Is It Time for a Lawyer

Louisville attorney George S. Lamb will discuss legal topics to help you understand if it's time to contact a lawyer for your situation. Each episode will focus on specific topics to educate and inform listeners. Principal office address: 4310 Robards Ln., Louisville, KY 40218 This is an Advertisement.

Divorce Planning 10/29/2024

Divorce Planning Episode 3: In today’s episode, George discusses the concept of divorce planning. If you have the time to begin thinking through specific issues, you’ll be much better prepared. Obviously, depending upon the circumstances, this isn’t always possible. However, this discussion might highlight a few issues you should consider. George is a family law attorney primarily practicing in Jefferson County and the surrounding counties. What’s Your Scenario? Generally, there are 3 scenarios leading up to a divorce petition: 1) You’re getting ready to file, 2) Your spouse has already filed, or 3) Both of you realize it’s not working out. The issues involved would still be the same. George often asks about the catalyst for the decision. Has the couple exhausted the other options such as counseling or therapy? These are personal decisions, because in Kentucky it only takes one person to file for a divorce. He advises that you should consider the emotional impact of the decision. How is it going to impact you and/or your spouse? There’s balance to the decision. Then, there’s the consideration of how it’s going to affect others including your children and extended family members. When Is It Time for a Lawyer? It depends on a couple of factors. If you know this is where it’s going, it’s better to engage an attorney as early as possible in the process. If you were surprised by your spouse’s decision, they probably already have an attorney and you should move quickly to retain counsel. You’re going to need someone to advocate on your behalf and to guide you through the process, itself. Can We Have the Same Lawyer? In George’s opinion, this doesn’t usually work. Normally, the attorney would only represent one party. The other party may decide not to hire an attorney, but that’s not very common. Divorce is an adversarial process, so George has a duty to represent his client. Even if the divorce is uncontested, George would still only represent one person. Ideally, the couple would agree on as many of the details as possible, but those informal agreements don’t always remain intact, as the divorce process moves forward. Unfortunately, individuals may not fully understand their legal rights or legal responsibilities while making those agreements. It’s true that having a framework is a good idea, but you should expect your attorney to guide you through the divorce process. What Do We Do about the Kids? This is a common question George hears during the divorce planning stage. He usually responds, “You handle them delicately.” It’s important to effectively manage what the information the kids get, what they see, what they hear, etc. The information or answers to questions should be age-appropriate. Take into account the relationship dynamic each child has with his/her siblings and each of the parents. As best as possible, you should shield them from the reality of what’s happening. George advises that while you do have a responsibility to be honest with your child/children, you should strive to be age-appropriate in your conversations with them. They are caught in the middle, but they don’t have to know every detail. There are adult matters and kid matters. Be judicious in an effort to protect them. Dealing with Finances You need to begin thinking about the financial impact. Begin with food and shelter. While you were together, there may have been two incomes. Going forward, you have only your income. How are you going to make that work? What might you need to make it work if the incomes are significantly different? The value of engaging in divorce planning with your attorney is that he/she can help you to set realistic expectations, based on the law. You need to begin working through the issues, because in all reality, you may not get everything you want. There’s a balance that needs to be struck. George explains it’s important to look at your assets and liabilities from a macro-level. Is real estate involved? How much money is in the bank accounts? Are there retirement accounts? What debts do you and your spouse currently have? Do specific assets or liabilities belong to entirely to one individual (i.e. non-marital)? Now consider child support. How much will most-likely be paid and by whom? Will there be maintenance (“alimony”) paid and by whom? You need to begin gathering financial documentation. Are you the person in the marriage who handles the checkbook? It may be easier for you to get an accurate read on the current bills and balances. Do you know where the accounts are and do you have the passwords required to access them? At some point, you’re going to need this information for all of your assets and liabilities. You’re going to have some level of rights and responsibilities based on the financial information. You may also want to gain access to the financial and investment accounts to protect yourself, should those funds suddenly disappear. The same would apply to an influx of credit card debt or cash expenditures. Once you have a firm understanding of all of these factors, you can begin thinking about how it may play out during the divorce, and beyond. For instance, if children are involved, where are they going to live? Who’s going to take them to/from school or extracurricular activities? How are you going to handle summertime? In Episode 4, George will focus on child custody and parenting time. Documenting the Information Once you have access, you’ll need to document the information. Consider making copies or taking photos. George advises that you need to be mindful of how you interact with your spouse. Once both of you are aware of the impending divorce proceedings, things usually change. When you begin talking about moving on or moving forward, expect that the dynamic in the household is going to change. The communication pattern is going to change. It may be easier to rely on texts or emails. For this reason, George recommends that you be careful what you put in writing. At the same time, you may need to document certain discussions in writing. It’s a good idea to document financial transactions and important dates. It’s important to know your familial, financial history. Remember to Take Care of Yourself As an attorney with over 15 years of and divorce, George understands the stress and emotional toll a divorce will place on someone. For this reason, taking care of yourself is very important. Seek help when you need it. Begin to look for emotional support from friends, groups, family members and therapy. Prepare to Move Forward You need to remember to prepare for life after your divorce. What’s it going to look like with your parental responsibilities, financial obligations and other issues. It’s going to be different. You and possible your child/children may not live in the same home, as you do now. There will be changes in the day-to-day activities and environment. Understand that you should prepare yourself for adjustments that may have to be made. If you’re a stay-at-home spouse, you may need to consider getting a job or beginning a career. Do you have a second vehicle or will you need to figure out transportation? Evaluate your financial situation to decide if you should rent or if you’ll be able to buy another house. Will you need your own health insurance policy? Begin working on your budget. In closing, George returns to the scenarios. If you’re considering filing for divorce, begin the process of divorce planning so you can begin thinking through important issues. If your spouse has already filed for divorce, you may need to move more quickly. Remember that you’ll need to find ways to balance expectations, needs, emotions and many other factors, during and after your divorce. Rely on your attorney for perspective and to handle the legal issues. The entire process will eventually get resolved. It may take time, but you can and will get through it, especially if you have a plan. Is It Time to Contact George? If you answered yes, the best way is to reach out to him on his cell phone at (502) 640-9797. You can call and/or text him. He’ll be happy to speak with you. You might want to listen to of the podcast to learn more about family law in general. We hope you enjoyed today’s episode. The information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship. However, if it is time for a lawyer, George is ready to listen. He’d appreciated it of you’d consider sharing this episode on your social media. Going forward, we’ll launch a new episode every other week. You can connect with George on , on the website, as well as on Spotify, iHeartRadio, Apple Podcasts and other platforms. Lamb & Lamb, PSC is located at 4310 Robards Lane, in Louisville. The office phone number is (502) 451-6881. /episode/index/show/c9d9ddc4-c7f3-45b0-91f6-d4090ad1fc3d/id/33666767

Overview of Family Law in Kentucky 10/15/2024

Overview of Family Law in Kentucky Episode 2: Welcome to the, “Is It Time for a Lawyer?” podcast, with attorney George S. Lamb. In today’s episode, George provides an overview of family law in Kentucky courts. He practices primarily in Jefferson County and the surrounding counties. What Is Family Law? George has handled family law cases for the past 15 years. He begins by explaining that it’s a wide range of legal issues, beyond simply divorce. Family law can involve both married people and unmarried people. While both groups may not deal directly with a divorce proceeding, if children are involved, family law would govern child custody, child support, but not necessarily the property division issues a married couple would need to consider. Included in family law, you’ll have divorce cases, child custody cases, issues dealing with paternity, domestic violence cases which might involve an EPO, DVO or an IPO. It may involve Child Protective Service (CPS) matters. Family law also involves maintenance that may be paid to the former spouse. Mediation could apply to both married couples and unmarried couples. Child Custody Issues The divorce sub-section of family law would include child custody. George explains the common misconception that child custody means “where my kid sleeps.” In reality, in Kentucky, it actually refers to decision-making. There are 3 major decisions that will typically have to be made relative to the upbringing of the child or children: · - Education · - Healthcare decisions · - Religious upbringing George points out that the above 3 decisions really don’t involve where the child sleeps at night. The presumption is that as a parent, you’re a joint custodian. The law presumes you’re both fit to be parents, therefore joint decision-making is the default. It’s possible for one person to attempt to prove the other person is unfit to be a custodial parent. The court also presumes parenting time (“visitation”) will also be 50/50. This presumption reflects current society. Child Support Calculations Child Support this financial issue is calculated by guidelines in state law. Various factors, including the incomes of both parents, the cost of health insurance, child care expenses, uncovered medical expenses, the cost of extracurricular activities and issues impact child support. The law provides a guideline, but the actual amount paid by one parent to the other may deviate from the guideline, if agreed upon in the settlement. Division of Property Family law often involves property division, assuming the couple was married and they accumulated property during the marriage. This can be furniture, vehicles, real estate and other items. It includes financial assets and liabilities. The court will attempt to reach an equitable distribution of the property. George explains that it’s not just a matter of splitting things down the middle. Is there debt associated with a particular item (i.e. a car loan or mortgage)? This debt needs to be taken into consideration during the division of property. Certain property may have been owned by an individual before the marriage, and therefore, may not be considered part of the marital estate. This could also include an inheritance or a gift given exclusively to one of the individuals. Sometimes, these items might need to be included in the marital estate. A skilled, experienced Louisville family law attorney can help you to establish think through property division issues, including the calculations needed to value the specific items to be negotiated. Kentucky law actually contains statutes pertaining to those calculations and the division of property. Tax consequences also need to be considered. Certain items (including the payments for those items) my come with tax deductions, tax liabilities or other issues that should be included in the equitably division of property. If the couple has young children, the impact of family decisions will continue to affect both parties, long after the divorce, itself. Focusing on the Future Once the divorce decree is entered, at some point in the future, the terms of the divorce settlement can be modified. This is referred to legally as a post-decree modification. The circumstances are going to change over the years, as the children grow older, jobs change, incomes change and other factors evolve. The original divorce decree may need to be altered by one of the parties. You, or your former spouse can petition the court to change the terms of the decree to adapt to the new circumstances. Unmarried people may decide to petition the court for a change in child support. They would use the same legal process. Once one party files the petition either for the divorce or a modification, the other party will respond and there will be an exchange of financial information as part of the financial disclosure. Generally, mediation will be involved. This gives the two parties the opportunity to reach an agreement, without the need to have the judge rule on the issue(s). If an agreement cannot be reached, a hearing before the judge will provide the attorneys the forum to present their sides of the issues. A judge will then make a decision on the issues. This is how the divorce process unfolds, as well as the post-decree modification process. George explains that mediation comes down to your level of acceptable risk. Are you willing to negotiate an agreement, or do you want to proceed to a court hearing that might end up yielding less than you may have been able to negotiate during mediation? It requires balancing the risk verses what you actually want. A mediator will attempt to help the parties reach an agreement on the issues, before the issues are scheduled for a hearing. This process allows the parties to maintain some control over the outcome. It can also be more efficient and more cost effective, in terms of legal fees. Litigation can be expensive. Will You Keep the Same Judge? In Jefferson County, Oldham County, Bullitt County, Shelby County, Spencer County, Henry County and others, you will typically have the same judge for the duration of your family law experience. This will last from the divorce through the years of raising the children and even into their college years. It’s possible spousal maintenance (“alimony”) will last even beyond those years. So long as your judge is sitting on the bench, your family law issues will be handled by him/her. Planning for a Divorce George explains that people inherently pre-plan, sometimes without realizing they’re doing it. It comes down to the catalyst that creates the need to involve a family law attorney. George is often contacted by individuals who are ready to file for divorce or sometimes it’s the other spouse who realizes his/her spouse has already filed. At least one party knows this decision is coming, at times both spouses realize it’s going to happen. It can be important to take steps to think through the issues when planning for a divorce, assuming you have time to do so. George can help. Helpful Tips if You’re deciding Planning for a Divorce First, watch the bank accounts. It’s important you understand what’s going on with the money. This advice is relevant even if you’re simply living with someone and sharing expenses and/or assets. You probably don’t need an attorney to do this. You may not even need to speak with the other person, at least initially. It’s important to look at both the account balances, as well as the expenses that are being paid from those accounts. Second, at some point, you need to retain counsel. You should have an attorney on your side either to file or to respond, once your spouse has filed for a divorce. The important point is to get prepared, at least to the extent you are able. The understanding your financials is a significant component. You may also need to think about where you are going to live (even temporarily) once you move out of the house, if that’s necessary. Is It Time to Contact George? If you answered yes, the best way is to reach out to him on his cell phone at (502) 640-9797. You can call and/or text him. He’ll be happy to speak with you. You might want to of the podcast to learn more about his background. We hope you enjoyed today’s episode. The information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship. However, if it is time for a lawyer, George is ready to listen. He’d appreciated it of you’d consider sharing this episode on your social media. Going forward, we’ll launch a new episode every other week. You can connect with George on the firm’s Facebook page, on the website, as well as on Spotify, iHeartRadio, Apple Podcasts and other platforms. Lamb & Lamb, PSC is located at 4310 Robards Lane, in Louisville. The office phone number is (502) 451-6881. /episode/index/show/c9d9ddc4-c7f3-45b0-91f6-d4090ad1fc3d/id/33466487

Meet Attorney George S. Lamb 10/01/2024

Meet Attorney George S. Lamb Episode 1: Welcome to the first episode of the, “Is It Time for a Lawyer?” podcast, with attorney George S. Lamb. As we launch the podcast, we decided it would be beneficial to introduce the listeners to George and his legal practice, in Louisville, Kentucky. Meet George S. Lamb George actually has a business background. This experience continues to have an influence on how he practices law and on his interactions with his clients. George has a business degree from the University of Kentucky. He began his career in international shipping, which can be both chaotic and challenging. He started in Charlotte and later moved to Cincinnati. George made the decision to go to law school, full-time. This brought him back to Louisville. He’s married with two children (one in college and the other in high school). The benefit of his business experience is noticeable in how looks at situations, analyzes the various issues and works to achieve efficient outcomes for his clients. George Handles Various Types of Cases Primarily, George handles cases involving family law issues. He also has significant experience with personal injury cases and Kentucky workers’ compensation claim. George devotes a portion of his practice to probate law and related matters. He can also handle some criminal issues, such as a DUI charge. In family law, divorce cases typically also include child custody and visitation, child support, mediation and other matters. From time to time, this could mean George assists his clients with domestic violence situations (EPO, DVO or IPO). George’s personal injury practice typically involves automobile accident cases, work injuries, slip and fall cases, premises liability cases and dog bite claims. In the area of Probate, George often assists with opening an estate for someone who is recently deceased. If the person died with a Will, he/she is considered “testate.” If there is no Will, that person is considered “intestate.” There’s a process for handling the estate, depending on which type of situation is being handled. He often works with clients to need him to draft a Will or Living Will. Properly crafting Power of Attorney (POA) documents is often an additional service client ask him to perform. Focused on His Clients George believes an important part of the relationship with a client means he needs to be accessible to them. He understands the need to be efficient with his clients’ money. That, again, is part of his business background. He appreciated the fact that legal fees can be expensive, so he maintains a focus on both efficiency and effectiveness. George is part of a family firm, Lamb & Lamb, PSC. He works with his father and his uncle. The firm was created in the early 1980s. While there is some level of overlap in the practice areas each attorney handles, they also have other areas. For instance, his uncle (Douglas Lamb) handles social security disability claims. His father (Eric Lamb) works on issues involving first-party contract case and insurance-related case. While not every legal matter has a domino effect on everything else, as a practical matter, circumstances often inter-relate. This is how or why one type of case might eventually include other types of claims, as it evolves. George uses the example of a motor vehicle accident occurring while you’re at work. There could be a third-party claim against the other driver and a workers’ comp claim related to the same accident. Using another example, it’s possible that an attorney is representing a client who suddenly passes away. He stresses that a good attorney is both cognizant and nimble, enabling him/her to address the needs as they develop. From a client’s perspective, it’s often more convenient to work with the same attorney or firm if the situation requires representation beyond the core issue. That level of trust and familiarity is already established and the attorney may have insights into the overall situation. This can be financially advantageous for the client. It may be possible to avoid paying for another attorney to get up to speed, by simply continuing to work with the attorney you hired from the outset. How George Approaches the Attorney-Client Relationship At some point, someone is wondering, “Is it time for a lawyer?” Maybe is a course of action they’ve decided to pursue. Maybe a spouse filed for a divorce. It could be a car wreck that happened while that person was on the way to work. George strives to be as accessible and as efficient as possible when it comes to communicating with his clients. He appreciates the time and energy going through a legal matter requires of that client. It’s often a stressful situation. George wants to help them to achieve realistic goals, based on the circumstances presented. Interestingly, George views his role as someone who tells the client what he/she needs to hear, rather than what they may want to hear. It may not be the easiest route to take, but he’s upfront about this with his clients. He’s fond of saying, “I advise and you pick.” He realizes it the client’s case and after the issues and options are laid out, the client will ultimately decide how he/she wants to proceed. That’s the foundation for a solid working relationship. George comments that while you may have the legal right to pursue a specific course of action, there’s a practical effect involved in that pursuit. He’ll work diligently to explain the overall situation enabling a client to make informed decisions. There may be many questions involved in making that decision. That’s why George provides his cell phone to his clients. They can call, text, email or even call the office to speak with him. Goals for the Podcast As we conclude the episode, George outlines what he hopes this podcast and future episodes will accomplish. It comes down to educating people. He wants to provide explanations about legal topics George handles for clients. He’ll use these episodes to explain specific issues and how he can help people who get involved in those legal issues. People encounter legal matters virtually every day. Some of these matters can be tough and/or extremely complex. George is there to walk alongside his client, guiding them toward the outcomes they want, whenever much as possible. Going forward, we’ll launch a new episode every other week. You can connect with George on the firm’s Facebook page, on the website, as well as on Spotify, iHeartRadio, Apple Podcasts and other platforms. We hope you enjoyed today’s episode. The information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship. However, if it is time for a lawyer, George is ready to listen. He’d appreciated it of you’d consider sharing this episode on your social media. Lamb & Lamb, PSC is located at 4310 Robards Lane, in Louisville. The office phone number is (502) 451-6881. /episode/index/show/c9d9ddc4-c7f3-45b0-91f6-d4090ad1fc3d/id/33282307

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Is It Time for a Lawyer

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