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January 12, 2016

Hire the Lawyer Who Hates Insurance Adjustors?

...ts when they hear the name of your new lawyer. Here’s the truth: adjusters come to work each day the same as you do. Many of them hope to do some good in the world. Changes in the law (conservative changes) make is harder for them to settle out of court for a decent figure. They appreciate your help and your lawyer’s when they properly document and present the claim. When fault is clear and the injury significant, they look for a way to minimize r...

June 26, 2010

May I Record My Spouse Without Their Knowledge?

...es. Recording can be a routine, valuable tool, in cases where my client is complaining about rude and abusive language from the estranged spouse. Right now we have a technical problem with people having a land line, a cell, or perhaps a Trac Phone, and their children having phones. But, assuming you can figure how to have a recording device for most of your conversations with your spouse, or opponent, simply announce that to improve civility and l...

November 14, 2012

Getting Mediation Right

...mentation, and prepared to negotiate a solution. When parties can afford counsel, and when counsel and the mediator have trust and competency, good things can happen. Yesterday we did just than, and the parties figured out a parenting plan, the disposition of the former family residence property (over which there was a dispute as to value and ownership), and the division of debts (some of which were contested), retirement plans, insurance plan cas...

October 16, 2014

Happy to be a Rich Man

...nd one “first timer” are not coming to our WVWC, and Phi Sigma Epsilon Homecoming. 7.One has severe chest congestion and an allergic reaction. 8. Another is just now home with a new heart stint. 9. And another just learned of a threat to his post-retirement dream that he must vanquish. 10. Then I got a FB post of a sad loss of a parent by a valued colleague. And, I made another, mental, connection. When I first visited WVWC, our tour guide was Pet...

December 17, 2018

Resources: For My Clients, Potential Clients, Self-Represented, and Colleagues.

...is good to have a lawyer with both skillsets. The next two books have many competitors. These two rated well with Amazon. One deals with bad behavior in children. This is a common phenomenon when a child’s life is turned upside down, where one or move parents doesn’t really know what he or she is doing, and when the child encounters different parental style, from 2, 3 or more sources. The other discusses the concept of cooperation and collaboratio...

June 5, 2017

Global Warming: How the Environmental Movement Has Botched It!

...to “global warming”. Yes, it is a concern that Upshur County, W.V. might become as hot as Fort Mill S.C. in the summer, and that our native animals may have to move north, and that we may get our share of fire ants and other southern critters. There is no doubt the heating of the earth is terribly serious, the rising of the oceans, the shrinking of our glaciers, and the unforeseen consequences. But it seems to be hard for people to wrap their head...

May 26, 2012

Doing the Right Thing

...e up a “two day week-end”, that he has to travel back to WV with child on Sunday of Memorial Day Week-end! I would say, “You what!?”; patiently explain that she will look like a vindictive idiot to the Court, and insist she “do the right thing”. Other lawyers might parrot his client’s drivel because of misplaced loyalty; that is, loyalty to what the client thinks she wants compared to what she should want and should do. Generous gestures usually b...

March 6, 2011

The Role of Fault in WV Alimony (WV Code 48-8-104)

...not consider repudiating my client’s pre-nuptial agreement and asking for commensurate alimony for the husband’s fault, an admitted affair. I explained that I found that family courts are not concerned much with fault. She respectfully disagreed with me, referring me to a case she had authored. I left there feeling that in the right case, she and the Court would support a significant award of alimony. As I said, unless a client is prepared to go...

October 17, 2018

GAPS IN WV FAMILY LAW

...ctice” for a family law attorney to attend mediation with her or his client. Burt calls failure to attend “malpractice”. 8. There is no significant movement in West Virginia to promote “expedited mediation”, “streamlined mediation rules”, “unbundling of legal services”, or “collaborative law”. IN SUMMARY, family law in West Virginia stumbles along with perhaps 70% of the litigants unrepresented, overburdened courts, limited funds for mediators and...