Scott and Fenderson Law Blog

Florida DUI Facts and Information:

DUI Facts and Information:

The discussion presented on this page is informational only, and does not constitute legal advice. Only a qualified attorney can advise you on the law, and this page is not intended to replace the advice of an attorney. Laws vary from state to state, this general information may not apply in every state.

I. Criminally Charged: DUI is a criminal offense and not simply a traffic ticket. Criminal charges will stay on your record for life, unlike traffic tickets which may drop off your record after several years. Therefore you should seek immediate representation by a qualified DUI defense lawyer.

II. Definition of DUI, DWI, or Drunk Driving In most states DUI, DWI, or Drunk Driving is defined as follows:

1. Operating or in actual physical control of a motor vehicle, and
2. Having consumed alcohol or controlled substances, and
3. Your normal faculties are impaired, or
4. Your blood alcohol level is above .08

Note ? laws will vary from state to state and the above definition may not apply in every state. Operating or in actual physical control normally means either driving the vehicle or being behind the wheel with the keys to an operable vehicle, whether of not the motor is running. Normal faculties are your ability to walk, talk, and perform daily activities of life.

III. Implied Consent Many states have implied consent laws which require drivers to submit to sobriety tests. Implied consent laws normally dictate that by driving on the roads within that state, you are consenting to a blood, breath, or urine test to determine alcohol content or the presence of controlled substances. Refusal of such tests usually results in a suspension of your license for up to eighteen months or longer, and in some states a refusal is itself a separate criminal offense.

IV. Administrative Suspension If you refuse a blood, breath, or urine test upon request by law enforcement, your license may be suspended under the implied consent law. In many states you may request a formal or informal hearing before the DMV (division of motor vehicles) to contest the suspension. Failure to act in a timely manner may result in loss of your right to this hearing, and loss of your license. Many states require that you request an administrative review hearing within ten days, therefore it is essential that you contact a DUI Defense Lawyer quickly.

V. Court Proceedings You will have to appear in court to answer to the charges of DUI, DWI, or Drunk Driving. Normally your first appearance is at the time of your arrest, and is called an advisory hearing. You may have bonded out prior to your advisory hearing. The second court appearance is normally called an arraignment, where you must enter a plea of guilty or not guilty. Following the arraignment there may be several pretrial hearings, or dispositional hearings, and finally a trial date. You should have a competent DUI Defense Lawyer with you for each of these court dates.

VI. Evidence in a DUI, DWI, or Drunk Driving Case The evidence in a DUI, DWI, or Drunk Driving Case consists of more than the DUI traffic citation you may have been given. There is normally a lengthy narrative written by law enforcement, a video tape of field sobriety tests, breath test results, certification of the breath testing equipment, supplemental reports by other officers at the scene, accident reports, and other documentation. This evidence should be obtained and reviewed by a competent DUI, DWI, or Drunk Driving defense lawyer for possible weaknesses in the state?s case against you, and possible defenses you could raise. A defense lawyer will file a demand for discovery to obtain copies of the evidence from the state attorneys office and review the evidence prior to your court dates.

VII. Business License and Hardship license The charge of DUI, DWI, or Drunk Driving will normally result in suspension of your drivers license. Some states allow you to obtain a restricted license for business purposes, or to drive for necessary purposes such as to the grocery store. There is normally an application process which may require that you show proof of completing a DUI driving school, or other requirements.

VIII. Driving without a license In most states driving on a suspended or revoked license (DWLSR) is a criminal offense, and will result in your being arrested. Anyone charged with DUI, DWI, or Drunk Driving should NOT drive unless you have obtained a business license, hardship license, or other permit. Some states may not offer a business or hardship license, and some states only allow such a permit on a first offense. Someone charged for the second time may not be able to obtain a permit. The offense of driving on a suspended or revoked license is not a traffic citation, rather it is a criminal charge which can carry substantial penalties.

IX. Options to Resolve a DUI, DWI, or Drunk Driving Charge.

You have the option of pleading guilty or no contest to the charge, or maintaining your innocence and proceeding to trial. At trial, the State Attorney has the burden of proving the elements of the charge. If you choose to plead guilty or no contest, you should retain an attorney to negotiate the best possible sentence for you.

Sometimes it may be possible to have the charges reduced to reckless driving depending upon the laws in your state. The decision to reduce charges is normally up the State Attorney (prosecutor) and will require that your attorney present valid reasons why the charge should be reduced.

If you choose to take the case to trial, you should retain a qualified DUI Defense Lawyer to prepare your defense and present your case.

Florida Family Law Financial Affidavits

Florida Family Law Financial Affidavits

PREPARATION OF THE FINANCIAL AFFIDAVIT

The financial affidavit prepared in connection with a dissolution of marriage case often presents difficult questions. Since the Court will rely heavily on the affidavit in awarding child support, alimony and other monetary relief, careful attention must be devoted to it. It must be signed under oath, which means the penalties for perjury will lie for any knowing false statement.

All of the figures set out in your affidavit should be based on reliable data. In order to convince the Court and opposing counsel of your income, assets, liabilities, expenses and needs, we will have to point to an established financial history to the extent possible. Cancelled checks and receipts present the best evident of past expenses. Thus, during the pendency of the case you should accumulate as many receipt as possible in the interest of presenting a more detailed financial affidavit.

This initial financial affidavit is used primarily for determining temporary alimony, child support, and attorney fees early in the case. This financial affidavit should reflect income and deductions as they are at present. Well before trial, another financial affidavit will be prepared reflecting the increased income taxes expected to be paid by a single person. This affidavit will address questions of income necessary to define permanent relief.

In order to arrive at income figures, look to pay stubs, tax returns, and other records for accurate information. If pay varies by season or for some other reason, determine the gross income for the past six months or year to reach a monthly average. Deductions should be averaged as well.

The affidavit seeks information on a monthly basis. Each month contains 4.3 weeks. Some bills, such as credit cards, usually are paid on a monthly basis and present no problem. Others, life food, are paid on a weekly or occasional basis. Care should be taken to multiply all weekly expenses by 4.3 in order to arrive at a monthly total.

Doubling of expenses must be avoided. For example, if clothes are purchased with a credit card, the same amounts should not be reflected under "affiant's clothing". In that case, the amount set out for your clothing should be nothing if all of those expenses are also incurred under payments to creditors.

Assets and liabilities give rise to somewhat different questions. To some extent, the affidavit requires a determination of which party is entitled to assets or liable for debts. Generally speaking, Florida Law provides that marital assets and liabilities consist of those acquired during the marriage, regardless of whether the asset or liability is titled in one party's name only. For example, a car acquired during the term of the marriage and titled in the name of the husband is a joint asset and, if some amount is owed on it, a joint liability as well. Thus, the affidavit should reflect the fair market value of the car divided equally between husband and wife while any debt  owned on it should be allocated the same way.

Please note any asset or liability which was acquired before the marriage or under circumstances which suggest to your that it is not joint. We should discuss these assets and liabilities in detail to insure that the financial affidavit correctly reflects our legal position.

Please complete a rough draft of the affidavit in pencil. Take as much time as necessary to complete an accurate and detailed financial affidavit. Discuss it with your CPA. This is very important document in your divorce. We must be accurate and complete in its preparation. If you have any questions we can discuss them before the affidavit is prepared in its final form.

Overview of Divorce and Family Law in Florida

Overview of Divorce and Family Law

DISSOLUTION OF MARRIAGE

Dissolution of marriage (divorce) is a traumatic event in any family. This discussion attempts to explain the basic legal concepts which apply to dissolution of marriage..

1. Action for Dissolution:  You or your spouse begin the proceedings by petitioning the court for dissolution. Actually, you will ask the court not only to dissolve the marriage, but to distribute between the two of you the rights and responsibilities you had as a couple. Twenty days after a process server hand delivers a copy of the petition to your spouse, he or she must answer the petition, admitting or denying your allegations about custody and property distribution. Normally, your spouse will retain an attorney; but even if they do not, we will  not represent both of you. Your best interest will be our primary concern.

2. Residency Requirements: Prior to filing the petition for dissolution, you or your spouse must have permanently resided in Florida for at least six months. If you have even temporarily left the State of Florida to establish residency elsewhere, you must reestablish your six months residency in Florida prior to filing any action in the Circuit Court other than a restraining order.

3. Separation: Although you need not be separated while the divorce is pending, you may do so without being charged with desertion.  There is no cause of action in Florida for “abandonment”. There is no "legal separation" in Florida but we can prepare a Marital Settlement Agreement (MSA) which outlines the terms of your separation. A MSA is a contract between the parties and is enforcable under contract law. In the event a divorce is filed, the MSA may later become a “Court Order” by being incorporated by the Court by reference in a final judgment.  The MSA is not filed in the Court unless a divorce is also filed.

4. Grounds for Dissolution: Florida has "no fault" divorce to the extent that you no longer need to prove adultery, mental cruelty, etc. As long as one spouse believes that the marriage is irretrievably broken (i.e., that it cannot be saved), the court will grant the divorce. However, if your have children and believe there is a possibility for reconciliation, the court may order both of your to attend counseling, especially if one party denies that the marriage is irretrievably broken.

5. Extramarital Relationships: Although Florida is a "no fault", adulterous relationships can affect support awards, asset distribution, or custody awards. You must be totally frank with us about your own and your spouse's involvements so that we can assess the possible effect. Furthermore, you should not ask for problems by dating until your marriage is officially dissolved by the court. Some judges still view adultery as a moral fitness issue and can make custody decisions which include your adultery as a basis for their decision.

6. Custody: The public policy of Florida is to order shared parental responsibility of minor children in almost all cases. The court may then decide which parent should provide the primary physical residence. Today, the court accords equal consideration in deciding which parent will provide the primary physical residence, and both parents have a chance at obtaining primary physical residence.  Typically, the non residential  parent will have the opportunity to maintain frequent and continuing contact with the children. Conferring on all major decisions affecting the children after the divorce is a basic principle of shared parental responsibly. If truly extenuating circumstances exist, one parent may be awarded sole parental responsibility, but the other will usually  receive some form of visitation privileges. The term primary parent refers to the parent that has custody of the children, and the term secondary parent refers to the parent that will have visitation with the children. Many people desire what is knows as shared custody or rotating custody. This is an arrangement where the children spend an equal amount of time with each parent and neither parent is designates as primary parent. The Courts will not typically order shared custody unless both parents agree that this arrangement is what they want. If both parents are not in agreement with regard to shared custody, then the Court will choose a primary parent and a secondary parent. It is not possible to litigate (fight for) shared custody if both parents are not in agreement on this issue. 

7. Child Support: The Legislature has established child support guidelines. Each parent then contributes his and her share of the total amount the legislature or the court deems necessary to support a child at your combined incomes. The non-residential parent's support payment shall be deducted from his paycheck by his employer and sent through Central Governmental Depository. The court can require support for a normal, healthy child only until eighteen years of age (or until graduation from High School but not beyond age 19). Child support guideline calculations may include day care expenses and health insurance where appropriate. The net monthly income of the mother and father are the basis for the calculation of child support and not the living expenses of either party. Child support may be reduced in some cases when a minor child spends more time with the non residential parent than what would be considered usual visitation. Child support may also be reduced of the paying spouse is already paying child support for children of another relationship by court order and is current in such child support payments. The Court will order both parents  to attend a course entitled "Divorce: A Child's View" to help both parties cope with custody and visitation issues now that they are separated and about to be divorced. This course must be completed by both parties prior to the final hearing or a divorce will not be granted.

8. Marital Assets: In general, all assets and liabilities acquired during the marriage are considered marital property and subject to division by the Court. As a general rule the Court is obligated to make an equal division of assets and debts between the parties. Florida recognizes non marital assets and debts as those assets or debts that either party may have had prior to the marriage and which were kept separate during the marriage. Inheritance received by either party and which is kept separate may also be considered non marital property, and not subject to division by the Court.

9. Equitable Distribution:  The court will distribute the marital assets and debts to the spouses in shares which the court finds fair under all the circumstances.

10. Permanent Alimony: A spouse who has lost the capacity for self support
during a long marriage may receive alimony until he or she remarries or the other spouse dies. The paying spouse must have the ability to make these payments. The award of alimony is based upon three criteria (1) length of marriage (2) needs of the spouse asking for alimony and (3) ability of the other spouse to pay alimony.

11. Rehabilitative Alimony: A spouse whose earning ability has diminished during the marriage, but who has the potential for self-support, may receive alimony for a designated period of time in order to become re-established in the work force. This is some times also referred to as “bridge the gap alimony”.

12. Lump Sum Alimony: Lump sum alimony is  can be used to even up the property
distribution, give one spouse an extra share, or provide for support. The court may award a lump sum distribution when the paying spouse is unlikely to pay or does not have the ability to pay but there are significant marital assets.

13. Change of Name: A woman may ask the court to restore her former name to her in the petition for dissolution of marriage. You should notify us of your desire before we file the initial pleading.

14. Attorney's Fees and Cost: The Court may award attorneys fees to be paid by the party with a greater ability to pay. Fees are not awarded based upon who won, as there are no winners in divorce and the process is supposed to be equitable. Even though your spouse may have superior financial ability and may be ordered to pay all or part of your attorney's fees and the cost of litigation (filing fees, court reporters, copies, etc.), we require that you pay a retainer fee up front for your dissolution or family law matter. If the Court awards fees, then you may be reimbursed by your spouse for your fees and costs. Fees will vary depending on the hours expended by the attorney on your case. The attorney will provide you with an initial estimate of fees and costs on your case based upon his experience in handling similar cases. An uncontested case  will result significantly lower fees. Florida is a no fault state and the divorce cannot be contested, if either party wants a divorce. The issues such as custody, visitation and equitable distribution of assets and debts and alimony are usually contested and give rise to litigation fees.

15. Final Judgment: Eventually the court will dissolve the marriage, award custody, apportion the assets and liabilities, and provide for payment of support. If an agreement is reached prior to the final hearing either through negotiations or as a result of a mediation, the court will adopt your agreement and issue a final judgment incorporating the agreement. If no agreement  the court will conduct a non-jury trial, where testimony evidence are presented and the court will then rule upon the contested  issues in your case.  A non-jury trial is the last resort in a dissolution case and usually adds significantly to the fees and costs of the representation. The best way to reduce legal fees and costs is to reach a settlement either through negotiation or through mediation.

16. Discovery: No attorney can properly advise you as to settlement offers or the
probable outcome in court without uncovering the total picture. This is primarily done by requesting  documents (discovery) from your spouse and possibly following up with questions at a deposition. Your spouse's attorney will require the same from you. Florida law requires both parties to fill out a financial affidavit under oath and to provide certain minimum discovery.

17. Temporary Relief: If your spouse has been physically abusive to you or the children, threatens to hide or dissipate assets, or refuses to give you reasonable support, the court may enter a temporary order designed to alleviate these problems until a final judgment can be entered; however, you must testify as a hearing before the judge will determine your need for temporary relief.

18. Duration of Proceedings: Many factors, such as amount of discovery required and you and your spouse's willingness to cooperate with discovery request affect the time needed to obtain a final judgement. As such, the duration of the proceedings may take as little as three months or more than one year. An average contested divorce takes approximately six to twelve months.

19. Our Professional Services:  We utilize our knowledge, experience, and research skills to obtain the best possible result for you. One service we cannot provide, however, is to go back and rewrite your life and marriage. We are restricted by the facts you bring us. We are also not psychologists, so if your emotional problems exceed our expertise, we will recommend a counselor. Neither are we tax experts or accountants. If your financial picture is complex, you may need to retain one of these experts to work on your case too. Outside the circle of the professionals, every confidence you disclose to us will not be repeated without your permission.

20. General Suggestions: Divorces are as unique as the marriages that crated them. Do not expect the same outcome a friend had in court. Also, do not allow your emotions to rule your head. Not standing up for yourself now will cause you to be very resentful later. On the other hand, don't use the proceedings as a instrument of revenge for a long list of marital ills. This approach may provide short term satisfaction, but may blind you to long term gains. This is especially true regarding your children. Cooperating with each other for the children's welfare, and not poisoning them against your spouse, is a must if your children are to service this ordeal.

YOU AND YOUR TRIAL IN FAMILY COURT IN FLORIDA

YOU AND YOUR TRIAL IN FAMILY COURT

Preparation is a crucial factor for an effective presentation of your case a trial. This includes your being familiar with what to wear, how to act, and what will be expected of you during your testimony. We have prepared this information to help put you at ease in these areas. Please read the contents carefully and follow up with any questions you have so that your preparation will be thorough.

YOUR TRIAL

Typically, at the outset of your trial, each lawyer will give his or her "opening statement," outlining the most important aspects of the case and previewing testimony and documents he or she expects to be present to the judge. Your attorney is not permitted to argue for or against your position in the opening statement. Rather, he or she is attempting to give the judge a "road map" to follow during the trial.

After the "opening statements," the petitioner's case is presented with witnesses and evidence to support the position he will take in the final argument. This evidence includes testimony from either or both of the parties, medical and psychological witnesses, CPA's and business evaluation experts, and custody witnesses. Generally, your witnesses tell your side of the story by answering questions posed by your attorney. They are then cross examined by the other party's attorney. In addition, the court may ask direct questions of any witness. At the conclusion of the petitioner's case, the respondent's attorney presents his case, going through the same process of direct examination and cross examination. When the respondent's attorney concludes his case, the petitioner's attorney has one more opportunity to present witnesses or other evidence to rebut evidence presented by the respondent. The judge listens to all evidence presented by both sides so that he or she can render a fair and impartial judgment.

During the trial, the judge also has the responsibility of deciding procedural and legal matters which affect the conduct of your trail. For example, your attorney may object to a statement made by a witness for the other side on the grounds that it is not admissible under the rules of evidence or procedure. By ruling the evidence admissible or inadmissible, the judge is not deciding whether he believes or does not believe the evidence, he is simply deciding whether the other party has the right to present that particular type of evidence to the court. After he hears all the evidence, the judge will decide on how much credibility he attributes to the testimony.

After both sides have presented their evidence, the attorneys present closing arguments. Both attorney's attempt to convince the judge that his or her interpretation of the evidence is the correct one and that his or her client is entitled to the distribution of property or custody arrangement being sought.

After the closing arguments conclude, the judge will make orders relative of the case. For instance, in a dissolution proceeding, he will distribute the assets and liabilities between the parties; announce responsibilities regarding the minor children, and determine whether one party should contribute to the other's attorney's fees.
Usually, the decision made by the judge is a final resolution of this particular dispute between the parties; however, the losing party can appeal the judgment to a higher court if the trial judge made an error in applying the law to the facts or made a truly unreasonable order.

YOUR COURT APPEARANCE AND DEMEANOR

Even a judge, who has a great deal of experience in a courtroom setting, derives the basis of his opinion more from what he observes in the courtroom than from what he hears. He or she cannot help but form an impression of the parties themselves. Therefore, your appearance and demeanor is of utmost importance. Study and remember the following checklist:

1. Dress appropriately. You should dress conservatively. Men should wear a coat  and tie, while a woman should wear a basic, simple dress or suit. Both must avoid loud or flashy clothing and limit the amount of jewelry worn.

2. Be prompt and punctual in arriving at court. Your attorney will tell you when and where you should be on the day of trial.

3. Do not discuss your case. Do not talk to the witnesses or the other party when  you are in the courtroom. You should not talk to your attorney during testimony. You may keep a list of really important points for your attorney to review before the testimony is concluded.

4. Pay attention to all of the witnesses. If you are not interested, the judge
certainly will not be interested.

5. Be polite and control your emotions. Do not allow the other side to make you   "lose your cool." The judge will not react favorably to rude, sarcastic, and highly emotional behavior.

6. During recesses or lunch breaks, avoid all contact with participants in the trial,  other than your attorney.

YOUR TESTIMONY

Your testimony is the single, most important aspect of the trial. This checklist, along with a pre-trial conference with your attorney going over your testimony, will assist you in making your best impression.

1. Listen carefully to each question. Understand each question before you answer.  Take your time. If necessary, ask that the question be repeated. If you do not understand the question, simply say so.

2. Tell the truth. In a lawsuit, as in all other matters, honesty is the best policy. Being caught in even an insignificant lie can effect your case significantly. Additionally, telling the truth means more than refraining from telling a deliberate falsehood. Telling the truth requires you to testify accurately about your personal knowledge.

3. Don't guess.  If you don't know the answer, say you don't know.

4. Speak up clearly and distinctly. Do not talk to fast. The judge and the court reporter must be able to hear and understand what you are saying. Look a the judge and give an audible answer to the questions. Do not nod your head yes or no. The judge may have looked down and the court reporter will not be able to transcribe your answer.

5. Answer the question and then quit talking. Do not volunteer information.

6. Keep your answers clear and simple.  Give brief and concise answers in a positive fashion. Do not begin to ramble.

7. Beware of questions asking for figures.  If you make an estimate, make certain  the judge understands that this is not a precise figure, but only an estimate.

8. Do not memorize a story. Testify in your own words, answering the questions  as they are asked.

9. If one of the attorney's makes an objection, wait.  Do not answer the question  until the judge has ruled on the objection and you have been asked to continue.

10. Do not let the other attorney put words in your mouth. The other attorney will  say, "Isn't it true that..." If what he says is not true or part of what he says is not true, do not agree. Insist on your version of the story.

11. Be courteous. Being courteous is one of the easiest ways to make a good  impression on the judge. Answer "Yes, Sir or Ma'am," and No, Sir or Ma'am" to the attorneys, stand when the judge enters the room, and address the judge as "Your Honor."
12. Never lose your temper or argue. The other attorney may try to walk you into  this trap, hoping you will blurt out something that can be used against you.

13. Avoid making jokes and sarcastic remarks. A lawsuit is a serious matter.

14. ALWAYS MAKE DIRECT EYE CONTACT! WHEN YOU ARE ANSWERING  A QUESTION, MAKE SURE THAT YOU ARE LOOKING DIRECTLY INTO THE EYES OF THE PERSON WHOM ASKED THE QUESTION, OR LOOK DIRECTLY AT THE JURY WHEN RESPONDING. (SHIFTING EYES AND STARRING DOWNWARD PORTRAYS YOUR ANSWER NOT TO BE TRUTHFUL.) DIRECT EYE CONTACT PORTRAYS YOUR CONFIDENCE IN YOUR ANSWER AND THAT YOU ARE BEING STRAIGHT FORWARD AND HONEST WITH YOUR RESPONSE.

15. In summation. Show respect for the judge, the attorneys, the witnesses, and  yourself.

FLORIDA STATUTE ON CUSTODY AND SUPPORT OF CHILDREN

Selected Family Law Statutes

FLORIDA STATUTE ON CUSTODY AND SUPPORT OF CHILDREN

61.052 Dissolution of Marriage

During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the primary residence, custody, rotating custody, visitation, support, maintenance, and education of the minor child of the marriage; attorney's fees; and the preservation of the property of the parties.

61.121 Rotating Custody

The court may order rotating custody if the court finds that rotating custody will be in the best interest of the child.

61.13 Custody and support of children; visitation rights; power of court in making orders.

(1) (a) In a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s. 61.30. The court initially entering an order requiring one or both parents to make child support payments shall have continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payment when the modification is found necessary by the court in the best interest of the child, when the child reaches majority, or when there is a substantial change in the circumstances of the parties. The court initially entering a child support order shall also have continuing jurisdiction to require the obligee to report to the court on terms prescribed by the court regarding the disposition of the child support payments.

(b) Each order for child support shall contain a provision for health insurance of the minor child when the insurance is reasonably available. Insurance is reasonably available if either the obligor or the obligee has access at a reasonable rate to group insurance. The court may require the obligor either to provide health insurance coverage or to reimburse the obligee for the cost of heath insurance coverage for the minor child when coverage is provided by the obligee. In either event, the court shall apportion the cost of coverage to both parties by adding the cost to the basic obligation determined pursuant to s.61.30(6).

(c) To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.

2(a)  The court shall have jurisdiction to determine custody, notwithstanding that the child is not physically present in the state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from the state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid a determination or modification of custody.

(2) (b) The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childbearing. Considering all relevant facts, the father of the child shall be given the same consideration as the mother in determine the primary residence of a child irrespective of the age or sex of the child.

2. The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. The court shall consider evidence of spousal or child abuse as evidence of detriment to the child. The court shall consider evidence that a parent has been convicted of a felony of the second degree or higher involving domestic violence as defined in s.741.28 and chapter 7745, as a rebuttable presumption of detriment to the child. If the presumption is not rebutted, shared parental responsibility, including visitation, residence of the child, and decisions made regarding the child, shall not be granted to the convicted parent. However, the convicted parent shall not be relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for visitation as will best protect the child or abused spouse from further harm.

A. In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical and dental care, and any other responsibilities which the court finds unique to a particular family.

b. The court shall order "sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of" the minor child.

c. The court may award the grandparents visitation rights of a minor child if it is in the child's best interest. Grandparents shall have legal standing to seek judicial enforcement of such an award. Nothing in this section shall require that grandparents be made parties or given notice of dissolution pleadings or proceedings, nor shall grandparents have legal standing as "contestants as defined in s. 61.1306. No court shall order that a child be kept within the state or jurisdiction of the court solely of the purpose of permitting visitation by the grandparents.

d. No presumption shall arise in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent. In making a determination as to shelter the primary residential parent may relocate with a child, the court must consider the following factors:
(1) Whether the move would be likely to improve the general quality of life for both the residential parent and the child; (2) The extent to which visitation rights have been allowed and exercised; (3) Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements; (4) Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent; (5) Whether the cost of transportation is financially affordable by one or both parties; (6) Whether the move is in the best interest of the child.

3. Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because such parent is not the child's primary residential parent.

(3) For purposes of shared parental responsibility and primary resident, the best interests of the child shall include an evaluation of all factors affecting the welfare and interest of the child, including, but not limited to:

(a) The parent who is more likely to allow the child frequent and continuing contact with the non-residential parent.

(b) The love, affection, and other emotional ties existing between the parents of the child.

(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Any other fact considered by the court to be relevant.

(4) (a) When a noncustodial parent who is ordered to pay child support or alimony and who is award visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

(b) When a custodial parent refused to honor a noncustodial parent's visitation rights, then noncustodial parent shall not fail to pay any ordered child support or alimony.

(c) When a custodial parent refused to honor a noncustodial parent's or grandparent's visitation rights without proper cause, the court shall, after calculating the amount of visitation improperly denied, award the noncustodial parent or grandparent a sufficient amount of extra visitation to compensate the non custodial parent or grandparent which visitation shall be ordered taken as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the person deprived of visitation. In ordering any made-up visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child or children and that is convenient for the noncustodial parent or grandparent. In addition, the court:

1. May order the custodial parent to pay reasonable court costs and attorney's fees incurred by the non custodial parent or grandparent to enforce their visitation rights or make up improperly denied visitation;

2. May order the custodial parent to attend the patenting course approved by the judicial circuit;

3. May order the custodial parent to do community service if the order will not interfere with the welfare of the child;

4. May order the custodial parent to have the financial burden of promoting frequent and continuing contact when the custodial parent and child reside further than 60 miles from the noncustodial parent;

5. May award the custody, rotating custody, or primary residence to the noncustodial parent, upon the request of the noncustodial parent, if the award is in the best interests of the child; or

6. May impose any other reasonable sanction as a result of noncompliance.

(8) If the court orders that parental responsibility, including visitation, be shared by both parents, the court may not deny the noncustodial parent overnight contact and access or visitation with the child solely because of the age or sex of the child.

61.08 Alimony

In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payment or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) All sources of income available to either party.

The court may consider any other factor necessary to do equity and justice between the parties.

(3) To the extent necessary to protect an award of alimony, the court may order any  party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

61.075 Equitable distribution of marital assets and liabilities.

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b)The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets to be paid in full or in installments the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor's estate to the obligee or the obligee's estate, unless otherwise agreed to by the parties.
(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and file, and distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:
a) Clear identification of nonmarital assets and ownership interest;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d)_ Any other finds necessary to advise the parties or the reviewing court of the trial court's rationale for the distribution of marital assets and allocation of liabilities.
(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.
(5) As used in the section:
(a) "Marital assets and liabilities" include:
1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;
2. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;
3. Interspousal gifts during the marriage;
4. All vested and nonvested benefits, rights and funds accrued during the  marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs.; and
5. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for special equity.
(b) "Nonmarital assets and liabilities" include:
1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;
3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or replied upon by the parties as a marital asset; and
4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of assets acquired and liabilities incurred in exchange for such assets and liabilities.

(6) The cut-off date for determine assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. The date for determine value of assets and the amount of liabilities identified or classified as marital is such date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge's discretion, the circumstances require.

(7) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the conveyance, transfer, or hypothecation of a spouse's individual property; affect the laws of descent and distribution; or establish community property in this state.

(8) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.

(9) To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable division of marital assets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed period of time.

61.076 Distribution of retirement plans upon dissolution of marriage.

(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

Family Law Depositions

YOUR DEPOSITION IN FAMILY LAW CASES

In any family law case a deposition of you will most likely be taken. Therefore, to help put you at ease and at the same time inform you, we want you to read the following carefully so that you will have a clear understanding of what to expect. You will, of course, have an opportunity to discuss any of these matters with your attorney and to ask us specific questions about your case. This is merely a guide that applies generally to all cases.

WHAT IS A DEPOSITION?

A deposition is merely a series of questions which the opposing attorney will ask of you and the answers which you will give to him. You an  attorney from this firm will probably go to the office of the other attorney or to the Court Reporter's office and answer this series of questions in front of a court reporter. You will be placed under oath by the court reporter and your attorney will be present throughout the entire procedure. This will not take place in a courtroom and neither a judge nor a jury will be present.

Whatever you say will be transcribed by the court reporter and filed in your case. We will receive a copy of the questions and answers and these will be available for your to read at a later date. The opposing attorney will also receive a copy of these questions and answers at the time of the trial. If anything is different, he will be able to confront you with your prior testimony.

The procedure is very informal, and although it is important, there is nothing about which you should be nervous. There is no way of telling how long the deposition will last since this depends on how complicated your case might be. Generally, however, it will last for at least one hour.

The opposing attorney is interested in finding out many things about you and the facts of your case. You should make a complete, honest and frank disclosure of anything you are asked, but do not volunteer any information you are not asked. Every question should be answered without any unnecessary explanations and as briefly as possible. Simple "Yes, Sir" and "No, ma'am" answers are preferred. When the opposing attorney has finished asking his questions your attorney has the opportunity to add anything we feel might need explaining. Leave it to our judgement as to what needs enlarging or explaining rather than trying to convince the opposing attorney that you know everything about your case. If the deposition goes along the usual course, your attorney will not ask you any questions at the end of the deposition. You should adopt the attitude during your testimony that you are telling the absolute truth and not feel that an explanation is needed in order for anyone to believe your testimony. Merely state a truthful answer and do not try to convince anyone as to why it may be a logical answer.

PERSONAL APPEARANCE AND CONDUCT:

One of the things that the opposing attorney will discover during the deposition concerns your personality and appearance. Your dress and appearance should be neat, clean and conservative in style. We want you to be extremely polite during the deposition and treat the other attorney with respect and courtesy, regardless of the opposing attorney's attitude or treatment. however, do not hesitate to disagree and remain firm in your version of things, even if the attorney on the other side is suggesting a different version to you or because he may repeat a question.

TYPES OF QUESTIONS:

Make absolutely sure that a question is completely finished before your give your answer. Take all of the time that is necessary to completely understand the questions before you give your answer. Don't ever be embarrassed to say that you do not understand a questions and/or a particular word in q question. Also be careful that you do not say "yes" or "no" to a double-barreled questions which may contain two different questions. Do not try to guess whether or not an answer will help or hurt your lawsuit. Tell the truth as best your can and leave it to others to judge the result.

PRIOR PERSONAL LIFE: 

You may be asked if you have ever been convicted of a crime and about your personal life in general. None of us have lived a perfect life and if you have any skeletons in you close, please make sure you discuss it with us before the deposition. All criminal records and other sources are automatically investigated to double-check your testimony. Any other matters concerning prior divorces or personal problems should be discussed with your attorney because you will be required to give answers in this regard. Anything that you say to your attorney is absolutely confidential and privileged and we cannot and will not repeat it. We must know the full picture, however, so that we can adequately represent you.

BE BRIEF:

You will be asked in great detail about different facets of your marriage. A general question might be asked of you, and in response to this, you should give an answer that is truthful but brief. Remember that you are under oath and every word you say will become part of the permanent file which can be used either for you or against you. Therefore, if you can tell your story in fewer words, there will be less trouble. Never forget that if you truly do not know the answer to a question, the only truthful answer is, "i don't know".

PSYCHOLOGIST AND PSYCHIATRIST:

You may be asked about mental health counselors. It is not necessary that you remember the date of every visit or the amount of every bill. Usually, the doctor tells the patient very little about the diagnosis and even less about what the future holds. Tell what you know of your own knowledge, but do not guess about opinions of your doctors. You will be asked what you condition is today and what your complaints are. Do not downplay or minimize this aspect of your case. Be honest.

In summary, the following are the rules which you should observe:

1. Tell the truth.

2. Do not lose your temper.

3. Do not be afraid of the lawyers.

4. Speak slowly and clearly.

5. If you do not understand the question, ask that it be explained.

6. Answer the question directly, giving concise answers to question, and STOP TALKING.

7. NEVER VOLUNTEER any information. Wait until the questions are asked, answer it and stop. If you can answer, "Yes, sir" or "No sir", do so, and STOP.

8. Stick to the facts and testify to only that which you personally know.

9. Do not exaggerate.

10. Testify only to "basic facts" and do not attempt to give opinions or estimates unless you have good reason for knowing such matters.

11. If you do not know, admit it. Some witnesses think they should have an answer for every question asked. You cannot know all of the facts and you do yourself a disservice if you attempt to testify to facts with which you are no acquainted. It is IMPERATIVE that you be HONEST and STRAIGHT-FORWARD in your testimony.

12. Do not try to memorize your testimony. Justice requires only that a witness tell his story to the best of his ability.

13. You must tell the truth on these depositions. You cannot change your testimony later.

14. It is not our purpose to give the opposing party any more information than we have to. This is no time to convince the other sided of the value of your case. We will do that at another time. Therefore, only answer the questions asked and answer them with as few words as possible.

15. Do not answer the question unless you have heard it and clearly understand it.

16. Do not guess or speculate, If there is something you do not know, admit that you do not know. it.

17. If you need a break to talk to your lawyer, or for any other reason, tell your lawyer and a break will be taken.

18. Many of the questions you will be asked will not be admissible at the trial but the opposition is entitled to an answer in order to help them prepare their case. Many cases are lost because the spouse/witness tried to hide something. Tell the whole truth on these depositions. Many of the questions cannot be used in the trial unless you have not told the truth, and then your false answers can be shown at the trial and could hurt your case.

19. If we object to a question, stoop talking and we will instruct you after we object to either answer the question or not answer it.

20. After the depositions are over, do not discuss anything in the presence of the opposing lawyers or the reporter. Anything you say may then reopen the deposition. If you want to discuss something after the deposition, wait until you and your lawyer are alone.

REMEMBER, perhaps the most important aspect of your lawsuit is YOU and the appearance you make. If you give the appearance of earnestness, fairness and honesty, and if in giving your discovery deposition you keep in mind the suggestions made herein, you will be taking a great stride toward successful and satisfactory completion of the litigation in which you are involved. What you do at the deposition can help you or hurt you depending on your attitude, truthfulness and appearance.

We hope this information will orient you briefly to the legal procedures of the deposition and thereby put you at ease as much as possible. Your attorney will personally review with you all of these and other matters of your particular case prior to the deposition date.

Very truly yours, 

Charles Scott, Esq.

email: itslegal@aol.com

Going Green as a Law Office

When I was attending Stetson University College of Law I remember one of my professors used to say "Paper's cheap and time is short!"  He said it a lot so it has kind of stayed with me over the years.  He encouraged us to only write on one side of the page in our notebooks and to basically use as much paper as possible.  There was also a joke in lawschool about the longer exam essay you wrote, the better grade you'd get.  Needless to say, law school didn't do a lot to encourage us to conserve paper.

But as time goes on, I find these sentiments staying with me. In an age of global warming and depleted rain forrests, I feel like as a lawyer, I do need to try to conserve paper if and when I can.  Some of the things we've done include:

1.  Going paperless - most of our files are on the computer now.  We use a case management software program called Client Profiles and it is a completely awesome system.  Technology continues to amaze me and what we are doing now - we couldn't even dream of when I became a lawyer just 13 years ago, its truly awesome.  Our office has a server and a back up server so that we have less chance of losing our system.  This means less paper and it also means that in the event of a major hurricane we can keep working - even remotely from another state - so that even if our whole office building was wiped out we'd have all of our files in the system which I could access by using a program called gotomypc or pcanywhere.  So going paperless has not only meant less paper for us, it also means we're more prepared for a natural disaster. 

2. We use recycled paper when we can and we reuse paper when we can.  This is sometimes difficult since we have to keep all of our client's information confidential and safe so we have to balance our desire to be "green" with out obligation to protect our client's confidentiality and privacy (the client's confidentiality and privacy has to win this fight every time).

3. I use electronic communication when I can - inter-office phoneslips and internet emails.  I feel for the most part these communications are safe, however, if something is particularly sensitive I will still opt for regular mail or a phone call or meeting.  But a lot of times using email is a quick and easy way to communicate.  I've even been able to represent clients all over the state of Florida thanks in large part to the internet.

We are continuing to become "Green."  I think it is a process and every little bit helps. 

As a side note, my father, Bob Fenderson, was a tree farmer in Maine.  He was even awarded the "Outstanding Tree Farmer Award" in 1994 from the Maine Tree Farm Program.  I grew up in a house where we recycled everything - from cans to paper; we had a compost pile; and we grew trees.   Hopefully that will counterbalance all the paper we use here in the office. 

If you have any tips about how we can become a "greener" office, I would love to hear from you.

Link for DUI Ignition Interlock Information

Go HERE for DUI Ignition Interlock Information.

Scott & Fenderson's Office in Seminole

Here are some pictures of our satillite office in Seminole, Florida (remember our phone number is the same: 727-321-0099):

Allstate Claims

Scott & Fenderson only represents the victims of auto accidents - we never represent the insurance companies, but we do like to know what they're up to.  Here is a link to a recent article about Allstate and their claims process, and below are some highlights:

"In 2007, Allstate generated $27 billion in property casualty premiums and $3 billion in underwriting income. So here to tell us more about Allstate's prospect is George Ruebenson:"

"What about claims? One of the reasons that I want to talk a little bit more about claims is that economically, as you know, 70%, 75% of all the money spent by an insurance company is spent by their claim organization, and fundamentally what a claim organization does is they set the price. Regulated industry, if you do a better job, your prices can be lower. The other thing is, is some of this is self-serving.   Before I got this job, I was in charge of our claim operation for six years, but I'll go back ten years to claim core process redesign. Some of the infamous McKenzie documents that you've been reading about that people want to see and talk about how we changed the claims settlement process. We started doing segmentation, better consistency throughout the country, but if you look again at any Fast Track data, our severity rate of increase has been better than the industry, all lines, all coverages." ... "So what we're looking for is an improvement to loss cost management, expense of running the operation, and at the same time, enhancing the customer experience. I think there's a lot of value in this. I think we mentioned that over the last year, this year, and next year, about $100 million incremental to the claim operation, but that our claim expense ratio would not deteriorate during that period, and that after it is fully implemented, we expect to see even additional improvements in the claim expense ratio, which by the way, is now lower than many of our competitors already."

And here's a bit from the Q&A portion:

"Q: What is the current trend in bodily-- I guess what are the biggest components of bodily injury severity and what are the current trends (inaudible)?  GEORGE RUEBENSON: Right, we mentioned the bodily injury trends in the last couple analyst calls, and I know Progressive just talked a lot about it, and they said they were looking at like a 7% inflation in bodily injury. Let me quickly go through medical inflation. Clinical inflation is probably 25% to 30% medical costs, 25% to 30% of a bodily injury claim. There's a lot of other things like lost wages, the infamous specials, pain and suffering, legal fees, that kind of stuff. Now, we are seeing a rapid escalation in medical costs. We're seeing emergency rooms providing all kinds of tests that they didn't used to do. So we do have that as an underlying pressure. On the other hand, bodily injury is about 25% of the overall cost of an auto product. Property damage collision is about another 60%. Comprehensive and some of the things is the rest of it. So you are seeing medical inflation as a percentage of bodily injury, which is causing an issue. We have mentioned, we have already reported that we were looking at a 6%, 7%, 9% increase in our paid costs in the last three quarters. I mentioned in the analyst call that the fourth quarter was somewhat distorted by a few really large ones, but we're still running at a 6% or 7%.  So I think that there's some reasons for it, but I also think based on our ability in claims that we're going to be able to control it. What we're looking at is low to mid single digits."

"GEORGE RUEBENSON: Yes, it probably started more at the end of '06. We started to see it more prevalently in '07. I'm not saying these are unnecessary costs. I didn't go to medical school. I can't comment on that, but the underlying pressure is there.  And so what we're trying to do is make sure that the costs are reasonable and customary, but the real thing in claims it to make sure that you maintain contact with an injured party early on. And we have contact rules, so if somebody's injured, we have to talk to them in 24 hours. Not call them, leave them a message, talk to them. And the idea is, is that if you can establish rapport with the claimants, because bodily injury are all claimants, they're not customers, with a claimant, than the chances of them becoming represented by an attorney drops considerably.  That was the genesis, the basis, really, of the first part of claim core process redesign that we started in 1994, 1995 and we're still refining that process. So I think that there is some upward pressure and I think it's going to stay with us for a while, but I don't think that it's a big spike, that it's going to cause us to have to take rapid increases in price. I don't think so."