If you have no children and limited assets, try the Court Services Center, located in court houses throughout the state. The people there work to shepherd the litigants representing themselves through the system as they get divorced. I have done these for under $1,000. Which can be split.
For those who do have some money and or children but are able to talk to and compromise with their spouse I have been able to get a number of couples divorced using mediation. Both Husband and Wife hire me, not as their legal counsel, but as someone they can both use in coming to a conclusion on a deal and preparing the paperwork. If requested I can even go to court on the day of the divorce. I have done these for under $1,500. Which can be split.
For those who can’t deal with their spouse, mediation can often be the solution as well. Sometimes I can get the parties to see that spending lots of money on lawyers is not the answer. Rich or poor it is a negative way to go. Especially where there are children the parents need to find a way to work things out.
Tuesday, October 21, 2014
Monday, October 13, 2014
We Sue Doctors. We Sue Hospitals.
A man travels to Africa, comes home to the US, ends up in a hospital with a fever. Yes, of course we believe he should be checked for Ebola. Is the failure to do so malpractice? Seems pretty obvious to me that it is, but the real question is what is the standard of care in a hospital setting. It is not what I think but what other similarly situated medical care providers would say is normally done. That is the standard – medical professionals must provide reasonable care when compared to what other professionals do. It does not have to be the best, it just has to be reasonable.
Tuesday, October 7, 2014
Should Melissa Rivers sue Joan River's doctors for Medical Malpractice?
Well they are still talking about it. Should Joan Rivers daughter (really Joan's estate) sue River's doctors for Medical Malpractice? No surprise, but I say yes if it is clear negligence with clear damages.
My bottom line is that if a professional commits malpractice then their insurance company should pay reasonable (real) damages. Malpractice is simply negligence. We are not surprised when reasonable real damages are paid by the driver's insurance company after a car accident. If a driver screws up and someone is damaged, then insurance pays. If a doctor screws up, then insurance should pay.
We sue professionals for real damages caused by negligence. We sue lawyers. We sue accountants. We sue dentists. We sue hospitals. We sue doctors. We sue nursing homes. And we are proud of the work we do in demanding compensation for victims of professions malpractice.
My bottom line is that if a professional commits malpractice then their insurance company should pay reasonable (real) damages. Malpractice is simply negligence. We are not surprised when reasonable real damages are paid by the driver's insurance company after a car accident. If a driver screws up and someone is damaged, then insurance pays. If a doctor screws up, then insurance should pay.
We sue professionals for real damages caused by negligence. We sue lawyers. We sue accountants. We sue dentists. We sue hospitals. We sue doctors. We sue nursing homes. And we are proud of the work we do in demanding compensation for victims of professions malpractice.
Tuesday, September 16, 2014
Joan Rivers’ Doctor Faced a Past Malpractice Suit
We sue professionals. We sue doctors. We sue lawyers. It was recently reported that one of Joan Rivers doctors had faced a prior malpractice suit. Although we clearly believe professionals (including doctors) should be held responsible for negligent conduct, most prior claims of malpractice are not relevant to a different claim of negligence. Unless the prior claim of malpractice involved the same error it is of little value and many courts will say it is entirely irrelevant.
Why?
If I ran a stop sign 4 years ago it does not indicate a propensity to speed. I am not sure it even indicates a propensity to run stop signs. I made a mistake once. I should be liable for damages caused by my negligence (mistake) but it does not mean in a case involving speeding that it is at all relevant to say 10 years ago I ran a stop sign. Yes of course if I ran a stop sign at 4pm telling the officer I was late for a 5 pm meeting. If I then was speeding and caused an accident to happen, it would be relevant. But not if it happened many hours earlier or many years earlier.
So bottom line is that although it may be interesting to lay people to hear more about the players in a current story about a star, it is of no significance in a claim of malpractice.
Why?
If I ran a stop sign 4 years ago it does not indicate a propensity to speed. I am not sure it even indicates a propensity to run stop signs. I made a mistake once. I should be liable for damages caused by my negligence (mistake) but it does not mean in a case involving speeding that it is at all relevant to say 10 years ago I ran a stop sign. Yes of course if I ran a stop sign at 4pm telling the officer I was late for a 5 pm meeting. If I then was speeding and caused an accident to happen, it would be relevant. But not if it happened many hours earlier or many years earlier.
So bottom line is that although it may be interesting to lay people to hear more about the players in a current story about a star, it is of no significance in a claim of malpractice.
Thursday, August 21, 2014
Celebrating 13 Years
13 years ago in August it was me plus one lawyer and one assistant. Today we are 6 lawyers and 3 assistants plus a team of consultants and offsite workers. Technology now allows us to work from anywhere, our phones are desktops, and we are organized in ways I never imagined when I started practicing law 37 years ago. Feels like real progress as we stay on the cutting edge. I am proud of what we accomplish with our clients, where we are today, of our incredible team and I look forward to many tomorrows.
Bruce STANGER Managing Member and Founder
Bruce STANGER Managing Member and Founder
Sunday, August 17, 2014
Conflicts of Interest
It's the cover up not the deed that get so many in trouble.
Lawyers have a general obligation to stay on the correct side of conflicts of interest. From the attached article it appears to be the lack of a frank and open disclosure that got this lawyer in trouble. If your attorney appears to have a conflict of interest, or somehow not making your interests the most important expect a full and frank disclosure. Ask your lawyer if you have any concerns. It may simply be a misunderstanding. A client can even waive certain conflicts, but the waiver has to be based on complete knowledge and often should include advice from your lawyer to consult with an independent lawyer. You are not expected to know the difference between a conflict that can be waived and one that cant.
Call us if we can help. We don't mind going after another lawyer, it is only fair that the public have lawyers who are willing to call another lawyer on the carpet if they screwed up.
Lawyers have a general obligation to stay on the correct side of conflicts of interest. From the attached article it appears to be the lack of a frank and open disclosure that got this lawyer in trouble. If your attorney appears to have a conflict of interest, or somehow not making your interests the most important expect a full and frank disclosure. Ask your lawyer if you have any concerns. It may simply be a misunderstanding. A client can even waive certain conflicts, but the waiver has to be based on complete knowledge and often should include advice from your lawyer to consult with an independent lawyer. You are not expected to know the difference between a conflict that can be waived and one that cant.
Call us if we can help. We don't mind going after another lawyer, it is only fair that the public have lawyers who are willing to call another lawyer on the carpet if they screwed up.
Wednesday, August 13, 2014
Email Best Practices for Lawyers to Avoid Malpractice Exposure
In this fast paced world of text and e mail expect your lawyer to be careful. But beware a fast pace makes for errors. One area of malpractice by lawyers is the use of e mail or text which when sent without thinking or double checking can go to the wrong person, not include someone that should be included or not get where it was intended.
Sending something that is confidential over e mail is accepted in most circumstances but if sent to the wrong person it can do serious damage. When a lawyer represents the wife, an e mail intended for the lawyers client which is accidently copied to the husband’s lawyer about those pictures of the husband or of the wife in a compromised situation will be used by the other side. There are rules about giving back that which was accidently sent to the other lawyer, but those rules may not save the day.
So expect your lawyer to double check before sending and to be careful generally with your confidential information. If he or she screws up and you are damaged give us a call we will fight to set things right.
Sending something that is confidential over e mail is accepted in most circumstances but if sent to the wrong person it can do serious damage. When a lawyer represents the wife, an e mail intended for the lawyers client which is accidently copied to the husband’s lawyer about those pictures of the husband or of the wife in a compromised situation will be used by the other side. There are rules about giving back that which was accidently sent to the other lawyer, but those rules may not save the day.
So expect your lawyer to double check before sending and to be careful generally with your confidential information. If he or she screws up and you are damaged give us a call we will fight to set things right.
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