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What does “Off the Record” actually mean?

5/22/2019

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Question:  What does it really mean you tell a reporter “this conversation is off the record”?

Answer:  Many politicians, such as the short term White House Communications Director Anthony Scaramucci, and Senator Bob Corker, appear to need a refresher course on “off record” conversations.

It is first important to realize the designation “off the record” is not a legally enforceable standard.  There are no privilege laws governing the relationship between interviewer and interviewee.  Information sources can only rely upon the ethics or the reporter, and their self interest in preserving a trusted reputation.  At any time, a reporter could break the norm and release information you state is “off the record”.  Commonly, to serve public safety, a reporter may disclose such information. 

Interestingly, there are various types of conversation designations:On the Record:  Obviously, anything you say can be published.Off the Record:  Some reporters consider such information as anonymously quotable, while others, think they can't use the info at all.  Don’t just say, this info is “off the record.  Be clear with your intentions and define how your info may or may not be used.On Background:  A reporter can use your information, but cannot identify you as the source.  Even hints as to your identity are not allowed.  Not for Attribution:  A reporter can't use your name, but perhaps your position, such as "hollywood sources" or "pentagon officials".   It is most important to clearly identify the designation you wish to apply to the discussion and information you give a reporter, before you start speaking.   
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Facebook Friend Status Does Not Disqualify Judge

5/14/2019

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A normal friendship between a Judge and an Attorney is a common reason for recusal (the process for a Judge to quit a case to avoid the influence of bias).  A recent Florida Supreme Court decision ruled: a Judge who was “Facebook friends” with an Attorney did not require recusal or disqualification.  Most of us don’t need a Supreme Court case to know the difference between real friends and online ones.

The Court was split 4-3 with the majority opinion citing on the lack of “close or intimate” nature of a Facebook ‘friendship’ which did “not create the appearance of impropriety under the applicable code of judicial conduct.”
Dissenting Judges appeared more concerned with the appearance of impropriety, stating “a judge’s involvement with social media is fraught with risk that could undermine confidence in the judge’s ability to be a neutral arbiter.”

Both sides urged Judges to stay off Facebook to avoid “inviting problems”.  The American Bar Association has advised Judges to “disclose social media relationships prior to, or at the initial appearance of the person before the court”.
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Attorney James Haroutunian practice includes estate planning law.  Contact him to begin your estate plan or with questions at the Haroutunian Law Office at 630 Boston Road, Billerica, 978-671-0711 or email at james@hlawoffice.com.
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Some Estate Planning Costs are Tax Deductible

5/7/2019

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Question: We wrote an estate plan last year.  Are the legal costs tax deductible?
 
Answer: The IRS allows deduction of your legal fees and costs, only if the estate planning related to “income”.  More specifically, costs in relation to the following are allowed as a deduction:
 
  1. The production or collection of income;
  2. The management, conservation or maintenance of property held by the taxpayer for the production of income, or
  3. The determination, collection or refund of any tax.
 
Blogger and Attorney Barbara Ann Dalvano advises the legal fee for drafting a Will is not normally tax deductible.  But, if your attorney created a Trust to hold title to “income producing property”, a portion of the legal fees involved may qualify as deductible.
 
As always, confer with a CPA to obtain the latest advice on such tax matters.  

Attorney James Haroutunian practices real estate, estate planning and business law in Billerica at 630 Boston Rd and can be reached with questions at 978-671-0711 or via email: James@hlawoffice.com.  
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