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.
Monday, May 24, 2010
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.
Subscribe to:
Posts (Atom)
Morning will come.
No matter how dark the night!