The Psychology of Litigation: Diagnostic & Statistical Manual of Mental Disorders

Tracy A. Cinocca Posted on by

Going to court can bring out stress. People do not always behave their best and it is usually one of the worst periods in a person’s life. Whether your lawsuit is against a formerspouse, employer, business partner, or another, it is not unusual for the pressure to push someone into an uncharacteristic mental state. This is what our blog series on the “Psychology of Litigation” addresses. Major stress factors in life include emotionally charged situations or big life changes. This includes Litigation. (See Holmes and Rahe’s (1967) Social Readjustment Ratings Scale here). Litigants should be prepared for the mental stress of Litigation and ready to run the Litigation course long term, if necessary. How different people deal with situational distress caused by litigation can be affected by whether they have a mental condition – diagnosed or not. If mentally healthy people suffer such distress, then imagine the different types of reactions … Continue reading →

Street School: A Golden Rule Resource

Tracy A. Cinocca Posted on by

Our Golden Rule page lists many organizations with resources to help those in need. One of those organizations, and one of our favorites, is Street School. Street School provides a unique opportunity to students who are unable to complete their studies in the traditional Tulsa public school system. This non-profit offers a tuition-free alternative high school. It provides education and counseling to it’s students. This combination is the foundation for it’s unique “dropout prevention, intervention & recovery program accredited by Tulsa Public Schools for students in grades 9 through 12.” Only students who genuinely want to complete high school are allowed. This includes students who have experienced personal tragedies in their families or health, made a serious mistake they regret, and even some who have become pregnant. Street School is there for these children who failed in a traditional academic environment to give them another chance to succeed without a lifetime punishment … Continue reading →

Family Law Divorce with Children Video

Tracy A. Cinocca Posted on by

VIDEO TRANSCRIPT- Divorce with Children If you are getting a divorce and have children of the marriage, here are some procedures and rules you need to know. Your children must be “of the marriage” (this means biological or adopted, but does not include step-children). First, always consider the best interests of your children in the decisions you make. If questioned about a decision, you must be able to explain how it was in your child’s best interest. If the filing of your divorce involves minor children of the marriage, the court will order you to attend a PPC. That is a Parenting Plan Conference. Here, the judge will call all your cases, speak, and present a video. At the end, you will be ordered to attend a class called “Helping Children Cope with Divorce.” You must obtain a certificate of completion and file it in your case as a matter of court record, before your … Continue reading →

Golden Rule: Resources Video for Access to Justice

Tracy A. Cinocca Posted on by

Golden Rule Resources Access to Justice. We all want it. We all need it. Sometimes it may elude us, or we might not know where or how to get it. As a longtime attorney, I too often see unnecessary damage done to people- emotionally, financially, & physically. It may be situations such as: being singled out in a negative way, or bullying which can happen at school, online, at work, or even at home. If only we could all follow the Golden Rule: “Do unto others as you would have them do unto you.” Since not every situation may require legal action, justice can come in many forms. You’ll find a list of resources below, for help on a wide range of difficulties you may be facing. Remember there is help, and there is hope. Visit our Golden Rule Resources website for resources to help you through any type of trouble. Any input … Continue reading →

The End… of Your Business Partnership

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The End …. of Your Business Partnership Breaking up is hard to do. Like marriages, business relationships sometimes break up. When ending a business relationship there are several questions you will need to answer: 1. What type of business is it? How is it formed with the Oklahoma Secretary of State? Or, is it a a partnership? Limited or General? ex: Limited Liability Company (LLC); C Corporation; Sub Chapter S Corporation; Partnership; Limited Partnership, Etc. 2. Do you have a written agreement or formation document? -If YES: Review that agreement with an attorney and make a plan for how to proceed. -If NO: There may be default statutes in place that effect your type of business organization on how to handle a break up. 3. Do all parties agree with the accounting, and is it up to date? -If NO: A plan to do this is required. 4. Is your business breakup amicable? -If … Continue reading →

Teen Stages – Book Review Compared to the Best Interests Standard in Divorce

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I have family law clients with a variety of issues that arise in raising their children and divorce. I am asked all types of questions, not necessarily pertaining to law, but also the simple how-to-manage teen problems in a manner that will prevent litigation issues, as well as be best for the children. For any parent with a teenage child, or soon-to be-teenage child, they raise, I recommend the book: Teen Stages. It provides insight and another way to think about your developing child after the baby and young years have passed. The insight in this book makes it much easier to exercise patience and understanding with rebellious or uncooperative teens. For example, consider that your teenager, though physically and mentally more mature, has emotionally regressed back to the toddler years. This explains teenage rebellion, defiance and emotions in a way many parents can relate. If they think of their … Continue reading →

National Law Day & the 50th Year Anniversary of Miranda

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May 1st is National Law Day! This year’s Law Day which was Sunday, May 1, was extra special. This is because it is also the 50th anniversary of the landmark 1966 decision of Miranda v. Arizona, 384 U.S. 436 (1966). This case marks the beginning of Miranda rights required to be stated to a person under arrest. This includes rights protected by the 5th Amendment. This includes the right to remain silent; that statements by the suspect may be used in court; that the suspect may consult with a lawyer during interrogation; and that a lawyer will be provided, if the suspect cannot afford one. The Miranda rule helps balance police interrogation with an individuals rights. However, so many of us allow our individual rights to be usurped when we believe we have nothing to hide. In speaking to the police anything you say will be used against you. Nothing you say … Continue reading →

Legal Aid Services of Oklahoma: A Golden Rule Resource

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Legal Aid Services of Oklahoma Legal Aid Services of Oklahoma “LASO” is an organization whose mission is “making equal justice for all a reality.” Established in 2001, as a result of the merger of Legal Aid Services of Western and Eastern Oklahoma, LASO is a registered nonprofit that provides civil legal assistance to low income individuals across Oklahoma. If an individual qualifies, they are not charged for any of the services provided by LASO. Funding for the services provided by Legal Aid come from the Legal Services Corporation, the State of Oklahoma, the Oklahoma Bar Foundation, 15 United Way or United Fund organizations, as well as generous donations from attorneys, firms, business, and individuals throughout Oklahoma. Those donations can be in the form of funds or the legal time provided by the attorney at no cost to you if LASO approves you for services. In most cases, many attorneys work pro … Continue reading →

How to Choose a Lawyer Video

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The first video I made several years ago is called “How to Choose A Lawyer.” Here is what I said which still applies.  First, you want to make sure that your attorney is qualified. Second, you want to see if you like the attorney’s personality and if you think they’re a good match for you. Third, you want to look at their business practices and procedures. Fourth, you want to have a feeling you can trust your attorney to do the right thing for you when you aren’t there. ARE THEY QUALIFIED? Choosing a lawyer can be a difficult and maybe overwhelming experience. There are so many choices and so many options. Of course you want your attorney to be qualified. You need to have an attorney who is qualified in the area of law, that your issue is in. Try to know and try to understand what area of law it is … Continue reading →

What To Do If You Are Being Treated Unfairly at Work?

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VIDEO TRANSCRIPT- What To Do If You Are Being Treated Unfairly at Work One of the biggest complaints I hear is when an employee is upset with their employment situation because they feel they are being singled out or are not being treated fairly in the workplace – typically by a supervisor or co-worker. This is especially intolerable to long-term employees, those retaliated against for whistle blowing, or engaging in some other right protected by public policy. It is also especially intolerable when it is overt, ongoing, and continuous. It is important to understand that Oklahoma is a state where you can be hired and fired at any time, for almost any reason, EXCEPT in circumstances such as: Age (if over 40) Race Color Sex Religion National Origin Disability Pregnancy Genetic Information Retaliation and/or Whistle blowing *May not apply to government workers, workers under contract, labor union agreements, or other groups because different laws, rules, or … Continue reading →