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cfslegal · 1 year

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Get a Head Start on Your Estate Plan

When it comes to your family's assets, it's never too early to start thinking about your estate plan. Getting a head start on the process can help you get your affairs in order and avoid unnecessary stress and expenses down the road.

Choosing an estate lawyer who can represent your interests should be a top priority for you and your family. But how do you find the right one?

Peace of Mind

Peace of mind is a mental state that can be achieved through inner tranquility and freedom from worry and anxiety. People who experience this often report feeling relaxed and happy.

Estate planning is a key element in ensuring that your family has peace of mind when you are no longer able to make decisions. It ensures that you have a plan in place for how you would like your assets distributed and who will manage them after your passing.

An Estate lawyer will take the time to understand your personal goals, and help you create an estate plan that protects you. They will also keep your plan up to date as you change your circumstances and as your needs evolve.

One of the best things you can do for yourself is to spend some time reading an interesting book that interests you. This is a great way to relax, improve your concentration and reasoning skills, and find peace of mind.

Preparation for the Unthinkable

Having an estate plan in place has its advantages and one of the most important is a solid foundation of trust funds that will allow your loved ones to weather the storm when you are gone. A well executed document will ensure your wishes are followed in the event of the unthinkable and keep your heirs from squabbling over your belongings. The best part is you get to enjoy the fruits of your labor with a minimum of fuss and bother. Our team is on hand to help you navigate the maze that is your legal and financial documents. From there we will put the plan into action so you can get on with your life.

Representation in Court

If you have any concerns about a decedent’s estate administration, your attorney can represent you in an action to request the Court to remove an Executor or Trustee. This could happen if the named Executor or Trustee was acting erratically, was mentally incapable of fulfilling their duties or was suffering from a medical condition that significantly diminished his ability to carry out his duties.

If a beneficiary or heir at law believes that a trustee or executor has engaged in significant misconduct, a beneficiary lawyer can petition the Court to assess a surcharge on them and/or compel them to pay their beneficiaries’ attorney fees and costs.

Disputes about the disposition of a decedent’s assets can take many forms, from disputes between primary and contingent beneficiaries, to family members seeking to invalidate a will or trust because of elder abuse, to estate and trust beneficiaries trying to have an executor or trustee removed and surcharged for their mismanagement. If you are a beneficiary or heir at law involved in an inheritance dispute, contact a New York estate lawyer today to learn more about your legal options.

Rapport

Rapport is a close and harmonious relationship between two people or groups in which they are on the same wavelength and can communicate easily. It is an important aspect of interpersonal communication, which can help you to understand and reach your clients better.

It also helps you to make a great first impression on your prospective client, thereby paving the way for a smoother process and greater chances of closing a sale. In addition to demonstrating attention to detail, you can also showcase your skills in other ways such as listening to their needs and preferences.

Having a high degree of empathy is another key component to building rapport. This can be demonstrated through a combination of active listening and showing warmth, respect and genuineness towards your client. This may not be the simplest or most comfortable thing to do, but it can make all the difference in establishing your client’s trust and confidence. This will not only lead to a successful real estate transaction, it can help you establish a long-lasting relationship with your client and boost your business in the future.

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legalassistant · 2 years

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What are the grounds for removing an executor from probate?

Reasons For Removing an Executor From Probate

Several reasons exist for the court to remove an executor from probate. These include misconduct, incompetence, and failure to comply with the terms of the will. These grounds must be proven to the court's satisfaction.

Executor

Self-dealing in estate property is another reason for the court to remove an executor. In this case, the executor may sell the property for a higher price than it should have been sold for.

The executor's statutory duties are to safeguard the assets of the estate and to distribute the estate assets to the beneficiaries. They must submit an inventory of the assets to the probate court. The court will determine whether or not the executor has performed his or her statutory duties and will review any affidavits or other evidence submitted.

Personal representative

The personal representative of an estate has a duty to act independently and to do so in the best interest of the estate. The personal representative can be a beneficiary or a creditor. The creditor is usually an individual who has an interest in the will.

Beneficiary

A beneficiary can petition the probate court for the removal of an executor. The beneficiary must present evidence of incompetence to the court. He or she must also gather testimonies and documents that prove the incompetence.

Judicial Decision

An executor who is unable to do his or her job due to substance abuse, mental illness, or other problems is also eligible for removal. The court will consider the welfare of the beneficiaries and will only remove the personal representative when it is necessary.

Free consultation from one of the best Law Firms

If you have questions, you can get a free consultation with the Best Probate Lawyers.

Parklin Law - Probate Lawyer

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

https://parkin-law.business.site/ Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

#ParklinLaw #ParklinLawUtah #ParklinLawProbate #ProbateLawyerUtah #BestProbateAttorneysUtah #ProbateAttorney

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noramoya · 5 years

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“When Michael Jackson died in 2009, Wade Robson—the former choreographer whose allegations of abuse are at the center of a controversial new documentary, Leaving Neverland—wrote in tribute to his friend:

“Michael Jackson changed the world and, more personally, my life forever. He is the reason I dance, the reason I make music, and one of the main reasons I believe in the pure goodness of humankind. He has been a close friend of mine for 20 years. His music, his movement, his personal words of inspiration and encouragement and his unconditional love will live inside of me forever. I will miss him immeasurably, but I know that he is now at peace and enchanting the heavens with a melody and a moonwalk.”

Robson was twenty-seven years old at the time. Four years earlier, he testified at Jackson’s 2005 trial (as an adult) that nothing sexual ever happened between them. Prior to the trial Robson hadn’t seen Jackson for years and was under no obligation to be a witness for the defense. He faced a withering cross-examination, understanding the penalty of perjury for lying under oath. But Robson adamantly, confidently, and credibly asserted that nothing sexual ever happened.”

WHAT CHANGED BETWEEN THEN AND NOW ? A FEW THINGS :

• In 2011, Robson approached John Branca, co-executor of the Michael Jackson Estate, about directing the new Michael Jackson/Cirque du Soleil production, Immortal. Robson admitted he wanted the job “badly,” but the Estate ultimately chose someone else for the position.

• In 2012, Robson had a nervous breakdown, triggered, he said, by an obsessive quest for success. His career, in his own words, began to “crumble.” That same year, with Robson’s career, finances, and marriage in peril, he began shopping a book that claimed he was sexually abused by Michael Jackson. No publisher picked it up.

• In 2013, Robson filed a $1.5 billion dollar civil lawsuit/creditor’s claim, along with James Safechuck, who also spent time with Jackson in the late ‘80s. Safechuck claimed he only realized he may have been abused when Robson filed his lawsuit. That lawsuit was dismissed by a probate court in 2017.

• In 2019, the Sundance Film Festival premiered a documentary based entirely on Robson and Safechuck’s allegations. While the documentary is obviously emotionally disturbing given the content, it presents no new evidence or witnesses. The film’s director, Dan Reed, acknowledged not wanting to interview other key figures because it might complicate or compromise the story he wanted to tell.

It is tempting for the media to tie Jackson into a larger cultural narrative about sexual misconduct. R. Kelly was rightfully taken down by a documentary, and many other high-profile figures have been exposed in recent years, so surely, the logic goes, Michael Jackson must be guilty as well. Yet that is a dangerous leap—particularly with America’s history of unjustly targeting and convicting black men—that fair-minded people would be wise to consider more carefully before condemning the artist. It is no accident that one of Jackson’s favorite books (and movies) was To Kill a Mockingbird, a story about a black man—Tom Robinson—destroyed by false allegations.

The media’s largely uncritical, de-contextualized takes out of Sundance seem to have forgotten: no allegations have been more publicly scrutinized than those against Michael Jackson. They elicited a two-year feeding frenzy in the mid-90s and then again in the mid-2000s, when Jackson faced an exhaustive criminal trial. His homes were ransacked in two unannounced raids by law enforcement. Nothing incriminating was found. Jackson was acquitted of all charges in 2005 by a conservative Santa Maria jury. The FBI, likewise, conducted a thorough investigation. Its 300-page file on the pop star, released under the Freedom of Information Act, found no evidence of wrongdoing.

Meanwhile, dozens of individuals who spent time with Jackson as kids continue to assert nothing sexual ever happened. This includes hundreds of sick and terminally ill children such as Bela Farkas (for whom Jackson paid for a life-saving liver transplant) and Ryan White (whom Jackson befriended and supported in his final years battling AIDS); it includes lesser-known figures like Brett Barnes and Frank Cascio; it includes celebrities like Macaulay Culkin, Sean Lennon, Emmanuel Lewis, Alfonso Ribeiro, and Corey Feldman; it includes Jackson’s nieces and nephews; and it includes his own three children.

The allegations surrounding Jackson largely faded over the past decade for a reason: unlike the Bill Cosby or R. Kelly cases, the more people looked into the Jackson allegations, the more the evidence vindicated him. The prosecution’s case in 2005 was so absurd Rolling Stone‘s Matt Taibbi described it like this:

“ Ostensibly a story about bringing a child molester to justice, the Michael Jackson trial would instead be a kind of homecoming parade of insipid American types: grifters, suckers and no-talent schemers, mired in either outright unemployment… or the bogus non-careers of the information age, looking to cash in any way they can. The MC of the proceedings was District Attorney Tom Sneddon, whose metaphorical role in this American reality show was to represent the mean gray heart of the Nixonian Silent Majority – the bitter mediocrity itching to stick it to anyone who’d ever taken a vacation to Paris. The first month or so of the trial featured perhaps the most compromised collection of prosecution witnesses ever assembled in an American criminal case – almost to a man a group of convicted liars, paid gossip hawkers or worse…”

— MATT TAIBBI

In the next six weeks, virtually every piece of his case imploded in open court, and the chief drama of the trial quickly turned into a race to see if the DA could manage to put all of his witnesses on the stand without getting any of them removed from the courthouse in manacles.

••• WHAT’S CHANGED SINCE THEN ? •••

In Robson’s case, decades after the alleged incidents took place, he was barbecuing with Michael Jackson and his children. He was asking for tickets to the artist’s memorial. He was participating in tributes. “I still have my mobile phone with his number in it,” Robson wrote in 2009, “I just can’t bare the thought of deleting his messages.”

Then, suddenly, after twenty years, his story changed and with his new claims came a $1.5 billion dollar lawsuit.

As an eccentric, wealthy, African American man, Michael Jackson has always been a target for litigation. During the 1980s and 1990s, dozens of women falsely claimed he was the father of their children. He faced multiple lawsuits falsely claiming he plagiarized various songs. As recently as 2010, a woman named Billie Jean filed a frivolous $600 million paternity lawsuit against Jackson’s Estate.

As someone who has done an enormous amount of research on the artist, interviewed many people who were close to him, and been granted access to a lot of private information, my assessment is that the evidence simply does not point to Michael Jackson as the “monster” presented in Leaving Neverland. In contrast to Robson and Safechuck’s revised accounts, there is a remarkable consistency to the way people who knew the artist speak of him—whether friends, family members, collaborators, fellow artists,recording engineers, attorneys, business associates, security guards, former spouses, his own children—people who knew him in every capacity imaginable. Michael, they say, was gentle, brilliant, sensitive, sometimes naive, sometimes childish, sometimes oblivious to perceptions. But none believe he was a child molester.

A fair documentary would allow those voices to be heard as well. Instead, Leaving Neverland presents a biased, emotionally manipulative hit piece that dismisses the perspectives of hundreds of first-hand witnesses in favor of allegations by two men contradicting their own sworn testimonies.

— JOSEPH VOGEL .

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lokiiago · 5 years

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Three paedophiles were publicly shot then hanged from a crane in Yemen as punishment for raping and killing a ten-year-old boy.

Disturbing pictures show the rapists in blue overalls paraded in front of crowds in the centre of Sana’a, the country’s largest city.

They were handcuffed, ordered to lie face down and shot five times in the heart.

Their corpses were then winched high into the air by a crane where they were left hanging as a grim warning to other potential offenders while onlookers took pictures on mobile phones.

Yemen, south of Saudi Arabia, is one of the world’s top executors with capital punishment for violent crimes including murder, rape, and terrorism.

The death penalty can also theoretically be used in cases of Islamic or ‘Hudud’ offences under Sharia law such as adultery, sexual misconduct, sodomy, prostitution, blasphemy and apostasy.

All sentences are carried out by shooting although stoning, hanging, and beheading are also permitted within the Yemeni penal code.

Around 50 countries in the world still have the death penalty.

Saudi Arabia had also executed and crucified a man who stabbed a woman to death.

CONTINUED

#dark #yemen #death #murder #true crime #true crime community #tcc #crime

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zombiepineapple · 3 years

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Comparing Acceptable Use Policies

An Acceptable Use Policy is an agreement between a company and a customer. It's what someone agrees to in order to use a service or product. Most customers and stakeholders are prompted to read and accept these terms before initially using a company’s product, as well as when there are updates or new releases. Reading a company’s AUP can give insight to a company’s concerns, values, and security frameworks. People rarely read these, but they can tell us a lot about a company and how it treats its customers, not just what the company expects from people interacting with their property.

To show these differences, I read through the AUPs for Brown University, Facebook, and the U.S. Army. I ranked them on their efficacy and detail. Items given special attention will include how long ago an AUP was updated, concepts the AUPs define, mentions of cybersecurity policies, and repercussions for users who do not follow the AUPs.

Ranking Three Acceptable Use Policies

Brown University

Brown University is ranked third in the comparison of the first three AUPs. The university last reviewed their policy on August 3rd, 2016, but initially enacted the document August 1st, 2003 (Acceptable Use Policy | Computing & Information Services, n.d.). They have five separate help links from the policy page, making it the most accessible for users that need assistance. Another strength is that they have an extensive list of real-world examples to help clarify different situations a user may find themselves experiencing. They are most concerned with users cheating, hacking, and breaking the law. Toting respect above all else, Brown University is clear that if there are any breaches of their policy, they will respond with legal action. Their policy is short and doesn’t go out of its way to define concepts. Instead, it gives lists and examples of misconduct. Most notably, they are concerned with copyright abuses and “activities that would jeopardize the University’s tax-exempt status.” (Acceptable Use Policy | Computing & Information Services, n.d.)

Interestingly, they are specific on a few cybersecurity points. Students are allocated a certain amount of bandwidth which they cannot exceed. Users may not use university devices for libel, slander, harassment, or political purposes, nor economic gain. Users may not access or copy others’ personal identification or account information, like someone’s phone number or password. The use of security assessment or cyber-attack tools is prohibited unless under direction of and through educational means in their cybersecurity classes. Most notably, students are responsible for their device’s “network address or port, software and hardware. … (and) may not enable unauthorized users to access the network”. This means that if a student is hacked, it is effectively their fault, not the university’s, if they did not make a “reasonable effort” to protect their systems. Lastly, the AUP mentions that by agreeing to the policy, users also agree to all third-party license agreements, but there are no mentions or links to what those may be (Acceptable Use Policy | Computing & Information Services, n.d.).

Facebook

Facebook’s AUP is ranked second best out of the first three policy reviews. It consists of two documents: their Terms of Service and Community Standards. These documents were last revised October 2nd, 2020 (Terms of Service, 2019). At the start, Facebook is intent on explaining that everything they do is for others’ benefits. They clearly state that they don’t sell user data, but they get revenue from semi-anonymous user activity data (Terms of Service, 2019). For example, an advertising company may be told that a person who works in the culinary arts and likes skydiving clicked on their ad. This didn’t name the person or give away anything that may identify them, but it should be noted that the user is being given the Facebook platform service in exchange for this type of surveillance and reporting, and not any type of financial reparation. Facebook spends several pages explaining how this process makes the world a better place (Terms of Service, 2019).

From there, Facebook defines who is allowed to use their platform. As long as a user is over 13, not a convicted sex offender, hasn’t been kicked from the platform before, or doesn’t live in a country that bans Facebook, a person may create a profile. The profile must have the users real name, give accurate personal information, and be their only account (Terms of Service, 2019). This raises some questions, as many people regularly use fake names, have many accounts, and state they went to Hogwarts for college. Copyright is an interesting topic for Facebook. Anything a person uploads remains theirs and Facebook owns the “license” to it, unless it’s deleted. Interestingly, this section specifies that Facebook can use user content in their advertising campaigns without any special permissions (Terms of Service, 2019). So, don’t be surprised if Joe Lunchbox’s vacation video ends up on television.

In terms of cybersecurity, no one may upload malicious code nor attempt to spider, or scan for data, using software. Trying to view Facebook’s source code is also prohibited. If any of these policies are broken, Facebook will issue warnings, disable accounts, and may even contact and give personal information to law enforcement (Terms of Service, 2019). For example, if a person starts a live stream and begins threatening suicide, the stream will be cut the moment “threat becomes attempt” and police will be contacted and given that person's geological location, name, and number. There is also a very large section dedicated to mentioning that Facebook is not perfect and not responsible for content people post. This states that no lawsuit against Facebook may exceed $100 compensation from them and that all court cases take place “exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County.” (Terms of Service, 2019)

Facebook works with several partners to eliminate any form of human abuses, like trafficking, exploitation, assault, and sexual violence. There’s even a special branch covering all this in relation to minors and children (Facebook, 2019). In fact, most photos with any type of child nudity, even uploaded by loving parents, is usually removed because those images can be perverted by others. There’s also a dedicated anti-bullying hub that targets “content that’s meant to degrade or shame.” Facebook abhors hate speech, glorifying violence, “deep fakes”, and victim mocking. A “deep fake” is an altered video that appears to be real but intends to mislead and manipulate (Facebook, 2019).

Facebook’s Community Standards are mostly large and extensive definitions for the following: violence, criminal behavior, safety, objectionable content, integrity, authenticity, respecting intellectual property, and content-related requests and decisions (Facebook, 2019). There are only a few interesting points in these. Facebook prohibits drug and gun transactions on their platform, but does allow these types of advertisements, especially ammunition retailers. If a person dies, their account may be memorialized. A family member or even a person’s official executor can request this. A parent can have their child’s Facebook profile deleted. Lastly, Facebook decides policy change by stakeholder group discussions (Facebook, 2019).

The U.S. Army

Ranked number one is the Acceptable Use Policy for the United States Army. In stark contrast to Facebook’s AUP, the Army keeps as much as possible private and secured. Their AUP was last updated November 7th, 2018, and has short, concise definitions, leading into lists of rules (ACCEPTABLE USE POLICY (AUP), n.d.). They start off by specifying that there are two networks: The SIPRNET and the NIPRNET, or the Secret Internet Protocol Router Network and the Non-secure Internet Protocol Router Network. Everything on the SIPRNET is classified and everything on NIPRNET is unclassified (ACCEPTABLE USE POLICY (AUP), n.d.).

The Army’s AUP is mostly cybersecurity best practices. Users need authorization to do most things, including the ability to read/write to something, change any settings, or install any programs. They use Public Key Infrastructure (PKI) for every single communication on the SIPRNET, while the NIPRNET acts as a kind of duplicate internet. Secure Socket Layer (SSL) is used and security training takes place annually (ACCEPTABLE USE POLICY (AUP), n.d.). If a user misses their security training deadline, their accounts are locked until they’ve done the training and turned their completion in to their superior. The program covers “threat identification, physical security, acceptable use policies, malicious content and logic identification, and non-standard threats such as social engineering.” Passwords are changed every 90 to 150 days and all items must be virus checked before they can be opened on a device. Malicious code and executables, like .exe, .com, .vbs, and .bat files, are prohibited (ACCEPTABLE USE POLICY (AUP), n.d.). Only System Administrators are allowed to do system maintenance. Wireless devices must be off in most parts of the network and Bluetooth is outright barred. Users may not use so much bandwidth as to disrupt service but are allowed a small and reasonable number of personal communications at certain moments of the day, in certain locations, with personal devices. All of this is routinely monitored, traffic is intercepted, and devices may be seized at any time. The Army has the right to take any data a user has on its devices unless it is protected under duty of confidentiality, like communications with a lawyer or therapist (ACCEPTABLE USE POLICY (AUP), n.d.).

The only course of repercussion described is “disciplinary action”, with no further explanation (ACCEPTABLE USE POLICY (AUP), n.d.). This was chosen as the best out of the three AUPs because of its cybersecurity focus and curt specificity.

Conclusion

Acceptable Use Policies range widely in length, structure, specificity, and accountability. Most companies seem to care about copyright violations, but there are stark contrasts in the length certain companies go to communicate their expectations to users. Stakeholders deserve to have AUPs that are definitive, clear-cut, and comprehensive. These AUPs indicate not only how a company wishes to be treated, but how they will treat their users. Whether it’s a San Mateo County lawsuit guaranteed to award no more than a hundred bucks, a picture of a child in the tub being redacted, or an impromptu visit from a mental health professional, users must accept the effects of misconduct. That obligation starts by agreeing to Terms of Service, even if a user doesn’t read them.

References

ACCEPTABLE USE POLICY (AUP). (n.d.). https://home.army.mil/gordon/application/files/2915/4938/7446/FG_AUP-07NOV18.pdf

Acceptable Use Policy | Computing & Information Services. (n.d.). It.brown.edu. Retrieved April 25, 2021, from https://it.brown.edu/computing-policies/acceptable-use-policy#31

Facebook. (2019). Community Standards | Facebook. Facebook.com. https://www.facebook.com/communitystandards/

#cybersecurity #Acceptable Use Policy

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freenewstoday · 3 years

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New Post has been published on https://freenews.today/2021/04/01/my-aunt-took-over-from-me-as-my-grandmothers-power-of-attorney-and-executor-of-my-grandfathers-1-3-million-estate-should-i-retaliate/

My aunt took over from me as my grandmother’s power of attorney and executor of my grandfather’s $1.3 million estate. Should I retaliate?

Dear Quentin,

My grandfather recently passed away, and my grandmother has been declared mentally deficient enough that her insurance paid for full-time care in a care facility.

After my grandfather’s death, their only surviving child, my aunt, became upset with me at the funeral home during the final planning meeting.

I have been the executor for nearly 20 years and was also tasked by Grandpa to plan his funeral details, which he had paid for before passing.

“ ‘I have been the executor for nearly 20 years and was also tasked by Grandpa to plan his funeral details.’ ”

My aunt since had me removed as the executor, and also removed me as a co-power of attorney. I knew nothing of this until a chance meeting today with a family member.

There is, to my knowledge, approximately $1.3 million in assets, most of which come from a living trust, and the family home that is under contract for purchase.

My feelings are that the power of attorney, executorship and possibly the will could not be changed because of Grandma’s mental state.

I’m not sure if I need to talk to an attorney about it now, or after Grandma passes, or if it will really matter in the end, as I believe the trust is the biggest amount and is set in stone.

I don’t want to fight over a few thousand dollars, or lose what time I have left with Grandma.

Your thoughts are appreciated.

Grandson

You can email The Moneyist with any financial and ethical questions related to coronavirus at [email protected]

Dear Grandson,

I believe you should make two phone calls: one to your family’s attorney to establish the accuracy of this relative’s account, and after that, one to your aunt to resolve whatever dispute you had at the funeral meeting, and to discuss your joint responsibilities. Only make this second call when you have all the facts and know your options. It’s better to make your intentions known and to explain your reasoning before you take any action, to avoid escalating an already tense situation.

One must petition the court to change executor without the existing executor’s cooperation, and so I question the veracity of this mutual family member’s statement. “Gathering this evidence requires depositions, expert witnesses such as accountants, interrogatories, witness interviews, subpoenaed documents and evidence presented following the rules of evidence and subject to the executor’s objections,” per guidelines from Klenk Law, a boutique estate-law firm.

“ ‘Power of attorney gives someone the keys to the house — and the bank accounts.’ ”

“Just being upset with the executor is not enough,” according to Peter Klenk. “You must provide the judge with a basis for removal.”

Causes for removal include friction between co-executors, failure to comply with the terms of the will, non-cooperation with a vital party or a beneficiary, neglecting or mismanaging estate assets, misconduct, self-dealing, abuse of discretion, misappropriation of funds, hostility towards heirs and breach of fiduciary duty, he says. And, yes, that works both ways.

Power of attorney gives someone the keys to the house — and the bank accounts. “The POA, in fact, is the most abused estate document in terms of theft,” writes Ken Russell, a partner at Baratta, Russell and Baratta. He recommends a provision requiring the POA to provide detailed updates and documentations on all recent activities. It may not prevent financial abuse, but it could deter the POA from acting recklessly. Information gathering first — and, based on what you find, action later.

Ultimately, I advise against both inaction and/or underestimating the value of either role.

The Moneyist: ‘I cut his hair because he won’t pay for a haircut’: My multimillionaire husband is 90. I’ve looked after him for 41 years, but he won’t help my son

Hello there, MarketWatchers. Check out the Moneyist private Facebook FB, +1.40% group, where we look for answers to life’s thorniest money issues. Readers write in to me with all sorts of dilemmas. Post your questions, tell me what you want to know more about, or weigh in on the latest Moneyist columns.

By submitting your story to Dow Jones & Company, the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties.

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davidslepkow · 3 years

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(via Rhode Island Wrongful Death Lawyer | Slepkow Law (est. 1932))

Rhode Island Wrongful Death Lawyer | Slepkow Law (est. 1932)

When an individual loses their life by the misconduct, negligence or intentional actions of another, the surviving family members have the legal right to file a lawsuit for the “wrongful death” The victim’s loved ones should retain a top RI wrongful death lawyer. Because of the fatal injury, the victim’s family can file a claim or lawsuit against all parties at fault for the death as a measure of accountability and a way to seek financial compensation for all damages and losses sustained by the wrongful death.

Wrongful death lawyer RI

Rhode Island Wrongful Death Lawyer

The Spouse or Family member is not entitled to file a wrongful death claim on their own in Providence Superior Court. In fact, only the duly appointed executor or administrator of the deceased who died in the fatal wreck may file a wrongful death cause of action utilizing a RI wrongful death lawyer. The executor must retain a top wrongful death lawyer in RI to litigate the deadly crash and seek compensation for the statutory determined beneficiaries.

How are wrongful death damages apportioned under RI law?

RI law states ““…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” Law server

The surviving family members of a wrongful death victim often face horrific financial burden by the untimely death. By filing a suit Providence or Newport Superior Court, the family can receive economic damages AND non-economic damages as a result of the fatal collision or fall.

The most common causes in cases handled by Rhode Island wrongful death lawyers:

Every motorist has a legal responsibility to drive in a safe and conscientious manner to protect themselves and all others sharing the road. Unfortunately, more than 30,000 individuals die every year in motor vehicle accidents or car accidents where some type of negligence or reckless action caused injuries and death.

Often the automobile (auto) driver disobeyed traffic laws, failed to account for hazardous road conditions, drove recklessly in congested traffic or neglected obvious hazards/dangers that required an adjustment in their driving behavior.

Most deadly motor vehicle accidents and car accidents are usually trucking collisions involving Semi Trucks, Tractor Trailers, Big Rigs and 18 wheelers. If your loved one was killed in a tractor trailer crash in Rhode Island then you need to contact a RI truck accident lawyer who is also a Rhode Island wrongful death attorney. A RI wrongful death attorney will have experience litigating fatal trucking mishaps.

Motor Vehicle Accident in RI

Motorcycle accidents are also some of the most often deadly types of vehicular accidents in Rhode Island and Providence Plantations. If a spouse, child or family member is killed in a RI motorcycle accident by a car or other motor vehicle then you need to retain a Rhode Island motorcycle accident lawyer. A garden variety rear end car accident in RI can become fatal if a car or suv rear-ends a motorcycle.

Medical Malpractice

Mistakes, errors and failure to act professionally are the causes of many medical malpractice cases where the patient dies unexpectedly. Health care professionals and medical doctors are legally bound to provide treatment and optimal care by following acceptable standards of practice. Unfortunately, medical malpractice in Rhode Island happens when a medical professional is negligent in delivering appropriate medical care to individuals who consequently lose their lives.

Family members of the deceased patient can file a wrongful death claim against the facility and all medical professionals involved in the case including doctors, nurses, surgeons, psychologists, anesthesiologists and other health care providers who are legally responsible to provide care.

Nursing Home Neglect and abuse

Elderly, disabled and seriously ill individuals are among the most vulnerable in our society. When nursing staff and nursing facilities act negligently or abusively, the victim can easily succumb to their injuries. Nursing home neglect and abuse are common problems at facilities nationwide.

Sadly, many cases of nursing home neglect go unnoticed, undetected and unreported until it is too late. This is often because the victim feels too scared to tell others that their caregiver is being abusive or neglectful of their health and hygiene requirements. Neglect in a nursing facility often leads to bedsores (pressure sores; pressure ulcers; decubitus ulcers) that when left untreated can cause life-threatening open wounds and infections of the bone (osteomyelitis) or sepsis (blood poisoning).

Workplace Accident Death

Safety standards are set forth by OSHA (Occupational Safety and Health Administration) that must be followed by employers to ensure the safety of every employee. Even so, workplace accidents are one of the leading causes of wrongful death cases in the United States. While a workplace accident can occur anywhere, the most common locations are construction sites, logging sites and mines. However, truck drivers, metalworkers, electricians and those working in the fishing industry are also considered to be in a high-risk occupation that has a greater potential of a work-related death than most jobs.

Sadly many wrongful death claims in Providence involve construction site accidents. In the event of a construction accident in Rhode Island then you should retain a RI construction accident lawyer. Not every Rhode Island personal injury attorney has expertise going to the mat, so to speak, with insurance adjusters in Rhode Island construction accident death causes of action. A Rhode Island workers compensation lawyer can also seek death benefits against an employer for a work related accident under the workers compensation statute.

Product Liability fatalities

The manufacturer, distributor or retailer of all products are legally accountable for items sold to the public. Unfortunately, faulty product designs and defective manufacturing processes lead to the death of many consumers. Sometimes, the manufacturer and retailer know that the product is dangerous but fail to provide adequate warning of any potential risk of injury or death directly associated with its use. Any failure to properly advise or warn the consumer can be the basis of a wrongful death lawsuit seeking financial compensation.

If you have lost a loved one through a wrongful death, you likely have a legal opportunity to file a suit or claim for compensation. Skilled Rhode Island wrongful death attorneys or a Rhode Island wrongful death lawyer will accept these types of cases on contingency and provide a free, initial consultation to determine the value of your case. A Rhode Island wrongful death lawyer will help the family of the deceased get the compensation they deserve and to seek justice on behalf of the innocent victim.

Citation

“Total fatalities in crashes with young drivers has decreased steadily over the 10-year period from 2005 to 2014, resulting in a 48-percent decrease in fatalities during that time, as seen in Table 1. Fatalities among young drivers, the passengers of young drivers, and occupants of other vehicles all declined by approximately half (51%, 54%, and 44%, respectively). However, nonoccupant fatalties in young driver-related crashes decreased by only 28 percent during the same 10-year period.” NHTSA National Highway Traffic Safety Administration, Traffic Safety Facts 2014 Data 1200 New Jersey Avenue SE. Washington, DC 20590 May 2016 DOT HS 812 278

Hold the individual or company responsible for the death legally accountable

The unexpected loss of a loved one is a devastating experience where the grieving process lasts for many years. Because of the overwhelming despair, many families never consider taking legal action to hold the individual or company responsible for the death legally accountable for their negligence, recklessness or intentional act. In most incidences, the unexpected death will place a huge financial burden on the surviving spouse who is left behind to support the family and provide emotional support to others, all while grieving. A Rhode Island wrongful death attorney will help the victim’s spouse, family and children get the justice they deserve and the compensation they need!

Rhode Island wrongful death attorney

While no amount of compensation can return the loved one, the grieving family should never have to pay for funeral expenses, hospital bills or the loss of financial support caused by a wrongful death. A Rhode Island wrongful death attorney can assist families who need to seek justice and obtain financial compensation for their damages. A reputable RI personal injury attorney or Rhode Island wrongful wrongful death lawyer can help determine whether survivors have a case and do all the legwork such as:

• File a claim • Gather evidence • Reconstruct the accident or incident • Speak to eyewitnesses • Negotiate an out-of-court settlement • Build a case for trial when necessary • Present evidence in front of a judge and jury

Under Rhode Island law any funds received as a result of the fatal RI car accident claim are to be split as follows: “…one-half (1/2) shall go to the husband or widow, and one-half (1/2) shall go to the children of the deceased, and if there are no children, the whole shall go to the husband or widow, and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate…” Law server

Defining Wrongful Death in Rhode Island

Wrongful death is a legal term used in civil court that refers to any death caused by another person or entity through a negligent, intentional or reckless act. Common types of wrongful death cases involve medical malpractice, vehicle accidents, defective pharmaceuticals (bad drugs), community pool drowning, nursing home abuse and premises liability accidents along with serious intentional actions including physical assault that leads to death.

State and federal tort laws provide surviving family members the opportunity to file a claim or lawsuit against all parties responsible for the death of a loved one. In Rhode Island, only the executor or administrator of an estate can file a wrongful death lawsuit on behalf of the statutory beneficiaries. Wrongful death lawsuits and claims for compensation hold others responsible for their negligence, recklessness or intentional actions causing the fatal car, truck or motorcycle accident.

Proving a Case for Wrongful Death in Providence Superior Court

To be successful in a Rhode Island wrongful death car or motor vehicle cause of action, it is the responsibility of the estate’s Providence personal injury attorneys or Rhode Island Island wrongful death attorney, to prove four specific elements in the case by showing:

1. The wrongful death case was filed because a person died; 2. The death was caused by the negligence, recklessness or intentional actions of another; 3. The tortfeasor owed a duty of due care to the person killed in the RI automobile wreck or RI car crash

What are the most common types of accidents leading to fatalities in Rhode Island

The following types of collisions or mishaps are often deadly:

motorcycle accidents,

bicycle accidents,

truck and tractor trailer collisions,

construction accidents and

car accidents in RI.

Wrongful Death Damages in RI and Providence Plantations

The wrongful death attorney in Rhode Island will build a case on a financial or pecuniary injury to the surviving family members of the decedent killed by the actions of others. In a civil court action, a pecuniary injury can involve a loss of support, loss of inheritance, loss of services, funeral and medical expenses and others. In most cases, the law awards damages for a wrongful death at a compensation level that is fair and just in equal proportion to the value lost by the decedent’s death.

In most cases, the amount sought in a claim will cover medical bills, funeral expenses, recompense for grief and the total value of lost financial support along with attorney fees, court fees, and all other expenses directly associated with the case. Under RI law the statutory beneficiaries may be entitled to: prospective income / earnings, value of homemaker’s services, punitive damages, hospital and medical expenses prior to death and Pain and suffering prior to death. RI car accident

Hiring a Providence Car Accident Attorney or Rhode Island wrongful death attorney

Hiring a Rhode Island wrongful death lawyer is a sure way that surviving family members can obtain a successful resolution to their claim for compensation. A reputable East providence personal injury attorney will use successful theories of law to build a strong case for compensation. Most of these types of cases are handled through a contingency fee agreement. This means all of the attorney fees are paid only after the law firm negotiates an acceptable out of court settlement or wins a jury award in a lawsuit trial.

Rhode Island car accident lawyer

Selecting an experienced, strong Rhode Island wrongful death attorney to represent the estate of a loved one allows the family to remain focused on mourning the unexpected death of a loved one. The RI fatal motorcycle accident lawyer or Rhode island truck accident attorney can ensure all the families rights are protected while they seek justice to hold all parties at fault for the death legally and financially accountable for their actions.

Massachusetts wrongful death

Massachusetts wrongful death attorneys

Can someone proceed with a wrongful death case under Massachusetts Law when they were not executor or administrator of the deceased estate at the time of the presentment of the case? Can someone proceed with a Mass. Wrongful death case when the MA Superior Court complaint was not brought by the administrator or executor of the estate?

Massachusetts wrongful death lawyer

The Massachusetts Appeals Court sitting in Middlesex County MA emphatically answered these 2 questions ‘NO’! affirming the lower Court dismissal.(It is unclear whether there is an appeal pending to the Supreme Judicial court) Pursuant to Massachusetts wrongful death law, before a lawsuit can be filed there must be a probate of the estate and “obtain the appointment of the executor or administrator necessary to file a wrongful death claim…” In the Estate of Gavin case, “The judge did not err in concluding that the presentment was improper because the claimant lacked the legal capacity to make a presentment for wrongful death. Apart from the failure of presentment, the complaint for wrongful death also could not properly be maintained and was subject to dismissal because it had not been brought by the duly authorized executor or administrator on behalf of the heirs at law and next of kin as required by statute.” As a result, the court affirmed he dismissal of the lawsuit. ESTATE OF GAVIN v. TEWKSBURY STATE HOSPITAL

(Editor Note: Sadly a man died in a tragic accident and the heirs of the estate will not be compensated unless the Massachusetts wrongful death lawyer committed legal malpractice by improperly presenting the case. There is not enough public info to determine whether there was malpractice in this case. In the event of legal malpractice, the claimants would need to file a legal malpractice case against their Massachusetts wrongful death attorneys alleging the mA medical malpractice lawyers botched the case.)

Death from a “bacterial infection allegedly due to the improper re insertion of a feeding tube…”

In August 2008, Mr. Gavin died from a “bacterial infection allegedly due to the improper re insertion of a feeding tube and improper monitoring by physicians and staff at Tewksbury State Hospital.” Id.

He had a will when he died naming his parents as executors of the estate.

“In July 2010 (approximately 20 days prior to the two year presentment requirement required by Massachusetts law) an attorney for the Plaintiff sent a demand letter to the hospital; and the Attorney general seeking damages on account of a wrongful death.” Id.

“The presentment letter set forth in detail the basis of the claim of wrongful death. At the time of the presentment, no Probate and Family Court filings had occurred, and no executor or administrator of Gavin’s estate had been appointed.” Id.

A motion to dismiss was filed by the defendants.

The plaintiff scrambled to get their case in order.

“The plaintiff promptly opposed the motion and made some preliminary attempts to address the fact that there was no duly appointed personal representative empowered to bring the wrongful death action. On May 10, 2011, Thomas and Mary were appointed temporary coexecutors of Gavin’s estate. As well, on May 13, 2011, the plaintiff moved to amend the complaint, bringing it in the name of “James T. Gavin and Mary Gavin, as Coexecutors of the Estate of Steven Gavin.” Id.

A MA Superior Court judge dismissed the cause of action finding that the Plaintiff lacked “legal capacity to make a valid presentment” because the claimant who made the presentment was not the “executor or administrator with the capacity to commence suit or settle the wrongful death claim” Id.

Read more about Wrongful Death in MA here

The Appeal Co0urt reasoned that presentment was not meaningless and there was strong public policy behind the presentment requirement. “Establishing presentment as a mandatory prerequisite to suit reflects a legislative choice to permit the public employer to investigate any claim in full and to negotiate, arbitrate, compromise, or settle any such claim as it sees fit. Id. See Weaver v. Commonwealth, 387 Mass. 43, 47–48, 438 N.E.2d 831 (1982); Holahan v. Medford, 394 Mass. 186, 189, 474 N.E.2d 1117 (1985)”

The Appeals Court also ruled that “The failure of an authorized claimant to make a presentment within the two-year period prescribed by G.L. c. 258, § 4, was a fundamental obstacle to suit under the Act.” Furthermore the action was dismissed because the “complaint for wrongful death was not brought by the duly authorized executor or administrator on behalf of the heirs at law and next of kin.” Id.

Massachusetts medical malpractice lawyers

(Editors note: the plaintiff appeared to be in a quagmire because the case according to the Appeals Court was not presented properly as required by Mass law. Plaintiff also filed the case based on the same faulty presentment. Plaintiffs tried to cover their tracks by filing a probate case to be named executors but then the two years had expired and it was too late to make a proper presentment. To make matters worse, the Plaintiff was denied a request to change the name of the Plaintiff in the lawsuit to the proper name. It appears doubtful that it would have made any difference if the motion to amend the complaint was granted since the initial presentment was deficient and the two year wrongful death lawsuit deadline expired for proper presentment of the claim. What a mess! )

(Editors note: Did the MA wrongful death lawyers rush this claim to meet the 2 year presentment requirement deadline required by MA law? The presentment was only approximately 20 days prior to the two year deadline. A Probate case had not been opened and an executor had not been appointed and therefore the presentment was not in the name of the executor of the estate.)

It is unclear whether the MA medical malpractice lawyer was hired at last minute or the wrongful death attorney made a tragic mistake by waiting until the last minute and then not filing an estate and bringing the presentment by the executor or some other mistake was made. At the end of the day: what is clear- is that someone dropped the ball big time and a mistake was made. As a result the victim’s estate will not be compensated for this tragic death. (There is not enough information here to explain what went wrong.)

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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architectnews · 4 years

Text

Judge rules against Patrik Schumacher in Zaha Hadid court case

Zaha Hadid Architects principal Patrik Schumacher has lost the right to have full control over the architecture studio at the end of a legal battle over its founder's £100 million estate.

The four-year-long dispute over Hadid's estate, which began after her death in 2016, was settled in a court hearing held remotely on a video call due to the coronavirus pandemic.

The four executors of Hadid's estate – Schumacher, Zaha Hadid's niece Rana Hadid, developer Peter Palumbo and artist Brian Clarke – agreed that the majority of Zaha Hadid's assets will go to the Zaha Hadid Foundation.

However, Schumacher lost his right to have a veto on decisions made by an employee benefit trust that will be created to oversee the studio, which trades as Zaha Hadid Limited.

Executors disagreement a "toxic dispute"

Schumacher brought the case against the other three executors of Hadid's estate, who along with Schumacher are all directors of Zaha Hadid Holdings, as he wanted independent executors appointed.

The trio had accused Schumacher of attempting to remove them as co-executors, but the Zaha Hadid Architects principal said he was only attempting to move the negotiations along.

Judge Matthew Marsh said the whole case was a "tragedy" and that the late Zaha Hadid would not have wished for the situation to devolve into such a "toxic dispute", reported the Guardian.

An estimated £100 million of Hadid's assets – including paintings, sketches, architectural models and properties in Miami and London – has already been catalogued.

Monetary value from shares in the late British-Iraqi architect's companies, including Zaha Hadid Design, has been transferred to the Zaha Hadid Foundation. This charity plans to set up a museum and offer scholarship funds benefitting the architectural education of Arab women.

Accusations of sexual misconduct

The court case revealed the depth of acrimony developing between Schumacher and the other three friends and relatives appointed by Hadid to manage her estate.

Tensions first surfaced in 2016, when Schumacher made a controversial statement about social housing, prompting his co-executors to publically distance themselves from his comments.

Two independent legal reports were presented by the defendants in their attempt to block Schumacher's veto ahead of the hearing this month, the Guardian reported.

One report from 2019 alleged "numerous failings of corporate governance" by Schumacher, including an alleged history of abusing the power of veto – including vetoing the fees incurred by the investigation.

A second report from 2020 alleged that Schumacher had inappropriate sexual and romantic relationships with junior staff members and pursued pay rises and promotions for those he had romantic relationships with.

Practice "dismayed" by allegations

Marsh said his decision to rule against Schumacher was not influenced by these reports, which the judge described as full of "highly contentious evidence".

In a later statement, Zaha Hadid Architects said the practice "is dismayed by the unfounded allegations".

"The allegations are unproven, contested, and must be considered in the context of a long-running, acrimonious dispute between the trustees of Zaha's estate," added the practice.

The post Judge rules against Patrik Schumacher in Zaha Hadid court case appeared first on Dezeen.

#Architecture – Dezeen

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ericfruits · 2 years

Text

Tag Team

Thursday, April 28, 2022

Dan Trevas has a summary of an Ohio Supreme Court decision

A Greene County Probate Court judge received a six-month stayed suspension today for berating a man who publicly questioned whether the judge should hear cases in which the judge’s daughter represents parties.

The Supreme Court of Ohio voted 5–2 to suspend Judge Thomas O’Diam of Xenia. The suspension was stayed with the conditions that he commit no further misconduct and complete six hours of judicial education focused on judicial demeanor, civility, and professionalism.

The sanctions imposed on Judge O’Diam related to a series of events in mid-2019 in which the judge violated the judicial-conduct rule requiring judges to be patient, dignified, and courteous to participants in cases and to require similar conduct of lawyers and others under the judge’s direction and control.

In a per curiam opinion, the Supreme Court adopted the Board of Professional Conduct’s conclusion that in two instances Judge O’Diam violated the rule and also allowed his daughter Brittany, an attorney appearing in his court, to violate the rule while questioning a beneficiary in an estate case she was handling.

Justices Sharon L. Kennedy, Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, and Melody Stewart joined the opinion.

Initially, the Office of Disciplinary Counsel recommended a public reprimand. A three-member board hearing panel then recommended a stayed suspension. However, the full Board of Professional conduct ultimately suggested Judge O’Diam be suspended for six months and be immediately suspended from his judicial office without pay.

Chief Justice Maureen O’Connor and Justice Jennifer Brunner concurred in part with the Court’s opinion but stated they would impose the board’s recommended full suspension without pay.

Judge’s Daughter Submits Estate Case From 1985 to 2013, Judge O’Diam practiced estate planning and was the majority shareholder in a local Greene County law firm. His daughter, Brittany O’Diam, joined the firm in 2010. Following Judge O’Diam’s appointment to the bench in 2013, the firm reorganized and entered into a payment plan to purchase the judge’s ownership of the firm. The firm made regular payments to the judge until March 2021.

In 2018, Carolee Buccalo died, and her granddaughter was named executor of the estate. The granddaughter hired Brittany to assist with the estate administration. In May 2018, Brittany filed the application to probate the will in her father’s court.

Brittany filed seven waivers of disqualification signed by the beneficiaries of the estate, including three signed by Carolee’s son, Grant David Buccalo. The waivers explained that Brittany was the judge’s daughter, that she was a shareholder in the law firm, and the law firm was making payments to the judge. The waivers stated these circumstances could disqualify Judge O’Diam from hearing the case, but indicated the beneficiaries trusted Judge O’Diam to act impartially and fairly.

Public Comments Anger Judge A year later, as the estate administration remained pending, Buccalo attended a Greene County Board of Commissioners’ meeting and requested time to address the commissioners regarding Judge O’Diam. Buccalo did not tell the commissioners about his mother’s estate or that he had signed any waivers.

Buccalo stated that he believed Judge O’Diam should recuse himself in cases in which O’Diam family members represent parties, and said, “Justice depends on the appearance as well as the reality of fairness in all things.” He added that people leaving the courtroom need to feel as if they got a “fair shake” and that the system “wasn’t rigged.”

He spoke for about two-and-a-half minutes on the matter and noted that he planned to file a grievance with the disciplinary counsel. About two weeks after the commissioners’ meeting, Buccalo submitted a grievance, which the disciplinary counsel’s office dismissed without investigation based on the waivers that Buccalo had signed.

Judge O’Diam heard about the comments and obtained a video recording of the commissioners’ meeting. He spoke to his daughter about the matter, then scheduled a status conference for the estate case. He ordered the executor and local beneficiaries to appear in person for the conference and warned that failure to attend would be considered contempt of court.

Judge, Daughter Grill Beneficiary The judge did not inform Buccalo about the purpose of the status conference or tell him he would be called to testify under oath.

At the June 2019 conference, Judge O’Diam called Buccalo to the witness stand and played the video of his appearance at the commissioners’ meeting. He then cross-examined Buccalo for nearly an hour on issues related to the waivers Buccalo signed and his comments to the commissioners.

“I have been a probate judge for six years now. And never in my time on the bench have I ever been as personally offended as I am with you right now,” Judge O’Diam told Buccalo. “[Y]ou went to a public forum that has nothing to do with this court and you disparaged and slandered me personally on a public record.”

Judge O’Diam told Buccalo that he and the commissioners had a “run-in” before in which they “almost went to blows” over the commissioners’ attempt to interfere with the probate court’s administration. He stated he would address the commissioners.

After questioning Buccalo for an hour and denying his request for water, Judge O’Diam allowed his daughter to question Buccalo and make statements without restriction for 15 minutes. Brittany stated that Buccalo also impugned her character at a public meeting and that his actions “cost this estate an extensive amount of money, an extensive amount of heartache, and an extensive amount of stress that was all completely unnecessary.”

At the conclusion of the conference, Judge O’Diam recused himself from the case and requested a visiting judge be appointed to consider the matter. A week later, Judge O’Diam and his daughter appeared before the county commissioners, and the Judge O’Diam stated Buccalo had made unfounded and false accusations about him and his daughter.

Judge’s Conduct Assessed In March 2021, disciplinary counsel filed a complaint with the professional-conduct board relating to Judge O’Diam’s treatment of Buccalo.

At the disciplinary hearing, Judge O’Diam testified that he intended to use the status conference to determine why Buccalo had an issue with the disqualification waivers and whether there was any way to resolve his concerns. Judge O’Diam also described Buccalo’s testimony about the hearing as “a lot of overdramatization” of what occurred.

The panel heard a recording of the probate court hearing and found that Judge O’Diam understated his demeanor and attitude. The panel noted that during his lengthy questioning of Buccalo, Judge O’Diam never addressed the topics he stated were the reasons for the conference. The panel suggested that the evidence indicated the judge planned to recuse himself even before the hearing took place and that his questioning of Buccalo “was entirely gratuitous.”

The board adopted the panel’s findings that Judge O’Diam violated the rule regarding the treatment of parties.

The Court’s opinion stated Judge O’Diam had the authority to convene a status conference to ask about the waivers, but the evidence showed that was not the true focus of the inquiry.

“Instead O’Diam berated Buccalo for nearly an hour for what he perceived to be Buccalo’s personal attack against him at an unfriendly public forum, allowed his daughter to continue his line of intemperate interrogation, and then appeared at the commissioners’ meeting the following week to once again accuse Buccalo of publicly disparaging and slandering him and Brittany,” the Court concluded.

In addition to the suspension, the Court ordered Judge O’Diam to pay the costs of the disciplinary proceedings.

2021-0971. Disciplinary Counsel v. O’Diam, Slip Opinion No. 2022-Ohio-1370.

View oral argument video of this case.

A disciplinary case is pending against the daughter. (Mike Frisch)

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