The Costs and Benefits of “Do It Yourself”

It is not a big revelation to notice that the widespread use of the internet has hugely changed the way all of us operate.  With easy access to information through the world wide web, we can readily learn new things and become quite self-sufficient in managing our lives.  As we evaluate how to allocate our resources – both time and funds – one of the things to be considered is whether or not we will engage in “do it yourself” or engage in hiring someone to assist us with important transactions. In thinking about this basic question, I have come to conclude that the “do it yourself” approach is appropriate in many situations.  As I see it, if something ultimately does not have a serious impact on health, finances, or children, I will choose to undertake the research and do the work myself to accomplish what needs to be done. I will also frequently recommend that clients do the same. But in situations where the impact of an intervention or the lack of an intervention may involve long-lasting consequences, I approach the internet as a starting point to gather information and then engage expert assistance. In my professional life, I have had the experience of guiding clients through difficult times when their families are in transition.  It is my job to know and understand and explain how the law might affect my clients and how a judge in the City or in any one of the counties where I practice – Howard,  Montgomery, Frederick, Anne Arundel, Baltimore or Prince George’s –  may view the case.  I have repeatedly observed...

Governor Hogan Signs Bills Passed in 2016

Managing in the Digital Age & Modernizing Divorce Law Over the past few weeks, Governor Hogan’s staff has been busily reviewing bills passed by the Maryland General Assembly at the close of the 2016 session to ensure, among other things, that the bills meet the requirements of the United States and Maryland Constitutions.  Then, in what is truly a joyous celebration of democracy, legislators and citizens gather in the Governor’s ceremonial chamber in Annapolis to witness the signing of various bills that will shortly be added to the Maryland Code. One of the more interesting bills passed by the Maryland General Assembly this year is the Maryland Fiduciary Access to Digital Assets Act.  This new law empowers us to appoint fiduciaries, typically agents, personal representatives, or trustees, to manage our digital assets.  Such assets in the form of computer files, e-mails, text messages, along with photos, videos, music and game files can be accessed not only by a person who created these assets but by another who is properly designated, consistent with the new statute.  Such access will eliminate the uncomfortable and painful continuation of digital assets long after death.  For example, it is not unheard of to get a LinkedIn notice five years after a person’s death about the person’s work anniversary.  With this new statute, such messages can be stopped. The ability to appoint another to act on one’s behalf through the appointment of a fiduciary is not a new legal concept, but as we all know, the march of technology and its widespread uses has changed the way we do business.  The opportunity to update estate...

Frequently Asked Questions

Where should I file for divorce? Divorces are handled through the Circuit Court System in Maryland, which is divided into individual counties and Baltimore City. Maryland has twenty- three counties and Baltimore City as jurisdictions for Circuit Court proceedings. As a general matter, a complaint for divorce in Maryland is filed in the jurisdiction where the parties reside. If the spouses live in different jurisdictions, then the initiating party, the plaintiff, may file either in plaintiff’s jurisdiction or in the jurisdiction where responding party, the defendant, either resides or works. Special rules may apply when dealing with children. How long will the divorce take? The time it takes to obtain a final divorce in Maryland, which is referred to as an absolute divorce, depends on the facts and circumstances of the case. In general, if spouses can arrive at an agreement about their marital issues in advance of filing a complaint for absolute divorce, the time it takes for a judge to sign the order for absolute divorce is less than if parties engage in protracted conflict. Maryland courts have put in place a system of organization called differentiated case management. In most jurisdictions (counties and Baltimore City), a trial date in a contested divorce case will be scheduled within one year of the filing date of the complaint for absolute divorce. For uncontested divorces, a hearing on the divorce may typically be scheduled within ninety days of the initial filing date. What can I do to reduce the attorney’s fees? One of the most important actions that you can take to reduce the cost of the attorney in...

Always Updating: Mediation Training

In the same way we must pay attention to changes in the law made by the legislature and by the judiciary, for me it is also imperative to keep learning, to refresh my base of knowledge, and to be open to new approaches to help clients resolve their disputes. On March 3rd of this year, I received a Certificate of Completion for Mediator Training through the Maryland State Bar Association. Mediators who accept court appointments must update their training annually. I find that such training also enhances my work as a mediator for all clients, but most especially in the area of divorce and custody. During mediation, parties sit down with an impartial mediator. A trained mediator facilitates discussions between the parties with the goal of having them reach a mutually acceptable agreement. This form of dispute resolution enables parties to avoid having solutions imposed on them by the court system through the litigation process. While mediation is not easy, it may provide a quicker result and a less expensive path to resolution than litigation through the courts. At the start of the training, participants were challenged with a series of hypothetical problems to test our understanding of the Maryland Standard of Conduct for Mediators. Some of the subtle differences between legal information – which may be appropriate for the mediator to discuss – and legal advice- which is never appropriate for the mediator to disclose – were addressed. At the end of the training, I felt that my time was well spent. Not only did training provide time for reflection, but it affirmed my philosophy that mediation and...