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244 Search Results for "personal injury"

November 14, 2012

Getting Mediation Right

...ome of which were contested), retirement plans, insurance plan cash value, personal property, and spousal support, and “fault”. They agreed to get at “no fault” divorce. Now, the parties get to move on with their lives and “divorce their lawyers” at the very first hearing, in December. Many couples are just loading their weapons at this stage, but these folks get to leave the field of battle, in six months or less, and move on with their lives. Th...

February 15, 2018

An Example of Unbundling of Legal Services

...children. Fixed incomes. No significant real estate. Accumulated “stuff”, personal property, all at the former family residence with the wife. Very small retirement fund. In two hours, we prepared our responses and counter to the wife’s divorce packet, ascertained the significance of some past violence between them, determined their debt is essentially uncollectible, gave him the name of a good bankruptcy lawyer for a consult “just in case”, dire...

January 13, 2020

Fundamental Insurance Protection 2020

...p voice guy who sits in the easy-chair in the intersection, and from the guy who plays a falling tree branch, slobbering Lab, or negligent tail-gaiter. All they sell is humor and “cheap”. Vince once saved a client of mine a million dollars, literally! He understood the intricacies of “personal umbrella coverage”, and that knowledge made all the difference. So, here are a couple of articles that I hope will help you protect yourself and your family...

August 31, 2012

Equitable Distribution – WV Divorce Property Law

...sed, the washer/dryer, and the van put in both names, are marital, but the personal gifts from family, the engraved rifle, or the deed in daughter’s name only, remain separate. Lessons learned from equitable distribution can be hard ones, just as picking the wrong spouse can be. Many people begin to think of getting a pre-nuptial agreement, a subject for another day. (Editors: My case of Lee v. Lee, 721 SE 2d 53 (2011) reveals some of the perils o...

March 7, 2018

2018 Update: Equitable Distribution: WV Divorce Property Law

...sed, the washer/dryer, and the van put in both names, are marital, but the personal gifts from family, the engraved rifle, or the deed in daughter’s name only, remain separate. L. Editor’s note: I recently was exposed to a VERY IMPORTANT twist to the rules and examples listed in A-K above. In two cases, a spouse disposed of a residence for which they had a good argument were their separate or almost fully separate, property. They signed deeds with...

April 8, 2018

Brand New WV Custody and Alimony Law

...has been signed into law. I don’t know when it goes into effect. I reserve personal judgment on this law, which will impact the majority of my work days so long as it is in effect. The revisions are to WV Code Article 46, Chapter 6, Section 301, and 48-9-205 and 48-9-206. Things I notice immediately: I do not see “inequitable conduct” as a ground for increasing or decreasing the amount of alimony. There are 18 other factors which seem to be the ol...

October 11, 2018

A Lawyer’s Thoughts on Slavery and Racism.

...e, Garrison asked the crowd, “Have we been listening to a thing, a chattel personal, or a man?“ And “the crowd yelled “A man! a man!. “Shall such a man be held a slave in a Christian land.?“ called out Garrison. “No! No!” shouted the audience. And even louder, Garrison asked: “Will such a man ever be sent back to bondage from the free soil of Old Massachusetts?” And now the crowd was on its feet, crying out “No! No! No!” He never did return to sla...

January 21, 2019

More Organizing the Facts in Your Case: Linking CaseMap, Outlook 365, and Evernote.

...also send them to EverNote. But, for now, I think I will save EverNote for personal stuff and office management and blog writing. Each client will now have two folders, his/her client folder on our file server, and her/his CaseMap folder in Dropbox. This is a “game changer”. Eventually we will integrate the two client files into one per client. Pretty exciting stuff! Instead of laboriously trying to find the various handwritten “object lists”, whe...

April 21, 2020

My Three Beefs with our System, my Colleagues, and The WV Legal Aid Society

..., and The WV Legal Aid Society: https://youtu.be/jOmvDZ302C0 That the family law court system of resolving parenting and divorce issues is, by definition, “adversarial”; That family law attracts too many adversarial, “win at any cost”, personality types into the practice; and, The Legal Aid Society, contrary to WV Supreme Court expectations will not negotiate a parenting plan that requires the alternate dispute resolution tool called “mediation. W...

March 24, 2021

Guardians and Conservators (The Time May Come)

...the early “baby boomers” begin to struggle and need help in meeting their personal and financial needs. Think of “conservatorship” as the management of the protected person’s property, her or his “estate”, and of “guardianship” as management and protection of the person. A “medical power of attorney” is a lesser version of guardianship. It is limited to medical decisions that the protected person is no longer aware enough to make. A “durable gene...