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6 Ways Your Lawyer (and You) Can Screw Up Your Family Law Case

While medicine has the Hippocratic oath, there is nothing similar that applies to the legal profession, “And that’s a pity,” observes San Diego lawyer and divorce mediator Shawn Weber.

“Not only divorce, but across the board, so often our profession does more harm than good. Lawyers rationalize behavior that is criticized by judges as mean, unnecessary and calculated to inflame the situation instead of helping the parties achieve a fair resolution.

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“In the name of ‘zealous advocacy,’ especially in family law matters, the legal profession often succeeds in inflicting lifelong harm to spouses and children. There is a reason people call us sharks. I want us to become more like dolphins,” Weber says.

“However,” he believes, “There are steps that clients can take which will minimize a result so negative that relations are damaged permanently, where the parties will not walk away feeling bitter about each other and our system of justice.

“It starts with taking an active role and not merely ‘just going along’ with whatever your lawyer wants.”

He points out six mistakes clients often make that frustrate a better outcome in any type of case, from divorce to a business dispute.

Mistake No. 1: Don’t concern yourself with your dispute resolution model. Just let your lawyer pick it for you.

Consequences: Attorneys have a vested interest in charging as high a fee as possible and will direct you toward the process that will yield the most billable hours at your expense. Not every family or business dispute requires marching off to court. There are other paths to resolution that lawyers should discuss with their clients, such as:

  • Negotiation: The parties themselves attempt to resolve the issues. There is no third party involved to help find a solution. Success depends on each coming to the negotiation with a good faith desire to work together for a mutually satisfactory outcome.
  • Collaborative Law, also called, Collaborative Divorce: Each party has a lawyer who works with the other side in an effort to resolve the issues. Typically, if there is a failure to settle the matter, the lawyers end their representation of the clients, who must then start over with new attorneys. This typically saves a great deal of money, and with lawyers who have good client control, cases get settled in much less time than by going into court.
  • Mediation: There are two types of mediation and mediators, facilitative and evaluative. A facilitative mediator helps the parties discuss the issues and, hopefully, reach a mutually acceptable solution. Evaluative mediators propose actual dollar-and-cents solutions in addition to facilitating discussion.
  • Arbitration: Most often voluntary, though it can be required in certain types of contracts, a third party – often a retired judge – is hired to reach a decision and issue an enforceable order.

You might have heard the old saying, “If the only tool you had was a hammer, then you would only see nails!”

Mistake No. 2: Let your attorney call all the shots and just go along when they start taking extreme measures rather than encouraging them to seek a creative and non-adversarial approach to resolve the issues.

Consequences: Most attorneys are trained in the adversarial model, which means that all of your interactions on the case will be negative. Result? You will stay up nights, thinking of how angry you are at the other person and at the system. In many cases your attorney will go into “shark mode” leading to:

  • Expensive and often unnecessary formal discovery, depositions, subpoenas of records, expert witnesses, psychologists and much more. In most divorce cases, this produces little information of real value. 
  • Unhelpful stonewalling tactics. In all types of litigation, when required to reveal the details of your entire life, most lawyers will instruct their clients to give up as little as possible. And remember, you are paying for this behavior that typically provides little help in resolving the matter.
  • Ex parte motions. These are often intended to harass the other side or create issues to litigate later at trial, often intended to just stir the pot.

Mistake. No. 3: Seek “justice” at whatever cost. Stick to all of your principles, and compromise on nothing! Tell your lawyer that it’s not about the money but about the principle.

Consequences: Most likely, you will not reach a settlement. While principles are important, so too is recognizing that compromise is part of human nature.

We should be fair to each other, but merely because I think something is fair does not mean that you are obligated to agree. Like beauty being in the eye of the beholder, so too is fairness – and the judge may not see things your way. This is where a mediator can help focus on proposals that address the parties’ interests and needs.

Mistake No. 4: Make sure that you win at all costs! Don’t let the other side win on anything!

Consequences: You will not reach a compromise and be under the delusion that when the other person is getting something that they want, it is bad for you. This known the False Binary of Victory, and in family law or the business world it is one of the most destructive attitudes to have.

Instead, seek ways of collaborating for a win-win. It has been well established, both anecdotally and through research, that when the parties feel they have worked together to solve a problem, agreements they have reached will be honored.

Mistake No. 5: Do not concern yourself with the other person’s interests or needs. Only worry about what you want. And make that clear to everyone.

Consequences: You will appear selfish and will ultimately undermine yourself. Your credibility is boosted when you show an understanding of the other side’s concerns and a desire to help achieve a result that benefits everyone.

Mistake No. 6: Don’t worry about the future, only raise past wrongs!

Consequences: Living in the past will not help to make your present or future any better!

Unless they pose a current risk to children or financial issues, lawyers and mediators don’t want to hear, “Five years ago he yelled at my mother!”  Rather, it is so much more productive to address current issues and items – such as the kids’ education or business decisions – that will be taking place in the near future.

Articulate what you want and need moving forward.

Don’t be the airplane that circles the airport but never lands. Both sides need to seek resolution – not just saying yes without meaning it, but a well-considered yes. And do not allow your lawyer to agree or not agree for you. It is your decision.

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What Is the Average Monthly Grocery Bill for One Person?

Everyone buys groceries, but how much should an individual or household spend on food each month? Food is the third largest expenditure for Americans, and for those looking to cut costs, it can be a place where reductions are possible with some planning and budgeting. In 2020, Americans spent an average of 8.6% of their […]

The post What Is the Average Monthly Grocery Bill for One Person? appeared first on SoFi.

The Cost of Living in Indiana in 2022

Your dollar will go a long way in this state.

The post The Cost of Living in Indiana in 2022 appeared first on The Rent. Blog : A Renter’s Guide for Tips & Advice.

Thousands of flights delayed as biggest crowds in years hit airports – The Points Guy

With U.S. transit officials keeping a close eye on airline performance this Fourth of July weekend, Mother Nature did not help operations. Flight

24 Companies That Pay Off Student Loan Debt (as an Employee Job Perk)

Struggling with student loan debt? Learn about the top national employers that help to pay off student loans for their employees.

COVID-19 And Its Impact On The Real Estate Market

As investors and home buyers are re-evaluating and sellers remain unsure of what’s next, it’s important to understand how the Coronavirus has impacted the industry, but also how real estate professionals are working to mitigate the impacts.

The post COVID-19 And Its Impact On The Real Estate Market appeared first on Homes.com.

IRS Increases Mileage Rates Because of High Gas Prices

In response to rapidly rising gas prices, the IRS took the unusual step of increasing the standard mileage rates in the middle of the year (they’re normally adjusted for inflation only once per year). The mileage rates that were raised are used to calculate tax deductions for the use of an automobile (i.e., a car, pickup truck, or van) for business, medical, and certain moving expenses. The new rates apply from July 1 to December 31, 2022, while the previously established rates apply for the first half of the year.

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Three of the four mileage rates increased by 4¢ per mile (one of the rates didn’t change at all). For the second half of 2022, the standard mileage rate for business use of an automobile increased from 58.5¢ to 62.5¢ per mile. The rates for deductible medical travel and moving expenses for active-duty members of the military rose from 18¢ to 22¢ per mile. The mileage rate for charitable use of a passenger car remains at 14¢ per mile, since it’s fixed by law and not subject to adjustments for inflation.

Standard Mileage Rates for 2022

Deduction

January to June 2022

July to December 2022

Business Use

58.5¢ per mile

62.5¢ per mile

Medical Travel

18¢ per mile

22¢ per mile

Military Moving Expenses

18¢ per mile

22¢ per mile

Driving for Charity

14¢ per mile

14¢ per mile

In addition to calculating business expense deductions, the mileage rate for business use is also used by the federal government and many businesses to reimburse employees for the business use of their personal vehicle.

Tax Deduction for Business Use of a Vehicle

Any self-employed person who makes deliveries, drives to a client’s location or otherwise uses a personal car, van or truck for work-related purposes can claim a tax deduction for the business use of their vehicle. There are two ways to calculate the deduction – you can use the standard mileage rates listed above or your actual car expenses.

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If you opt to use the actual expense method, simply add up all your car-related expenses for the year – gas, oil, tires, repairs, parking, tolls, insurance, registration, lease payments, depreciation, etc. – and multiply the total by the percentage of total miles driven that year for business reasons. For example, if your total annual car costs are $5,000 and 20% of your miles were for business, then your deduction is $1,000 ($5,000 x .2).

Note that the itemized deduction for unreimbursed employee travel expenses has been suspended until the 2026 tax year. So, the business standard mileage rate can’t be used by employees to claim a deduction for their work-related travel costs. However, “above-the-line” deductions for business-related expenses were not suspended. So, for example, members of the National Guard or military reserves, state or local government officials paid on a fee basis, and certain performing artists can still deduct unreimbursed employee travel expenses and use the business standard mileage rate.

Tax Deduction for Medical Travel

If you itemize deductions on your tax return, you can deduct unreimbursed medical expenses that exceed 7.5% of your federal adjusted gross income. The list of medical expenses that qualify for the deduction is long and includes obvious expenses, such as those for doctor bills, medicine, blood tests, bandages, crutches, dental work, oxygen, nursing care, and the like. But it also includes the cost of transportation primarily for, and essential to, medical care.

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If you use your own automobile for medical travel, you can deduct actual out-of-pocket expenses such as the cost of gas and oil, but you can’t include depreciation, insurance, general repair, or maintenance expenses. As with the deduction for business use of your car, you can elect to use the standard medical mileage rates above instead of using your actual expenses. Either way, you can tack on parking fees and tolls, too.

According to the IRS, expenses you can’t deduct include:

  • Going to and from work, even if a medical condition requires an unusual means of transportation;
  • Travel for purely personal reasons to another city for an operation or other medical care.
  • Travel that is merely for the general improvement of your health; and
  • The costs of operating a specially equipped car for other than medical reasons.

Tax Deduction for Moving Expenses of Military Personnel

It used to be that anyone could deduct job-related moving expenses if your new workplace was at least 50 miles farther from your old home than your old home was from your old workplace. However, the 2017 tax reform new tax law killed the moving expense deduction, but with one significant exception – if you’re an active member of the U.S. Armed Forces, the cost of any move associated with a permanent change of station is still deductible if the move was due to a military order. This benefit for military families includes a move from your home to your first post of active duty, a move from one permanent post of duty to another, and a move from your last post of duty to your home or to a nearer point in the U.S.

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You can write-off the unreimbursed costs of getting yourself and your household goods to the new location. If you drive your own car for a move in 2022, use the standard mileage rates above plus what you paid for parking and tolls. When it comes time to file your tax return, use Form 3903 to tally your moving deductions.

Tax Deduction for Charitable Use of a Car

Most people are generally aware of the charitable tax deductions available to people who itemize, but there’s an often-overlooked aspect of the deduction. In addition to donations of cash or unused items in your home, you can also deduct out-of-pocket costs incurred while doing work for a charity. This includes the costs associated with driving your car for charity. For example, you can deduct car expenses if you use your own vehicle to transport food and supplies to a nonprofit organization’s soup kitchen.

As with the other car-related expenses discussed above, you can either track your actual costs or use the standard mileage rate to calculate your deduction. And, of course, don’t forget to add the cost of parking and tolls.

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Stock Market Today: Stocks Catch a Second Wind to Start Second Half

U.S. equities managed to escape negative territory Friday and finish in the black despite some downbeat economic data – a welcome beginning to 2022’s second half after a dreadful performance through the midway point.

Front and center Friday was the Institute for Supply Management (ISM) manufacturing index, which delivered its weakest reading in two years. The index’s June reading of 53.0, which was down considerably from May’s 56.1, fell well below economists’ forecasts for 54.5 and marked its lowest point since June 2020.

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“The new orders component was particularly rough,” say Wells Fargo economists Tim Quinlan and Shannon Seery. “It slipped 5.9 points to 49.2, which marks the first contraction reading since May 2020, when the economy was coming out of pandemic-related lockdowns.”

The pair add that while the report demonstrates slower manufacturing activity, supply problems are continuing to ease. “In short, the report piles onto weaker consumer data received this week and signals investment spending is starting to weaken too.”

From a sector standpoint, utilities (+2.5%) and real estate (+1.8%) were among Friday’s biggest winners as investors appeared to chase yield. But the most noteworthy individual equities were heading in the other direction. Kohl’s (KSS, -19.6%) plunged after announcing it had ended its attempts to sell the company, putting the kibosh on Vitamin Shoppe owner Franchise Group’s plans to buy the struggling retailer. Kohl’s also reduced its second-quarter sales forecast.

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Meanwhile, computer memory firm Micron Technology (MU, -3.0%) warned that it expected its components for smartphones to decline by 5% year-over-year, and PC products to decline 10%. That weighed on the entire industry, as shown by an 3.5% decline in the iShares Semiconductor ETF (SOXX).

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The broader markets, however, shrugged off early-session declines and finished with decent gains to kick off 2022’s second half. The Dow Jones Industrial Average was up 1.1% to 31,097, the S&P 500 improved 1.1% to 3,825, and the Nasdaq Composite climbed 0.9% to 11,127.

And remember: It’s a long weekend for investors, with the stock and bond markets both closed Monday for the Fourth of July.

YCharts

Other news in the stock market today:

  • The small-cap Russell 2000 gained 1.1% to 1,726.
  • U.S. crude oil futures rebounded by 2.5% to $108.43 per barrel
  • Gold futures, which momentarily dropped below the $1,800 mark, finished Friday down 0.3% to $1,801.50 per ounce.
  • Bitcoin recovered by 2.5% to $19,359.05 (Bitcoin trades 24 hours a day; prices reported here are as of 4 p.m.) 

Deals Have Gone Dormant

The possibility of recession isn’t just being felt in stock prices – it’s also being felt in dealmaking. Well, to be precise, a lack thereof. Says Quincy Krosby, chief equity strategist for independent broker-dealer LPL Financial: 

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“As fears of an imminent recession rise, de-risking in capital markets continues as SPAC (Special Purpose Acquisition Companies) deals, which enjoyed tremendous investor enthusiasm while real rates were negative, continue to unwind. The IPO (initial public offering) calendar remains on hold until markets stabilize and risk appetite returns. Similarly, volume in private equity deals, as well as merger-and-acquisition announcements, have slowed as the overall investing environment faces a host of challenges associated with the global campaign to curtail inflation.”

The fix for that could be the very same thing that would help the stock market get back on its feet: a better-than-expected second-quarter earnings season.

That kind of upside surprise, of course, is no guarantee. So for now, caution is key – and investors looking for a little protection have a wealth of options. These 10 defensive ETFs, for instance, have widely outperformed the broader market and offer stability for anyone expecting more turbulence before the skies finally clear.

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