BROOKLYN, N.Y. EDITION
TheLegalAdvocate.com Complimentary Copy A whole new perspective on legal news.
December 2017
When your Uber/Lyft ride goes
MESOTHELIOMA: You served your country but now you’re sick
CLASS ACTION: They stole your
OUT OF CONTROL WHAT WILL BE YOUR RECOURSE?
identity. Now what?
MALPRACTICE: When a routine procedure goes wrong
FAMILY LAW:
DWI/DUI:
SERVICES:
Stepparent adoption gets resistance from biological parent
Your teenager could face harsher consequences than adults for DUI
Pre-settlement funding could be your lifeline during lawsuit
2 | December 2017
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The Legal Advocate | 3
A whole new perspective on legal news.
December 2017 Issue 1 PUBLISHER Joseph P. Belsito Joe@Belsito.com
MARKETING DIRECTOR Gregory W. Buff greg@Belsito.com
DESIGN Gregory W. Buff Mimi Estes
WRITERS Nicole Corbo Mimi Estes Dale McKnight Alyssa Stalzer
LEGAL DISCLAIMER The articles published in this publication, The Legal Advocate, are not legal advice, but the reporting of news concerning general information on general legal issues commonly encountered by the public. The Legal Advocate is not a law firm and the content of the articles contained herein are not a substitute for an attorney or law firm. As such, The Legal Advocate cannot provide any kind of advice, explanation, opinion, or recommenda tion to any reader about possible legal rights, remedies, defenses, options, selection of forms or strategies the reader may have. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by dif ferent courts. Therefore, if you need legal advice for your specific problem, you should consult a licensed attorney in your area. The Legal Advocate does not endorse any particular attorney or legal service who advertises and/or is quoted in The Legal Advocate and cannot guarantee the quality, or reliability of any attorney or legal service who advertises in The Legal Advocate. Nor, does The Le gal Advocate guarantee the reliability or accuracy of any of the statements or opinions provided by any attorney or legal service who is quoted or referenced in The Legal Advocate. The attorneys quoted in The Legal Advocate may or may not be licensed in your state.
CORPORATE INFORMATION ©Copyright 2017. The Legal Advocate® is published by Belsito Communications Inc., 1 Ardmore Street, New Windsor, NY 12553. All rights reserved. Reproduction or redistribution of any part of this publication in any way is prohibited without written permission from the publisher. The Legal Advocate is a free publication. For customer service regarding distribution please call 888-BELSITO (235-7486) or email us at info@thelegaladvocate.com.
Info@thelegaladvocate.com
News
Entertainment
Class Action.........................................4 Bankruptcy/Foreclosures/Mods...........5 Medical Malpractice.............................6 Nursing Home......................................7 Civil Rights...........................................8 Mesothelioma......................................9 Mass Tort.......................................... 10 Criminal Law..................................... 11 Workers’ Comp................................. 12 Immigration....................................... 13 DWI/DUI........................................... 14 Veterans Administration.................... 15 Business Law................................... 16 Family Law....................................... 17 Personal Injury.................................. 18 Real Estate....................................... 20 Legal Services.................................. 21 Social Security/Disability.................. 22 Tax Law............................................ 23 Elder Care........................................ 26 Employment...................................... 27 Education.......................................... 28
Trending News................................. 24 This Month in History........................ 28 Crossword........................................ 29 Legal Ease Cartoon.......................... 30 Oddball Law...................................... 31
Cover Story
Holding drivers accountable in Uber and Lyft accidents
16
Letter from the Publisher We’re very excited you’re taking the time to read the debut edition of The Legal Advocate. We hope you share our belief that law is an extremely important topic because it’s how we govern our society, keep ourselves and loved ones safe and hold those who may have wronged or injured us accountable for their actions.
Joseph P. Belsito joe@belsito.com
The legal system can certainly be intimidating and confusing, so we hope our magazine, website and the attorneys we turn to for insight will empower you with knowledge. Our stories come from a wide cross section of legal topics so there is most likely something on a subject affecting you, your family or friends. We also have fun features, cartoons and even a crossword puzzle to make your time with The Legal Advocate that much more enjoyable. I hope you’ll become a regular reader and I’d love to hear your feedback and perhaps some ideas you have for future articles.
4 | December 2017
Notified of a data breach? Your identity and financial well-being could be at stake You are first in line when those drool-worthy summer items go on sale and fall fashion hits the racks, because you - and probably hundreds of other people - love shopping at local, trusted retailers. Plus, you can’t get enough of the extra savings made possible by store credit cards. Those retailers have your loyalty and, because you often pay with credit or debit cards, it means they have all your sensitive information, too. You expect them to carry the best brands at reasonable prices, and you expect them to keep your information safe. After all, it is your identity and financial information. Increasingly, however, it seems no one is safe from cyber-attacks.
CLASS ACTION
“If you receive notice of a data breach, there is no time to waste. When a data breach occurs, it frequently leads to identity theft, which can be devastating to your finances, privacy, reputation, and credit score,” said Greg Blankinship of Advocates United. Depending on what type of personal information was compromised, there are different steps you can take to protect yourself. If your credit card information, social security number, or other private information has been stolen, an experienced and knowledgeable attorney can help you determine whether to take legal
action. Large retailers are required to reasonably safeguard their customers’ information, and may be liable for covering reparations when they fail to do so. In most cases, data breach lawsuits are handled as class actions, in which a single plaintiff or a small number of plaintiffs file a lawsuit on behalf of all individuals who have suffered a similar harm. Turn to an experienced consumer class action lawyer, who can help you sort out the details and protect your financial future. An investigation into the data breach may be necessary in order to prove that necessary safeguards were not in place to prevent it. An attorney will also help determine the amount of damages you have suffered and guide you through the necessary steps to prevent further abuse of your personal information. As the amount of personal information that is stored and transmitted digitally increases, we trust
that safety measures protecting that information keep up. However, the rapid evolution of technology sometimes wins that race. Therefore, data breaches and identity theft continue to increase as well. When the entities that collect, distribute, and store personal data, such as retailers, banks, hospitals, universities, and government agencies, fail to protect sensitive information, they can and should be held responsible for the resulting damages.
“If you receive notice of a data breach, there is no time to waste. When a data breach occurs, it frequently leads to identity theft, which can be devastating to your finances, privacy, reputation, and credit score”
Greg Blankinship ADVOCATES UNITED ATTORNEY
Hack Job! The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.
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The Legal Advocate | 5
High-priced Prep Have you lost the ability to repay those college loans? Maybe your advanced archaeology degree from an Ivy League school wasn’t the most practical choice. With graduation over, and the prospects for finding a job not bright, how will an archaeology newbie repay school loans, BANKRUPTCY, armed only with a FORECLOSURES barista’s salary and & MODIFICATIONS tips? The best advice all borrowers should heed is this: do whatever you have to do to not default on college loans. In 2016, the average college graduate was in about $40,000 of debt. Obviously, it will take years to pay that back, so how will they ever be able to buy a house or save for retirement? It’s no wonder so many Millennials feel defeated, stuck in their parent’s basement with no way out. The best thing to do is face facts by becoming acquainted with what kind of options you might have. Although there are several types of loans available, generally speaking, there are student loans from private lenders and those from the federal government. With a private loan, you may be able to qualify for more money per semester, but often will require a co-signer. Federal loans have monetary limits based on what year of school you’re in. With a private loan, after 30 days of non-payment you will be considered delinquent. Should that happen, the disturbing calls about late fees and worse will begin. Neglected for too long,
the loan will be classified in default. This will have real long-term consequences on whatever you choose to do in the future. It has the potential to shut you out from getting a car loan, mortgage and even certain jobs. Whereas federal student loans have a 270-day (9 months) grace period, you’ll receive similar consequences upon default. And if you default, your co-signer, let’s say mom or dad, will also become liable for the debt, creating potential to ruin their future or retirement. If it’s too late, there are other steps you can take. “Depending on the depth of the default, looking for a student loan lawyer could be a good choice. There are other options, such as debt consolidation services but, in the long run, these can often end
up costing more than hiring a lawyer,” said Cristina Dulay of Advocates United. More importantly, these consultants are not qualified to give legal advice. They can be from different parts of the country and won’t know the ins and outs of the law for your state. Many lawyers will not charge for an initial consultation, so it is worth the time to get sound legal advice for a problem that will undoubtedly have long-term financial consequences. Cristina Dulay, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
“Depending on the depth of the default, looking for a student loan lawyer could be a good choice. There are other options, such as debt consolidation services but, in the long run, these can often end up costing more than hiring a lawyer.” Cristina Dulay ADVOCATES UNITED ATTORNEY
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6 | December 2017
BAD SURGERY:
when the routine goes wrong
A failed procedure leaves surviving family members distraught An elderly mother was already frail when a doctor suggested surgery to reduce her shoulder pain. The family hesitated because of her condition, but decided to follow the doctor’s recommendations. She didn’t make it through the operation. Can the grieving family sue the doctor for malpractice which apparently caused her death?
this claim involves potential payment, known as damages, which would be paid to the deceased person’s estate if there was a will.
MEDICAL MALPRACTICE
“If financial compensation is received by family members in a medical malpractice case, it can cover the deceased patient’s remaining medical bills, funeral costs, and other related expenses,” said Advocates United attorney Kenneth Fromson.
Medical malpractice cases can be complicated, since the plaintiff needs to prove that medical negligence indeed resulted in the patient’s death. Different states have various laws that cover these types of legal claims.
Reimbursement can also be paid as a result of family members’ emotional losses, including loss of companionship and guidance; the deceased person’s lost future income; and the patient’s pain and suffering prior to death.
In general, there are two avenues a family can take in seeking financial compensation; these can be sought separately or together in one lawsuit. First, the family can file a claim for wrongful death, in which survivors need to prove that their loved one died due to specific medical negligence, leaving behind family members who suffered financial and emotional loss. The second is to file a claim for survivors’ benefits. Here again, alleged medical negligence is at the heart of the case. In addition,
Because cases involving wrongful death and survivors’ benefits can be extremely complex - and so much is at stake - taking legal action requires the help of an attorney who is experienced in medical malpractice cases. Your lawyer is knowledgeable about the latest medical processes and technology, aware of recent court decisions in similar malpractice suits, and knows how best to handle your case based on what type of will or estate plan, if any, your loved one had at the time of their death.
It’s important to take steps quickly. The statute of limitations, which varies by state, requires that you act within a certain time period or risk losing your opportunity to file a medical malpractice claim. Your attorney’s team will explain what’s involved in your suit, obtain medical reports and conduct additional research to investigate and prove your malpractice claim. They will also take depositions from medical staff and other experts as needed, keep you apprised of the case’s progress, and deal with the defendants’ claims throughout the trial or settlement process. Kenneth Fromson, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-2088105.
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“If financial compensation is received by family members in a medical malpractice case, it can cover the deceased patient’s remaining medical bills, funeral costs, and other related expenses.” Kenneth Fromson ADVOCATES UNITED ATTORNEY
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The Legal Advocate | 7
‘Granny cams’ If you suspect your family member is being abused at a nursing home, there are legal steps to protect them There’s an exploding national debate about whether families of nursing home residents should be allowed to install surveillance cameras – sometimes dubbed “granny cams” - in seniors’ rooms to monitor their loved one’s care and safety. In the vast majority of situations, nursing home employees are respectful, caring, and professional when dealing with elderly patients. But unfortunately, elder abuse does occur – and more and more families are demanding the right to have 24/7 video surveillance of their loved ones. In some cases, families are free to install a simple video monitor if a senior lives alone in a private room in a facility.
NURSING HOME
“Several states have passed regulations allowing family installation of private cameras in nursing home rooms; certain others states prohibit their use, and still others allow them with some restrictions,” said Michael Feldman of Advocates United. Hidden cameras may also sometimes be illegal unless the nursing home specifically agrees to them, especially if the patient or their family or health-care proxy had signed documents upon admission and the paperwork contained restrictions or prohibited these kinds of devices. If a family then opts to install private surveillance anyway, and alleged elder abuse is spotted, the
“Several states have passed regulations allowing family installation of private cameras in nursing home rooms; certain others states prohibit their use, and still others allow them with some restrictions.” Michael Feldman ADVOCATES UNITED ATTORNEY
situation can quickly become complicated in terms of the law. In addition, the federal Health Insurance Portability and Accountability Act, or HIPAA, contains privacy rules for patients that could also become a factor in a possible legal case. To make the issue even more complicated, if someone shares a room in a nursing home room, other residents’ privacy rights also come into play. Because this is such a complex issue with frequently changing laws and regulations, if you suspect possible nursing-home abuse - or just want peace of mind regarding a loved one who lives in a facility – it can be to your benefit to consult an attorney who is experienced in nursing home and elder care cases.
A qualified attorney will apprise you of the most up-do-date laws in your state, as well as any particular regulations regarding a particular facility, and will help clarify what rights you and your elderly loved one have in terms of assuring enhanced comfort and personal security. And if suspected elder abuse does surface, an attorney will guide you through the process of moving forward with a possible legal case. Michael Feldman, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-2088105.
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8 | December 2017
Secret’s out “
Qui tams can usually be filed under seal, which means that your employer will not know your identity when you file.”
Jeremiah Frie-Pearson ADVOCATES UNITED ATTORNEY
Whistle-blowers may receive monetary rewards While working for a small manufacturer, it was not unusual to have to do many tasks for yourself, sometimes even your own billing. After moving on to a larger company, that experience gave you reason to believe that your new employer was overcharging the government for goods you produced. You soon discovered blatant proof that your employer was bilking the government out of quite a bit of money. What should you do?
CIVIL RIGHTS
Jeremiah Frei-Pearson of Advocates United said, “If you learn that your employer is overcharging or otherwise defrauding the federal government or a state government, you should contact an attorney who can advise you about alerting the government via a whistle-blower or ‘qui tam’ lawsuit. Qui tams can usually be filed under seal, which means that your employer will not know your identity when you file.”
State and federal laws encourage individuals to report fraud through these whistle-blower provisions. These statues can offer individuals substantial monetary rewards when the government is able to successfully recover damages in connections with the reported fraud. Successful cases have been brought by whistle-blowers against many types of professionals defense contractors, stock brokers and investors, research scientists, doctors, nurses and other medical professionals. If you believe that the company or organization that you work for is defrauding the government, you may have the law on your side and you should contact an attorney. “Whistle-blowers who file successful qui tams typically receive a percentage of the money recovered by the government. This recovery can be quite substantial. In one case, a whistle-blower received $104 million for reporting on how an employer was avoiding paying taxes,” said Frei-Pearson. In 2016 the Justice Department recovered $4.7 billion prosecuting qui tam actions. Jeremiah Frei-Pearson, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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The Legal Advocate | 9
MESOTHELIOMA
A killer among us Exposure to deadly dust may have been caused by your military service Combat is deadly enough. Unfortunately, military service may have also exposed you to asbestos, leading to symptoms of mesothelioma. Now, because of that diagnosis, you must prepare for the battle of a lifetime. Hopefully, if you are able to prove the exposure was due to your service, there are benefits and compensation available to help you and your family. Many organizations have compiled tremendous amounts of information to guide you, but the multiple layers of bureaucracy standing between you and that compensation, could make such a huge effort seem out of reach. Consider hiring a lawyer, one who handles veteran’s benefits for mesothelioma victims.
become available to you. Suing the military for a lump sum is not typically done. Compensation usually happens monthly. It’s very important to contact a lawyer as soon as possible, because the statute of limitations runs out very quickly. A statute of limitations refers to the length of time you have to file a case. Starting from the date of diagnosis, every state is different, with the average being about two years, some have only one year, others three. Most importantly, when the time constraint expires, so does any chance for filing a claim.
Advocate United’s Andrew Finkelstein said, “Exposure to asbestos in the military could have happened at any time from the World Wars, Korea, Vietnam, and even during the Middle East conflicts.” A lawyer specializing in obtaining benefits for veterans will have a good working knowledge of the Veterans Administration (VA) and the services that you could be entitled to. Pensions, disability compensation, Aid and Attendance, and even benefits for your spouse and children, are just some of the monies you may qualify for. With a lawyer’s help, even if you have a less than perfect discharge, some of these benefits could
“Exposure to asbestos in the military could have happened at any time from the World Wars, Korea, Vietnam, and even during the Middle East conflicts.” Andrew Finkelstein
Your mesothelioma attorney will also be able to help secure multiple claims. For instance, if you want to apply for VA benefits, workers’ compensation and disability all at the same time they can help with that. If your exposure can be traced back to a particular product it may be possible to file a claim against that company, as well. Even if a company has gone out of business, it was required to put money into trust funds years ago to pay victims. Start searching to find out more about how hiring a lawyer who can truly help you navigate the complex legal world, leading to better options for you and your loved ones. Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
ADVOCATES UNITED ATTORNEY
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10 | December 2017
A rare disfiguring syndrome If you have fallen victim to SJS, compassionate help is available As Julia’s “virus” seemed to worsen, she began to develop a purplish rash on her torso. Within hours it had spread across her entire body. She and her family were alarmed and perplexed. No one had ever seen anything like it. Because it was late, they decided to wait and call the doctor in the morning, but during the night her pain levels began to spike. When extremely painful blisters formed inside her mouth, the family decided to take her to the emergency room. An astute E.R. doctor had a suspicion it could be Stevens Johnson Syndrome also referred to as SJS.
“Whether it’s Penicillin, Anticonvulsants or over the counter pain medications, they all can cause SJS. So many people have filed a claim that some courts put them together as a Mass Tort and many have led to very significant settlements.”
MASS TORT
Andrew Finkelstein ADVOCATES UNITED ATTORNEY
He asked questions about any changes in medications and, sure enough, there was a new medicine recently prescribed to Julia for symptoms of epilepsy. Unfortunately, the doctor’s suspicion of SJS pointed directly toward this new medication, which is how she became familiar with the rare skin condition. In a matter of hours SJS can rapidly swing out of control, causing painful blistering lesions all over the body, especially on the mucous membranes, tongue, eyes and genitals. These blisters can cause blindness and horrible disfigurement. As the syndrome progresses, the layers of skin begin to
split and lift away. These large open necrotic areas are extremely susceptible to infection. If the SJS cause is not quickly detected, things can get even worse. When a patient loses more than 30 percent of his or her skin, the syndrome progresses to Toxic Epidermal Necrolysis or TEN. The patient’s survival requires supportive therapies to be administered and should be admitted to the intensive care unit or transferred to a burn unit. Both SJS and TEN are considered very serious, even life threatening, requiring weeks, if not months, of hospitalization. The incidence of permanent blindness, disfiguring scars, pneumonia and sepsis are some of the side effects associated
with SJS and TEN. All of these factors lead to astronomical costs and devastating changes in lifestyle. “Because there is so much medical support that medications trigger SJS or TEN, many successful lawsuits have been filed against big drug companies to hold them responsible for not adequately warning the people who take these medications,” said Andrew Finkelstein of Advocates United.
Contacting a lawyer who has experience handling SJS cases will be your best bet for determining how to proceed. Because of the seriousness and great medical costs incurred, especially if there is loss of eyesight, it will probably be necessary to get monetary compensation from the drug manufacturers in order to continue with your basic life needs. Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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The Legal Advocate | 11
You
HIT &
RAN
Fled the scene of a car accident you caused? Now what? As you drove to work in your 15-year-old Honda Accord, you daydreamed about owning that Jaguar speeding by on your left. You reached for your coffee, looking away from the road for only a split-second, and crashed right into the back corner of the Toyota Camry in front of you. It spins out of control – and so do you. You consider pulling over, or maybe you don’t. Either way, that instinct to flee danger and chaos kicks in and, before you know it, the accident you just caused is disappearing into the distance.
CRIMINAL
Many of us have been in car accidents. Thankfully, most of us are able to compose our nerves and stick around to assess the damage, render aid wherever necessary and exchange information. But everyone makes mistakes. Maybe your instincts took over or maybe you thought you weren’t in the right mental or financial state to deal with the repercussions slowly fading out your rear view mirror. Unfortunately, fleeing now will cost you later.
happens if you flee the scene of an accident that results in a driver, passenger or pedestrian getting hurt. If you injure anyone, your misdemeanor hit-and-run now becomes a felony hit-and-run. That $1,000 fine increases tenfold and so can your time in the slammer, depending on the state in which you live.
“There are a few different circumstances that may unfold in a hit-and-run, none of which are necessarily desirable,” said Daniel DeVoe, an Advocates United attorney.
If you’re the culprit of a hit-and-run that results in a loss of life, you have committed a felony, no matter what state you’re in.
At the scene of any accident, a police officer will conduct a thorough investigation to determine what actually happened and where to place blame. The officers will collect witness statements and any captured surveillance. Once they determine that you fled the scene of the accident, they will immediately issue a warrant for your arrest. If you don’t want to be a fugitive for the rest of your life, you should stick around. If you didn’t stick around, it’s best to get a defense attorney to accompany your surrender and help you issue a statement to the police.
The best thing you can do to avoid these fates is to not flee the scene of an accident. There’s a very high chance you will be caught and punished, according to your state’s laws. We know now more than ever that there’s always a camera lurking somewhere nearby, even if you don’t see any eyewitnesses in the moment. The next best thing you can do is hire an experienced criminal defense attorney to help you plead your case.
Throughout most of the U.S., it’s a misdemeanor hit-andrun if you flee the scene of an accident that caused only property damage with no injuries. Along with that misdemeanor could be a fine of about $1,000 and up to a year in jail. If you think that’s bad, you don’t want to know what
Daniel DeVoe, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
“There are a few different circumstances that may unfold in a hit-and-run, none of which are necessarily desirable.”
Daniel DeVoe ADVOCATES UNITED ATTORNEY
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12 | December 2017
Rough Seas Ahead? Injured while working at sea? Maritime employers could be liable Working as a cruise ship deckhand was supposed to be an exciting summer adventure, but it quickly turned into a terrifying and life-altering experience when the ship’s captain took a chance in a terrible storm. Ignoring or unaware of the storm’s severity, the ship’s captain chose to try and outrun it. Waves, caused by 120-mile-per-hour winds, battered the ship; passengers hunkered down in their cabins; you and other crew members tried to safely batten down loose boxes and crates. Unfortunately, the ship lurched at an almost 45 degree angle, sending you flying across a floor, and leaving you with fractures in both your legs and arms. You knew that you might do anything from laundry to equipment repair to reading radar and checking engine gauges, or maybe even steering the 1000 ton cruise ship. You knew you would be exposed to work-related hazards that are very different from land-based workers, but you never expected to find yourself in a life-threatening situation that would leave you badly injured and unable to work. Your summer plans were ruined but, thanks to the Jones Act, which protects seamen, you are legally entitled to receive compensation for your injuries.
WORKERS’ COMP
“Maritime employers are liable under the Jones Act for the negligence of any employee, which includes the captain, as well as a seaman’s co-workers,” said Advocates United attorney Vincent J. Rossillo.
“Maritime employers are liable under the Jones Act for the negligence of any employee, which includes the captain, as well as a seaman’s co-workers.” Vincent J. Rossillo ADVOCATES UNITED ATTORNEY
Jones Act seaman, it is best to contact a maritime personal injury lawyer. Unlike the majority of landbased workers, seamen are not covered by worker’s compensation and cannot receive those benefits under state nor federal laws. However, the Jones Act, which is a federal law, enables seamen to sue their employer for personal injury damages. It is an employee-focused law, which places the burden of work-place safety on the seaman’s employer. There are employers who will try to discourage workers from gaining information about their legal rights, which is why speaking to an experienced maritime personal injury attorney is important. They understand the nuances of maritime law, and recovering compensation for lost wages, as well as medical services and expenses, is a top priority. If you have experienced a disabling injury, consult
with an experienced maritime lawyer and learn all you can about your rights to compensation. Vincent Rossillo, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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A seaman is someone who does a significant amount of work on any type of marine vessel but, because seaman status is not always clear in maritime law, if you think you may qualify as a
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The Legal Advocate | 13
I
t was love at first sight. You fell for Carmen and, despite a language barrier, married him a month later.
Only one problem. The Immigration Officer who is interviewing you and your spouse is skeptical about the impromptu union and might deny your petition for his green card because they think he married you for it. Can you stop the government from ruining your marriage? You may have a IMMIGRATION better chance of making it through the process more easily than you think by securing the services of an Immigration lawyer. U.S. Citizenship and Immigration Service (USCIS) officials interview all applicants for a green card if the applicant is in the United States and is applying based on a marriage to a United States citizen . You can expect a lengthy interview process while the officials determine if the union is bona fide or a “sham” excuse to obtain a green card. The interviewing officer will ask questions and review your evidence to make this determination, and will also determine if the applicant is eligible for a green card. Arrests, felony convictions and other questionable circumstances such as prior misrepresentation to Immigration or a prior deportation can bring everything to a halt.
to be asked many detailed questions about your life together. Having an Immigration lawyer come with you to the interview can be very important. In case the language in any of the questions is overly technical, or if you need help understanding what is being asked, your attorney will assist you fully. You may also need to show proof of joint property ownership or joint tax return filings. An immigration attorney will use his or her experience to aid you in providing the documentation needed to satisfy the USCIS. Further, if a problem arises after the interview, it won’t be your word against theirs. Your lawyer’s presence at the immigration interview can help in the organization and presentation
of your evidence. His or her input may go a long way toward settling matters more efficiently. “One of the most rewarding parts of my practice involves preparing clients for their immigration interview and attending those interviews. This is true, especially when their case is based upon a marriage to a United States citizen. After all, there is nothing better than being part of a process that involves family based immigration to the United States,” said Frank Massaro, an attorney at Advocates United. He has been practicing immigration law for over 35 years. Marriage to a U.S. citizen is a very common path to residency and citizenship in the United States. If you and your spouse’s answers match up more often than not and you have the proper evidence of a life shared together, there should not be any problems in getting through this process. Having a qualified immigration attorney to make sure all your paperwork is correct, and give you guidance through the interview, can be invaluable toward your success.
A WATCHFUL
During the marriage interview you can expect
EYE
Frank Massaro, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
When your marriage to an immigrant is scrutinized by the government
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“...there is nothing better than being part of a process that involves family based immigration to the United States.” Frank Massaro ADVOCATES UNITED ATTORNEY
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14 | December 2017
MAJOR consequences for MINOR drivers DWI laws are harsher for those under 21 Tommy and his friends just won their first soccer game of the season. A few guys gather by the bleachers after the crowd leaves and someone pulls a 12-pack from a gym bag. The celebration begins. Tommy isn’t a big kid. Three beers in and he is over the legal limit of blood alcohol concentration (BAC), but he’s feeling fine and offers to drive his buddies home. Some horsing around in the car, an ignored stoplight, and suddenly there are flashing lights in the rear view mirror. Even if this is a first offense, as an underage drinker, Tommy will face harsher punishments than those given to adult first time offenders.
DWI/DUI
The good news first: according to a study by the Centers for Disease Control and Prevention (CDC), the percentage of teens in high school who drink and drive has decreased by more than half since 1991. Now the bad news: your child could be one of the nearly one million teens who drinks alcohol and gets behind a wheel. If your teenager is facing the lasting consequences of an underage DWI, speak to a criminal defense lawyer immediately - preferably, one with DUI experience. You need a knowledgeable attorney to guide you through the process and help you avoid mistakes. “Even if lucky enough to not be one of the almost 3,000 teenagers who die every year in drunk driving accidents, your teen still could face jail time, probation, and other harsh consequences,” said Advocates United attorney Daniel DeVoe.
or more, and they could have their car impounded. There may be fines up to a few thousand dollars, and possibly community service. Plus, disclosure of their conviction may be required on college applications and job applications. Luckily, there are defenses that can be successful in front of a jury, and a DUI attorney can help navigate the penalties and consequences that a DUI can have on your teen’s life. The punishments and rules associated with underage drinking and driving are complex and vary from state to state. The penalties for underage drinking and driving are harsh, which is why it is important to fully understand the legal rights of your teen. An experienced DUI lawyer will use many tactics to help secure a win before the case even goes to trial, and could possibly help avoid the risk of a courtroom conviction altogether. Daniel DeVoe, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-2088105.
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“Even if lucky enough to not be one of the almost 3,000 teenagers who die every year in drunk driving accidents, your teen still could face jail time, probation, and other harsh consequences.”
Teens found guilty of a DUI are often subject to strict punishments, because minors will face penalties for both underage drinking and driving under the influence. In fact, in most states, drivers under 21 have an even lower BAC threshold at which they can be cited for a DUI. An underage driver convicted of a DUI can expect to have their driver’s license suspended for a year
Daniel DeVoe ADVOCATES UNITED ATTORNEY
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d e t c e j Re
The Legal Advocate | 15
Filing your own appeal because of a Social Security denial can be complex
Thousands of courageous U.S. veterans who served our nation return home with injuries – both physical and emotional. Yet too many wounded warriors are now fighting another enormous battle – to receive the disability benefits they rightly deserve. One particular veteran did two tours of duty in the Middle East. His story, sadly, is quite common: “Even though the Department of Veterans Affairs determined that I had Post-Traumatic Stress Disorder and I wouldn’t be able to hold down a job, Social Security rejected me twice for disability benefits,” he says. “Now I don’t know where to turn.”
VETERANS ADMINISTRATION
Advocates United attorney Nancy Morgan said, “Whether or not a veteran is deemed eligible for government disability benefits is based on proving that his or her injury or illness was service connected.” This can require enormous amounts of documentation, as well as up-to-date knowledge of the complicated process the government uses to determine service connection. That’s why a military veteran - or their survivors who may be entitled to benefits - would be wise to consult with an attorney who is dedicated to the cause of vets’ rights and skilled in cases involving the V.A. and Social Security benefits.” Working with a legal expert who is accredited by the Veterans Administration to represent veterans in disability appeal cases can greatly increase the likelihood of a successful outcome, so that you are properly compensated for the injuries or conditions you sustained during military service. Your attorney will oversee the complex and often-changing procedures required to appeal your denied claim; handle coordination of numerous, detailed medical and military documents needed to support your case. Be sure that important filing deadlines are met,
Nancy Y. Morgan ADVOCATES UNITED ATTORNEY
“Whether or not a veteran is deemed eligible for government disability benefits is based on proving that his or her injury or illness was service connected.” since claims hearings are often required. Your attorney will stick by your side throughout the entire appeal process to increase the likelihood of a positive outcome. Nancy Y. Morgan, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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16 | December 2017
Partners at odds can ruin a business, and that’s why you might need an attorney when things go south partnership disputes
Thirty years ago, you and your best friend decided to start a restaurant together. You both have a passion for creating unique, delicious food and sharing it with people. Plus, you each brought something special to the business. She loves engaging with the public, making people feel welcome and at home, while you could spend hours scouring the city for the perfect ingredients to make a dish truly come alive. When you began your business, you never envisioned a day when you would need to part ways, let alone under less than amicable circumstances.
BUSINESS
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You weathered many storms together, from unexpected rent increases to the shenanigans of devious competitors, but it looks like the greatest threat to your business may be a dispute with the person who was supposed to be your ally: your business partner. When a serious dispute with your partner escalates, if not resolved quickly, it will affect your business operations and could cause your business to fail. To take immediate action to secure your business and the equity interests that you have dedicated so much time and energy to create, consult with a business attorney. It is important to understand your rights and obligations, and someone experienced in business law can examine the partnership agreement, if one exists, provide representation to start or defend litigation, as well as help you develop strategies to avoid future disagreements.
Regardless of the reason, an experienced attorney can assist in finding a negotiating strategy by conducting a comprehensive investigation into the dispute. If it is possible to restore the partnership and begin moving forward, having an advocate can help lead to a healthier future for the business. An experienced business attorney can recommend ways for business partners to repair and regain a working relationship. If things have gone too far and a partnership is beyond repair, however, an attorney can also assist in helping to dissolve a business partnership, which can otherwise be a tedious and complicated ordeal. A business lawyer will handle all the facets of this process, making sure assets and debts are divided fairly, ensuring the protection of rights and a smooth transition. Joseph Rones, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
Business partner disputes are one of the most frequently filed business dispute lawsuits. Disputes typically stem from disagreements over obligations or compensation. “Even well-intentioned business partners have disagreements, and sometimes legal action is required to preserve the business and protect investments and assets,” said Joseph Rones of Advocates United.
“Even well-intentioned business partners have disagreements, and sometimes legal action is required to preserve the business and protect investments and assets.” Joseph P. Rones ADVOCATES UNITED ATTORNEY
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The Legal Advocate | 17
Family Feud Stepparent adoption may meet resistance from biological parent Not only did you finally marry the love of your life; you also got a beautiful little girl, and, as the years went by, it began to feel like more and more like you were all a family. This was YOUR family and you wanted so desperately to make it legal. You your spouse discussed FAMILY LAW and it and decided you should adopt your spouse’s daughter. The only problem was that the child’s other bio¬logical parent was not keen on giving up his parental rights. It looked like your dream of legally making the little girl your daughter seemed to vanish. You could not see any other options if the other parent does not agree to the adoption. A stepparent adoption is difficult without the consent of the non-custodial parent. If this parent is alive and active in the child’s life it can be near impossible as the first step in this type of adoption is to get consent from the non-custodial parent. “In order for a stepparent to adopt their spouse’s child both biological parents must consent. If both parents do not consent the adoption cannot proceed unless the non-consenting parent’s rights are terminated” said Advocates United Jennifer Safier. The emotional toll on the child needs to be
“In order for a stepparent to adopt their spouse’s child both biological parents must consent. If both parents do not consent the adoption cannot proceed unless the non-consenting parent’s rights are terminated” Jennifer Safier ADVOCATES UNITED ATTORNEY
considered when thinking about stepparent adoption. It may not be in the best interest of the child if she has a strong emotional connection with her non-custodial biological parent. If little or no relationship exists between the child and the non-custodial parent the transition will be much easier. If the non-custodial parent refuses to consent to the adoption but is not part of the child’s life, a lawyer becomes of the utmost importance. You can move forward with the adoption if you can prove that the non-custodial parent’s rights should be terminated. This can be done by proving that the birth parent has abandoned or neglected the
child. Unfitness could also be a basis for termination of parental rights. A lawyer who specializes in adoptions can help you throughout this process, and will have a full knowledge on the ins and outs of your state’s adoption laws, making the process as painless as possible. Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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18 | December 2017
When your Uber/Lyft ride goes
OUT OF CONTROL
Look for professional legal assistance to guide you through the many twists and turns these cases can take
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The Legal Advocate | 19
N
o doubt the service is convenient, but there’s a dark underside and it’s probably something you’ve never even considered about Uber or Lyft. It’s the fact, that there could be dire consequences if the Uber or Lyft driver causes a collision without a paying passenger on board. If you have the misfortune of being injured or suffered damages in that type of accident, you’ll be forced to fight it out with the drivers personal insurance company.
PERSONAL INJURY
These drivers are considered independent contractors and are not required to hold policies with top-notch coverage. If the driver is not logged onto the company app, or is logged on and has not yet accepted a passenger, the status is considered personal use. The company’s insurance coverage ($100,000 within New York City) only holds when the driver has accepted a ride and is heading to pick-up the passenger or take the passenger to his destination. Otherwise, there is only $75,000 of insurance available. On the surface, Uber and Lyft seem to provide the same types of services that heavily regulated taxi companies do, yet
“
they operate in very different ways. Known as Transportation Network Companies (TNC), all livery drivers are held to certain standards if they are considered employees, not so if they are considered independent contractors. A popular perk is that a TNC driver working for ride-share companies don’t have to follow specific hours logged on to the company network, this gives Uber and Lyft drivers a lot more freedom. The Taxi and Limousine Commission (TLC) in New York City, has jurisdiction over all livery drivers, despite what other company policies prevail outside the city. Along with a TLC class driver’s license and plates, the required classes and a drug test; the commission requires ride-sharing drivers to carry the same liability insurance as others. New York’s highly respected Personal Injury attorney, Andrew Finkelstein, has created a team of lawyers specializing in ride-share auto accidents. Also a noted speaker on the subject of litigating car-for-hire accidents, he says, “Our Uber accident attorneys have represented countless numbers of injury victims and can utilize the insight and skill gained from these cases to benefit yours. While every individual’s circumstances are different, we always strive to provide clear, straightforward communication about
every client’s case. I have been helping the seriously injured since 1991 and know how to negotiate, and when to take our client’s matter to court. When you need to hold a negligent Uber, Lyft or other car-for-hire drivers accountable, call us.” These types of accidents truly require the expertise of a legal professional. A qualified personal injury lawyer understands the creativity and persistence necessary to bring about a positive outcome for you in this type of suit. If you were to try your case yourself, the tricky legal atmosphere surrounding accidents caused by Uber and Lyft drivers can easily leave you unable to negotiate a settlement. Even if it seems like a collision where the fault clearly points to the livery driver, it can quickly become far too complicated to fight without having the legal knowledge a personal injury lawyer can provide. Most law firms operate on a contingency basis, meaning they won’t take payment unless you win. Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
With more people using Uber or Lyft, holding their drivers accountable protects everyone in our community.” Andrew Finkelstein ADVOCATES UNITED ATTORNEY
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20 | December 2017
the REAL
DEAL
Should you hire an attorney when purchasing a home? You have always dreamed of owning a home, a place to raise a family. You and your spouse carefully saved the down payment for a home, and you have been pre-approved for a mortgage. Now what? It all seems overwhelming and you would feel more with legal assistance REAL ESTATE atto ease guide you through the process. It’s true that your real estate agent can help with the basics, but any kind of slip up or forgotten paperwork could break your deal and cost you thousands of dollars. “Real estate transactions require a tremendous amount of paperwork. It is always in your best interest to be represented by an attorney who specializes in real estate law” said Jennifer Safier of Advocates United. Your lawyer will work with the Seller’s attorney and your broker to make sure your Contract of Sale is correct. They will also double check that home inspections are complete and review the deed and the title insurance policy. It’s important to be sure that all taxes and other adjustments are prorated properly to the date of closing, thereby avoiding you paying for expenses on the home prior to your actual ownership. Because buying a home is one of the most important transactions you’ll ever make in your life, it’s all the more reason to have qualified legal help looking specifically after your needs.
Sometimes real estate agents will try to discourage you from hiring a lawyer, because a lawyer might detect problems in the transaction that could delay the process. It’s better to discover any issues before you go through with the purchase, rather than finding out when it’s too late. Try to have the mortgage commitment finalized only with your lawyer’s approval. As they go through the mortgage commitment, they will double check to make sure the interest rate and fees are set up in your favor. Review of the proposed deed is also very important, any restrictions that have been created in prior deeds must be addressed. Also, your lawyer will review any homeowner’s association documents that may govern the neighborhood you are moving into. Given the amount of paperwork, legal hurdles and money involved in buying a home, hiring a real estate lawyer might seem like an unnecessary expense. But, for most people this will be the biggest purchase they will ever make. Hiring a lawyer for this process is essential to ensure your interests are protected. Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
“Real estate transactions require a tremendous amount of paperwork. It is always in your best interest to be represented by an attorney who specializes in real estate law”
Jennifer Safier ADVOCATES UNITED ATTORNEY
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The Legal Advocate | 21
Consumer legal funding could be your lifeline It’s possible to get cash before your settlement with no risk of the outcome Being a provider for your family isn’t easy but, at least before the accident, you were able to pay your bills on time so your family could finally have some financial security. After your injuries caused a loss of income, the bills, unfortunately, kept coming. And now with the holiday season upon us, you are left wondering how you will make ends meet.
LEGAL SERVICES
credit card payments or payments on other necessities which could have an immediate and longterm impact on a family’s finances. Consumer legal funding helps families avoid these financial traumas caused by accidents.
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Phil Greenberg, who was interviewed for this article, is General Counsel at Oasis Financial. If you would like to contact Oasis Financial to discuss your specific situation you can do so at 800-694-6084.
You’ve been assured that the proceeds expected from your lawsuit will more than cover your medical and living expenses, but lawsuits can take a long time to be resolved. What are you supposed to do right now? It may be years before you get your day in court, and until you get the compensation you deserve, you need a way to pay your bills now. Pre-settlement funding, or consumer legal funding, may be a way to get you the cash you need now. A consumer legal funding company provides non-recourse money in exchange for a portion of the anticipated future settlement proceeds. If the case is settled, the consumer legal funding company receives the previously agreed upon amount they purchased. It is not a loan. There are no periodic payments or fees. Best of all, there is no risk to the consumer. If you lose your case, there is nothing owed to the consumer legal funding company. According to Phil Greenberg, General Counsel at Oasis Financial, “Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.” Many families are unprepared to face a life-altering emergency. More than half of U.S. households are surviving paycheck-to-paycheck, which means that a car accident, job loss, illness, or injury could put a family at serious financial risk. If an injury prevents a plaintiff from working, it may be difficult to stay up-to-date on bills. While waiting for a claim to settle, a family may be forced to miss
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“Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.” Phil Greenberg GENERAL COUNSEL, OASIS FINANCIAL
22 | December 2017
Coping with a
permanent disability
SOCIAL SECURITY/ DISABILITY
Your next move should be a Social Security Disability lawyer
It looks like the compound fracture with added complications to your right forearm which will need several surgeries just to be stabilized. The prognosis for ever regaining full use of the arm is not good. A long recovery period, plus months of extended physical therapy will be required to get any kind of motor skills back. It will probably be more than a year before you can return to work as a nurse, if ever. What will become of your life without any income? With the average disability case taking months to settle, it’s probably a good idea to find an attorney, one who specializes in Social Service Disabilities Insurance (SSDI). The sooner they can get started organizing your case, the better.
“
But why would you hire a lawyer for something that seems easy enough to work out on your own? For starters, the application process is extremely complicated. One misplaced word, or filing the wrong “alleged onset date” of the injury can cause your entire case to get bogged down in bureaucratic red tape, or worse yet, be thrown out completely. A disability attorney understands what type of medical records are needed to prove the severity of the injury. Also, they have experience obtaining written statements from medical professionals
involved in your case to attest to the physical losses due to the injury. The odds of making an error while winding your way through the maze of requirements is very high, plus the Social Security Administration (SSA) will only allow four chances to have a case heard. In fact, 60 percent of all claims are denied in the initial filing, climbing to 80 percent losing during the appeal phase. The success rate is much higher for those who choose to file with the help of a qualified attorney. “The benefit money for SSDI claims is collected from Social Security taxes. The amount paid to an individual is calculated by how much they’ve paid into the system over a period of years,” said Advocates United attorney Pam Thomas. Before the case is heard, lawyers usually don’t charge for their time, although they might ask for a small amount of money to cover expenses, such as mailing and copying, with any unused portion being refunded to you. The balance of the attorney fees are not paid until the case is won. The SSA only allows for 25 percent of the back pay be awarded, or up to $6,000 as a maximum payment for the attorney services rendered. Pam Thomas, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
The benefit money for SSDI claims is collected from Social Security taxes. The amount paid to an individual is calculated by how much they’ve paid into the system over a period of years.” Pam Thomas ADVOCATES UNITED ATTORNEY
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The Legal Advocate | 23
S
he heard, “Oh no,” all the way upstairs as her husband was going through the day’s mail. He was already sitting, rubbing his brow, when she saw the envelope from the IRS and hoped it wasn’t a dreaded audit. It was, and both were filled with apprehension and fear. Even though they knew they had nothing to hide, they still felt helpless about being at the mercy of the biggest bureaucracy in government.
TAX
If this should happen, the first step is to try and relax. The vast majority of audits are taken care of via the mail and you probably won’t have to face an “interrogation” from an auditor. Every case is different though, and there’s always a possibility that you will be confronted with more questioning. You might be required to go to an office for the audit, which probably indicates that some clarification on information you have submitted is needed. The hardest audit to go through is called a field audit. If you’ve been tagged for a field audit, an agent will come either to your home or business to conduct a more in-depth interview. This is because major discrepancies have been detected in your return, which will lead to many more questions that must be answered before the matter can be finalized. It’s helpful to know that often when the agent makes changes to the existing return, it can clear up the audit. Believe it or not, some return errors have resulted in extra monies being paid back to the taxpayer.
If that’s not your luck, hiring an attorney, can be the answer to achieving a positive outcome. A tax lawyer will know what paperwork you’ll need to submit to the auditor. Sometimes, more importantly, they know what paperwork you shouldn’t give them. Bringing along unnecessary information can pique an agent’s curiosity, which can further complicate your in-field audit. Letting your lawyer do the talking is also beneficial in keeping you from saying the wrong thing. You really don’t want to irritate the auditor with argumentative behavior; they have the power to make things very difficult. Don’t ever ignore the IRS, as they have sweeping powers, and will find you no matter how hard you try to hide. If things have gotten this far out of control, having a lawyer by your side is a must. They can negotiate compounded interests and maybe have some fines reduced or eliminated. Going up against the IRS is very serious. Having professional legal help can be your answer to getting out from under all the pressure the IRS can exert over your life.
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DREAD letter day An attorney will help you through an IRS audit
Don’t ever ignore the IRS. They will find you no matter how hard you try to hide. If things have gotten this far out of control, having a lawyer by your side is a must.
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24 | December 2017
Trending News New York Times sues woman pretending to be reporter The New York Times is suing a Manhattan woman who has allegedly pretended to be a Times reporter for four years.
Not a
Perfect 10?
Contessa Bourbon first came out as a Times reporter at an event in 2013. Since then, she’s held up the disguise in an interview with the Turkish ambassador and at a speech given by Education Secretary Betsy DeVos. On her Twitter bio, she claims to be a reporter for the Wall Street Journal, The Times of London, The Guardian and The Washington Post.
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Man breaks hip watermelon shopping in Walmart, wins $7.5 million An Alabama man who broke his hip after slipping in an Arkansas-based Walmart has been awarded a $7.5 million verdict. Henry Walker was at Walmart shopping for a watermelon when he trapped his foot in the pallet beneath the watermelons, causing it to break. He and his attorney successfully argued that Walmart should have had the pallet covered to prevent accidents and injuries like Walker’s.
Walmart argued that the display was not dangerous and that the blame should have been placed on the negligence of the shopper, not the retailer. In a court filling, Walmart stated, “Walmart continues to display watermelons in the same manner as it did on June 25, 2015. These displays come to the store from the producer already packaged and ready to be dropped and displayed.” The major company has announced plans to appeal, calling the court’s decision “excessive in light of the facts in this case.”
The Manhattan Supreme Court lawsuit stated, “Ms. Bourbon is not, and has never been, employed by The Times, as a reporter for The New York Times, or in any other position or capacity.” With the help of experienced attorneys, the American newspaper company with worldwide influence is suing the phony reporter to force her to give up her guise, claiming that her scheme “is likely to cause confusion or injury to the business reputation of The Times, or dilution of the distinctive quality of The Times’” trademarks.
The Legal Advocate | 25
Producer of “Emeril’s Florida” sues House to block subpoena Popular television show “Emeril’s Florida,” hosted by celebrity chef Emeril Lagasse, is at the center of a lawsuit between the show’s producer, Pat Roberts, and the Republican-controlled Florida House. Visit Florida, the state’s tourism agency relying mainly on state funding and taxpayer money, has a contract with MAT Media, Roberts’ production company. Their contract was made public, but the House asked Roberts to voluntarily release a much more detailed account of transactions and federal tax returns. They also requested documents showing the exact amount the producer had been paid from the show. Upon the producer’s refusal, the House issued a subpoena to obtain the records regardless. House Speaker Richard Corcoran called their original request a “completely reasonable request from the people responsible for guarding taxpayer money.” He stated, “If he has nothing to hide, he should have cooperated.” Now, Roberts and his company MAT Media are fighting to have a judge block the House-issued subpoena for the records,
Emeril’s is restaurant in Universal CityWalk, Orlando. claiming the House wants to unlawfully uncover trade secrets and confidential business information. One of Roberts’ attorneys commented on the case, referencing the politician expected to run for governor next year. He
stated, “One politician [Richard Corcoran] in his drive for publicity, power and higher office has trampled over the rights of private businesses and individuals that properly contracted services with a quasi-state agency.”
“Honey Buckets” sued over stench Fed up residents of Pacific, Wash. have filed a class action against “Honey Buckets,” a brand of portable toilets, calling the overwhelming smell of sewage a “homeowner’s worst nightmare.” Honey Buckets is located throughout the state of Washington. Its waste is pumped down to a recently expanded plant in the city of Pacific, where it’s turned into biosolds used for agricultural purposes. Residents who live nearby say the smell is overwhelmingly horrible, and have finally sought out legal assistance for help. According to the suit, which has recently been certified as
a class action, “Hazardous odors, gases, fumes, and contaminants have been and are being released from the Honey Bucket Facility property, interfering with the use and enjoyment of the Plaintiff ’s and the Class Members’ properties, have substantially impaired the value of their properties, and have caused adverse personal impacts such as annoyance, irritation, discomfort, and other similar physical ailments.” The Washington plaintiffs are seeking an injunction against the Pacific facility in addition to damages and relief for their loss in property value.
26 | December 2017
EMPLOYMENT
ON DEMAND Your life
You’ve got a bad habit of posting your thoughts on line, maybe a little too quickly sometimes. After all, it’s your business, you’re protected by free speech and you aren’t doing anything illegal. Then one day your employer asks for the user name and password to your social media accounts. Your first reaction is horror, as you try to think of ways to buy some time and get yourself out of the situation. According to Careerbuilder in a poll they collaborated on with Harris Polls earlier this year found, more than half the company’s surveyed won’t hire a candidate they can’t locate on line and up to 70 percent now use social media to screen possible candidates. But asking for personal passwords? Isn’t there some kind of protection against your employer poking around in your private life? The answer is varied; some states forbid this practice while others haven’t quite caught up to having laws on the books yet. It seems like an invasion of privacy. What if they find something they regard as offensive, can you be let go because of it? This is legal. What crosses the line into questionable territory is when an employer reprimands or fires someone over personal posts they have on their accounts. “The National Labor Relations Board (NLRB) receives thousands of complaints every year about employees being fired over questionable content they have posted,” said Advocate United’s attorney Amanda Gayle. Most of these complaints do not rise to the level of filing a lawsuit. That rests specifically on what is stated in the company handbook or your contract, about social media.
When your boss requests access to your social media accounts
“The National Labor Relations Board (NLRB) receives thousands of complaints every year about employees being fired over questionable content they have posted.” Amanda Gayle ADVOCATES UNITED ATTORNEY
If the policy states that they have the right to look at your accounts, if they suspect misconduct or violation of an existing law, you must abide by the request or possibly lose your job by refusing. If you think the company is overstepping its policy especially in the realm of discrimination, you should seriously consider hiring an attorney that specializes in employment rights. Because employees do have rights that are protected, it really depends on what the policy says. If you feel that you might have a case, contact an employment rights attorney who will help you decide whether to negotiate or litigate. Employment claims are very complex, taking many months and sometimes even years to be resolved. Your lawyer will keep you apprised of any changes to laws pertaining to your case. They will also help you recover any settlements that may be awarded. Amanda Gayle, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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The Legal Advocate | 27
Your spouse has protection options from premature Medicaid spend-downs
The scenario can be heartbreaking – and it’s all too common: One married partner must apply for Medicaid in order to enter a nursing home for long-term care or to receive community-based health care - and both spouses worry about what will happen to their home and their hard-earned savings.
ELDER CARE
In some cases, a couple can lose many thousands of dollars in premature spend-downs to become eligible for Medicaid – as well as putting the other partner (known in legal terms as the “community spouse”) at risk of becoming impoverished. “Many couples take action out of fear and based on misinformation, such as having heard that they must automatically spend down half of their assets before one of them can be eligible for Medicaid,” said Joseph Rones of Advocates United. In fact, the law offers several ways to legally protect at least a portion of one’s finances in this type of situation. For instance, while a couple’s checking and savings accounts and some other forms of savings are, indeed, generally subject to spend-down rules, some personal assets - such as a home, car,
“Many couples take action out of fear and based on misinformation, such as having heard that they must automatically spend down half of their assets before one of them can be eligible for Medicaid.” Joseph P. Rones ADVOCATES UNITED ATTORNEY
furnishings and certain other items - are generally exempt from spend-downs.
nursing home placement requirements, and what financial moves can be legally made.
Certain other financial protections may be available to assist the “community” spouse. Federal law, for instance, provides for a “monthly maintenance needs allowance,” or MMNA – a monthly amount of income which the spouse is permitted to receive.
Further, you will also be guided through the steps to help assure that both spouses will be properly cared for in terms of protecting as much of your hard-earned assets as possible during this especially vulnerable time.
The key is to know exactly how these complicated legal rules work in your state, and what portion of a couple’s finances and belongings can lawfully be protected or transferred. That’s why it’s vital to hire a skilled elder care attorney who has extensive knowledge of Medicaid and the law regarding protection of married partners’ assets. Your lawyer will advise you about the current status of Medicaid and
Joseph Rones, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
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The content of this page is covered by and subject to the Legal Disclaimer found on Page3 of this edition.
28 | December 2017
EDUCATION LAW
Decisions of discipline Behavioral problems in high school can spell trouble for your college-bound kids High schoolers have been known to make some not-so-smart decisions while on school grounds such as bullying, cheating on tests or inappropriate posts on social media. Because the U.S. Constitution requires school administrators to use progressive and minimally severe disciplinary tactics, most of those troublemakers don’t face suspension or expulsion. But will your teen’s irreverent behavior jeopardize his or her entry into higher education? In a study conducted by the Center for Community Alternatives, researchers found that 3 out of 4 college admissions boards check high school disciplinary records in order to help them make decisions on student applicants. Some supporters agree with this process, claiming it will help to prevent students with behavioral problems and violent histories from entering college campuses, therefore making the safety of current and future students a priority. Those in opposition argue the records actually have very little predictive value, and only reduce a student’s opportunity to receive a higher level of education based on what is typically a minor offense. But once the suspension is already on record, is there a way to wipe it clean? Unfortunately, for the parent of child, there is not. According to the U.S. Department of Education, under FERPA (The Family Educational Rights and Privacy Act), parents can request changes to a student’s permanent record only if information is incorrect, misleading
“In some instances parents hire attorneys to expunge a student’s disciplinary record so that a college admissions board will not have access to it.” Jennifer Safier ADVOCATES UNITED ATTORNEY
or in violation of a student’s rights. They cannot, however, challenge grades or disciplinary records. “In some instances parents hire attorneys to expunge a student’s disciplinary record so that a college admissions board will not have access to it,” said Jennifer Safier of Advocates United. If you feel your child was wrongly or excessively punished and are worried about how it may affect this or her chance of college admission, contact an education attorney right away. There are ways, however, to stop the process before it gets to that harmful level. If your child is accused of misconduct that could lead to suspension, expulsion or even criminal charges, you should contact an experienced attorney who specializes in education law. In some states, these attorneys will be allowed to represent your child at school hearings. An attorney can mean the difference between a student being seen as a “problem child” by a college admissions board, and a student whose grades and extracurricular activities are left to do the talking.
A good way to ensure that your child is not receiving a harsher punishment then deserved is by going through the Code of Conduct or Discipline Code booklet for your child’s particular school. These informational guidelines explain exactly what type of behaviors warrant a suspension versus a less severe form of discipline. There is one, positively doubt-free way of ensuring your child will not have a suspension lingering on his or her permanent record - don’t get suspended. Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United to discuss your specific situation you can do so at 888-208-8105.
Would you like more information? Visit us at TheLegalAdvocate.com
The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.
The Legal Advocate | 29
Crossword
by Myles Melor
Personal Injury 30 Pick out from a line-up 31 Alien in film that made millions 32 Open and fast moving vehicle which is susceptible to critical accidents, for short 33 Radio band 34 Type of liability 36 Bodily injuries abbreviation 38 Negligence or fault 39 Judge’s opinions
Down 1 Subject of ongoing wrongful death liti
Across 1 Wrongful acts that are not criminal and
are not related to contract 5 Hung. neighbor 7 Free from liability 10 Legally answerable 11 ____ rosa 12 TV show set in California, with The 14 ___ bono 15 There has to be one in a class action law suit
18 Imposing a general liability, legally- 2 words 20 Consumption 21 One who accepts service 23 Investor’s profit, for short 24 Link 25 Compete for a job 26 Legal adjective related to force, especially when dealing with police brutality 29 Companies, for short
gation against Johnson and Johnson 2 Go in front of the judge again 3 Betrayal, in a way 4 Medical emergency group, for short 5 Bike that travels off-road, for short 6 Declare as true 8 Inert gas 9 Type of damages 13 Pays in reparation for damages 14 The last P in PIP 16 Nation with a constitution 17 It gives official approval in law 19 Pharmaceutical company sued in relation to its Diabetes 2 drug Actos 22 Requirement 27 Word before rights or law 28 Partly 33 Lawyers’ grp. 35 “___ death us do part” 37 Senior, for short
Stumped? Find our crossword solution on the next page. Our puzze is also available online at TheLegalAdvocate.com
30 | December 2017
This month in legal history December 1, 1959
December 6, 1921
On this day, twelve nations, including the United States and Soviet Union, signed the Antarctica Treaty. This treaty banned military activity and the testing of weapons, including nuclear weapons, in Antarctica. Scientific ventures were still allowed and scientists were not banned from any specific area in Antarctica. This treaty marked the first step of US and Soviet arms control and political cooperation during the Cold War.
The five-year struggle for Irish independence from Britain is ended. The Irish Free State is declared consisting of four-fifths of Ireland. This newly freed state was supposed to remain apart of the British Commonwealth but they later severed ties with England. This nation is now known as the Republic of Ireland.
December 3, 1979 A general ticket holder stampede at a Who concert in Cincinnati, resulted in the deaths of eleven people. The Riverfront Coliseum’s “festival style” seating chart left the staff outnumbered and unable to process all of the concert goers. The show was set to commence at 8:00pm but fans began lining up outside the locked doors
Legal Ease
December 25, 1914 around noon. Approximately 8,000 general admission ticket holders were waiting outside the doors when shoving broke out and patience grew thin. The glass doors blocking the venue’s entrance were shattered and fans flowed in. Police were on scene but physically unable to stop the masses. This tragedy resulted in the ban of festival style seating in the city of Cincinnati.
This marks the day the power of Christmas became visible with the Christmas Truce of 1914. In the midst of World War I soldiers ceased fighting and began to sing Christmas carols. The German soldiers were the first to embrace the Christmas spirit and lay down their arms. Enemies exchanged presents, sang carols, and played games together. This was one of the last examples of chivalry amongst enemies in warfare.
by Marty Bucella
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The Legal Advocate | 31
Oddball Law Topless in Seattle
by Alyssa Stalzer
A longstanding law in Washington State prohibited women from breastfeeding in public, but in 2001 the law was repealed.
Not OK in OK Xmas mess If you live in Maine, don’t leave your Christmas decorations up past January 14. You could be charged a fine.
A law in Oklahoma prohibits bear wrestling. This relatively recent statute was passed by the state in 1996.
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