Username:  
Password:  
   
?

Legal Blog

Tags >> Advice
I represent client's in divorce cases as an attorney and even though my rates are on the moderate and affordable level- relatively speaking, it is still too expensive for many people.  You can cut the costs of the divorce down by 75-95% depending on the situation.  Most meditations from start to finish are under $1000.  It saves couples who are going through one of the worst financial times of their lives a way to end the marriage in not only a reasonably priced but dignified and peaceful manner.  I do not charge a retainer as a mediator and you can stop at any point.

Custody is complicated and is always based on a child's best interest.  There are no easy answers and each case is unique.  However, as a Bristol Child custody lawyer, mediator and GAL, I will try and provide some basic ideas that can help:

1.  Employment- do not quit your job.  However, figure out the best ways that your  current or future job may fit around your child's routine. 

2.  Try and stay in the same school district. In general the courts want to provide as much stability for child as possible and changing schools is a factor that may not be in child's best interest


There are lots of ways to deal with school systems.  Protecting and advocating for your child can be complicated and is emotional.  It is recommended that you hire a Taunton educational advocate  lawyer  such as myself but I realize that the cost may be prohibitive for many.  I will provide a few pointers that can help parents a great deal:

1.  Organize-make sure that you have complete records including everything from the school and other records as may be applicable whether this includes medical, clinical, DCF, court, police and so forth as applicable.

2.  Be able to present what the issues or problems are in an easy and organized fashion with as much specifics as possible.


Tagged in: MA school system , Bristol , Advice

There is a lot of information you need for filing bankruptcy.  There are some information that would be helpful to bring as we go along  but here are ten major pieces of information to bring.

1.  Social security card

2.  Photo Id-licese, passport etc.


Tagged in: Filing Bankruptcy , Advice

In MA it is not a crime to drink and drive.  It is a crime to operate under the influence- that is that alcohol impairs your ability to drive.  With Melanie's law the punishment for OUI has significantly worsened.   You should never drive impaired for a variety of safety as well as legal reasons.  OUI are treated more seriously than nearly any other type of crime.

 If Homer lived in MA, his driving after drinking would not be a cartoon.  The police are now looking for impaired drivers and once they smell alcohol on your breath it is extremely likely that you will be arrested.  The police are not like Chief Wiggums.  They are trained in how to conduct field sobriety tests.  There is a manual and classes that the officers take.  You choose to  take or not taking these tests.  If you choose not to take the tests, your refusal can not be used against you in court.  In addition, the test have issues if they are not in a well lit area, on an even surface, if the ground should not be slippery and other reasons.   The officer is supposed to ask if there is any reason why you can not do the test.  Reasons can include physical conditions, obesity and other reasons.  Some people just do not do well on many of these coordination tests.  Homer, if he was smart, would most likely not do these tests based on his overall lack of coordination.  In addition, his weight may make the tests not possible to complete.  Most people have a variety of reason why they do not do well on the test including being nervous of having a police man deciding whether to arrest you or not based on how well you do.  Most eyes tests (HGN) and Portable Breath Tests( PBT) can not be used against you in trial.   There are a lot of defenses to the tests that can be introduced at trial.

 Breath Tests are much harder to decide whether t take or not and  can be harder to defend.  MA is now a per se state for BT of .08 or above.  The state has hoops to jump through and is not always able to actually get the test results in for a variety of reason.  A big issue is whether you should take the breath test or not.  The state has to provide you a written explanation of what happens to your license if you take the test or not.  A big factor is whether you know you will pass or fail the exam and whether this is your first or subsequent OUI.  In MA now there is a lifetime look back and the penalties for first and subsequent offenses are high.


Tagged in: Understanding OUI , Advice

Everyone needs to protect themselves in case of the worst.  People need a Will to not only provide instructions for financial reasons but also to nominate a guardian for minor children.  Without a will the state court chooses who will be the guardian of the children without your input.  In addition, the state has certain ways that assets will be divided without your input.

You also need a durable power to attorney so that in case you are not incapacitated or not competent someone who you choose will be able to deal with financial and other decisions making on your behalf.  You should also have a health care proxy( and directive similar to a living will while not legal binding will provide the health care proxy guidance).  The health care proxy will allow a person to trust to make health care decisions for you.  You also need a release for a doctor and medical staff to speak to your spouse , children and others.

Other possibilities may be a homestead if you do not have one. a review of who benefits on your life insurance and retirement accounts, trust and other plans.  You want to examine tax consequences, nursing home issues and other factors on your on rather than have a relative litigate these issues in court - making it expensive and time consuming.


There are a lot of factors in hiring an attorney.  You want to determine what you are looking for in an attorney.  You should ask about the lawyers experience in your field.  It is advisable to bring questions written down so that you can cover the areas that are needed.  You should make sure that any fee agreement is written and that you have a copy of the agreement.  Cost may not be a determining factor but is certainly important to make sure you have a clear understanding.

You also should try and get a feel for how the communication will go with the lawyer.  Will you be dealing mostly with a paralegal or secretary or with the attorney. How quickly will the lawyer get back to you.  What is the size of the firm.  What style does the attorney have.  Are you looking to try and settle the case or looking to go to trial?  What is the attorney's outlook on cases?  Does the personality mesh with the attorney?  These are just some of the questions you should be looking at when hiring an attorney.


Tagged in: Hiring an attorney , Advice

Appearance should not matter in life.  Appearance certainly should not matter in court in the justice system but it does.  You should dress conservatively as though going to a conservative religious service.  The goal is not to look stylish but to show respect to the court.  You do not need to buy a new suit or dress but you should dress up.  Do not wear a lot of jewelry or expensive items. 

In family court, try and avoid bringing young children.   Bringing support is a good thing but be careful about significant others, particularly if no it involves an ex.  You generally can not bring a friend or relative with you while negotiating or when in front of the judge.

Make sure to arrive Early for court to find parking and to wait in line for a metal detector.  Expect to be waiting in court for a while. 


Tagged in: Court etiquette , Advice
<< Start < Prev 1 2 Next > End >>