by Cynthia M. Lifson | Mar 31, 2016 | Notes from the Desk of Cynthia Lifson
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...
by Cynthia M. Lifson | Jan 28, 2016 | Notes from the Desk of Cynthia Lifson
Like many of us after the hustle and bustle of the holiday season, I experience a bit of a let-down. All of the busyness associated with the end of the year fades as we gear up to endure the long darkness and cold temperatures of the winter months. As I write this brief note, I am sitting at my desk and feeling both uncomfortable and at peace. I am uncomfortable because after the huge storm we encountered throughout the East Coast and clean up that followed, my telephone, television, and internet are out of order. A snow plow inadvertently cut my line. As a result, I feel somewhat isolated. At the same time, I am at peace because I have found a way to remedy this temporary inconvenience to communicate with my clients appropriately (cell phones are truly a blessing) and I am also enjoying a bit of a break from the rapid pace of modern life. While I am generally not a fan of a huge drift of snow that impedes freedom of movement, I do appreciate its value. Snow also functions as a protective blanket to cover the earth to allow it to rest and prepare for a season of growth in the spring. So, too, can we learn from the winter season accept some of the tedium that may precede change. A whirlwind of activity by itself does not necessarily mean productivity. In applying this lesson from nature, it is my hope to reflect thoughtfully instead of reacting immediately to any situation whether it pertains to my life or the concerns of my clients. While occasionally emergencies...
by Cynthia M. Lifson | Dec 14, 2015 | Notes from the Desk of Cynthia Lifson
As we close the year and prepare for the holidays, all of us are typically bombarded with messages to give, give, give. All of this is worthy, but when you stop to think about it, giving can be really hard. Thinking about the ‘perfect gift’ for a friend or family member can be exhausting. Figuring out which charity or cause to support can be daunting because there are so many people who do good work to improve our community. Fortunately for me, I have had the opportunity as a member of the Board of Trustees of the Community Foundation of Howard County to learn about philanthropy. As a member of the Foundation’s Grants Committee, I participate in the review and evaluation of multiple applications from various non-profit agencies seeking support from the Foundation. Working with other members of the Grants Committee, we evaluate each proposal in terms of its purpose, budget, and how it fits with the mission of the Foundation: to inspire lifelong giving and to connect people, places and organizations to worthy causes in Howard County. The thorough preparation by the staff of the Foundation has made this task manageable, but the effort to pick and choose among many worthy entities remains considerable. While no final decisions by the Foundation have been made for this year, I am so honored to be a part of this process. Giving can be a challenge. Happily, the Community Foundation of Howard County simplifies this endeavor. P.S. For most people, I have noticed that chocolate is generally a winner. I hope you receive your perfect gift this holiday...
by Cynthia M. Lifson | Oct 1, 2015 | News, Notes from the Desk of Cynthia Lifson
Now that we are truly in the midst of the fall season, we can see that the initial tumult associated with back to school has somewhat subsided. As children settle into their academic year, most of us see the value of reasonable routines and predictability. Benefits derived from the re-organization of a family while adults, along with their children, are in the midst of separation and divorce appear to be counter-intuitive. Most people would agree that such a re-organization of the family unit is both painful and disappointing. Many fear that the impact on children is devastating. Why would anyone think that divorce is a good thing? I recently read an interesting article written by an adult whose parents divorced when she was a young girl. The author was careful to emphasize that her parents engaged in a cooperative divorce, but even under these circumstances, the transition in her family required great effort to achieve a new equilibrium. In commenting about how her parents’ divorce affected her, the author noted on several impacts on her that are rarely addressed in the public discussions about divorce. It gave me pause and I would like to share her reflections with you. She noted that the first most obvious benefit to her was the cessation of continual conflict in her home. When her parents separated, she experienced immediate relief from the constant tension in her home even though her parents tried very hard to refrain from arguing in front of her. As time passed, she also noticed that because her parents were separated, she could better relate to each of them as individuals. ...
by Cynthia M. Lifson | Aug 6, 2015 | Notes from the Desk of Cynthia Lifson
Recently, I had the pleasure of attending a continuing legal education seminar on contract drafting. Now, I know that many may think that this is a totally tedious undertaking, but I remain fascinated by this particular form of writing. Since the beginning of time, principles of exchange that are embodied in contracts have been necessary for human societies to function. While contracts can certainly be verbal, a written instrument that articulates the elements of an agreement is usually preferred. When I first meet with a new client, it is not unusual for me to look at a document that the client has taken from a website on the internet and already signed. The client asks me to review the document and offer a legal analysis of the contract. When I inquire about the client’s understanding of the document he or she has downloaded from the internet, the client frequently does not understand the meaning of the words in the document. Sometimes, the client “tweaks” the language to reflect what the client believes is the intent of the parties to the contract. In such instances, these “tweaks” may result in language that is so confusing that I need to say that absent amendment of the document, a court may need to intervene to interpret the contract. So what can a thoughtful person do to create a clear, understandable, and legally enforceable agreement? While it may be useful to start with a template, looking at the contract as a story may help organize thinking. I especially enjoy spending time with my clients to help them craft their “stories” when facing a...
by Cynthia M. Lifson | Aug 6, 2015 | Notes from the Desk of Cynthia Lifson
On June 26, 2015, the U.S. Supreme Court decided in Obergefell v. Hodges that the Fourteen Amendment of our Constitution requires a State to license a marriage between two people of the same sex. Same-sex couples in the United States are entitled to the same right to marry as heterosexual couples. The particular state where a same-sex couple resides does not change this right. While some citizens celebrated this decision and other citizens denounced it, the change in our law will likely create a considerable impact on business. Now that there are no legal impediments to same-sex marriages, we can expect that many businesses will re-evaluate their policies regarding benefits for both spouses and domestic partners. For example, some companies had previously put in place benefits for domestic partners, or same-sex couples who could not legally wed. Some of these, such as cooperative health insurance coverage, are still in place. Yet, as The Washington Post reports, it is not clear whether these benefits will continue to be extended to long-standing couples that do not legally marry. It may no longer be a cost-effective option to offer, especially for small business owners. Similarly, with more individuals applying for spousal benefits, companies may find them too expensive to offer altogether. According to The Wall Street Journal, this is a recent trend that employers have been following to save money. Those businesses already inclined to cut these benefits will likely move forward now that the ruling has taken place. In addition, the timing of any changes in benefits offered by companies to their employees may change as a result of the...
