Time to Say Goodbye

Happy Thursday, all! Enjoy this upcoming long weekend and the unofficial start to summer!

Sadly, all good things must come to an end, and today will be my last blog post on behalf of The Law Office of Marcie Baker.

On May 13th, I officially graduated from Stetson University College of Law and received my Juris Doctorate. It was a wonderful day celebrating 3 years of hard work and all the family, friends, and mentors who helped me reach that point.

I have now begun intensely studying for the Florida Bar Exam, which will be held for two days on July 25th and 26th. While I have an exhausting road ahead, I am looking forward to putting it all behind me and chasing my dream of being an attorney and helping to serve others.

This fall, I will begin working full-time as an Associate Attorney for a law firm in downtown Tampa. While I am excited for this next chapter in my legal career, I will truly miss my time as an employee of The Law Office of Marcie Baker.

Marcie and everyone at the office not only shaped me into the person that I am today and provided me skills and guidance to succeed, but also became close friends, confidants, and supporters. I will forever be grateful that they helped me survive two years of law school and were there to provide laughter, support, and an escape from days filled with textbooks and homework assignments.

I would also like to thank all of you. For reading, staying tuned to kitty updates, and supporting me as I tried my hand at handling all the social media for a law firm. It was daunting at first, but I truly loved the chance to play a behind-the-scenes role in promoting both the firm and legal knowledge.

Though my time on the blog is at an end, all my entries will continue to be available on the blog website itself, or on The Law Office of Marcie Baker’s website. Don’t forget to check the sources at the bottom of each entry for more information. And, as always, contact our office with questions or to set up a free consultation.

That’s all from me, for now. Feel free to follow my journey via LinkedIn, or if I return to post anything on behalf of Marcie. Until then, be kind to one another, ask for help when you need it, and pet cats whenever you can. It’s not truly goodbye, just see you later.

**The thoughts and information contained in this blog do not constitute legal advice of any form. If you need legal advice or would like to schedule a free consultation, please contact our office.

Interesting Facts About Lawyers

Happy Thursday, all! It’s hard to believe that May is already halfway over. This year is absolutely flying by. Today, I wanted to have a little fun and share some facts and statistics about lawyers that I think you will all find interesting. Enjoy!

As of 2023, how many lawyers are there in the world?

- According to World Population Review, the United States easily leads the world in the number of lawyers – with 1.26 million total! The top three states with lawyers in the US are New York, California, and Florida.

- The second, third, and fourth countries with the most lawyers are Italy (248,000), Germany (158,000), and Romania (24,000).

- The smallest country that we all often forget about, is Vatican City. Obviously, with a population of 518, you are not going to find many residents who are also lawyers!

How many family law lawyers are there in the United States?

- As of 2023, there are almost 72,000 people employed in the Family Law and Divorce industry.

- Surprisingly, since 2017, this industry has continued to show a slight decline in the number of lawyers who specialize or work in this area.

- Massachusetts, Washington, New York, and Alaska have the highest salaries for family lawyers, all over six figures!

- Sadly, Florida ranks 48th, not paying family law lawyers nearly enough in my opinion.

How many bankruptcy lawyers are there in the United States?

- The most recent statistic I could find was from 2020, and I have linked that source below. According to IBIS World, there are almost 25,000 lawyers employed in the bankruptcy industry.

- This number is unsurprising and here are the top 5 states with the highest bankruptcy rates: Alabama, Tennessee, Georgia, Mississippi, and Illinois.

- Florida is not on the top 10 list of states with the highest bankruptcy – which is probably a good thing!

How many Workers’ Comp. lawyers are there in the United States?

- As of 2023, there are almost 180,000 lawyers employed in the Personal Injury and Work Comp. industry.

- Specifically working in Work Comp. produces a smaller number, less than 500, but still on the rise.

- This overall number has steadily increased since 2004 and is projected to continue to do so through 2029.

Hope you all enjoyed these fun facts and statistics. Check out the sources linked below to learn more! And, as always, feel free to contact our office to set up a free consultation if you or someone you know is dealing with a legal case that you believe Marcie Baker can assist you on.

Sources:

 https://worldpopulationreview.com/country-rankings/lawyers-per-capita-by-country https://www.ibisworld.com/united-states/market-research-reports/bankruptcy-lawyers-attorneys-industry/ https://www.helloresolve.com/bankruptcy/u-s-states-with-the-highest-bankruptcy-rates/ https://www.ibisworld.com/industry-statistics/employment/personal-injury-lawyers-attorneys-united-states/#:~:text=There%20are%20179%2C508%20people%20employed,the%20US%20as%20of%202023. https://www.ibisworld.com/industry-statistics/employment/family-law-divorce-lawyers-attorneys-united-states/#:~:text=There%20are%2071%2C325%20people%20employed,the%20US%20as%20of%202023. https://www.ziprecruiter.com/Salaries/What-Is-the-Average-Family-LAW-Attorney-Salary-by-State

**The thoughts and information contained in this blog do not constitute legal advice of any form and should not be relied on. If you have any legal questions or concerns, please contact our office.

Healthy Ways to Deal with Stress

Hi all! Another week has flown by. I hope everyone is enjoying May so far and looking forward to summer! Today I want to address a topic that affects us all. Stress. Whether in your day-to-day life or due to a legal claim/issue, stress can turn our world upside down and make us feel like we have lost control.

Here are some tips and tricks to deal with and overcome stress:

1. Get moving! You don’t have to be a super athlete or sign up for a marathon, but a walk in the sun, swimming at the beach, or a bike ride around the neighborhood can help release built-up tension. Plus, fresh air is always a bonus!

2. Take one thing at a time. You may be bombarded from all sides with all kinds of stress, but in order for you to prioritize and not become completely overwhelmed you need to separate all of your stressors and attack them one at a time. That way, you can check them off your list and devote your full attention to successfully conquering the next hurdle that life throws your way.

3. Take breaks from the news and social media. In a world of instant gratification and one horrific news story after another, one of the best things that you can do for yourself is to step back, take a break, and refocus. The world will go on without you scrolling Twitter or Tik Tok for countless hours every day, and, you may just realize how unimportant social media can be when there are real-life situations that need addressing.

4. Talk to others. If therapy is your thing, then sign up with or talk to a therapist! If it’s not, talk to a friend, family member, or close confidante who will really take the time to listen to your concerns and help you work toward a solution. Ultimately, it is always better to get those feelings and emotions out instead of internalizing them.

5. Identify your stress signals. Figure out what makes your heart start to race or your fists to clench. Once you realize these triggers, you’ll be able to better prepare for them the next time around as well as learn how to calm yourself down before becoming so overwhelmed that you feel like you have lost control.

6. Create a list or journal. Sometimes we just need to do a brain dump. Whether that is making a to-do list so that accomplishing all that is stressing you out seems more manageable or, journaling your thoughts and feelings, putting words to paper will help calm you down and prioritize what needs to be done to alleviate stress in your day.

I hope that today’s blog offered some solutions and new ideas to tackle any stressful situation that life throws your way. Whether it be from a legal issue or life in general, know that you are not alone and that there are ways for you to deal with whatever stress may arise in your life. If

you need to discuss a legal claim that is causing you extra stress, please do not hesitate to contact our office to set up your free consultation.

**The thoughts and information contained in this blog are in no way legal advice of any form. Should you have questions or need to speak with an attorney, please contact our office.

Sources: 

https://psychcentral.com/stress/tips-to-change-the-way-you-deal-with-stress

 https://www.cdc.gov/violenceprevention/about/copingwith-stresstips.html 

https://hbr.org/2014/11/how-to-handle-stress-in-the-moment

Juggling Work-Life Balance and Bankruptcy

Hi all, Happy Thursday. I can’t believe it is May. And I officially graduate in less than two weeks!

Welcome to our second week of work-life balance posts. After divorce last week, I would like to focus this week on juggling work-life balance during and after a bankruptcy proceeding.

1.) Maintain a job. Whether you are at your pre-bankruptcy job or starting a new one, you need to maintain employment so that you can rebuild credit and show creditors that you are working towards a stable income. This does not mean running yourself into the ground working 3-4 jobs but do find something that works with the changes of your life and offers you a stream of income.

2.) Establish a budget that you can stick to. Doing this may mean you change your work schedule to maintain an income, but it also may mean that you change your lifestyle so that you do not feel overworked and overwhelmed. Perhaps you are working less as you deal with the bankruptcy so that means less eating out, shopping trips, etc. Or, you may require some added hours, provided that you can handle the workload. Each person is different, but it is best to find a way to work and handle your life changes without taking on more than you can handle.

3.) Avoid unnecessary post-bankruptcy debt. This is similar to the point above. But, doing so will allow you to not feel like you have to take on an extra job or several hours of overtime work. Again, this is about finding a balance in your life and doing things to make sure you are removing, not adding stress. Obviously, buy what you need and what works for you, just consider how much and how often.

4.) Don’t forget to practice self-care. Like my divorce post, I’ll say it again – this is important in all aspects of life, but especially during a bankruptcy proceeding. You could go on a run for work, take a walk on your lunch break, or take a short vacation to get a change of scenery and a renewed mindset. No matter what you do, you have to remember to put yourself first.

I hope you all found this second work-life balance post helpful. While this week highlights another juggling act, it is not one that is impossible to achieve. Remember, it is okay to ask for help, and don’t hesitate to contact our office whenever you have questions or concerns about bankruptcy or anything else related to your legal claim.

Sources: https://www.investopedia.com/articles/pf/07/after-bankruptcy.asp https://www.cnbc.com/2022/08/14/what-experts-say-to-do-before-during-and-after-filing-for-bankruptcy.html

***The thoughts, ideas, and information in this blog do not serve as legal advice of any form. Should you have any questions or legal concerns, please contact our office to set up a free consultation.

Juggling Work-Life Balance and a Divorce

Hi all, Happy Thursday. I am very excited today, because, as of yesterday afternoon, I am officially done with law school classes! Next stop, graduation!

This week I want to start a new two-part series: juggling work-life balance and dealing with a legal claim. This week, I want to address juggling work-life balance during and after a divorce proceeding.

1. Let your supervisor know what is going on. Divorces are stressful and very likely to impact many aspects of your life. You don’t have to share every intimate detail, but this way your supervisor will know if you need to take some time away or reduce your workload temporarily.

2. Use a work project as a distraction. Obviously, this will depend on your job and what’s best for you. But, getting involved in a project or assignment at work can help keep your mind off of the stressful life change you are going through and allow you to let your mind drift elsewhere for a bit.

3. Think about your work schedule post-divorce. Especially when children are involved and you are likely going to have a time-sharing agreement, you may want to consider shifting your work schedule (if possible) so that you are working more when the children are not with you and less when they are. It will depend on your job, but taking this into consideration can help maximize time with your children and alleviate some work stress.

4. Don’t forget to practice self-care. This is important in all aspects of life, especially when you are juggling a career and a divorce. You could go on a run before work, take a walk on your lunch break, or take a short vacation to get a change of scenery and a renewed mindset. No matter what you do, you have to remember to put yourself first.

I hope you all found this work-life balance post helpful. While it certainly is a juggling act, it is not one that is impossible to achieve. Remember, it is okay to ask for help, and don’t hesitate to contact our office whenever you have questions or concerns about a divorce or anything else related to your legal claim.

Sources: 

https://www.divorceingoodcompany.com/post/the-divorce-work-balancing-act-best-strategies-for-the-workplace 

https://www.rpslawfirm.com/blog/2021/03/tips-for-juggling-your-career-and-your-divorce/ 

https://www.ryanryanfamilylaw.com/blog/2022/06/how-do-you-balance-work-and-your-children-after-divorce/ 

https://www.themuse.com/advice/how-to-deal-with-divorce-at-work

***The thoughts, ideas, and information in this blog do not serve as legal advice of any form. Should you have any questions or legal concerns, please contact our office to set up a free consultation.

What Not to Do at Your Deposition

Hi all, Happy Thursday! Welcome to our second week of “What not to do.” This week I want to dive into the world of depositions for some quick tips on what you should not be doing at your deposition.

First, a refresher on what a deposition is. A deposition is, “a sworn, out-of-court testimony given by a witness in a civil lawsuit. At a deposition hearing, lawyers will direct a series of questions toward the witness. The witness will respond to each of the questions, and the responses will be transcribed into writing.”

So, what shouldn’t you do at a deposition?

Do not lie. As the definition above explains, you are under oath when giving a deposition. You must tell the truth. Depositions can be used in court proceedings and not only will lying harm your case, but it could also have other consequences for you. Be truthful, even if it may make you look bad.

Do not forget to ask for breaks. Depositions can take a long time and you are absolutely allowed to ask for a break. Whether you need to eat, use the restroom, or just go outside for fresh air, you are more than allowed to do so. This will help the deposition run smoothly and avoid extra stress on what is already likely a very long day.

Do not forget to review any necessary documents. If your attorney gives you documents to look at before a deposition, actually look at them. They would not just give you documents for no reason, and this way if you have any confusion about documents that may come up, you can ask your attorney to explain or clarify before the actual deposition starts.

Do not guess or speculate. You are not getting graded or being given points for every question that you answer. It is always best to say “I don’t know,” or, “I cannot answer that” instead of guessing on a response because you think that is what the attorney wants to hear. I don’t know will not get you in trouble, but lying most definitely will. Finally, remember that silence is okay! Once you answer the question, do not feel you need to explain to fill the silence.

I hope you all have found these tips on what not to do at your deposition helpful. It is okay to be confused and stressed during these times but remember you can always ask your attorney for advice or clarity and make sure to listen to what they have to say. They really do have your best interests at heart and want to see your case succeed. By avoiding the above tips, you are better helping yourself to have the most successful deposition you can.

Sources: 

https://valientemott.com/legal-terminology/what-is-deposition/ 

https://knutsoncasey.com/10-things-not-to-do-in-a-deposition/

*The thoughts and information in this blog do not constitute legal advice of any form. Please contact our office with any legal questions or concerns

What Not to Do at Your Mediation

Hi everyone! Happy April! Today I want to shift gears and provide some “what not to do’s” when it comes to parts of the legal process that you may be involved in with your case. Mediation is a key part of many legal cases, and I want to shed some light on what not to do at your mediation.

As a refresher, mediation is, “a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.”

So, what shouldn’t you do at a mediation?

Don’t be disrespectful. This should be common sense, but it still needs to be said. The point of mediation is an attempt to find some common ground between you and the other party. Even if you disagree about some things, you need to be civil and respectful. The mediator also deserves your respect. Acting rude or argumentative with them will only make them not want to work with you or cause the mediation to fail.

Don’t ignore the interests of the other side. This goes hand in hand with not being disrespectful. Mediation is an attempt at a compromise. If you are unwilling to listen to the other side, how can you expect them to listen to what you want? You may have strong feelings or disagree with what they are saying, but it is still beneficial to hear them out to see if any common ground can be found.

Don’t use your children as leverage. This really applies to divorce mediation, but it should go without saying that your children should NEVER be a bargaining chip to get what you want or to punish your spouse somehow. You need to have your children’s best interests at heart and using them to your advantage not only makes you look bad but will also lead to further conflict in what is already a stressful time.

Don’t come to mediation unprepared. The mediator will require you to bring documents about work, income, assets and liabilities, and information regarding your family/children. If you do not come adequately prepared, they will not be able to see the full picture of what is going on in your case, and trying to start negotiations to find a compromise without this full picture will be difficult and likely end up not solving the issues mediation was meant for.

I hope you all have found these tips on what not to do at your mediation helpful. Remember you can always ask your attorney for advice or clarity and make sure to listen to what they have to say. Mediation will go much smoother if you remember these tips and be cooperative with your attorney. They really do have your best interests at heart and want to see your case succeed. By avoiding the above tips, you are better at helping yourself to have the most successful mediation that you can.

Sources: 

https://www.jamsadr.com/mediation-defined/ https://www.btmediation.com/mediation-tips-for-clients/ https://sfsattorneys.com/what-not-to-do-divorce-mediation/

*The thoughts and information in this blog do not constitute legal advice of any form. Please contact our office with any legal questions or concerns.

Work Comp. in the News

Happy Thursday, everyone! I honestly cannot believe that April is already next week. But, I am so happy that spring is finally here!

Today, I wanted to share some current updates about workers’ compensation in the news. I often talk about the ins and outs of the practice areas that Marcie specializes in, and now I’d like to show you some real-life explanations and examples.

Earlier this month, two brothers in Jacksonville who work as roofers were charged with tax fraud and failing to pay premiums to work comp. insurers. The brothers controlled 3 companies and “failed to provide adequate workers’ compensation insurance coverage.”

If you remember one of my earlier blog posts, I talked about why it is important that employers and small businesses always carry and maintain a form of work comp. insurance. Check out the work comp. tab on the upper right side of our blog if you need a refresher!

At the beginning of last month, the National Council on Compensation Insurance met and they now are, “requiring Florida workers’ compensation insurers to verify employees before arbitrarily charging premiums for subcontractors’ exempt officers.”

As I have also written about previously, “Florida’s workers’ compensation law allows most companies with three or fewer employees to opt out of insurance requirements. But the law also mandates that in the construction industry, if there is one employee you must have work. comp. coverage. Additionally, in construction, a contractor is responsible for insurance on non-exempt employees of uninsured subcontractors. Subcontractors are not required to provide evidence of workers’ comp coverage if they have no employees and provide a certificate showing that the subcontractor’s officers have elected to be exempt from the coverage requirements.”

The new rule put in place by the Council clarifies that “carriers should not charge an additional premium on the contractor’s policy unless they have filed notice with the Florida Division of Workers’ Compensation that a subcontractor has hired nonexempt employees and has failed to provide evidence of workers’ comp insurance.” This will help avoid unnecessary increases in premiums and ensure that everyone has the proper coverage.

Finally, in January of this year, 7 individuals in Manatee County were arrested for “Failure to Obtain Workers' Compensation Coverage and Unlicensed contracting.” The Sherriff’s office said that the sting was to identify and hold accountable unlicensed contractors who worked without the required contractor license and were engaging in construction class work without the required workers’ compensation insurance exemptions. I have attached the news story link below so you can read the full press release.

Hopefully, this was helpful to see how the rules and concepts of workers’ comp. law can be applied in real life and what it means for you as an employer or an employee. As always, contact our office with any questions or to set up your free consultation with Marcie Baker!

Sources: 

https://www.jacksonville.com/story/news/courts/2023/03/05/feds-charge-jacksonville-brothers-roofers-with-2-8m-payroll-tax-scam/69942792007/ https://www.insurancejournal.com/news/southeast/2023/02/01/705477.htm https://www.mysuncoast.com/2023/01/27/manatee-county-sheriffs-office-makes-arrest-contractorworkers-compensation-fraud-sting/

**The thoughts and information contained in this blog are not legal advice of any form. Please contact our office or an attorney with any legal problems or questions.

So, What is the Bar Exam?

 

Hi all! As many of you know, I am wrapping up my final year of law school at Stetson University College of Law. My time has flown by, but I would also be lying if I said I did not have a countdown to graduation. This week also marks exactly four months until I sit for the dreaded Bar Exam.

So, what is the Bar Exam?

According to the American Bar Association, the exam, “The most common testing configuration consists of a two-day bar examination, one day of which is devoted to the Multistate Bar Examination (MBE), a standardized 200-item test covering six areas (Constitutional Law, Contracts, Criminal Law, Evidence, Real Property, and Torts). The second day of testing is typically comprised of locally crafted essays from a broader range of subject matters.”

For most jurisdictions, the bar exam is a 2-day exam that is held on the last Tuesday & Wednesday every February and July. I will be sitting for the July Bar Exam in Florida. In the future, I may choose to take the exam for another state so that I can be licensed to practice there as well.

While this is true for many states, Florida is a bit different. According to the Florida Board of Bar Examiners, “The General Bar Examination consists of two parts: Part A and Part B. Part A consists of three hours spent answering essay questions and three hours of 100 multiple-choice questions. Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration are some of the Florida-specific topics that are tested.

I have already passed the first hurdle to becoming a licensed attorney. Last August, I took the required Multistate Professional Responsibility Exam which covers the ethical practices of attorneys and those involved in the legal profession. The Florida Bar requires a score of 80 to pass, and happily for me I scored 113.

One scary aspect for Florida test takers like me, Florida notoriously has one of the hardest Bar Exams in the nation. While I have confidence I can study hard and succeed, it is still very intimidating and right around the corner. I will need to begin my intensive, full-time study plan immediately after graduating in May.

Thankfully, I do not have to travel far to take the actual exam in February. The state of Florida has decided that all Florida Bar Exam takers must take the exam in Tampa, at the convention center. While students from Miami, Jacksonville, and other places throughout the state will have a lengthy journey that requires multiple nights in a hotel in an unfamiliar city, I will have home field advantage and a boyfriend who will drive me to the exam so I can have the luxury of sleeping in my own bed before one of the hardest exams of my life.

I appreciate all the good thoughts, well-wishes, and encouragement as I take this last step to becoming a licensed attorney. I am nervous, but also very excited to see what lies ahead!

Hopefully, this helped you all to understand just what it takes to be an attorney. It’s a lot more than you see on TV shows, and definitely not as easy as some make it out to be. But, I am excited to take on this next challenging chapter of my life and cannot wait to officially be sworn in as an attorney. I could not have done this journey without amazing attorneys like Marcie Baker supporting and encouraging me every step of the way!

Sources: 

https://www.americanbar.org/groups/legal_education/resources/bar-admissions/bar-exams/ https://worldpopulationreview.com/state-rankings/hardest-bar-exams-by-state

**The thoughts and information in this blog do not constitute legal advice of any form. Contact our office with any legal concerns or questions.

What Does it Take to Become a Mediator?

Happy Thursday, all! And happy early St. Patrick’s Day! Don’t forget to wear green so you don’t get pinched! Today I wanted to dive deeper into what it takes to be a Certified Mediator. As you know, Marcie Baker is certified by The Florida Supreme Court as a Family Law Mediator, and although we have talked about the benefits and what to expect at mediation, I want to explain why the person you are working with is qualified to be a mediator.

There is an educational requirement. The State of Florida generally requires individuals to have obtained a Bachelor’s Degree, or M.A., M.S., Ph.D., J.D., M.D., Ed.D., or LL.M. or a similar form of an advanced degree in order to be certified as a mediator. According to the Florida Supreme Court, “individuals with a bachelor’s degree may be eligible if they have completed a graduate level conflict resolution certificate program or already have extensive mediation experience.”

There is another requirement that goes beyond just obtaining certification. The Mentorship requirement means that a person who wants to be a mediator must either observe or co-mediate a certain number of cases related to the area they are hoping to be certified in. (Such as family law or workers’ comp.). The mediator who the person is observing must already be certified by the Florida Supreme Court.

A very important requirement and one that you should expect from all of your mediators is that they exhibit good moral character. This means they have to be trustworthy and ethical and have a record of engaging in such practices while maintaining their neutrality in the mediation process. Florida has a special screening process to make sure there are not any moral character issues. If the Florida Supreme Court finds such issues, an applicant may be barred from being a mediator.

See here for a breakdown of the specific requirements set out by the Florida Supreme Court.

I hope today’s post helped you better understand the role a mediator plays in your legal dispute and how they are qualified to do their jobs. Rest easy that they know what they are doing, have obtained the required certification, and will do their best to serve your needs as a neutral party during your legal dispute. As always, if you have any further questions or concerns about mediation, do not hesitate to contact our office!

Sources: 

https://www.myfloridamediator.com/how-to-become-a-certified-mediator.html

***The thoughts and information in this blog in no way constitute legal advice of any form. If you have any questions or legal concerns please contact our office.

What Do Other Attorneys Have to Say?

Happy Thursday, y’all! I hope that everyone’s March is off to a great start. Spring is right around the corner. Today I wanted to share some words of wisdom from some of the most well-known attorneys. They may be lawyers, but they have some pretty good advice too!

- “Do the best you can in every task, no matter how unimportant it may seem at the time.” -Sandra Day O’Connor

- “Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.” -Thurgood Marshall

- “Whatever you choose to do, leave tracks. That means don’t do it just for yourself. You will want to leave the world a little better for your having lived.” -Ruth Bader Ginsberg

- "Just remember: strength and courage. If you stand on principle, you'll never lose." -Janet Reno

- “Always bear in mind that your own resolution to succeed is more important than any other.” -Abraham Lincoln

- “Failure to accord credit to anyone for what he may have done is a great weakness in any man.” -William Howard Taft

- “The quest for freedom, dignity and the rights of man will never end.” -William Brennan Jr.

- “My view is that we cannot be ruled by fear. When we do that, we are not making ourselves see. We are not thinking things through. We are not looking at what works.” -Loretta Lynch

Hope you all enjoyed these quotable quotes from famous attorneys. It’s always good to keep things in perspective or learn new ways to address life’s challenges. As always, please do not hesitate to contact our office with any questions or concerns!

**The thoughts and information contained in this blog do not constitute legal advice of any form. If you have any questions, please contact our office to let us know how we can assist you.

Mediation Myths: Debunked!

Happy Thursday, and Happy March everyone! Spring is right around the corner, and I am excited about some more sunshine and to see all of the flowers bloom. I think it’s time for another blog about debunking some myths related to legal claims. Today, let’s look into mediation!

Myth One: Going to mediation instead of litigation means your case is weak.

Reality: Mediation is not chosen based on how strong your case is. It is an alternative to going to the courtroom, that allows parties to facilitate discussion. It does not matter how strong or weak your case is, what matters is the best way to resolve your case.

Myth Two: You can only use mediation when you are going through a divorce.

Reality: Actually, mediation can be used in all kinds of areas of law! Again, it is meant to facilitate discussion, whether it be between husband and wife, employee and employer, or even something like landlords and tenants. Mediation is a great tool that can be used in much more than family law issues.

Myth Three: Mediation is a waste of time

Reality: Mediation is not just a time killer and even if you feel like it is impossible to agree, this process is meant to help provide clarity for your case. You may realize there are areas you and the other party are willing to compromise on, and mediation can help identify what the key problems of your case are. It can take time, but it can also help provide clarity during a highly confusing and emotional time.

Myth Four: Going to mediation means that you have to solve every problem of your case at mediation.

Reality: Yes, mediation is meant to save money and avoid litigation, but we do not live in a perfect world. Sometimes, there are issues that cannot be agreed upon and will require the intervention of a court/judge. Mediation, however, can help resolve at least some of your issues. You should not feel like a failure if you cannot resolve all of your issues.

Myth Five: You don’t need an attorney for mediation.

Reality: Yes, mediation is an avenue to save money. But, because parts of the mediation process can be emotional and confusing it is important to have an attorney who can help ease any fears or confusion. Not to mention, attorneys know what is expected from mediation and can make sure that you are making decisions/agreements that are most beneficial to you.

Hopefully, this helps ease some fears and concerns about mediation. As I have said before, the internet can be a wonderful place, but it can also mislead you and raise fears when it comes to dealing with legal issues. If you still have any questions or concerns, contact us and we would be happy to help!

Sources: 

https://greenmistrettalaw.com/common-mediation-myths-debunked/ https://andalmanflynn.com/blogs/articles/debunking-the-myths-about-divorce-mediation/ https://www.yorku.ca/osgoode/jib/2021/01/18/debunking-myths-about-mediation/

***The thoughts and information in this blog in no way constitute legal advice of any form. If you have any questions or concerns about mediation, please do not hesitate to contact our office!

Putting Children First in a Divorce

Hi all, happy Thursday! Hard to believe March is right around the corner and soon it will be spring! Today I want to talk more in the area of family law. Divorce and separation can be incredibly stressful and emotional times, but people often forget that this stressful time has impacts on their children too. Today I want to share tips and ways to put your children first during a divorce, so that this emotional time is as smooth as possible for them.

1.) Don’t Talk Disrespectfully About Your Spouse in Front of Your Children. Divorce can be very messy. Sometimes the spouses no longer want to be in the same room as one another. But, even if this is the case, your children still have TWO parents who they love and care about very deeply. It is unfair to make them pick sides or talk badly about your spouse in front of them. It will only make a confusing situation worse and the child feel like they are in the middle, or worse, responsible for what is going on.

2.) Consider Collaborative Divorce or Mediation. As I have discussed in previous blogs, mediation, and collaborative divorce offer an out-of-the-courtroom option. If you and your spouse are agreeable to this method, it can help save time and money and be a less contentious situation for your children. It can also facilitate a discussion about what is best for the children and how to meet their needs during this time.

3.) Plan for the Children’s Future. Parenting plans, allocation of education money, and involvement in the children’s lives are all things both spouses can and should consider. Even though their lives will feel far from normal after a divorce, it is important to try and keep some of those things in place so that their world does not feel as if it has been turned upside-down and they know they can rely on the love and support from BOTH of their parents.

4.) Be Honest with Them. It is important for children to understand what is going on and the changes that are about to occur in their lives. Let them ask questions, express their sadness, anger, etc. and let them know that none of this is their fault and they are still just as important and loved by you and your spouse. Being honest before, during, and after a divorce process will help the children cope and adjust to these life changes.

5.) Don’t Treat your Children like Friends. Just because you have been open and honest with your children about the situation does not mean you can use them as a personal therapist or as you would one of your adult friends. It is okay to share emotions and confusion, but you should always be the one being their support system. Children should never have to feel like they must serve as some sort of confidant shoulder to cry on during their parents’ divorce.

Hopefully today’s blog helped you better understand how to make a divorce as smooth as possible for both you and your children. It is completely normal for everyone to not feel themselves and extra confused and emotional during this time, but it is also important to

remember to take care of yourselves and your family so that you can all get through this together. You can always reach out to our office with any questions or concerns.

**The thoughts and information contained in this blog are meant to be informational and do not serve as legal advice of any type. If you have questions about your divorce or legal case, please do not hesitate to contact our office.

Sources: 

https://www.vaccalaw.com/7-tips-for-putting-children-first-in-a-divorce/ https://www.romanshum.com/blog/4-ways-to-put-your-kids-first-during-a-divorce/

How Using an Attorney Can Save You Money

Hi all! I know what you’re thinking reading the title of this blog, “I can actually save money?” Well, today I want to tell you why it is always a good choice to hire an attorney, both for your case and even for your bank account.

Let’s face it. The legal world is very complicated and confusing. More and more we are seeing ads for “do it yourself” legal documents, contracts, etc. But, in reality, what is marketed as a simple, easy way to avoid hiring an attorney can actually cost you more time and money. An attorney knows how and when to file your important documents and they know the requirements of the law. It is always in your best interest to hire an attorney to make sure that your case is the least complicated it can be.

Start with the right attorney. I have written about how many attorneys have a free initial consultation and it is totally okay to visit more than one attorney before choosing one to handle your case! Finding the fit that is best for you will help you feel more comfortable and ready to address your legal issues instead of spending time and money on an attorney who may not care about your case or drag the process out costing you even more.

Attorneys can help establish communication that helps you achieve the goals of your case. At consultation they are doing their best to learn about your claim and if taking you on as a client would be the right fit. This is why it is so important to attend your consultation with important documents, the facts about your case, and being honest about your goals. This will help make the process smooth for both parties and help your attorney to understand your financial and personal situation so that they can best serve you.

Attorneys are often very happy and willing to discuss their fees. Hey, we do like to get paid! But, the point of this is that using an attorney gives you access to someone who has insight into your financial situation and can set up a plan that works best for you, saves you money, and helps you resolve your case with as little stress as possible.

Attorneys can help guide you toward solving issues outside of the courtroom. As I have written about previously, mediation can be a cost-saving and effective way to address your case. Working with an attorney allows you to explore these options and save the time and effort of going through the entire litigation process with lots of costs and no resolution.

Hopefully, you can all look differently at hiring an attorney now that I have explained the benefits of doing so. Lawyers get a bad rap for how expensive they can be and for the fees that they charge, but as I explained above, using one can actually save you money in the long run. Keep this in mind and give us a call if your or someone you know has a case that you think would be a good fit for Marcie Baker!

Sources: 

https://www.cheshirefamilylaw.com/blog/2013/april/10-tips-on-how-to-save-money-on-attorneys-fees/

***The thoughts and information in this blog are not meant to serve as legal advice of any form. Should you have any questions about your case please do not hesitate to contact our office.

How Many Times Can I File for Bankruptcy?

Hi all! Welcome back to another blog about Bankruptcy! Today let’s demystify the question, “how many times can I file for bankruptcy?”

You can file as many times as you want! Yes, you read that right, there is no limit to how many times you can file, including Ch.7, which Marcie Baker specializes in.

However, there are a few important things to consider. Just because there is no limit to how many times you can file does not mean there are not some consequences.

First, filing more than once can prolong any damage to your credit. Chapter 7 bankruptcy can stay on your credit report for 10 years, so it is important to consider how many times you want to file and how long you want it included on your credit report.

Second, while I have said you may file as many times as you’d like, you need to be aware that there is a wait limit between each filing period. For Chapter 7 bankruptcy, the wait time between filing is 8 years. Please see our sources below for more information about wait times.

Finally, Forbes lists five steps to consider when you are considering completing a second bankruptcy filing. They are:

1. Consider all of your debt relief options before filing for bankruptcy again.

2. Figure out which type of bankruptcy to file the second time if no other options are available.

3. Research the consequences of a second bankruptcy, such as how it will affect your credit or whether you’ll lose any of your assets.

4. Determine the waiting period between the first bankruptcy you filed and the second bankruptcy you want to file.

5. Seek help from an attorney.

I hope today’s blog was helpful and gave you a better understanding of the bankruptcy system. We know it can be confusing, but we are always here to help! Contact our office with any questions or concerns!

Sources: 

https://www.forbes.com/advisor/debt-relief/how-often-can-you-file-for-bankruptcy/#:~:text=How%20Many%20Times%20Can%20You,many%20times%20you%20can%20file. 

https://www.findlaw.com/bankruptcy/after-bankruptcy/how-often-can-you-file-for-bankruptcy-.html

***The information contained in this blog is not legal advice of any form. Any bankruptcy questions or concerns can be directed to our office. See our website or contact information if you need to contact us!

Mediation Terms Everyone Should Know

Hi all! Can you believe it is already February? Hopefully, everyone’s year is off to a great start! Today I wanted to return to my segment of providing important legal terms that everyone should know. Today’s focus will be on important mediation terms.

As I have written previously, mediation can be a helpful alternative or an important part of your legal case. That is why it is important to know what you are getting into, and ask questions if you have any confusion.

- Caucus – A private and separate meeting between the mediator and each disputing party. Caucuses are most frequently employed when communication has completely broken down between two parties.

- Impasse – Parties within a mediation that are unwilling or unable to reach compromise.

- Opening Statement – Oral presentations which take place after the mediator’s opening address allow each party to present their case.

- Joint Sessions – Part of the mediation process where parties are brought together. The Opening Joint Session consists of an introduction by the mediator and each party presenting their case.

- Settlement Agreement – A brief document setting out the key terms of the negotiated agreement or resolution.

- Confidentiality – All parties, mediators, and observers taking part in mediation will agree up front that no information revealed in the mediation process will be shared or disclosed outside the mediation.

Hopefully, you all found this helpful. The link below provides even more information and definitions for your understanding. As always, contact our office for any questions or concerns!

Sources: https://expert-evidence.com/mediation-terminology-things-you-must-know/

***The facts and information contained in this blog are not legal advice of any form. If you have any questions about mediation or a legal issue, please contact our office.

The Lighter Side of the Legal Profession

Happy Thursday, all! Everyone likes a good lawyer joke, right? This week I want to lighten the mood with some funny jokes about the legal profession. Hope you enjoy!

1.) When an attorney gets married, they don’t say, “I do.” They say, “I accept the terms and conditions."

2.) What do you get when you cross a librarian with a lawyer? All the information you need, but you can’t understand a word of it.

3.) The golden retriever didn't make any money at his first law firm. He only worked on pro-bone-o cases.

4.) Abraham Lincoln never had to call for a lawyer because he was already “in a cent”.

5.) The lawyer had to move his cow because it got a mooing violation.

6.) My father was a lawyer for 25 years before he went to culinary school. Now, he's a sue chef.

7.) What did the lawyer name his daughter? "Sue!"

8.) What do you call a priest that becomes a lawyer? A father-in-law.

9.) The lawyer won the luggage lawsuit in less than 6 hours. It turned out to be a brief case.

10.) Arguing with a lawyer is like wrestling with a pig in mud — sooner or later, you realize they like it.

Hopefully, this brought a smile to your face. Every now and again I like to write about some lighter topics to remind everyone that it is always good to smile even when the world around us is telling us to be negative in so many ways. And don’t forget, the Law Office of Marcie Baker is always here to help!

Sources: 

Special thanks to Bored Panda for all the above gems! 

https://www.boredpanda.com/lawyer-jokes/?utm_source=google&utm_medium=organic&utm_campaign=organic

Do’s and Don’ts of Your First Consultation

Hi all! Hard to believe that we are over halfway done with January already. Time flies! Today I wanted to offer some basic dos and don’ts when it comes to your first consultation with an attorney. These tips can help you succeed, find the right attorney, and get one step closer to resolving any case or claim that you may have.

Do ask the attorney about their experience in dealing with cases like yours. This will help you decide how confident you are in letting this attorney handle your case and find out more about what your case will be like.

Do read any agreement offered and make sure you understand what it is saying. It is okay to be confused, legal language and everything in the legal world can be incredibly difficult to understand. However, you need to make sure you are asking for clarification when you do not understand something so that you are not blindsided down the road. This will also help your overall relationship with your attorney.

Do make sure to bring important documents. If you have any past legal cases, medical documents, financial documents, etc. related to your case, then bring them to your initial consultation! This helps your attorney better understand your case and if it is something they can handle.

Don’t expect tons of free legal advice during your first consultation. Many attorneys, Marcie Baker included, offer a free initial consultation. This, however, does not mean you have unlimited time to get all of the free legal information you want. It will likely be a 30-minute discussion so the attorney can understand the facts of your case with small discussions regarding legal advice.

Don’t lie. This pretty much goes without saying, but, if you lie, your attorney will not be properly prepared to handle your case and withholding critical information could hurt your case down the road. It is best to always be honest, even if it is uncomfortable.

Don’t be on your phone, tablet, etc., and make sure it is on silent. Especially when the consultation is free, it is important that you show your potential attorney the same respect that you expect of them if/when they handle your case. Devote your full attention to the consultation so that the attorney knows that you are paying attention and ready to get to work.

Hopefully, you learned some helpful tricks from this blog. While this is not all that there is to know, it is a good starting point as you begin a relationship with any attorney. Feel free to contact our office to learn more!

Sources: 

https://manhattankansasattorney.com/legal-topics/2018/2/7/the-dos-and-donts-of-your-initial-consultation 

https://www.cmarlowlaw.com/post/the-do-s-and-don-ts-of-the-initial-consultation-important-considerations-in-selecting-an-attorney 

https://joanbundylaw.com/resources/preparing-for-first-meeting-with-lawyer/

***The information in this blog in no way constitutes legal advice of any form. Should you have questions regarding consultations with an attorney, please do not hesitate to contact our office.

What is a Ch. 7 Trustee?

Hi all! Since I have talked so much about Ch. 7 Bankruptcy, I wanted to shed some light on exactly what a trustee is, and their role in your claim. Hope you find this helpful!

What is the role of a trustee? According to the Department of Justice, “The chapter 7 trustee collects assets of the debtor that are not exempt under the Bankruptcy Code, liquidates the assets, and distributes the proceeds to creditors.” The United States Courts define the role as, “to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors.”

Chapter 7 trustees, while not government employees, are appointed by the United States Trustee and assigned to a panel. Once on the panel, they are usually assigned to Ch. 7 cases through a blind rotation process.

What else does the trustee do? After a bankruptcy petition is filed, usually 21-40 days after, the appointed trustee will then meet with the creditors to figure out how to distribute the liquidated assets. Also at this meeting, the trustee will usually ask questions of the debtor and creditors discussing the debtors’ financial affairs, debts, and property.

It is also the trustee’s role to inform a debtor of any and all potential consequences of seeking a discharge via bankruptcy. (ie. Effects on credit scores, filing other bankruptcy petitions, and risks and benefits involved.)

As you can see, a trustee plays an important role when you are dealing with Ch. 7 Bankruptcy. Should you have any more questions, confusion, or concerns, please do not hesitate to contact our office!

**This blog is informational only and in no way constitutes legal advice of any form. If you have any questions regarding Chapter 7 Bankruptcy, please contact our office.

Sources: 

https://www.justice.gov/ust/private-trustee-information#:~:text=The%20chapter%207%20trustee%20collects,distributes%20the%20proceeds%20to%20creditors. 

https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics

Quick Legal Tips

Happy January! Let’s kick off this year with some quick and helpful legal tips.

1.) Never sign anything without getting a copy or taking a picture. This helps with keeping your records in order and having proof if at any point in your case there is a dispute about agreements you made or paperwork that you signed.

2.) Consult experts to help navigate uncertain times. The internet loves to tell us we can do things on our own, but consulting with legal professionals can help you save time, and money, and avoid extra stress!

3.) Be careful on e-mail and social media. The internet is forever and what you say from behind a screen can and will be used against you. Think twice before sending nasty messages or information pertaining to a potential or ongoing legal case.

4.) Ask questions and be ready to compromise. Sometimes the only way to move forward is to understand the legal process you are going through and be willing to compromise with the other party. You may not get everything you thought you would, but it will help you have a better understanding and a quicker, cheaper, legal dispute.

5.) Clarify Expectations. When you have a legal issue, it is YOUR legal issue. Make sure at your first consultation with an attorney you let them know your goals, wants, and needs. This way your attorney can approach your case trying to find a solution that works best for you.

Hope these tips help you out with any legal hurdles you may encounter this year. As always, feel free to contact our office if you have any questions or concerns!

***The thoughts, information, and ideas contained in this blog are meant to be informational only and do not constitute legal advice of any form. Please contact our office with any questions.

Sources: 

https://www.mccartylarsen.com/10-legal-tips.html https://www.ralaw.com/storage/top%2012%20legal%20tips%20-%20jeremy%20young.pdf