Attorney O's Midnight Musings: Connecticut Law http://ireneolszewski.com/ctlawblog Law Offices of Irene C. Olszewski, LLC Tue, 09 Feb 2010 02:42:57 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Beware of Online Parenting Classes that Don’t Comply with Connecticut Court Orders http://ireneolszewski.com/ctlawblog/2010/02/08/beware-of-online-parenting-classes-that-dont-comply-with-connecticut-court-orders/ http://ireneolszewski.com/ctlawblog/2010/02/08/beware-of-online-parenting-classes-that-dont-comply-with-connecticut-court-orders/#comments Tue, 09 Feb 2010 02:42:57 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=715 parent_childIf you are a party to a divorce in the State of Connecticut and you have minor children, you (and your soon-to-be-ex) are required to participate in Parenting Education Classes. It has come to the attention of the judiciary that some online companies are touting such classes that supposedly fulfill the requirements ordered by Connecticut judges. Beware! More than one of those companies has been issued a “cease and desist” notice from the State because their classes do NOT comply with Connecticut’s requirements.

If you take your chances with an online class, you may be out the cost of the tuition, you won’t be considered “in compliance”, and you’ll have to take the classes again (and pay the fee) for a State-approved course.

For more information, see: Parenting Education Programs

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Individual Versus Group Voir Dire http://ireneolszewski.com/ctlawblog/2010/01/26/individual-versus-group-voir-dire/ http://ireneolszewski.com/ctlawblog/2010/01/26/individual-versus-group-voir-dire/#comments Tue, 26 Jan 2010 04:10:28 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=711 Jury SelectionIn this week’s Connecticut Law Tribune, Attorney Norm Pattis published an article in which he discusses the merits of utilizing group — rather than individual — voir dire when trying to impanel a jury. With the Steven Hayes trial on the minds of lawyers and citizens alike, he presents an interesting perspective.

Read: Cheshire Case Illustrates Jury Picking Problems

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Picking a Jury in the Hayes Trial (Petit Home Invasion) http://ireneolszewski.com/ctlawblog/2010/01/25/picking-a-jury-in-the-hayes-trial-petit-home-invasion/ http://ireneolszewski.com/ctlawblog/2010/01/25/picking-a-jury-in-the-hayes-trial-petit-home-invasion/#comments Mon, 25 Jan 2010 04:14:07 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=705 In the aftermath of the horrific 2007 home invasion in Cheshire, Connecticut, lawyers in the Steven Hayes trial are picking a jury. With so much media attention and a book about the tragedy already on the shelves, this will not be an easy task. Steven Hayes

So far, only one juror has been selected.

An article in today’s Hartford Courant discusses the type of jurors that the defense and prosecution will be seeking. It comes as no surprise that their criteria differs sharply.

Read: Picking The Hayes Jury: Prosecution, Defense Have Different Criteria

[Source: courant.com]

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Collaborative Divorce: A Client-Centered Option http://ireneolszewski.com/ctlawblog/2010/01/20/collaborative-divorce-a-client-centered-option/ http://ireneolszewski.com/ctlawblog/2010/01/20/collaborative-divorce-a-client-centered-option/#comments Thu, 21 Jan 2010 03:37:32 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=693 CollaborativeDivorceCouples seeking a divorce have three basic options: litigation (court-based action), mediation and collaborative divorce. In this post, I will discuss the latter. Collaborative divorce is a process whereby the spouses and their collaboratively-trained lawyers work together, often with the assistance of a neutral financial professional and a coach, to reach a fair divorce agreement.

Unlike traditional court-based divorce (litigation), the participants in a collaborative divorce are empowered to make their own decisions rather than to rely on a judge to do so. The divorcing spouses and their collaborative team work together to form an agreement based upon the individual needs and interests of the couple (and their children, if they have any).

The participants sign an agreement stating that they will not litigate the case in court. They agree to share all information required to facilitate the process and don’t hide information from anyone in the process. If one of the participants breaks the agreement and takes the case to court, the collaborative lawyers and other professionals are discharged from the case and will not participate in the litigation.
Collaborative divorce is usually less expensive than traditional divorce for a variety of reasons. First and foremost, because the process takes place outside the courtroom, the spouses do not incur fees for multiple court battles (which often require hours of waiting around in the hallway waiting for your case to be called). When assets need to be properly valued, the participants work with a neutral financial professional (who is also collaboratively trained). By sharing this professional resource, the participants pay a much lower fee and the process is often expedited.

There is an enormous emotional component to every divorce which can often cause one or both of the spouses to feel considerable anxiety. The collaborative approach recognizes this basic human element and factors it in to the process. When needed, a neutral coach works with the couple to help them with the emotional aspects of difficult issues and helps to promote productive communication.
The participants are represented by separate lawyers who are there to advise them about the complicated legal issues. However, unlike traditional divorce, a lawyer is not there to try to convince a judge to give his or her client exactly what that client wants – without regard for the needs and interests of the couple (and their children). The collaborative lawyer’s job is to refocus the participants on their common goals, which include being able to meet future financial needs, to have well-adjusted children, and to be able to move forward with as little disruption and trauma as possible.

Collaborative divorce may not be suitable for all couples. However, a candid discussion with a collaboratively-trained attorney will help you decide if the process is right for you.
For more information, visit Collaborative Divorce Professionals.

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2010: An Uncertain Time for Estate Planning http://ireneolszewski.com/ctlawblog/2010/01/13/2010-an-uncertain-time-for-estate-planning/ http://ireneolszewski.com/ctlawblog/2010/01/13/2010-an-uncertain-time-for-estate-planning/#comments Thu, 14 Jan 2010 03:51:35 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=684 willAccording to information provided by New York Times on Yahoo! Finance:

“Most tax advisers thought that Congress would extend the estate tax before it was due to expire at the end of last year. But while the House did act, the Senate did not. So what few predicted would happen did happen: the tax is gone for one year but set to be revived in 2011 at a higher rate and a lower exemption, unless Congress acts. It’s the first time since 1916 that rich Americans can contemplate dying without one last tax.”

This will be a different year for estate planning than in years past.

Read: A Bizarre Year for the Estate Tax Will Require Extra Planning

[Thanks to North Carolina Estate Planning Blog]

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2010 Has Arrived … What of Estate Taxes? http://ireneolszewski.com/ctlawblog/2010/01/04/2010-has-arrived-what-of-estate-taxes/ http://ireneolszewski.com/ctlawblog/2010/01/04/2010-has-arrived-what-of-estate-taxes/#comments Mon, 04 Jan 2010 05:49:21 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=663 estate-taxI scoured the internet for interesting posts and articles on the impact of the lack of estate tax in 2010. I present a few of them here for your review:

Lack of Estate Tax in 2010: Now Cheaper to Die?
With Taxes Gone, Will Death Be At A Premium?

[Source: ABC News]

Don’t Die Today – Tomorrow There Will be No Estate Tax

[Source: North Carolina Estate Planning Blog]

Beating the estate tax to death
With estate tax set to end this year, retroactive lawmaking in 2010 is likely

[Source: Market Watch]

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Putting Children First: DVD Released By Connecticut Judicial Branch http://ireneolszewski.com/ctlawblog/2009/12/30/putting-children-first-dvd-released-by-connecticut-judicial-branch/ http://ireneolszewski.com/ctlawblog/2009/12/30/putting-children-first-dvd-released-by-connecticut-judicial-branch/#comments Wed, 30 Dec 2009 05:31:57 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=652 Custody BattleDivorce can be a difficult and painful experience when it involves disputes over custody and visitaiton over the children. As parents try hard to protect their children, such court battles often cause serious harm to those children.

Parents who are engaged in the divorce process should take a few moments to view the video released by the Connecticut Judicial Branch called “Putting Children First.” The video features Superior Court Judge Elaine Gordon, who handled custody disputes as an attorney and now hears those difficult cases as a judge. Some of the statistics reported in the video may be shocking.

The video is available on DVD by calling the External Affairs Division at 860-757-2270.

Watch: Putting Children First
(This link will take you to the Judicial Branch website. Click on the link for the video and it will open on your computer screen in a media player such as Windows Media Player, which you must have installed on your system).

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Personal Identifying Info to be Omitted or Redacted from Court Records in Civil and Family Matters http://ireneolszewski.com/ctlawblog/2009/12/29/personal-identifying-info-to-be-omitted-or-redacted-from-court-records-in-civil-and-family-matters/ http://ireneolszewski.com/ctlawblog/2009/12/29/personal-identifying-info-to-be-omitted-or-redacted-from-court-records-in-civil-and-family-matters/#comments Tue, 29 Dec 2009 05:30:41 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=636 sample-social-security-number-cardEffective January 1, 2010, The Honorable Lynda B. Munro, Chief Administrative Judge of the Family Division has issued the following standing order:

All information required on Judicial Branch Superior Court Family and Family Support Magistrate Court forms that constitutes personally identifying information as defined by Connecticut Practice Book section 4-7(a) is deemed by this order to be within the section 4-7(b) exception to redaction requirements as information “…otherwise required by law or ordered by the court.”

The text of Connecticut Practice Book section 4-7, which also becomes effective on January 1, 2010, states:

(a) As used in this section, personal identifying information means an individual’s date of birth, mother’s maiden name, motor vehicle operator’s license number, Drivers LicenseSocial Security number, other government-issued identification number, health insurance identification number, or any financial account number, security code or personal identification number (PIN ). For purposes of this section, a person’s name is specifically excluded from this definition of personal identifying information.

(b) Persons who file documents with the court shall not include personal identifying information, and if any such personal identifying information is present, shall redact it from any documents filed with the court, whether filed in electronic or in paper format, unless otherwise required by law or ordered by the court.

(c) The responsibility for omitting or redacting personal identifying information rests solely with the person filing the document. The court or the clerk of the court need not review any filed document for compliance with this rule.

[Source: Connecticut Judicial Branch website]

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SLS Pardon Assistance Program is Launched in Connecticut http://ireneolszewski.com/ctlawblog/2009/12/22/sls-pardon-assistance-program-is-launched-in-connecticut/ http://ireneolszewski.com/ctlawblog/2009/12/22/sls-pardon-assistance-program-is-launched-in-connecticut/#comments Tue, 22 Dec 2009 04:34:22 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=626 CT Board of PardonsCudos to Connecticut’s Statewide Legal Services and its new partner, the Connecticut Bar Association’s Committee on Paralegals. The two legal groups have joined forces to start the new SLS Pardon Assistance Program.

The premise of the program is that people often make one mistake that leaves them with a criminal record and then go on to live exemplary lives. The program hopes to assist qualified applicants in obtaining a pardon and clearing their records.

Read: An Offer To Help Erase Mistakes Of The Past

[Source: Connecticut Law Tribune]

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Will Connecticut Allow the Sale of Alcohol on Sundays? http://ireneolszewski.com/ctlawblog/2009/12/19/will-connecticut-allow-the-sale-of-alcohol-on-sundays/ http://ireneolszewski.com/ctlawblog/2009/12/19/will-connecticut-allow-the-sale-of-alcohol-on-sundays/#comments Sat, 19 Dec 2009 05:13:26 +0000 Administrator http://ireneolszewski.com/ctlawblog/?p=620 lcb 6 0501 dcg 20511.jpgOn Thursday, a Connecticut legislative committee reopened the issue of whether or not to allow the sale of alcohol in package stores and supermarkets on Sundays. The decision would be based upon supposed tax revenue the State believes it would collect — some $7.5 to $8 million is the projection. However, the Connecticut Package Stores Association has been against the move, claiming that the extra day of sales would not generate extra revenue. Instead, it would merely spread sales over seven days instead of six.

At present, Connecticut is the state in New England that bans liquor sales on Sundays. It is joined by 13 other states.

Read: Issue Of Sunday Alcohol Sales Rises Again In Legislature

[Source: Hartford Courant]

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