Thursday, December 24, 2015

Happy Holidays from the Law Offices of Heath D Harte!

Happy Holidays to Our Readers!

The Law Offices of Heath D Harte would like to wish everyone a very Happy Holiday Season! We thank our readers for spending the year with us. In 2015, we published a variety of articles to help you understand legal issues and your rights. We laughed over the antics of stupid criminals. We gave you tips on how to handle issues. We talked about Family Law, Father's Rights, Connecticut Laws, and Real Estate Law.

Below, you will find a list of the articles we published in 2015.

This will be our last blog posting in 2015. We hope you will continue reading our articles in 2016. We look forward to helping you understand legal issues throughout 2016.

We wish you all a Happy Holiday Season and a Healthy Happy New Year! See you in 2016!

Thursday, December 17, 2015

Shopping for Real Estate During The Holidays

Believe it or not, Shopping for real estate during the Holidays can be a good thing. There is a lot you can learn about a neighborhood during the Holidays.

Many HOAs and condo associations have restrictions on what types of decorations can be hung. A simple drive through the community can let you see these restrictions for yourself. And if you like to live in a place that cannot be seen from space during the Holidays, you'll get a good feel for the intensity of lighting allowed. If the community you are interested in does not have a single light or lawn ornament, chances are the community restricts decorations in some way. You can also see whether your own holiday decorating traditions would be appropriate for the neighborhood you are considering.

Holiday decorations usually reflect personal style. In condominiums and Homeowners' Associations, they can reflect the community's style. Again, a simple Holiday drive through can help you feel out if the community's style is a good match for your own. If the displays on common areas are “tacky” in your opinion, you may find that the community is not a good match for your personal style. Conversely, if you love the feel of the community during the Holidays, you'll probably love the feeling the rest of the year too.

You can also gauge neighborhood safety during the holidays. Are the decorations locked to the surrounding environment? Are there packages sitting on doorsteps, and are those same packages still there when you circle a second time? Or are there obvious “decoy packages,” left to deter theft of the real ones? The presence or absence of these things can tell you a lot about how secure these types of items will be throughout the year.

Finally, you can learn a lot about the social aspects of a community during the holidays. If you are looking for a more social community, be sure to check community bulletin boards and the Club House, if the community has one. There you will find information about the scope and type of activities planned throughout the Holidays. (You may also find reminders about what is and is not allowed.) If the social aspects of community are important to you, these will be much easier to assess if you visit a community during the Holidays.

If you are looking for property, either as a primary residence, a second home, or as an investment, make it a priority to tour the community during the Holiday season, if at all possible. You'll get a wealth of valuable information not available at any other time.

Here at the Law Offices of Heath D Harte, we wish you all a very Happy Holiday Season. And if you visit our offices, we hope you will enjoy our simple Holiday style. We have finished our observation of Hanukkah, and now, we are decking the halls for Christmas and Kwanza. We wish all of our clients and readers a very Happy Holiday Season and a Happy New Year.

Friday, December 4, 2015

Real Estate Attorneys

Do I Need a Lawyer When Buying or Selling a Home?

When it comes to buying, selling, and transferring properties, most people think of Realtors, rather than attorneys. However, failing to hire an attorney for your real estate dealings can be a huge mistake. There are good reasons to hire an attorney for real estate transactions.

What do Real Estate Attorneys DO?

1. Contracts and Negotiations

When a potential buyer makes an offer to purchase a property, what usually happens next is a contract. Many realtors have standard purchase contracts, and many sellers and buyers choose to use those boilerplate contracts, figuring they will save a couple of hundred dollars. Savvy buyers and sellers, however, have their own lawyers draw up the purchase agreement. Many times, an offer is made with several contingencies. As either the buyer or the seller, you need to ensure these contingencies are appropriate. You also need to negotiate the purchase price for the home. An attorney is a skilled negotiator with his client's best interests driving the deal. Conversely, a realtor just wants his/her commission with the least amount of work. Generally, as a buyer, you will recoup your attorney fees in price negotiations. As a seller, an attorney will help ensure you do not lose money by having potential buyers back out of a sale. Your attorney will negotiate the type of contingencies the offer is dependent on as well. If you are involved in any type of "bidding war," your attorney can help you determine when it is time to back away.

Even if you DO choose to use the Realtor's standard contract, an attorney can help you review and understand the contract BEFORE you sign it. Often, a lawyer will help you modify this standard contract to better benefit you.

2. Title Searches

Before a sale can commence, a buyer needs to be sure the seller actually has the right to sell the property. Buyers also need to ensure the property is free from liens, judgments, and other encumbrances. Title searches are performed by attorneys. Again, many realtors offer to handle the title search, but it won't necessarily cost any less. And should the title search find any liabilities, an attorney can negotiate to clear these. He can provide documentation to the loan companies (which require clear titles) that the title has been cleared. And he can negotiate the costs of obtaining clear title into the overall purchase price.

3. Property Research

Often times, a buyer has potential uses in mind for a purchased property. Your attorney can research the property to see if it is appropriate for your intended use. Can you subdivide a unit into a 2 family home? Can you establish a home office? Are there any zoning or licensing requirements? What type of renovations does the current building code allow? Were there any unpermitted renovations that may come back to haunt you in the future? A real estate attorney can research all of these issues for you BEFORE you enter into property negotiations.

Again, many people rely on their realtor for these types of questions. However, realtors are not always honest or accurate in their answers. A realtor is not bound by the same ethical code as an attorney, and there are few consequences for a realtor giving inaccurate zoning information to a prospective buyer. It is far better to ask your Real Estate Lawyer to research these types of things while he is reviewing the other documents.

4. Document Preparation and Property Transfers

A Real Estate Attorney can draft and/or review all documents associated with a sale or purchase. S/he can prepare "rent-to-own" agreements. Your lawyer can prepare all paperwork necessary to complete the sale, including deed transfers, purchase contracts, financial agreements, etc. An attorney can review all loan documents. These days, much investment property is owned by an LLC. Your attorney can help you form the LLC, as well as transfer properties to its ownership. An attorney can also prepare and review leases, security deposit restrictions, property management contracts, etc. for your investment properties. And, of course, s/he can help you with all of the paperwork associated with investment properties, including tax and licensing paperwork.

5. Filings and Document Recording

Almost all paperwork associated with real estate needs to be filed with the local courts. And of course, your attorney will ensure all paperwork is filed and recorded in a timely manner. An attorney is crucial in helping navigate the "who, what, where, and when" of property paperwork.

6. Litigation

Buyers and sellers always hope their property transactions go smoothly, but alas, this is not always the case. Often, issues crop us well after the closing date. Should this occur with your transaction, you will be glad you worked with an attorney throughout the process.

Often, issues crop up around "defects' discovered well after the sale. Sellers are legally bound to disclose "known defects," and Home Inspections are often performed to uncover defects not disclosed by the sellers. Despite these precautions, sellers can find themselves in court, with buyers claiming unknown defects were actually known. Many times, having had the same attorney handle the transaction from start to finish can prevent such issues from turning into litigation. And of course, the costs will be lower as your attorney is already familiar with the intricacies of the case.

What Can Happen if I Don't Hire an Attorney?

There is no law that says you HAVE to hire your own attorney. Many people decide to just work with a realtor, and in many states, a realtor cannot act as both the buyer's and the seller's agent. This is purportedly to eliminate a conflict of interest and to ensure the transaction is in the best interest of both parties. But the bottom line is most realtors are only interested in their bottom line. If you don't hire an attorney, you may experience one or more of the following issues.

You may not get the best price for your property. That applies whether you are the buyer or the seller.
You may not understand all of the contingencies that may make the deal fall through.
As a seller, you may fail to make disclosures; this could result in post-sale issues and even litigation.
As a buyer, you may not receive all the disclosures to which you are entitled.
The property may not be transferred correctly.
The sale may not be recorded correctly.
You may not be able to get licenses or permits to renovate and/or use the property the way you desire.
You may end up with unexpected financial obligations, including tax liabilities, repair costs, etc.
Your contracts and negotiations may not be in your best interests and may actually favor the other party.

Should I hire an Attorney for my Real Estate Deal?

Here at the Law Offices of Heath D Harte, we feel strongly that BOTH parties should retain counsel for all real estate transactions. Most times, your lawyer pays for itself in terms of saving time and money. It minimizes the stress associated with buying and selling property, and it ensures your interests are protected throughout the process and for years to come.

We encourage our own clients to engage us with every step in the process. We want to help you with making or accepting an offer, all the way through closing and recording the documents. For most of our clients, real estate is one of the largest purchases of their lives, and we want to help make it one of the most positive ones too. We want to help you with every step of the process to ensure no detail is overlooked.

Our advice is to never be "penny wise but pound foolish." and failing to work with an attorney can result in just that. In our opinion, the document and filing maze is justification for attorney involvement in and of itself. We have seen many buyers and sellers get taken advantage of, and we are expanding our real estate practice in part, to help stop that.

Having legal counsel through an arduous process like this just makes sense. We suggest you retain counsel to protect your interests and to ensure everything is handled according to state and local regulations.

So yes. The bottom line is you really SHOULD hire an attorney to help with any and all real estate transactions.

Thursday, October 15, 2015

What Is a "Free Consultation" with a Lawyer?

What happens in my Initial Consultation?

Any good attorney offers a free initial consultation. However, many people don't really understand what this first meeting is all about.

What is the Purpose of an Initial Consultation?

The purpose of an initial consultation is twofold. First, you are there to meet each other. You need to figure out if you and the attorney "click," and if you will feel comfortable working with that person. Does his style mesh with yours? Will you be able to meet at a geographically feasible location? Can your own schedule work with the attorney's hours?

Second, you need to let your attorney know why you are seeking legal help. What is your specific legal issue? Have you been served with papers? What exactly are you looking for your attorney to do for you? You need to be as specific as possible with both your needs and your expectations. Both you and the lawyer need to determine whether this will be a good match.

What Do I Need to do?

You need to come prepared. Bring any paperwork along with you. If you have been served with papers, you need to bring those along. If you are looking to initiate action against someone else, bring all of your notes, photos, and any other supporting information that might be helpful. The more information you can bring, the better the lawyer can determine if you will be a good match to his/her skills.

Also, bring along a notepad and pen. You should definitely be taking notes. Tell the attorney if you have interviewed other lawyers or if this is the first. If there are things you like or dislike in a lawyer, let him/her know. Try to be as brief and succinct as possible, as you only have limited time. This is your chance to ask about things like fee structures and retainers as well.

How Long Will my Consultation Take?

Typically, a free consultation lasts about 30 minutes and not more than an hour. Most attorneys will cut you off at the end of an hour, which is why it's important for you to be organized and succinct.

Here at the Law Offices of Heath D Harte, we do not limit the duration of your free consultation. We will not cut you off after an hour. Rather, our free consultation time is unlimited, and we give the client all the time that is appropriate to fully understand the client's circumstances and the options available to them.

Can I get Free Legal Advice During my Initial Consultation?

The point of the consultation is NOT to give free legal advice. In fact, at this point, legal advice is usually inappropriate. A lawyer should NOT give legal advice until he has reviewed the specifics of your individual case. No two cases are the same. The lawyer will discuss generalities, rather than specifics, during this initial consultation. Again, the point is not to give you legal advice, but rather, to determine whether the attorney is equipped to handle your case, and to begin to establish a relationship. If the attorney is not, he may refer you to another attorney who may be more suitable for your particular needs.

Does This Consultation Establish a "Legal Relationship?"

The consultation itself does NOT construe a "legal relationship." The point is to determine whether you would like to start one. Generally, the "legal relationship" begins when you decide to retain the attorney. This may happen at the end of the consultation, or it may happen at a later date.

So is What I Say Confidential?

Yes. Everything you say during this consultation is subject to attorney-client privilege. Thus, you need to be honest and straightforward with the attorney during this initial meeting.

Does This Meeting Obligate Me to Use That Attorney?

Not at all. Think of this consultation as a job interview. It is an opportunity to assess each other and decide if you want to establish a working relationship. But just like interviewing for a job does not obligate you to take that job, interviewing a lawyer does not obligate you to hire that lawyer.

Does This Consultation Obligate the Attorney to Take My Case?

No. Again, this is an opportunity to meet one another and to decide if you can work together. A good attorney will tell you if s/he does not think s/he is the right person for the job.

How Should I Act?

Treat the consultation as you would any other business meeting. Encourage a dialog. Ask questions, and be prepared to answer them. Do not expect office staff to babysit children. Children are usually best left at home, even if the case involves them in some way. Do not bring your lunch. Do prepare ahead of time. You only have a limited time; make the most of it.

Do ALL Attorneys Offer a Free Consultation?

Not all attorneys do. This is an important question to ask when you first reach out to the attorney. At The Law Offices of Heath D Harte, we DO offer free consultations. We realize the importance of a good attorney-client match. However, other attorneys may charge for your first meeting. Usually, if a Free Consultation is offered, it will be listed on the attorney's website.

Summary

In this article, we discussed the purpose of an initial consultation with a lawyer. We reviewed what you should expect, as well as your role in the process. If you are located in the Connecticut or New York area, and you would like to meet with us, please give us a call or fill out the contact form on our website.

Here at the Law Offices of Heath D Harte, we are committed to serving our clients. Thus, we believe in the importance of a free initial consultation. We want you to be comfortable working with us. We believe that lawyers should be affordable. We do not believe in "nickle and diming" our customers. We handle many cases on a contingency basis, meaning many legal actions can be taken with no out of pocket expenses for the client. And to us, a free consultation is a very important part of the process.

Thursday, October 1, 2015

Non-Adversarial Divorce in Connecticut

New Laws go Into Effect, October 1, 2015

Connecticut has approved two simplified procedures for non-adversarial divorces. Effective October 1, 2015, these processes can speed up the divorce process. They may also eliminate the need to appear in court.

What is Non-Adversarial Divorce?

When people think about divorce, a “War of the Roses” type situation often comes to mind. This is an “adversarial divorce.” An adversarial divorce is one in which the couple is arguing about how to divide property, custody, etc. Conversely, a non-adversarial divorce is one in which the two parties can compromise, reaching an agreement without an all out war. This does not mean there are no disagreements. Rather, it means the divorcing parties, or more often their attorneys, agree to negotiate their differences.

As of October 1, 2015, in Connecticut, it is also simplified process by which eligible parties can obtain a divorce within 35 days without having to appear before a judge, as long as you meet the criteria. An adversarial divorce will take a minimum of three months and involves appearing in court.

What are the Criteria for a Non-Adversarial Divorce?

First, you and your spouse must reach an agreement that is fair to both parties and reflects the best interests of the children, (if any.) Neither party may “contest” the divorce or “charge” the other with grounds, such as abandonment or adultery. You must meet residency requirements, and you must file a joint petition in the judicial district in which one of the parties resides. You also must attest the marriage has broken down “irretrievably.”

What are the New Processes?

The first process is a Non-Adversarial Divorce for those with Limited Assets. This process shortens the process to a mere 35 days, as long as you meet specific criteria. In addition, a judge may grant these divorces “on the papers,” which means you will not have to come to court. To qualify, you must first meet criteria for a non-adversarial divorce. In addition, you must meet the following conditions:

Have been married eight years or less;
Neither person is pregnant;
No children were born or adopted before or during the marriage;
Neither spouse has any interest or title in any real property;
The total value of all property they own is less than $35,000;
Neither spouse has a company sponsored pension plan;
Neither spouse has a pending bankruptcy;
Neither spouse is applying for or receiving Medicaid benefits;
No other action of dissolution of marriage is pending; and
There are no restraining or protective orders between the spouses.

What if I do not meet these criteria?

If you do NOT meet these criteria, the second new process may apply to you. This process allows your attorney to file a motion asking for a waiver of the requisite 90-day waiting period. To qualify, you must have reached an agreement as to all terms of your divorce. You must also meet the conditions described above. This still significantly decreases the time period a traditional divorce requires.

What are the Advantages of Non-Adversarial Divorce?

The advantages are many. First of all, a non-adversarial divorce is significantly cheaper than an adversarial one. You can save thousands of dollars by avoiding litigation. Next, a non-adversarial divorce is a lot less stressful. It allows you to retain more of a sense of control. It also takes a LOT less time than a traditional divorce. Fewer relationships are strained, and parties involved have a greater chance of remaining “friends” after the split. But perhaps most importantly, it allows you to move on with your life much more quickly.

How do I Initiate the Process?

We recommend you start the process as you would a traditional divorce: by consulting an attorney. During your initial consultation, stress that you are interested in a non-adversarial divorce. Question your attorney about his track record handling divorces, and ask how successful your attorney has been in keeping previous cases non-adversarial. Discuss any “problem areas” you anticipate, as well as areas in which you are willing to compromise.

Final Thoughts

Here at the Law Offices of Heath D Harte, we believe in non-adversarial divorces whenever possible. Even if you do not think you and your partner will be able to work things out, we still recommend you attempt the non-adversarial route. After all, that is why you are hiring a skilled attorney. We often take potentially-contentious situations and turn them into workable ones. We can negotiate compromises where in areas you did not think were possible. We believe in keeping the battles behind closed doors, whenever possible, and out of the courtroom. We celebrate the new Connecticut processes that make divorce quicker and less costly.

If your situation warrants, we highly recommend you attempt a non-adversarial divorce. (Of course, not all circumstances dictate this route, and if yours do not, we will recommend you take the alternate path.) To facilitate this, we often start negotiations before we file the paperwork. If we cannot take advantage of the new law, we will go back and negotiate a more traditional divorce. But we always recommend you take the non-adversarial route, if at all possible.

Friday, September 18, 2015

Ignition Interlock Devices Now Required for DUI Offenders in Connecticut

Ignition Interlock Devices Now Required for ALL DUI Offenders in Connecticut

As of July, 2015, the State of Connecticut is requiring Ignition Interlock Devices (IIDs) for ALL individuals convicted of Driving while Under the Influence (DUI, or DWI.) Previously, Ignition Interlock Devices were not mandated after a first offense.

With an Ignition Interlock Device, the driver must blow into the device before s/he can start the car. The device also requires random samples for the duration of time the car is operating. If the device registers a BAC (Blood alcohol content) of 0.25 or greater, the vehicle will not start.

Connecticut considers a BAC of 0.08 driving under the influence. This level dips to 0.04 for Commercial Drivers, and to 0.02 for drivers under 21 years of age. If you refuse to take the test, your license will be immediately suspended, and you will receive a fine. (Connecticut is an "implied consent" state. which means the fact you are behind the wheel means you have consented to be tested if an officer suspects you are under the influence.) In other words, the officer willl confiscate your license on the spot. If you hold a CDL (Commercial Drivers License) and you refuse, your CDL will be revoked. Connecticut also allows prosecution for DUI even if you have refused to take the tests. If you are convicted, you will still be required to install the Ignition Interlock Device once your suspension is lifted.

In Connecticut, both refusal to take the test and DUI convictions result in your license being suspended. After 3 DUI convictions, your license is permanently revoked.

In addition to paying for installation and maintenance of the IID, as well as a $100 fee. The $100 fee goes to DMV to cover the costs of administering the program. If you fail to comply with IID restrictions, you will be subject to additional fines and criminal charges. Asking another person to blow into your IID is a class 3 misdemeanor. Connecticut also may impose these restrictions on a driver licensed in Connecticut who gets a DUI in another State.

The device itself costs around $75-150 to install. Ongoing costs total about $3 per day. This averages out to about $100 per month for the duration of the restriction. Anyone who drives your vehicle (spouse, friend, child, etc.) will have to "blow clean" to start the car. Using an alcohol-based mouthwash or breath spray prior to trying to start the car can cause you to fail the test.

There is no way around these restrictions. If you get a DUI, either in Connecticut or in another State, and you hold a Connecticut Drivers License, you WILL need to install an Ignition Interlock Device. The best way to ensure you will NOT have to use an Ignition Interlock Device is not to drink and drive.

Friday, September 4, 2015

Child Support in Connecticut, Part 1

If you are a single parent, and your child lives with you, you are entitled to collect Child Support, In Connecticut, this applies both to divorced parents and to parents who were never married. It applies to heterosexual couples and same-sex couples. Both parents are legally obligated to support their children.

Child support is not automatic though. In order to receive support, you must apply for it. If you receive public assistance of any kind, you can get free help from The Department of Social Services to apply for support. If you do not receive public assistance, you can still apply through DSS, but the process will not be free. Applying through DSS is also a long process. Because of this, many people prefer to file for Child Support through the Superior Court.

Here at the Law Offices of Heath D Harte, we recommend you file through the courts, rather than through DSS. If you file through DSS, they will be responsible for enforcing the judgment. They have thousands of cases, and yours may not get priority. You will not have any choice regarding who will be assigned to your case. Because of this, the remainder of this article will focus on how to file for Child Support through the court, rather than through DSS. Later articles will discuss enforcement and modifications.

Am I Entitled to Collect Child Support?

You are entitled to collect support if you are the Custodial Parent, and if you obtain a Child Support Order through the Courts. Basically, if a child lives with you, you are entitled to collect Child Support. If the child does NOT live with you, most likely you are required to PAY Child Support, rather than collect it.

What if some of the children live with me, and some of the children live with the other parent?

This situation is a little trickier. The answer is “it depends.” Each parent's support obligations will be calculated on a separate worksheet. The lower obligation is subtracted from the higher obligation. The parent with the lower obligation will receive the difference in the sums.

What if we share custody?

If you share custody, the Court will look at how the child's expenses are paid. They will also look at the amount of time the child spends with each parent. If you pay the greater share of expenses, you are entitled to Child Support.

What if I receive Public Assistance?

The other parent is still required to pay, but you will not get the full amount ordered. You will get $50 per month, and the State will keep the rest. Once you are no longer receiving Public Assistance, you will be entitled to the full payment. What if the other parent lives in a different state? You are still entitled to collect Child Support. The Connecticut Courts have mechanisms in place to enforce interstate support agreements.

Is Child Support for Mothers only?

No, child support is for the custodial parent, be that parent the Father or the Mother. If you are the Father, and the child lives with you, the Mother is obligated to pay support. Likewise, if you are a same-sex couple with children and you separate, the non-custodial parent is obligated to pay support.

How Do I Apply for Child Support?

You must file with the Superior Court to apply for Child Support. Alternatively, you may file with DSS. We recommend the Court route.

Although you may represent yourself, we strongly recommend you hire an attorney to help you through the process. Your attorney help you gather the needed information and file with the Courts. S/he will help you with the required financial affidavits and Court Worksheets. Your lawyer can also help if there are later issues with collecting, or if you need to modify the order. If you are NOT the custodial parent, we also recommend you hire an attorney so that your obligations are fairly calculated.

How is Support calculated?

Connecticut follows an “Incomes Shares” model. This means they will look at the child's expenses as if they were living with both parents, and will then divide that cost according to each respective parent's income and assets.

Connecticut has regulations and standard worksheets they use to figure out the payment obligations. These are called “The Connecticut Child Support and Arrearage Guidelines.” They use the combined income of the mother and the father and the number of children to set the support amount. Because the worksheets are fairly complicated, we suggest you complete them with an attorney's help.

Does the State set the same amount per child in all cases?

No. There are many deviations to the standard calculations. If a parent pays for insurance for a child, that will be taken into account during calculations. If a child has special needs, generally larger payments are required. The number of other children a parent is supporting is also considered. If a child is receiving social security assistance, payments may be reduced. If one parent has significantly higher assets, they will pay a greater share. Likewise, if a parent has little net income, they may pay a lesser share. Again, an attorney can be really helpful in looking at how your circumstances effect the basic payment worksheets. Your lawyer can help you pay or receive a fair amount.

How long does the parent have to pay?

The parent will be ordered to pay support until the child is an adult. Generally, this is until the child turns 18 or graduates from High School, whichever is later. However, support generally goes to at least 23 for special needs children. With severely disabled children, lifetime support may be ordered.

In addition, a parent can request an educational support order. If granted, this will require support through post-secondary education. These require payment until the child has finished the educational program or turns 23, whichever comes first. Support can be ordered through a Bachelor's Degree, a training program, or an Associate's Degree, but will not be ordered through a Masters or equivalent. These orders are NOT automatic. We strongly suggest you use an attorney if you are hoping for an Educational Support Order.

Can't the Parents draw up an agreement without the Courts?

A Child Support Agreement is not enforceable without a Court Order. Respective attorneys can negotiate an order to present to the Courts to ease the process. But an agreement made between two parents is not enforceable. We do NOT recommend “Gentleman’s Agreements” when it comes to Child Support. It is best that all Child Support Agreements go through the Courts.

We're getting divorced; can we handle Child Support in the Divorce Decree?

If you are getting divorced, we highly recommend negotiating a support order while negotiating your divorce. Since a divorce must go through the Court eventually, the Child Support can be mandated during the divorce proceedings.

Do I have to establish paternity to get support?

Yes, you must establish paternity in order to get Child Support. However, a good lawyer can get the Court to order paternity testing as part of the child support filings.

Can I file for support for adopted children?

Yes, you are entitled to support for any child adopted by two parents. This means if a father legally adopts a child conceived outside the marriage, he will be required to support that child when the marriage is dissolved. If an adoptive father has custody of a child, he is entitled to support from the child's mother. Likewise, if a same sex couple has children, and they split up, the non-custodial parent must pay support.

What if I don't know where the Father (or Mother) is?

You will need to locate the Father before you can petition for support. This is also something your attorney can help you with. You should still petition for support, even if you cannot locate the Father (or Mother.) Both the Courts and your attorney can help try to locate him (or her.)

Can a support order be changed?

Yes, you can file for modification of a support order. The whys and hows of modifications will be addressed in a future article. (Subscribe to our blog, Twitter Feed, or Facebook Page to be notified when this article is published.)

Can the other parent just refuse to pay?

No, the other parent cannot refuse to pay. Child Support Enforcement will be discussed in a future article. But if the other parent doesn't pay, contact your attorney. S/he will help enforce the judgment.

I don't want the other parent to know where I live; can I still file for support?

Yes, you can obtain Child Support and still protect your privacy. In these cases, it is important to let your lawyer know your concerns. S/he can help shield your personal details throughout the process. S/he can also arrange for payments to be made in a way that will not reveal your details.

Can I file for back Child Support?

You can, but if it's awarded may depend on the other parent's ability to pay back support. It is always best to file as soon as possible after the baby is born, or after you split as a couple. In some cases, the Child Support process can begin before the baby is actually born, and it can include expenses related to the birth. These cases usually require establishing paternity.

Does This Apply to ALL US States?

No. Child Support laws still vary from state to state. Although many of the generalities apply, this information is specific to Connecticut.

Do I NEED to hire a Lawyer? Or can I represent myself?

The law does not require that you have an attorney. In the United States, we still have a right to represent ourselves. But just because we CAN, it doesn't mean we should. The worksheets are extremely complicated. Connecticut judges often take individual circumstances into account when determining payments. A good attorney will help you uncover the other parent's true assets and ensure an accurate financial profile is presented to the Court. A lawyer will help you get higher payments. A lawyer will help get payment procedures mandated in the original agreement to help minimize future trips to Court. A good lawyer will negotiate payment plans based on support payouts, and may even be able to recoup your attorney fees. You will have far fewer headaches in the long run if you work with an attorney.

Summary:

In this article, we reviewed filing for Child Support. We discussed who is entitled to receive support and how to get the support process started. In Connecticut, a parent is required to pay support, regardless of marital status. The next article in this series will discuss modifications and enforcement.

Here at the Law Offices of Heath D Harte, we strongly believe in a parent's obligation to support his or her child. We believe a custodial parent should receive full financial support from the other parent, regardless of that parent's sex. We work hard to uncover the full extent of the other parent's assets so that the child gets the financial support he or she deserves.

If you are now a single parent or you are about to become one, we'd love to help you get the Child Support your child deserves. Contact us today, and we'll get the process started. We can help you receive Child Support in Connecticut or New York. We are adept with interstate and intrastate support cases.

Friday, August 21, 2015

Silly Connecticut Laws

Connecticut's Strange Laws

Every State has a few archaic laws, and Connecticut is no exception. Silly laws exist, both on a State level and in individual towns. Here are a few of Connecticut's stranger laws.

State Laws:

It's illegal to throw away used razor blades.
It is illegal to bike over 65 mph.
Town records cannot be kept where liquor is sold.
It's illegal to buy alcohol after 8 pm or on Sundays.
(Amended so that you now can buy liquor on Sundays between the hours of 10 am and 5 pm.)
You may not use a White Cane unless you are legally Blind.
It's illegal to hunt or discharge a firearm from a Public Highway.
It's illegal for a pickle not to bounce.

City Laws

It's illegal to cross a street while walking on your hands (Hartford.)
It's illegal to walk backwards after Sunset (Devon.)
A Fire Truck may not exceed 25 mph, even when going to a fire (Guildford.)
Silly String is banned (Southington.)
Only white Christmas lights are allowed (Guildford.)
It's illegal for a barber or beautician to sing, whistle, or hum while working on a customer (Waterbury.)
A man cannot kiss his wife on Sunday (Hartford.)
It's illegal to educate dogs (Hartford.)
An arcade cannot have more than 4 amusement devices and must be licensed (Rocky Hill.)

Here at the Law Offices of Heath D Harte, we believe in a strong defense, especially when it comes to silly laws like these. If you are arrested for violating any of these laws, we will help you get your case thrown out.

Thursday, August 13, 2015

Preparing Your Appearance For Court

Playing To Win In Court In New York And Connecticut

If you must appear to face criminal or motor vehicle charges in Superior Court or Juvenile Court in New York or Connecticut, the outcome of those court proceedings is very important to you. Your freedom and your future may be at stake. If convicted, you may face fines, jail time, revocation or suspension of your right to operate a motor vehicle, and a criminal or motor vehicle record. A criminal record will make it more difficult for you to be admitted to college, get a student loan, rent an apartment, find a job or enter the military. A serious motor vehicle record may result in the revocation or suspension of your right to operate a motor vehicle and increased motor vehicle insurance rates. Your appearance in court is serious business and you need to appear serious in court if you want to improve your chances for a favorable result.

You Only Have One Chance To Make A Good First Impression

The prosecutor, judge and jury, if you are at trial, will get their first impressions of you based on how you look; that is, how they see you dress and how they see you behave. A favorable first impression is invaluable. It influences how the prosecutor, the judge or the jury will like you, whether they will believe you and whether they will want to help you. You will be much better served if they like you, want to believe you and want to help you from the first time they see you. It will be much harder to get what you want if they don't like you and don't want to help you because you made a bad first impression. So, when you get ready for court in the morning:

Wash up and pay attention to your personal hygiene and clothing.
Wear nice, clean, presentable and conservative clothes.

For men this means a clean shirt with a collar (preferably light blue in color), clean pants without holes (jeans are OK but khakis without cargo pockets are better; pants should be worn at the waist, not below the hips) and clean shoes (sneakers are OK but dress shoes are better). Men don't need to wear ties, sport jackets or suits. For women this means a conservatively modest dress or blouse and skirt or pants (jeans are OK but slacks are better), clean shoes or sandals. Spending a few dollars to improve your wardrobe for court, even at a thrift store, may prove to be a very worthwhile investment in your future, so please consider it seriously.

No clothing that reveals your midriff or your undergarments.
No bling showing! You can wear modest jewelry.
No heavy perfume, cologne or make-up.
No tattoos showing! If you have tattoos, cover them. When you are driving to court, parking your car, walking into the courthouse, waiting in the courthouse lobby or courtroom, talking to courthouse staff or anyone else in the courthouse: Be polite, respectful and courteous. Try not to offend anybody with loud talk or rambunctious behavior.
Turn off your cellphone and put away your MP3 player or iPod.
Be careful who you speak to and what you say, as you do not know who may be listening and you can safely assume that no conversation is private. It is important you watch what you say in the restroom, the hallway and in the courtroom itself, as you are under constant scrutiny.

Thursday, August 6, 2015

The Top 10 Biggest Mistakes In Injury Claims

Common Mistakes in Personal Injury Cases?

Not calling the police:

If you do not call the police, there is no formal investigation of the accident. This applies especially to car accident claims. If the negligent party or driver denies liability later on, you may have a difficult time proving your case. By calling the police, an officer will interview all involved parties and witnesses, record their contact information, and write a ticket to the party at fault in car accident cases.

Not getting witness contact information:

Injury victims often fail to obtain the contact information of witnesses at the scene of the accident. If the witnesses choose to stay and speak to police, this is not a problem; however, witnesses often only stop long enough to make sure everyone is okay and then leave before the police arrive. The scene of the accident may be your only opportunity to get the contact information for any witnesses. Without this information, an insurance adjuster may deny liability and refuse to pay anything to you as an unrepresented injury claimant.

Not fixing the property damage:

Accepting and cashing a property damage check without first fixing the damages is another common mistake. The amount offered may end up being less than the amount it takes to fix the damage. Additionally, adjusters often send a check for less than the actual cost of the repairs and hope that you will decide not to repair the property. They can then argue that you were not really hurt and pay you little or nothing for your personal injury claim.

Giving recorded statements without hiring an attorney:

Allowing an adjuster to take a recorded statement without the protection and guidance of legal representation can result in serious problems. An adjuster can easily misconstrue your answers in a way that makes it appear as though you were not really hurt in the accident, or that you were partly or wholly liable for its cause. An adjustor's job is to save the insurance company money and he or she will do anything he or she can to do so.

Signing releases:

Injured accident victims often sign releases for property damage, only to find out that it was actually a general release that settles any and all claims. After signing such a release, a personal injury claim is no longer possible. Do not sign anything without consulting an excellent injury lawyer.

Trying to negotiate your claim without a lawyer:

It may not be a requirement to be represented in a personal injury claim, but that does not make it any less necessary. Insurance adjusters often set the reserves (the value of the case) much lower when a victim is not represented. Verbal settlements are enforceable in Connecticut and New York, and self-represented injury claimants often "settle" their claims verbally on accident, without really intending to settle it. Hiring an experienced personal injury lawyer can prevent this.

Not using Med Pay:

Med Pay is health insurance coverage for anyone in your car who is hurt in a car accident, or for you if you were hurt while a passenger is someone else's car. This insurance pays for your medical treatment with any doctor without co-pays or deductible. The amount of your coverage depends on how much you purchased in your policy.

Not using health insurance:

This is a mistake since many hospitals and doctors require payment soon after medical treatment is provided. If you do not pay it, the bill is often turned over to collections. Using health insurance, you will pay for your treatment as you go. This can greatly increase the total amount you will net out of your personal injury settlement. Good personal injury attorneys can often negotiate away or negotiate huge reductions in any health insurance subrogation claims.

Not using uninsured motorist coverage:

Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage protect individuals who are hit by motorists with little to no insurance of their own. Any remaining balance after the liable party's insurance runs out will then be covered by your own insurance. Normally, your rates do not rise when you use UM or UIM coverage. You must have this coverage under your insurance policy, however, in order to obtain coverage for your damages.

Not getting medical treatment:

Just because you do not have health insurance does not mean that you shouldn't get medical treatment. If you do not get treated, an insurance adjuster may argue that you were not really injured and deny you coverage. Good personal injury attorneys can get you to doctors who treat on a lien. They can also get you pain management and surgeries using medical funding companies. It is also important to avoid long gaps in treatment, once more to prevent adjusters from claiming that your injuries are nonexistent or less severe than they truly are.

Other mistakes:

Not consulting with a Lawyer:

One of the biggest mistakes you can make is trying to handle a personal injury claim on your own. Most likely, your award will be far less than you deserve. This applies in ALL injury cases, including auto accidents, negligence claims, slip and falls, etc. You may miss an important mistake in the claims process and end up not getting anything at all. A skilled attorney can ease the process, lessen your stress, and maximize your awards.

Not filing in a timely manner.

Injury claims have strict statutes of limitations. You MUST ensure your claim is filed within the 2 year period allotted. If you do not file EVERYTHING in a timely manner, your claim will be denied.

Consult With A Personal Injury Attorney Near You

A good attorney wants to help you win a full recovery of your personal injury damages. However, any lawyer can more easily fight for you if you do not make these mistakes when the incident occurs. An attorney can still help you, even if you have made some of these mistakes, but it is likely that any award may be smaller. It is best to be proactive and learn not to make these mistakes before you are injured.

Of course, here at the Law Offices of Heath D. Harte, we have decades of experience. We will skillfully assist you in avoiding these common mistakes. And we will help mitigate the damages caused if you have made any of these mistakes. We treat each client as part of the family and will support and guide you through each step of your injury claim.

If you are in the New York or Connecticut area, we can help you with your injury claim. Contact us now to schedule your free consultation and speak with a lawyer. You only have two years to file a personal injury claim under the statute of limitations, so contact our firm right away!

Thursday, July 23, 2015

Child Custody: Does it Mean Litigation?

When the word “custody” is mentioned, people picture a projected legal battle. They picture long days in court, full of airing one's dirty laundry in public. Custody issues can get messy, but they don't necessarily mean long days before a judge. Today, most custody issues are hammered out in negotiations. This is true for both married parents and non-married parents alike.

The first step in gaining custody is to ask for it. If the parents are married, that step is a part of divorce proceedings. If the parents are not married, the father may have to file to establish paternity. This may involve a Court Order, but it does not have to. In most cases, establishing paternity is mediated through the lawyers. If the mother is married to someone else, things get a little more difficult. In most States, if a woman is married, her spouse is legally presumed to be the Father. Because of adultery laws are still on the books in many states, many women will fight having a man she is not married to being declared the father. That does not mean the fight for father's rights is automatically lost. However, there is a greater likelihood of needing court intervention to order a paternity test.

Over the years, mothers have been more likely to ask for primary custody, but that too is changing. Today, custody is being awarded to the father in more and more cases, regardless of whether the parents were married at the time the child was conceived. Men are fighting their Baby Mamas for custody and are winning. In fact, the courts are looking at things like financial and emotional stability over sex of the parent.
Ideally, the lawyers battle in their offices so that the issues are settled before things ever reach the courts. Family Court should be a LAST resort, only after discussions between the parents have failed. In fact, the great custody myth is that the majority of cases are battled out in Family Court. That is not the case.

According to DivorcePeers.com () most custody is decided through negotiations:

51% agreed on their own
29% settled without third party involvement
11% decided during mediation
5% resolved differences after a custody evaluation
4% went to trial (of the 4% that initiated litigation, only 1.5% actually completed it)

So what is the likelihood YOUR custody battle will involve litigation? How able are you to communicate with your co-parent? Do both parents want sole custody, or do they want co-parenting? Does the other parent have issues that could potentially endanger your child? Will the parents reside near one another, or will they be separated by distance? How reasonable is your co-parent? Even if the two of you cannot communicate, can you do so through third-parties?

The fewer of these issues that apply to you, the less likely you will need a court to decide them. If custody is fairly straightforward, the courts will not be involved at all. And if you can work the issues out between your attorneys, you will not need to litigate.

This is where finding the right attorney can be key. Your lawyer needs to understand all of the issues, as well as your desires. S/he needs to be skilled at looking at ALL the problem areas and advising you accordingly. S/he needs to be able to help you get past your stubbornness and anger. S/he needs to help you stand strong on the big points and compromise on others.

Of course, any time there are unacknowledged endangerment issues, the likelihood of court involvement is greater. The more severe these issues, the greater chance the offender will concede before you get to court. The goal is to work everything out, so that you just present an agreement for the court to ratify. And the more reasonable you are throughout the settlement process, the greater the chance you will prevail on the issues that need court intervention to settle. And if you have trouble being reasonable, make sure your attorney can be for you.

So does custody necessarily mean a huge court fight? The answer is no, it does not. Most of the battle is fought in the lawyer's offices. But the first step is telling your attorney to fight. The second step is being willing and able to compromise along the way. The goal is actually to keep the fight OUT of the courtroom.

Here at the Law Offices of Heath Harte, we believe in negotiating custody, as much as possible, outside of the courts. We will help you look objectively at the issues surrounding your case, both good and bad. We will explain all of the factors used in determining custody, and just how these factors apply to your case. We will look at all of the financial and emotional issues. We will truthfully examine the barriers facing you along the way. We will help you determine what is realistic, and what is truly best for the children involved. We will help you prepare your strongest argument. We will negotiate as much as possible without litigation. If we do need the court's involvement, we'll use our knowledge of case law and judge's behavior to advise you where you should bend, and where you should stand strong. We believe that parents, with all their strengths and weaknesses, are the best ones to determine what is best for their children. We believe in keeping the decisions with the parents and out of the courts.

Friday, July 17, 2015

Mistakes in the Florida "Sex on the Beach" Case

In July, 2014, a 40 year old man and a 20 year old woman were filmed having sex on the beach. They were subsequently arrested, and in July, 2015, the male was sentenced to 2 and a half years in prison. (The female was previously sentenced to time served.) Both will have to register as Sex Offenders. Reactions to this sentence have been mixed, with most people commenting that the punishment seems excessive. What could the individuals have done differently, and perhaps have avoided such a harsh sentence?

This incident occurred on one of the Florida Gulf Coast Barrier Islands. This Island in particular has 7 miles of Gulf Coast beach. Although all beaches in Florida are "public", those designated as "Public Beaches" have parking lots, concessions, bathrooms, and playgrounds. Coquina Beach, where this incident occurred, had recently been named one of the top "family friendly beaches" in the US. Rather than setting up on a portion of beach FAR from the playground and concessions, this couple chose to set up next to families with beach tents, convenient to the playground. Had they picked a more secluded area of the beach, they might have gone unnoticed.

This couple's 2nd mistake was continuing to engage in adult activities for an entire day, even after being asked to stop. Witnesses reported that when the amorous activity first began around 11 am, they removed the children from the beach, coming back about an hour later. When they returned, the couple started engaging in sexual behavior again. It was not until late afternoon that the grandmother had had enough and called the police. The police took their time arriving and had to be pointed to where the couple lay. The couple had plenty of time to finish and move away before the police arrived.

But most likely, it was the couple's attitude that resulted in the harsh penalties. Rather than acting contrite or remorseful, the couple became indignant, even when approached by a police officer. In fact, throughout the day, rather than being apologetic, they acted threateningly to bystanders who dared to question their activities. The arresting officer reported that once the suspects had been secured, over a dozen bystanders approached to give him information, and 6 actually completed affidavits.

The male was not unknown to the system either. He has 25 previous offenses listed in the county court database. the earliest being a criminal driving offense he received when he was only 16 years old. His first felony conviction was for disobeying a police officer, received a mere 4 years later, an incident that occurred during a drug arrest. After violating probation, he served time. Other offenses include repeat domestic violence, felony cocaine trafficking, (for which he was still under supervision,) and a slew of driving offenses. He was well aware of Florida's "Three Strikes" sentencing guidelines. Yet he chose to give an under-aged woman alcohol and engage in a day-long public sex marathon, and to get angry when his illegal behavior was questioned.

He compounded his mistakes by refusing to negotiate with prosecutors. Wary of the publicity, the prosecutors offered this man a deal: plead guilty, eat some crow, and we'll sentence you to 2.5 years. Go to trial, and you're facing 15 years. He continued to insist he'd done nothing wrong and sought as much publicity as possible for his crimes. The prosecutors withdrew the "three strikes" paperwork and requested exactly what they'd offered him in pre-trial case management conferences: 2.5 years, including credit for time served. And he has the arrogance not only to appeal, but to claim indigence so that appeal will be on the taxpayers' dime.

So where did this man go wrong? Had his attitude been different from the beginning, perhaps things would have worked out differently. If you are actively committing a crime, you should not act indignant towards those who ask you to stop. You should not escalate your behavior when bystanders politely point out you are engaging in lewd behavior in front of children, something that automatically increases the level of severity of charges. When folks start threatening to call the police, that is the time to be apologetic and contrite, and also the time to vacate the area before the authorities actually arrive. And when those authorities DO arrive, it is time to be polite and respectful; it is not the time to become argumentative. This is especially true if you have previous convictions for failure to obey authorities. The police are much more likely to be lenient to a respectful, cooperative person. And remember, the ruder you are to a bystander, the more likely that bystander will stick around to give a witness statement.

A good rule of thumb is that disrespecting police will only result in harsher charges. Even if you are 100% sure you have done nothing wrong, be respectful in all communications with authorities. Even if you choose to not say anything, be quiet in a respectful manner. And especially stop arguing once you've been put in handcuffs. At that point, it's best not to say much at all until you have consulted with an attorney. But remember, invoke your rights with dignity and respect. You have a much better chance of being treated respectfully in return.

Thursday, July 9, 2015

Fighting for Paternal Rights

Today, the “traditional family” is becoming a rarity. Today, the single-parent home, the blended family, and shared custody are at least as prevalent as traditional families. We also have same-sex couples bearing or adopting children. In the old days, when a family broke up, primary custody almost always went to the mother. Today, that is no longer the case.

Many fathers still assume that if they leave their spouses, that means the end of raising their children. Unmarried fathers assume they have no chance for primary custody. Thankfully, that is no longer the case. More and more fathers are fighting for primary, or even sole custody and are winning.

The advances, in part, are due to The Fathers' Rights Movement. Starting in the 70s, groups of men began organizing to end the bias towards placing children with Mom. Groups began to form, including Families Need Fathers and the Lone Father Association.   (See http://en.wikipedia.org/wiki/Fathers%27_rights_movement.) The movement continued and expanded with the rise of the Internet. Now, there are a plethora of groups organizing through social media sites like Twitter, Facebook, and Reddit.   Some of these groups advocate and lobby, while others offer support. They also help raise awareness of why the mother may not be the best parent for the children. Similar groups exist that stress the importance of shared parenting. These groups have helped things like paternity leave for fathers to become a reality.

Several celebrities have also helped raise the profile of fathers' rights. In 2014, the actor Jason Patric was denied visitation and was barred from seeing his baby, conceived through IVF. After initially being denied even visitation, he sued, and won, and was granted full parental rights.

Also in 2014, skier Bode Williams was casually dating a woman who became pregnant. She decided to move to New York to go to college. Bode successfully sued for father's rights, gaining primary custody of his baby.   Halle Berry and Gabriel Aubry dominated the tabloids in 2012, 2013, and 2014, with Halle fighting to deny visitation, and Gabriel fighting, and winning his parental rights. Aubry successfully kept Berry and her new husband from moving their child out of the country. This year, NFL Hall of Famer Barry Sanders joined the ranks of those fighting for Fathers' Rights.

Today, there is no reason for a loving father to back down. You do not have to be a celebrity to successfully gain custody of your child. All you need is will, determination, and the right lawyer.

Here at the Law Offices of Heath Harte, we believe custody needs to go to the better parent. In many cases, that is the father. We also believe that most children can benefit from having a relationship with both parents. If you are a father, and you are looking at establishing your paternal rights, we can help.

Sunday, May 17, 2015

Geofeedia: Using Social Media Against You

Geofeedia:

Using Social Media Against You

Every day, we seem to read about another person busted for their Facebook activity. Ever wonder how the police find these posts? There is a new tool in town that many police forces are using monitor social media. Called Geofeedia, the tool bills itself as a “location based social media platform.”

Their website boasts “Every day, social media users are posting important content from your locations without using the “right” keywords or hashtags. Unlike traditional social listening tools, Geofeedia runs social media search by location first — rather than by specific words (such as keywords or hashtags). The result? Geofeedia’s data set contains the hidden 70%+ of social data coming from locations, compared to traditional tools that only rely on certain words to create their data sets.”

Geofeedia is actively marketing to local police forces: “Discover, engage, and analyze social media data to prevent crime, track suspects, and investigate evolving situations in real-time”. Their website goes on to say: “GET ACTIONABLE INTEL. See what’s happening in real time and search historical data in critical locations to better understand, react to, and prevent issues.”

The tool allows local police to track ALL social media posts from a given location range. Geofeedia has recently been raising capital for expansion. They are actively marketing their software to police departments, citing the successful use in California, Florida, New Jersey, Michigan, and Illinois. They even offer a mobile app to make it easier to monitor people “on the go.”

Geofeedia allows the police to pull up a map and draw a circle on it. The tool then monitors ALL social media posts being made from within that circle. The tool indexes ALL posts, photos, and videos, regardless of keywords and hash tags. It allows police to monitor and track activity and/or individuals. They can set up alerts for keywords, users, or subjects. They can also obtain contact information for the individuals posting.

This means that the Police can draw a circle around ANY local event and then monitor that event for posts or photos that may mention “illegal activity.” This activity can include such things as “Managed to sneak a flask into this no alcohol allowed event,” or “Should have stopped drinking an hour ago. Now I have to drive home.” They then can intercept the posters to arrest them for the activity mentioned in their posts. They can also use Geofeedia to scan for potential witnesses to the activity. They can contact that witness on the scene, or use Geofeedia's tools to obtain the contact information of that witness at a later time.

The Ocean County Police Department currently uses the tool to actively scan for cyberbullying. The Manatee County Police Department searches for photos that include “gang signs” or possible illegal weapons. The Los Angeles County Sheriff’s Office uses it to monitor for possible gang activity and fights. Of course, these are just the uses the police advertise. There are many other ways the tool can be used to monitor individuals, groups, and activities. Big Brother has arrived.

If you are a Facebook, Instagram, Twitter, or Vine user, the police may already be monitoring your posts. Post that photo of your Marley Blunt, and the police may be ringing your bell before you've even finished smoking it.

And unfortunately for the Social Media User, this evidence is admissible in court. The Courts have already ruled that social media may be used against an individual without violating his constitutional rights. There is no legal expectation for privacy on a public platform.

Like with any technology product, when one becomes successful, copy cats begin to arise. This means we can expect competitors to start cropping up, competitors who may develop more robust tools than the one Geofeedia already has.

In the past, the courts have demanded Social Media passwords once a single admissible post has been discovered. That means they can subpoena your entire Facebook history from Facebook itself, including posts you have since deleted.

Do NOT allow your own posts to be used against you. Be aware that Geofeedia is adding new police departments to its customer roster on a daily basis. And if you find such a tool being used against you, either as a participant or as a potential witness, be sure to protect yourself by contacting an attorney IMMEDIATELY.

Five Considerations in Choosing a Lawyer

5 Considerations in Choosing a Lawyer

There are a slew of lawyers in every town, all of whom are telling you that they want to be YOUR lawyer. When you find yourself needing a lawyer, how do you choose? Here are some considerations to help you narrow down your choice.

1. Big Firm or Little Firm?

Some legal firms are huge. Their firms' names have 5 or 6 partners listed, and the firm employs dozens of other legal personnel, from Associate Attorneys to paralegals to legal secretaries. At the opposite end of the spectrum are firms composed of a single attorney. Which is right for you?

With a larger firm, much of your case will be handled by staff, rather than by your attorney. In fact, each piece of your case might be assigned to a different individual. When you call the firm, the receptionist will have to pull your file to see the appropriate person to whom to direct your call. You may rarely speak to “your attorney,” but usually will speak to one of the junior staff assigned to assist with your case. One attorney may handle settlement negotiations, while a different person will be assigned your case if you go to trial. One individual may prepare documents while a different person executes them. If you retain that firm again in the future, you may be working with an entirely different set of people. One lawyer will handle your divorce, different lawyer will handle your will, and another will handle that DUI.

With a smaller firm, you will get more individualized attention from your attorney. When you call the office, you will generally speak to one of two people: the lawyer himself or his assistant. Any future cases will be handled by these same individuals. You will be working with the same person through document preparation, settlement negotiations, and litigation. The same attorney will handle your divorce, custody settlements, will and preparation. If a few years later you get a DUI, you will be again working with the same attorney.
If a personal experience is important to you, you may want to consider going with a smaller firm. Your lawyer will get to know you with your first interaction, and s/he will be familiar with who you are when s/he handles future cases.

2. Areas of Practice

Some lawyers specialize, handling only cases that fall under a specific aspect of the law. There are lawyers that specialize in Condo Association Law, attorneys that specialize in Wills and Trusts, and firms that specialize in Personal Injury. Other law offices practice in many different areas of the law. Which is right for you?

Generally, the specialists are part of larger firms. Again, individuals within the firm have a specialized area of expertise. One personal injury lawyer may only handle car accidents, while a second in the firm only handles slip and fall incidents. One attorney may prepare your will, while a different attorney prepares your real estate trust.

With a smaller firm, the same attorney will handle both the will and the real estate trust. S/he will also handle your car accident and your slip and fall.

You might assume that the specialist will be cheaper in the long run, as s/he does not have to do as much research to effectively handle your case. Although it may be true that a single area lawyer can cite case law off the top of his/her head, you still want your attorney to research the latest case law that may apply. This is one area where skimping may be foolish. Chances are that firms of all sizes will need to do the same amount of research on your case.

Another consideration is the states in which the firm does business. To practice in any state, an attorney needs to pass the Bar Exam in that state. It is important to ensure your attorney can practice in the state where you need services.

Larger firms tend to have offices in multiple states. Smaller firms tend to practice in only a couple of states. If you own investment property in 6 different states, it might make sense to go with a specialized firm with offices in those states. Or, your lawyer may recommend s/he consults with such a firm should you require services in an area s/he doesn't practice.

Usually, as a client, you only need to worry about services in your own state and the adjacent ones. Most smaller firms maintain relationships with the specialized firms so that they may work together, when necessary, to meet your needs.

3. Convenience

Let's face it; we're all busy. None of us seem to have enough hours in the day. Any legal case brings enough stress along with it. You need to choose a lawyer who will work with you, on your schedule, and be convenient.

Does your lawyer insist that you come see him for every interaction, or after the initial consultation, does s/he work with you by phone, text, and e-mail as much as possible? Does your attorney work bankers hours? Or will s/he alter his/her schedule to meet with you after your work hours have finished? Are the offices easy to get to? Can you reach him/her at 1 am from your jail cell? Can s/he arrange for a bail bond if necessary?

Working with your lawyer should be as easy as possible for you. If it is not, you may have chosen the wrong attorney.

4. Payment

Lawyers are available at all price points. Many require large retainers up front. Other lawyers work on a contingency basis. Some lawyers cannot work within a budget; others will. Some lawyers require payment up front. Some lawyers offer payment plans. Some lawyers charge for travel time to court.

For some people, the price of their defense is no object. For others, money is tighter. It is important to discuss money and payment when choosing your attorney. Often, a contingency type arrangement ends up being a lot more expensive for the client. Sometimes though, contingency is the only way you can afford to pursue your case.

With the law, price and quality are not necessarily the same. Often, a too plush office is a sign your lawyer cares more about padding his wallet than about justice for you. Excellent representation is available at all price points. A good attorney should be able to quote you a ballpark range for your case. The initial consultation should be free. Ensure you choose a lawyer whose prices are in line with what you can afford. Be wary of attorneys that demand complete payment up front.

5. Personality

Last but not least, you need to choose an attorney with whom you can work. If your personalities clash, your defense will suffer. You need an attorney who you can trust and respect. Now this does not mean your attorney should become your BFF. It does mean that you should feel comfortable speaking with your lawyer. You should trust in your attorney's values and ethics. You should feel like a valued customer. You should be able to get your questions answered in a way you can understand.

That first consultation should be like an interview. If your gut tells you this is the wrong attorney, retain a different one. Likewise, you should feel comfortable with the office staff.

Summary

Choosing a lawyer can be stressful. But if you keep several things in mind, you can make an effective choice. Consider the size of the firm and how important a personal relationship is to you. If you want an attorney who recognizes your voice on the phone, you may want to consider going with a small firm. You also need to consider the practice areas, both in terms of subject and location. Your lawyer should be convenient to work with and accessible through whatever means you prefer. His work hours should also mesh with your schedule. Your ideal attorney will offer payment options and plans individualized to you. S/he should also be someone you can trust, respect, and just generally get along with. S/he should be able to meet both present and future legal needs.

Here at the Law Offices of Heath Harte, we realize you have a large choice of attorneys from which to choose. We are a small firm, and we believe in individualized, convenient services for all of our customers. We can handle a variety of legal issues, from personal injury, to criminal, to family, to wills and trusts. We offer convenient payment options and convenient payment plans. We believe in getting to know you as a person so we can better handle all of your legal needs. We hope, if you're located in the New York-Connecticut area, that you will consider us when choosing a lawyer. We invite you to our offices for a free consultation so that you can see if we can successfully work together. And we truly believe in law with a personal touch. If you are outside of the Westchester-New York-Fairfield-Greenwich-Stamford area, we hope you will be able to find a firm with the characteristics of our own.