While the Hippocratic Oath is no longer required for doctors, we often hear the principle attributed to that ancient Greek oath for healers to "first, do no harm."  The translation is actually closer to "I will do no harm or injustice to them," but the sentiment is clear.  When trying to help someone, your first obligation is to not make things worse.   Today, I attended the third in a series of public forums held by the Child Support Guidelines Task Force giving people the opportunity to comment on what should change in the 2018 Massachusetts Child Support Guidelines.  What struck me about the testimony is that very few people commented on the guidelines themselves.  Rather they focused on the perceived impact of the guidelines and of the courts on family conflict.  Almost universally, the commenters suggested that changes were needed because the experience in court impoverished families, increased conflict, and hurt children. Whether calling for a ...

Today, I took my vehicle to a car dealer for an air bag recall and they “inspected” and “found” other things wrong with the vehicle. One of the supposed problems is something I recently replaced so I am understandably skeptical.  The whole interaction has left me feeling sick, because either they’re right and I’m too distrustful (and have to fix my car) or they’re lying and that’s just crappy. The bigger underlying problem is that, while I have some ability to diagnose and fix my car, I’m not an expert so I am at a disadvantage.  Since some mechanics/dealers lie or exaggerate problems to increase their business, even if it is unusual it makes all the good mechanics suspect by association. My car repair experience gives me a glimpse into the discomfort a client feels when seeking a lawyer.  Clients want to fix their situation the right way, but not be taken advantage of, and they don't have the expertise to know the difference. If you’re an honest lawyer (or mechanic...

The more I write and speak about mediation, the more opportunities I have to hear from people who still have questions about how it works.  Recently one attorney on LinkedIn asked me about whether there are rules for financial disclosure in mediation like there are in court .  This is, in fact, a common complaint about mediation; that many mediators don't require the parties to share information that the same parties would have to share in court.  Specifically in Massachusetts there is a rule, called Probate and Family Court Supplemental Rule 410, which requires the sharing of certain documentation in a divorce case within the first forty-five days of the case. Should mediators be enforcing this rule and requiring financial disclosures in a non-litigated case? I know mediators who would answer this question yes and others who would answer no.  My answer is no, mediators should not be enforcing financial disclosure (and I explain why below).  That answer trou...

Experiencing any type of legal dispute is stressful and many people walk into a lawyer's office nervous and anxious about the experience.  In order to reduce that anxiety and ensure that you hire someone who is a good fit for your case, it is important to consider what questions you want to ask and to enter that meeting prepared. There are numerous articles telling you what you should ask a divorce attorney before you hire them . The typical advice ranges from the obvious (what are their billing rates) to the not-so-obvious (what percentage of their practice is devoted to your type of case).   As a mediator, though, my advice is a little more personal. Does your lawyer understand your goals? While it is important to ask questions about the lawyer's practice, cost and experience, it is also very important that any counsel that you hire understands your goals.   The type of lawyer you choose to meet with and hire can have a significant impact on how you view confli...

Last Friday, May 31, 2013, I attended the American Craft Beer Festival at the Seaport World Trade Center in Boston.  It included more than 140 brewers providing samples of over 600 different beers.  I would not call myself a connoisseur of beer and went primarily because of the interest of a friend.  However, when I considered how I would rate the various beers that I sampled, I discovered that some clearly stood well above the others. Before I attended ACBF, I knew that all beers were not created equal, but I would not have gone out of my way to find a particular beer.  What I learned at the ACBF, though, is that some beers are truly worth going out of your way to find.  Specifically my favorites were Lunch from the  Maine Beer Company  and Koko Brown from the  Kona Brewing Company . So now that I've whet your appetite for a good beer, let me explain why I think there is actually a lesson in my experience that can help you hire a lawyer...

By now most of us have heard of the Nigerian/Check Cashing E-mail scams (hopefully). The basic outline of the scam is as follows: You receive an email that offers to assist you in obtaining money that belongs to you, or offers to buy something from you for a price greater than you advertised it for (typically received when you put something for sale on Ebay or Craigslist or similar sites). The hook is that they are offering to pay YOU money. Once you receive the check and cash it, you just have to send them back a portion of it. The trick is that the check is a bad check, even though your bank may let you draw funds on it after three days. These out of state, or out of country bank checks take advantage of a banking loophole that most banks will allow you to draw on a check after three days, but the bank doesn't actually receive the funds on the check for up to ten (10) days. Once the check bounces, the bank will hold you responsible for the money (often just taking it out of...