facebook Security

Lately, I have had a few facebook contacts choose to limit the information or even limit the contacts (aka “friends”) that are connected to their facebook accounts. When I have discussed this with them, many have said that they feel like facebook is not private and they wanted to change how their information was shared. Facebook Icon

Of course, facebook is not private. Judging from activity levels the information on facebook is likely read by more people than your local newspaper. So what does this mean? It means, that you should treat your facebook account as a form of Social Advertising. You account does say something about you, and it is your responsibility to ensure that it says something positive.

Did you know that facebook does serve as a great information source for lawyers? In family law litigation, we often are interested in what you are doing every day and your opinions. Facebook can tell us where you are working, what you are doing on your time off, whom you associate with, what those people have to say about you and the things you do. We are also able to get pictures of you, your children and your friends. Also, when your friends tag you in posts, those are associated with your account and we can get that information as well.

I have had some clients choose to deactivate their accounts during the case. I cannot say that this is not a reasonable choice. It is not a good idea to share extra information that may make its way back to the other side.

Discovery & facebook.

Did you know that you can download all of your facebook data? It is easy, just click on the upper right corner arrow and select “Account Settings”. At the bottom of the page marked “General Settings” there should be a link called “Download a copy of your Facebook data.” Click this link and you will be asked if you want to archive your facebook data. Facebook will then provide you with an e-mail verifying that your archive is complete and you can download this data.

In a Divorce case, you might be asked to provide this information in discovery. So you should keep this in mind and make sure that your Social Advertising shows you in the best light.

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15 Rules for Testfying

It is not easy to get up on the stand, but if you are planning on testifying anytime soon you would be wise to review these fifteen (15)  rules for testifying. Courtroom

  1. Tell the Truth – Honesty is the best policy. Tell the truth about what you know, you saw, you did, and be careful about testifying about only what you know. Do not guess.
  2. Answer Only the Questions Asked- Don’t get distracted. It is the lawyer’s job to ask the question, and you should answer only the question the lawyer or the judge asks, otherwise you risk side tracking the testimony or giving the other side more information that you should. You should also always answer the question fully, but balance this by not volunteering extra information that is not necessary to answer the question
  3. Use the Nine-Magic-Word Answer- When asked by the opposing side “Is that all”, you should say “That is all that I can recall at this time.” This leaves the door open for more information if you remember something important later.
  4. Think About the Question – This is not a race, and it is important to get your information straight. Think about each answer. A good strategy is to take a slow and relaxed breath before answering any tough question. Don’t get in a hurry.
  5. Support Your Conclusions – After you give testimony about facts you may be asked “What do you base that on?” In a divorce case you may be asked “What is the value of your Lexus SUV?”. If you say “13,000″, be prepared to offer the reasons why you believe this to be the case.
  6. Obey the Approximation Rule – You will be asked about times, dates and numbers. If you are not for certain, you should say “approximately” when giving out this information. You can’t always be so precise, and by couching your answers as approximations you leave the door open to get the exact dates and numbers out later.
  7. Do Not Guess – Never guess at an answer without explaining that you are estimating or approximating! The facts in your testimony are important, and if you come down as definite on something that you are not it opens the door for the other side to show that you don’t know what you are talking about.
  8. Never say “Never” – Never say always! There are always exceptions, so don’t make blanket statements that can get you in trouble later.
  9. Do Not be Intimidating or Intimidated – The judge and everyone else expects you to be polite, and the judge expects this from the other side’s attorney as well. Don’t argue, make faces, raise your voice or be insulting. You will make yourself look bad and, perhaps, prejudice the judge against you.
  10. Let the Opponent Finish Asking a Question – You will not like the questions the other side’s attorney asks you, but you need to listen to the whole question before you start answering. Not only is this polite, but it will give you time to think about your answer, and answer the question you are asked instead of reacting to the question you think you are being asked.
  11. How to Point out Interruptions – The other side’s attorney may interrupt you during your answer. If they do that, then just sit quietly, and when they finish you say “I am sorry, I did not finish answering the first question” then proceed to answer.
  12. What to Do If You Are Not Sure How to Answer a Question – Don’t be afraid to ask for clarification about the question.  If you don’t understand ask the other side to repeat the question. If that fails, simply state that you do not understand the question. However, don’t do this unless you truly do not understand, and try not to do it too often. It can appear that you are trying to avoid answering the question or are making up your answers.
  13. Always Be Polite- This is like an job interview, you are on display. You should try to be very polite and gracious, even when you believe the other side is not being so themselves.
  14. Look the Judge in the Eye – In a divorce or family law case it is the judge that hears the facts and decides the case. You are really speaking to the judge, so you should try to direct your voice in his or her direction and look him or her in the eye. Show your confidence.
  15. Your Appearance – As I said, this is like a job interview. It is important to look your best so that you can convey a good impression. Remember, that judges are used to being around lawyers, and most are lawyers themselves. If you want to look professional and serious, you need to dress up in a way lawyers understand. Think about wearing a nice shirt and a tie if you are a man, or a nice blouse and a tasteful full length skirt or pants if you are a woman. Appearance matters.

Adapted from the Oklahoma Family Law Practice Manual.

 

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10 Biggest “Don’ts” During a Family Law Case

The other day at lunch with another family lawyer here in Norman, we began discussing the things that our clients do that make their cases so much harder. Out of the discussion I have come up with ten things that one should not do during their family law case.

Why? Because each of these things will make it harder for you to “win” your case, and each is guaranteed to make your case harder, more expensive, and less likely to produce good results. Some attorneys have even been known to do little dances in their offices when the opposing side does one of these things!

They are in no particular order, except for the first five, which are big DON’Ts!

Ten Don’ts During a Family Law CaseStop Sign

  1. Don’t start a new romantic relationship. Starting a new relationship is only going to incite your spouse, alienate the children, and let the other lawyer make you look foolish in front of the court. Don’t give the other side ammunition to make your case harder by jumping into a new relationship.
  2. Don’t break the law. Keep your nose clean. Criminal charges and bad behavior are going to make you look dishonest, irresponsible and unfit as a parent.
  3. Don’t move far away. Especially if you have children, you are not going to make life any easier if you decide to move far away.
  4. Don’t do drugs (illegal or those for which you have no prescription). I have always told my client that child custody cases are hard, unless one parent does drugs, then they are easy– that parent loses. Family law cases are hard enough, don’t get involved in drugs during your case.
  5. Don’t write anything down (or text) unless you want the judge to read it. My mother always said don’t write anything down that you want to keep a secret. Guess what, don’t write anything down (or send text messages) that you do not want the judge to see. If you are going to call your ex a “bitch”, don’t do it in writing.
  6. Don’t forget that the other side is recording your conversations. Are you an angry person? You will seem like one when that one argument where you lost your temper is played in court. Keep it civil and polite, like you are on stage and trying to appear like a good guy.
  7. Don’t have sex with the opposing side. It is not over if you two are still sleeping together, don’t make love one night and spend the next day in court. It is dishonest behavior and keeps the old wounds open.
  8. Don’t change employment. This is tricky because opportunities may come, but don’t quit your job to not pay child support, or pretend to be on leave, or otherwise sabotage your employment because of your case. Keep it steady, and be ready for the next step AFTER your case is over.
  9. Don’t do anything that your mother or grandmother would be ashamed of you for doing. The judge does not love you like your mother and grandmother, and may not be very forgiving of your irresponsible and uncouth behavior during your case. Wear the white hat!
  10. Don’t lie to your lawyer. Your lawyer is here to help you, and when you do something stupid (like one of the things listed above) let your lawyer know so he does not find it out the week before trial. He might be able to help you mitigate your damages. Your lying does not help anyone, and your lawyer is not here to judge you, but to help you.

 

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Google Calendar Can Save Your Sanity

What do you get when you add a full-time job to soccer practice to church activities to school schedules to an already too busy life then you through court-ordered visitation schedules on top of it all and a parent that wants to argue every time you call him or her about your kids’ hectic schedule? A real headache and probably a few years off your life– a the very least, this is not making managing these schedules any easier.

Google CalendarIs there a solution? Yes, and a simple one at that: Google Calendar. The online service provided by Google and accessible by anyone with a Google account (Get one, you need it) can save your sanity. It is a tool that I recommend to all of my clients to use to help manage their time during their divorce or when custody and visitation issues arise.

This online calendar has so many tools:

  • Users can create multiple calendars, so you can have a private one and one to share with the other parent.
  • You can assign events to private or shared calendars, and using top-line folder file tabs, switch among day, week, and monthly views. You can share these events with the other parent and they will get an e-mail from you and the calendar about the event.
  • Multiple calendars that others are sharing with you can be integrated into one view that uses color coding to distinguish the event sources.
  • You can send invitations to events just by adding someone’s e-mail address to the calendar entry itself, and you can track RSVPs to the event.
  • Google can send alarms to a browser pop-up window, e-mail, and even to your cell phone via SMS when you register your phone number or to anyone who is subscribed to the calendar

Make 2012 a little easier by using Google Calendar!

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Time and Date Tools

How much time are you going to have in 2012?  With only 24 hours a day, 168 hours a week, and approximately 730 hours per month there are only a finite number of hours this year. And if you haven’t heard  –  time has no shelf-life, so you are not going to be able to store it up or make more of it, but you can manage it!A calculator

In my practice, I work with many divorced and separated families who have to share time with their children. This is no small task, especially when the other parent is uncooperative. In every case, I always encourage my clients to plan their time and write down their children’s schedules, keep track of dates, and stay on top of their time. This is tough to do in your head.

There are online tools that can help. One great site is Timeanddate.com.  This site has time-zone and world clocks to get the time around the globe, date calculators to find the number of days between two dates, countdown timers, stop watch timers and an extensive list of calendar tools. You can go to this site and create your own personal calendar for the year, month, and week. Timeanddate.com  fills in other information for you such as the official US holidays and normal non-working days.

Divorced and separated families can use these tools along with their visitation schedules to help plan their time.

Stay tuned for tomorrow’s article for online calendaring and collaborative tools to better make use of the time you have this year.

 

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2012 Change is Good!

Sign with words "Changes Ahead"

Happy New Year! Now that is 2012 and the beginning of a new year we can take stock of the past and decide what good from last year we are going to take into this new year and what bad we are going to leave. It may be cliche to make those resolutions, but it is a great time to do so. After holidays, we should be refreshed and energized. This is the time when hopefully we look towards the future and resolve to make it better!

We have a few ideas for you.

Treat Yourself Better!

You deserve it! Your family needs you in top shape, and you are not going to be there emotionally if you cannot love yourself. Resolve to treat your self better by breaking old destructive habits. In their Blog, Marc and Angel Hark share with us 30 Things to Stop Doing to Yourself.

Do More of What you love!

Are you putting off your dreams till later? Sometimes we get so entrenched in our daily lives and our obligations we forget what we are working so hard for. If you are wanting to escape the grind this year: try to take a different perspective. In his book, The 4-hour Work Week, author Tim Farriss explores the creative possibilities of working less for more, and having more time to spend on yourself.

Spend Time with those who matter!

Your children and your spouse deserve the best parts of you! Take some time this year to “pay yourself first”, by devoting more premium time and energy to your children and spouse. Do you need some ideas? You should continue to tune in to our blog for family activities, but you can also visit the extensive resources at PBS Parents portal. There are games, activities, and ideas for the whole family.

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Merry Christmas & Happy New Year!

Family Christmas CardFrom my family to your family, we wish you a very Merry Christmas and Happy New Year. We hope that into this next year you will take all that was good from 2011 and leave all that was bad. May your successes abound!

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Christmas Travel Unplugged

A few more days until Christmas and I know that many of you are getting ready for those long drives to grandma and grandpa’s. For most that means at least several hours  in car. Now days this may be the only time all the family is locked into the same space. Enjoy it!Three girls looking over back seat.

We wanted to share with you our favorite family travel games. We’ve broken them down into three categories (1) Alphabet Games, (2) Question Games and (3) Story Games.

Alphabet Games

One of our favorite is the alphabet naming game. You simply start at the letter “a” and the first person names something in a group  (i.e. town, movie, girl’s name, or boy’s name ). The second person then names something in the same group starting with the letter “b”, and everyone continues through the alphabet to “z”.

Our second favorite alphabet game works this way, the first person uses the letter “a” to create a story like so “My name is Albert. I live in Atlanta. I like Apples.”  The second person does the same thing with the letter “b” and so on.

Another game is to try to find every letter of the alphabet on road signs and billboards from A-Z. A classic.

Question Games

We like Twenty Questions. Just have one person think up an object, and the rest ask questions until they can guess what that person is thinking of.

We also like I Spy. You know this game. Just tell the other people in the car that “I spy something with my eye that is green”" Let them guess or ask questions until they guess it or give up.

Story Games

One simple story game goes like this. The first person says, “We are going to the park, and I am taking a basket.” The next person says, “We are going to the park, he is taking a basket, and I am taking a blanket” Each person adds a item but tries to remember what the other people are taking. You continue the game until someone can’t remember all the items.

Another game is for one person to start a story such as “One day I went downtown and saw a . . . “  Then the second person picks up where the other left off by saying “. . . man sitting at the bus stop drinking a coffee. He looked up and said to me . . .” Each person continues the story adding their own creativity and humor until everyone is laughing. This is a great one.

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Last Minute Christmas Crafts

There are only four (4) days left before Christmas! Have you gotten your gifts wrapped up? Are you looking for some last minute ideas that involve the kids?

Christmas Tree Craft

Nothing is sweeter than a hand-made gift from a child or grandchild.   There are still a few more days for your kids to put together some of those heat-warming crafts. Now if you are like me, you may not have a lot of your own ideas for these crafts. Do not fear, there are loads of great ideas out there for crafts. The key is getting a hold of them when your mind is going six ways at once.

The solution is: Pinterest Logo

Pinterest.com is site with thousands of searchable craft ideas, recipes and even hair styles.  Need ideas? Want to see pictures of the finished crafts? This site gives you it all, along with extensive comments by people just like you who have made the same crafts.

Pintest.com also allows registered users to “pin” their own interests and make their own virtual bulletin board of ideas. Although you can see all the ideas without registering  you will not be able to pin your own interests until you become a  registered user. Users register by invite only. Pinterest.com allows you to request an invite from their website, but we have found that this can take weeks and may not even come at all. It is better to request an invite from a current Pinterest.com user.  If you are interested, contact us! We would be glad to bring you in to the fold.

Again, think about ways to warm the hearts of your family and friends with a craft from your child or grandchild. This might be the perfect gift for a family member who does not get to see your child as much as you do, such as a grandparent, aunt or non-custodial parent.  It will be treasured for years.

Merry Christmas!

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Meet Me in the Middle! Find a meeting place online.

Have you every tried to meet half way? Not just in an agreement, but, between two places? Let’s say at that McDonald’s at the corner of such and such along highway what-it-called?

Sometimes it is not so simple, especially if you are trying to find a half-way point between where you are and somewhere that you haven’t been too often. It can also be difficult when you have to deal with a difficult person, such as a former spouse. Nonetheless, in any child custody or visitation case — if there is travel involved — many Oklahoma courts will ask the parents to meet halfway. The trick is figuring out where that place is going to be.

A google map

Now through the power of Google maps and the innovative people at Meetways.com, technology has the answer. The site Meetways.com provides half-way meeting points between two spots.  You simply select the first address or zip code and the second address or zip code and a point of interest (such as a restaurant, hotel, etc). Then Meetways.com computes your halfway point and gives you a selection of places where you may want to meet.

This is a great tool for divorced families and others who need to find a meeting place for child exchanges. It is also a great tool for anyone, who wants to meet in the middle!

 

Meet me sign

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