February 25, 2012 by Carl G. Archer, Esq..

Asking Questions on Avvo: Illustration by Example

I’m going to make my point just by showing you a few things. Let me first make clear that I really like Avvo and I think sometimes it even helps people out. I also like it because they get a ton of traffic and their visibility is wonderful.

But watch this. Here is an excerpt from the terms of use on Avvo, put in very tiny print so that it doesn’t take up the whole page:

9. No Attorney Client Relationship
Information posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively “Legal Information”) is not intended to create an attorney client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney client privilege. Company does not select, screen, approve, endorse or limit who can post Legal Information, including those who contribute responses to Avvo Answers and Avvo Legal Guides (”Contributors”). Designation as a Contributor at a particular level is based solely on the number of contributions made and user ratings as to helpfulness of such contributions and does not reflect any endorsement or approval by Company. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Legal Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Legal Information or the qualifications of those posting Legal Information. AVVO SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.
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And yet, when you ask a question, you will often see this as a substantial portion of the answer:

LEGAL DISCLAIMER
[Attorney] is licensed to practice law in [state or states]. [Attorney’s] response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. [Attorney] strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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February 25, 2012 by Carl G. Archer, Esq..

N.J.S.A. 46:8 19 is where you can find what is called the Rent Security Deposit Act in New Jersey.

The Rent Security Deposit Act requires the landlord to put your security deposit in a separate bank account that pays interest. The landlord must tell you in writing the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of account, and the current interest rate for that account all within 30 days of getting it from the tenant, and annually thereafter.

If the landlord does not comply, the tenant can give the landlord written notice telling the landlord to use the deposit, plus seven percent interest per year, toward the rent. This is nice to know because it protects tenants from landlords who might run off with the tenants’ money.

But please be careful: when you use this act as a “sword” rather than as a “shield,” being aggressive (or worse, being a bully and using it as a “club!”) you take the grave risk of alienating your landlord. And unless you’re looking to move anyway, think twice before making an enemy out of your landlord.

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February 25, 2012 by Carl G. Archer, Esq..

Here are some other topics you might see addressed in a PSA:

Health Insurance
Disposition of the Marital Home
Pension Plans
Tax Issues
Future Dispute Settlement

Health insurance becomes an issue if only one party has access to it, or if children are involved. Pension plans and tax issues are often dealt with in conjunction with the equitable distribution of property (see last post). Disposition of the marital home is sometimes a little trickier, because it is often the parties’ largest asset, and often one or both parties for many reasons do not want the home sold (for stability, or because it will continue to appreciate, or for children).

Among the most important provisions of a PSA is that of future dispute settlement. Divorcing couples will have disputes; that is often why they divorced in the first place. A well written PSA can minimize the number of times that those disputes end up in Court, where neither side is liable to get the kind of results they want, and lawyers will become expensive in a hurry. A PSA that notes a neutral third party and ways that the two ex spouses can address their complaints is one that will save the parties thousands in legal fees, and hours of headaches, down the line.

Posted in Family Law | Comments Off

February 25, 2012 by Carl G. Archer, Esq..

These are some of the issues you might see addressed in a property settlement agreement (PSA) in New Jersey:

Visitation
Child Support Payments Under New Jersey Law
Spousal Maintenance Under New Jersey Law
Property Division
Division of Debts

Visitation and child support are issues only relevant if you have children, obviously. Spousal maintenance may be an issue, especially if one spouse is the primary breadwinner (and the other one was at home taking care of children, or if the other spouse could not or did not work). Division of debts can also be important, if the couple has incurred large debts through credit cards, car loans, mortgages, or other debts.

The main issue in any PSA, though, is division of property. As I explained earlier, New Jersey follows an “equitable distribution” rule, which splits property fairly (although not necessarily equally). The Court can make the decision of how to split the property, but oftentimes the parties are much more satisfied (and spend much less on lawyers) if they can make the agreement themselves, and specify it here.

Posted in Family Law | Comments Off

February 16, 2012 by Carl G. Archer, Esq..

And the thing is that I really do like him, as a character. Sam Waterston is absolutely brilliant.

The only point I’m trying to make is that Jack McCoy, the lawyer, is everything you DON’T want to do in trial. People watching him (unfortunately, now in reruns) elegantly and succinctly tear down defense attorneys and defendants, summing up each case in two minutes flat and often using some sort of physical gimmick, get the idea that this is how you conduct yourself in court. If a lawyer actually acted like this in court, they’d get fined, laughed at, and thrown out. Not necessarily in that order.

If you think that you have any idea how to conduct yourself in court or in legal proceedings as a result of watching legal shows on TV, you are dangerously deluded. I’m as big a L&O junkie as anybody else, but it’s just entertainment. Please, nothing more.

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February 9, 2012 by Carl G. Archer, Esq..

There really is no formal proceeding to have a legal separation in New Jersey. There is an outdated legal proceeding called a “divorce from bed and board” that is similar to a legal separation. Basically, a divorce from bed and board is a legal proceeding that is not really a divorce, but it is more than a legal separation. A divorce from bed and board was very popular in the 50’s and 60’s. Many people believed that getting a divorce was a mortal sin. These kinds of beliefs were especially prevalent for people of the Catholic faith.

To address these concerns the courts developed a legal proceeding called a “divorce from bed and board.” In this type of proceeding, the parties are economically divorced but are still legally married. The parties receive a judgment that equitably distributes the assets, support awards are issued, and debts are apportioned. In these types of cases alimony is usually not awarded.

These proceedings are helpful in limited legal circumstances, such as if one spouse has a health condition and cannot get affordable health insurance. However, the parties are still legally married to one another, and that can cause all sorts of problems, especially if the parties are not civil to one another, and/or if they intend to remarry at some point in the future.

Posted in Family Law | Comments Off

February 7, 2012 by Carl G. Archer, Esq..

Matt Homann posted the following tidbit on his blog:

Not sure whether to take that client? Here’s a great test from Milton Glaser he uses to avoid toxic people:

[T]here is a test to determine whether someone is toxic or nourishing in your relationship with them. Here is the test: You have spent some time with this person, either you have a drink or go for dinner or you go to a ball game. It doesn’t matter very much but at the end of that time you observe whether you are more energised or less energised. Whether you are tired or whether you are exhilarated. If you are more tired then you have been poisoned. If you have more energy you have been nourished. The test is almost infallible and I suggest that you use it for the rest of your life.

[end of Matt’s post]

I really wish I would have thought of this, because you can use this well beyond the client-lawyer relations arena.

The full blog post is available here.

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