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It is Important to Understand and Use Evidence.

“Evidence” is all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. Having practiced for over forty years as a Civil Law Attorney, I recommend that there are several types of evidence, which you should know about.

“Oral evidence” is when someone is speaking about the matter to be decided.  If the person testifying does not have personal knowledge–they did not see or hear what they want to testify about– their testimony is called “hearsay.”  Hearsay is generally not considered as evidence because there is a right to cross-examine the person who actually was the witness to the event. Testimony given by a witness with actual knowledge is good evidence, however, the way that they see or remember can be selective and biased.  If you can have the testimony of a disinterested person, who has nothing to gain or lose, that is the best kind of witness. As a Civil Law Attorney, I try to have the witness write down what they saw as soon as possible after the event in question.  Such a writing, itself, may not be admitted as evidence, but it can help the witness remember exactly what they saw or heard long after the event happened.  This is a technique called “preserving” evidence.

A picture is said to be worth a thousand words, and we all know that is true.I find that when I am considering the Civil Law burdens of proving a case—When it comes to preserving evidence, take the picture and take it before there is any change in the subject matter of the photo.  Fort Lauderdale Civil Law Attorney, Kim Douglas Sherman,says, “Take a photo of the accident scene, the crashed cars, and the wounds. Take the photo of the over-flowing sewage or the moldy, collapsed ceiling.  You get the picture?  If you do, then make sure that you keep the photo secure and preserved to use as your evidence.

“Preserve the actual thing that is in issue.” If something broke and caused injury or damage, try not to discard it.  Instead try to maintain and secure it in the same condition so you can, like this Civil Law Trial Attorney, present it to the Court and say, “This is it!”  When you put your agreements into writing signed by the agreeing parties, that “written contract” is the best evidence of the parties’ intentions.

 

Remember these important points about evidence:

  • Testimony from a good witness–get it in writing, too!
  • Take the picture
  • Keep the actual thing preserved, including contracts.

 

When you understand how evidence can help you, you put power on your side.

If you have questions or concerns about Evidence and Civil Law and Civil Trial Law in Fort Lauderdale, Broward County, Florida or if you need a civil law attorney, call me, Kim Douglas Sherman, Esquire at (954) 489-9500.  Please look at our qualifications set forth in our website.

 

 

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In Divorces, Look at the Big Picture.

We need to get along. I spent a whole day in trial recently so that a mother could vent her frustration with the children’s father.  She wanted to take away the father’s overnights with the children and she wanted to be the sole decision maker for the children’s major decisions.  The Judge concluded that she was the best parent of the two, but that was not enough to modify the shared parenting that had previously been ordered in the case.  Thousands of dollars in attorneys’ fees were spent, and what was accomplished?  The mother had no chance of “winning,” and she had been told that she would loose by the mediator. [The court regularly requires mediation before it will let a case go to trial.] I say that more dialog, and good faith “give and take” would be helpful in family law.

 

Here are suggestions to assist in negotiations:

! Use the bread, cake, and frosting method to prioritize your issues. The “bread” is what you absolutely need.  The “cake” is what would be a little sweeter to achieve, and the “frosting” is what you can do without.

! Stop blaming; look to the future.

! Try forgiveness.  Remind yourself of the good traits that attracted you to the other person initially. Verbalize the positives of the other person directly to the other person right at the start of negotiations.

! Understand that your situation and needs are exceptional to you, personally, but in the scope of the Family Law area, they are probably normal and common.

 

If you have questions or concerns about Family Law in Fort Lauderdale, Broward County, Florida, or you need a family law attorney to discuss your legal options, call Kim Douglas Sherman, Esquire at (954) 489-9500.  Please look at our qualifications set forth in our website: ShermanLegal.com.  Let us have less personal clashes and more “big picture”–this is what we need. Family law does not have to get messy. I look forward to helping you and your family.

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Where is the Will?

Recently, I was asked to serve as a personal representative [it used to be called “executor”] of a twelve million dollar estate.  The lady had died in a nursing home and had made a will that in large part was to benefit a religious organization and a good friend.  There was no doubt that she had made the will–BUT THE ORIGINAL WILL COULD NOT BE FOUND.  The effect of not finding the original will caused a huge departure from what the lady had expressed in her will.  Why? Because, when an original will is not found, and it had been in the possession of the person who made the will, under Florida law it is presumed that the person intended to revoke the will by its destruction.  In this case many distant relatives (who never knew the lady) surprisingly became beneficiaries of an intestate [no will] estate.

 

Based upon over forty years of experience as a probate attorney, here are my suggestions regarding wills:

  • Make a will, no matter what your age.  It is the surest way to assure that those who are important to you receive your bounty.
  • Use a lawyer to write your will; it is not expensive.
  • Use a lawyer to oversee the signing of your will, because there are legal technicalities that must be followed to have an effective will.
  • Keep your original will in a safe, fire-proof place, and tell the person who you want to be your personal representative of your estate where they can find the original will.

 

If you have questions or concerns about making a will or other important documents like Durable Power of Attorney, Healthcare Power of Attorney, or Living Wills in the Fort Lauderdale, Broward County, Florida area, call Kim Douglas Sherman, Esquire, at (954) 489-9500.  Please look at our qualification set forth at our website: ShermanLegal.com.  Do Not procrastinate.  Do Not let your relatives fight over your estate.  Do make your intentions clear.  Make a will and keep it safe!

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