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.