13. September 2009 by Charleston lawyer.

One of the innovations in divorce practice in the last decade is the collaborative law approach, where each side retains an attorney who agrees to work under the collaborative law model - the lawyers agree to help their clients try to settle the case respectfully, honestly, and in good faith - and they agree up front that if they are unsuccessful in settling the case, the lawyers will not represent the parties in court.  Thus, threatening litigation is not part of the negotiation process in a collaborative case.   The collaborative law process, in its true form, can be effective, but it can also be expensive - especially if the parties ultimately fail in their quest to resolve the case by agreement - as both sides would then retain new counsel to litigate their case or try to settle the case by more traditional methods.  The collaborative model places a high value on cooperation by the attorneys to try to resolve the case with terms that both clients can live with.   In our experience, good lawyers will work together in a collaborative fashion to try to settle their cases whether or not they choose to adhere to strict collaborative law rules.  If you would like to discuss collaborative law in South Carolina and consider whether it is appropriate for your case, contact Karen S. Hindson at (843) 720-3722 or karen@hindsonlawfirm.com.   

Posted in Traditional families, Military Divorce | Print | No Comments »

12. September 2009 by Charleston lawyer.

The Revised Uniform Anatomical Gift Act amends Title 44, Laws of South Carolina.  It deletes the provision stating that a donor designation on a driver’s license does not constitute execution of gift under the Uniform Anatomical Gift Act.  It revises definitions, donor eligibility, donation amendment and revocation procedures, and the priority order to give consent, donee qualifications; and establishes procedures for refusal to make an anatomical gift.  It also provides that a person who is in possession of a document of an anatomical gift, or refusal of a gift, shall send the document to the hospital if the individual executing or refusing the gift is believed to be deceased or near death.  As a safeguard, it provides that a physician who attended a person at death or who determines the time of death may not participate in removal or transplantation procedures.  It also establishes criminal penalties for selling or purchasing organs and for obtaining financial gain by falsifying or defacing a donation document, and establishes criteria for the validity of an organ donation.  The changes were effective May 2009.  For more information contact attorney Karen Hindson at karen@hindsonlawfirm.com or (843) 720-3722. 

Posted in Trusts and Wills, Uncategorized | Print | No Comments »

12. September 2009 by Charleston lawyer.

The Military Parent Equal Protection Act became effective June 2009 in South Carolina, and provides several important protections:  (1) a military parent’s military service shall not be considered a change in circumstance for purposes of child custody and visitation; (2) the custodial non-military parent must reasonably accommodate the military parent’s leave schedule; (3) the family court may hold an expedited temporary hearing to ensure that the military parent has access to a minor child; (4) any increase or decrease in earning capacity due to military service is not considered a permanent change; and (5) a new § 15‑1‑340, to provide that a service member entitled to a stay pursuant to the Service Members Civil Relief Act may seek relief and provide testimony by electronic means under certain conditions.  For more information contact attorney Karen Hindson  at karen@hindsonlawfirm.com or (843) 720-3722.

Posted in Military Divorce, Uncategorized | Print | No Comments »

4. September 2009 by Charleston lawyer.

We see many cases of grandparents who wind up being the primary responsible adult in their grandchild’s life.   There are a number of ways to address this situation from a legal perspective depending on the situation.  Possibilities include adoption, temporary custody through the courts, temporary placement with the grandparent by a state child welfare agency, temporary guardianship, joint custody between a parent and grandparent, and permanent custody awarded to the grandparent by a court.   For more information contact karen@hindsonlawfirm.com or call (843)720-3722.

Posted in Non-traditional families, Uncategorized | Print | No Comments »

4. September 2009 by Charleston lawyer.

We too often see couples in second marriages who purchase a home together without first considering HOW the property should be titled and HOW MUCH of their separate money they should put into the marital home.  If one or both of you have children from a prior marriage and want them to ultimately inherit your share of equity, you should obtain legal advice prior to purchasing the home.  A lawyer experienced in prenuptial agreements and second marriages can help you clarify your objectives, plan accordingly, and promote family harmony.   Contact Karen Hindson at karen@hindsonlawfirm.com or (843) 720-3722.

Posted in Second marriages, Uncategorized | Print | No Comments »

2. September 2009 by admin.

The most frequent complaint we get about lawyers is their not returning client’s phone calls.   A lawyer who doesn’t return clients’ phone calls does not deserve clients!  Call Karen Hindson at (843) 720-3722. 

Posted in Non-traditional families, Trusts and Wills, Traditional families, Second marriages, Military Divorce, Same-sex couples, Uncategorized | Print | No Comments »

1. September 2009 by Charleston lawyer.

Your reading this blog does not make you a client of the firm - we are not your lawyers unless we have agreed in writing to represent you.  Do not consider the information in this blog to be legal advice.  If you want our law firm to represent you, you need to contact us and retain our services.  That’s the way it works.   Karen Hindson (843) 720-3722.  

Posted in Non-traditional families, Trusts and Wills, Traditional families, Second marriages, Military Divorce, Same-sex couples, Uncategorized | Print | No Comments »