Category Archives: Law

Responsibility for Emotional Distress

Tracy A. Cinocca Posted on by

Emotional Distress. Sometimes it is an element of damages, but it can also be an independent claim in personal injury and wrongful death cases. What does this mean to you or your claim? Oklahoma has standard Uniform Jury Instructions that address the basics of emotional distress for a jury to understand their role in awarding damages for emotional distress or not. Though case law or other argument can trump the use of this language before juries, the Uniform Jury Instructions (referred to as “OUJI”) are designed to apply in many general contexts, subject to case specific revisions. For example, OUJI defines the term “emotional distress” as “mental distress, mental pain and suffering, or mental anguish.  It includes all highly unpleasant mental reactions, such as fright, horror, grief, humiliation, embarrassment, anger, chagrin, disappointment, and worry.” OUJI 20.3. Oklahoma Uniform Jury Instruction No. 20.1, sets forth the elements of liability which must be … Continue reading →

Most Frequently Requested Legal Issues Explained

Tracy A. Cinocca Posted on by

In almost two decades of questions from the public at large, I have determined the top five issues people have that compel them to contact an attorney, & created a video for each. 5. Injuries. The public at large is concerned as it should be about what to do if injured. The answer to this question varies greatly depending on the facts and circumstances of your injury. We created a general video to talk about the large umbrella called “tort” law. What might be a tort and what may not be a tort? Could you have a claim? We recommend before contacting an attorney, if you are unsure, think about safety. Did someone fail to keep premises safe? You may already know the area of tort such as an automobile accident or a slip and fall. But what about a child who jumps on an oil rig and his leg … Continue reading →

Family Law: In All Divorces Video

Tracy A. Cinocca Posted on by

Family Law: In All Divorces You or your spouse just filed for divorce– now what? Divorce can devastate families. If it happens, there are 3 steps that I recommend you take. 1. Gather all important paperwork from your life together. This means: bank statements, credit card statements, retirement accounts, etc. 2. Consult with an attorney. Find out what the costs may be for your divorce and the factors that could increase those costs. If you and your spouse are able to work out an agreement, you could save a lot of time and money. Get that information to your attorney to draft the paperwork and you’re done. (A good tool is our Attorney Fee Calculator). 3. If you find yourself in a courtroom because you can’t agree, you need to know the rules. This is VERY important. You need to know the conduct that is expected of you. Look at the Summons and Notice of Automatic … Continue reading →

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 →

Legal Aid Services of Oklahoma: A Golden Rule Resource

Tracy A. Cinocca Posted on by

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

Tracy A. Cinocca Posted on by

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 →

Advance Directives in Health Law & DNR’s

Tracy A. Cinocca Posted on by

People spend much money and time planning for estate and health needs. It need not be expensive or mired in delay. Examples of estate planning for your health care needs, include easy-to-execute standard forms. These are as follows: Advance Directive, 63 O.S. § 3101.4; Advance Directive for Mental Health Care, 43A O.S. § 11-106; and Do Not Resuscitate Order (“DNR”). The Advance Directive for Mental Health Care is a statutorily mandated form physicians must keep in your file. It will inform medical personnel about who is able to make health care decisions when you cannot. It also describes situations which you may prefer to keep or withhold life sustaining procedures or hydration and nutrition. A person may even write into their form other personal preferences. What is extraordinarily important is the medical decision you make. To properly make the decision best for you, you should educate yourself about the medical ramifications of the … Continue reading →

4 Questions to Ask to Choose the Right Lawyer

Tracy A. Cinocca Posted on by

Choosing a lawyer can be a difficult and potentially overwhelming experience, especially if you do not even know one! To help ease the search, there are four key areas to take into consideration. This will help you find an attorney who is the best fit for you. First, you want to make sure your attorney is qualified. Second, you want to see if you like the attorney’s personality and think they are a good match for you. Third, you want to look at their business practices and procedures. And fourth, you want to find an attorney you can trust to do the right thing, with or without you present. 1. Are They Qualified? You need to have an attorney who is qualified in the same area of law as your legal issue. Try to know and understand which area of law it is you need representation. When you are evaluating an … Continue reading →

Information to Be Provided to the Other Spouse

Tracy A. Cinocca Posted on by

Not only during your divorce action, will you be required to repeatedly complete budgets and provide financial documentation, but you will also be allowed to ask questions to your soon to be ex-spouse. These written discovery requests are called Interrogatories, Requests for Production of Documents or Things and, sometimes Requests for Admission are sent. However, it is usually well before this stage that some judicial districts require other disclosures as well. You should consult to check with an attorney on local rules, however, in Tulsa County or the 14th Judicial District which serves Tulsa and Pawnee Counties. The current Rule is called “DR 5.” It is Domestic Court Rule 5, and it states: RULE DR 5. Discovery 1. Within twenty (20) days of the date of service of summons or no later than 48 hours before the temporary order hearing, whichever is earlier, both parties shall exchange copies of the following … Continue reading →