Off the Record: A Legal Podcast

Elder Law Matters: Protecting Your Future

Episode Summary
In this episode, attorney Rhett Burney and guest attorney Leslie Fisk provide valuable insights into what lawyers wish their clients understood but may not be able to say directly. They discuss the importance of managing expectations, being honest with your attorney, the impact of social media and courtroom behavior, and how the legal system’s human element can affect outcomes. The episode wraps up with a reminder that attorneys need personal time to recharge, ensuring they can represent their clients effectively.
Timestamps
[00:26 – 00:35] Unrealistic Expectations: Are lawyers magicians?
[00:35 – 02:14] High Expectations & Limitations: Navigating what’s possible
[02:14 – 04:10] The Truth Factor: Why honesty is critical in legal cases
[04:10 – 05:31] Attorney-Client Privilege & Private Discussions
[05:31 – 07:01] Social Media & Courtroom Behavior: How it affects your case
[07:01 – 08:00] Cooperation and Big Picture Strategies in Family Cases
[08:00 – 10:04] Imperfect Legal System: Judges, juries, and human error
[10:04 – 12:17] Setting Realistic Expectations: Judges are human too
[12:17 – 12:29] Attorneys Need Personal Time: Balancing work and downtime
 
About The Show
Off the Record Legal Podcast offers an inside look at the legal world with practical advice and candid discussions led by attorney Rhett Burney, often joined by guest experts like Leslie Fisk. The show aims to demystify the legal process, helping listeners understand what attorneys wish their clients knew about honesty, courtroom behavior, managing expectations, and the reality of working within an imperfect legal system. With relatable anecdotes and clear guidance, the podcast is designed for anyone navigating legal challenges or simply interested in how the law operates behind the scenes.
 

Custody and Change: What You Need to Know About Relocation After Divorce

Episode Summary
In this episode of Off the Record, Kevin, Rhett, and Leslie discuss crucial insights attorneys want their clients to understand for a smoother legal process. They emphasize the uniqueness of each case, how emotions can cloud judgment, and the significance of clear client communication. They also address social media's impact on legal cases and the importance of patience with the legal system. Throughout the episode, both attorneys convey their deep commitment to their clients' well-being, despite the challenges of their profession.
 
Timestamps:
[00:24 - 01:57] Importance of case uniqueness and jurisdiction differences
[01:58 - 03:45] Impact of emotions on legal decisions and examples of emotional disputes
[03:46 - 06:29] Dangers of social media in legal cases and public online behavior
[06:30 - 08:40] Clients' role as part of the legal team and need for active involvement
[08:41 - 10:31] Time-consuming nature of legal processes and court delays
[10:32 - 12:24] Managing client expectations around case duration and system inefficiencies
[12:25 - 12:54] Attorneys' personal care and dedication to client outcomes
 
About The Show
Off the Record is a legal podcast hosted by Kevin Rosenquist alongside attorney Rhett Bernie, with frequent expert insights from guest attorney Leslie Fisk. The show offers practical advice and behind-the-scenes perspectives on the legal process, aiming to bridge the communication gap between attorneys and clients. Each episode dives into common misconceptions, emotional challenges, and procedural complexities that clients face, providing guidance on how to navigate legal issues effectively. Whether discussing the impact of social media on court cases or the importance of patience in lengthy legal battles, Off the Record emphasizes empathy, clarity, and teamwork in achieving the best outcomes. Ideal for anyone seeking a deeper understanding of the legal system, the podcast combines professional expertise with approachable, real-world advice.
 

Complex Custody Solutions: Co-Parenting in South Carolina

Episode Summary
In this episode of Off the Record, Kevin Rosenquist and attorney Rhett Burney are joined by Leslie Fisk, a fellow attorney in Rhett’s office, to discuss essential things attorneys want their clients to understand but may not always communicate. They cover topics such as the importance of honesty between clients and attorneys, the need for patience in communication due to attorneys' busy schedules, and the crucial role of thorough preparation in legal cases. The discussion also touches on managing client expectations regarding legal costs and the emotional toll of litigation, with advice on balancing legal support with mental health care.
 
Timestamps:
00:00 – 00:22: Introduction to the episode and guest attorney Leslie Fisk.
00:22 – 02:08: Importance of honesty between clients and attorneys.
02:08 – 03:12: Attorneys providing honest, sometimes tough feedback.
03:12 – 04:27: Example: 50/50 custody and managing expectations.
04:27 – 06:37: Communication challenges and prioritization of cases.
06:37 – 07:21: Importance of trial preparation time.
07:21 – 09:54: Detailed preparation: Document requests and client involvement.
09:54 – 11:04: Predicting legal costs and unexpected complexities.
11:04 – 12:17: Litigation phases and keeping costs manageable.
12:17 – 12:57: Staying focused during consultations to reduce costs.
12:57 – 13:14: Importance of therapy during litigation for emotional support.
 
About The Show
Off the Record is a legal podcast hosted by Kevin Rosenquist, featuring attorney Rhett Burney and guest experts from the legal field. The show dives into practical legal insights, offering listeners a behind-the-scenes look at the attorney-client relationship, courtroom preparation, and the complexities of legal proceedings. Each episode covers essential topics like honesty with your attorney, managing expectations, the importance of thorough case preparation, and navigating the emotional toll of litigation. Designed to educate and empower, Off the Record is a valuable resource for anyone seeking to better understand the legal process.

Trusts and Estate Planning

Episode Summary:
In this episode of "Off the Record," attorney Rhett Burney discusses the importance of trusts and estate planning in South Carolina. He explains the differences between a will and a trust, highlighting how a trust can help avoid probate and protect assets. Rhett offers advice on when to create a trust, the different types available, and the common mistakes people make when setting them up. He also emphasizes the need for ongoing planning and how proper estate planning can help preserve family harmony while ensuring assets are distributed as intended.
Timestamps:
[00:38 - 01:23] What is a Trust and How Does it Work?
[01:24 - 02:46] Why Consider a Trust Over a Will?
[02:47 - 03:58] The Importance of Planning Early
[03:59 - 04:12] Speaker's Personal Experience with Estate Planning
[04:13 - 05:09] Misconceptions About Trusts
[05:10 - 06:00] Common Types of Trusts and Who Needs Them
[06:01 - 06:52] Special Needs Trusts and Their Benefits
[06:53 - 08:03] Administering a Trust After the Grantor’s Death
[08:04 - 09:39] Mistakes People Make When Setting Up Trusts
[09:40 - 10:52] First Steps in Creating a Trust
[10:53 - 12:25] The Importance of Regularly Updating Your Trust
[12:26 - 14:25] How to Decide What to Include in a Trust
[14:26 - 15:37] Tax Considerations and Trust Planning
[15:38 - 17:17] Final Advice for Listeners on Estate Planning
About The Show"Off the Record Illegal Podcast" hosted by Kevin Rosenquist features attorney Rhett Burney as they explore important legal topics with a focus on practical advice for individuals and families. In each episode, Rhett provides insights on legal matters, such as estate planning, family law, and asset protection, breaking down complex concepts in an accessible way. The podcast aims to help listeners understand their rights and responsibilities, offering expert guidance to navigate the intricacies of legal processes and avoid common pitfalls.

Coping with Conflict: Strategies for High-Conflict Divorces

Episode Summary
In this episode of Off the Record, attorney Rhett Burney discusses high-conflict divorces, their emotional and legal challenges, and strategies for navigating these tough cases. He shares insights on managing conflict, the importance of mediation, and effective communication during divorce proceedings. Bernie also provides advice on finding the right lawyer and managing client expectations in high-conflict situations.
Timestamps
[00:00 - 00:37] Introduction to Family Law and High Conflict Divorces[00:37 - 01:41] Emotional and Legal Challenges in High Conflict Divorces[01:47 - 02:57] Managing Conflict in High Conflict Divorces[03:49 - 04:25] Triggers of Conflict During Divorce (Affairs, Money, Children)[04:43 - 05:32] Managing Conflict: Mental and Physical Health Strategies[05:32 - 06:41] Importance of Listening to Your Lawyer and Support Systems[06:48 - 08:25] Role of Mediation in High Conflict Divorces[08:29 - 09:11] Success Rate of Mediation in High Conflict Cases[09:22 - 10:09] Unexpected Outcomes in Mediation (Reconciliation)[10:20 - 11:42] Legal Strategies for High Conflict Divorces[11:53 - 13:39] Managing Clients Who Are Stubborn or Resentful[13:47 - 14:58] Effective Communication Strategies in High Conflict Divorce[16:56 - 18:31] Advice for Those Heading into High Conflict Divorce
About The Show
"Off the Record" is a legal podcast hosted by attorney Rhett Burney, where he dives deep into various aspects of family law, particularly focusing on high-conflict divorces. In each episode, Rhett offers valuable insights into the emotional and legal challenges clients face during divorce proceedings, sharing strategies for managing conflict, the role of mediation, and the importance of effective communication. With his extensive experience in family law, he provides listeners with practical advice on navigating difficult situations, managing client expectations, and understanding the legal process in South Carolina, all while stressing the importance of empathy and thoughtful legal strategies.

Understanding Custody Matters in South Carolina

Episode Summary:
In this episode of Off the Record Legal Podcast, attorney Rhett Burney discusses important aspects of family law in South Carolina, focusing on custody matters in divorce cases. Rhett explains the factors courts consider when determining custody, including the best interest of the child, parents’ schedules, and the child’s preferences. He covers topics such as 50/50 custody, primary and joint custody, modifications to custody arrangements, and the role of communication between parents. Rhett also highlights what to do if one parent is violating a custody agreement, and offers advice on how parents can improve their chances of securing favorable custody arrangements.
 
Timestamps:
00:00 – 00:28 – Introduction to family law in South Carolina
00:33 – 01:12 – Main factors courts consider in custody decisions
02:07 – 03:05 – 50/50 custody in South Carolina
05:05 – 06:31 – Factors for joint custody vs. sole custody
06:41 – 07:48 – How relocation affects custody decisions
07:48 – 08:32 – Special considerations for special needs children in custody
08:50 – 09:33 – Consequences of violating custody agreements
13:14 – 14:16 – Modifying custody agreements after divorce
15:03 – 17:33 – Improving chances of securing favorable custody arrangements
About The Show"Off the Record Legal Podcast" is hosted by attorney Rhett Burney and covers essential legal topics, with a focus on family law in South Carolina. In each episode, Rhett offers insightful discussions on common legal issues, such as child custody, visitation rights, and modifications to custody agreements. The podcast provides listeners with practical advice, helping them understand complex legal processes and navigate difficult situations, like custody disputes and enforcement of court orders. With expert guidance and real-world examples, the show is a valuable resource for anyone seeking to better understand family law matters.

Episode 4: South Carolina Probate Unveiled: Dispelling Myths and Confusion

In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney tackle the common misconceptions surrounding probate in South Carolina. They discuss people's typical fears about the probate process, including concerns about it being lengthy, complicated, and financially burdensome. Rhett emphasizes that while probate is often daunting, it can be manageable with the right professional guidance. The conversation highlights the importance of hiring an expert to navigate the process, comparing it to attempting a home renovation without experience. Tune in to better understand probate and dispel the myths that might be causing unnecessary anxiety.
Timestamps:
[00:02:49] Estate planning to avoid probate.
[00:04:36] Importance of written wills.
[00:07:19] Poor estate planning consequences.
[00:10:26] Common mistakes in probate process.
[00:14:45] Treasure map for loved ones.
[00:17:26] Estate planning for loved ones.
 
About The Show
Welcome to Off the Record: A Legal Podcast, hosted by Kevin Rosenquist, where we explore critical legal matters with expert insights from Attorney Rhett Burney. In each episode, we dive deep into essential topics ranging from family law to estate planning and probate in South Carolina.

Navigating Divorce in South Carolina: What you need to know

In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney explore current trends in family law, specifically focusing on divorce rates in South Carolina. Rhett shares his insights, suggesting that divorce rates may be higher than the commonly cited statistic of 50%, estimating that approximately 55% to 60% of marriages end in divorce. They discuss societal attitudes towards commitment, the rise of alternative relationship structures, and the potential for declining marriage rates impacting the future of divorce lawyers. The conversation highlights the evolving landscape of marriage and divorce, reflecting on how generational shifts influence these trends. Tune in for an engaging discussion that sheds light on the realities of family law today.
Timestamps:
[00:01:21] Divorce trends in South Carolina.
[00:04:35] Self-representation in legal matters.
[00:06:49] DIY divorce pitfalls.
[00:12:02] Importance of legal representation.
[00:14:10] Complexities of divorce matters.
[00:17:20] Bad advice during divorce cases.
About The Show
Welcome to Off the Record: A Legal Podcast, hosted by Kevin Rosenquist, where we explore critical legal matters with expert insights from Attorney Rhett Burney. In each episode, we dive deep into essential topics ranging from family law to estate planning and probate in South Carolina. Whether navigating a divorce, planning your estate, or dealing with probate issues, Rhett brings clarity, expertise, and practical advice to help you understand the complexities of South Carolina's legal landscape.

Estate Planning Essentials in South Carolina: A Guide to Your Future

In this episode of Off The Record, host Kevin Rosenquist sits down with attorney Rhett Burney to explore the essentials of family law and estate planning in South Carolina. Rhett discusses the importance of estate planning, particularly in divorce, highlighting that everyone will face the reality of death and the necessity of preparing for it. He simplifies estate planning to determine what happens to our belongings after we pass away and emphasizes the importance of advanced directives, such as health care powers of attorney and living wills. The conversation underscores the need for legal documents that can assist individuals before death, particularly as they age or face health challenges. Tune in to gain insights on effectively planning for the future and protecting your loved ones.
Timestamps:
[00:02:10] Estate planning for everyone.
[00:04:02] Estate planning is important for families.
[00:07:09] DIY estate planning risks.
[00:12:18] Wills versus trusts explained.
[00:13:45] Importance of proper estate planning.
[00:17:21] Honest legal advice approach.
About The Show
Welcome to Off the Record: A Legal Podcast, hosted by Kevin Rosenquist, where we explore critical legal matters with expert insights from Attorney Rhett Burney. In each episode, we dive deep into essential topics ranging from family law to estate planning and probate in South Carolina. Whether navigating a divorce, planning your estate, or dealing with probate issues, Rhett brings clarity, expertise, and practical advice to help you understand the complexities of South Carolina's legal landscape.

Family Law 101: The Anatomy of Family Law in South Carolina

In this episode of Off The Record, host Kevin Rosenquist sits down with attorney Rhett Burney to explore the essentials of family law in South Carolina. Rhett shares his motivations for practicing family law, revealing that his desire for variety and excitement drives him to thrive in this dynamic field. He discusses the fast-paced nature of his work, which involves frequent court appearances, mediation, and client interactions. The conversation highlights the broad spectrum of family law cases, including divorces, custody disputes, visitation issues, alimony, adoptions, and name changes. Tune in to gain insights into the challenges and rewards of practicing family law in South Carolina.
Timestamps:
[00:01:36-00:01:47] Common types of family law cases.
[00:06:07] Settling family law cases.
[00:08:07] Personalities driving legal trials.
[00:12:07] The value of mediation.
[00:14:49] Hiring a divorce attorney.
[00:15:30] The power of mindfulness.
About The Show
Welcome to Off the Record: A Legal Podcast, hosted by Kevin Rosenquist, where we explore critical legal matters with expert insights from Attorney Rhett Burney. In each episode, we dive deep into essential topics ranging from family law to estate planning and probate in South Carolina. Whether you're navigating a divorce, planning your estate, or dealing with probate issues, Rhett brings clarity, expertise, and practical advice to help you understand the complexities of South Carolina's legal landscape.