5 years until his death in 2008. In that time, her sister provided two separate vacations of 1 week each when she provided care for her father. Again, siblings seldom see the needs or offer the support so necessary to provide care to disabled parents. More often than not, the love and affection that spurs such care is ignored in the Will or asset allocations of statutes.
If you are in need of assistance, call me. My number is 407-645-3297 and I will be happy to help you. Either by pointing you to resources in your area, or by assisting in setting up your own will so the people providing the care needed are not trampled in the rush to divide the assets after your death, I help people every day to solve some of life's most pressing issues.
www.aubreylaw.com has many Frequently Asked Questions and other resources to provide you needed information.
Wednesday, June 9, 2010
Grandparents Really Do Have Rights - Visitation
The Florida Statutes give grandparents, and great-grandparents certain rights for visitation with the grandchildren; however, don't get carried away and think you can simply demand access and be granted a lifetime placement with the child.
In all cases involving children, the court MUST consider the "best interests of the child"
in determining whether visitation is appropriate and under what circumstances.
The court must first find either: the marriage was disolved, a parent has abandoned the child or the child was born out of wedlock and no paternity has been established. Following this initial determination, the court then considers the "best interests of the child" and looks to:
a. The willingness of the grandparent to encourage a close and continuing bond between the child and the parent (no interference in parental decision making or actions)
b. The length and quality of the relationship prior to seeking visitation (how long and how much did you see the child before the difficulty arose)
c. The preference of the child if the child is old enough to express a preference on their own
(in layman's terms, teens can't be forced to visit people they don't want to visit)
d. The mental and physical health of the child
e. The mental and physical health of the grandparent
f. Such other factors as the court deems relevant (whatever else the court wants to consider)
If you are a grandparent who wants to have visitation with your grandchildren and you have been prevented by parent, you may have reason to rejoice. Selecting an attorney who understands your rights and the process by which they can be achieved is crucial.
Call me: 407-645-3297 or visit my website at www.aubreylaw.com or www.floridaguardianattorney.com
I will be there to help - and you can be there to help your grandchildren grow up!
In all cases involving children, the court MUST consider the "best interests of the child"
in determining whether visitation is appropriate and under what circumstances.
The court must first find either: the marriage was disolved, a parent has abandoned the child or the child was born out of wedlock and no paternity has been established. Following this initial determination, the court then considers the "best interests of the child" and looks to:
a. The willingness of the grandparent to encourage a close and continuing bond between the child and the parent (no interference in parental decision making or actions)
b. The length and quality of the relationship prior to seeking visitation (how long and how much did you see the child before the difficulty arose)
c. The preference of the child if the child is old enough to express a preference on their own
(in layman's terms, teens can't be forced to visit people they don't want to visit)
d. The mental and physical health of the child
e. The mental and physical health of the grandparent
f. Such other factors as the court deems relevant (whatever else the court wants to consider)
If you are a grandparent who wants to have visitation with your grandchildren and you have been prevented by parent, you may have reason to rejoice. Selecting an attorney who understands your rights and the process by which they can be achieved is crucial.
Call me: 407-645-3297 or visit my website at www.aubreylaw.com or www.floridaguardianattorney.com
I will be there to help - and you can be there to help your grandchildren grow up!
Wednesday, June 2, 2010
Litigation Management or Mediation Solution
A trial in Divorce Court is not pleasant. In Florida, we have "No Fault" divorces. Nobody gets to tell their side to the judge in hopes of a "win" where fault is not at issue.
He had an affair. She spent our nest egg. He gambled away our retirement. She drank too much. He was not supportive of her career. She wouldn't get a job after the kids went to school. She wouldn't pick up the dirty laundry off the bathroom floor. He left a mess in the kitchen every night.
I have heard a LOT of Excuses for Divorce. There are many good reasons, but sometimes the excuses feel better. Unfortunately, the court doesn't have time or interest in solving all these issues and assigning blame.
The Court's concern is summed up in PEACE:
Parenting: ususally shared. Which parent will have a majority of timeshare with the children?
Equitable Distribution: All the assets and liabilities acquired during the marriage have to be divided between the parties. That includes all retirement accounts, as well as any retirement benefits earned. Houses, cars and investments are legitimate negotiation points; however, furniture and fluff can cause too much litigation. I once spent an hour in mediation to divide a big screen TV. The mediator and two attorneys cost 850 for that hour, more than half the cost of a new TV. In the end, the TV was damaged when turned over and even more litigation ensued.
Alimony: In Florida, normally, we have short term, and long term marriages. Long term get alimony, short term do not. There are also "gray area" marriages which may or may not result in Permanent Alimony depending on several factors listed in the statutes.
Child Support: Once Alimony is awarded, child support is calculated based on the combined income of the parties. A mathmatical formula establishes how much child support will be paid. Negotiation of this amount is possible, but many judges want factual calculations and will award that amount regardless of settlement agreements because child support is the CHILD's interest and should not be waived by one or the other parent.
Everything Else: Attorney's fees. Costs. Mediation Fees. Etc. Anything that doesn't fit in the first 4 categories falls here. Sometimes agreeing to pay a set amount for Attorney's fees is preferrable to having a trial and paying many times the amount to "Win" in court.
PEACE Possible In Divorce!
Call me at 407-645-3297, or just visit my website at www.aubreylaw.com
PEACE is within reach!
He had an affair. She spent our nest egg. He gambled away our retirement. She drank too much. He was not supportive of her career. She wouldn't get a job after the kids went to school. She wouldn't pick up the dirty laundry off the bathroom floor. He left a mess in the kitchen every night.
I have heard a LOT of Excuses for Divorce. There are many good reasons, but sometimes the excuses feel better. Unfortunately, the court doesn't have time or interest in solving all these issues and assigning blame.
The Court's concern is summed up in PEACE:
Parenting: ususally shared. Which parent will have a majority of timeshare with the children?
Equitable Distribution: All the assets and liabilities acquired during the marriage have to be divided between the parties. That includes all retirement accounts, as well as any retirement benefits earned. Houses, cars and investments are legitimate negotiation points; however, furniture and fluff can cause too much litigation. I once spent an hour in mediation to divide a big screen TV. The mediator and two attorneys cost 850 for that hour, more than half the cost of a new TV. In the end, the TV was damaged when turned over and even more litigation ensued.
Alimony: In Florida, normally, we have short term, and long term marriages. Long term get alimony, short term do not. There are also "gray area" marriages which may or may not result in Permanent Alimony depending on several factors listed in the statutes.
Child Support: Once Alimony is awarded, child support is calculated based on the combined income of the parties. A mathmatical formula establishes how much child support will be paid. Negotiation of this amount is possible, but many judges want factual calculations and will award that amount regardless of settlement agreements because child support is the CHILD's interest and should not be waived by one or the other parent.
Everything Else: Attorney's fees. Costs. Mediation Fees. Etc. Anything that doesn't fit in the first 4 categories falls here. Sometimes agreeing to pay a set amount for Attorney's fees is preferrable to having a trial and paying many times the amount to "Win" in court.
PEACE Possible In Divorce!
Call me at 407-645-3297, or just visit my website at www.aubreylaw.com
PEACE is within reach!
Monday, May 24, 2010
Fraud and Elder Abuse
What happens when you receive a letter from an attorney promising you a settlement of $130,000 but failing to disclose any information as to the case, the parties or how you came to be contacted?
Does your answer change if they include an "Official Bank Check" to cover the court costs as an "advance against "bailiff costs and court fees"?
Unfortunately, many people will fall for this scam and deposit the check into their account, giving vital information to the theives working to steal their money. Others will talk to the scammer on the phone and give all the information needed to have their accounts drained.
Elders are at risk for these scams. The FBI, AARP, and the Florida Department of Elder Affairs all warn of the risks of giving personal information over the phone to someone you don't know, but seniors continue to be duped by official looking correspondence simply because they cannot believe this would be a scam. It all looks so official.
Anyone can go online to verify the identity of an attorney, even those out of state. Go to Martindale.com to find a list of attorneys worldwide who are of good reputation. Lawyers.com and Findlaw.com also lists attorneys. Yes these sites require the attorney to pay a fee for advertising to be listed; however, if attorneys are dealing with you from out of state, shouldn't they be listed somewhere?
Finding an attorney is not hard; verifying the "attorney" who found you is truly serving your interests, may be. Beating fraud is worth the effort.
Does your answer change if they include an "Official Bank Check" to cover the court costs as an "advance against "bailiff costs and court fees"?
Unfortunately, many people will fall for this scam and deposit the check into their account, giving vital information to the theives working to steal their money. Others will talk to the scammer on the phone and give all the information needed to have their accounts drained.
Elders are at risk for these scams. The FBI, AARP, and the Florida Department of Elder Affairs all warn of the risks of giving personal information over the phone to someone you don't know, but seniors continue to be duped by official looking correspondence simply because they cannot believe this would be a scam. It all looks so official.
Anyone can go online to verify the identity of an attorney, even those out of state. Go to Martindale.com to find a list of attorneys worldwide who are of good reputation. Lawyers.com and Findlaw.com also lists attorneys. Yes these sites require the attorney to pay a fee for advertising to be listed; however, if attorneys are dealing with you from out of state, shouldn't they be listed somewhere?
Finding an attorney is not hard; verifying the "attorney" who found you is truly serving your interests, may be. Beating fraud is worth the effort.
Friday, May 21, 2010
What Not to Expect from Your Attorney
Guarantee: No Attorney should Ever "Guarantee" a certain result from a court. Many times courts rule on issues in line with past rulings; however, a Guarantee of any certain result is prohibited by the rules of ethical conduct. The Attorney can never forsee every possible occurrance or testimony in a given case. With the facts at hand the attorney may recommend a course of action, but any "Guarantee" of what the court will do, is quite simply bad advice.
Promise: Like a Guarantee, for an attorney to "Promise" a certain result is not allowed. The attorney has no control over the other party, and no control over the court.
Advise that the Client Lie: Attorneys are forbidden to illicit testimony they know to be false. This means, if the attorney asks the client a question under oath, such as at trial or deposition, and the client answers in such a way as the attorney Knows the answer if False, the attorney must correct the situtation. There are ethical rules every attorney MUST follow to ensure the integrity of the court system. The most important is not to allow the client to lie to the court.
Willingness to Lie for the Client: Just as the attorney cannot encourage or permit the client to lie to the court, so the Attorney if Forbidden to Lie for the client. If your attorney is willing to lie for you, how can you trust that your attorney will not lie TO you?
Dishonesty: At the heart of the Attorney-Client privilege is the notion that the attorney cannot adequately represent the client without full knowledge and honesty from the client. The Client therefore Must be able to Trust the Attorney to Fully and Fairly answer questions posed. In order to protect the client to fully reveal information that may help or harm the case, the attorney-client privilege prevents the attorney revealing or using the information to the client's detriment.
Perfection: The PRACTICE of Law is truly an art, not a science. Statutes are continually amended by legislatures, interpreted by courts, and exposed by attorneys. Sometimes what has always occurred doesn't and many times the court has not had a question posed in this way. Attorneys may not have all the information necessary to completely anticipate every possible problem. But we try!
If you can accept attorneys are only human, you may be able to accept their assistance!
Promise: Like a Guarantee, for an attorney to "Promise" a certain result is not allowed. The attorney has no control over the other party, and no control over the court.
Advise that the Client Lie: Attorneys are forbidden to illicit testimony they know to be false. This means, if the attorney asks the client a question under oath, such as at trial or deposition, and the client answers in such a way as the attorney Knows the answer if False, the attorney must correct the situtation. There are ethical rules every attorney MUST follow to ensure the integrity of the court system. The most important is not to allow the client to lie to the court.
Willingness to Lie for the Client: Just as the attorney cannot encourage or permit the client to lie to the court, so the Attorney if Forbidden to Lie for the client. If your attorney is willing to lie for you, how can you trust that your attorney will not lie TO you?
Dishonesty: At the heart of the Attorney-Client privilege is the notion that the attorney cannot adequately represent the client without full knowledge and honesty from the client. The Client therefore Must be able to Trust the Attorney to Fully and Fairly answer questions posed. In order to protect the client to fully reveal information that may help or harm the case, the attorney-client privilege prevents the attorney revealing or using the information to the client's detriment.
Perfection: The PRACTICE of Law is truly an art, not a science. Statutes are continually amended by legislatures, interpreted by courts, and exposed by attorneys. Sometimes what has always occurred doesn't and many times the court has not had a question posed in this way. Attorneys may not have all the information necessary to completely anticipate every possible problem. But we try!
If you can accept attorneys are only human, you may be able to accept their assistance!
Tuesday, May 18, 2010
What Should You Expect from Your Lawyer?
Honesty. If your attorney doesn't tell you the potential downside and pittfalls of a course of action, she is doing you a disservice. You must know the bad possibilities as well as the good. Only when fully informed can you make the best decision. After all, you are the one who has to live with your decisions!
Integrity. Your opponent must be able to trust what your attorney tells them. The Court MUST be able to trust what your attorney tells it. If the attorney says he will present certain evidence, or he has a receipt showing something was purchased by a business, he must be able to back it up, or be forced to prove every detail - at potentially great expense.
Fairness. Treating the other side fairly doesn't hurt your case. In many instances it begins the process of healing that will allow both sides to put the difficulties to rest once and for all in settlement. A Trial is a bad way to achieve fairness. The parties have far less input and much greater expense. Besides, who knows your family better, You and Your future Ex Spouse? or the Judge who has listened to both sides of an argument for 4-6 hours?
Reasonable Billing Practices. The honest answer is Your attorney has a family to feed and must operate his or her practice in a profitable manner. Many times people assume a "quick question" will not result in a bill. Sometimes the answer is clear, but the question still interrupts the work ongoing in the office and usually requires an answer the same day. With only 8 hours in the work day, most attorneys have to work several more hours each day just to keep the messages from piling up, while still researching legal opinions, writing briefs, reviewing the latest rulings, keeping abreast of statutory law changes, planning for hearings, preparing for trials, etc.
Tomorrow: What NOT to expect from your attorney.
Integrity. Your opponent must be able to trust what your attorney tells them. The Court MUST be able to trust what your attorney tells it. If the attorney says he will present certain evidence, or he has a receipt showing something was purchased by a business, he must be able to back it up, or be forced to prove every detail - at potentially great expense.
Fairness. Treating the other side fairly doesn't hurt your case. In many instances it begins the process of healing that will allow both sides to put the difficulties to rest once and for all in settlement. A Trial is a bad way to achieve fairness. The parties have far less input and much greater expense. Besides, who knows your family better, You and Your future Ex Spouse? or the Judge who has listened to both sides of an argument for 4-6 hours?
Reasonable Billing Practices. The honest answer is Your attorney has a family to feed and must operate his or her practice in a profitable manner. Many times people assume a "quick question" will not result in a bill. Sometimes the answer is clear, but the question still interrupts the work ongoing in the office and usually requires an answer the same day. With only 8 hours in the work day, most attorneys have to work several more hours each day just to keep the messages from piling up, while still researching legal opinions, writing briefs, reviewing the latest rulings, keeping abreast of statutory law changes, planning for hearings, preparing for trials, etc.
Tomorrow: What NOT to expect from your attorney.
Thursday, May 13, 2010
Safe Driving for Seniors
Driving gets harder as you age. Reflexes are not as fast, hearing and eyesight begin to deteriorate.
Then again, experience makes older drivers less likely to take risks, such as driving too fast in the rain, or following too closely.
What do you do when Dad needs to stop driving? Concern is common among adult children of "experienced" drivers. Aging parents continue to drive as they have for years. Just bringing up driving restrictions may seem to overstep boundaries. How does a 50 year old tell a 70 year old what is acceptable?
Sometimes just resisting driving at night or during rush hour can alleviate most concerns. Unfortunately, it may be hard for children to identify and correct potentially dangerous behavior.
A real concern appears when Mom begins to "forget" where she is going, how to get there, or worse, how to get home. When Alzheimers and dementia begin, driving may be the first clue. Does Dad seem lost behind the wheel? Does Mom need constant direction to keep her going the right way?
For help with these questions and more, call an attorney who practices in Elder Law. Choosing the right attorney is paramount to making a smooth transition from driving to caring for your aging parents.
If you have questions, Call me, 407-645-3297, or visit my website, www.floridaguardianattorney.com You will be glad you asked.
Then again, experience makes older drivers less likely to take risks, such as driving too fast in the rain, or following too closely.
What do you do when Dad needs to stop driving? Concern is common among adult children of "experienced" drivers. Aging parents continue to drive as they have for years. Just bringing up driving restrictions may seem to overstep boundaries. How does a 50 year old tell a 70 year old what is acceptable?
Sometimes just resisting driving at night or during rush hour can alleviate most concerns. Unfortunately, it may be hard for children to identify and correct potentially dangerous behavior.
A real concern appears when Mom begins to "forget" where she is going, how to get there, or worse, how to get home. When Alzheimers and dementia begin, driving may be the first clue. Does Dad seem lost behind the wheel? Does Mom need constant direction to keep her going the right way?
For help with these questions and more, call an attorney who practices in Elder Law. Choosing the right attorney is paramount to making a smooth transition from driving to caring for your aging parents.
If you have questions, Call me, 407-645-3297, or visit my website, www.floridaguardianattorney.com You will be glad you asked.
Friday, May 7, 2010
Take Care of Yourself
Much has been written about the "Sandwich Generation" - those caught between caring for their children while simultaneously caring for their parents. Many people feel the crunch of time and demands and forget that while caring for others, the caregiver also needs care.
Balancing a full-time job with child care is exponentially more difficult when aging or incapacitate parents enter the mix. Children may not understand having to be second or even third on the list when Grandpa or Grandma requires precedence. Family stress compounds when siblings are pressured to provide care without compensation because it is "more convenient" due to proximity to the marital or parental home. When Fathers and Mothers become the burden, HELP IS AVAILABLE!
Please look to community resources for counseling and assistance. If you find yourself overwhelmed with caring while being forgotten, give me a call. Aubrey Ducker, 407-645-3297 or visit my website at www.floridaguardianattorney.com
Balancing a full-time job with child care is exponentially more difficult when aging or incapacitate parents enter the mix. Children may not understand having to be second or even third on the list when Grandpa or Grandma requires precedence. Family stress compounds when siblings are pressured to provide care without compensation because it is "more convenient" due to proximity to the marital or parental home. When Fathers and Mothers become the burden, HELP IS AVAILABLE!
Please look to community resources for counseling and assistance. If you find yourself overwhelmed with caring while being forgotten, give me a call. Aubrey Ducker, 407-645-3297 or visit my website at www.floridaguardianattorney.com
Wednesday, April 28, 2010
Why would You even Talk to a Divorce Lawyer?
They will just break up your marriage! NOT TRUE!
Just having Knowledge of the Law can be key to success in many endeavors, even a successful marriage. Remember - Ignorance of the Law is No Excuse!
There are many issues under the "Family Law" umbrella. Adoption, Divorce, Child Support, Custody - or as we now say in Florida, Time Share - Domestic Violence, Post Disolution Motions, and Prenuptial Agreements are all areas Attorneys work and are vitally needed.
Adoption has many differing aspects that only an attorney can sort out to make the best for your family situation. Is Open Adoption an option? Should you consider a Foreign Adoption? How do you domesticate your Foreign Adoption? Should you be a Foster Parent before even considering adoption? An attorney can help you analyze these critical questions to best suit your family situation.
Prenuptial Agreements may sound like movie star problems; however, seniors, second marriages, widows, widowers, and the like are most likely to need these contracts. Only a well trained attorney can properly guide you through the problems and potential defects in such complex documents.
Divorce - some people are immediately turned off by the word; but in our society, everybody knows someone who needs to talk to a divorce lawyer. Working things out in the court may be more important for the children's wellbeing than staying together for the sake of the children. Children do not thrive in conflict. They sense conflict without being told all the particulars. They want Mommy and Daddy to be happy, but don't know how to make Happy work. Thus children will internalize the conflict and become bullies at school, or withdrawn from friends, or neglect schoolwork, or work extra hard at school, pressuring themselves to make their parents HAPPY. Children should not be made the source of their parents conflict or happiness. That is Stress!!!
Why talk to a Divorce Lawyer? For the sake of the Children! Visit my website at www.aubreylaw.com or
Call me today, 407-645-3297, even if just to say, "Hey, I saw your blog!"
Just having Knowledge of the Law can be key to success in many endeavors, even a successful marriage. Remember - Ignorance of the Law is No Excuse!
There are many issues under the "Family Law" umbrella. Adoption, Divorce, Child Support, Custody - or as we now say in Florida, Time Share - Domestic Violence, Post Disolution Motions, and Prenuptial Agreements are all areas Attorneys work and are vitally needed.
Adoption has many differing aspects that only an attorney can sort out to make the best for your family situation. Is Open Adoption an option? Should you consider a Foreign Adoption? How do you domesticate your Foreign Adoption? Should you be a Foster Parent before even considering adoption? An attorney can help you analyze these critical questions to best suit your family situation.
Prenuptial Agreements may sound like movie star problems; however, seniors, second marriages, widows, widowers, and the like are most likely to need these contracts. Only a well trained attorney can properly guide you through the problems and potential defects in such complex documents.
Divorce - some people are immediately turned off by the word; but in our society, everybody knows someone who needs to talk to a divorce lawyer. Working things out in the court may be more important for the children's wellbeing than staying together for the sake of the children. Children do not thrive in conflict. They sense conflict without being told all the particulars. They want Mommy and Daddy to be happy, but don't know how to make Happy work. Thus children will internalize the conflict and become bullies at school, or withdrawn from friends, or neglect schoolwork, or work extra hard at school, pressuring themselves to make their parents HAPPY. Children should not be made the source of their parents conflict or happiness. That is Stress!!!
Why talk to a Divorce Lawyer? For the sake of the Children! Visit my website at www.aubreylaw.com or
Call me today, 407-645-3297, even if just to say, "Hey, I saw your blog!"
Wednesday, April 21, 2010
Where Does the Time Go?
Please forgive a little marketing:
My time sells for $325 per hour. For some people on a fixed income or when the issues are very straightforward, I can let my time go for as little as $150 per hour. Unfortunately, all my time is not sold every day. Some of my time is wasted sleeping, some spent working out, some spent on my family (this is never a waste and always a priority).
So, what makes the difference between a $325 hour and a $150 hour? Usually the difference is dependent on a wide variety of factors, including: the client's problem; the urgency of need; the intricasy of solution; probability of collection, and my general attitude toward the client. If I truly do not want the client's problem to be my own, my rate quoted may be even higher.
I recently laughed when a client asked how long his $5,000 retainer would last. He had already taken more than 3 hours to describe the problem which could have been summed up in as little as 15 minutes if the man had simply listened to what I, and his previous counsel, had said. You must follow court orders or risk having the court treat you as a derelict.
So where does the time go? Every human gives their time to their own choosing. How cheaply you sell your time determines what you do with it.
My time sells for $325 per hour. For some people on a fixed income or when the issues are very straightforward, I can let my time go for as little as $150 per hour. Unfortunately, all my time is not sold every day. Some of my time is wasted sleeping, some spent working out, some spent on my family (this is never a waste and always a priority).
So, what makes the difference between a $325 hour and a $150 hour? Usually the difference is dependent on a wide variety of factors, including: the client's problem; the urgency of need; the intricasy of solution; probability of collection, and my general attitude toward the client. If I truly do not want the client's problem to be my own, my rate quoted may be even higher.
I recently laughed when a client asked how long his $5,000 retainer would last. He had already taken more than 3 hours to describe the problem which could have been summed up in as little as 15 minutes if the man had simply listened to what I, and his previous counsel, had said. You must follow court orders or risk having the court treat you as a derelict.
So where does the time go? Every human gives their time to their own choosing. How cheaply you sell your time determines what you do with it.
Thursday, March 11, 2010
Durable Power of Attorney
Do you have one? Do you need one? Who has access to YOUR MONEY?
I asked these questions at a seminar today with the Boost Your Brain Program of the Crosby YMCA Wellness Center in Winter Park. Meeting with 41 Y members allows me to meet new potential clients. It also allows me to hear what questions concern them most. Many questions begin with either "my friend" or "my parent" and relate particular issues being dealt with daily. They continue asking "is doing this, that or the other thing OK?" In a seminar setting I can answer general questions common to many caregivers in a minimum of time by comparison to an office consultation. The information passed out to a large group is by nature very general and may apply in peculier ways to any given set of circumstances.
More complex questions are best answered in the office during a personal consultation session. One persons actions with regard to care and keeping may differ radically from another person's situation. If you have questions, Call an Attorney. We are here to help. Many times a question over the phone can prevent major complications that could impact Medicaid Qualifiation, Taxes, Inheritance, Probate, Guardianship, etc.
A few of the members had questions regarding how to pay bills when sharing a residence with their mother, brother, etc. Dividing bills and paying 1/2 to the other person may seem reasonable today, but when the IRS audits your taxes, or when applying for medicaid, or when going through Probate administration, the answers may radically alter treatment in the individual case.
Bottom Line: Ask the question of a professional. Do not depend on the advice given to a friend by their former whatever. Be Careful out there! And I am Proud of You!
I asked these questions at a seminar today with the Boost Your Brain Program of the Crosby YMCA Wellness Center in Winter Park. Meeting with 41 Y members allows me to meet new potential clients. It also allows me to hear what questions concern them most. Many questions begin with either "my friend" or "my parent" and relate particular issues being dealt with daily. They continue asking "is doing this, that or the other thing OK?" In a seminar setting I can answer general questions common to many caregivers in a minimum of time by comparison to an office consultation. The information passed out to a large group is by nature very general and may apply in peculier ways to any given set of circumstances.
More complex questions are best answered in the office during a personal consultation session. One persons actions with regard to care and keeping may differ radically from another person's situation. If you have questions, Call an Attorney. We are here to help. Many times a question over the phone can prevent major complications that could impact Medicaid Qualifiation, Taxes, Inheritance, Probate, Guardianship, etc.
A few of the members had questions regarding how to pay bills when sharing a residence with their mother, brother, etc. Dividing bills and paying 1/2 to the other person may seem reasonable today, but when the IRS audits your taxes, or when applying for medicaid, or when going through Probate administration, the answers may radically alter treatment in the individual case.
Bottom Line: Ask the question of a professional. Do not depend on the advice given to a friend by their former whatever. Be Careful out there! And I am Proud of You!
Tuesday, March 9, 2010
Thursday, March 4, 2010
Paper My Office
An attorney recently promised to "Paper (my) office with everything we have." Since this was a relatively new attorney, not young in years but in practice, I tried not to take offense at what is normally a derogatory statement. By most attorney's understanding,
"papering an office" implies "we will bury you in paper so you can't possibly respond to it all."
Unfortunately, this attorney did not follow through. Although she has made significant and slanderous allegations against my client, no "paper" has been provided showing even a hint of wrongdoing by my client. Still the bold assertions of opposing counsel are expected to make me disbelieve in my client's cause and undermine my confidence in her case.
Worse than the implications of this attorney toward my own client are her failures to live up to the standard she advertises. "Dove Attorney" and Christian Symbols on a website should warn potential clients this person cannot be trusted. If you have to rely on something beyond your own legal experience to assure a client of your legal abilities, well, nuff said.
Sorry to rant here, but I am offended that someone who advertises under the words "Christian Attorney" could be so deceitful and offensive to a fellow attorney, much less to a fellow human being.
"papering an office" implies "we will bury you in paper so you can't possibly respond to it all."
Unfortunately, this attorney did not follow through. Although she has made significant and slanderous allegations against my client, no "paper" has been provided showing even a hint of wrongdoing by my client. Still the bold assertions of opposing counsel are expected to make me disbelieve in my client's cause and undermine my confidence in her case.
Worse than the implications of this attorney toward my own client are her failures to live up to the standard she advertises. "Dove Attorney" and Christian Symbols on a website should warn potential clients this person cannot be trusted. If you have to rely on something beyond your own legal experience to assure a client of your legal abilities, well, nuff said.
Sorry to rant here, but I am offended that someone who advertises under the words "Christian Attorney" could be so deceitful and offensive to a fellow attorney, much less to a fellow human being.
Wednesday, March 3, 2010
WOW - February is gone and March is Here!!!
Where did the Month go??? Two posts this year? Not enough! Not Nearly Enough!!
I am reading three books:
Words to Lead By, by Skip Moen
Life Safari, by John P. Strelecky
and Dan Brown's The Lost Symbol.
I recommend Strelecky's book as an intro to Africa. I want to go!
Unfortunately, I have five other books on my desk I need to finish before finding another to start.
Oh and I almost forgot, His Excellency George Washington, by Joseph J. Ellis. Really enjoying this one - great history never taught. My favorite quote of a letter from George Washington to his friend, whom he had just hired to manage his estate:
"As you are now receiving my Money, your time is not your own; and that every day or hour misapplied, is a loss to me, do not therefore under a belief that, as a friendship has long subsisted between us, many things may be overlooked in you . . . I shall consider you in no other light than as a Man who has engaged his time and Service to conduct and manage my Interest . . . and shall seek redress if you do not, just as soon from you as an entire stranger."
Talk about direct!!! I can think of a few people to whom I whould like George Washington to have directed his ire.
When hiring an attorney, you are buying time and talents. "An attorneys time and experience are his stock in trade." The hiring of an attorney is not to be taken lightly.
I am reading three books:
Words to Lead By, by Skip Moen
Life Safari, by John P. Strelecky
and Dan Brown's The Lost Symbol.
I recommend Strelecky's book as an intro to Africa. I want to go!
Unfortunately, I have five other books on my desk I need to finish before finding another to start.
Oh and I almost forgot, His Excellency George Washington, by Joseph J. Ellis. Really enjoying this one - great history never taught. My favorite quote of a letter from George Washington to his friend, whom he had just hired to manage his estate:
"As you are now receiving my Money, your time is not your own; and that every day or hour misapplied, is a loss to me, do not therefore under a belief that, as a friendship has long subsisted between us, many things may be overlooked in you . . . I shall consider you in no other light than as a Man who has engaged his time and Service to conduct and manage my Interest . . . and shall seek redress if you do not, just as soon from you as an entire stranger."
Talk about direct!!! I can think of a few people to whom I whould like George Washington to have directed his ire.
When hiring an attorney, you are buying time and talents. "An attorneys time and experience are his stock in trade." The hiring of an attorney is not to be taken lightly.
Friday, January 29, 2010
Real ID Problems
Beginning in 2010, all driver licenses must be matched to identification documents, including passports, Social Security Cards, Birth Certificates, Naturalization papers, etc. This presents a real problem for older drivers and especially married women who did not accurately document their married name.
A client recently appeared at my office with an expired Driver License because the Florida Tag office would not renew her driver license because the name did not match either her Birth Certificate or her Social Security Card. Incidentally, neither of those items had matching names!
Now she is forced to go to court to formally and legally change her name to that which she has used for 51 years since her marriage.
Simple solution if you prepare for the problem; Major Problem if you don't anticipate the solution. Two months ago, she could have changed her name on her driver license to match her Social Security card. Now, since the license is expired, she has to jump through several hoops to get a new license issued, in a name matching her Social Security card.
I am here to help!!! Call Me! 407-645-3297, even just to say, I saw your note!
A client recently appeared at my office with an expired Driver License because the Florida Tag office would not renew her driver license because the name did not match either her Birth Certificate or her Social Security Card. Incidentally, neither of those items had matching names!
Now she is forced to go to court to formally and legally change her name to that which she has used for 51 years since her marriage.
Simple solution if you prepare for the problem; Major Problem if you don't anticipate the solution. Two months ago, she could have changed her name on her driver license to match her Social Security card. Now, since the license is expired, she has to jump through several hoops to get a new license issued, in a name matching her Social Security card.
I am here to help!!! Call Me! 407-645-3297, even just to say, I saw your note!
Tuesday, January 5, 2010
Happy New Year
Have you misdated anything yet? I have had to change the 0 of 09 to a 10 at least twice a day since the first. Today, I wrote the full 09 twice and had to rewrite the date. Oops. Mistakes happen.
What does your New Year hold? Do you have plans that require extraordinary effort? You should. Challenge yourself this Year!
Remember, I'm Proud of You!
Actually, "I'm Proud of You" is the title of Tim Madigan's book, subtitled, My Friendship with Fred Rogers. You remember Mr. Rogers. He always told his young viewers, "I'm Proud of You!"
Some people thought Mr. Rogers was too simple and did not teach children much. I remember seeing him as a child and learning that heat rises. I can still duplicate the experiment using cold water in an aquarium and hot colored water in a vial placed at the bottom. When the vial is opened the hot colored water rises to the top. Scientist can explain why, but suffice to say the Hot water has more energy.
People, like energy, can rise to the top as well. Let this be a great year by challenging yourself to Rise to the Top.
What does your New Year hold? Do you have plans that require extraordinary effort? You should. Challenge yourself this Year!
Remember, I'm Proud of You!
Actually, "I'm Proud of You" is the title of Tim Madigan's book, subtitled, My Friendship with Fred Rogers. You remember Mr. Rogers. He always told his young viewers, "I'm Proud of You!"
Some people thought Mr. Rogers was too simple and did not teach children much. I remember seeing him as a child and learning that heat rises. I can still duplicate the experiment using cold water in an aquarium and hot colored water in a vial placed at the bottom. When the vial is opened the hot colored water rises to the top. Scientist can explain why, but suffice to say the Hot water has more energy.
People, like energy, can rise to the top as well. Let this be a great year by challenging yourself to Rise to the Top.
This picture shows my son receiving an award from the Mayor of Winter Park. I am Proud!
Call me! Aubrey Ducker 407-645-3297
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Morning will come.
No matter how dark the night!