Joseph A. Leta, Attorney at Law

The force is strong with this one.

I'm still not entirely sure what this is supposed to signify, but the law offices of Bakshi & Leta fully support Red Nose Day!

From a person who represents a lot of individuals that have severe drug addictions it is rare that I get to celebrate a success story. Today one of my long time clients gave me a rare glimmer of hope. This client found herself into a variety of criminal issues most recently stealing large sums of money from friends and family to purchase opiates. By the time I got involved she was on the run and potentially facing many years in jail. Yet her family and friends stood by her a...nd gave her strength. They believed in her. A District Attorney took a chance and believed in her. A judge toon a chance and believed in her. The forces of the judiciary combined to give her one last chance and enter into a drug court program. For months she worked hard and remained sober. Today she appeared in front of that same judge for the last time as he congratulated her and sent her on her way without a day spent in jail. In the past year since this began she got married, went back to school, continued in counseling after successful discharge, and now wants to assist others through the local drug courts. Did she beat the addiction...no, I truly believe addiction is never beat. But through the faith of her friends and family, the courts, the district attorney, the drug court and her counsellors she now has the tools she needs for long term sobriety and I truly believe she can make it. If there is someone in your life suffering from addiction I think the greatest gift you can give them is faith that you believe in them. Give them strength where the rest of the world is trying to take that strength away. This person may let you down again and again, but eventually if you truly have faith in who they are as a person, they may live up to that person you have treated them as. Your faith when they deserve it least may save their life. I want to thank this client for giving a cynical and jaded man new perspective. Congratulations.

On September 25, 2015 Governor Cuomo signed into law new legislation which overhauled our maintenance laws for divorce actions in New York State. This means there may be strategic advantages to beginning your divorce immediately or waiting until February of next year. Here's a primer on the major changes with the new law: 1) There is now a formula for final maintenance (alimony) awards by the Court which tweaked the previous temporary maintenance formula by creating a se...condary formula whether or not the maintenance payee is also paying child support. This is something that many divorce practitioners were doing as a practical matter, but now has been codified. What does this mean for the divorcee? Your divorce will not be simpler and quicker since there is a formula to rely on for maintenance as there is a formula for child support. 2) There is an income cap for maintenance established at $175,000.00. This will be treated different than the child support cap, because the court specifically allows a Court to award maintenance on income over $175,000.00 at their discretion based on specific statutory factors. 3) There is also a duration of maintenance guidelines based on the length of the marriage. Therefore if you were married 0-15 years the duration of maintenance would be 15-30% of the length of the marriage, 15-20 years would be 30-40% of the marriage, and 20 plus years would be 35-50% of the marriage. However, the statute still allows for lifetime maintenance in some circumstances. 4) The Court abolished the generally hated O'Brien claim that allows a court to equitably distribute enhanced earnings as associated with a degree obtained during the marriage. This case led to many windfalls and leverage where there should not have been such. Now any degrees earned (enhanced earnings) during the marriage will be taken into consideration as an opt out of the formula for maintenance. 5) Retirement of a party paying maintenance (if awarded by a court) would be grounds to modify maintenance. However, if the parties entered into an agreement the grounds for modification is still extreme hardship. The sections regarding temporary maintenance take effect on October 25, 2015 and the remaining sections take effect on January 25, 2016. Call me to discuss if your divorce will be affected by these new laws and when would be the best time to file.

This Weekend: Ellicottville Oktoberfest = DWI traps everywhere Be safe, drive sober.

I feel like sharing today (which my Wife will tell you is something I rarely do)! Many people do not know that in addition to being a fabulous lawyer, I also have an M.B.A. Much of my practice focuses on business consultation, creating new entities, and drafting/negotiating contracts. My partner and I represent many local corporations and LLCs, which consult with us regularly and rely on our humble, invaluable advice. I believe in Buffalo and the underlying infrastructure which is necessary if we are to grow as a City. I want to do my part in helping this City grow, call me with inquiries. To quote the clearly dated, but always relevant Jerry McGuire: "Help me, help you."

One month ago I posted a poem by William Empson entitled "Legal Fiction" with commentary on our "legal fiction" and our collective societal hallucinations. While my conclusion was noncommittal on whether or not this was a "good" thing, my goal was to highlight the fact the emperor was not wearing his drawers, and that many aspects of our society are based upon this very collective lie. Therefore, imagine my elation this week when NPR played this interview with Yuval Noah Har...Continue reading

I just found the poem I've attached below (for your pleasure), and I can not help but ponder the Lie (or collective hallucination) upon which our entire society (and more importantly my career) is built. A Legal Fiction that we all buy into that was drafted well before our time, that we had no control in creating, yet we believe in as the Almighty God. For should we not believe in this "Almighty", life as we know it would cease to exist and chaos would erupt upon the world......Continue reading

Just reminding everyone that tonight is amateur night and DWI checkpoints will be rampant. Be safe and have a wonderful New Years.

The future of Joseph A. Leta, Attorney at Law: Matrimonial Mediation. In the past several years, several of our local, so-called "Matrimonial Mediators" have made a mockery out of attorneys living up to all of the various stereotypes which plague my profession: --Overcharging clients while they are in their greatest time of need;... --Not following through or even being familiar with proper matrimonial procedure and law; --Allowing a dominant spouse to run rampant over a submissive spouse; --Drafting lazy Property Settlement and Separation Agreements which run on the razor's edge of legal malpractice; and --Offering no assistance in the intricate process of filing a Judgement of Divorce. Matrimonial Mediation is an art of balancing divergent interests clouded by intense emotions and heartbreak. --It involves allocation of funds to make sure the non-monied spouse and the monied spouse can survive independently of someone whom they have grown co-dependent. --It involves a deep understanding of matrimonial law, and the Court cases which have shaped its development and future growth. --It involves knowing people and their motivations and emotions which shape the nature of the negotiations and creating a win/win out of a no-win situation. --It involves insulating innocent children from their parents' "adult problems," and seamlessly transitioning them into this major change in their lives. These high minded goals can always be achieved in the right environment by the right mediator. I have practiced matrimonial law since passing the New York State Bar over 10 years ago. I have negotiated settlements in the most difficult of situations and drafted literally hundreds of creative Property Settlement and Separation Agreements. I have done this in an adversarial position and feel strongly that most divorces do not need to end up that way. However, I truly believe a mediator must have this adversarial training to be effective. Next time you hire a local mediator, ask them about their adversarial training. I am sure you will be surprised by the lack of an answer. I have spent the last several years fixing many costly mistakes made by a poorly-qualified Western New York mediators in a poorly drafted agreement. It is about time that some quality mediators enter into the ring to a provide the proper service to the citizens of Western New York. I am Joseph A. Leta, Attorney at Law, and I am an effective and well-qualified matrimonial mediator. Please share post this with your friends and family so they can benefit from my experience and skills, and help spread the word.

The most frequent question I am asked is what kind of law do you practice. To answer this simply, I am a fixer. If there is any legal problem with you, your family or friends, I should be the first call you make. If I can help you I will vigorously represent your interests. If I can not help you, I have a large network of Western New York's finest attorneys that I can bring on board. I have handled everything from speeding tickets to multi-million dollar divorces; from setting up a small LLC to transactional work with our areas largest, local corporations. Perhaps Vanilla Ice said it best: "If you got a problem, yo I'll solve it." Call me today. Please share this with your family and friends!!

Trying out new slogans: Hurt by a Cheetah...