How to Contact an Attorney

Today I received an Email:
How would you like to be contacted?
Email

Brief description of your legal issue:
Price range for divorce. Older couple, married 9 years, No children, Income husb works in construction wife receiving SS only. Homeowner, property value is upside down. owe more that is worth. No 401K or savings, living pay check to paycheck. How much will it cost to get a divorce and how long will it take for the divorce to become final. Thanks,

This email was initiated at the Findlaw FirmSite http://www.aubreylaw.com/Contact.shtml.

This is the letter I sent in response:

Dear Ms. _____________,

If you and your husband agree to divorce, and agree to divide all assets, your divorce could be very inexpensive. With agreements, you could be divorce in as little as 21 days. On the other hand, if you cannot agree, and the two of you fight it out in court, your divorce could take a very long time and take significantly more of your resources to complete.

I charge $1,500 for an Uncontested Divorce. A Contested matter begins at $3,000. Fees for filing are also required, $408 filing fee and approximately $42 in service of process charges.

Your divorce sounds as if it should be uncontested; it could also be completed in a Collaborative PRocess, where the two of you meet with advisers and work out the details, then file as "Uncontested."  If you choose a collaborative process, I would represent you for $1,500, but there may be some additional charges for excess time spent in meetings.

Please call my office to schedule an appointment.

If you have questions, call me at 407-645-3297, 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

www.aubreylaw.com

Fla. Bar No.: 173680

Phone: 407-645-3297

Fax: 407-645-3298

I look forward to hearing from you.

 

Case Law Update 2012

Learning goes on and on and on . . .
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state. 
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com

Someone Owes you MONEY!

Did you bury a computer screen or television between 1999 and 2007?

If you did, you may be eligible for MONEY from a settlement involving some of the major manufacturers and PRICE FIXING!

Consumers of LCD Flat Screen TVs, Monitors and Laptops Can Share in $1.1 Billion Settlement Fund Eligible consumers and businesses in 24 states and the District of Columbia may be able to collect $25, $100, $200 or more by answering a few simple questions about the LCD flat screen TVs, monitors, and laptops they bought from 1999 to 2006. No receipts or other documents are required for small claims. The deadline to file a claim is December 6, 2012. The 24 states are: Arizona, Arkansas, California, Florida, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia and Wisconsin. Click here for an overview of the Settlements. If you would like to print a Claim Form and mail it in, please click here.

Great Article on Collaborative Divorce

Occasionally, I like to post links to articles worth reading. This is one: http://www.huffingtonpost.com/lynn-j-maier-esq/saving-your-sanity-with-c_b_1077335.html

When divorce is the choice, how you go about it matters. Collaborative Divorce is a method of practice that allows the parties, with the help of their attorneys and other professionals, to decide all issues in ways that benefit their family rather than fighting until a court decides in a manner consistent with the thousands of cases also fighting to a decision.

Don't you know what is best for your family? Collaborative Divorce allows you to play a major part in the decision making process. More so that even mediation.

When you need help, Call me! 407-645-3297 or visit my website at www.aubreylaw.com

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.

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

www.aubreylaw.com

Fla. Bar No.: 173680

Phone: 407-645-3297

Fax: 407-645-3298

I look forward to hearing from you.

Thankfulness is Appreciated

I received a Thank you Note several years ago which said:

Each and every day . . . I am more and more astonished that I have found such a perfect place to work.

I've had to work at a few horrible jobs and tolerate a few terrible bosses throughout the years . . .

I've also had wonderful jobs and caring employers, but . . .

it is the rare thing to find a place where one feels respected, understood, trusted and appreciated.

It is even more unusual to find a place where I can be myself and still be accepted.

Truly extraordinary is to have all those things and more, and enjoy the work, as well.

I just wanted you to know that I am happier here than I have been at any job . . . ever.

I just wanted you to know . . .
that I know how fortunate I am and that I am grateful . . . for everything.

Obviously, this came from an employee. She was with me for more than three years and I always appreciated her hard work, although I probably never said "Thank you" enough.

I am trying to thank all my clients, especially those who so frequently call me to refer a friend. It is a dear compliment to have one client refer more clients. I am always thrilled when my mentors,other attorney friends and even judges refer business my way; this lets me know they think highly of my work and are willing to trust their friends and family to my care.

I am truly blessed with wonderful friends. Thank you.

If we haven't spoken in a while, call me at 407-645-3297, or visit my website at www.aubreylaw.com

"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

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.

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.

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!

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.