Mountain Flowers

Mountain Flowers

Saturday, November 25, 2017

What Not to Do in Court or at Hearings and Trial

1. Don't roll your eyes, or make faces or start talking out of turn. If you are on the stand as a witness, answer the question keeping in mind the process your attorney explained to you beforehand. Blurting out harmful things can ruin a case. 
2. Don't  keep referring to your child as “my” son or “my” daughter. It usually takes two to make a child, and possibly one to wreck the child.
3. Do not hide embarrassing or foolish acts that the other side will use against you, whether it's on Facebook, Internet, or spouse's friends know already..tell attorney beforehand, just in case..

4. Don’t bring your entire extended family and ten of your closest friends to your divorce hearing. This is not a circus!  (Circuses are fading since animal activists want no animals to perform, not even in movies or rodeos!)
5. Don’t wear inappropriate clothing such as see-thru blouses, short skirts,nightclub wear, low cut blouse or shirt, sandals or flip flops, Ugg boots, beachwear, dresses that belong at a party, big over the top jewelry, super heavy eye makeup or glitter, neon colors, super spiked party heels, bra straps showing through shirt or tank tops, super ratted hair that makes you look like TV girls, pink, green or blue hair, or rainbow hair (dyed or woven in), ripped jeans,or weirdo outfits that anyone knows is not kosher for courtrooms! Conservative clothing/colors are safe. If in doubt ask your attorney.  It's safer to look like a conservative Mom from the 1950's if need be. Just don't wear the 1950's costume or Judge will think you are on drugs.
  NO, NO, NO!!!!
NO, NO, NO...!!!

6. Do not make up crap that never happened or that you never told your attorney and expect your attorney to defend it?  E.V.E.R. Tell your attorney ahead of time!!
7. Don’t show hostility or open anger at opposing counsel. Ignore him or her; if necessary, write small note to your own attorney if it's a lie you're mad about. Opposing counsel already knows you hate him or her.
8. Don’t have your cell phone "ON". Ever!
9. In a child custody/or visitation issue , don’t keep talking about “your” needs and “your” desires. You will appear overly selfish and controlling. Even if you are selfish and controlling, you don't have to tell others!
10. Don’t tell long stories, or mention long incidents that are not at issue. If you have such a long issue, attorney must know ahead of time to gauge how long trial will take.
11. Preferably, do not wear colors that are known colors for certain gangs in your area. Ask your friends if you do not know what this means. We tend to see this issue in the juvenile courts but not always.
PS-- even if you don't HAVE an attorney, all of these above will apply. If you have some common sense and are not on drugs which are mind altering, and you are not on disability, most people can follow the above advice.
If all else fails, at least read what this guy wrote..it makes sense and it might just bring you down to earth... https://markmanson.net/stupid-things  Attorney herein actually thinks that it would help people in general --if they thought long enough to try it out.  Social media can be damaging to children. That has already been proven.

Friday, November 3, 2017

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney do You Really Need? Do You Want to Win? You Don't Care?

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?






Hiring an advocate (attorney litigator) is not the same as hiring collaborative attorneys. Also, mediating* a case with only one attorney means ...The mediator helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law when there is no agreement.]


There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.
That is because there was a huge breach of fiduciary duty that has serious consequences to the guilty spouse. That should be done in court since the guilty spouse should have to pay for wrongdoing. (Of course if you are too afraid because your spouse might try and kill you then you better go get help right away.)
                                           


Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that. Plus, there are huge time barriers to trying to set aside any of this!

Fraud, Duress
Mistake, Coercion,
Failure to Exchange Declarations (Assets Debts)
We live in a society where people often want what they want, and when clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.  If you have a family law case where both of you AGREE on everything then of course you don't really need an attorney, except perhaps to create a settlement agreement.

HOWEVER, the vast majority of most divorces and break ups, is because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
How to train kids  to have moral values
How to get along with other family members that don't live with you
How to avoid too much tv, too much bad influence, too much Facebook?
What to do with a lazy spouse that refuses to help out--with anything?
What to do with spouse that is either dangerous, aggressive, drinks too much
How to get out of supervised visits?? You have an ex spouse also?
Spouse drinks, smokes, gambles, does drugs, shops too much? Hoarding?
Spouse AND kids do nothing but stay on Facebook and phone 24/7??
Your kids are not only lazy, they are spoiled rotten and you blame the spouse?
Your spouse is bipolar and can't be controlled?


Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who ONLY settles cases--- in other words, the attorney is not a litigator. That is absurd.  

If you are entitled to something, why would you pay someone to settle a case when you could have settled it without help????   Collaborative law and mediation means if you don't settle the case using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!   While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have is a problem.
              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children.
Basically, in mediation there is no advocate for YOU.  In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.  The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated.

Chico Family Law Lawyers - Justia

https://www.justia.com/lawyers/family-law/california/chico



Claimed Lawyer ProfileSocial Media. Mr. Maria Amaya. Chico, CA Family Law Lawyer. Geoff A.Dulebohn, Esq. Chico, CA Family Law Attorney. Carolyn J. Chan. Chico, CA Family Law Attorney.Michael Odowd Hays. Chico, CA Family Law Lawyer. Norman Jenkins Ryker IIIValerie Ann Miller.David Mikel Howard.

Chico , California Divorce Lawyers - Justia

https://www.justia.com/lawyers/divorce/california/chico



Compare 17 divorce attorneys serving ChicoCalifornia on Justia. Comprehensive profiles including fees, education, jurisdictions, awards, publications and ...

Chico Child Custody Lawyers - Local Attorneys & Law Firms in Chico ...

lawyers.findlaw.com › Child Custody › California



Results 1 - 20 of 100 - Find your ChicoCA Child Custody Attorney or Law Firm. ... The legal issues surrounding a changing family dynamic can be stressful.

Top Family Law Lawyers in Butte County, CA | FindLaw

lawyers.findlaw.com › Family Law › California



Results 1 - 20 of 100 - Family Law Lawyers Serving Butte County, CA (Chico) · Law Firm Profile. Free Consultation. Sample Image. Law Office of Ronald A. Lange.

Butte County Family Law Attorney | California Divorce Lawyer

www.rykerlaw.com/



At our ChicoCalifornia, law office you can get the effective representation you need and the sense of urgency you deserve. Family law and divorce attorney ...

Melissa A. Atteberry Law Offices: Family Law | Chico, CA

www.atteberrylaw.net/



For all family law matters, from prenuptial agreements to divorce, the team at Melissa A. Atteberry Law Office in ChicoCalifornia, offers professional ... Having an experienced and compassionateattorney on your side is a smart move, whether ...

Family Law | Bankruptcy | Henderson and Howard: Attorney Chico ...

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Chico CA. 95928 (530) 899-5100. Willows Location 333 N. Plumas Street ... The attorneys and staff of Henderson & Howard are here to assist you with many of ... whether it be helping you through a painfuldivorce or bankruptcy or leading you ...

Chico Family Law Attorney Christina LaPointe | Free Consultations

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Chico Family Law Attorney Christina Lapointe handles all Divorce, Child ... I passed the CaliforniaBar exam on my first attempt, and since that time I have ...

Former Client on National Geographic+ Current Client..Singer Jack Russell

Jack Russell is the original singer of the band Great White (80's metal) and is now the singer of his band, Jack Russell's Great White...due to the lawsuit settlement, Jack took the Jack Russell's Great White name for his band, and the other band is named Great White.  The very sad fire that happened in 2003 in Rhode Island took a horrible toll on Jack's band, the audience, and the relatives and friends that were all there.  A memorial setting has now been erected where the nightclub used to be.

Unfortunately, some people who don't understand the truth of how things work legally, feel that Jack is responsible for the fire; but Jack is the singer? Do we really believe that if any band was in any venue (even a huge stadium) and that something went wrong, we would blame the SINGER(s)??

That's pure nonsense.

Legal fact patterns require understanding the law. The official fire report that was published indicated negligence with the the club owners and the band's manager--not anyone else. A fire suppression system was not in place (but should have been) and the foam used in the building was also not legal due to its flammability. How would a singer know any of this?

 He/or she as a "singer"  would not know, and would never be expected to know that. Which is why Jack Russell was not charged with a crime.   Why didn't the local fire inspector know anything about the foam?  These types of questions indicate, and the fire report proves, the exits and safety routes were improper also, and that people were blocked from trying to get out? Essentially the flammability level of the foam was so high that it only took about four seconds to start igniting. No members of the band were found to be at fault legally.

The manager (who is not a member of the band) and the club owners were found liable, and after it was all said and done, according to online research, many corporations (Home depot, Anheuser Busch,etc) donated MILLIONS to the victims/families. Estimates seem to indicate it was over $120 million years ago.   No one talks about this, but research does have its points. Nevertheless,  Rhode Island Survivors and victims' relatives have now been offered a total of nearly $175 million from the governments and a variety of companies sued over the fire [this was noted in 2008.]

Had this happened in California, attorney believes the government local fire inspectors would not be immune and a tort claim could be filed. Municipal immunity and governmental tort immunity is a complicated subject which arises when individuals want to sue a governmental entity. Surprisingly, there are quite a few situations in animal law cases involving governmental immunity. This link explains 42 USC 1983 claims  http://www.constitution.org/brief/forsythe_42-1983.htm  

YES, this is about constitutional law......


https://youtu.be/uaWTKVqam1k


As of September 2008, at least $115 million in settlement agreements had been paid, or offered, to the victims or their families by various defendants:  https://en.wikipedia.org/wiki/The_Station_nightclub_fire
  • In September 2008, The Jack Russell Tour Group Inc. offered $1 million in a settlement to survivors and victim's relatives,[32] the maximum allowed under the band's insurance plan.[33]
  • Club owners Jeffrey and Michael Derderian have offered to settle for $813,000,[34] which is to be covered by their insurance plan due to the pair having bankruptcy protection from lawsuits.[34]
  • The State of Rhode Island and the town of West Warwick agreed to pay $10 million as settlement.[35]
  • Sealed Air Corporation agreed to pay $25 million as settlement. Sealed Air made soundproofing foam installed in the club.[36]
  • In February 2008, Providence television station WPRI-TV made an out-of-court settlement of $30 million as a result of the claim that their video journalist was said to be obstructing escape and not sufficiently helping people exit.[37]
  • In March 2008, JBL Speakers settled out of court for $815,000. JBL was accused of using flammable foam inside their speakers. The company denied any wrongdoing.[38]
  • Anheuser-Busch has offered $5 million.[39] McLaughlin & Moran, Anheuser-Busch's distributor, has offered $16 million.[39]
  • Home Depot and Polar Industries, Inc. (a Connecticut-based insulation company), made a settlement offer of $5 million.[40]
  • Providence radio station WHJY-FM promoted the show, which was emcee'd by its DJ, Mike "The Doctor" Gonsalves (who was one of the casualties that night). Clear Channel Broadcasting, WHYJ's parent company, paid a settlement of $22 million in February 2008.[41]
There are other named defendants who have not yet made a settlement offer, including American Foam Corporation, who sold the insulation to the Station Nightclub.
==============================================================

Here is one of the videos from National Geographic showing attorney's  former family law client working to pull burls out. Al works locally and also travels to pull in different areas. A good burl
can be worth many thousands. Usually the burls Al pulls end up on high end vehicles,
vessels, and planes. High end veneer is pricey and highly coveted in industries catering
to the rich and famous, or just people wanting high end furniture.



http://channel.nationalgeographic.com/filthy-riches/videos/hollowed-out-hope/#