News From Winter Park Police Department

Greetings Winter Park,  

Normally I advise to NEVER click on a link in an email or copy and paste it to your browser, however; I am certain these are safe as they are from the Police.  J

*  Pet Walker Watch!!!!  - Take your cell phone when you walk your pets so you can quickly call in any suspicious persons or vehicles.

 

1.    Crime Mapping information - Our Crime Analysis Tech advised that we are utilizing the following link for mapping crime. 

 

http://www.raidsonline.com

 

2.     Women’s Self-defense classes -   2 hour class regarding various safety concerns in parking lots, parking garages, home, parks, etc. and discussion on weapons and techniques to assist in a physical attack.

 

Register Here:         https://wppd.org/community/safe.asp

 

3.    Security Survey’s & SmartWater CSI  -   (A review of your property (windows, doors, locks, landscaping, lighting, etc.) for vulnerability to crime and/or criminal activity and provided a free product to mark your property. (See web link for info)

 

Register Here:         https://wppd.org/smartwatercsi.asp

  

4.    Lockbox Program -     $19 for residents or FREE for 65 or older who are prone to injury, have significant health concerns, that live alone or are alone frequently.  A spare key is provided by you for emergency entrance into your home. (Instead of breaking a door or window.)

 

Register Here:         https://wppd.org/community/lockbox.asp

 

Follow us on Facebook::

Winter Park Police Department                                     

                       

          Facebook.com/winterparkpd

And Twitter:             @WinterParkPD

Or visit:

www.wppd.org

 

"All that's necessary for the forces of evil to win in the world is for enough good men to do nothing." Edmund Burke

Happy Thanksgiving!

Thanksgiving is my favorite time of year.
During this holiday, I get to remember everything for which I am thankful and find a few moments with family.
On facebook, I have posted daily regarding those things making me thankful not only this month, but throughout the year. My list includes: A roof over my head, my children, my loving wife, my family and of course my church and friends. Beyond these easy items are: Courts that administer Justice in an impartial manner; elections that allow our voice to determine the direction of our country; the Florida Gators, for all the wonderful things done on the field and off; Free Public Education; Collaborative Attorneys, who make the practice of Law meaningful and fulfilling; Roads; cars; particular friends who invest their time in my life daily; those friends and family that keep in touch even though we haven't seen each other in literally years, and of course, all the soldiers, sailors and airmen who defend our lifestyle daily.
At this time of year, I am especially thankful for clients who allow me to assist them at some of the most difficult times in their lives. Without their faith in my abilities as an attorney, without their trust in my counsel, I would be exhausted trying to survive.
Thanks be to God for all the blessings in my life, now and throughout the year.

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.

Welcome Back

Recently someone said, "Aubrey Ducker, why haven't you updated your blog in a while?"

She continued, "I was looking forward to your answer to a Family Law Question! What happens when a child decides she wants to go live with her father? I have been taking care of her for the past 8 years, without any help! Now that she is 12, her father is encouraging her to stay at his house more and more. He gives her everything she wants and I'm the one who has to make her do homework, study for tests, clean her room, etc. . . "

You can see where that is going! If only children would remain under our control and direction! Unfortunately, they decide right or wrong that they want to decide what is "best for them" rather than listening to some old people who didn't even have facebook when they were young. Have you been through this? I have! With my own children and with many, many clients!

It is never fun to lose control!

Then there are the Elder Law questions: How can I make sure my children don't argue about who gets what? That question is so much better than the corallary promise, "My children won't argue about it. They would never go to court to challenge ___________________as the Personal Representative."

Funny how many times I hear that and how many times I see adult children wanting nothing more than to "tell it to the Judge" regarding the actions of their sibling as Power of Attorney or Personal Representative.

Talk about losing control.

You may have read in the papers, (do you actually read the Newspaper anymore?) the Florida Legislature is trying to balance the budget by cutting into court funding. Removing funding for the Guardian Ad Litem program and other "services" that to legislators seem "unnecessary" is no way to protect the bottom line in Florida. The services being cut may save a few dollars this year, but in the years to come, those savings will be offset by enormous costs associated with unmet needs in disfunctional families. The results may be increased incidence of domestic violence, child abuse, neglect or more violent crimes.

Please encourage your representatives to look to fair funding principles. When corporations like GE have NET profits in the range of $14.7 Billion, and pay less than 1 million in taxes, something in the tax structure is way out of whack. Cutting spending to make the budget work, while corporations pay next to nothing in taxes harms all citizens, especially the most vulnerable. Maybe I should write more often so I could break this up into several Blog posts. I'll try that next time.

Peace.

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!

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.

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!

Financing Available

We extend Credit!!!

Many people ask, in fact today a man asked, "How do you expect me to afford that?"

Our office has a new policy for extended payment plans in some cases.

Balances between $300 and $25,000 can be spread over a year, interest free.

Balances between $1,000 and $25,000 can be spread over 60 months with a lower interest rate than is offered on many credit cards.

I only ask that regular payments be made.

My office in Winter Park, Florida, accepts all major credit cards, cash and most checks.

I represent people in Family Law matters including Divorce, Child Custody, Alimony, Child Support, Paternity, Visitation, Father's Rights, Moving out of state and most other issues that come up in domestic relations court.

I also represent Elders in Elder Law matters including Estate Planning, End of Life Planning, Medicaid Planning and parent child disputes.

Identity theft again - thanks to the Florida AG

Who Investigates Identity Theft?
If you are a victim of identity theft you should contact your local police department or sheriff's office first to file a report. Under Florida's identity theft law, the report may be filed in the location in which the offense occurred, or, the county in which you reside.

It is important to remember to get a copy of the police report. Very often, the bank, credit card company, or others need proof of the crime in order to erase the debts created by the identity thief.

If you can't get a copy of the report, at least get the report number.

Who prosecutes identity theft?
Identity theft prosecutions are handled either by the State Attorney in the local judicial circuit, or the Office of Statewide Prosecution in the Attorney General's Office. The Office of Statewide Prosecution handles the prosecution of multi-circuit organized crime.

What are some tips regarding how to file a police report?
Provide documentation. Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

Be persistent. Local authorities may tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary "Police Report Initiative," credit bureaus will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.

Be a motivating force. Ask law enforcement to search the FTC's Consumer Sentinel ID Theft database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration.

That's why it's also important for you to file a complaint with the FTC. Law enforcement agencies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance. Click here to access the FTC's online complaint form.

What do You do when You don't Know What to do?

When all around you are losing their heads over some perceived emergency without any plan of action, What do You Do? Do you stop and ask directions? Do you sit quietly and wait for the storm to pass, then clean up the mess and plan better to prevent future emergencies? Do you lead the charge, yelling do something to those around you who neither know what needs to be done nor how to go about doing it?
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.

Customer Service and Community Relations

It Takes a Villiage to Raise a Child. No doubt you heard the title of Hillary Clinton's book published many years ago. She cited the African proverb to show that we are all connected and the success of the least is in many ways related to the success of the whole.

In Winter Park, Florida, many people know Andy. He was adopted about 40 years ago as an infant. As he developed, his parents discovered he was a victim of Fetal Alcohol Syndrome. For many years he has been seen riding his shiny red bicycle around the neighborhoods, many people unaware of his disabilities. Sometimes he yells at cars which do not stop at red octagonal signs. Sometimes he yells at people who run or walk in the "bicycle lanes", and sometimes he just yells. He is a wonderfully nice man, but his disability prevents his knowing what to say or not say. If questioned about how he should react to any given situation, he may answer "do what Jesus would do."

He works occasionally at Tijuana Flats, one of my daughter's Favorite Restaurants. he picks up trash and empty trays from tables. He moves chairs in and out and does other odd jobs. One day a customer was upset because of something Andy had said or done. When she approached the manager to express her concern, she told him that if Andy continued to work there, she and her family would not come back. The manager, in true customer service fashion, provided her with a gift certificate to the restaurant and informed her of the other locations around the city where she could dine without having Andy disturb her meal. He also said she was welcome to come back, but would likely find Andy at the restaurant as he was a valued employee.

Last weekend, I saw Andy's parents dropping him off at work on a Saturday. Normally he doesn't work weekends when the restaurant is busier. This day the boss had called him to come in special. He was thrilled. I pray we can all look for the Andy in our life and remember, it takes a villiage.

Attorney's fees are reasonable - considering

Many people wonder how attorney's arrive at their retainer or fees charged. The determination of what is reasonable considers many variables including at least the following: the time and labor required of the task presented, the novelty, complexity, or difficulty of the questions involved, the skills requisite to perform the legal service properly.

Additionally, the attorney may consider whether the acceptance of the particular employment will preclude other employment by the lawyer and the fee, or rate, customarily charged in the locality, Orlando, Central Florida, Winter Park, etc., for legal services of a comparable or similar nature.

The attorney may also consider the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained.

More important considerations may include any time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client.

Of course the attorney may also consider the length of the professional relationship with the particluar client and the nature of previous work involved.

Finally and perhaps most important in the determination of attorney's fees in a given case are the experience, reputation, diligence, and ability of the lawyer performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. Whether the fee is fixed or contingent and the client’s ability to pay being dependent on the outcome of the representation may also factor importantly.