Blogs from our ‘minnesota lawyer’ Category

SOLO FAMILY LAW PRACTICE IN MN

Friday, December 23rd, 2011

SOLO FAMILY LAW PRACTICE IN MN

LIFE IN ONE LAWYER FAMILY LAW FIRM

Hello again!  I’ve been embarrassed lately looking for a topic for this blog, to tell the truth.  I’m not a lawyer, an accomplished techie, a CPA or even a trained office manager.  So what can I contribute to the conversation on line?  Why, an inside view of a solo (one attorney) family Law practice in MN.  So, here goes!

 I’ve been reading Hennepin Lawyer, the organ of the Hennepin County Bar Association.     One article that caught my eye was Solo Practice in the 21st Century    by Maggie Green.  The article has some good basic points for attorneys:  create and live by a business plan.  Stay organized.  I’d say that means focus on a narrow area of the law where you can not only make a living and help clients but also gain in depth knowledge.

 But, anyway, back to Ms. Green.  If you are planning to employ a lawyer I think what reall matters is these words of hers:  “Do great work… and everything else will fall into place.”  This is true, true, true.  Good article if you want to see what hour solo attorney has to deal with.  I can speak from experience.  If we don’t do good work here, we don’t get the business, and word gets around we’re not good lawyers.  Word also gets around that we are worth retaining, when we do good work. 

 TECHNOLOGY AND FAMILY LAW IN MINNESOTA

Another article worth reading is Mandatory E-Filing in the Fourth Judicial DistrictThe article is by Colleeen Hillesheim with the help of Jim Skoog.  I’ll admit the article does NOT sound thrilling.  But think about this.  It means that lawyers can finally use emails to file (i.e., officially present to the court and to other attorneys) documents relevant to a particular case  — at least in Hennepin County, MN (Minneapolis); and, at least, for the family and civil courts.  Still, this is progress.  This means that our clients’ child custody, child support, alimony, divorce cases can be handled more efficiently with less time and less expense. The ease of using emails compared to printed / hard copy documents, or faxed documents, makes it well worth using emails.  Now, your lawyer and their staff can focus more on legal work and less on postage, stamps, trips to the US Post Office, and so on. 

 Finally, one more article from the legal press:

THE CRISIS GROWS:  Concerns Over Funding for State Courts Dominate the ABA Annual Meeting

 (THE ABA is the American Bar Association.).  This article is by James Podgers in the September 2011 issue of ABA Journal   I’ll just quote a few lines:

 “The nation’s economic crisis ‘has resulted in additional cuts in funding for our already underfunded state courts.’  Robinson told the House.”  [Mr. Podgers is quoting William T Robinson III].  ‘This threatens the very viability of our entire justice system in America and puts at risk the third co-equal branch of government.’”  This may sound far fetched but the vast body of civil rights and legal rights built up over centuries have, at least until recently, served to protect the average citizen.  For there to be any such protection, courts have to function.  And courts can’t function without funding.

 The 566 member House, which sets American Bar Association policy, approved a resolution calling for bar associations, lawyers, and judges to document the impact of cutbacks in judicial funding, and to create coalitions for adequate funding for the courts.

Tom Moo, Office Manager

www.moorefamilylawMN.com

 

 

Caring for a “Special Needs Child”

Thursday, October 20th, 2011

Individually, “Special,” “Needs” and “Child” are three easily defined words. Join them together in the term “Special Needs Child” and they suddenly defy a clear definition upon which everyone can agree.

The term “Special Needs Child” is a canopy covering a smorgasbord of diagnoses and situations. A child with special needs could be one with a simple learning disability or a severe mental retardation. It could designate a young person with anything from a food allergy to a terminal illness; a developmental delay that could correct itself or remain for a lifetime; occasional unwanted temper tantrums to deep seated mental health issues that could profoundly effect adult life. Generally speaking, the term designates children not fitting into the mainstream and requiring unique and out of the ordinary services, supervision, therapies, classes, foods, medications, etc.

Special Needs Children require the patience, understanding, sacrifice and time from those who care for them and love them most. This care can tax parents and families beyond their ability to cope and provide.

Meeting these special needs can be costly. Government programs, social security and insurance are available in some situations to assist with expenses. This requires significant documentation and much time.

If you are the parent of a child with any degree of special need make certain you have your child tested, evaluated and diagnosed.  Seek help from health care, educational and psychiatric professionals and follow their recommendations.  Keep detailed records of all reports, suggestions and expenses.

Most important of all, take care of your own health and emotional wellbeing, and encourage other family members and loved ones to do the same. Caring for special needs children requires maturity and the best of the human spirit. If your own life is not in order it will only exacerbate an already difficult situation, hindering you from giving your child the very best life they can experience.

Special Needs Children & Child Support: Part 3

Wednesday, October 12th, 2011

This is the third and final part of a three part blog discussing Child Support in divorce situations where Special Needs Children are involved. We are addressing three important questions that need to be considered when negotiating Child Support in such cases:

Can there legally be deviation from Child Support Guidelines in the case of Special Needs Children?

How should the additional costs of raising Special Needs Children be addresses within the Child Support Guidelines?

Are the guidelines and rules for the emancipation of Special Needs Child different from those for other children?

This blog briefly addresses question #3: Are the guidelines and rules for the emancipation of Special Needs Child different from those for other children?

The simple and straightforward answer is yes, they certainly are! The law is quite clear that a child emancipates once he reaches the age of majority, graduates from high school, or graduates from college. But the courts do not apply this law to special needs children. Emancipation occurs when a child moves beyond the sphere of influence and responsibility exercised by a parent, and achieves an independent status on his or her own.

The reality of life for most special needs children is that they may never move beyond their parent’s “sphere of influence”. Therefore, child support for a special needs child may continue for a very long time. A parent may be required to support a special needs child even though he may have reached the age of majority. If the special needs child is incapable of maintaining himself due to their illness or disorder, most judges will not declare the child emancipated.

Special Needs Children & Child Support

Friday, October 7th, 2011

This is the first of a three part blog addressing Child Support in divorce cases involving Special Needs Children.  The series will discuss three pertinent questions that need to be thoughtfully and realistically considered when negotiating Child Support:

Can there legally be deviation from Child Support Guidelines in the case of Special Needs Children?

How should the additional costs of raising Special Needs Children be addresses within the Child Support Guidelines?

Are the guidelines and rules for the emancipation of Special Needs Child different from those for other children?

This blog briefly addresses question #1:  Can there legally be deviation from Child Support Guidelines in the case of Special Needs Children?

In the case of Special Needs Children the Child Support Guidelines are inadequate.  They clearly fail to take into account for the expenses, and sometimes enormous expenses, needed to care for and raise Special Needs Children.  Child Support Guidelines were never intended to cover things like equipment, specialized therapy, medications, unique diets, special schooling and the higher tuition.  Applying the Child Support Guidelines in the case of Special Need Children would fall far short of covering the actual cost of their many and various needs.  It would be grossly inadequate and horribly unfair.

In divorce cases involving Special Needs Children the Child Support Guidelines might be a good point to begin negotiation, but certainly not the final answer.  And the good news is, the courts agree and specifically acknowledge in numerous cases that the guidelines fail to take into account the additional expenses that are incurred by a family that has a Special Needs Child.  Therefore, in this type of scenario, an above the amount guideline calculation should be negotiated by the attorney’s and ordered by the court.

Minnesota Attorney Writes on Compromise and the Law

Monday, August 29th, 2011

COMPROMISE, LAWYERS, AND THE LAW 

Minnesota State Bar Association (MSBA)

This article is my summary of one in Bench & Bar.  Bench & Bar  is the official publication of the Minnesota State Bar Association (MSBA)   I am drawing upon an article in the August, 2011 edition  regarding compromise in Minnesota Law, written   by Martin Cole,   who is the  director of the Office of Lawyers Professional Responsibility in Minnesota.    I’d like to express my thanks to Mr. Cole and all those who made his article possible.

 The best thing I can do with the article in question is to urge you to read it yourself if you are, or about to be, involved in a legal matter with an attorney. 

Compromise and the Law in MN

Mr. Cole is in favor of compromise in the judicial system in Minnesota.  Not to compare myself to him, but so am I.  Mr. Cole points out the opposition to compromise amongst politicians.  Compromise seems to be under attack from several quarters.  He points out that going to court and fighting to the bitter end can be a costly and stressful proposition which does not necessarily lead to victory.  He adds that part of the client – lawyer relationship is “the reasonableness of the client’s position.”  That’s a good thing for an attorney’s client to bear in mind.

 You Can Fight to the Bitter End, But…

It’s not unethical or illegal for a lawyer to fight it out to the end (bitter or not) for her client.  But there are limits:  in the Minnesota legal system, which we are concerned with here, there exist various rules regarding the merit of a claim, candor, fairness, respect for the rights of others, illegal conduct, and so on.

 The article concludes with the acknowledgement that compromise is not always possible; but that it needs to be an option that is open.  Read it!

 Thomas G. Moore

Office Manager

Moore Family Law, P.A.