Collaborative Law – An Alternative to Litigation

What is Collaborative Law? Collaborative law is an alternative to the traditional legal model where the parties agree to resolve their dispute without resorting to litigation. That’s right, imagine entering into an agreement to resolve your legal matter in good faith while saving the time and cost of going to court. It sounds very simple, but the collaborative process is quite structured which ensures the path to avoid litigation is adhered to. Collaborative law can be used in many areas of practice, including civil, probate, real estate and family law. Collaborative practice is especially useful for matters that are emotionally charged and revolve around interpersonal relationships. This could be close friends or family members who are having a business dispute, siblings fighting over the assets in their deceased parent’s estate, or parties who are unwinding their marriage. Is Collaborative Law Similar to Mediation? While both mediation and collaborative law fall under the blanket of ADR (Alternative Dispute Resolution), the two practices are very different. Collaborative law allows the parties with their collaboratively trained attorneys to commit at the onset of a case to stay out of litigation by creating a resolution that works for everyone. Mediation differs from collaboration as it employs a neutral third party. The neutral encourages the parties to come to their own resolution, but the matter itself remains under the courts and threat of litigation for any issues that are not resolved during the process. Another differentiating aspect between the two practices is that mediation does not employ any additional professionals necessary to assist the parties in areas related to their matter. For example, this could include a child specialist or property valuator, to name a few. A final difference is mediation will take anywhere between 3-8 hours on one day or at most, several hours spread over a few days while collaborative practice holds as many meetings as necessary that are focused but shorter in length to come to resolution on all issues. How Does Collaborative Law Work? Collaborative practice must be voluntarily entered into and the parties must both be on board to find a “workable, workable” solution. The specific tenants are as follows: The parties first sign an agreement describing the nature and scope of the matter and the duties and responsibilities of each party. The parties must voluntarily disclose all information which is relevant and material to the matter that must...
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Aging and Financial Abuse: What Can Happen and Steps to Prevention

No one wants to think about the aging process, let alone all the dangers associated with advanced age and living in today’s world. Education and planning are the two most important steps to preventing any type of issues in the future. Senior financial abuse scams are a multi-billion dollar industry. This type of abuse not only effects the senior individual, but also their families, their financial institutions, taxpayers and all the services that provide relief to the victims. A study was done in 2011 by MetLife Mature Market Institute and they estimated that the annual financial loss from senior financial abuse was 2.9 billion dollars! That number was based solely on the cases that made it to the media. Seniors are especially susceptible to fraud. This is because we tend to be more trusting as we age, we have more wealth accumulated by that time in our lives, and our worlds become smaller.  Generally, Seniors do not have contact with a wide variety of people and become secluded from the outside world. While this is a natural process that comes with age, it also provides opportunity for those who mean to cause us harm. All seniors are at risk for being targeted, but women account for the majority of these types of crimes. I am not convinced this will always be the trend but for now it is. That is due to the fact that women live longer than men, leaving them alone when their spouse passes, and elderly women in 2017 are from a generation where they are used to relying upon others in their lives to help them make important decisions. What Are The Common Types of Abuse? Financial abuse comes in a variety of forms but there are certain forms that present themselves over and over again and have become very commonplace.   Types of senior financial abuse include: 1.    Identity Theft and Credit Card Fraud 2.    Power of Attorney Abuse 3.    Reverse Mortgage Scams 4.    Living Trust and Annuities Scams 5.    Deed Theft and Foreclosure Rescue Scams 6.    Undue Influence 7.    Healthcare Scams Who Would Do Such a Thing? The perpetrators are not so easy to spot. They come dressed as your family member, friend, neighbor and people working in a professional atmosphere with ready-made deals, and ideas on how to invest money. When someone approaches an elderly person regarding: reviewing an estate plan, reverse mortgages,...
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How to Get The Most Out of Your Attorney

Choosing your attorney carefully is important. This choice should be based on several factors when interviewing, including: picking someone you like, who understands you and listens to you, who you can work well with, and someone knowledgeable about the particulars of your matter.  After signing the agreement, most clients hand the case off to the attorney and hope for the best. Today’s discussion is on strategies that are instrumental in getting the most out of your counsel. Telling the Truth:  This is the very most important component in your relationship with your counsel. The attorney must know everything in order to best represent you properly. Even if the information is embarrassing, or you are ashamed of something you did, or it was a long time ago, you must tell your attorney. Why? Because this is exactly the type of information that can and inevitably will come back to haunt you and can destroy your case. An attorney bases their legal arguments on the facts you provide them. If the attorney has only a portion of the facts, then the legal theories will not hold and the attorney cannot perform as they could have if they were given all of the information up front.  Additionally, the attorney/client relationship is built on trust. Trust goes both ways. If you lie, or choose to leave out information, that can hurt your relationship. You want your attorney to want to assist you, so keep them happy by being honest. Being a Teammate:  When you hire, you and your attorney are a team. Throughout your representation the attorney will have a variety of requests for you. Some common examples include: providing evidence, being ready to discuss your case, and showing up to court on time.  Whatever the request may be, you must comply promptly and thoroughly.  If you delay in providing your attorney with their requests, it could have horrible consequences on your case. Furthermore, delaying your attorney’s work schedule is extremely disrespectful and inconsiderate of their time. The last thing you want to do is make your attorney resentful of you and end up withdrawing from your case because they cannot rely on you or feel disrespected. Adhering to your Agreement:  When you hire an attorney you enter into an agreement, or contract. That contract will state the terms of your relationship including the work that is to be performed and the fees...
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Stepparents Supporting Stepchildren – Is There a Duty?

Combined families are the new norm. Maybe the notion is not new, but the once-called “traditional family” consisting of a married couple living with their own children is becoming obsolete. The traditional family certainly is the minority in the year 2016. With the changes to the family unit, the law also evolves as our laws are intended to protect and support. Most everyone is familiar with the idea that if you have a child, naturally or by adoption, you are responsible for supporting that child at least until they reach the age of majority. The rule gets blurry, however, when stepchildren are involved. For healthy development, a child requires emotional support just as much as financial support. Today, we will be looking at the laws in Arizona regarding the financial support of stepchildren and the duty stepparents are held to regarding support. For purposes of our discussion today, a stepparent is defined as the relationship formed when an individual marries the custodial parent of a minor child and resides with the child. Who Must Provide Support? Under common law, a stepparent has no duty to financially support a stepchild while married to the child’s natural parent. Grubb v. Sterrett, 315 F. Supp. 900 (D. Ind.), aff’d, 400 U.S. 922 (1970).  Natural or adoptive parents owe a duty to support their children. This duty cannot be displaced by the custodial parent’s re-marriage or by the cohabitation of that parent with another person. A.R.S. §12-2451(A); Barrett v. Barrett, 44 Ariz. 509, 39 P.2d 621 (1934). Twenty states have enacted statutes that impose a duty for stepparents to support a stepchild. While this may seem unfair, or wonderful depending on your circumstances, it is nothing more than codification of the in loco parentis doctrine that is already the law across every state.  Arizona has not adopted a statute but follows the in loco parentis doctrine. The doctrine states that if a stepparent takes stepchildren into his or her family or under his or her care in such a way that he or she places himself or herself in the place of a natural parent, he or she assumes an obligation to support the child and acquires a correlative right to their services. Harris v. Lyon, 16 Ariz. 1 (1914). In determining whether in loco parentis exists, the courts look at intent. In actuality, the simple act of taking a child into one’s...
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[video] The Power of Control in Wills and Trust Documents

One of the largest differences between a will and a trust is a trust must be funded in order to work. Funding the trust is the process of transferring your assets into the name of the trust so the trust becomes the owner. This is how all of your assets are pooled together for easy administration. Without funding, the trust cannot work effectively. Watch the video to learn more....
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