MikeTheLawyer.comMikeTheLawyer.comA collaborative family law blog dedicated to resolving divorce and child custody disputes and preserving parent - child relationships. Articles
Role in Recovery of Johns Hopkins Data Leads Mike Mastracci to Offer ID The
2007-10-01 00:00:00 Identity theft is reaching catastrophic proportions in the U.S. Federal data bases, university alumni lists, students' personal data, utility company customers -- all have been victims of identity theft in the past year. Here in Baltimore a computer containing sensitive personal records of 5,783 cancer patients was stolen from Johns Hopkins Hospital on July 15. On top of their struggles with illness, these people faced both the possible violation of their privacy should their extremely personal data be shared and the potential financial disaster of identity theft. Through my work as an attorney I was in the unique position to make certain neither tragedy occurred. I had heard about the stolen computer weeks ago but didn't know what was on it. When I saw the stories in the news, I knew immediately that that was the computer I'd heard about. I was able to expedite the computer's safe return to the university. To the best of my knowledge, the computer's data base was not accessed ... More About: Recovery , Data , Leads , Mike , Role
Building Your Collaborative Divorce Team
2007-09-29 23:38:00 Collaborative divorce uses a cooperative team approach rather than an adversarial approach to arriving at an equitable divorce settlement. (See our blog posts beginning September 24, 2007.) The make-up of your collaborative team, which you and your spouse choose jointly at the onset, will depend on your individual circumstances. You and your spouse and your individual collaborative lawyers comprise the core of any team. Additional team members may include: Divo rce coaches for each spouse to assist with communication skills, self management and negotiation skills; Financial adviser to provide accurate, impartial financial information, assist in gathering necessary financial documents and provide possible settlement options; Child specialist represents your children, talking with them and you to present their concerns and needs; and Case manager, often one of the coaches, keeps everyone informed and on track. All members of your team should be collaborative professionals dedic... More About: Building , Team
The Attorney's Role in Collaborative Divorce
2007-09-26 21:12:00 In a collaborative divorce, your attorney is not neutral. He fully represents YOU, but with a change in emphasis and attitude. Instead of taking an adversarial approach, as is typical in most American divorces, lawyers who practice collaborative law emphasize mutual respect and cooperation. With collaborative divorce it is possible to arrive at an amicable settlement that respects the goals and needs of both parties. As in any divorce proceeding, a lawyer who practices collaborative law serves as a resource, educator and advocate for his client. He performs the usual investigations and determinations, helps you organize disclosure documents and understand those provided by your spouse. He will apprise you of your legal rights and obligations and help you analyze the consequences of competing options and possible choices. But he will also try to anticipate conflict, work to achieve creative solutions to problems that are acceptable to both parties, and strive to manage the divorce p... More About: Divorce , Role
Collaborative Law Takes Nastiness Out of Divorce
2007-09-25 05:50:00 Browsing at the video store this weekend, The War of the Roses caught my eye. In the classic nasty divorce movie, divorce attorney Danny De Vito tells the story of an embittered couple, Michael Douglas and Kathleen Turner playing Oliver and Barbara Rose, who after 17 years of marriage decide to divorce. A pitched battle for possession of their luxurious home ensues, each party going to increasingly absurd (and comedic) lengths to outmaneuver the other -- to the ultimate downfall of both. It struck me that, though exaggerated by Hollywood, this is the American view of divorce: two infuriated adults, angrily sniping at each other, each trying to get the upper hand and inflict damage, backed up by coldly calculating lawyers. This is the view reinforced repeatedly in movies, on television, on the pages of magazines and in books. In America divorce is acrimonious. Only one side will win. The other side must lose. There was a time when I, too, held this view, until my own experience wit... More About: Divorce
Pre-Paid Legal Services Provide Peace of Mind
2007-09-21 10:32:00 There are times in everyone's life when they need the services of a good lawyer. An attorney who practices family law can be an important part of your family's support team. Just as your family doctor has a broad knowledge of medicine, a family lawyer has a broad knowledge of law. An attorney like myself who practices family law is capable of assisting you with the wide variety of legal issues that impact most people's lives. You should always consult a lawyer when you: Buy or sell real estate Sign a contract with financial implications Start a business Are arrested or charged with a crime Have an accident resulting in personal injury Have tax problems Are being sued Initiate a lawsuit Have a change in your family situation such as marriage, adoption or divorce Remember the old saying: He who is his own lawyer has a fool for a client. Contact me if you need a lawyer and consider signing up for prepaid legal services. It's an affordable way to make sure trustworthy leg... More About: Peace , Services , Legal , Paid , Mind
Mastracci Introduces New Identity Theft Protection Plan
2007-09-19 10:39:00 For the last week I've been talking in this space about identity theft. My own recent experience in preventing the potential identity theft of thousands of cancer patients at Johns Hopkins Hospital (see my September 8 post) brought home the importance of fighting this fast-growing crime. With more than 10 million victims every year, it is only a matter of time and luck before each of us personally experiences this devastating crime. In the past week I've shared valuable information you can use to protect yourself from identity theft. While there are many positive steps you can take, there is, unfortunately, no way to totally protect yourself from becoming a victim of identity thieves. Each of us have sensitive personaI data stored on numerous computers across the country. Information about ourselves resides in computers or on data disks that contain medical records, utility information, government data, university alumni lists, bank accounts, consumer credit accounts, retirement ... More About: Identity Theft , Theft , Identity , Plan , Astra
What to Do If Your Identity Is Stolen
2007-09-18 05:02:00 Identity theft rob sits victims both financially and emotionally. The arduous task of repairing your financial records and credit for many is far more devastating than the loss of money. The fastest growing crime in America, we've been talking about identity theft lately (see our previous posts starting with September 8). If, despite every precaution, you become the luckless victim of identity thieves, there are steps you can take to minimize the damage. As you are working to restore your identity and credit, make sure you keep all correspondence and make a detailed record of all your conversations, including date, who you talked to and a summary of what was said. The longer you wait to act, the more damage identity thieves can do and the more costly it will be to you, so take immediate action. Report the theft to the police immediately and request that a theft report be filed. Filing a police report gives you greater protection and may be required by some identity theft protec... More About: Stolen , Identity
How to Protect Yourself from Identity Theft
2007-09-14 23:54:00 Identity theft is on the fast track to overtake drugs as the most prolific crime in America. With 10 million people falling victim every year, there's a better than average chance that you or someone you know will fall prey to identity thieves. To minimize your risk, the U.S. Department of Justice says, remember the word SCAM: Stingy is what you need to be about giving out personal information to others. Adopt a need to know approach to your personal data. Be suspicious first, so you won't be sorry later. When you open a bank account or apply for a credit card, you may be asked to provide your mother's maiden name to verify your identity. If you call them, they may ask for that information to verify that you are, in fact, you. However, if they call you, they should not ask for information already on file. If they do, suspect a scam aimed at obtaining your personal information. Don't have more information printed on your checks than is required, and particularly not yo... More About: Identity Theft , Theft , Identity
What Happens When Your Identity Is Stolen?
2007-09-12 23:23:00 Victims of identity theft suffer not only financial loss but tremendous psychological pain and a feeling of violation. They may be harassed by debt collectors and have to cope with serious banking problems, loan rejection or utility cutoffs. They may even face arrest for crimes committed by the person who stole their identity. With passage of the Identity Theft Assumption and Deterrence Act in 1998, identity theft became a crime in America. Federal and state laws often protect victims against financial loss but it is the severe disruption to their lives and the emotional damage that cause victims the most distress. On average, victims spend 600 hours trying to clear financial problems and repair damaged credit. In a recent poll, Americans feared only a terrorist act on the level of 9/11 more than the theft of their personal data. Portrait of a victim. The average identity theft victim is 42 and lives in a large metropolitan area. Eighty-six percent of victims have no relation to ... More About: Stolen
Preparing to mediate
2007-07-05 00:00:00 Generally speaking, mediation can never hurt when trying to resolve child custody and child access issues. It is very common to feel nervous and even intimidated by the mediation process. By being cognizant of some important considerations, you can ease... More About: Mediate , Prep
Coming soon! *The Superior Parent's Guide to Preserving Parent - Child Rel
2007-07-05 00:00:00 There are plenty of books on divorce, child custody and visitation disputes. There are countless articles on strategies to win child custody, litigation tactics and related war stories. There are increasing numbers of books on mediation, collaborative law practices and... More About: Guide , Child , Rent , Ving , Superior
Listening skills- Humor
2007-07-05 00:00:00 Good listening skills are essential in working out disagreements in custody and visitation disputes. Often we do not hear what we think we hear and we therefore say and do things that others feel differently about, sometimes in a good... More About: Humor , Skills , Kill , Humo , Listening
Divorce Poison- (book review)
2007-07-05 00:00:00 One book I recently recommended to a client was a must read for him. According to my client, I earned my fee just for recommending it! The book is Divorce Poison by : Warshak. I was thinking of doing a... More About: Book Review , Review , Book
Disney family collaborates
2007-07-05 00:00:00 ROY E. DISNEY FILES FOR DIVORCE IN LOS ANGELES TO END 52 - YEAR MARRIAGE On January 16, 2007 the Associated Press reported this breaking news. Roy E. Disney filed for divorce from his wife, Patricia, on Friday, citing irreconcilable... More About: Family , Rates , Rate , Coll
How does collaborative family law work?
2007-07-05 00:00:00 As in traditional divorce cases, your lawyer supports you and your spouse's lawyer supports your spouse. But in collaborative family law, both lawyers must also practice collaborative law. Before the process begins, all of you -- lawyers and clients-- formally... More About: Family , Work , Coll , Family Law
Understanding women - Humor
2007-07-05 00:00:00 A woman's perfect breakfast: She is sitting at the table with her gourmet coffee waiting for her personal trainer to arrive. Her son is on the cover of the Wheaties box. Her daughter is on the cover of Business Week.... More About: Humor , Women , Humo , Understand , Standing
What are the benefits of collaborativ family law?
2007-07-05 00:00:00 Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits. It creates a cooperative environment where communication remains open, which provides a setting where you can work... More About: Family , Benefits , Benefit , Coll , Family Law
Divorce Glossary of Terms
2007-03-24 23:00:00 Alimony.' Financial payments made to help support a spouse or former spouse during separation or following divorce.' Also called spousal support or spousal maintenance. Alternative dispute resolution (ADR).' Methods of resolving legal disputes without going to trial, in a less... More About: Divorce , Terms , Glossary , Loss , Gloss
Unhitched without a hitch - Team approach promises more amicable split
2007-03-18 00:00:00 Another good article about the benefits of collaborative divorce by Barbara Yost at The Arizona Republic: When Naomi Garcia sought a divorce in late 2005, a friend recommended attorney Deborah Pratte, who specialized in a process called collaborative divorce. The... More About: With , Prom , Team , Promises , More
How to make a difference for a child of divorce even as a bystander
2007-03-18 00:00:00 Divorce these days surrounds us. Child ren everywhere are affected. It affects our grandkids, our nieces and nephews, our neighbors, our students or patients, and many other kids that touch our daily lives. Sometimes on the outside it's hard to know... More About: Divorce , How To , Make , Difference
March 2007 - Quote of the Month
2007-03-18 00:00:00 Adversity is another way to measure the greatness of individuals. I never had a crisis that didn't make me stronger. -Lou Holtz... More About: March , Marc , Quote , Month , Mont
Advantages of an Uncontested Divorce
2007-03-10 19:08:04 An uncontested divorce is where husband and wife can reach a decision as to the terms of the divorce without going to trial. While no divorce is truly "uncontested" in the sense that there are no disagreements, these disagreements do not always have to be resolved in court. Uncontested divorce is the way most people divorce. Compared to the protracted litigation usually involved in contested divorces, an uncontested divorce is simpler, far less expensive and much quicker. Uncontested divorce also offers you and your spouse the opportunity to end your marriage quietly and with dignity. While uncontested divorce is not viable for every divorcing couple, it is appropriate for many more couples than some divorce lawyers like to admit. Believe it or not, you and your spouse do not have to yet agree on every issue for an uncontested divorce to be right for you. It's not so much a question of agreement as a desire to minimize the legal expenses badly enough that you ar... More About: Divorce , Contest , Test , Contes , Este
Divorce Combat
2007-03-10 19:08:04 Mary Whisner at shlep, the legal self-help blog, points to an article on "The Many Costs of Conflict" What do you make of a new book on divorce for women by attorney Sherri Donovan: Hit Him Where It Hurts: The Take-No-Prisoners Guide to Divo rce --Alimony, Custody, Child Support, and More. Mary Whisner at shlep, the legal self-help blog, points to an article on "The Many Costs of Conflict" by dispute resolution consultant Stewart Levine, which describes the heavy financial, emotional, and other tolls that conflict exacts. According to Levine, these include: Direct Cost: Fees of lawyers and other professionals Productivity Cost: Value of lost time. The opportunity cost of what those involved would otherwise be producing. Continuity Cost: Loss of ongoing relationships including the "community" they embody Emotional Cost: The pain of focusing on and being held hostage by your emotionsIt made me wonder what shlep and Levine would make of a new book ... More About: Combat , Comb
How Does the Collaborative Process Work?
2007-03-09 19:07:03 As in traditional family law/divorce cases, your lawyer supports only you and your spouse's lawyer supports only your spouse. In the collaborative process, both lawyers are trained to consider the other parties? perspective in order to help both of you reach agreements that accomplish the goals of both parties and preserve the welfare of the entire family. Collaborative practitioners work as part of an inter-disciplinary network of professionals to provide expertise and advice on issues relevant to the ultimate settlement of the case. Before the process begins, the lawyers and clients formally contract to work together to resolve the issues of the case. Both lawyers contract not to take the case to court. They sign a contract titled ?Participation Agreement?. In traditional litigation the divorce process begins with the filing of a lawsuit. The collaborative process begins with the signing of the Participation Agreement.The parties also sign a document ?Statement of Understanding... More About: Borat , Work , Labor , Proc , Process
A Clients? Paradigm, Not A Lawyer?s Web...
2007-03-09 19:07:03 In order for a case to be Collaborative, there must be a signed Collaborative Agreement. If a lawyer tells you he or she can work "collaboratively" with your spouse's attorney, without the risks and rewards of the Collaborative Participation contract, it is not truly a Collaborative matter. Such a lawyer may be more concerned with preserving his or her opportunity to earn fees in litigation and this may be an impediment to the empowerment you can receive by utilization of the Collaborative Process. The cornerstone of Collaborative Practice is the Participation Agreement, and the backbone of the Agreement is its Disqualification Clause. If you have decided that the Collaborative Process can "provide the story you want your children to tell of their parents' divorce", only by taking the metaphorical club out of the attorneys' hands, can you eliminate the immediate threat of a "War of the Roses" scenario. In its most basic form, the Collaborative Fami... More About: Lawyer , Clients , Para , Arad , Client
Did he say "Bullshit" ?
2007-03-09 19:07:03 Yes. That nerdy guy on the introduction page said it. Is that in bad taste? Please let me know. Our goal is to help, not to offend! However, one of my respected colleges, when hearing that nerdy S.O.B. said that I might offend some conservative folks and that this choice of expression may turn them away from receiving otherwise valuable information. I say........Bull s hit ! Let's face it, these are generally "not so nice" topics. A very large percentage, maybe 99.9% of my clients, when going through divorce or child custody issues will, at some point in the traditional adversarial litigation approach, refer to the other side as "full of shit," or refer to the pleadings, responses and allegations of opposing counsel as "bullshit." Given this frequency, "bullshit" is almost a legal term of art when it comes to divorce and child custody litigation. Regardless of one's tolerance for "bad words" the fact that "bad" begets... More About: Shit
Collaborative Family Law Center Announced by Chief Judge in New York City
2007-03-02 19:02:03 ***excerpted from The New York Times, February 27, 2007:ALBANY, Feb. 26 ? Chief Judge Judith S. Kaye, in her annual address on the judiciary, announced plans to create a new family law center in New York City that is intended to make divorce faster and cheaper for couples who want amicable settlements. New York, which does not have no-fault divorce, is notorious for judicial delays that turn even the least fraught divorces into expensive, acrimonious affairs. Judge Kaye, who has long championed overhauling state divorce laws, repeated her call for no-fault divorce in her speech on Monday, but that idea has stalled in the Legislature in the past.The planned Collaborative Family Law Center, which will serve all five boroughs, does not require legislative approval, and it will serve as a pilot project on alternative approaches to divorce when it opens in Manhattan this year. ?Too much money, too much delay, too much agony,? Judge Kaye said in her speech, describing the state?s divorce... More About: Borat
We?re Having a Tuesday
2007-03-01 19:01:03 Book Review: We?re Having a Tuesday When mom and dad have two different homes, the emotional frustration from the child caught in between is unfortunately inevitable. This frustration is brought to life through the eyes of a sweet school-aged girl in DK Simoneau?s new book, We?re Having a Tuesday. The book tells a heart-warming tale of the fantasies children of divorce too often experience of trying to re-combine together the two worlds they love so much. The beautifully illustrated book (hat tip to Brad Cornelius) also includes a ?fill-in-the-blank? section designed to enhance communication between the parent and child. DK Simoneau is a divorced mother of two. Visit her website for more information about this charming book and other relevant resources. ABOUT THE AUTHOR DK Simoneau grew up as a child of divorce and now is a real-life divorced mother of two. Her experiences on both sides of divorce have given her the ability to relate to both the parents and the children of sp... More About: Ving
Colorado Collaborative Law - Ethical Considerations
2007-02-26 19:00:11 February 20, 2007 The Juvenile and Family Law Program sponsored a lunchtime presentation titled, ?Ethics and Collaborative Law.? One of Color ado?s leading Dave Johnson, of Kane, Donley & Johnson PC, provided an introduction to the basic concepts of collaborative law, discussed its advantages and drawbacks, and addressed several ethical issues raised by this new form of alternative dispute resolution. Approximately 90 students and faculty attended the presentation. Mr. Johnson noted that family law is the perfect setting for this form of dispute resolution because it concerns family interactions that will continue even after legal relationships change. The basic design of collaborative law helps divert cases from the courtroom and presents clients with a forward looking, goal oriented, and client-driven model of dispute resolution. Mr. Johnson identified two ethical issues that are often cited in relation to collaborative law: (1) attorney-client privilege, and (2) d... More About: Colorado , Borat , Labor , Side
Virtual Visitation: Webcams and Weekly Visits
More articles from this author:2007-02-23 18:58:02 Proponents of the Web cam option seek to get it included in custody agreements and in state custody laws. But not everyone is ready for it.Instead of counting the months until she would see her son each summer, Carrie Hammond needed only count the hours until Kegan's face would light up her computer screen. Though Kegan, 6, was in Tennessee with his father, and Hammond, 27, lived in San Marcos, the two were participating in virtual visitation as part of the family's child-custody agreement by making video calls via Web cameras. "It's been instrumental in keeping the relationship strong," Hammond said, recalling their hours-long, twice-weekly Web cam sessions. Recently, Kegan chose to move in with Hammond, a decision she attributes to the emotional closeness the Web cams afforded them for four years. Virtual visitation is becoming a popular way to incorporate the potential of modern technology into the lives of parents and children separated by divorce and distance. ... More About: Webcam , Webcams , Week , Weekly 1, 2, 3, 4 |
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