Being the Customer: A perspective

I find it is very valuable to spend time as a customer. I meet with hundreds of people every year in a setting in which I am very comfortable. I talk about legal matters all the time. This makes it easy for me to lock onto my own perspective about what it means to meet with a divorce lawyer.
I honestly forget what it may be like for new client who has never been in a lawyer's office before.

Of course, I have other opportunities to do things that I'm not as comfortable with. Such as, recently I got a chance to meet with a medical specialist about an issue that I've been having. I didn't really know where to begin when we had our first discussion. I also didn't know how reasonable it was to have the procedures that he recommended. So I had to do a lot on trust. 

As it turned out I followed the advice of the doctor and we did the limited procedure that he recommended. This procedure was a much simpler and more limited procedure than he could have conducted. However, it still was very costly. After the procedure we found no new answers to my complaints. In fact, after the follow-up I had with his PA, I learned that the doctor wanted me to conduct additional tests and perhaps return to have a more extensive procedure.

A big issue here from me is cost. Paying for most of my medical needs, even with insurance, is not cheap. I am sensitive to having to pay for something twice. I think this is a problem that many people have with their lawyers as well.

The additional tests that he now wants me to perform could have been done before the first procedure with little to no additional cost. Now, I've got to perform a test and possibly have to return for more extensive procedure that is certainly going to cost me more money.

I think this has a lot to teach me as a professional. My client's time and money is valuable to them. I can recommend as many different actions as I want to try to solve their legal puzzle. However, I need to be sure before I recommend something that it's going to be effective for my client. I don't think spending their money to do the same thing twice and something that they will appreciate.

I certainly know it's something I do not appreciate from the doctor.

New Parenting Class for Impact of Divorce on Children

The Oklahoma Legislature has passed a new law relating to a new required education class for divorcing parents. This new law goes into effect on November 1st, 2014. The new law will institute a requirement that all parties seeking a divorce based on incompatibility must attend a parenting class. The law instructs that unless for good cause shown, the court shall not grant the divorce until both parties have completed the class.

If you want to read the measure as passed visit the link below.

HB 2249

Don't hate, hater.

In Boston Legal ("Tortured Souls" Season 1), there is a moment, when William Shatner, as Denny Crane, is trying to convince his colleague to take a especially despicable client where he delivers this line:

Alan, c’mon, we hate all our clients. It’s good to hate, allows us to overcharge and still sleep at night  

Do lawyers hate their clients?

A client can really get in the way of doing the legal work. I mean, we lawyes go to law school to argue in court, conduct trials, and write briefs. And that is hard to do when the pesky client keeps calling and interrupting us to ask, "Have you heard anything yet?"

The mistake here is that the legal stuff is not the real work, especially in Family Law. The work is the relationships we build with the people who come to us with their concerns and their trust.

I don't hate my clients - they are the people who make what I do in this profession meaningful.

Causes of Action

When I was in law school we learned about what are called "causes of actions". This generally means a set of facts that entitles one person to sue another for money or other remedy.  One of my favorites has always been burglary, because in order to have a cause of action for the crime of buglary (under the old English law) there had to be the following:

1. Breaking and entering
2. By night
3. A dwelling of another
4. with the intent to commit a felony therein

Why this is important? Because if one of the facts is missing then I am not guilty. For example, if I didn't enter at night, then technically it is not a burglary. Tough for you, I broke into your house at 12 p.m. (Modern law has closed all these loop holes)

Students get taught that identifying facts that support a cause of action is how the law works. 

Family law is quite different in this regard because we are mainly deciding issues of status. So in order to have a divorce, for example, the only question is: Are you married? In order to decide issues of child custody or support, the only question is: Are you a parent? A yes or no to these simple questions determine the cause of action and whether it can be brought. 

Happy, Happy Birthday!

In this age of Facebook, we can get daily reminders of the birthdays of our social contacts. Also, if you sync your calendars you can look ahead and see the upcoming birthdays as well. So what is the big deal?

The big deal is that you can make a small difference in someone's life by just remembering their birthday (even if you don't have to remember). I can say from personal experience that I like it, even when a distant friend or contact remembers that it is my birthday. And, it is going to make you feel good too by remembering someone else's birthday and saying something nice to them.

So say Happy Happy Birthday whenever you get a chance. It is so easy, and makes such a big difference.

Happy Happy Birthday.

Children, Divorce and Taxes (Part 1)

It's that time of year! Taxes. Now parents start thinking about filing their taxes and confusion instantly hits. At the office, we start getting a lot of calls regarding divorce inflicted tax changes and who can claim the children on his/her taxes.

We have answers!

For all of your questions, we created a three part series regarding common questions about children, divorce and taxes. This post addresses questions about how to decide who can claim the children in the absence of a court order.

• Who is a qualifying individual for the dependent exemption?

In the case of a child, a person under the age of 19 or under 24 if a student as of the close of the tax year, for whom the parent has provided over half of the child’s support.

• Do the parents need to prove that they have provided more than 50 percent of the child’s support during the year?

No, generally parents don’t have to prove they have provided the support. But this is a requirement if a person other than the parent is seeking to claim the child tax exemption.

• Are there special rules for divorced parents?

Yes, the IRS sets out special rules for which parent can claim the child. This is generally the custodial parent: the parent with whom the child has spent more than 50 percent of the year.

• Who gets to claim the child tax exemption if there is no court order?

You will have to use the IRS’s rules for determining who can claim the child.

• How does the IRS determine who can claim the child?

The IRS looks at who is the custodial parent, who is the parent the child lives with for the greater part of the year, and generally allows that parent to claim the child.

• Who can claim the child if both parents had the child an equal amount of time?

In this case, the parent with the higher adjusted gross income may claim the child tax exemption.

For the extended article, check out our January newsletter. If you have more concerns regarding children, divorce and taxes, feel free to email me at contact@evantaylorlawoffice.com and we will provide answers to your questions!

New Year, New Decisions

Do you know that starting a new relationship while your divorce is still in process can cause consequences to your case? Do you know the nine magic word answer to use in court just in case you might think of more information at another time? Also, do you know that a divorce case in Cleveland County typically takes about 200 days?

Answers to these questions and others are available on our website at one location for your convenience. The divorce process is a long and complicated one, but we want to provide you with the right information to keep you informed and in control. 

Our resources page is constantly being updated with articles that can assist you during your family law case. If you have a question that is not already answered on our website, please feel free to email us at contact@evantaylorlawoffice.com.