The August 15th, Florida Bar News reported an attorney in South Florida was suspended for operating a Loan Modification Business with several non-lawyers. The Lawyer admitted to the Bar that he had between 2,500 and 3,000 cases, so many he did not know all of his clients or the status of their cases.
Talk about Too Big to Fail!
The Florida Supreme Court granted an Emergency Suspension because the facts clearly and convincingly established the lawyer was causeing "great public harm."
What do you do when the Lawyer you trust to assist in your time of need, becomes the problem?
The Lawyer in question charged his clients between $1,500 and $3,000 in "up front fees" which the non-lawyers primarily set in each case. Worse, the lawyer was paid more than $26,000 in fees by another law firm to take over its cases. The non-lawyers solicited clients on behalf of the lawyer on a nationwide basis, even though the lawyer is only admitted to practice in the State of Florida.
The hiring of an attorney is an important matter that should not be based solely on advertising.
Selecting an attorney should certainly not be based on nonattorney solicitation. When you hire an attorney, you are establishing a relationship time-tested by the courts to protect you. Decisions should be based on referrals from other attorneys, trusted friends or colleagues, and most of all, the attorney's ability to handle your problem in a time effective manner. You are the final link; you must have a comfort that this is the attorney for you.
My practice has included Elder Law, Family Law and Guardianships for more than 10 years. The current recession has required that I also include Mortgage Modification and Foreclosure Defense for many of my clients. Further, I have been somewhat involved in assisting the Bankruptcy Court of the Middle District of Florida in establishing the Mortgage Modification Mediation Program, one of only three in the country, and one of the most effective programs nationwide addressing the Mortgage Foreclosure Crisis.
If you need assistance in any area I practice; Divorce, Guardianship, Probate, Custody, Medicaid Qualification, Timesharing, or Domestic Violence Injunctions, please call me at 407-645-3297 or visit my website at http://www.aubreylaw.com/
I look forward to hearing from you.
Monday, August 29, 2011
Thursday, August 25, 2011
Football Season Starts Tonight
The Winter Park Wildcats take on East Ridge at Showalter Field at 7 p.m. The game was moved up due to Hurricane Irene. Families working together for years get to see the first efforts of their children on the field as they Cheer for the Team or Play on the Field.
Unfortunately, there will be some children whose parents cannot put aside their differences and attend the event without causing great stress to everyone else involved. You know the type, all they do is talk about how bad the other parent is. Why do people think that the world wants to know the "hell" they endured being married? Please do your child a favor. Do not disparage your former spouse in any way that the child can know. If you take the high road, perhaps the other party will abandon the low road as well.
I personally know parents who will attend tonight's game and sit in the stands very close to their former spouse without any hint of conflict. I know parents who will work together in the concession stand or on the field to support the team even though they could not stay together in their marriage. I applaud these efforts.
Many other people will be watching the game while thinking of their own parents, relatives or friends who are diabled by age, dementia, alzheimers, or other problems. These parents may not know there is help available. Please reach out and ask questions. There are resources available and people who know how to access those resources for your benefit.
If I can help, please call me at 407-645-3297 or visit my website at www.aubreylaw.com
I look forward to hearing from you.
Unfortunately, there will be some children whose parents cannot put aside their differences and attend the event without causing great stress to everyone else involved. You know the type, all they do is talk about how bad the other parent is. Why do people think that the world wants to know the "hell" they endured being married? Please do your child a favor. Do not disparage your former spouse in any way that the child can know. If you take the high road, perhaps the other party will abandon the low road as well.
I personally know parents who will attend tonight's game and sit in the stands very close to their former spouse without any hint of conflict. I know parents who will work together in the concession stand or on the field to support the team even though they could not stay together in their marriage. I applaud these efforts.
Many other people will be watching the game while thinking of their own parents, relatives or friends who are diabled by age, dementia, alzheimers, or other problems. These parents may not know there is help available. Please reach out and ask questions. There are resources available and people who know how to access those resources for your benefit.
If I can help, please call me at 407-645-3297 or visit my website at www.aubreylaw.com
I look forward to hearing from you.
Friday, August 19, 2011
When do you Call a Lawyer?
The time is NOW! If you are wondering whether or not to call a lawyer, an attorney or as I prefer, Counselor at Law, then you should call. We are here to answer your questions.
Many people will ask their friends, family, and even strangers on the street what they think of a problem.
Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!
In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.
If you have questions of a legal nature, Call an attorney.
Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey
Many people will ask their friends, family, and even strangers on the street what they think of a problem.
Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!
In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.
If you have questions of a legal nature, Call an attorney.
Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey
Monday, August 15, 2011
Let's try to work without argument
When you receive an email, does it make you sweat? If an ex-husband sends an email, do you just hate to read it? When your ex-wife sends a text message, does your pulse and blood pressure go up dramatically?
Communication with a former spouse can cause all manner of physical impacts. Blood pressure and heart palpitations are certainly extreme examples, but what can you do when you are required to communicate with a former spouse about the children and it really is difficult?
Inevitably, you will offer to pick up the children at 4 and he insists it be 5:30. You offer to feed the children dinner and she insists she has already prepared their meal. Sometimes there was a good reason you got divorced in the first place, and the ongoing communication necessary to coparenting is difficult.
In divorce, communications may stray from the business at hand to rehashing old arguments, lobbing the same tired insults, or making the same veiled threats that began the process initially.
Sometimes the problem is not communication, but many urgent emails and text messages demanding answers ASAP! What do you do when you receive 5 emails before you have even read the first one? Or, you change plans based on one email only to have a followup email request a different plan.
Try this: Send an email saying, "From now on I will read all emails from you at 4:30 p.m. To the extent I can respond, I will; however, if you choose to insult, threaten or otherwise abuse the privilege I will stop reading and will simply forward to my attorneyfor a response to your attorney. Please send only important communications regarding our children. Thank you for your understanding." By setting ground rules for communication, many problems can be avoided. Additionally, if abuse via email is attempted, your attorney is the best person to address the problem.
Remember, if you keep doing what you have always done, you will keep getting what you have always received.
Communication with a former spouse can cause all manner of physical impacts. Blood pressure and heart palpitations are certainly extreme examples, but what can you do when you are required to communicate with a former spouse about the children and it really is difficult?
Inevitably, you will offer to pick up the children at 4 and he insists it be 5:30. You offer to feed the children dinner and she insists she has already prepared their meal. Sometimes there was a good reason you got divorced in the first place, and the ongoing communication necessary to coparenting is difficult.
In divorce, communications may stray from the business at hand to rehashing old arguments, lobbing the same tired insults, or making the same veiled threats that began the process initially.
Sometimes the problem is not communication, but many urgent emails and text messages demanding answers ASAP! What do you do when you receive 5 emails before you have even read the first one? Or, you change plans based on one email only to have a followup email request a different plan.
Try this: Send an email saying, "From now on I will read all emails from you at 4:30 p.m. To the extent I can respond, I will; however, if you choose to insult, threaten or otherwise abuse the privilege I will stop reading and will simply forward to my attorneyfor a response to your attorney. Please send only important communications regarding our children. Thank you for your understanding." By setting ground rules for communication, many problems can be avoided. Additionally, if abuse via email is attempted, your attorney is the best person to address the problem.
Remember, if you keep doing what you have always done, you will keep getting what you have always received.
If you have questions, Please call me at 407-645-3297, visit my website at www.aubreylaw.com or send an email to: aubrey@aubreylaw.com
Aubrey Ducker
The Law Offices of
Aubrey Harry Ducker, Jr. PLC
2020 Mizell Avenue
Winter Park, FL 32792
Fla. Bar No.: 173680
Phone: 407-645-3297
Fax: 407-645-3298
I look forward to hearing from you.
Wednesday, August 10, 2011
Collaborative Law in Orlando and Winter Park
July 15 and 16, I attended the Interdisciplinary Collaborative Law Training at the University of Florida Levin College of Law. While I relish any opportunity to return to law school, this trip was particularly helpful. Co-Sponsored by the Institute for Dispute Resolution and the Center on Children and Families, the Gainesville Collaborative Divorce team spent two full days reviewing the Who, what, when and where, as well as the hows and whys of Collaborative Divorce.
For almost 12 years as an attorney, I have always tried to work in a cooperative way with other lawyers. I find little is solved by acrimonious debate as harsh litigation tends to prolong litigation and impoverish the parties more than solve the issue at hand. While I have always tried to be cooperative, I have never been "officially" trained as a "Collaborative Attorney."
Not anymore. There are new tools in the shed. There are many more choices when considering divorce. Ask yourself, what is best for my family?
In law school at the University of Florida, Dean Richard Matasar stressed the collaborative process as a way to make the practice of law more fulfilling to attorneys. Many of us got into this practice because we want to help people; unfortunately, for many people, divorce is the most disagreeable practice in law. Dean Matasar taught many of his students that you don't have to be disagreeable when your opinion differs from the other side of the courtroom. Following his example, I have always tried to work with opposing counsel in a cooperative manner. Since completing the training program this summer, I am now officially trained in Collaborative Law practice.
I look forward to offering this new service in Collaborative Law in Divorce cases, as well as Guardianship cases. The Collaborative Process allows the parties to work out their issues with a trained professional, usually a Mental Health Counselor, a financial professional trained in divorce accounting and valuation, a mediator if necessary and two collaboratively trained attorneys, rather than litigating and leaving ultimate decisions to the Judge.
While the above listing of professionals involved may sound expensive at first blush, most participants in a collaborative divorce will agree that the process itself is more healing and conducive to protecting the parent to parent relationships necessary when children are involved. Also, in a litigated divorce, most professionals (Valuation, Accounting and Mental Health) will be duplicated as each side employs their own "hired guns" to best present their case. The Experts hired by each side will inevitably argue and reinforce their own opinions rather than working with all parties to facilitate a mutually beneficial result.
Collaborative Law may not be for everyone, but for many families with children, the process allows the parents to work out the best interests for their children rather than leaving it all up to the judge.
If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com
I look forward to hearing from you.
For almost 12 years as an attorney, I have always tried to work in a cooperative way with other lawyers. I find little is solved by acrimonious debate as harsh litigation tends to prolong litigation and impoverish the parties more than solve the issue at hand. While I have always tried to be cooperative, I have never been "officially" trained as a "Collaborative Attorney."
Not anymore. There are new tools in the shed. There are many more choices when considering divorce. Ask yourself, what is best for my family?
In law school at the University of Florida, Dean Richard Matasar stressed the collaborative process as a way to make the practice of law more fulfilling to attorneys. Many of us got into this practice because we want to help people; unfortunately, for many people, divorce is the most disagreeable practice in law. Dean Matasar taught many of his students that you don't have to be disagreeable when your opinion differs from the other side of the courtroom. Following his example, I have always tried to work with opposing counsel in a cooperative manner. Since completing the training program this summer, I am now officially trained in Collaborative Law practice.
I look forward to offering this new service in Collaborative Law in Divorce cases, as well as Guardianship cases. The Collaborative Process allows the parties to work out their issues with a trained professional, usually a Mental Health Counselor, a financial professional trained in divorce accounting and valuation, a mediator if necessary and two collaboratively trained attorneys, rather than litigating and leaving ultimate decisions to the Judge.
While the above listing of professionals involved may sound expensive at first blush, most participants in a collaborative divorce will agree that the process itself is more healing and conducive to protecting the parent to parent relationships necessary when children are involved. Also, in a litigated divorce, most professionals (Valuation, Accounting and Mental Health) will be duplicated as each side employs their own "hired guns" to best present their case. The Experts hired by each side will inevitably argue and reinforce their own opinions rather than working with all parties to facilitate a mutually beneficial result.
Collaborative Law may not be for everyone, but for many families with children, the process allows the parents to work out the best interests for their children rather than leaving it all up to the judge.
If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com
I look forward to hearing from you.
Subscribe to:
Posts (Atom)
Morning will come.
No matter how dark the night!