Thursday, March 26, 2009

NEWS: Why was this guy on the streets?

Warning: this post, the links, and content are probably not appropriate for younger readers (which is frequently the case with news unfortunately).








Check the article out here.

Summed up, a regstered sex offender (who once was in trouble for failing to register) is killed by the father of a girl he tried to rape. He breaks into her bedroom via the window naked save for laytex gloves and a mask, and the girl screams. Daddy does what any father would be tempted to do: he crushes the life out of the offender. No one knows, really, whether this was an intentional killing or an accident, but few will mourn the passing of this severely disturbed individual. My question is, why was he out on the streets?

It makes no sense to me, and this is why I, a former prosecutor, am especially grieved. A man now has killer another, with good cause, in front of his family. The intruder, who clearly needed to be confined with full access to mental healthcare, is dead. Was he sick? Yes. Was he evil? Yes (we all sin and come short of God's glory, though). Could this entire tragedy have been completely averted? Yes. However this man slipped through the cracks of our justice system is a mystery to me, but this incident should spark some serious reform if we care to prevent similar tragedies in the future. This could have gone far, far worse.

Wednesday, March 11, 2009

What is "stewardship" really?

Most of us have heard sermons and received instruction that we should be good stewards, but what is a "steward," and how does one become a good one? We all have some idea that stewardship relates to how we manage our property, but what is the Truth about good stewardship? What do all the sermons and instructions mean? Is this just another way for the pastor to get more of our money away from us during this financial crisis, or is this stewardship business really commanded by God?

First, lets take a look at a law from the Old Covenant (testament) that I recently received via email:

"And you shall not strip your vineyard bare, neither shall you gather the fallen grapes of your vineyard. You shall leave them for the poor and for the sojourner: I am the LORD your God" (Leviticus 19:10).

Obviously, God is commanding property owners, especially those with crops, to use them in a certain way that cares for the poor and travellers, presumably accomplishing His will that they receive care/support/food from believers. Though it may sound like a sinful question, many believers might ask themselves, "What right has God to tell us how to use our property?"

"1The earth is the LORD’s and the fullness thereof, the world and those who dwell therein, 2for he has founded it upon the seas and established it upon the rivers" (Psalms 24:1-2).

"But who am I, and what is my people, that we should be able thus to offer willingly? For all things come from you, and of your own have we given you" (1 Chronicles 29:14).

The answer is that God owns the world and everything in it, including the people. He owns it because he created it. God invented the world, and so he has, essentially, a holy patent that never expires. Like a craftsman who builds a house on his own land with his own materials and labour, who can tell such a man what to do with the house or anything in it? Does the craftsman not own that house completely?

You may have worked all your life for your savings, your possessions, and your material wealth, but you did it using God's creations. At most, we have a license to use these things, but, ultimately, they all belong to God. Take our craftsman example: assume that such a man has a child, a son, and that he provides that son with a bedroom in the house he built. We call that room the son's room, but really it belongs to the craftsman. The craftsman, also a father, has given his son charge over that room and holds him accountable for his use, care, maintenance, and general management of the room he provided. What father has never told his son, "Clean your room!"? Also, what father gives his son $500 and says, "Son go buy a lollipop,"? The father wants his son to use what he is given wisely.

In the same way, God owns everything that he has created, and he grants us a license (or "permission" if you prefer) to use it. However, God has retained the right to govern how we use the material wealth and possessions that He has created. Like the craftsman, God will require us to give an account of our use, care, maintenance, and general management of the wealth and possessions that He has provided us. For us to ask what right God has to instruct us in the use of our material wealth and possession, this is no different than the son asking his father, the craftsman, what right he has to force him to clean the room. How completely ungrateful.

The Lord has instructed us that "true religion" is caring for those in need (see this post for scriptural evidence and citations). The Lord made caring for travellers and the poor a part of His covenant with the Jewish people (Lev 19:10). The Bible makes no secret that we are, as believers, "stewards" of God's possessions rather than the true owners of our own, and the Lord, as the master of those possessions, shall require us all to give account:

"1And he [Jesus] said also unto his disciples, There was a certain rich man, which had a steward; and the same was accused unto him that he had wasted his goods. And he called him, and said unto him, How is it that I hear this of thee? give an account of thy stewardship; for thou mayest be no longer steward. 3Then the steward said within himself, What shall I do? for my lord taketh away from me the stewardship: I cannot dig; to beg I am ashamed" (Luke 16:1-3; KJV).

I cited the KJV because it uses "steward" where the ESV uses "manager." However, the two words can mean the same thing (they also can have different connotations). I have heard that, historically, the first recorded uses of the English word “steward” are from the 11th century, referring to an official who controlled the domestic affairs of a household. I do not have a citation that I trust as evidence for this, but it holds true with the Biblical usage. The root words stig and ward mean "house" and "keeper," respectively, which combined suggest that a steward is the "keeper of the house" (hence my example of the craftsman/father, his son, and the craftsman's house).

That is what we are - the keeper of our father's house. The Lord's house is this world, which he crafted himself with aid of no man. There was no man to offer aid. We are also a part of the Lord's house, created to be his stewards. After all, Adam was given charge over the Earth from the beginning, was he not? In Genesis 2:15, God put Adam in the garden "to work it and keep it". In Genesis 2:19-20, God gave Adam leave to name every animal and beast. Adam was the first steward, but he did break the one commandment of the master: do not eat of this specific tree. When Adam was required to give account for his stewardship of the garden, God asked Adam whether had eaten of the tree. When Adam admitted this, God could no longer trust Adam to remain in Eden and refrain from eating more forbidden fruit. For that reason, both Adam and Eve were cast out (Gen 2:23-24).

Good stewardship is listening and obeying the will and commands of the master/owner. It does not end with money or material possessions. All that is belongs to God - even our bodies. Will we be good stewards? Praise God for Jesus Christ, that there is mercy and grace, because none of us perfectly listen or obey. Therefore, there are no perfect stewards. But neither mercy nor grace relieves us from our responsibilities.

If I leave you readers with only one thought, then it is this: no matter how wealthy or poor you may believe that you are, nothing belongs to you: stewardship is about how you use what you are given, not how much you have. In Luke 16:10, Christ himself said, "One who is faithful in a very little is also faithful in much, and one who is dishonest in a very little is also dishonest in much."

Remember, in Mark 12:41-44, the widow gave more out of her poverty than the rich who gave out of their abundance. If you are rich and keep your money and wealth all to yourself, then you are a bad steward. If you are poor an give only the little you have to the Lord's service, then you have given much. In the same way, a believer who uses his/her talents only for personal gain has been a very poor steward of those talents, which also belong to the Lord! A person who strives to use his/her talents serve the Lord has been a good steward of them.

I will end this post by asking you to read Matthew 24:45-51. In those verses, Christ talks about the "good and faithful servant" as opposed to the "wicked servant" who watches over the master's household. I only realized very recently that the servant, as a master of the household, is a steward. When our master returns, will he put us in charge of many things, or will he "cut us to pieces" and assign us a place with the hypocrites? Salvation may be by grace, but Christ makes it clear that, in some fashion, our works, as stewards, will be judged. We will have to give an account to Christ upon his return.

Free Legal Tip No.2: what type of help do I need?

Do you need legal advice? Do you need counseling? Do you need pastoral care? Do you need a mediator/arbitrator? Do you need a financial or tax advisor? This post is about how to determine what type of professional services you may need.

We all hope that we will never need "professional help." Most of us, however, will need professional help at some point in our life. Since professional services rarely come free, most of us would prefer to pay for only those professional services we actually need, but how do we really find out what those are?

First, it would be wise to start by identifying and examining your needs/desires. If you are starting a business, then you probably do not need emotional or trauma counseling (unless you are really stressed out by the prospect of starting a new business), but you will likely need legal, business, and/or financial advice/services. On the other hand, if you are a soldier returning home with post-traumatic stress disorder, then trauma counseling may be just what you need most.

Second, it would be wise to research who offers professional services/counseling that addresses the needs/desires that you have identified. If you are suffering from a heart attack, then an attorney will rarely help with your physical symptoms. If, however, your heart attack began when your vehicle was struck by a drunk driver, then an attorney may be able to help you obtain funds to cover your medical expenses and vehicle damage from either the drunk driver, his insurance company, or from your own insurance company (under an uninsured/under-insured motorist claim, for instance).

Third, it's always a good idea to decide which professionals to see in what order. In our heart attack example, it's probably a good idea to see a heart doctor at the hospital to address your medical needs and stabilize your condition before you go see an attorney about getting money to
pay your medical bills.

This may all seem obvious, but we have used clear-cut examples. Sometimes the line between the services offered by professionals is blurry. For instance, what if your spouse served you with divorce papers because he mistakenly believed you cheated on him? Believers might seek pastoral counseling to decide what God's Word encourages them to do. Marriage counselors also may try to help married couples deal with the emotional and psychological situation, and attorneys (legal counselors) may try to help the couple negotiate the terms of their reconciliation or separation. Anytime a couple reconciles, separates, or divorce, there are legal issues involving their material possession, wealth, and how to share or divide them (depending on whether they are reconciling or separating). Mediators are also useful to facilitate agreements between the couple, and financial/tax advisors can help deal with economic considerations.

Does every married couple need the services offered by all those professionals? The answer is that, while it is not necessarily true that they will need all the aforementioned services, it is possible that they will need some or all of them. How does our married couple know which professionals they need to consult about their issues? Remember our 3 steps above, and give careful consideration to them: (1) identify and examine the issues/problems; (2) research what professionals offer relevant services; and (3) decide who to see in what order.

A few tips on the first step:
  • Be thorough in identifying the issues (sometimes it is human nature to ignore painful issues);
  • Examine them carefully to see whether they are physical/medical issues, emotional issues, psychological issues, spiritual issues, financial issues, business issues, and/or legal issues;
  • Be certain not to try and limit issues to being just one type of issue when it might fall under several categories; and
  • Prioritize the issues by importance.

Once the first step is complete, keep the following in mind when handling step no. 2:

  • Research does not have to be complicated - check first with people you trust that may be able to refer a professional s/he used in the past that provides the services you need;
  • The Internet can be a valuable resource, but it should not be the end of your search - try to talk to the professionals you find in person or at least on the phone before retaining their services;
  • Your insurer/employer can often provide referrals, especially to professionals covered by any insurance policies/employment benefits;
  • Don't forget to research professionals for each type of service you may need;
  • Research price upfront;
  • Ask questions of any professional you hire;
  • Be wary of professionals recommending other professionals (i.e. are they paid for their referrals by the recommended professional?);
  • Get second or even third opinions/estimates;
  • Get your agreement with the professional in writing; and
  • Seek wise counsel.

Regarding step no. 3:

  • Make certain you are in a healthy physical/spiritual position first;
  • Prioritize your goals - sometimes certain things (especially in the legal and financial/business realms) have to be done within a certain time-frame or you lose/waive some right or thing, while other things that may seem most important to us can be handled just as well after seeing to things that involve time constraints;
  • Keep an eye on the cost of services you receive (it rarely helps to get half of the services you need because you failed to budget for or negotiate services that you can actually afford or finance);
  • While counseling for your mental and emotional health is great, do not let your legal rights go unprotected or otherwise expire while seeing a mental health professionals (otherwise you are just going to add more stress to your already impaired mental condition - remember that your psychologist does not necessarily understand that your legal rights may be waived by inaction or delay);
  • Try, if you can, to think ahead and plan for the long term.

Example1: If you are chemically dependant on drugs, you may not want to get into trouble with the authorities, but you need to seek medical help first. Legal advice does little to help dead people (even estate planning must be completed, typically, while you are still alive). However, if the doctor says your condition is stable, you might want to delay checking into that rehab clinic for substance abuse counseling until you have spoken with an attorney (you might want to know, for instance, whether entering rehab will constitute a confession of illegal drug use that can subject you to criminal penalties or cost you your job). Also, talking to a financial advisor might be a good way to find out if financing that rehab clinic will put you into bankruptcy. There may be more cost-effective alternatives to that clinic in Beverly Hills you heard about on Entertainment Tonight. Also, will your treatment expenses be deductible on your next tax return?

Example 2: If you have kids, one of whom is disabled, and you are not in good health, then you probably need to consider estate and tax planning (I don't advise anyone to wait until their health is bad to do estate planning). First, you need to be alive long enough to do the planning, so check with your physician first. Second, your condition (and also the disability of your child) is a red flag that you might need to do some medicaid planning (tricky stuff). Attorney offer estate and medicaid planning advice/services. Some estate planning attorneys will do your gift/estate tax and other tax planning themselves, especially if it is a smaller estates. Other times, the attorney may need to consult a tax professional or accountant when planning your estate. However, accountants and tax professionals cannot do your estate plan alone, so it's best to go to the attorney first. If the attorney will need to consult with another professional, then you may want to inquire about the costs involved. Perhaps you can negotiate the fees or even recommend a more cost-effective provider. Finally, you may need to consult with a mental/emotional care provider (i.e. counselor, therapist) to deal with the stresses and anxiety of planning your estate (some people are really disturbed by the process of planning for death). Your church elders/pastors, if wise and faithful, can likely help you in different ways at every step of this process (by recommending professionals, by praying with you, and by helping you weigh the options).

***Disclaimer: I am an attorney, but I am not YOUR attorney, meaning that the advice in this blog post is general advice for the masses and not tailored to anyone's specific needs/concerns/issues. I advise anyone with a legal question or a conflict to speak with an attorney and give that attorney the benefit of all the facts. Obviously, the best legal advice will come from a skilled and trustworthy attorney fully acquainted with the situation you are facing rather than someone offering legal tips on a blog.

Tuesday, March 10, 2009

Free Legal Tip No. 1: Avoid Court by Making Peace

If you are reading ATI (this blog), then you most likely believe that Jesus Christ is the son of God, made flesh, and sacrificed for our sins. Assuming this is true, then you should be aware that Jesus had a few things to say about resolving conflicts. I am writing this post not only because I am interested in the subject personally and professionally, but also because I believe that many if not most churches have dropped the ball in this area.

To start the ball rolling again, lets look at Christ's words:

" 15If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. 16But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. 17If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector. 18Truly, I say to you,whatever you bind on earth shall be bound in heaven, and whatever you loose on earth shall be loosed in heaven" (Matt 18:15-18).

"Blessed are the peacemakers, for they shall be called sons of God" (Matt 5:9).

These verses are famous. Notice, these scripture are not directed at non-believers. They are a command to children of God to resolve their disputes in a way that is different from how the secular world resolves its disputes. When was the last time you heard of or saw someone take a dispute before the church body or leadership? Again, many churches have dropped the ball, but so have many believers. After all, the process starts with the believer, not with the church.

First, Christ advises us to attempt to resolve disputes among believers privately, by discussion between just the persons involved (see Matt 18:15). If a private discussion does not resolve the dispute, then Christ advises us to bring it before 1 or 2 other believers (Matt 18:16), but if the conflict continues, then Christ advises us to take it before the Church (Matt 18:17). Where someone refuses to listen to the Church, Christ advises us to treat him in the same fashion as a non-believer (Matt 18:17). Regardless, Christ has taught us that those who seek first to make peace shall be blessed (Matt 5:9).

As an attorney, I often see people, even believers, taking others to court. Often, the decision to sue someone is a person's immediate reaction to a conflict/dispute, and that is unfortunate. It is true that I get paid to handle litigation (civil lawsuits), but it is also true that I get paid to help people find less expensive, less damaging ways to resolve their problems. My favorite method is "Christian conciliation," which is a fancy way of saying: resolve your disputes Biblically!

There are many reasons to look to the Bible when presented with a dispute. The first is, obviously, to please, honor, and glorify God. Every conflict/dispute is an opportunity to for those involved to glorify God by following His Word. A second reason to resolve a dispute Biblically is that the Bible promises that persons striving to make peace will be blessed (Matthew 5 does not qualify that statement). Probably, any remaining advantages to Biblical resolution of disputes/conflicts flow from that blessing. However, to be more specific, there are three more really good reasons to resolve your disputes Biblically: (1) it works; and (2) it focuses on reparining damaged relationships not just chasing money; and (3) it is almost always cheaper/more cost-effective than going to court.

The following is a common fee structure for a superior court in Georgia: $85 to file for divorce; $80 for other civil actions (including business disputes and personal injuries); and $25 each time the sheriff has to serve someone with process (at least once per each defendant in a lawsuit). These fees are in addition to those of your attorney. Attorneys handle most cases on an hourly rate or a flat rate based on a projected number of hours at an hourly rate, so the longer it takes to resolve your dispute, the more it will cost you.

Litigation begins with the filing of a complaint and continues through judgment and all appeals. This process can take years to complete. The discovery (investigation) phase alone can last up to 6 months or more. While litigation might result in you receiving a money judgment, there is never a guarantee you will win. If you lose, then you are worse off than when you started. If you win, you may still get a judgment for an amount less than the cost of bringing the lawsuit, making the lawsuit a waste of time and money. Even if you get a huge judgment, it has to be collected, and it is tough to "squeeze blood out of a turnip," so to speak.

So, what is the Biblical alternative? First, try to work out your disputes privately, just like Christ encouraged. Often, conflicts can just be "taked out." Sometimes, in more difficult situations, negotiation resulting in a written agreement can be used to both prevent and settle disputes (it is often helpful, even at this stage, to get a legal professional to actually draft any written agreements to ensure that they will work in court, but you can also do it yourself).

If you cannot resolve a conflict with a fellow believer privately, then get a couple brothers/sisters from church to listen to all sides and help you work out the dispute. If that doesn't work, then get your pastor and the church involved. Surely you trust men and women of God to judge your dispute more than you would a secular judge/jury?

If none of these options work, then Christ tells us treat that opponent as a non-believer (assuming s/he is a believer to begin with). When that happens, it is time to discuss your options with an attorney (if you have not done so already). Remember, if you truly cannot afford to hire an attorney - there are non-profit organizations like Legal Aid available to assist you.

A good attorney will listen to your problem and walk you through the pros and cons of each option available to you (as opposed to just telling you what to do with no explanation). A good attorney should also advise you that there are alternatives to litigation and courts, even when dealing with non-believers. Your attorney can often negotiate a settlement or help you in obtaining a mediation or arbitration of the dispute. Mediation involves sitting down with a skilled mediator who listens to both sides and helps them find a mutually agreeable solution to the problem that the parties sign off on as a legally binding settlement. Arbitration is an alternative to litigation and trials where an arbitrator hears both sides and issues and issues a legally binding decision (much like a judge).

If you hire a Christian attorney (I know we're rare, but we do exist), then he will (hopefully) introduce you to Peacemaker Ministries (http://www.peacemaker.net/), which provides believers with Christian mediation and arbitration services that will focus on repairing the relationships involved rather than just the conflicts.

As a last resort, you can still take your opponent(s) to court. Christ advises us treat believers who refuse to resolve their disputes Biblically as though they were non-believers. Sometimes, it is best to "turn the other cheek," but this does not always result in making peace. Peacemakers are blessed, not peacefakers (the term "peacefaker" was coined by Ken Sande, president of Peacemaker Ministries and author of "The Peacemaker").

Ignoring a continuing, ongoing dispute is not making but faking peace by turning a blind eye to the conflict. There are disputes that have to be actively resolved, and "turning the other cheek" does not mean that we can just ignore all our problems until they go away. I could write a whole post on discerning which disputes can be overlooked and which ones cannot, but suffice it to say that there are disputes/conflicts (such as physical abuse, marital strife, employment disputes...) that must be resolved and cannot be overlooked if peace is to be made. When such a conflict arises, it is always wise to seek the Lord's will first. It is also wise, when someone is physically hurting you, to immediately seek legal counsel and judicial intervention to keep you safe until a solution is found and peace can be made.

Whatever you decide, remember that, as a Christian, we must consider both what gives glory to God and what will result in peace. Often the best way to discern what will give God glory in a situation is to read His Word, mediate upon it, and to pray. God will lead you out of the darkness.

Bottom line: going to court isn't cheap, and while it might get you some money, it rarely glorifies God or repairs any damage to the relationships involved. Also, there are usually alternatives available that are more efficient and cost-effective.

***Disclaimer: I am an attorney, but I am not YOUR attorney, meaning that the advice in this blog post is general advice for the masses and not tailored to anyone's specific needs/concerns/issues. I advise anyone with a legal question or a conflict to speak with an attorney and give that attorney the benefit of all the facts. Obviously, the best legal advice will come from a skilled and trustworthy attorney fully acquainted with the situation you are facing rather than someone offering legal tips on a blog.