At a time when owners and contactors are watching every dollar it is more important than ever to make sure construction contracts are air-tight and that, as projects evolve, change orders are properly documented. Yet, competition for work has never been tighter and builders — everyone from the giants to one-man operations — are tempted to loosen their bidding and contract procedures, risking losses and lawsuits down the road, in exchange for landing a job.
On the labor end everyone is more willing than ever to make sacrifices. This means that laborers and sub-contractors might be willing to be squeezed more than they should in order to keep working and, at the other end, with profit margins cut to the bone, contractors may be tempted to grab any opportunity to cut costs by snapping up cheaper labor.
Yet one thing that’s worse than a measly profit is losing that profit, and more, after it has already been spent.
According to the January 30, 2012 edition Connecticut Law Tribune, there is a joint initiative underway by the Connecticut Department of Labor and the Federal Department of Labor to ramp up an ongoing crackdown on construction industry violations relating to minimum wage infractions, overtime payment infractions and faulty record-keeping by contractors and sub-contractors. This is an extension of an ongoing investigation centered in Connecticut and Rhode Island that has recovered nearly 3.3 million dollars in back wages since 2008.
The investigation is being conducted, in part, through an outreach and education initiative aimed at construction workers and independent contractors.
Full-blown custody and access disputes cost plenty – not only in dollars — but in the toll they take on families. Once in a while, when one parent is truly neglectful, abusive, or struggling with substance abuse, there is no choice but to do battle in the courts if that’s what it takes to protect the children. Relocation cases — especially when the proposed move is motivated by malice – are another situation where resort to the courts may be necessary to protect the parent/child relationship. However, too many custody and visitation cases have more to do with a power struggle between embittered parents than about the real needs of the children.
Experienced divorce lawyers are familiar with a pattern that develops when a negotiation over custody or visitation goes toxic. Typically, one or both parents reject a suggestion of the other almost as soon as it is made. Soon it becomes clear that the discussion cannot be shifted away from notions of winning and losing. Any concession – agreeing to pitch in for more than half of the transportation; allowing an extra overnight visit; permitting an out-of-state vacation – is viewed as a defeat. These reactions have nothing to do with fairness, let alone the best interests of the children. Instead, they are issues of vindication.
Another hallmark of a toxic custody or visitation dispute is that the discussion turns, inevitably, to adult issues. Unless the cause of the breakdown of the marriage has also caused a breakdown of the father/child or mother/child relationship, it should play little part in negotiations over a parenting plan.
Often, lawyers’ efforts to diffuse these disputes and to re-focus on the needs of the children are met with distrust and frustration – a feeling that the lawyer is indifferent to the pain that the offending spouse has caused. In truth, lawyers are legitimately concerned about how their client will be perceived by the court if they fail to engage in reasonable compromise.
Judges have little patience for these fights because they have been trained to understand that children are the ultimate losers. Commonly, parties who enter the courtroom convinced that a judge will share their indignation over a spouse’s behavior, come away – even before a decision has been rendered – with a stunned realization that it is they who have attracted the sternest reprimands from the bench.
Some time ago, Connecticut family judge Elaine Gordon produced a video for parents who are thinking of using the courts to settle their custody and visitation disputes. In it, she sites an alarming study identifying a long list of lasting mental health problems that beset children and adults whose parents have gone to trial on custody issues. The video appears on Connecticut’s official judicial website and is well worth a look for anyone considering taking a child-related issue to court. You can bet, if you do, that your judge has seen it as well.
The lesson here is to make the strongest possible effort to achieve a healthy parenting plan for your children, but to do so, whenever possible, through serious and selfless negotiations and to set a goal to reach agreement before trial.
As the result of our bad economy, more and more divorcing couples are attempting to act as their own lawyers. While this may save money in the short run, the long run consequences can be both devastating and irreversible, especially when it comes to how the parties divide their property. This is because, under the laws of Connecticut and many other states, once the court has approved an agreement to divide marital property, the agreement can never be modified absent a showing of actual fraud.
One of the biggest mistakes so-called pro se litigants make in handling their cases is failing to take advantage of a process known as “discovery”. Discovery is the mechanism by which lawyers collect evidence to use in lawsuits. In the case of divorce, lawyers routinely file formal requests for documents, not only directed to the adverse party, but also directed to employers, unions, banks, and others who might have financial information relevant in the divorce. Divorce lawyers then use the information they have gathered to prepare for negotiation and trial.
If they did not perform this crucial step in the litigation process, they would be forced to rely upon the notoriously inaccurate information provided by the adverse party on a single document known as a “financial affidavit”.
Unfortunately, this is exactly what the majority of pro se litigants do. This can result in serious miscalculations of the amounts of alimony and child support that should be paid and can also result in the over or under valuation of assets. It can even mean overlooking marital assets entirely.
When balanced against the cost of giving up a fair share of a lifetime pension, for example, the savings realized by going it alone in divorce court can be insignificant.
There is no reason why pro se litigants cannot conduct their own discovery if they first educate themselves about the types of discovery available and the rules for conducting it.
While non-lawyers do not have the right to issue subpoenas on their own, court clerks generally can sign subpoenas on their behalf.
Some requests for discovery do not even require subpoena power, notably when the request is addressed to the adverse party. Just by formally requesting items such as bank and credit card statements, tax returns, and more, pro se parties could potentially do a far better job in representing their own interests. Sadly, though, most are either unaware of the process or unable to maneuver the system in order to collect the information they need. Still others don’t know what to ask for because they are unaware of what assets are divisible in a divorce.
Courts in Connecticut and in most other states are making great strides in providing assistance to pro se litigants through programs that provide do-it-yourselfers with the forms that are required to process a divorce, but rarely does the assistance go beyond that. In fact, court personnel from clerks to judges are generally prohibited from offering legal advice at all. Nevertheless, people who have been provided with a set of necessary documents by a court official are often left with the illusion that they have received the range of legal counsel and assistance that they would have received from a lawyer.
Others feel comfortable trusting their spouse to provide full and adequate financial disclosure and therefore see no need for discovery. Any experienced divorce lawyer will tell you that this is a mistake. This is not necessarily because the other party is dishonest, but because neither spouse may fully understand how to report income and assets. Many honest people also make the mistake of believing they don’t have to disclose occasional income like bonuses or regular overtime simply because those kinds of income are not guaranteed.
If you find yourself forced to act as your own lawyer in a divorce, you should, at a minimum, visit your local law library and spend an afternoon reading the statutes covering divorce, paying special attention to those related to the discovery process.
If you can’t afford to retain a lawyer to provide full representation in your case, you may be able to hire one on an hourly basis for limited purposes such as preparing discovery requests for your signature, or reviewing proposed divorce agreements before a final hearing. When you consider how much it will cost in the long run, to inadvertently forego an extra $50 a week in child support, or $1000 a month in future retirement income, it’s easy to see that working your way through the discovery process is a rewarding task.
If you ever find yourself in a lawsuit, your Facebook privacy settings may no longer matter.
Discovery is a process through which parties to a lawsuit collect evidence and information to prepare their cases for settlement negotiations or trial.
Often, parties squabble over whether certain documents or areas of questioning are ‘discoverable’. Usually the dispute over whether a discovery request must be honored is based on a claim that the document or information is either too burdensome to produce or is protected by laws concerning personal privacy.
Lately, more and more of those squabbles concern whether an individual’s Facebook password and posts are discoverable. For anyone who hoped that their Facebook privacy settings were enough to keep their online discourse private from enemies or adversaries, that hope is fading fast.
Most often, Courts deal with demands for Facebook access in the context of personal injury litigation where the defendant wants to use Facebook photos or posts to show that the plaintiff’s injuries are not as serious as he or she claims. Let’s face it – photos of your golf swing or dance moves will shoot serious holes in your disability claim.
Courts increasingly agree that Facebook content is fair game in the discovery process.
Laws that prevent Facebook, itself, and other social media sites from disclosing member’s private information are of no help if you are the one being asked to allow access. For example, a Pennsylvania court recently found that the federal Stored Communications Act, which would have prevented Facebook from honoring a subpoena of documents, did not apply to the Defendant, himself.
Personal injury litigation is not the only area of law affected by this trend. In a recent pretrial ruling, a Connecticut court paved the way for a divorcing couple in a child custody case to examine each other’s past and current Facebook posts following an attempt by the wife to change her password and delete posts.
Conventional wisdom has always dictated that we shouldn’t post anything on Facebook that we wouldn’t want a potential employer to see. What this growing body of caselaw shows us is that, when you share too much information with your Facebook friends, you risk losing more than just a job.