Wednesday, October 31, 2018

Post Hurricane Michael: The Struggle is Real

We are three weeks out from Hurricane Michael and I'm here to tell you, we are not okay.  The region hit hardest by Hurricane Michael is suffering mightily.

The town is crawling with contractors, tree services, roofers, lineman, cable repair crews, phone repair crews, debris haulers, distribution trucks, and the like.  Then there's the regular services like the garbage truck, UPS, FedEx, and your mail carrier.   Last but not least, residents are trying to get to services, supplies, and if they are really lucky, a job.

Every day is a struggle.  Traffic is a nightmare.  Streets are lined with debris.  I am very glad we did not buy a new car recently because guaranteed, the doors will be scratched before this is over.  Battle scars from the great test of our fortitude.

Most people have power, but not all.   Some people have phone service with their cell phone (Verizon you're gonna have to really work hard to make this up to us), but not many have landline service. Most people don't have internet service at home.  This makes it hard to communicate with various entities like your insurance company.

Anyone with children will tell you it is pretty hard to go to work without child care or schools. Most day cares are closed.   Some schools are scheduled to reopen November 5, some the week after. Most of the secondary schools will be attending on a split schedule:  high school from 7 am to noon and middle school from 1 pm to 6 pm.  Nothing's perfect that is for sure but the school district has done a downright heroic job of coordinating the logistics of combining our schools 2 to 1 all over the county.  All our kids will advance and all our kids will graduate.  Will breaks and the end of school be the same? Probably not, but that's just another cost this hurricane has exacted on our community and we are just gonna have to suck it up and pay.  In the end analysis the length of Thanksgiving Break is so far down the list of priorities, I'm not sure it even deserves a ranking.

Restaurants and businesses are slowly coming back. But again, no day care, no employees.  No power, no business.  No phone or internet, no business.  So the progress is slow and for many of us who only eat what we kill, scary.

I could go on, but my point is this:  if you are under the impression that things are back to normal in the Panhandle then you need to check again.  Hit up Facebook and read a few heartfelt posts from the folks who live here.  Things are not back to normal.  Far from it.

Despair has set in. Today I learned that someone I've known for 25 years committed suicide after the hurricane.  He won't be the last, I fear.

If you're reading this and know someone living through this dismal experience, check on them. It takes 10 minutes or less to reach out.  You may catch them at a weak moment and pull them back from the edge we are all only a couple of steps away from lately.

If you're living through this like me, please check on a different friend every day.  The only way we are getting through this is out the other side and personally, I'd rather not lose another person to despair along the way.

Everyone matters. Tomorrow is another day. The sun is going to rise, and we will too.


If you're having a hard time after Hurricane Michael:

Disaster Survivors Help Page

Disaster Distress Helpline | SAMHSA - Substance Abuse and Mental Health Services Administration

If you are in crisis, the national suicide prevention lifeline is open 24/7. Please call, you matter.

National Suicide Prevention Lifeline


Call 1-800-273-8255

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Monday, October 22, 2018

A Post about Hurricane Michael

So, let's get a few things out of the way.  I'm a life long Floridian. My parents are life long Floridians.  My dad (who is 76)  tells a story of coming out of the movies with his father and brothers when he was a little kid in Miami and his father saying "oh no, it's a hurricane!" The first hurricane I remember clearly was Hurricane Eloise.  In my entire life, I've never evacuated. Once we lwent to Disney World because we were worn out with storms that year. Hurricane Opal hit Panama City in 1995.  We stayed in our home in the Cove. My husband's family stayed in the home we live in now. They never even lost power after Opal, and the storm surge never got any where close to our (current) home despite the close proximity to the water.

So we stayed.  Yeah, in hindsight it was stupid to stay.  I don't need you to tell me.  Our kids (16 and 21) are doing a perfectly fine job of that, don't you worry.  Most everyone I know stayed.  My parents.  My brother and his family. My cousin and her family. Most of my staff, my friends, etc.  Everyone I know sincerely believed on Monday and Tuesday morning that we would all be back at work on Thursday afternoon, latest Friday.  No one thought what was forecast as a CAT 3 would be almost a CAT 5 at landfall.  We also thought it would go further east. Many people also thought the big deal with this one was storm surge, which again, was not a concern for us.

We also discounted the weather reports because if you live in Florida, then you don't take the reporting about hurricanes very seriously. The reporters act like Hype Men for the storms.  Every year it starts with the "This could be the most active hurricane season in years!!!!!!!" Right.  It could also be the least active season, you guys can't reliably predict that either way.  But you write the same story every year like clockwork.  If you follow me on Twitter, then you know that this is not a new attitude for me because I mock these articles every year when they inevitably appear in the news cycle.  Then there's the footage of reporters wildly exaggerating conditions. Or even conditions we were experiencing in real time while watching the reporter on TV (because we didn't even lose power or cable) make the biggest most dramatic deal out of what was just a bad rain storm.

None of this is an excuse.  I'm just giving some context to our decision/thought processes.  So, now you know where our heads were at, and also why we stayed which in hindsight was a stupid decision. We were prepared and took precautions both at home and our office, but I was totally unconcerned until the Waffle Houses all closed. By then it was too late to leave. We just had to hunker down, as one does.

So we are 12 days out from Michael.  My home and office have power but my home does not have running water because pipes were busted by falling trees.  My office suffered significant damage from a roof failure, a blown in window and a commercial grade french door which blew out with such force that it bent and twisted the wrought iron decorative railing affixed to the brick in front of it. My home took a hit and there's 3 trees left on my entire street.  Almost everyone I know took at least one tree to their roof, one to their car, and there's not a fence or shed left in Bay County.  We know people whose businesses are just gone.  Or who have been told to tear what's left of their home down and start over. Boats are just gone, shattered to pieces. Intersections and streets I've driven for 47 years are unrecognizable. It is easy to get lost because all the familiar landmarks are gone. What you've seen on the news does not do the situation justice.  It just doesn't.

After a hurricane like Michael, the first 48 hours are devastating.  I don't care how tough, smart and resilient you are, you will not be operating at 100% mentally.  Michael made landfall mid-day Wednesday. That was the longest four hours of my life.  We did not feel right mentally until Sunday and that was partly due to having left Friday and having had a couple of nights of good sleep in the AC, hot showers, and hot food.

Your entire world is transformed.  Your street is impassible without hiking boots and a hand axe.  Your home is unrecognizable. Everything is just trashed.  There's bits of leaves, dirt, and general detritus stuck to everything.  You won't have power, water, and probably no cell phone service. No power and no cell service means no internet.  No calls to family. No ability to find out what is going on, no ability to find out any information about anything.

I cannot stress enough how utterly overwhelming everything is.  Your neighbors' homes will be trashed too.  Someone may even be injured. After the storm, we all drifted outside like survivors climbing out of a bomb shelter.  Our street and neighborhood resembled a post-apocalyptic wasteland.  Words fail me when I try to describe the total devastation.

Add to that heavy concern and worry about your parents, siblings, friends.  Once you go out and see what happened not just to your house but everyone else's then you begin to really worry about your loved ones.

Beginning the next morning, we began seeing search and rescue helicopters, presumably looking for survivors in the bay and canals. That was a sobering sight.  And then the medivac choppers starting flying back and forth over our house and continued for a straight 24 hours, all day and night.  I'll never forget the sound of those choppers flying back and forth all night. We found out later they were moving all the ICU patients from both hospitals.

The next day, you'll start to wonder what in the world can you even do. The scale and scope of work to be done to make your home safe and secure and to even get a car down your street will seem insurmountable.  It might even actually be insurmountable. If you were like us we had almost no contact with the outside world.  The only way in or out of our street was by climbing out.

So what do you do?  You have to sit down and look around and figure out what you can do without injury.  For us, we cleaned up inside as much as possible without electricity or running water. We checked on our neighbors and shared food and water. We tried to cover holes in roofs with tarps where we could safely. My husband removed most of a giant oak tree from our deck with a hand axe and saw because he could do it safely and that tree was crushing us all psychologically. He cut a path through neighbors' yards so that we could drive out.

We had a couple of days' food and water, both drinking and for toilets.  But it was clear that it would be possibly weeks until we would have power so we decided to leave asap.  We needed to get somewhere so that we could use the phone and call our insurance company.  FYI somewhere ended up being Dothan.  That's when we finally had a good signal.  Thanks, Verizon.

In the next few days you'll ride a roller coaster. For every step forward, you'll have a set back and things will swing wildly from bleak to hopeful.  You will also reach a weak moment where you want to just sign everything having to do with your insurance claim and repairs to your home away to someone else to take care of it.

Don't make decisions like that in the first 2 weeks.  You will be fragile mentally. I am not a crier.  I've cried every day, sometimes multiple times a day, since October 10. I've cried for myself, my family, my friends and my community.  Our beautiful home is a wasteland now. It is just heartbreaking.

So what's some good news? When there's no power,  there's no distractions and you get to know your neighbors. We live on a great street.  Some of our neighbors were neighbors since my husband was a kid.  We were friendly with each other, but for the most part not really connected. Fences make good neighbors, right?  Well, we found out after the storm that we have extraordinarily kind and generous people on our street. We all helped each other. We are all changed  for the better by the experience. We may all rebuild our fences (there isn't even one left standing), but they'll just be to keep the dogs in our yards.

After a hurricane like Michael, Facebook is where it is at. I know, I know, but hear me out. Facebook is where you keep up with the people you went to high school with and if you live in your hometown, a lot of those people still do too. It's also where you keep up with friends from college or grad school, or from past places you used to live. And even though their political rants or other posts may annoy or offend your sensibilities, a catastrophic event like Michael will remind you of their humanity, of the basic kindness and decency the vast majority of people carry around in their hearts, no matter how they voted in 2016 or their favorite college football team.

FEMA, the Governor, your CFO, relief organizations, your local governments, your Emergency Management Center, the power company, phone company, cell providers, cable company, garbage company, and community members will all communicate with you and with each other on Facebook.  You'll be able to find out more information more quickly by following the pertinent pages on Facebook than in any other way. Assuming of course, you have a working cell phone that can connect to the internet. I'm looking at you, Verizon.

More importantly, you know what I found on Facebook? All the helpers.

Mister Rogers told this story of his mother:


“When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.”  

There are so many helpers among your friends and community, near and far. Way more than you have ever imagined.  Regular people--maybe even some of the ones you've written off because you don't like their politics--will perform great and extraordinary acts of kindness and mercy after a storm.  Restaurants will empty their freezers and cook all the food and give it away. Churches will be distribution centers for anything and everything.  Someone will tarp your roof because they know how to, and they won't ask for a dime. Neighbors will take in neighbors and the one house with a generator on your street will let everyone use their shower. Next to flushing toilets, you will miss a hot shower more than AC.  Hard to believe, but true. You'll miss AC almost that much, but a hot shower is like nothing else.

You'll receive offers of help from far away as well.  Old coworkers, college friends, family friends, and your family will all reach out to you and offer to help you.  We received so many kind and generous offers from family and friends, and even a few clients in the last 12 days that it is positively humbling.

Helpers, near and far. And more important than the help you receive, seeing those helpers will give you hope, keep you grounded, motivate you to get up and keep plugging away at what you can do for yourself and for others.

That's the really good news: the helpers.

They're everywhere but they sadly get no play in the news because their stories aren't dramatic or scandalous, and they don't help anyone score points for their political side.  Sad, but true.  Go look at the news coverage.  Once it was established that Governor Scott has this situation firmly in hand, FEMA is here, Gulf Power is slaying the game with restoring power, and the LOCAL charities and organizations are taking care of business, interest in our story all but died.

There's midterms next month and I'd hazard a guess that 100% of our polling stations are out of commission. But there's no outrage or media coverage about a huge segment of residents of a state being at risk of being unable to vote. If you're okay with this because you didn't like how the Panhandle voted two years ago, well, that's just about the least American thing I've ever heard.  Shame on you. Seriously. Go repeat 8th grade Civics;  you clearly need a refresher.

The devastation to our area is beyond words.  Please don't think that just because we are taking care of our own and FEMA and state resources are working well to help us, that we do not need more help.  Just because the aftermath hasn't been a scandalous disaster doesn't mean we are not suffering.

We have no day cares.  They're all gone.  People can't go back to work without them.  The schools are closed until November 12, and by then we need daycare centers to be able to come back to full staff. Given the damage to the school buildings, there's no way the kids go back without attending in shifts.  Everyone will advance and everyone will graduate but it is going to be tough.  Just think about the kids taking 3 or 4 AP courses.  Most likely, they're just going to be month behind in preparation and the test dates will not change.

Power is coming back so quickly considering the devastation (God Bless all the Linemen and Gulf Power) but even then some people will not get power until October 24, and non-Gulf Power companies servicing outlying areas are predicting restoration in November. Most businesses suffered damages, so many of them catastrophic.  There are so many people who went to bed October 9th with a job and went to bed October 10th unemployed.  There's no numbers yet but it is safe to assume that hundreds of homes were totally destroyed, without even counting the losses on Mexico Beach which were downright unfathomable.

We are doing for ourselves, but we need more help. Donate, start a food drive, or just call a friend who lives here with a kind and encouraging word.

Be a helper.

Julie



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Wednesday, January 20, 2016

Same Sex Marriage is Legal in all 50 States--Now What? Thoughts on the Practical Effect on the Practice of Law in Florida.

Same sex marriage (SSM) is legal in all 50 states as of June 26, 2015.  Now what?  [If you want to read the landmark decision of the US Supreme Court making SSM legal everywhere in the U.S., here's a link:  Obergefell v. Hodges.]

For Florida practitioners, there are four obvious areas in which the legalization of SSM will have an immediate and practical effect:  family law, estate planning, real property, and personal injury.

1.  Family Law:  where there are marriages, there will also be divorces. Practitioners have been fashioning SSM "divorces" for years through contracts but the remedy was woefully insufficient. The big change here from the parties' perspective is the entitlement to the benefit of the divorce code. The big change coming in family law practice is a revision of pleadings and forms such as prenuptial agreements to refer properly to the spouses in personal pronouns and appellations.  The general consensus developing is that the proper manner to refer to the parties to a SSM are Husband/Husband or Wife/Wife. [Side note; There's about a million other variations on this issue having to do with gender referencing but that is not what this blog post is about and many other more learned and nuanced sources exist on the internet--google it].  The use of the Husband/Husband or Wife/Wife appellations will cause some need for careful drafting though since most programs or forms rely on the Husband/Wife configuration to keep track of each party in a document.  So if your forms are built on that paradigm, you will have to be extra careful when using them to draft documents for a SSM-divorce or prenuptial agreement.

2.  Estate Planning:  Estate planning practitioners have also been writing same sex documents for years. The real change here is not necessarily the forms but the rights and privileges parties to SSM will now be entitled to claim.  For example, the surviving spouse of a SSM will now be entitled to claim pretermitted spouse status, elect to take the spousal share, inherit by intestacy,  be entitled to all of the rights of a surviving spouse with respect to homestead including an election to take the spouse's joint tenant's share in the homestead, be entitled to be Personal Representative in an intestate estate, and be entitled to claim personal property exemptions for personal property, vehicles and other tangibles. The HUGE impact the legalization of SSM will have on estate planning for same sex couples is really not quantifiable.  Check out my website for answers to Frequently Asked Questions about Probate and Estate Planning.

3.  Real Property:  Just as with family law and estate planning, documents will have to be revised; however, most real property practitioners have been writing deeds and other instruments for same sex couples for years.  Here again the HUGE change is the rights and privileges the SSM couple will now be entitled to claim.  First, having the right to own property as tenants by the entireties is a really big deal.  Why?  Because real property held as tenants by the entireties is very special, and immune from all efforts of collection unless the judgment holder has a judgment against both spouses.  This is really the only change for real property that matters (excluding homestead as addressed above).  The big change in practice will be remembering to acknowledge the SSM in our deeds.  Best practice has always been to reference the marital status of both grantor and grantee in every deed (so that a title examiner down the road can exclude homestead and/or tenants by the entireties issues from a transaction).  Now more than ever, this best practice will be paramount since before the homestead and tenants by the entireties was only an issue when the grantor or grantee was a man and a woman. Now any combination of genders could be a married couple so what before was a best practice is now an absolute necessity in my opinion.  I wrote about the history of homestead in Florida here.  Check out my website for answers to Frequently Asked Questions about real estate.

4.  Personal Injury:   Parties to a SSM will now enjoy the same spousal rights in personal injury and wrongful death cases as everyone else. Where before the uninjured partner in a same sex couple was not entitled to sue for loss of consortium, etc, a legally married same sex couple will enjoy these rights.

Many other practice areas will be affected by this epic shift in the landscape and my thoughts above are directed primarily to areas of my practice (1-3 above) in which I anticipate immediate changes.   Please note that I am not interested in a debate about SSM, or anyone's opinion on SSM so please do not bother commenting as I will be very liberal with the delete button. That said, I would love to read comments about the effect of this case on your practice.

Happy Wednesday!

Julie

Isler & Sombathy, P.A.


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Friday, January 15, 2016

I'm Back!

I'm back! To be honest I'm really just posting this to promote a continuing legal education seminar at which I am a speaker.  Probably not the same for everyone, but I was super excited to be asked to speak at this seminar by the National Business Institute.  Not only is it tremendously flattering, but it is very exciting to see legal education companies reaching out to our market.  I never thought I'd see the day when I could get 8 credit hours including 1 hour of Ethics without driving six hours or more! Thank you NBI for coming to Panama City! Also Probate was my first love in the law and remains one of my favorite practice areas.  Click here for more information. The Probate Process From Start to Finish.

In other news, I am working on an overview of the impact of the legalization of same sex marriage on different areas of the law. I expect to have it up in the next few days.  Until then,

Cheers!

Julie
Isler & Sombathy, P.A.


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Friday, March 7, 2014

This is a sign a lawyer lives in your house...

BINDER CLIPS FOR ANYTHING!


Happy Friday.

Julie

www.islersombathy.com

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Thursday, March 6, 2014

Florida Supreme Court Opinion: Undocmented immigrants ineligible for membership in the the Florida Bar

The Florida Supreme Court issued a ruling today in Opinion No. SC11-2568 on the question of whether an otherwise qualified individual who is not a citizen and is not  legally residing in the U.S. is eligible for membership in the Florida Bar.

Short Answer:  No.


Julie





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Wednesday, March 5, 2014

Electronic Filing System and Confidential Information

Since the time there have been courts, there have been court files. And court files often contain very private, sensitive information such as bank account numbers, your social security number, full name, and date of birth. Before the internet, this was not that big of a deal.  In order to access this information, a person had to first know it was in a court file, and then either appear in person or write and request copies of the pleadings or evidence in the file.  In other words, there used to be a paper trail leading back to the person requesting the copies of the pleadings or evidence.  There was no anonymity.  

With the advent of the internet, online court records, online official records and for the state court system in Florida, a unified electronic filing system implemented in 2013, there is almost total anonymity and zero privacy. Luckily the courts have addressed this issue with Florida Rule of Judicial Administration 2.420 which allows a party (or in some cases a non-party) to protect their sensitive information.  Otherwise, anyone with a password and minimal computer skills can access the court files of any Florida court and print copies of anything scanned for that court file. Without getting too specific, the Clerk has some capability to research the history of activity of a username and password such that an unauthorized access can only be caught but only if the true owner of the username and password becomes aware of the misuse fairly quickly.  

In my experience,  there are two situations in which the clerk of court does not scan everything that is filed. First, the clerk does not scan old pleadings in dormant files. This is a matter of manpower.  Whenever we access a file that has not been scanned, we just call and they scan it.  Second, the clerk sometimes does not scan a file as a courtesy to someone involved.  If you call and ask that the file be scanned, they will.  But as long as no one is asking, that file just does not get scanned.  This happens everywhere, not just in the county where I reside.

Rule 2.420 creates categories of certain types of information which may be protected.  To protect your information, you have to file a notice of filing of confidential information which designates the type of information and the location of it in your pleading.  This allows the clerk to redact or not scan portions or all of any pleading (depending on the case) containing the information. Basically, your notice is a road map for the clerks, who locate and redact the confidential information in each pleading prior to making the scanned pleading available online.  So for example, if you are going to trial and intend to introduce bank statements and loan applications as evidence, then you need to do a Notice of Filing Confidential Information. Otherwise, the clerk's office will scan your documents as exhibits, thus making them available to anyone with a user name and password and rendering you very vulnerable to identity theft.

If an opposing party files pleadings or documents containing your private information like bank account numbers, social security number, or date of birth, Rule 2.425 provides a remedy in two ways.  First, the aggrieved party can ask the court to require redaction or sealing of the offending records.  Second, the court can issue sanctions against the filer as Rule 2.425 requires that parties minimize the filing of documents containing sensitive information.

If the quantity and location of the information is so pervasive in the document that redaction would be impractical and burdensome, then I recommend filing a Notice Filing Confidential Information but taking it a step further and asking the court to seal the pleadings.  For example, when proof of my client's damages required admitting into evidence copies of correspondence and proof of payments to the IRS, I asked the court to seal the exhibits rather than attempt to locate and describe each piece of confidential information. The court has the discretion to do this under Florida Rule of Judicial Administration 2.425, but it is a very drastic action and should only be requested in extreme circumstances.


Julie





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