Is Same-Sex Marriage Responsible For Affairs In Connecticut?

Here in Connecticut, same-sex marriage has been the law of the land for over 3 years. Since that time, we’ve been hit with a freak snowstorm in October, an earthquake, and a hurricane – but no locusts as of yet.

In what’s my favorite article of the year, the Gay and Lesbian Community in Minnesota has apologized for ruining the institution of marriage and causing former Senate Majority Leader Amy Koch to stray from her husband.

 ”On behalf of all gays and lesbians living in Minnesota, I would like to wholeheartedly apologize for our community’s successful efforts to threaten your traditional marriage,” reads the letter from John Medeiros. “We apologize that our selfish requests to marry those we love has cheapened and degraded traditional marriage so much that we caused you to stray from your own holy union for something more cheap and tawdry.” Link.

Hopefully, CT’s Office of Legislative Research can look into the nexus between same-sex marriage and extra marital affairs in the 2012 legislative session!

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The Best Gift For A Lawyer

A public service announcement for those last minute shoppers looking to buy a special present for the lawyer in their life.

If you don’t know what to get the lawyer in your life then consider your problem solved.

 

Pure Awesome.

Brooks Brothers Miracle Non-Iron Shirts are the best thing to happen to the profession since Abe Lincoln.

They’re pricey but they’re great.

I used to be on a first name basis with my drycleaner but no more. These shirts truly are non-iron and I think they save money over a normal shirt in drycleaning costs.

Brooks makes these for men and women.

If you are my wife, parents, or in-laws, or simply want to get something for your favorite blogger, I wear a size 15 1/2  33  and take a slim fit.

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2012 Interest Rates for Mortgage Escrows and Security Deposits

It’s not everyday an email from the Connecticut Attorneys Title Insurance regarding a press release from the Department of Banking catches my attention but today an email did just that.

The Connecticut Department of Banking has released the new minimum statutory interest rates for mortgage escrows and residential tenant security deposits, pursuant to Conn. Gen. Stat. §§ 49-2a and 47a-21(i), respectively.

For the first time in many years, the minimum rate set for tenant security deposits will differ from the rate set for mortgage escrows, due to a recent legislative change. That legislation, Public Act 11-94, removed the statutory requirement that the established minimum rate for tenant security deposits shall be no less than one and one-half percent, regardless of prevailing interest rates. With the removal of this language, the yearly rate will now reflect these prevailing rates, with no statutory minimum.

Another legislative proposal would have removed the one and one-half per cent minimum rate as to escrow accounts held by mortgage lenders. This legislation was unsuccessful, however, and therefore the interest paid on mortgage escrow accounts continues to be subject to the one and one-half per cent minimum, regardless of prevailing interest rates.

The 2012 minimum interest rate for residential tenant security deposits is .16%, and the rate for mortgage escrow accounts is 1.5%.

Looking at interest rates from a local(ish) bank, it appears that a prevailing rate is below the former minimum rate of 1.5%.

Posted in A Connecticut Law Blog, Landlord/Tenant | Leave a comment

A Connecticut Law Blog Turns 4

This is the annual post, where in the words of Colin McEnroe, I congratulate my blog for staying upright for another year. As I’ve learned, keeping a blog upright for a year is no small task.

My very first post was on December 24, 2007 titled “Hello”. Four years later, I’ve stayed true to my mission statement:

I’ll be writing about legal issues, the practice of law, Connecticut legal stories and really anything law related that interests me enough to write about it.

For 2011, my New Year’s resolution was to avoid writing “Bysiewicz”on this site.  Aside from one post about the legislative changes to the statutory requirements to serve as Attorney General (which wasn’t substantively about Ms. Bysiewicz) I kept my resolution.

I’m looking forward to 2012. Through this site, I’ve realized that I really enjoy writing about the legislative process. In addition to it being interesting, our legislature gives me lots to write about. In any given year, only a few bills capture the attention of the media. There are plenty of scraps and interesting proposals that fly well under the radar. Those are the bills that I love.

The legislative process in 2011 was dominated by the budget. It will be interesting to see what 2012 yields as the General Assembly now has more time to deal with other matters. Election years are always interesting.

Thank you for reading. This site is a labor of love. In 2012 I hope to add to the discussion and to bring my readers more outstanding content from the Independent Media Network.

Happy Holidays,

Ryan

 

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A Lawyer Negotiating The Price Of A Car

Most of my day is spent negotiating. Almost all of my negotiating is on behalf of my clients.

Recently, I purchased a new car. This was the first car that I’ve purchased since passing the bar.  The process caused me to realize that I do very little negotiating in my daily life. After all, there is no haggling with Amazon.

In many ways, negotiating the purchase price of a new vehicle was much easier than any negotiating I do in practice. The reason: purchasing a car occurs in an open market.  If you don’t like the offer one dealer gives you – you simply call another dealer.  A consumer also has the advantage of being able to have dealers compete for a sale.

I can’t tell you how many times I’d love it if my clients could negotiate with a different spouse during a divorce.

In the practice of law, we are often stuck with the party across the table from us. Often this relationship does not occur by choice (you don’t get to choose who hits you head on) nor do you get to choose your judge.

My negotiation skills did help me to leverage a good deal. Negotiating the price of a car is in many ways no different than negotiating in a case – there is no substitute for research. Learning as much as I could about the car I wanted to purchase and market research on its cost ended up saving me money.

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“No Good Deed Goes Unpunished”

Is it the season or is it me? If I had a nickel for each time I uttered the phrase “no good deed goes unpunished” to a client during the past 2 weeks – I’d have like 40 cents.

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Trying A Case

There is nothing more exciting in the practice of law than taking a case from consult to a victory at trial (assuming the verdict holds up on appeal).

I love to try cases. Unfortunately, given the nature of civil practice, I don’t get the opportunity very often. Most of my trial experience comes from contested PJRs, family motions, and evictions.

More than anything it’s the creative and competitive process involved in trying a case that makes me excited to come to work in the morning. Sometimes it’s the 10th time you’ve looked over discovery and relevant case law that a breakthrough occurs. Finding that edge and exploiting it at trial is lots of fun.

Recently, I represented a client in the purchase of a home. The client made a $5000 deposit on the house. For a variety of reasons, the deal fell apart and the seller refused to refund the deposit.

From the outset, I was convinced my client was entitled to the refund of his deposit. Though as a judge once told me when confronted with a weak argument “that’s what lawyers do, make arguments, and often wind up believing them”.  Thinking your client is right and proving your client is right can be two totally different things.

Given the small amount of money at stake, we opted to file a small claims suit. The other side offered to split the deposit to settle the case.  We thought we had a strong case and rejected those offers.  We were right. The magistrate awarded us the return of the deposit and denied the defendant’s counterclaim against my client.

This lead us to a trial before a magistrate. Whenever I’m at counsel table be it in small claims court or the appellate court – my adrenaline starts pumping. It’s the same feeling I get before participating in a sporting event.  Frankly, it’s addicting. It’s exciting regardless of the venue or stakes.

It’s why I became a lawyer. It’s why I love being a lawyer. The day I don’t get excited about putting on my case before any court is the day I stop practicing law.

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Supreme Court Will Have To Draw The Congressional Lines

by Christine Stuart

The nine-member bipartisan Reapportionment Commission won’t finish redrawing the congressional maps before the court-ordered noon deadline, which means it will be up to the Supreme Court to decide.

Attorney General George Jepsen said his attorney’s have alerted the Supreme Court that the commission has reached an impasse and attorneys for both the Republicans and Democrats are expected to submit their briefs by 3 p.m. today.

It’s the first time in recent memory the Supreme Court will be asked to finish the task of drawing the five congressional districts before February 15th.  Click here to read more.

 

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Eliminating Sugar Is Awesome For Your Law Practice

In September, I did something radical.

For as long as I can remember, I was a carb junkie. Devouring breads, baked goods and candy as I went through my day.  While training for my last marathon, I really began to put on the pounds. No amount of running can outrun a bad diet. It was no coincidence that as my training peaked, my consumption of junk food peaked, and my weight peaked.

After a particularly bad training run, I decided that my diet was a real problem. For every step forward I was taking on the roads of Glastonbury – I was taking two steps back with my diet.

A friend suggested paleo for athletes. After toying with the idea for sometime, I decided to commit. What did I have to lose? My high carb diet wasn’t working for me.

I started eating as much healthy meats, vegetables,  nuts, and fruits. I didn’t restrict my calories.  I ate until I was full. I cut grains and processed sugars from my diet.

And something remarkable happened.

My running improved and significantly. I posted a personal best in a 5k this fall with a time of 22:27 (nearly 3 minutes better than my prior best).

More importantly, I felt better. After breaking my addiction to sugar, my energy levels and focus improved. No longer was I going from sugar crash to sugar crash throughout my day.

As an added plus, I’ve reduced what Adrian Baron calls “barrister belly”. Since September, simply by eating healthy, I’ve lost 22 pounds.

Losing weight + gaining focus + increased energy = a more effective lawyer.

If you want to know why this works, check out the video below:

YouTube Preview Image

 

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What To Do If You Are Facing Foreclosure In Connecticut

For many people, getting behind on a mortgage adds a tremendous amount of stress to their lives.

At one point or another, most people enter a stage of denial. They stop answering the phones or opening the mail. The fear of losing one’s home becomes so overwhelming that the only way many homeowners can deal with it is to ignore it entirely. This is very dangerous.

As a lawyer who has represented homeowners facing foreclosure, the earlier someone meets with me – the more I can do for a person. If a person waits until they receive an ejectment notice to see me – my ability to meaningfully help the person is severely limited.

My very simple advice is to save yourself a lot of stress, spinning your wheels, and perhaps money and see a lawyer when you first fall behind on your mortgage.  What do I mean by spinning one’s wheels? Unfortunately there are a lot of companies offering to help homeowners behind on their mortgages. They promise things like forensic audits. If someone is promising you something too good to be true – it probably is. These companies often ask for money up front.

A reputable lawyer should be able to advise you of your rights and options, refer you to other reputable professionals who may be able to assist you, and protect your rights in court.

You may be thinking “wow, a lawyer’s advice is to see a lawyer!” To which my response is “absolutely”.

There are options for homeowners facing foreclosure. The earlier you start addressing the problem the more options there are available to you.

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