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COVID-19 UPDATE

At Axelrod & Associates, we face adversity daily when fighting for our clients. We want to assure our clients that during this time of adversity throughout our country, we will continue to fight for our clients and provide quality legal representation that defines Axelrod & Associates, P.A.

Please view our COVID-19 statement to learn more about the steps we are taking to continue to provide legal representation for our clients while putting health and safety first.

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How are SC Courts Responding to the Coronavirus Pandemic?

How are SC courts responding to the Coronavirus pandemic?

As federal, state, and local governments across the nation enact a patchwork of laws, decrees, orders, and guidelines designed to slow the spread of the coronavirus, and panic has spread through much of society, imagine how it feels to be caught in SC's judicial system during this crisis.

Will you be forced to sit or stand in a crowded courtroom for a guilty plea, bond hearing, or jury trial?

If you are driving down the road, blue lights in your rear-view mirror may bring a new kind of fear - what if you are handcuffed, booked, and locked in a crowded jail where people are getting sick?

What if you are already in a jail, and, although you have not been convicted of any crime, you cannot afford to pay your bond?

Is the Coronavirus Affecting Inmates at Prisons and Detention Centers in SC?

How is the Coronavirus outbreak affecting inmates at prisons and detention centers in SC?

It's something many people have not considered unless you have a family member locked up in a crowded jail with no opportunity to "social distance," no hand sanitizer, and no face masks...

If someone is arrested for a non-violent crime, should they be punished first with the terror of a potentially lethal virus working its way towards them through a crowded jail, and then with the possibility of death or a protracted, painful illness that may involve intubation and weeks of suffering?

If you are someone who would say, "It doesn't matter - you do the crime, you do the time. Should've thought about that before you bought those drugs," have you considered the effect of a mass influx of sick inmates to the local ER, some of whom will require ventilators to survive, and who in many cases will be entering hospitals in small, rural communities with limited resources?

What is SC doing right now to prevent a catastrophe in our local jails and prisons? What should we be doing?

COVID-19 Update from your local lawyers at Axelrod & Associates, P.A.

During this unprecedented time in our country, you can count on your attorneys at Axelrod & Associates, P.A. to remain vigilant. We would like our current and prospective clients to know we remain open for business at this time and continue to work diligently for our clients.

The Best Children's Books About Divorce

One of the most difficult aspects of divorce for many people is the effect that it may have on the children. Can children's books about divorce help to explain the situation to young ones and help them to process their feelings?

How do you talk to children about divorce? For some people, the prospect of causing harm to their children may be enough to stay together. For others, when it is clear that a divorce is necessary, it is important to understand that the divorce will affect the children, for better or worse, and that they will need to talk about what is happening so they can understand and process their feelings.

Below, I'll discuss some of the top children's books about divorce and some research-based tips for how to talk to children about divorce.

Can I Sue for Breach of Contract? Why "a Handshake, a Look in the Eye, and a Personal Relationship" are Not Enough

If you loan money to someone with a verbal agreement that they will repay the loan with interest, can you sue for breach of contract when they stop making payments? If there is a "meeting of the minds" and some evidence of the verbal agreement, is that enough to prove a verbal contract and recover the money that was supposed to be repaid?

It might be enough to sue for breach of contract if the loan meets one of the limited exceptions to the Statute of Frauds and if SC law does not require a written agreement under any other provision of law.

In Kagan v. Simchon, the plaintiff filed suit for breach of contract, breach of contract with fraudulent intent, promissory estoppel, and intentional infliction of emotional distress in an attempt to recover funds owed from three loans totaling $391,000, but all of the claims failed because there was no written agreement for any of the loans.

Why couldn't Kagan sue for breach of contract? What is the rule for when a loan agreement must be in writing?

Does Workers' Compensation Cover Injuries While on Break?

Does workers' compensation in SC cover injuries while on break?

If all on-the-job injuries are covered by workers' compensation insurance, shouldn't that also apply to injuries sustained while taking an ordinary break during work hours? What if you slip and fall while taking a break?

If you are on break and your clothing is accidentally set on fire by your cigarette lighter, is that covered by workers' compensation? What if you are on the clock, taking a fifteen-minute break, and your pistol accidentally discharges while you are showing it to a coworker?

In most cases, accidents that happen while on break will be covered under what is called "the personal comfort doctrine." Some injuries while on break may not be covered, however, if they have no "logical causal correlation" to your employment.

How to appeal a denied Social Security claim

Going through a catastrophic accident that leaves you partially or completely disabled is an extremely difficult situation to overcome. There will likely be changes that affect your ability to perform daily tasks. You also might not be able to continue working. This could have a drastic effect on your and your family's well-being. Fortunately, there are government programs that can help you in a situation like this. Applying for social security disability benefits can help you persevere through this difficult time. However, there is a chance your claim could be denied.

Is Home Detention a Possibility in SC?

If you are found guilty or plead guilty to a crime in SC, is home detention a possibility?

If a person is convicted of a crime, but they have no prior record and their circumstances make it clear they are not likely to re-offend, what purpose does it serve to send them to prison? If home detention provides intensive, constant supervision, the community is protected, and there are treatment options available in the home, does the court have to send a person to prison?

In some cases, home detention is a possibility in SC for low-risk offenders. But what if there is a mandatory prison sentence? Also, does it matter if the offense is classified as violent?

What if I Don't Want a Divorce? Can My Attorney Stop it?

Although many couples who become separated and are considering divorce have mutually agreed that divorce may be necessary, what happens if you don't want a divorce?

There may be many reasons why a person does not want a divorce despite their spouse's insistence - your faith may prohibit divorce, you may feel certain that your spouse will eventually come around, or you are concerned about the impact a divorce will have on your children.

What can you do?

Can your attorney delay or stop the divorce proceedings? Can your attorney force your spouse into divorce or marital counseling? Can the family court order counseling before granting the divorce?

What can I include in my estate plan?

Many people view estate planning as a daunting task. Whether you aren’t sure where to start or you’re put off by the prospect of confronting your own mortality, you may share those same sentiments. But tackling your estate plan doesn’t have to be scary or overwhelming.

While it’s true that a good estate plan often contains multiple documents, each individual document serves its own purpose and contributes to the safety and security of your family. Knowing what elements are available to include in your estate plan can help you start preparing for your future.

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Axelrod & Associates, P.A.
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