Divorce

Divorce

Friday, November 8, 2019

PBS Videos on the Camp Fire, PGE Claim Date Extended to 12/31/19

https://www.pbs.org/wgbh/frontline/film/fire-in-paradise/

https://www.pbs.org/wgbh/frontline/article/camp-fire-anniversary-new-details-troubled-evacuation/

https://www.pbs.org/wgbh/frontline/article/no-danger-to-paradise-911-callers-were-told-as-the-deadly-camp-fire-approached/

https://youtu.be/LtwutlbJQqI  (driving through flames to get away from fire)

PLEASE SHARE LINKS above-- WITH EVERYONE ..SINCE NO ONE IN PARADISE OR LOCAL AREA WILL LIKELY MAKE THE LINK AVAILABLE........THEY PROBABLY DON'T EVEN KNOW ABOUT IT.......FRONTLINE -- IT'S JUST ONE OF THE HONEST VIDEOS OUT THERE..............

Note: In the Camp Fire aftermath,  crews had to remove twice as much debris here as what was left from the twin towers after Sept. 11. Most of the toxic debris piles are now gone. So are the burnt cars that lined the roads giving it an apocalyptic feel. Removal of such toxic waste allegedly came close to TWO BILLION DOLLARS.

Also, here is PGE's statement below,  in response to its obvious role in the
Camp Fire.............

Even though PGE is to be blamed for the "fire", the ones in charge of the town of Paradise made up a system that simply was useless, unless a fire was not large. 

The majority of the dead people were seniors that probably believed they did not need to evacuate, after all, hadn't the Mayor kept telling everyone there would be an orderly evacuation??  By now, no one should believe the Mayor.  And not even half of the town had agreed to using the grid "system" that Paradise officials kept saying was so great--- if it was a very small fire--MAYBE it would make for orderly exit. We think that grid system is worthless when no one even understands the size of a fire???  and GET RID OF THAT MAYOR J. JONES!! No amount of education or money makes her qualified to be a mayor, period. She's calling herself a pioneer because she gets to rebuild her home. Lord have mercy!!

Other than that, on the day of the fire, the Frontline PBS video clearly shows that many people were:

 (1) Completely misinformed on how bad the fire WAS; 

 (2) Most people, even the fire fighters, did not even realize the scope and dangerousness of the fire until it was surrounding everyone and everything; and in many cases, that was too late;

 (3) The older people who were likely the most affected, those who were disabled or without help from family/or friends, without internet or perhaps even a phone---were the ones who ended up perishing.  
We reviewed the list of all of the names/ages of those who died last year. Almost without exception, the list was composed mostly of those over 50 with exception of about five people. Most of the people were late 60's, 70's, 80s.....
 https://heavy.com/news/2019/11/camp-fire-paradise-victims-died/

As someone who ran from the fire at 0840am, we knew nothing about any "fire", except from what
we could see in the sky????     Now that may look like a fire now, (picture below) but at the time there were no reports of a fire, no sirens, no warnings, no calls, and nothing to make anyone think there was a fire at the time just by me looking at the clouds? 

           Does anyone really THINK we would be so stupid as to follow some dumb grid evacuation under such circumstances??? Absolutely not!

 I actually thought it was just clouds, (yes I admit that because in person it did not resemble any fire I have seen, and I have seen more than my share of them)....which is WHY I took the pics in the first place--because I thought gee, what puffy clouds those are?  I recall seeing pink and yellow but did not realize it was a fire.  There was no smell, no black smoke, and it actually appeared to be pink and light yellow--the cell phone makes it look darker than it really did look.  Had I known it WAS a fire, I would not have taken any pictures!!!

  I didn't see anyone running in the streets, saw absolutely no one running to their cars, in fact no one was outside at all except me???  But my friend that I called, told me, run for your life so I did, and took nothing from the house at all except my dog.  What other people did or heard, I have no idea. I can only be thankful we did not get stuck on Skyway!




We were lucky to get out via Hwy 32, even tho slow going...........we are lucky we survived....


Thank GOD we didn't adhere to that mayor Jody Jones' dumb area notification evacuation; had we waited around, we all would have likely perished.  

Such an "evacuation" plan is probably what caused in part, many seniors to DIE in the Camp Fire.........they probably felt there was no need to evacuate, and that their AREA had not been called for evacuation.....

             ...in the Camp Fire, if you did not run for your life, your life was likely lost!!!!!


 How else can such deaths occur, when coupled with that dumb program that Paradise employed, to systematically get people out? Not only did that system NOT work, it really was not even USED because had it been used, it would have likely killed even more people??  And only 50% of the people had signed up for it, so it was basically USELESS to begin with?

........Paradise is basically run by people who don't know what they are doing, because if they knew what they were actually doing, they would have solved many of the problems they already had, quite some time ago. If they were that worried about the dead end roads they could have used government authority to try and eliminate those dead ends.

 If Paradise waits enough years, they will spend all of the federal funding and still do very little for the community.  They can pretend to celebrate gold rush days, etc.  NONE of that nonsense will ever bring back people, especially those who understand that dummies can't run towns that have bad plans for dangerous situations???

The only  thing that can come out of the horrific Camp Fire is this:
               Don't pretend you have created safety escapes for people who live in dangerous areas by making up zones of any sort; that is a lost cause from day one. NO amount of such rubbish will save people from a bad fire.  Paradise was lucky they only lost 85 known people. People running through the flames is incredulous....

The run for your life advice is better than following some grid layout which ends up killing people.
Then we find out that no one was given the command for following the grid layout? It doesn't get much worse than that, but we are sure that some people believed they were not to exit until told to do so. By then it would have been too late in most cases.

Also, here is PGE's statement below,  in response to its obvious role in the
Camp Fire..........................

https://www.pbs.org/wgbh/frontline/article/pges-response-to-its-role-in-paradises-camp-fire/

Here is how Rebuilding is going--hint...it's pretty slow......  https://www.npr.org/2019/11/09/777801169/the-camp-fire-destroyed-11-000-homes-a-year-later-only-11-have-been-rebuilt


Friday, November 1, 2019

FAMILY CODE 4320 ..IT MAY BREAK YOU OR IT MIGHT SUPPORT YOU

Family Code 4320-4326,  basically outlines what factors are used to determine spousal support.


https://law.justia.com/codes/california/2007/fam/4320-4326.html

Jan 20, 2019 - 4320(i) now reads: "All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of: (1) A plea of nolo contendere...  

Child Support Factors

Family Code section 4058 - This is core statute with big implications specifically for child support, but also in terms of defining gross income for purposes of spousal support. Subsection (b) has been rewritten.

It used to say:
"The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children." 
It now reads:
"(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children."

This appears to be a clarification of what factors the legislature considers to directly impact the best interests of a child for purposes of child support awards, and so wants family courts to consider....

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Family Code - FAM ... 4320. In ordering spousal support under this part, the court shall consider all of the following circumstances: .... as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder ... this subdivision shall only apply to convictions that occur on or after January 1, 2019.
Jan 12, 2019 - The new codes went into effect on January 1, 2019. ... Under California's Family Code Section 4320 (j), when determining spousal support, the ...


Family Code 4320 governs the amount and duration of alimony in California .... However, commencing in 2019, the new federal tax laws make modifications to .


Since the rules on spousal support have drastically changed, make sure to find out how the laws will affect you. Especially if you are the one paying, or  believe that you should not be paying the amount you were told to pay...

Thursday, October 31, 2019

Winning in Unusual Way! from 2015


In another instance of trial, after cross examining the other party, the opposing counsel suddenly called a recess.

After 7 years of never being able to get a dime out of the ex, who had already filed bankruptcy, my client, having previously used 3 different lawyers, [w/o a good result],  ended up contacting attorney herein --- for trial.
The opposing attorney stopped the trial and offered a combo of about $23,000 combined cash/property $100,000, and attorney fees of $6,000. This likely meant that if they had NOT stopped the trial, my client would had gotten spousal, but we would have had to chase him forever across the USA to get it. Client elected to take the offer. Because attorney herein cornered the ex spouse on the stand for what appeared to be potential bankruptcy fraud, the rest is history......

In another instance, a civil case by a former wife against former husband and girlfriend, the husband  had already been convicted of homicide (and was on appeal, he lost); the case then went to jury on issue on civil liability as to both husband and girlfriend. Keeping in mind husband was already convicted of first degree murder, the jury decided that husband was only 60% at fault in civil case. 

Normally the civil case has much less burden of proof, so finding the husband only 60% and not 100% evidently meant, jury wanted to punish the girlfriend because they took 40% and assigned it-- NOT-- to the husband. This verdict was reported in Verdict Search, a national reporting source for large verdicts nationwide. Counsel representing the girlfriend was from insurance defense firm.

Currently, the former wife has not been able to collect much on the verdict [of millions] after paying fees/costs and it is anticipated she will not be able to collect in the future. Very interesting case, which also involved animals (pet dogs) owned by the husband/son. Son was stabbed when father went to check on condition of dogs; father claims son ran into the knife by lunging forward.

In a very unusual scenario, attorney was substituted into a case with a client who did not reside locally;  a hearing on an issue was set for a date only several days away, at which time attorney believed the hearing could be continued. It seems the hearing was in fact a trial (according to Judge) -- and the client was not present and Judge did not want to continue the issue. Attorney went forward on the issue, with no witness or client. Using only cross examination, Attorney actually won the trial--much to surprise of  witnesses present and including opposing counsel.

This is very uncommon, but imagine how your case might work out if attorney can do this, without even having a client or a witness?

Attorney thinks it's fair to say, you would be in good hands. Especially if other attorneys have failed in the past on your case.

Note: All of these scenarios are actual cases but by no means are such outcomes considered standard. Each case has different facts and various laws which will apply; each case can vary tremendously, and attorney is not representing that such outcomes are common. However, attorney does have a very high percent of cases that settle or result in what the client wanted.

Friday, October 25, 2019

THE PGE MINDSET FOR WILDFIREZ, YES, FIREZ!

..PGE SAYS SHUTOFFS ONLY IN SELECT AREAS ???




Can You Lose Custody Due to Bipolar,Drugs, Arrests, Domestic Violence, or Even Lies??

First... we should remember that there is both legal custody and physical custody. Many parents are concerned over physical custody as it is tied into child support; and many parents are concerned about legal custody, because shared legal custody is often given, unless one parent has shown he or she has issues in that area; CA law favors joint legal/physical if agreed upon, but the court has wide discretion for parenting and will consider the child or children's best interest.

Legal custody basically involves the health, welfare, education and safety issues involving raising of children. Attorney has seen many parents lose legal custody [prior to consulting attorney herein] due to very poor decisions made with kids (i.e. drunk driving, drug history, domestic violence, criminal actions, harming of kids, abandoning kids, etc.) As an example of "joint legal custody" in a form (by the CA Judicial Council, and used by all CA courts, see form FL341(E) online..)

 It is potentially possible that one parent can poison the relationship between a parent and child to extent that the Court might have to award the other child to the other parent to prevent the same parental alienation from happening?

Family Code 3042 goes over a child's preference of where to live (one parent or another) and generally,  gender, race, religion, sexual orientation or handicap supposedly are irrelevant to custody of children. If this was your partner being arrested, consider the difficulty at trial as to whether or not it would make a difference to your case?



So when your mediation results in a recommendation you do not like or want, did the mediator make informed decisions or did he or she ignore you and just listen to the other parent? It is very common to find out after the mediation that neither parent really understood what happened in the mediation itself. Not all mediators do the actual mediations exactly alike.

Attorney has found that many clients do not do well in mediation because they do not understand why they need to even go to mediation. Then they just blurt out anything they want to, may express high anger or no patience, and basically do not present well to the person that will decide their fate with the kids?

When considering whether one can lose custody to any of the named things listed in the title for this post, attorney has indeed seen parents lose custody for those things, in combination with many other things, most of which were negative. Negative things (smoking inside, falling asleep drunk, letting kids wander alone outside in front yard, giving kids alcohol or drugs, leaving kids alone home, allowing large animals with kids unsupervised, putting older kids in charge of younger kids while older kid is playing video games entire time, letting kids be truant, failing to take kids to doctor, ignoring kids' homework, etc.)

The reason that gender, race, religion and sexual orientation or handicap are not relevant to custody is because those items are already under Federal law protections, so it would be discriminatory. Note however, that if a parent was trying to get away with something by claiming it fell under one of those categories but in reality, it did NOT, that would be a different story.)

If you are facing mediation and need help, contact attorney.


Tuesday, October 22, 2019

SPOUSAL SUPPORT AND WHY YOU SHOULD READ THIS




CALIFORNIA SPOUSAL SUPPORT FACTORS

(This is from one of my other blogs, law is all online)

Many clients do not understand the rules re spousal support. Some believe they will never get anything, and some believe they are entitled to everything?!
When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all.  The Court (and you) should consider all of the following circumstances according to FC4320:

The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(2)


The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to the family


The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)


The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)


The needs of each party based on the standard of living established during the marriage FC4320(d)


The obligations and assets of each party, including separate property FC4320(e)


The duration of the marriage FC4320(f)


The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)


The parties' age and health FC4320(h)


Documented evidence of any domestic violence, including consideration of emotional disteess from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)


The immediate and specific tax consequences to each party FC4320(j)


The balance of the hardships to each party FC4320(k)


The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l


The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]


Any other factors that you determine are just and equitable FC4320(n)


Note: "any other factors" kind of leaves the door wide open if you ask me?!

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The Dad's Car !


The Mom's Car?
Related image

*Let's say this:  If  YOU   get a particular reaction just out of  looking at pictures 
of  two different  cars, 
imagine what could be done with court exhibits at trial??

Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise?  (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.

Attorney herein has strategy tactics, and uses them,  in order to obtain superior results. Provable at that!  Difficult fact patterns call for those who can think outside the box!

If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!

Why Attorneys Will Have to Change Due to A.I. Use Replacing Workers?


The article below was not written by me--but I agree with this article, and have long known that technology and AI (aritficial intelligence) --will end up cutting down the dredge work!  I have emphasized some of HIS sentences---because most people will not read the entire article.

But as can be seen, he is saying that the monopoly on legal knowledge will have decreased...so, essentially new attorney hires will not be getting jobs based so much on former grades, but on their skills with people, and solution based orientation, etc.

Those types of skills which are inherent to the sales profession and customer service will be increasingly used, in part due to the social media aspects and online data.

As the writer states, attorneys will need to focus on human skills. [Hint: attorney herein has long been an attorney with a social work degree, high degree of human awareness and compassion, and knowing how people think; additionally, attorney understands the process of motivation and how things get done..] AND there is a site online, Learned Hands, that allows people to interact with legal questions from "clients" online, in order to strengthen the legal issue spotting.

See https://learnedhands.law.stanford.edu/  (yeah, I have worked on it as to issue spotting here and there, it's interesting, if you like this type of thing....it's pretty much focusing on ability to spot issues within a legal topic, and obviously not every issue is actually a legal issue for that topic itself. There are other people doing it also, so people try and get points. It does not involve money or contests.)

ARTICLE BELOW WRITTEN BY JAAP BOSMAN




WE NEED LAWYERS WITH DIFFERENT SKILLS

Once both clients and law firms start to realize that the value is in creation, and once technology will be able to handle most of the production—that will be pretty soon—the role of lawyers will be significantly different from today. Today, law firms have substantial leverage and have based their business on a small army of associates who are performing boring tasks at substantial hourly rates.
These lawyers today do need only to be diligent, precise and have a good knowledge of the law and legal procedures. Not rocket science, they just do what needs to be done, producing and processing document after document. This is exactly what universities train lawyers to do.
In the near future, once creation becomes the core of the value added by lawyers and law firms, we will need a different kind of lawyer. There will be less need for old-fashioned lawyers. The monopoly on legal knowledge has been lost, and the production work will have little or no value. To survive, lawyers will need to be smart, streetwise, business-savvy, creative, pragmatic, solution-oriented, and have excellent people skills and so on. We will no longer be looking for diligent students with above-average academic grades. The legal industry will need lawyers with an entirely new set of skills. 
None of these skills are currently considered at universities and law colleges.
To remain in business and meet the clients’ demand for better value, lawyers will need to focus on human skills. For me, this paints a picture of an inspiring future in which being a lawyer will be more fun than ever before in the last decades. Finding the right talent, and training and educating today’s lawyers, will take time. Those who want to be successful tomorrow have little time to waste.

Thursday, October 17, 2019

How Long Does It Take to Succeed at Family Law Litigation?

Good question........what attorney has seen in the past, from being in both larger cities, and Federal Courts, is that Family law court is not like most court cases, where the focus is often on difficult civil law issues, litigation problems, and witnesses, or criminal courts, where it's all about the drama usually, or people taking pleas. So, the number of years might indicate knowledge of the law, but might not necessarily win your case, since Family law is one of the fields where things are not that concrete.

Family law is definitely not for many attorneys, as sometimes just the knowledge of family law court will make many attorneys RUN!!! Many attorneys are not suited for Jerry Springer soap opera type things, or for a lot of emotional and often agitated combative litigants.  Much of the fighting in hallways at the Sacramento downtown courthouse formerly, was not due to criminal cases, but rather, to Family law cases.

Much of the data that goes into family law cases will revolve around the claimed actions, or non actions of the parties. For example, shared legal and joint physical custody--there are laws on these subjects obviously, but the law alone is usually not going to make or break many cases. Judges are able to make huge decisions based upon their own personal application of what is or is not in the best interests of the "child" and sometimes, this can go horribly wrong, as most people know.

So then, how many years of litigating in this type of arena would end up being so helpful to clients?  The years of courtroom experience is one thing, but the types of cases seen can really make a difference. Endless routine child support hearings does very little to teach one knowledge about custody except to extent that it points out issues in how support is tied to visitation percentages. On the other hand, handling many contested custody cases can start to become boring, if there are no different facts involved.

The most interesting cases with unique issues will usually prove to be the best teaching experience; and after being in large cities with many cases, one will have seen plenty of differing scenarios. (Attorney herein has done family law, criminal law, bankruptcy, civil cases, animal law cases and federal court cases- mostly on constitutional law issues.)

If an attorney is only in the game to earn a buck, he or she might not really care what type of cases they have. Some will always be more interesting than others. However, an attorney that really wants to win a case for clients might prefer certain types of cases over others. Attorney herein personally is not into running child support cases and arguing over timeshare. It gets done, but it is just one of those tasks that goes with the territory. Going to DCSS hearings is like pulling teeth. Not interesting.

Becoming adept at Family law usually requires an attorney that can easily talk to people, and not talk down to them. Judging clients is also not a good trait, but being responsive to how the client feels is required, and that is where many attorneys may not really think too hard, because they don't need to, or have too many clients. Or, maybe the attorney is making so much income he or she doesn't really care? You wouldn't be the first one to notice it.

Thursday, October 3, 2019

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 in CA 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, are 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 which 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.

Thursday, September 26, 2019

"Supervised Visitation"... and Does It Work?

From what attorney has seen in cases involving supervised visits, some parents do quite well and others fail to even do the supervised visits?  In some cases this is a problem but in other cases we have seen judges ignore non compliance and just keep the case moving along?

In many cases, supervised visits go along with Domestic violence and TRO cases...if one party is not represented, that party usually does not fare so well (because attorney on other side will represent the opposite client, while unrepresented client will become understandably unhappy...)

Domestic violence is one of the worst type of cases to work on due to the high stakes involved, the emotional aspects, and the common failure of some judges to believe what actually happened?
Attorney has been involved in plenty of DV TRO cases.  They are all different, some are more difficult than others, especially if one parent takes the kids and leaves the state. That already happened in several cases attorney had, and Judge ordered the parent who took the kid to return the child to the county immediately.

**LIMITED SCOPE REPRESENTATION**


 Unfortunately, those without representation often do not do that well since they are fighting against an attorney--however, if the non represented client can hire an attorney on Limited Scope basis--ONLY for one aspect of the case, it is possible that client can make headway in the issue that really requires legal help.  It would depend on how long such issue will take to resolve for most part.

If you believe you have an issue that would benefit from Limited Scope Representation, please do call and inquire; there is no charge on consultation.

Thursday, September 19, 2019

New 2019..Fed TSA Updates Marijuana-Don't Ignore Law and Lose Custody

According to the TSA.gov site, the "medical marijuana" section now states that hemp derived CDB products/medications or those approved by FDA, are legal as long as it's produced according to the regs defined by law under the Agriculture Improvement Act of 2018.

 Supposedly medications which qualify can be inside checked and carry on luggage, with special instructions. The TSA says that possession of MJ and certain cannabis infused products (including SOME CBD oil products, still remain illegal under federal law. )

Purportedly the TSA officers are required to report any suspected violations of the law which would include possession of MJ and certain cannabis infused products. * https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana   It's clear as mud, maybe!!
https://www.tsa.gov/travel/security-screening/whatcanibring/all

Disabilities and Medical Conditions

To ensure your security, all travelers are required to undergo screening at the checkpoint. You or your traveling companion may consult the TSA officer about the best way to relieve any concerns during the screening process. You may provide the officer with the TSA notification card or other medical documentation to describe your condition. If you have other questions or concerns about traveling with a disability please contact passenger support.
You are required to undergo screening at the checkpoint by technology or a pat-down. If your TSA Pre® designation has been verified at a participating airport, you do not need to remove shoes, laptops, 3-1-1 liquids, belts, or light jackets during the screening process. However, if you are required to undergo additional screening for any reason, a pat-down may be required, which includes the removal of items such as shoes, belts, or light jackets. Also, TSA officers may swab your hands, mobility aids, equipment and other external medical devices to test for explosives using explosives trace detection technology.
Travelers with disabilities with TSA Pre® on their boarding passes will receive TSA Pre® on-person screening when screened in a standard lane for any reason. This may happen when the TSA Pre® lane is closed, for example. Carry-on baggage and other accessible property will undergo standard screening in standard lanes, including removal of laptops, 3-1-1- liquids, and CPAP/BPAP equipment. (There is more on the actual website...)

Attorney has been through many airports and is usually held aside and must go through some nonsense about 40% of the time. Then after so many trips up and back to San Diego, the hold-asides became less frequent.

SO, how might this related to YOUR case, or family members? Well, obviously if no one knows what the TSA rules are, and you are the current custodial parent, and you get arrested in the TSA line and they take your kid, does that sound like something you want to happen???? 

And that was because you did not follow the rule, or didn't know the rule?  Very easy to see the other parent running to court to get rid of your current visitation????   This could easily happen, unfortunately....................................

The Transportation Security Administration has updated the “What Can I Bring” section of its online regulations to reflect news of an FDA-approved epilepsy medication containing CBD oil.

Also, supposedly TSA security officers don't search for MJ or illegal drugs, BUT if an illegal substance IS discovered during security screening, they will refer the matter to a law enforcement officer.

Before flying anywhere, make sure to look up the TSA rules currently in place. Those people who do the TSA jobs at the airport, are not exactly always friendly.

Wednesday, September 18, 2019

Why Attorneys Talk about Social Media Evidence

Talking to Clients About Social Media Posts
(from blogs.findlaw.com)
The American Bar Association has issued 12 ethical rules for lawyers, dealing with social media. These include:
  • You should tell your clients about the privacy settings on various social media platforms and how to make them as private as possible.
  • You cannot tell clients to destroy existing relevant posts, just like you can’t tell a client to destroy any other existing relevant evidence.
  • Relatedly, you must inform the client of the potential negative consequences (if they do destroy existing evidence on social media...)
  • You cannot contact or communicate with your clients through social media.
  • You cannot contact potential witnesses on social media through pretext.
Failing to follow these rules can leave you, and your clients, at risk. And if you tell your clients to “clean up” their social media without providing specific directions, in writing, “spoliation sanctions” won’t be such a fun phrase to say anymore......
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This type of information above, just shows that attorneys must be diligent about social media, and preferably, should ensure that clients understand that posting on social media (which of course, include Facebook) can have some pretty bad fallout, especially if there has to be an investigation into posts that had key evidentiary value, and then were found to have been removed?    
 Most clients do not understand the required steps required in order to introduce evidence of texting , for example;  how judges want such data to be arranged, shown or displayed in court; emails have a slightly easier time; posts that are regularly taken down by the website or host can prove to be more expensive when attempting to show time frames. Most of online data these days is subject to current discovery rules and because new platforms can often change quickly, the cost to resurrect such data can possibly be both high in cost and time.

Saturday, September 14, 2019

Cheating Spouses Caught due to Syncing of Devices?!! True.....


When clients keep using the "SYNC" capabilities, knowingly (or un-knowingly) whether on their phone, tablets, computers, etc.-- it is just a matter of time that will prove that having everything SYNCED to each other's devices-- IS A SUPER, SUPER BAD, BAD, BAD, IDEA????  We have seen more than several cases  in different counties, where an ex spouse somehow got the former spouse's data (text/photos/etc.) "synced" to a personal tablet or equivalent; and other cases where the "sexting" between phones was also "synced" to a personal device, and then printed out for the COURT????  Possibly by the attorney?  

Unfortunately, this type of case can become very expensive, and difficult due to the forensics, data preservation, correct tracing, and then, if needed, the forensic testimony of an expert?  It would depend on facts of the case, as some judges will not admit evidence unless every single iota of law has been qualified, and in data issues, this can be burdensome due to new discovery rules on data/transmission of data. Further, the time it would take will increase, thus expenses are increased to the client.
 




In  these types of cases, one  spouse or former parter either found out about the other partner's  new  interest, or was able to obtain the personal text between the new interest and former spouse.  This is exactly what you do NOT want to happen?  Whether or not the data was of personal or sexual or other personal data or photos--this is NOT what we want to see in court cases involving divorce? and  purposely PUBLISHING this personal data might be grounds for both a civil or personal cause of action under the law?  Depending on the severity, it is possible this would amount to sancionable conduct? 


Current case law indicates that this is not something you want to get into trouble for??? We know, as we have seen more than several of these things keep happening!!!  In fact, such facts were the basic ground for invasion of privacy in a domestic violence case? [The only reason we dropped the DV was because the client agreed to do it; otherwise, it was a perfectly valid DV case based upon strong facts.] 


Legally, we don't like to see these actions happen, but they are becoming more and more apparent. Such illegal actions can not only ruin one's reputation, it can cause job loss, intimidation, harsh reaction that would never have arisen, creating intimidation and loss of privacy, lost work hours, and much more, including personal injury.