legal issues

Think Before Posting on Social Networks

Everyday millions of people log into their favorite social networking sites to start their day, catch up during the day and end the day visiting with friends, business associates or looking for new contacts. What we are all doing is giving and receiving information about ourselves and others! A recent Pew Report states that 50% of the U.S. population uses social networking websites on a regular basis and 26% of the 50+ population engages in social networking!

Other interesting facts from Pew Reports: the U.S. 18-29 year-olds use their cell phone for the internet compared with 49% of 30-49 year-olds and 21% of 50+ users. The popularity of texting, taking pictures or video is increasing the use of social networking sites for all ages. These users of social networking and messaging services post information without much discretion or future perception as to what is said and how this information can legally be used against them down the road.

The Ten Most Popular Social Networking Sites of 2012 – taken from Hitwise.com (1/7/2012)
1.  Facebook, 64.28% visits share
2.  You Tube, 19.57% visits share
3.  Twitter, 1.48% visits share
4.  Yahoo!Answers .96% visits share
5.  Tagged, .75% visits share
6.  Linkedin, .67% visits share
7.  Pinterest.com, .48% visits share
8.  MySpace, .44% visits share
9.  Google+, .42% visits share
10.  MyYearbook .39% visits share

You should exercise careful thoughtful judgment when posting on social networking sites.
Think before your post! Could this post , which is one click away to immortality, be potentially damaging to you, others you care about or business relationships?

In today’s world, many lawyers are asking very specific questions to their clients concerning email addresses, use of social networking sites and types of personal information the client has posted about themselves, or information publicly disclosed from other people’s social networking. Many lawyers now ask their clients to stop using or to deactivate their social networking sites during their litigation process. Better safe than sorry!

The use of Electronically Stored Information (ESI) is now starting to be addressed by the U.S. Government and many states regarding usage for legal issues. The Federal Rules have been recently amended to mention ESI and set up a framework on dealing with this information. The new rules include ESI to email, web pages, word processing files, computer databases, and just about anything that is stored on a computer. The definition of ESI also includes traditional email, instant and text messaging, voice mail, personal webmail, blogging and other new emerging technologies. Potential relevant information from any of these sources must now be preserved by litigants in the federal courts. Just remember what you do or say online can and will be used against you and distorted since “you said it”!

By Nacol Law Firm | Social Networking
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My Divorce is Costing Me What? Why is This Divorce Costing So Much?

Financial costs of divorce may often be significant. Divorce lawyers, like any other professionals, are paid according to their skill, training and experience. In Texas, one can expect to pay an advance deposit from $2,500 to $25,000 depending on the complexity of the legal issues involved, as well as the quality and expertise of counsel selected. In addition to the legal fees, some cases require “expert testimony” regarding the value of certain significant assets, i.e. business interests, the marital residence, rental properties, art work and more.

One reason most experienced divorce lawyers want a substantial retainer is that once an attorney files an appearance, they are charged with duties in their role as an officer of the court. Under law and court procedure an attorney must make appearances and file specific legal documents with little or no discretion depending on the opponent’s conduct. Initial filings and other documents may appear deceptively simple, but can challenge even the most patient person. The devil truly is in the details, especially where haggling parties look for disagreement. Even minor issues can blow up, and evolve into unnecessary expense.

Divorces involve complicated issues and many times it is necessary to have a temporary hearing sooner rather than later to sort out legal and monetary issues for the pendency of the divorce proceeding.  Who will continue living in the home?  Who will make mortgage payments?  Who will make payments on automobiles?   Who will pay certain credit cards?  Who will pay utilities?  Who will maintain the property?  Who will be responsible for the debts?  All questions must be carefully considered and weighed out.

In divorces with child related issues there are more complicated factors to be considered.  Who will receive primary custody of the children? Where will the children live and how often?  What school will the children attend?  How will their education be paid?  How much child support will be paid? What visitation schedule will work for the parents and the children?  How, when and where will the child exchange take place?  Which parent will maintain health insurance?  Will the child’s residence be restricted to a particular geographical area? 

In all cases, marital assets must be divided; and even if there are few marital assets and only marital debt, there remains much to fight about, or resolve.

The state of Texas makes it unethical for lawyers to take a divorce action on a “contingency fee” basis. That leaves only two ways for a divorce lawyer to be paid: by the hour, which is the most common; or on a flat fee basis. Hourly fees in the Dallas/Ft. Worth metroplex area for a divorce lawyer range anywhere from $250 per hour to $550 per hour and up, depending on your choice.

In the cases where one party has a distinct financial advantage, the economically disadvantaged party can apply for temporary attorney fees and costs to be paid immediately by the party in control of the resources provided a fund is available for such use. In a proper case, such temporary motions often are granted by the trial court in order to level the playing field.

After every hearing, whether it concerns child related issues, marital assets, debts of the parties, or property owned by the parties, an order must be drawn by counsel based on either the court’s decision or the agreement of the parties.  Many times these orders involve the drafting of further legal documents such as Deeds of Trust, Deeds of Trust to Secure Assumption; Special Warranty Deeds, and Real Estate Lien Notes relating to the parties home; Powers of Attorney to transfer title of automobiles; Wage Withholding Orders for the withholding of child support; and Austin forms (required by the Bureau of Vital Statistics in every divorce action).  Often a Qualified Domestic Relations Order (QDRO) is necessary to divide retirement plans, accounts, pensions and the like.  These are just a few of the necessary documents required in some divorce actions.

Bottom line is: the less the parties fight the less they will pay. Lingering animosities do not expedite resolution. Courts do not want to hear “he said/she said.” Whether that is right or wrong is for a social commentary, not a legal guide. That is why there are ‘irretrievable breakdown’ divorces.

Other factors that affect the cost of divorce are: whether the divorce is adversarial; how much you pay hourly for your legal counsel; if you and your spouse are battling over child custody issues involving children; the number of marital assets and debts you have to deal with; and whether your spouse’s attorney is unnecessarily aggressive and adversarial, without purpose.

When selecting a divorce lawyer know what you are looking for.  Your counsel should be a person in whom you can put your total trust — after all your emotional health, the emotional health of your child(ren) and potentially the emotional health of your grandchildren could be at issue. The way to keep divorce costs under control is to select the right lawyer and to force your intellect to overrule your emotions when making decisions.

By Nacol Law Firm | Property and Asset Division
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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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