April 2019
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Eminent Domain | Family Law | Personal Injury
Family Law Is Emotional But It Doesn’t Have to Be Painful
Family law occupies an interesting space in the legal profession. It’s the most common type of case because everyone deals with family on some level. Most lawyers are asked to take on a family law case at some point, whether it’s their practice area or not. Even when I was a criminal defense attorney, I would get calls for family law cases. Despite the constant need for lawyers to handle family law cases, there are many attorneys who won’t touch them with a proverbial 10-foot pole. There’s a good reason for that. Family law cases can be stressful, emotionally-draining marathons for both the client and their lawyer. These are legal matters, to be sure, but there’s often much more involved than just the law. Navigating them well requires sensitivity to the emotions involved and objectivity regarding the rational (and probable) outcome of any given case. We approach family law cases in a similar way to how we prepare for personal injury cases. It may sound counterintuitive, but the best way to avoid going to court is to prepare for trial from day one. Your leverage in any legal matter is always going to be more important to the other side than what may happen in open court if they don’t settle. You have to adopt this mindset from day one. By preparing your divorce, custody, or other family law case as if it will be decided in court, you increase your odds of settling before trial. It may sound strange, but I’ve seen this play out time and again. Being prepared for trial forces you to “do your homework”when preparing case details, calms you down, increases your confidence, and forces the other side to give serious consideration to settling.
hearing”. At this hearing, the court decides who lives where, who can use certain assets, and who pays what bills (including child support and insurance) while the case is pending. You should take preparation for this hearing very seriously because it establishes a precedent for decisions that may become finalized in the event of a trial. Additionally, after getting a taste of the time, stress, and expense involved in going to court and testifying at a temporary orders hearing, many people decide they’d rather settle than return to court. In that sense, a temporary orders hearing often becomes the “trial” of the case. Another unique quirk of family law cases is that they often involve the distinct but related issues of “kids” and “stuff.”The first area, child custody, needs to be handled quickly to ensure stability and protect the best interest of the child. When it comes to asset division, there is more latitude and time to discuss and negotiate. It’s important to understand that, while they are not the same thing, these two areas affect each other. The assets you receive will impact the quality of care you can provide, especially if you are a nonworking parent. Similarly, the child care arrangement you end up with affects the assets you will need to provide for your kids. Keep in mind that, whether kids are involved or not, asset division will determine your options as you move forward after your divorce. Your attorney should be sensitive to the emotions involved in these cases while also providing you with objective, clinical advice. No matter how much you may think you deserve to take your soon-to-be ex for everything they’re worth, or how much you wish the other parent could never see the kids again, the fault of a divorce rarely lies entirely with one party. Pursuing a “scorched earth” policy in family law usually only creates psychological and financial damage to the adults and children involved. A
lawyer can’t and shouldn’t serve as a therapist, so we are happy to point you toward the mental health providers we know and trust. If you’re going into a family law case to extract pain and suffering from your ex, we are not the right firm for you. If, however, you just want to provide the best possible future for yourself and your kids, then you should consider contacting us. I also recommend you consult the free guide I’ve written on the topic, “The Texas Divorce Survival Guide,” by visiting our website at DavidToddLaw.com. Even if you’re not married, if you’re going through a breakup that involves shared children, you will benefit from reading it.
-David Todd
If you do go to court for your family law case, it is usually for what is called a “temporary orders
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AND HOW TO SPOT THEM The 2 Most Common Ways Criminals Steal From Seniors
understand that it is never safe to give out financial information over the phone or via email.
Scamming older adults has become big business. According to the American Journal for Public Health, an estimated 5 percent of seniors are hoodwinked by criminals every year, and that statistic is thought to be a steep underestimate since so many scams go unreported. To stem the tide of seniors unknowingly giving $36 billion to scammers annually, it’s important for retirees and their loved ones to get savvy on the subject.
COMPUTER SOFTWARE SERVICE FRAUD This type of scam is slightly more sophisticated. First, a hacker will call a victim and claim to be a member of a tech support team or an employee from a trusted company like Microsoft or Apple. Then, they’ll tell the victim there is a problemwith their phone or computer and that if they cooperate with the“tech support”representative, they can sort it out. They may also ask you to install a piece of software on your device or provide credit card information to“validate your software.” The fact is that well-known tech companies will never send unsolicited emails to ask for your personal or financial information, and they definitely won’t ask you to install some shady software on your computer. If you ever receive a call out of the blue from“Microsoft,” hang up the phone immediately. The first step to stopping these criminals in their tracks is to be aware of their tactics. With these tips in your arsenal, you’ll be able to defend yourself and your bank account effectively.
Here are the two of the most common scams older folks fall prey to — and how to avoid them.
ADVANCED FEE FRAUD The most common con in 2017 and 2018 was the classic “You’ve won a sweepstakes!” scam. Victims are told they’ve won some exorbitant amount of money, but they must pay a fee to receive the prize. After the “fee” is paid, victims receive a fake check in the mail, but by the time it bounces, the scammers are gone and they’ve taken the money. If you ever receive a contract from an unknown entity out of nowhere, you should start seeing red flags. Unless you remember entering a contest, there is no chance you’ve won something. And it’s vital to
Exploring the Crimes of Antarctic Wildlife LEGAL CASE STUDY: ADÉLIE THE ROCK THIEF
On an island off the coast of Antarctica, a BBC film crew caught footage of a naughty penguin engaging in criminal activity. In the video, as one male Adélie penguin leaves his nest to search for additional rocks to add to it, his neighbor waddles over, removes a rock from the nest, and carries it back to his own. When the first penguin returns from his search, his neighbor plays it cool, but at each opportunity, he repeats the crime and steals his neighbor’s rocks. While animals aren’t actually subject to legal action, and the Adélie penguin was only behaving according to natural instinct, the fine writers for the
result in additional charges. So, since the neighbor penguin takes a rock, leaves the scene of the crime, and returns, he could be found guilty of multiple theft charges. If he’d decided to go big and take his neighbor’s entire nest at once, he might’ve been charged with grand theft.
Now, if the penguin who was stolen from had used force to protect his precious nest rocks, the case would be complicated even further. Allowable force is generally limited in cases of theft. To prove self-defense, the victim penguin would have to show there was a threat of force against him, that he didn’t provoke the neighbor penguin in any way, and that he didn’t have the option to escape. From a legal perspective, it was probably best that the victim penguin didn’t use force. For now, we’ll leave the Adélie penguins to their nest-building business and save the legal cases for the human world.
blog Legal Grounds point out that the rock thief situation presents an interesting legal case study.
By taking his neighbor’s rock and putting it in his own nest, the neighbor penguin committed an act of theft. Theft is defined as “the taking of someone else’s property with the intent to permanently deprive the victim of that property.” In some places, when a thief leaves the scene of the crime, the theft is considered complete. If the thief returns and steals additional items, that could be considered a new crime and
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TAKE A BREAK
The Best Opening Days in Baseball History PEANUTS AND CRACKER JACKS Baseball’s opening day has been an American holiday of sorts since the Cincinnati Red Stockings threw out the first major league pitch in 1869. To celebrate the start of the 150th season of professional baseball, here are three of the best opening days in baseball history. A NEW BEGINNING On April 15, 1947, an opening-day game changed the course of Major League Baseball. On this day, Jackie Robinson started for the Brooklyn Dodgers, becoming the first African-American player to start for a major league baseball team. Robinson’s historic showing was lackluster, going 0-for-3 at the plate and making a solid showing on the infield at first base, but his mere presence in a Dodgers uniform had already broken history. Despite his nationally- recognized skills — Robinson was named MVP of the MLB farm team league in 1946 — the backlash that followed his rise to the pros, both from fans and teammates, was palpable. Still, as well-known sportscaster Howard Cosell said, “Suddenly, it was a new beginning.” LOU, COMBS, AND BABE — OH MY! Considered one of the best teams in baseball history, the 1927 New York Yankees started their historic run and 25th season by dismantling the Philadelphia Athletics with a score of 8-3. The slugfest was true to form for the 1927 Yankees, whose players would go on to make up baseball’s famous “Murderers’ Row.”With sluggers like Lou Gehrig, Earle Combs, Babe Ruth, Mark Koenig, Bob Meusel, and Tony Lazzeri, it’s no wonder this team went on to win its fifth championship that year. THE HAMMER TIES BAMBINO For decades, no one could match George Herman Ruth. The Great Bambino’s all-time home run record seemed like an impossible feat of strength — that is, until Henry “Hammerin’ Hank” Aaron came along. On opening day, April 4, 1974, Aaron smashed his 714th homer, tying Babe Ruth for the most home runs ever hit and extending the Atlanta Braves’ shutout lead over the Cincinnati Reds. A few weeks later, Aaron surpassed Ruth’s record, prompting a standing ovation from the crowd.
PASTA PRIMAVERA
Ingredients
• 12 ounces pasta, ideally fusilli • 1/2 pound broccoli florets • 2 carrots, shredded • 1 yellow bell pepper, cut into strips • 1/4 cup extra-virgin olive oil • 4 cloves garlic, thinly sliced
• 1 pint cherry tomatoes, halved • 1/2 teaspoon crushed red pepper flakes • 1/2 cup grated Parmesan cheese, ideally Parmigiano- Reggiano • Kosher salt, for pasta water and to taste
Directions
1. In a large pot, liberally salt water and bring to a boil. Add fusilli and cook according to package directions. Add broccoli, carrots, and bell pepper during the last 2 minutes of cook time. 2. Drain the pasta and veggies, reserving 1/2 cup of cooking liquid. Return pasta and veggies to pot. 3. In a large skillet, heat olive oil to medium heat. Add garlic and cook until translucent and golden, 30 seconds. Add tomatoes, red pepper flakes, and 1 teaspoon salt. Cook until tomatoes are wilted, about 2 minutes. Stir in reserved pasta water. 4. Add tomato mixture to pasta pot, stirring to coat evenly. 5. Divide into bowls, top with Parmesan cheese, and serve. Inspired by Food Network
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Eminent Domain | Family Law | Personal Injury
3800 N. Lamar Blvd. STE. 200 Austin, TX 78756
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INSIDE THIS ISSUE
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The Emotional Complexities of Family Law Cases
2 Tactics Criminals Use to Steal From Older Adults A Chilly Legal Case Study Pasta Primavera 3 Great Opening Days in Baseball
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3 Hilarious April Fools’ Pranks Played by Businesses
COMPANIES THAT PARTICIPATE IN APRIL FOOLS’ DAY 3 Hilarious Pranks Played by Businesses
BURGER KING’S CHOCOLATE WHOPPER Just last year, Burger King fooled hungry customers by creating the Chocolate Whopper. The imaginary fast-food treat is made with chocolate cake buns, a chocolate “beef” patty, raspberry syrup as the ketchup, rings of white chocolate as the onions, milk chocolate as the lettuce, vanilla frosting as mayo, and candied blood oranges as the tomatoes. This prank was quite a creative feat by Burger King staff, and
April Fools’ Day might be the only appropriate time of year for you to prank your friends or coworkers with gags like dipping an onion in caramel and offering it as a candy apple or loosening the tops of the salt and pepper shakers. It’s also the one day of the year when big companies get to join in the mischief as well. Check out these company-wide April Fools’ jokes that left millions of people scratching their heads. NETFLIX’S PSA In 2015, everyone’s favorite online streaming company issued a PSA that warned binge- watchers all over the world of the social, physical, and psychological dangers of watching too much TV. In fact, if viewers watched more than two consecutive episodes of a show on April 1, they were greeted with a PSA from popular actors, like Michael Kelly from “House of Cards” or Taylor Schilling from “Orange Is the New Black.” Some stars even told Netflix users to “Turn off the TV and take a shower. You stink!”
merely watching the advertisement spiked glucose levels everywhere.
EHARMONY’S ‘FUREVER LOVE’ DATING SERVICE FOR DOGS Perhaps the most wholesome prank that’s ever been peddled to the masses was the launching of eHarmony’s FURever Love: Canine Compatibility Companion Service. The dating website claimed that based on the algorithms they use for creating compatible human relationships, they built this service to “create robust profiles for dogs based on key dimensions of their personality.” The biographies they created for the pups’ profiles included canine mate preferences, like “Looking for a tug-o-war partner,”“Must love squirrels,” and “It’s been ruff finding a quality stud to go on walks with.” While these April Fools’ Day jokes were all made in jest, the pranks certainly kept audiences guessing long after April 1 had passed, and it’s not hard to see why.
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