Helpful Items to Bring to Your First Consultation

Hello all! Today I would like to provide some guidance as to what you should expect to bring to your first legal consultation with an attorney, including Marcie Baker. I hope to highlight each of the three practice areas that she specializes in and explain how you can be most prepared to have a successful consultation.

First off, what exactly is a legal consultation? According to Legal Match, legal consultation is, “an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter.” In addition, the consultation is used by the attorney so that they can determine if they are in the best position to represent you competently and to the best of their ability.

Something else important to note: during a free consultation, detailed legal advice is not provided. The consultation is meant to see if the person would like to work with the attorney and if the attorney would like to take on the case that the person is presenting to them. Any legal advice will come after the attorney has been hired by the person.

So, what should you bring to your first legal consultation? Well, this could vary depending on the type of case that you have. I will illustrate below some helpful items to bring when consulting with Marcie Baker on one of the three practice areas that she specializes in.

Work Comp.

Here are some helpful items to bring to your Work Comp. consultation:

- Any written reports of your injury or the accident that occurred

- Correspondence with your employer about the accident

- Contact information for your employer and the insurance company that is handling your injury claim

- Medical records

Bankruptcy

Here are some helpful items to bring to your Bankruptcy consultation:

- Bring a list of outstanding debts and assets

- A pay stub, to show what kind of income you are bringing in

- A list detailing your income and expenses, and, if you have a family, a list of the household income and expenses

Family Law

Since family law can be very intricate and several legal issues can arise, what you should bring varies depending on the type of case that you have. Since Marcie Baker works with divorce, paternity, parenting plans, and alimony, I will structure my helpful items around those topics.

Here are some helpful items to bring to your Family Law consultation:

- Any court documents that may have been filed by the other party

- Employment information

- A list of questions to ask the attorney regarding your case

- Proof that you have been a resident of Florida for at least 6 months

- If there are minor children; their dates of birth and Social Security numbers

-If this is a Post Divorce issue, the Final Divorce Decree and any Marital Settlement Agreement and Parenting Plans approved by the court

It is also completely acceptable to reach out to the attorneys’ office with whom you are consulting and ask what items to bring. This will help you be as prepared as possible to have the most effective initial consultation.

I hope that you all found this blog to be helpful. As I have stated in the past, Marcie Baker offers free consultations so please do not hesitate to contact our office if you or someone that you know has a legal issue that needs to be resolved.

***The thoughts, ideas, and facts presented in this blog in no way constitute legal advice of any form. Should you have any questions please consult Marcie Baker or your attorney.

Sources:

 https://www.legalmatch.com/law-library/article/get-the-most-out-of-a-legal-consultation.html https://www.natlbankruptcy.com/what-documents-do-i-need-to-bring-when-i-first-meet-with-my-attorney/ https://www.lawyers.com/legal-info/workers-compensation/preparing-to-meet-with-a-workers-comp-lawyer.html 

https://fldivorce.com/blog/what-to-expect-at-an-initial-legal-consultation/ https://www.legalmatch.com/law-library/article/how-to-prepare-for-a-consultation-with-your-family-lawyer.html

The Woman Behind the Firm

I often talk about Marcie, her work, and my experiences at the firm. However, today I wanted to give you all insight into who Marcie Baker is, and how she came to be the amazing attorney that she is today.

Marcie was born in South Bend, Indiana, but grew up traveling the world with her family while her father served his country in the Army. The family settled in Warrenton, Virginia, for a number of years, traveling when necessary, but always returning to Warrenton as their home base. After her father retired in 1979, the family relocated to the Tampa Bay Area. Marcie has made Florida her home ever since and moved to the Zephyrhills area in 2005, after starting a law office in Zephyrhills in 2003.

Marcie grew up understanding the value of a good work ethic and at age 14, worked in the Warrenton Public Library. As she entered high school, Marcie found employment in a nursing home, caring for the elderly and infirm. During her years in retail, Marcie’s creative side blossomed, allowing her to teach oil painting, floral design, and stained glass, all of which remain her hobbies today.

Marcie worked in retail for over ten years, during which time she developed an interest in law and returned to college to pursue a Legal Assistant Degree. She attended Central Florida Community College where she was a member of Phi Theta Kappa and obtained her Legal Assistant degree in 1990, graduating with Honors. While attending CFCC she decided to proceed with her education and went on to the University of Central Florida, where she obtained her Bachelor of Arts Degree in Public Administration. In May of 1994, Marcie started classes at Stetson University College of Law in Gulfport, Florida, graduating cum laude in December, 1996.

While at Stetson, Marcie was awarded multiple academic scholarships and was placed on the Honor Roll numerous times. She was a member of Ferguson-White American Inn of Court, and Phi Delta Phi, an international legal fraternity. Marcie participated in the Civil Government Clinic in the office of the City of St. Petersburg Attorney’s Office and served a Federal Judicial Internship with the then Chief Judge of the Middle District of Florida, Elizabeth Kovachevich. While attending Stetson, Marcie returned to her roots of caring for the elderly and served as an Ombudsman, appointed by the Governor to serve the needs of the elderly in nursing homes and assisted living facilities.

Admitted to the Florida Bar on May 1, 1997, Marcie worked in Lakeland for several years with Smith, Feddeler, Smith & Miles, P.A., a firm that specialized in workers’ compensation and social security claims. In April 1999, Marcie joined the Tampa firm of Newman, Levine & Metzler, P.A., where her practice concentrated on workers’ compensation claims. In December 2003, Marcie decided she was ready to settle in a smaller town, and became partners with Robert C. Alston, another Stetson alumni, and former co-worker, practicing law in Zephyrhills, Florida. Marcie served as the managing partner of the firm for the full 9 years of the partnership.

Marcie established The Law Office of Marcie L. Baker, Esq, P.A. in January 2013 as a solo practitioner. Marcie concentrates in areas of: Workers’ Compensation, Bankruptcy, Family Law Mediation, as well as specialized areas of Family Law such as: divorce, paternity, child support, and collaborative divorce.

Marcie is an active member of the Florida Bar; the United States Middle District of Florida; the United States Southern District of Florida; Tampa Bay Workers’ Compensation American Inns of Court; the East Pasco Florida Bar Association; Florida Association of Women Lawyers; Next Gen Divorce; and the International Academy of Collaborative Professionals (IACP). Her most recent accomplishment was becoming a member of the Board of Directors for East Pasco Meals on Wheels.

Marcie and her team work to support local youth through donations to Dade City Little League and Zephyrhills High School baseball. Additionally, the firm provides donations to the local chapter of the Eagles and Meals on Wheels.

I hope you all enjoyed learning a little more about the woman who keeps the office going and zealously represents her clients to find the best outcome for them. If you find yourself in need of Marcie Baker’s assistance, please do not hesitate to contact our office to schedule your free consultation!

 

What is a Work Comp. Claims Adjuster?

There are many components to a Work Comp. case, as well as many players involved. Attorneys, judges, employers, and employees. However, there is another important person involved in Work Comp. cases, and that is the claims adjuster.

So, what is a claims adjuster?

A claims adjuster investigates workers’ compensation claims to determine whether the claimant can legally receive compensation. They work with the injured worker, their employer, and the insurance company to protect everyone’s interests. However, the ultimate goal of a claims adjuster it to bring the file to closure as quickly and cheaply as possible, to protect the insurance company.

What are usually an adjuster’s job duties?

- Determining if your claim will be accepted or rejected

- Approving medical care, and various forms of treatment or surgeries

- Coordinating medical appointments with doctors

- Gathering information from the employer about what happened

- Discussing settlement options and deciding how much your case is worth

Adjusters will ask for a recorded statement after you report a claim/injury. The adjuster will ask permission to record the statement that you are about to give, and then will ask a series of questions about the claim that you are making. Generally, injured workers should speak to an attorney prior to allowing a recorded statement to be taken. Often, these statements are used to deny the claim at a later date. These recorded statements start the investigation into your claim and all prior medical history, prior accidents and prior injuries. If an injured worker fails to respond accurately, that may be a basis for a denial of the claim.

For example: How did the injury occur? Did you go see the doctor right away? Did anyone see what happened? What kind of medical care are you getting? What were you doing right before the injury?

Additionally, in order to know if the claims adjuster you are working with knows what they are doing, there are some signs to look for.

Signs of a good claims adjuster:

- Contacts the claimant and employer as soon as possible

- Communicates in a timely matter, adding a personal touch by making all parties feel as if their concerns are heard and understood

- They review all information carefully and make sure all relevant medical and financial documents are gathered to make the process as smooth as possible

I hope you have found this information useful. Please do not hesitate to contact our office to schedule your free consultation with Marcie Baker if you feel that you or someone that you know has a Workers’ Comp. claim.

***The information contained in this blog is meant to be informational only and in no way constitutes legal advice of any form. Should you have any questions regarding a Work Comp. claim of you or someone you know, please reach out to our office.

Sources: 

https://www.gilbertsrisksolutions.com/importance-claims-adjuster/#:~:text=Basically%2C%20a%20claims%20adjuster%20investigates,company%20to%20protect%20everyone's%20interests

https://www.krasnolaw.com/blog/workers-comp-claims-adjuster

Kittens for Adoption

 

Happy Thursday!

As you all know, we had kittens born on April 1st in our office. We can't believe how quickly time has flown, but they are officially old enough and ready for their forever homes. We have three kittens left for adoption. Below I will include a picture of each and a short description.

Hobbes. Hobbes is a male, who we think will be a long hair. He is a bit shy at first but very playful once he gets warmed up to you. He loves to cuddle with his siblings and will make a good lap cat!

Brownie. Brownie is our only female left for adoption. As you can tell, it's hard to get a good picture of her because she is always moving and exploring. She's also a talker with lots of energy. She loves to climb and enjoys cuddles as well.

Joker. Joker is a male who lives up to his name. Being born on April 1st was no accident. He's the clown of the litter who loves to play wrestle with his siblings and enjoys toys too. He can be a bit of a talker but would much rather spend his time getting into mischief.

If you or someone you know is interested in one of these adorable balls of fur, please do not hesitate to contact our office. They are just the cutest!

How the Entertainment Industry Distorts the Legal Process

I absolutely love crime/legal TV and movies. I grew up watching Criminal Minds, Suits, Law and Order SVU, and all kinds of law-related movies. While all entertaining and certainly ones that I could watch over and over, unfortunately, their depiction of the legal world is far from accurate.

Today I’d like to break down the inaccuracies of these movie/TV shows and hopefully shed some light on what you can actually expect if you should find yourself in the middle of a legal dispute.

Myth: Every Case is an Exciting Nail Biter

Reality = Let’s be honest. The crazed interviews, slamming hands on the table, running to the courthouse, and being dramatic in front of a jury are all for the camera. In reality, cases involve a lot of paperwork, and time, and to be completely truthful can occasionally be boring. But that’s the job. The day-to-day life of real lawyers is never accurately depicted on TV but is essential all the same.

Myth: Court Cases Move at Light Speed

Reality = Legal claims take time. There are depositions, consultations, mediation, and a number of other factors that can cause a case to take weeks, months, and, if especially complicated, years. Unlike the trial that takes 15 minutes on Law and Order, a real court case will likely take a great deal of time.

Myth: All lawyers spend most of their time in the courtroom

Reality = A lot of what a lawyer does involves sitting behind a desk, organizing paperwork, conversing with opposing counsel, or being involved in events outside of the courtroom. Unlike shows like Suits where every attorney in the office has their day in court, some lawyers actually never have to attend a trial in a courtroom and that is just fine, as not every case should go to trial.

Myth: There is always “surprise evidence” or “surprise witnesses”

Reality = All of those “surprises” you see on TV are not possible in the real world. Lawyers are bound by rules of Evidence and Ethics and hiding evidence from other lawyers or clients could lead to that lawyer being reprimanded and potentially disbarred. That “gotcha” moment is only meant for TV.

Myth: Lawyers will try to win by any means necessary

Reality = As stated above, lawyers are bound by rules of ethics. Not to mention, most lawyers will not try to win every case at the expense of truth/honesty. Deceit could lead to losing your license, humiliating yourself, and throwing away all of the hard work that got you to be a lawyer.

I hope you found today’s blog helpful. While I am sure you love legal dramas as much as I do, it is important to know that what the entertainment industry depicts is far from the reality you will experience if you have a legal issue. Should you have any further questions, feel free to call our office!

***This blog is meant to be informational only and nothing in this blog constitutes legal advice of any form. If you have further questions about the legal process, please do not hesitate to contact our office.

 Sources: 

https://www.paralegaledu.org/2017/10/5-ways-movies-and-tv-get-the-legal-process-wrong/?msclkid=80f957efd05d11ec8dd074e4c3dc4973 https://steadfastclash.com/the-latest/10-lies-about-the-legal-system-we-learned-from-movies-tv/?msclkid=4cc6ab4bd05f11ec88b21e81b2e28e3f 

https://www.looper.com/143427/false-things-tv-legal-dramas-made-you-believe/?msclkid=eb3ba8cad06211ec81d1a66fb5ee4b26

Legal Tips Everyone Should Know

Hi all! Happy Thursday! 

Time for another post about important tips and tricks everyone should know when it comes to the legal world. Check out the sources listed below if you are interested in learning even more!

1.) Never sign anything without also getting a copy

-Keeping documentation of things that you have signed, even if they seem insignificant can go a long way in making sure that any obligations you agreed to are met. This way, if someone is not holding up their end of the agreement or accusing you of not doing so, you have the evidence necessary to support your position.

2.) Get agreements in writing

-This may seem like a burden when you just think a discussion or handshake will do, but it will save you a huge headache in the long run. Having the agreement in writing is concrete evidence that something has been agreed to, and will go a long way in helping to support whatever your claim may be.

3.) Employers and employees are protected by the law

-Employers should work with attorneys to make sure they are complying with the rules and regulations necessary to avoid legal claims by their employees. And employees should know that they are protected from various actions by their employer and have the ability to seek an attorney if they feel that they need one.

4.) We are attorneys, not magicians

-Your attorney will do everything in their power to get the best possible outcome for your case. However, sometimes that is not how the court rules or how your case ends up. Know that your attorney is on your side, but they can’t wave a magic wand and give you everything you want. You have to trust they will do their best.

5.) Attorneys are not here to judge you

-In order to serve you best, you need to be completely open and honest with your attorney. Some things may be personal or embarrassing, but your attorney is there to help you, not to judge you based on your past actions or choices. Attorneys are here to represent you in the best way that they can.

6.) Don’t wait to consult with an attorney

-Not only do many attorneys offer free consultations, but they almost always know how to navigate the legal maze better than you. Consulting with an attorney will give you peace of mind that you are not wasting your time and can achieve the best outcome possible for your case or claim.

I hope you all found this helpful and informative. Marcie Baker is always ready to help you with your case. We look forward to hearing from you!

**This blog is informational and the thoughts and facts included do not constitute legal advice of any form. If you have a question regarding a case or claim that you may have, please reach out to our office to schedule your free consultation. 

Sources: https://www.mccartylarsen.com/10-legal-tips.html 

https://gisondolaw.com/five-things-attorneys-want-to-tell-their-clients/#:~:text=%20Here%20are%20five%20important%20things%20that%20attorneys,not%20magicians.%20Sometimes%2C%20even%20when%20an...%20More%20

Debunking Family Law Myths

In other blogs, I have written about myths that you may encounter in the practice areas that Marcie specializes in. Today, I wanted to focus on some common Family Law myths and debunk them for you so that you are not misled by what you see on the internet or have been told by family and friends.

1.) MYTH: Florida courts favor mothers

Reality: Florida courts decide cases like this based on the parent’s ability to support the child’s best interests. There is no preference for mother over father or father over mother. Ultimately, the child’s well-being is what controls the decision.

2.) MYTH: If a parent pays alimony they don’t have to pay child support

Reality: Alimony and child support are not the same thing. Alimony is for the spouse, whereas child support is for the children. To learn more about the differences, and what you could be required to pay, check out a previous blog post here.

3.) MYTH: Permanent alimony is guaranteed

Reality: Courts measure each spouse's needs against their ability to pay. While longer marriages allow for permanent alimony to be considered, the court could ultimately decide to award alimony in the form of durational or rehabilitative, rather than permanent.

               4.) MYTH: The parents decide the amount of child support Reality: Child support is determined based on Florida Statutes. See more at this link.

5.) MYTH: Declaring bankruptcy negates child support

Reality: Declaring bankruptcy in Florida, or anywhere else in the United States does not stop the parental obligation of child support

6.) MYTH: Children 13 or older may decide where they want to live

Reality: While the court does consider the child’s best interests and preferences, regardless of the age of the child it is up to the court to decide where the child will primarily live. Many factors play into this decision and children have to wait until they are 18 to have complete control over where they live.

7.) MYTH: A parent can choose not to receive child support

Reality: Courts do not allow a parent to waive this right. Children have the legal right to receive financial support from their parents and any agreement by the parents otherwise will not be upheld by the courts, absent an Order on a Motion for Deviation from the amount owed.

8.) MYTH: You don’t need an attorney for your divorce

Although having an attorney to proceed with a divorce is not a requirement, it is ALWAYS in your best interest to have someone who can navigate the maze of legal documents, child support, alimony, and division of property matters that you will encounter. An attorney can help you find the best resolution for both parties and get the matter resolved much more efficiently than if you attempted to do so yourself.

I hope debunking these myths has provided some clarity for whatever family law matters you may be dealing with. As always, please feel free to reach out to our office to schedule your free consultation with Marcie Baker.

***This blog is informational and in no way constitutes legal advice. Should you have any family law questions please do not hesitate to contact our office and we would be happy to assist you. 

Sources:

 https://www.traviswalkerlaw.com/family-law/myths-and-facts-of-child-support-in-florida/ https://www.orlandolegal.com/12-myths-about-florida-child-custody-and-support/ https://davidscottlaw.com/7-common-myths-about-family-law-and-divorce/