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National Holidays

 

 

 

 

There are some days on the calendar that we all recognize as holidays (even if we don’t celebrate them): December 25th,  October 31st and July 4th; however, there many obscure “National Days” of which you are probably not aware. For instance, did you know that May 19th in National Devil’s Food Cake Day or that August 5th is National Underwear day? Chances are good that you have no idea that the first Monday after New Year’s, when everyone returns to work, is considered by many people to be National Divorce Day.

Divorce Day has become a “thing” over the last couple of decades. Nobody is truly sure what it is about that date that makes it such an attractive time to call an attorney to start the divorce process.  It could be seasonal depression, conflict over the holidays, or just wanting to follow a different path in the new year. While nobody gets married hoping that their marriage ends in divorce, it is, unfortunately, a reality for approximately half of the population in any given year.

Divorce is not always terrible ending. We always tell people that divorce is a legal transaction that involves a “math problem, (aka figuring out who gets what)” and making sure that the children are in the best environment possible; when parties can focus on those two things, not the emotion and drama, everyone is happier.

Some of our favorite cases are divorces because it can bring out the best in people. We see people work together, focus on their children, and follow the path towards an alternative happy ending.  One of our favorite moments ever occurred right after one couple had their Separation Agreement approved by the judge as they hugged and walked out arm in arm. We often see parents make plans to take their children out for dinner together the night that they are divorced to remind their children that they are still a family. While this is not necessarily the norm, it is certainly the ideal.

What else is ideal? Celebrating April 14th as National Ex-Spouse Day.

Whatever winter holidays you chose to celebrate, we wish you a very happy holiday season. As always, please visit our website www.wjslegal.com or call us at (508)319-1529 for more information.

 

 

 

 

 

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The Room Where it Happened

“No one really knows how the
Parties get to yessssss
The pieces that are sacrificed in
Ev’ry game of chessssss
We just assume that it happens
But no one else is in
The room where it happens.”

-Lin Manuel Miranda

I have a friend who lives in a charming town located a couple of hours outside of London, England.  She lived in the United States for some time and still has an acute interest in what happens here. I recently asked her about how her local friends, family and colleagues perceived our President- Elect, Donald Trump.  Part of her response included this inquiry, “Giving some states more votes doesn’t seem fair. Surely one person, one vote works best?”

Electoral and popular votes usually point in the same direction, but not always.   Regardless of whether you favor it, the process was established by the Founding Fathers many, many years ago. We have journals and drafts which documented their process, but nobody knows for sure what fully happened in the negotiating sessions. There are two primary theories to why the Electoral College was created:

The most known theory is that it was developed to balance the influence of the small states with the larger ones.  Current sub-beliefs are that that the process was developed to account for the slave population in the South. Although slaves were unable to vote, inclusion of them greatly increased a state’s population (even though they were only counted as 3/5 of a person), the state’s representation in Congress and their number of electoral votes.

An alternative theory, and the one recognized by the National Achieves and Records Administration, is that the Founding Fathers created the Electoral College as part of the Constitution as a compromise. Many historians believe that there were heated arguments about how a President should be selected. The exclusive group, which included Alexander Hamilton, George Washington, Thomas Jefferson, and James Madison, argued whether Congress should appoint a President or qualified citizens should be allowed to vote.

More likely than not, the reasoning of the Founding Fathers was a combination of both reasons. We will probably never know the full story, because none of us were in the room where it happened.
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The Official WJS Endorsement for the 2016 Elections

We were hoping that you would ask who we are voting for in 2016.  We thought that you might. Since you didn’t ask, we will just tell you.
For the last few months, the news has been dominated by scandals. Instead of focusing on imperfect people, our focus should be on who is more likely to conduct the country’s business successfully, especially the nomination of United States Supreme Court Justices.

 

Only a few month ago, everyone was talking the importance of nominating the next Supreme Court Justice. As you may remember, we blogged about it soon after Scalia’s death at https://wjslegal.com/blog/page/3/

 

Very little time has been spent since Scalia’s death discussing the Supreme Court. Given this election cycle, it’s not a total surprise despite the number of seats on the Court which may become empty within the next four or eight years. Depending who makes and confirms the nomination, the Court may look very different in the next decade.

 

During the 2016-2017 term, the Court will hear a variety of cases related to gun ownership, freedom of religion, voting rights, the death penalty, and equal protection. One of the cases likely to draw the most interest is one involving the bathroom use of transgender high school student.

 

Do you have an opinion about any of these matters? If so, then it matters to you who becomes President and which of the down ballot candidates will be confirming the President’s nominations. Each vote has the potential to change our country.

 

So, for the first time ever, the Law Office of Weiner Jackson & Simmons is making an endorsement: we are voting for the Supreme Court. You heard it here first.

 

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Top 10 Legal Statistics

Once you reach a certain age, it’s hard not to feel nostalgic about your younger days. Life was so easy and you were invincible. You loved drinking Tab, listening your Guns and Roses cassette, and watching Goonies. Those favorite things often bring us comfort as we are busy “adulting” and moving forward into new adventures. In the spirit of favorite bits of nostalgia, we present a Letterman-style Top 10 List:

Top 10 Random Legal Tidbits

10. Take note the next time you are at Fenway or Gillette: Anyone over the age of 16 and at a sporting event who uses obscene language or a slanderous statement can be punished by a fine of up to $50. Yes, that does include during the playoffs.
9. Massachusetts was the first state to allow for same sex marriage. In 2009, the couple at the center of the historic ruling got divorced (after over 20 years as a couple).
8. Title Insurance on your home is very much worth the one- time investment. If there is ever an issue with the title to your property, your policy will usually cover the cost of correcting the problem. Typically, the cost of the policy is less than two or three hours of legal fees.
7. Don’t go to a wake on an empty stomach. No mourner is allowed to consume more than three sandwiches, of any size, at a funeral home within the Commonwealth. For years, any service of food or drink in the home was prohibited; however, the laws have loosened a little bit so that cold beverages and light snacks may be served to make mourners more comfortable.
6. The United States Supreme Court has been involved in two Presidential elections in the past. In addition to Bush versus Gore in 2000, the Supreme Court was also involved in the 1876 race between Rutherford B. Hayes and Samuel Tilden. If the current election continues to be as emotionally charged as it currently is, it’s not unlikely that this election also requires judicial intervention.
5. One town in the Commonwealth does not allow residents to buy, sell, or possess squirt guns. The same town also prohibits the use of silly string and ownership of more than two dogs. It sounds like a dreadful place to live if you are a kid; fortunately, the Target in that town seems to be more pro-fun than compliance and usually carries two out of the three in stock.
4. Negotiations can occasionally be very similar to the opening scene of Wedding Crashers. People sometimes lose sight of the bigger picture and fight over “small” things, like license plates. We understand when emotions take over, because it is a highly emotional time and there can be a strong connection to personal property. The best attorneys will defuse negativity and keep parties focused on resolution. However, to date, neither of us have crashed a wedding (yet).
3. Sometimes, it does just depend. When attorneys respond “it depends,” we aren’t trying to avoid answering a question. More often than not, our answer often requires additional information for a more specific answer. Even the slightest tweak in facts can change our overall impression about a situation and the likelihood that a ruling or resolution will be in our client’s favor.
2. Dancing to or singing only a portion of the Star Spangled Banner is prohibited anywhere with the Commonwealth; however, singing off-key, while arm in arm in arm with friends, to Sweet Caroline is strongly suggested.
1. We are so excited to announce the opening of the Law Office of Weiner Jackson & Simmons, P.C.! We founded the practice based on our belief that a team of hard working, client- focused, determined professionals can provide a higher quality more personal service to our community. Please check out our website www.wjslegal.com and follow us on Facebook.

 

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Truth.

Truth.

I recently read Good to Great (2001) by Jim Collins.  Although the book is geared towards corporate executives, the messages can be carried into any career or life, in general. Some of the highlights are as follows:
1.” Great leaders combine tremendous personal humility with unwavering professional resolve;”
2.  “Companies that are trying to become great must force themselves to confront brutal facts and difficult realities in order to address them;” and
3. “The transformation from good to great does not come in a dramatic swoop or sudden action.”

I recently participated in a creative writing class. During that class, we had a discussion about humility as an essential aspect of being genuine.  Whether in business or in every day life, we tend to trust people who can admit when they are wrong or need assistance, because we, ourselves, are not perfect or indestructible.  During the class, I couldn’t help but also reflect on the book.

When I first started to practice law in December, 2004, I was over confident. While in law school, I had worked for as a student district attorney and for some amazing attorneys; of course, I thought that I knew everything that there is to know about practicing.

On the very first day that my practice was open, I received a referral from a close law school friend. Opposing counsel on the case was one of the most prominent attorneys in Boston, who (literally) started practicing before I was born. Within a month, I felt out of my league; while my experience was great, it was not that of a seasoned attorney. The brutal truth of admitting to myself that I had failed at being instantly brilliant was painful. Only once I admitted that I was lost could I truly ask for help and grow in to who I am eleven years later.

Sometimes the truth is painful, but it can be the gateway from good to great.

**This newsletter is dedicated to Lisa Hutchison, who taught the creative writing seminar and colleagues who never make me feel foolish.**

 

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