Category Archives: Legal

Legal News You Can Use: I Am Me — The Feminine Side of Lawyering

Posted on by
Reply

Having a female lawyer can provide a level of personal comfort for some clients. Similar to seeking a female doctor, prospective clients routinely consider gender when seeking a lawyer’s legal advice and advocacy.

I am female and I am a lawyer, and oftentimes, clients say to me “I called you because I need to speak to a female about what has happened to me: only a woman will understand.”

Whether you are dealing with a life-changing event such as a divorce, you are the victim of a crime, accident or botched medical procedure, or you are grappling with the nearly impossible feat of work/life balance and facing workplace disparities or overt discrimination or harassment, your unique issue may be one where consulting and a retaining a female attorney may be most appealing.

Perhaps it is because women are natural listeners and problem-solvers, or because female attorneys tend to approach clients and their cases with empathy and a comforting, compassionate tone. We are smart, intuitive, collaborative and persistent.  Our ability to connect, on a personal level, with so many of our clients is likely because of these attributes, which work to the client’s advantage when in need of zealous advocacy.

Warning: underestimate a female attorney at your own risk.  Clients who are comfortable with their attorney willingly share the most important, more intimate details about a situation they are dealing with, arming their attorney with better-problem solving capabilities, which often leads to overall positive end results.

To their client’s advantage, female attorneys carry these attributes to the negotiating table or the courtroom, where we are well-organized and prepared, and we connect well with witnesses, judges and jurors, often having the tone and demeanor that not only commands respect but is viewed as credible and worthy of the fact-finder’s trust.

I recently read a piece published in 2020 Texas Law Review, “Reflections of a Lady Lawyer” by Lisa Blatt, which is relatable.  In speaking as a female lawyer, Blatt wrote “[w]omen don’t look or talk like Perry Mason, and you don’t want us to.”  When dealing with the situations in life that typically bring clients to seek a lawyer, there is comfort in having a lawyer who “gets you.”

I do not look or talk like Perry Mason.  I am me.  I am a female.  I am a mother.  I love my work.  I empathize with you.  I grapple with the work/life balance (and the inherent mother’s guilt) of maintaining a successful legal practice while driving the soccer carpool and being an attentive dance mom.  I hear you.  I represent you.

This post is sponsored by Suisman Shapiro Attorneys-at-Law.

Editor’s Notes: i) Suisman Shapiro is located at 75 State Street, New London, CT 06320. Their mailing address is 2 Union Plaza, P.O. Box 1591 New London, CT 06320.

Atty. Kristi Kelly

ii) Kristi Kelly concentrates her practice in labor, employment, and municipal law at Suisman Shapiro, the largest law firm in eastern Connecticut.  Living along the shoreline, raising her three children, Kelly is an attorney with whom the firm’s clients connect — they find her approach comforting in the most stressful times in their lives. Kelly regularly works with other female attorneys in the firm, Eileen Duggan, Jeanette Dostie, Carolyn Kelly and Jillian Miller to meet client needs in many areas of law.  She is a VA accredited attorney and 2020 recipient of the Connecticut Bar Association’s Honorable Anthony V. DeMayo Pro Bono Award for her work to provide advocacy for veterans recovering from homelessness and mental illness to overcome barriers to housing, healthcare and income.

Legal News You Can Use: Filing a Motion for Contempt: What Do You Need to Know?

Posted on by
Reply

When Connecticut Family Courts hand down a final order, that order becomes law. If you do not agree with the ruling, you cannot choose to ignore it.

Instead, you must go through the courts to request a change. Your ex must do the same. Failure to abide by court orders may result in a contempt of court motion.

There are several reasons why parents file contempt of court motions, including but not limited to:

  • Child custody
  • Visitation
  • Child support
  • Health insurance
  • Medical bill payment

Filing a contempt of court motion

If you believe that your child’s other parent is in contempt of the court order, the first thing you need to do is file a form called Motion for Contempt.

This order does not automatically hold the other parent in contempt. Instead, it asks the parent to come to court to explain why he or she disobeyed the order in the first place. Once the court hears the explanation, it will decide whether he or she is guilty of contempt, what the appropriate punishment should be if guilty.

Hiring an attorney to file a Motion for Contempt

You do not need a lawyer to file a Motion for Contempt on your behalf, nor do you need an attorney to represent you at the hearing. However, many legal resources, including this one, highly recommend retaining the help of a qualified attorney who can help you with the process and fill out the forms appropriately.

A lawyer can also provide you with sound legal advice and ensure you do not do anything to jeopardize your case.

This post is sponsored by Suisman Shapiro Attorneys-at-Law.

Editor’s Notes: i) Suisman Shapiro is physically located at 75 State Street, New London, CT 06320. Their mailing address is 2 Union Plaza, P.O. Box 1591 New London, CT 06320.

ii) As Suisman Shapiro slowly begins to expand operations in their office building once again, the staff has made painstaking efforts to assure that their public spaces and work areas are thoroughly cleaned daily. Hand sanitizer is available at each entrance to our offices, and of course, everyone is carefully practicing social distancing.  Additionally, arrangements have been made for our clients to meet one-on-one with their attorney in a separate conference space. There is no need to enter the workspace or visit the reception area.  Prior to your appointment, your attorney will make specific arrangements with you regarding when and where to meet.

iii) Family law attorneys at Suisman Shapiro can discuss divorce issues with you and answer questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Legal News You Can Use: What to Do, What to Avoid When Creating a Co-parenting Plan

Posted on by
Reply

Co-parenting may become the new reality for parents after divorce. Photo by Jude Beck on Unsplash.

When a couple with minor children gets divorced, they face areas of adversity that childless divorcees or those with children, who are of legal age, will never know. Co-parenting may become the new reality for parents after divorce.

The couples that make it work are willing to make some minor concessions, create a plan that works for the children, and stick to it. There are do’s and don’t’s to follow when creating a co-parenting plan that will benefit the children and accommodate both parents’ schedules.

The Do’s

  • Consider your child’s situation: What will their new life be like? How much travel will be involved? Will it interfere with the child’s usual routine? Young children thrive with stability, so limiting distractions will benefit any child involved in a divorce.
  • Think about proximity: When you and your partner divorce, one or both of you may move out of the prior residence. If you do, how is this going to impact your children? Will they be able to attend the same school and be around their friends? Will you be able to keep using the babysitter your children are used to seeing? These are all important questions.
  • Talk with your spouse about letting your children speak their minds: Especially if your children are older and have a very detailed routine, they may have an opinion on their new schedule or bring up a good point that neither of you had considered.
  • Special needs: Does your child have special needs? If so, that must be addressed and planned around when considering your new home, custody arrangements, and any other change in their schedule and routine.

The Don’ts

  • Don’t focus on your convenience: Parenting is hard work. Making the co-parenting plan convenient only for you can create stress between you and your ex-spouse. Successful and amicable co-parents learn how to compromise together to ensure your children’s best interests are met.
  • Store away the need to win and seek revenge: Co-parenting shouldn’t be a competition; focus on the children’s best interests. Believe that your ex is also making the necessary concessions to make the plan work. If your ex makes a mistake a couple of times, try to avoid seeking revenge and resentment, because we all make mistakes. The time will come when you will likely have an issue (flat tire, stuck at work, etc.) that will interfere with the pick-up plan or cause your ex-spouse to pick up the slack. It happens. But if the errors become constant, it’s time for a more serious conversation.
  • Don’t belittle the other parent: Some parents don’t think so, but both parents have strengths that can help their children grow. Children should be able to rely on both of their parents. Most parents can learn new skills if offered the opportunity.

Lastly, don’t say yes to a schedule with “assumed conditions”. If your ex has to move to your child’s current school district, make sure the move is complete before agreeing to the co-parenting schedule. As stated above, successful co-parents stick to the plan and only make concessions when necessary.

This post is sponsored by Suisman Shapiro Attorneys-at-Law.

Editor’s Notes: i) Suisman Shapiro is physically located at 75 State Street, New London, CT 06320. Their mailing address is 2 Union Plaza, P.O. Box 1591 New London, CT 06320.

ii) As Suisman Shapiro slowly begins to expand operations in their office building once again, the staff has made painstaking efforts to assure that their public spaces and work areas are thoroughly cleaned daily. Hand sanitizer is available at each entrance to our offices, and of course, everyone is carefully practicing social distancing.  Additionally, arrangements have been made for our clients to meet one-on-one with their attorney in a separate conference space. There is no need to enter the workspace or visit the reception area.  Prior to your appointment, your attorney will make specific arrangements with you regarding when and where to meet.

iii) Family law attorneys at Suisman Shapiro can discuss divorce and co-parenting issues with you and answer questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Legal News You Can Use: US Senate, House of Representatives Pass Modifications to PPP

Posted on by
Reply

Congress has enacted legislation that modifies a number of provisions in the Paycheck Protection Program (PPP) that was implemented as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act and its response to COVID-19. The new legislation gives business owners more time and more flexibility in using loan proceeds received through the PPP, and modifies provisions related to loan forgiveness. The bill now goes to the President for his signature.

Under the earlier version of the PPP, as administered by the Small Business Administration (SBA), business owners seeking loan forgiveness were required to use 75 percent of such loan proceeds for payroll costs, with payment of other costs limited to the remaining 25 percent of the proceeds. The new legislation revises the ratio of costs, and provides that the payroll portion must be at least 60 percent and the non-payroll portion no more than 40 percent.

The new legislation also gives small businesses more time to use emergency loans under the program. Prior rules provided that funds must be used within eight weeks for the recipient to qualify for loan forgiveness. That time-frame has now been extended to 24 weeks from the date of the loan’s origination, or Dec. 31, 2020, whichever is earlier.

The bill also revises the time-frame for repayment of any loan proceeds that are not forgiven. After passage of the CARES Act, the SBA assigned a two-year maturity date for such loan proceeds. The bill extends this period to five years. Although this provision applies only to PPP loans that are made after the enactment of the bill, lenders and borrowers are free to negotiate the terms of any pre-existing PPP loan in order to match the newly permitted five-year period.

Additionally, the bill revises the deferral period for payment on paycheck protection loans that are not forgiven. Under the CARES Act and the Small Business Act, lenders were required to defer the payment of principal and interest for six months. The new act allows recipients to defer payments until the date that the lender receives the forgiveness amount from the SBA. Recipients who do not apply for forgiveness shall have 10 months from the program’s expiration to begin making payments.

The bill also eliminates a provision that makes a paycheck protection loan recipient, who has such indebtedness forgiven, ineligible to defer payroll tax payments. The bill provides that deferral of payroll tax payments is available even if the loan is forgiven.

It is anticipated that the Small Business Administration will release guidance concerning the terms of the new law and its impact on those who participate in the Payroll Protection Program.

Suisman Shapiro offices in New London.

Attorneys at Suisman Shapiro are available to discuss the Paycheck Protection Program with you and answer your questions on the subject.

Visit their website or call 800-499-0145 — lines are open 24 hours a day.

Sponsored Post 

Legal News You Can Use: Does Mediation Make Sense for Your Divorce?

Posted on by
Reply

If you and your spouse are pursuing an amicable divorce, going through litigation may not make sense. No matter what your feelings are toward each other, you may both be clear communicators and able to work together.

If you have children, you may want to avoid a contentious process to protect them, too. In these cases, mediation may be your solution.

Yet, it’s important to understand both its benefits and drawbacks before moving forward with it.

What are the benefits of mediation?

Mediation is a dispute resolution process where a neutral third party – the mediator – can help both spouses reach an agreement. Mediators are trained to help couples avoid conflict, find points of agreement and reach an amicable resolution to their divorce in a timely manner.

Mediation makes sense if you hope to keep a peaceful relationship with your spouse, especially if there are children in the picture. By pursuing an amicable divorce, you two will serve as role models and display a united front despite your differences.

If you are also looking to reduce divorce expenses, mediation is typically far more affordable than litigation. And you may find that mediation gives you more control over your divorce, too, since you and your spouse are making decisions rather than the court. Yet, you two will still need any legal aspects of your agreement finalized by a judge before they are binding.

What are the challenges of mediation?

By choosing mediation, you and your spouse may run the risk of not reaching an agreement. Your mediator will not provide you legal advice and will only help you work toward a resolution.

Furthermore, mediation requires transparency from both parties, since all disclosures are voluntary. If there’s any chance your spouse is hiding assets, their failure to report them may prevent you from receiving your fair share.

Nonetheless, mediation may prove a worthwhile option for keeping the peace during your divorce. If you pursue this route, an attorney with family law experience can help you through the process.

This post is sponsored by Suisman Shapiro Attorneys-at-Law.

Editor’s Notes: i) During this challenging time, Suisman Shapiro is providing essential legal services via electronic communications that keep staff in touch with clients while, at the same time, keeping both groups safe.

ii) Family law attorneys at Suisman Shapiro can discuss the mediation process with you and answer your questions on the subject. Visit their website or call 800-499-0145 — lines are open 24 hours a day.