Happy New Year 2011

Happy New Year!!!

Did you make any New Year's Resolutions?

This is a time when many people set out to change their life; whether that means changing budgetary finance issues, dietary health issues, life philosophies, or problem solving techniques, I wish you the very best.

I recently reviewed The 10 Commandments of Common Sense, by Hal Urban. What a great guide for life transformation! As you know, Common Sense is in many cases quite uncommon!

1. The past three years have given many people new perspectives of financial issues, and consumer spending. People have begun using Layaway plans, and Christmas Club accounts again. As a child, I used a Layaway Plan at Kmart to purchase a Green Machine, the hot toy for kids one year. After only 4 months, I had worked to earn the 31.50 plus tax to get the toy out of the store. I rode my Green Machine for many months, then sold it at a yard sale.

Remember Yard Sales? I have been recommending those to clients quite frequently. How much stuff do we really need. Donations to Good Will, the Salvation Army, and other recyclers is a side benefit of spring cleaning which I want to start sooner rather than later. Donations to charities also help the bottom line at tax time if you keep good records of gifts and values.

Remember Visa? MasterCard? American Express? How much are you using those plastic perils? I have heard from so many people that they no longer carry a credit card other than their banks own debit card for purchases. If they need to borrow to spend, they are rethinking the spending and planning other avenues of support.

2. I signed up to run the New York City Half Marathon. I have run several in the past and need to get back into distance running shape. Eating right and exercise provide benefits for life that far outweigh the temporary happiness found in a bowl of ice cream or extra juicy Pittsburgh Style rib eye. Oops, now my mouth is watering.

3. My life philosophy has always been to follow the teachings of Jesus Christ. Call me a Christian, I am not offended. I am also not pushy. For me, I find the Holy Bible to be full of truth and also suggestive of consequences. As a member of the Board of Directors of Christian Ethics Today, I enjoy finding new ways to serve God.

4. Problems solving techniques are really central to my work as an attorney. My favorite technique is merely Anti-procrastination. If you can do it today, why wait til tomorrow? Another is to learn all you can so you can consider more than one solutions to a problem. Time is a precious gift, and its wise use is central to living a life well.

When you have a legal issue this year, I hope you will call me. I can help find a solution or alternative course of action. When issues arise with aging parents, Elder Law Attorneys have great experience dealing with the common issues, and uncommon advice for the truly bizarre issues. Family Law practice centers on Divorce and making sure the needs of children are met. Please call me when you would like to discuss options for your life.

Merry Christmas!

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

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.

Election Day - GO VOTE!!!

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

"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.

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.

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.

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.