Wednesday, November 22, 2017

Aware, Mindful and Thankful


Senator Lisa Murkowski backs the repeal of the Obamacare mandate, but did not support the repeal of Obamacare.  For this she has drawn the ire of Democrats.  Murkowski represents Alaska.  I am sure most Alaskans support the repeal of the mandate. Murkowski is representing her constituents.

I’ve never been to Alaska, but I have watched their reality shows and listened to Sarah Palin, which is kinda like seeing Alaska from my living room, dontcha know.  Many Alaskans appear to view themselves as rugged, self-sufficient frontiersmen. 

This past year, one phrase has been thrown around a lot is cognitive dissonance, which is having inconsistent thoughts, beliefs, or attitudes, especially as they relate to behavior.  Despite the self-sufficient attitude, Alaskans wallow in unearned cash.  The federal government supports one third of Alaska’s jobs.  (The Economist).  Alaskans receive an oil subsidy, similar to the manner in which members of the Seminole Tribe of Florida receive a stipend from gambling profits.  Alaska has the highest rate of welfare recipients in the United States (US Census).  That is not surprising.  Alaska’s weather does not allow for year-round work in many industries. 

Let’s take one rugged, Alaskan frontier family, The Alaskan Bush People.  Alaskan Bush Dad and one son were charged with falsification on welfare forms.  They pled guilty and each spent 30 days in jail, so much for self-sufficient bush living.

Alaska does not have a monopoly on cognitive dissonance, they just make a good example due to Murkowski’s support of the mandate repeal.  Florida has its own examples.  We have a large winter population, some of whom are super wealthy.  They supplement our economy the way the government supplements Alaska.   

 Florida also has large numbers of elderly, many of whom came to Florida when they retired.  Some elderly people have no family at all, or at least no local family.   This makes them easy prey for conmen.  But not everyone is a conman.  There are many good people caring for their elderly friends or neighbors. 

Something that strikes me about these elderly in their estate planning is they have a friend or neighbor who buys their groceries, or takes them to the grocery store.  That friend takes them to doctor appointments and helps them maintain their homes.  The friend takes them in, or with them, when a hurricane is coming.  The elderly person will be sharing the holidays with their friend.  But where is the money going when they die?  To nieces or nephews up north, some of whom they have not seen for 25 years.  That does not make sense to me. 

Years ago, I told my daughter a mom of one of the kids she went to school with had cancer, for the second time.  My daughter asked me, “Didn’t you tell me that woman has a great body?”  I said she had a beautiful body.  My daughter said, “I think your body is better.”  May we all be aware, mindful and thankful for all we have and for those who are generous to us daily, this Thanksgiving and every day.

Thursday, November 9, 2017

When Your Parents Want Your Child

Once upon a time there was a quiet, kind-hearted, pretty girl named Grace.  Grace grew up to be a veterinary assistant.  She loved dogs, cats and bunnies.  Grace fell in love with a handsome charmer named Inadequate.  Grace got pregnant.  She was so happy, so excited to have a baby.  Before the baby was born Inadequate beat the crap out of Grace.  He went to jail for a long time, exit Inadequate. 

Grace moved in with her parents.  Jason was born.  Grace’s parents loved Jason.  Years passed, Grace fell in love with Eric, a kind and gentle man.  Eric got a job offer in California.  Eric asked Grace to marry him and move to California.  Grace said yes.  Grace’s parents were not pleased.  They loved living with their grandson and watching him grow.  They did not want him in California.  Grace’s parents tried to convince Grace moving to California was crazy.  When that did not work they asked her to leave Jason with them, until she was settled in a home.  Grace loved her parents and agreed, and off she went with Eric.

Within weeks Grace’s parents told her Jason needed dental surgery, nothing serious, but she needed to sign papers giving them custody of Jason for surgery.  Grace readily agreed.  Grace loved and trusted her parents, look at all they did for her.   

A couple months later Grace told her parents she was coming for Jason.  Her parents asked could she please wait until Christmas?  It was only six weeks away.  They could celebrate as a family and then she could leave with Jason.  Grace said okay. 

As Grace and Eric prepared to leave California Grace’s parents told her not to come.  They were not going to let her take Jason.  Jason needed to stay with them through the school year.  Grace was very, very angry, but she complied.  The school year ended and Grace’s parents would not allow her to get her child.  As a matter of fact, they had a court order giving them custody. 

Grace hired an attorney who asked for Jason.  Grace’s parents responded Grace was a terrible mother, who abandoned Jason.  As a result, Jason suffered numerous, serious, psychological disorders. 

Grace sued her parents.  It took a year for that case to get through the court system culminating in a one-day trial.  Grace parents paid for psychologists and a psychiatrist to testify how damaged Jason was by his mother’s abandonment.  This included numerous dangerous specific instances of acting out in anger.  Jason was on psychotropic drugs. 

Grace won.  Her lawyer told her, “Get your son.  Get out of Florida and do not come back.” 

Since that trial the presumption under Florida law changed.  At the time it was parental reunification, now it’s best interests of the child.  I doubt the lawyer would win the case if it was tried today with the testimony of the mother conflicting with the testimony of her parents and doctors.

Jason lives happily in California with Grace and Eric, who have other children and live as happily ever after as any happy two wage-earning family does.


The best way to solve a legal problem is to prevent it before it happens.  Some of the best things about being a lawyer are the relationships you develop with people, making a positive difference in your client’s life and learning from deep personal knowledge of other people’s problems. 

Tuesday, November 7, 2017

Wilbur Ross

I used to watch a fair amount of Fox news.  I had a lot of clients who watched.  I wanted to see their viewpoint.  My favorite commentator was Wilbur Ross.  I was impressed by his intelligence.  I had no problem with his appointment to Trump’s cabinet.  I thought it was desirable.

I was wrong.  Turns out Ross failed to disclose he has a business with Putin’s son-in-law.  Ross testified he divested himself of $2 billion dollars in business interests prior to his confirmation hearing.  Now Ross owns up to his lie with a response that sounds like a contemptuous “Who cares?”  Forbes reports Ross did not divest $2 billion dollars.  Forbes says Ross never had $2 billion dollars.  Forbes reports Ross overstated his net worth as being 2.7 billion when it’s really $700 million.  Ross is a full-blown member of People of the Lie.  The basis of Ross’s entire Fox career, i.e., super net worth because he’s so smart, is a lie. 

When members of congress and governors run for office they have a solid record we see, because their work is public.  Financial records are private.  Trump and his minions hold them tightly.  Manafort, Flynn, Ross and Gates show us why.  Someday all Trump and his cabinet members’ financial records may be disclosed, and biographies will be written explaining the antics of a den of thieves.

The two highest rating’s draws at Fox, back when I watched, are gone.   Megyn Kelly says she’s glad to be gone.  Bill O’Reilly has become a wet, sobbing man, lashing out at God, failing to take responsibility for his actions, which, like Ross, is a complete contradiction of the principles upon which he expounded daily.

This morning I heard a billionaire on the news speak of how badly the current tax plan would hurt individuals.  The anchor shot back, “But you’re a billionaire.  It wouldn’t hurt you.  It would help you.”  The billionaire replied, “But it’s wrong.”  In this Year of the Lie many people appear to no longer be able recognize right from wrong.  They make it relative when emotions exceed intelligence.     

A liar shows he has zero respect for you.   You can choose to see things as they are, or make excuses, as your ego allows.  Adolf Hitler said, “If you tell a big enough lie and tell it frequently enough, it will be believed.”  But it didn’t end well for Hitler, and for millions of others, because of him and those complicit.  Hitler promised Germans a great nation, like the one they had before World War I.  Hitler told Germans (the white “Aryan”, non-mentally disabled Germans) he would make it better because they deserved better.   Being confronted with truth is so disappointing when the lie held such promise.  “Given a choice between a terrible truth and a beautiful lie, choose the truth every time.”   Mira Grant.