KalishLawTexas' legal blog The Woodlands

0 31 Aug 2010

How to Respond to Discovery in Your Lawsuit | The Woodlands, Texas Lawyers

Kalish Law Office | 25907 Oak Ridge Drive | The Woodlands, TX 77380
Phone: 281-363-3700 |

If you are involved in a lawsuit, you may find that you have to answer discovery requests.
The “discovery period” in a suit is just what it sounds like; a time for the parties to find information and organize it for use in the case. Ah, finally a legal term that actually makes sense!

One type of discovery is a deposition. If you have one of those scheduled, you should prepare for it in advance. Your attorney will talk with you about what type of questions to expect, and whether you should bring any documents, computer files, photos, etc. to the event.

Most discovery is done on paper. A commonly used discovery document is called Interrogatories. Once again, they are just what they sound like they should be; questions.

It is important to work with your attorney as a team when you are answering interrogatories. That doesn’t necessarily mean that you need to sit down together to answer them (although you might). But it does mean that teamwork is essential here. You have first-hand knowledge of events that your attorney does not have. You will need to supply the who, what, where and when. Your attorney will be responsible for making sure that the proper legal format is followed, that the important issues in the case are brought out, and that all of the facts are presented in a light that is most favorable to you. (= advocacy!).

You may also be asked to produce documents and items in your case. This is called a Request for Production. Again; be on time, be honest, be complete, take it seriously, and ask questions if you don’t understand.

You may also be required to answer a Request for Admission”, and you will be asked to admit or deny a list of statements which are presented to you on paper. It is crucial that these answers be promptly answered. Refusing to answer or answering too late is treated as an “admission”, which will help the other side make their case against you!

Some discovery requests deal with “legal theories” of the case, and these questions will be answered with your attorney. Your attorney will also be able to deal with any requests that are improper or irrelevant.

A few warnings about discovery: You can be penalized by the judge if you are not truthful or complete in your answers, if you refuse to answer, or if you are not on time with your answers. You may have to pay some attorney’s fees for the other side.

You should always be prompt with your answers to discovery. Get them in your attorney’s or paralegal’s hands by the date you are requested to do so. This will allow him/her to review the answers and schedule a meeting with you, if necessary. The paralegal will have time to prepare drafts for review, and then prepare and proofread the final copy for signatures.

The purpose of discovery is to promote information exchange, lead to possible settlement/ intelligent preparation for trial, and to save time in court.

0 19 Aug 2010

Stalking Through Cell Phones: Are YOU a Target?

Technology certainly has made our lives easier. If you doubt that, just try to get through the day without your cell phone, BlackBerry or computer. If you are “not into all that”, consider your life without a cordless phone or answering machine.

Technology has also made life easier for stalkers, controlling abusers, and perpetrators of family violence.

If have someone in your life that fits the above categories, pay special attention. If you don’t, pay attention anyway because doing so will help you maintain the level of privacy that you desire. This article applies to everyone, not just people who are in need of a protective order.

I am interested in this subject since I am a divorce attorney. Since my firm has been providing divorce services in The Woodlands area for over 26 years, it’s pretty accurate to say, “we’ve seen a lot”.

If that obsessive person in your life wants to find out something about you through your cell phone there are several ways to do so. First of all, s/he can have an app installed on your phone that will enable GPS. In order to do this easily, s/he will have to either be the master account holder or an authorized account holder, or have access to your cell account by logging in.

Another way to do this is for someone to hack in and surreptitiously download spyware onto your phone. The spyware can tell him/her a variety of things about where you are, who you are calling, etc.

There are also a variety of “friend tracking” technologies available. In order to use these, the software will need to be installed on your phone, (and the phones of your friends or contacts). After it is installed, the users can immediately see where their friends are located, by looking on their own mobile phone or computer. Some of these technologies do not require GPS to be installed on the phone. MOTTO: Know what is on your phone, don’t allow anyone to play with your phone and don’t leave it lying around unlocked around people you don’t completely trust.

Default settings on your cell phone, which transmit your location, vary, depending upon the carrier and the make and model of phone that you have. There are ways to activate privacy settings which only allow your phone to transmit your location during 911 calls.

But all of that is pretty common knowledge these days, and requires some other person in your life to take some specific action. What you should know is that there are other ways that people can get information about you and your whereabouts. Even STRANGERS. And YOU are the one who is providing that information to the entire world.

When you snap pictures or send Tweets or status updates from your smartphone the pictures have “geotags” on them. These geotags don’t show up on the picture or Tweet, but they are embedded data (“metadata”) that can be read if the user has the tools/savvy to know how, or cares to find out. If you are sending a picture of The Statue of Liberty and tweeting about your vacation you may not care. But what if you have just taken a picture at home? Or at your children’s school? Do you really want to broadcast all that information to an audience that may include wackos and stalkers?

The website Icanstalku provides detailed information about stalking through cell phones, and information about how to turn off geotagging functions on various phones. http://icanstalku.com/

As the dangers of privacy invasion become more obvious, some of the status and photosharing sites are now making changes so that the geotags are supposedly wiped off prior to internet posting. But not all of them are there yet.

Employers who provide cell phones to their employees may also use this information in order to track employees for various reasons.

If you have children or teens that are using cell phones it is important to be sure that they are aware and protected as well. You should educate yourself about the model of phone your child has and what information your child is broadcasting from that phone.

Kalish Law Office has been providing legal services in divorce, family law and business to The Woodlands, Conroe and Houston area since 1984. We urge you to always be careful about any private information that you choose to share. http://www.kalishlawblog.com/

0 9 Aug 2010

Gathering Proof for Your Divorce, Custody or Modification Case: Kalish Law Blog

If you are, or may be involved in a case involving divorce, custody, visitation, or child support, it is not too soon to begin gathering proof. It is easy to forget to save things or document events when you are caught up in your day-to-day routine. Here are some ideas about what may help you later on.

1. Potential Divorce: Bank statements, credit cards bills, deeds. Any documentation showing assets or liabilities. Copies of insurance policies, 401k plans, your spouse's paycheck stubs, employment contract, profit-sharing plan, and copies of your tax returns for the last 5 years. Keep copies of these important documents in a safe place, especially if you believe that your spouse might try to keep them from you. Even though you will be able to request them through the discovery process once you have filed the divorce, it will cost time and money. If you are able to get them in advance you will know what you are dealing with financially and will be able to provide your attorney with copies at your first meeting. If you are alleging infidelity fraud you should keep copies of evidence to support your charges. And, most importantly, if you are physically abused, police and/or doctor's reports will provide evidence that it was severe enough for you to take action to protect yourself.

2. Child Custody/Visitation or Modification of Custody/Visitation: Photos, letters, and emails that support your position about what would be in the best interests of your children. If your child's other parent is not a good caretaker or lives a lifestyle that is dangerous to the children, keep a diary of events and information with dates and times. Remember to practice good parenting skills, which means not degrading the other parent to the children, not asking the children to spy on their other parent, and not giving them information that is unnecessary or inappropriate for them to hear.

3. Child Support: Keep good records on the amount of child support you received or paid. Be ready to show expenses to document what the children need, or how those needs are already being met. Keep good records of your own earnings and expenses to help demonstrate the financial picture of the family. If your child is a child with special needs, be ready to demonstrate those needs with school records, medical or psychological records, or witnesses such as tutors or teachers.

The most important thing to remember is that you will need to tell your story to someone who doesn't know you or your family. Do your best to lay the story out in a chronological, understandable fashion. The more objective proof that you present, the better chance you will have of settling or winning your case. A coherent, organized file will help attorneys, mediators, and the judge to understand your story and your goals.

Don’t be afraid to have a consultation appointment with a family law attorney as a means of “advance planning.” Your decision regarding whether or not to take legal action is a serious one, one that will affect your life and the lives of others. If you are having trouble making a decision, remember that “inaction” will have benefits and consequences just like “taking action” will. For that reason, you should seek information and assistance when you need help understanding options or making a decision.

At Kalish Law Office in The Woodlands, our divorce and family law attorneys can help you clearly understand your options.

0 30 Jul 2010

Documents that Prove U.S. Citizenship: Kalish Law Blog

There are 5 documents that can serve as proof of your citizenship

Your birth certificate. If you were born in the United States, and have a properly filed and certified birth certificate, that is proof that you are a citizen. You may also have been born in another country to U.S. parents, who registered your birth with the U.S. Embassy, and then you will have a birth certificate issued by the U.S. Department of state, rather than a state government.
Your U.S. Passport
Certificate of Citizenship, if you were born outside the United States or received your citizenship through a U.S. citizen parent (including adoptees)
Your naturalization certificate

If you were born outside the United States to a U.S. citizen parent, or adopted as a child by a U.S. citizen parent after your birth, you may find yourself in a situation where you don’t know if you are a citizen. You should know that you are not alone! You may also know that you are a citizen but lack proof. There are many people who are in this situation as well.

Because the immigration laws have changed over the years, it is important to have exact dates and places of events in order to analyze the citizenship claim. For instance, a person born in Canada to U.S. parents in 1955 has a completely different situation from a person adopted by U.S. parents from Russia in 2002. Another situation exists for a person who is born at the U.S. side of the border with Mexico to a midwife in 1977. Different laws apply to each, and in each case there are different ways to prove their U.S. citizenship.

If you are not sure whether or not you are a citizen, or you know that you are a citizen but you don’t have proof, there is help available to you. Both USCIS and the U.S. Department of State have websites with information to help you.

Some cases will require the assistance of an immigration lawyer in researching the law and applying for the proper documentation.

Without proper documentation of U.S. citizenship, it is difficult to attend college, apply for certain loans and programs and travel freely.

You only need to think about the current situation in the state of Arizona to understand why it is so important to be able to prove your citizenship on a moment’s notice.

0 28 Jul 2010

Is it Abuse? Divorce and Family law blog: Kalish Law Office

Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence. (www.helpguide.org)

Control over another person can be in the form of physical abuse, or it may be emotional. Control can also be financial, especially when one partner deprives the other partner of basic necessities. Financial abuse can also occur when one partner keeps all of the family finances a secret, or takes complete control of everything and makes all decisions.

Men who are victims of abuse, especially physical abuse, may have difficulty admitting it and asking for help. Abused men need and deserve help. In fact, men can be particularly vulnerable to abuse because of the stereotypes that exist. A man in need of help may feel ashamed and vulnerable if he tries to report the abuse to law enforcement or a help center.

Abuse happens in all economic classes and communities.

When one partner is vulnerable due to low self-esteem, a physical or mental disability or handicap, illegal immigration status, or lack the ability to earn his/her own money, an abuser will use that to terrify, frighten and intimidate.

If you, or someone you know is a victim of abuse, you should be aware of the following:

There are shelters and community resources available
You can seek legal help from a private attorney or a non-profit group
Documenting physical abuse by calling the police, taking photos, and seeking medical or psychological care can help prove your case
You can seek legal help to plan ahead, even if you are not ready to take action yet
You should know about safe places that you can go
You can seek a protective order from a court, when appropriate. However, you still must look out for the safety of yourself and your children
If you are an immigrant who is married to a U.S. citizen and have been subjected to battery or extreme cruelty, you may be able to benefit from VAWA (Violence Against Women Act) and apply for residency
Staying "for the sake of the kids" is risky, and your children are at psychological risk, not just physical risk
No one deserves to be abused, ever

0 20 Jul 2010

106-year old Woman Becomes U.S. Citizen

The news today carried a story of a 106-year-old Chicago woman who became a U.S. Citizen. Ignacia Moya has realized her dream of citizenship after 40 years in the United States, and says that she looks forward to voting in November! http://bit.ly/dp1dLZ

Ms. Moya has been in the U.S. for 40 years, and loves this country. She had studied for her naturalization exam and tried to learn English, but it was too difficult for her because she has problems with her sight and hearing. She applied for, and was granted a medical waiver.

If you have been in the United States legally, are a green card holder, but haven't taken the exam because of problems learning English or problems studying due to age or a disability, you should know the following facts:

1. In order to obtain an exemption from both the English language requirement AND from the civics test you must be unable to learn the language or take the civics test due to a medical condition or disability. A medical certification from a qualified health care provider is needed and form M-648 must be filed with USCIS.

2. In order to get an exemption from the English language requirement ONLY, you must meet one of the following situations:

A. You are age 50 or older at the time of filing for naturalization and have lived as a permanent resided for 20 years or more OR

B. You are age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years.

You will still have to take the civics examination in your own language.

3. You can also request that USCIS make accommodations for your disability during the naturalization process. (this includes interviews).

Our congratulations to Ms. Moya and her family. I am sure that her children, grandchildren, and great-grandchildren are proud and happy!

If you have been a permanent resident for many years, and have not taken your citizenship exam yet, why not apply for naturalization now? Kalish Law Office is available to consult with you, review your situation, prepare your naturalization application, apply for any accomodations or exemptions that you are entitled to receive, and assist you with the process.

0 19 Jul 2010

Why Should you Have a Power of Attorney for Health Care? Kalish Law Blog

A Power of Attorney for Health Care, sometimes called a “Medical Power of Attorney” is a legal document signed by a person who understands what s/he is signing, while s/he is still able to make his/her own decisions (i.e. is competent). This document allows you to name someone as your agent to make medical decisions on your behalf in the event you become incapacitated and are no longer unable to make your own medical decisions.

A Medical Power of Attorney is sometimes confused with a similar legal document called an “Advanced Medical Directive” or “Living Will.” While both of these documents pertain to your health care needs, they actually serve different purposes. The Medical Power of Attorney gives your agent the authority to make medical decisions for you based on his/her best judgment. In contrast, the Advanced Medical Directive gives your agent the authority to carry out the directions you have provided in advance, in regard to how you would like your medical situation to be handled in the event you could only survive upon receiving artificial life-sustaining treatment. Additionally, you can specify directions about whether you would allow an autopsy or use of experimental procedures. This allows you to give instructions to your physicians and family members well in advance.

Having a written Advanced Medical Directive is also a kind thing to do for your family, because it takes the guesswork out of the situation, making the decision as to artificial life-sustaining treatment less burdensome. Your loved ones will have clear, written instructions, which were signed by you. These directives are helpful to medical personnel and facilities for the same reason.

Drafting the directive will force you to sit down and decide how you feel about certain issues that people tend to want to put off thinking about. Once these decisions are made and the forms are signed there is always a feeling of relief and accomplishment.

One very important aspect of both Medical Powers of Attorney and Advanced Medical Directives involves your ability to choose the person or persons who you would like to speak for you (i.e. your agent). This is especially helpful for persons who are in long-term relationships that are not legally recognized. (For instance long-term partners who are unable to marry or who choose not to marry or persons who are “like parent and child” but have never pursued a formal adoption).

At Kalish Law Office, we have 26 years of experience in estate planning matters, including Medical Powers of Attorney and Advanced Medical Directives, as well as other legal areas which help individuals, families and businesses plan for the future. At our firm there are attorneys with a background in health care as well as an attorneys and staff who are fluent in both English and Spanish.

Don’t put off taking care of this important issue!

0 30 Jun 2010

How Not to Screw Up Your Case

If you are involved in a legal case, here are some ways to keep the conflict from escalating.

Keep your mouth shut. Don’t say whatever comes into your mind, whenever and wherever you feel like saying it, even if it makes you feel better. If you are involved in a custody battle or divorce, be sure your kids don’t hear you saying things that they shouldn’t. Don’t write texts and leave voice messages while you are angry, ill, or overtired. Or drunk.

Don’t talk to other people about things that would have been covered by attorney client privilege. Bringing third parties into a meeting between you and your lawyer is also a bad idea for this same reason. Those third parties could be called as witnesses and will be asked about things that you may have been able to keep between you and your attorney.

Don’t post all of your personal business on Facebook, Twitter, and other social networks. Be careful, even in posting and photos that you see nothing wrong with. An “innocent” post could cause you a lot of trouble when read by someone who is upset with you to begin with. Social networks can be used by any opposing party or attorney to get all kinds of information to use against you.

Don’t disregard what your attorney tells you, even if you think s/he is being overly cautious. Don’t try to run your case yourself. Promptly return calls or emails from your lawyer, and keep him/her up-to-date with your contact information. Don’t forget to tell your attorney important facts about your case and don’t let him/her find out for the first time in the courtroom with the rest of the world. If you are given “discovery” to answer, work on it as soon as possible.

If you have a mediation, trial or hearing, don’t disagree with your attorney in front of others. Dress appropriately, and don’t let a bad attitude or anger show, even if you would rather be anywhere else on earth. Don’t chew gum or whisper and fidget during the proceedings. Watch your facial expression, even if something that is said shocks you, upsets you, or is blatantly untrue. Keep anger at bay.

Following the above suggestions will help you feel more in control, and will assist you and your attorney in making the best possible presentation of your case.

Remember, you and your lawyer are a team, and should strive to work together cooperatively and efficiently.

0 25 Jun 2010

Should You File For Naturalization? The Pros and Cons

Should You File for Naturalilzation? The Pros and Cons http://ping.fm/MVfaD

via Ping.fm

0 23 Jun 2010

Five Things to Do to Help You Choose a Lawyer

Choosing a lawyer to represent or advise you can be difficult, especially if you don't know any personally. Here are 5 suggestions to help you choose the best lawyer for the job.

1. Get a personal recommendation. Just like choosing a doctor, choosing a lawyer can be easier if you have some insight into the lawyers practice from a client who has been there. Talking to a former client will help you get a "feel" for the practice.

2. Do your own research. The Internet is a good place to find information about lawyers. Once you have performed a search using your area of town and the type of law you can look at the firm's website, and the pages devoted to the individual attorneys and areas of practice. Goggle the firm and see what else comes up.

3. Make contact with the firm through an email or phone call. Ask for some general information. Look for promptness and politeness. Be sure that the attorneys handle the type of legal matter that you have. If not, ask for a recommendation to someone else. Don't be surprised if you can't get a price estimate or estimate of how long the matter will take to conclude. These are two questions which will usually need to be answered by the lawyer after a consultation with you, if you expect the answers to be accurate ones.

4. Get a consultation. The consultation is your chance to ask questions and see if you like the firm's atmosphere and are happy with the attorney's personality, knowledge, and experience. It is also a way for you to decide between two firms if you are unsure. Whether you ask for a face-to-face consult, or a telephone consult, you will be able to get enough information to determine how the attorney will handle your legal matter. The attorney will then be able to get enough information from you to set a reasonable price and plan.

5. Put it all together. Decide for yourself if you are comfortable with the lawyer and firm, whether it is in a convenient location for you (if you will need to appear personally at the office), whether you believe the attorney has the knowledge and experience to handle your type of case, and whether you are satisfied with the price quoted.

KalishLawTexas' legal blog The Woodlands

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31 Aug 2010

How to Respond to Discovery in Your Lawsuit | The Woodlands, Texas Lawyers

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19 Aug 2010

Stalking Through Cell Phones: Are YOU a Target?

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9 Aug 2010

Gathering Proof for Your Divorce, Custody or Modification Case: Kalish Law Blog

0

30 Jul 2010

Documents that Prove U.S. Citizenship: Kalish Law Blog

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28 Jul 2010

Is it Abuse? Divorce and Family law blog: Kalish Law Office

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20 Jul 2010

106-year old Woman Becomes U.S. Citizen

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19 Jul 2010

Why Should you Have a Power of Attorney for Health Care? Kalish Law Blog

0

30 Jun 2010

How Not to Screw Up Your Case

0

25 Jun 2010

Should You File For Naturalization? The Pros and Cons

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23 Jun 2010

Five Things to Do to Help You Choose a Lawyer

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