Agreed Order of Referral for Mediation with Mediator Fran Brochstein

CAUSE NO. _____________________

IN THE MATTER OF THE                              §    IN THE DISTRICT COURT

MARRIAGE OF                                              §                     

                                                                        §    OF HARRIS COUNTY, TEXAS

_______________________                          §   

and                                                                  §   

_______________________                          §    _______th JUDICIAL DISTRICT

              

AGREED ORDER OF REFERRAL FOR MEDIATION

            This case is appropriate for mediation in accordance with sections 6.602 and 153.0071 of the Texas Family Code. 

            FRAN BROCHSTEIN (Texas Bar Number is 03039900) is selected as the mediator in the above case, and all counsel and all pro se parties agree to contact the mediator to arrange the logistics of mediation. 

The mediator’s address is 8978 Kirby Drive, Houston, Texas 77054 and her phone number is 713-847-6000 and her fax number is 832-415-0139. Her email address is mediatorfran@gmail.com .

            This mediation is a mandatory settlement conference, conducted with the assistance of the mediator. A mediated settlement agreement can be made binding on the written agreement of the parties. Mediation is private, confidential and privileged, except as provided by applicable law. After mediation the Court will be advised by the mediator, the parties and counsel only that the case did or did not settle. The mediator shall not be a witness and the mediator’s records may not be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session on any person entering, leaving or attending any mediation session.

            The fee for the mediation is determined by the mediator and paid ____% by husband/father, and ____% by wife/mother, paid by the parties directly to the mediator in advance of the mediation by cash, cashier’s check, debit/credit card or attorney’s check.  No personal checks are accepted.

The mediator’s fee for 4 hours is $300 per party. If the mediation goes beyond 4 hours then the mediator charges each party an additional $75 per hour due at the time of the mediation. If more than one session is necessary, the parties will pay the all additional fees for the second session.

The mediator charges a $150 non-refundable scheduling fee (via credit/debit card, attorney check or money order delivered to her office) due before the mediation will be placed on her mediation calendar.  

Every participant is bound by the rules for family law mediation and each party agrees to timely complete and supply all information requested by the mediator 72 hours prior to the actual mediation.

            It is agreed that all parties, the Amicus Attorney (if any), and at least one attorney for each party represented by an attorney, shall be present during the entire mediation process. It is understood that no party may leave the mediation site without express consent of the mediator.

            All pro se Parties, attorneys and the Amicus Attorney (if any) are all to mediate this matter on ________________________________(or) before the trial date of  _____________________________.

            All parties, counsel and the Amicus Attorney (if any) agree to appear as directed by the mediator. Referral to mediation is not a substitute for trial.

            Signed on  ________________________________.

________________________________

 Petitioner or Petitioner's Attorney

________________________________

Respondent or Respondent's Attorney

_______________________________                      _______________________________

Petitioner/Petitioner’s Attorney                      Respondent/Respondent’s Attorney

Disability & Social Security Attorney in downtown Houston

If you need a disability attorney or social security attorney, I highly recommend

Attorney Jeff Skarda

713-223-5301

I've known Jeff since 1989. He used to work at Lone Star Legal Aid and he used to lecture at many local legal seminars on the topic of social security and disability laws.  He is a very nice person.

Please tell Jeff that "FRAN" sent you!!

Family Law attorney for parents with autistic or other unusual medical issues & CPS cases

I've been referring people to attorney Bobbie Young, RN, JD for years for CPS cases.

I've just learned that she knows a lot of children with autism and children with other special needs.

Here is her info:

Bobbie Young
6161 Savoy, Suite 1019
Houston, TX 77036

713-780-7774 office

byounglaw@sbcglobal.net



Please tell her that "FRAN" sent you!



For CPS attorneys, I blogged earlier on this site about several attorneys that I've seen in court "in action" on CPS cases.  They all appeared competent and qualified.  So search this blog for my list that contains their names & phone numbers.

I flat-rate uncontested family law cases in Harris County only

Look on the FREE website...

www.texaslawhelp.org

On that website are Supreme Court of Texas approved family law forms (and other important free forms for Texas residents.)

If you cannot figure it out, I will help you fill them out for $200/hour cash or debit/credit card (discounted from my usual $300/hour rate).

Note: Stay away from "out of state" companies on the internet that sell "Texas" forms -- I've seen some really bad forms and I cannot "fix" bad/defective forms.  Generally, I just start over from scratch since attempting to fix "garbage" tends to be messier than starting fresh.




If you want me to handle the entire process, I charge $2,500 plus filing fees ($300 approx.) unless you have retirement monies to divide or you own real estate. Then generally you add $500 for each retirement plan and each piece of real estate that is involved.

At this flat-rate, you are entitled to a maximum of 3 hours of my legal communications via email, fax, text and phone calls.

I do all sorts of uncontested (agreed) family law cases for Harris County only --
Paternity
Custody
Child Support
Divorce
Modification

Why so much?

Because I make sure that the forms are done the way the judges want them & I am available to you by phone if you need to discuss your case.

BUT...my flat-rate does not mean that you can call me daily for an update -- if you want daily attorney conversations then I charge $5,000 for 10 hours of my time via text, fax, phone & email.

I offer quick turn-around for people that don't have the time or energy to try to do the divorce process yourself.

Be advised that judges expect more of a licensed attorney than they do of a pro se  litigant (person representing themselves) in a courtroom.  I know all of the judges and understand what they want attorneys to do that practice in their courtroom.

So if you need someone that is readily available, licensed almost 25 years and knows the judges, then call me.

If you see other posts on this blog that list other prices, if they are more than 6 months old then that offer has expired  - I reserve the right to raise my fees at any time.

If your case is unusual then your prices might be higher.

Agreed Order of Referral for Mediation

To make agreeing to mediate easier, on my website (www.familylaw4u.com) is now a form for attorneys or parties to sign prior to scheduling mediation.

AGREED ORDER OF REFERRAL FOR MEDIATION 

Please feel free to use it so that both parties can easily understand what they are agreeing to do.

Should I set up a sole proprietorship or incorporate?

“Which business structure should I adopt?”

Each option presents its own set of pros and cons. 

This overview is not intended as tax or legal advice and may not be used for the purpose of avoiding any federal tax penalties. 

Please consult legal or tax professionals for specific information regarding the most appropriate business structure for your organization.

Sole Proprietorship/Partnership

This structure is the simplest. But it creates no separation from its owner. Income from the business is simply added to the individual’s personal tax return.

Advantages: Easy to set up and simple to maintain.

Disadvantages: Owners are personally liable for the business’s financial obligations, exposing their personal assets (house, savings, etc.). 

C-Corporation

A corporation is a separate legal entity from its owners, making it easier to raise money, issue stock and transfer ownership. Its life is perpetual and will survive the owner’s death.

Advantages: There may be tax advantages, including more allowable business expenses. It protects owners from personal liability for the company’s financial obligations.   

Disadvantages: More expensive to set up, the paperwork and formality are greater than for a sole proprietorship or LLC. Income may be taxed twice, once at the corporate level and when distributed to owners as dividend income.

S-Corporation

After forming a corporation an owner may elect an “S-Corporation Status” by adopting a resolution to that effect and submitting the proper paperwork the IRS. You might want to hire a CPA to assist you so that everything is done properly. 

The S-corporation is taxed like a sole proprietorship, i.e., the company’s income will pass through to shareholders and be reported on their respective personal tax returns.

Advantages: S-corporations avoid the double taxation issue associated with C-corporations, while enjoying many of their tax advantages. Owners are shielded from personal liability for the company’s financial obligations. 

Disadvantages: S-corporations do not have all the tax-deductible expenses of a C-corporation. The cost of set up, the paperwork and formality are greater than for a sole proprietorship or LLC. S-corporations have certain restrictions, including having less than 100 shareholders, shareholders must be U.S. citizens and it cannot be owned by another business.

Limited Liability Company

An LLC is a hybrid between a corporation and a sole proprietorship, offering easy management and pass-through taxation and the liability protection of a corporation. 

Similar to a corporation, it is a separate legal entity, but there is no stock.

Advantages: LLCs provide the protections of a corporation, but are taxed similar to a sole proprietorship.

Disadvantages: Typically more expensive to form than a sole proprietorship, LLCs require more paperwork and formalized behavior.

Remember, the choice of business structure is not an irreversible decision. 

You may amend your business structure to accommodate your changing needs and circumstances.

Preparing for a deposition

During the deposition phase of discovery, lawyers usually have to take and watch depositions. 

Unfortunately many lawyers spend a disproportionate amount of time preparing to take the other side’s deposition. 

Though it makes sense to spend more time preparing for depositions that the attorney intends to take of opposing party and/or his witnesses, a failure to adequately prepare the client and/or any of the client's friends/family for their deposition can have catastrophic consequences for the client's case. 

In fact, a proper and thorough prep may take hours depending on the case and the witness.

It's a famous story that the attorney should always know how each person about to be deposed is going to answer each question. Attorneys don't like surprises because they can hurt the case. 

The deposition will not win the case

The single most important rule for a witness to remember is that he or she can’t win the case with their deposition. 

The deposition isn’t given in front of a jury, and the opposing lawyer will only pick out the bits and pieces of the deposition transcript that are helpful to her case. 

It’s vital for the witness to understand that (in general) they can only hurt your case in a deposition, not help it.  If a witness understands this fact, then usually he will be more circumspect with his answers.

Review how the opposing lawyer might use the deposition in motions or at trial

Remind the person about to be deposed that the opposing attorney may be trying to confuse or intimidate them.

Remind the person being deposed that the opposing counsel will attempt to prove the opposing party's theory and/or be used to impeach the person at the trial.

The witness needs to understand how he can potentially torpedo your case, his credibility, or both. 

Most of the time witnesses don’t really understand the how important how they answer is -- For example, if a person answers in a "sarcastic" manner "Yes" when the answer is really "No". The court reporter merely records what the witness said. It is not included in the transcript, "witness said yes but really meant no" or "the witness answered in a sarcastic manner". 

Make sure that they understand that, if the case goes to trial, their answers at trial will be compared to their deposition testimony with great scrutiny.  

Inconsistencies can hurt credibility. 

Verbose, rambling responses potentially can give the opposing counsel a great nugget in a motion brief. 

Once your witness understands how his answers can be used against him, it should help control answers that make you want to bury your head in your hands.

Don’t assume, speculate, or guess -- it's ok to say "I don't recall".

It doesn’t help. 

Lawyers know this but laypeople don’t, or they forget. 

If you watch any news show during a major breaking news event then you’ll hear more conjecture than fact. 

While this can fit into normal daily conversations, conjecture doesn’t help in a deposition. 

The witness needs to understand why guessing at an answer is not helpful. 

I just tell the witness that if they guess wrong then they lose credibility since they’re shown to be wrong.  

Often the person being deposed rambles on and on. Answers need to be short. Not a lot of elaboration. 

Words like "always" "never" or "100% of the time are not good to use.  For example, I always wear my seatbelt when driving means that the person has never ever driven one inch without wearing a seatbelt. If opposing counsel can show one instance that the person did not wear the seatbelt then the credibility of the witness is in jepardy.

Take your time

Often the witness goes too fast. 

Encourage them to take a deep breath and relax before answering the question.

If they don't understand the question, the witness needs to understand that they can say "I don't understand, can you re-phrase the question." Sometimes even the best attorneys ask questions that make no sense. 

The main issue is that they blurt something out before you have had a chance to object or before they have had time to carefully consider their answer. 

Encourage them to pause after each question before responding.

A person can get tired during a deposition. Breaks are allowed. It might break the flow of the person asking the questions. 

Practice

Ask questions that you expect opposing counsel to ask the witness. 

Practice having the witness pause between the end of the question and the beginning of his answer. 

Practice how you want the witness to review any documents.

The witness needs to be prepared to answer hard questions and not get upset.

Emotional outbursts tend to hurt the client's case.  

Some depositions are done to merely "upset" the client.  They need to be prepared to hear questions that they don't want to answer.

Show a sample deposition on YouTube

It is very instructive for deponents who may not have seen a deposition. 

Show them videos of good and bad witnesses. 

You can make a playlist, show a snippet, and cover what the witness did right or wrong. 

In 20 minutes, this interactive session can teach the witness a lot more and prepare them for what to expect realistically.

Remember the privilege rules (but don’t let that prevent you from prepping the witness)

If the witness is your client, then your preparation is covered by the attorney-client privilege. 

People prepare for weddings and other important events in their lives, so taking the time to prepare for a deposition only makes sense. 

Most people have never seen or been to a deposition. They are scared. So practicing for a very stressful event like a deposition makes a lot of sense. People appreciate practicing before going into a deposition.

Prepare the client to read the deposition

Depositions are very strange to read. The client (or witness) needs to understand that they need to actually read the deposition carefully for errors made by the court reporter.  Many times the client (or witness) does not spend the time and read the deposition.  

Give the person being deposed a copy of a deposition or examples of badly answered deposition questions  to read prior to being deposed. Let them see some examples of how their deposition will look when it is typed up by the court report. It is usually an eye-opening experience.  

Hoping mediation is a success?  Here’s what to avoid: Heading to mediation too soon: Early mediation fails because there is so much unknown. Choosing the wrong mediator: Mediators should have the right style and the right knowledge and experience to handle a case. Failing to prep the mediator: They need information and should have time to review the case well in advance. That means receiving the information at least 2 days ahead of time. Sending the info one hour before is not enough time. Using tactics like silly briefs or behaving in a rude manner: Do not rant, do not be aggressive, do not take a condescending tone etc.  Being too emotional and not focused.  If you have anger or fear issues, the mediator is not a therapist and is not there to offer counseling. Crying during the entire mediation is not helpful.  Not knowing the opposition: Do what you can to gain insight into the opposing counsel. I have often had to introduce the 2 attorneys to each other. I've actually settled several cases after the attorneys sat and talked.  The attorney not preparing the client: The attorney should offer realistic guidance to the client in advance, so he or she knows what to expect and whether or not their desires are “pie in the sky” or a true possibility. Mediators don't like attorneys that promise the clients unrealistic goals and using the mediator to be the "bad guy".  No having your goals written down before arriving at mediation.  Often people forget everything they want to cover at mediation. The mediator is not a mind reader & can only address the goals you talk about. Bringing up new issues in the last hour usually derails the mediation. Not bringing required information to the mediation.  It is not the role of the mediator to do your research for you. Often I have to declare a recess and set another mediation because the parties do not bring important information (like the value of the residence, how much is in retirement accounts or the value of the business) to the mediation. I am happy to make copies for the other side so that both sides have the information they need to make informed decisions. Hiding assets, debts and generally being untruthful.  The mediator is not there to determine who is telling the truth. In order for both sides to make informed knowledgeable decisions, information must be exchanged.  There are many ways a mediation can go off track, but solid preparation ensures there is a good base from the beginning.  When everyone is prepared, they come to the table with an attitude more suitable to negotiate and settle the matter.

Divorcewriter.com (cost $149) or Legalzoom.com -- Buyer Beware -- Use FREE forms instead!

I don't know why people pay for forms from sites like Legalzoom.com or Divorcewriter.com when the Supreme Court of Texas now offers FREE Texas forms that judges are required to accept if properly completed.

Use this website...

www.texaslawhelp.org


FREE, FREE, FREE, FREE, FREE, FREE, FREE, FREE, FREE, FREE, FREE FORMS

These forms are approved by the Supreme Court of Texas -- other websites from other states usually don't use the proper legal terms for Texas divorces.

We don't use the term "matrimonial" in Texas divorces.  If your form uses that wording -- it's not a form designed for a Texas divorce!

Beware!