I have been following a local divorce attorney in Arizona who
offers a hand up to those contemplating or going through divorce. He’s aware of the many problems that exist in
the not so friendly divorce environment and he’s the proof that many attorneys
are professional hard working people and they aren’t just out to scam you and
take your money.
It only takes a few bad apples to sour people on
attorneys, the majority of our attorneys are good men and women who want to
assist their clients and give them the best representation possible in a court
of law.
I’ve blogged many times about pro se litigants hoping
they realize that although they have a right to represent themselves they also
have an enormous amount of responsibilities that accompanies this right of self
- representation.
Statistics report that over 50% of the pro se divorce
litigants don’t receive a favorable decision from the family law judge. It’s time to stop blaming the judge and /or
attorneys and do your homework. The
judge needs hard evidence and facts from the litigant to back up his or her statements. The divorce attorney can’t win a case if the
litigant refuses or neglects to produce the necessary documents that are
requested.
Here is the email that I received today from this
attorney – I believe there’s a lot of information that will help those going
through or contemplating divorce. No, I
don’t work for this attorney, nor have I ever met him, but it only makes sense
to publish this awesome email.
Tip #1. Begin your divorce education today.
You
need to educate yourself on the family law issues relevant to your unique
circumstances. This is one time when you really do need to do your homework, or
you will pay the price for your lack of focus and understanding. We have
designed this website for you, so take full advantage of the legal information
and resources available here -- it's convenient and it's free. When you set
aside time to learn about an issue, child visitation for example, the more
quickly you will grasp the legalities that your attorney needs to convey to
you. The more quickly you grasp how the law applies to your case, the less
you'll pay in attorney fees. We believe our website to be the most
comprehensive family law resource in Arizona. We feature a discussion forum
where people get their questions answered by a family law attorney. We have a
child support calculator so parents know what to expect with support
obligations. In our extensive collection of easy-to-understand legal articles,
we discuss important court cases and the laws affecting Arizona families. We
have a special section devoted to military divorce and our service men and
women. We also have free seminar videos on divorce and other family law
matters, available to watch at your convenience when you need the help. Our
website is a terrific resource for you and will significantly improve your
legal knowledge. That knowledge will manifest itself in your improved
efficiency, both in discussions with your attorney and in negotiations with
your spouse.
Tip #2. If at all possible, avoid litigation to resolve disputed
issues.
Litigation
is a very expensive method of resolving issues in your family law case, so it
should be avoided whenever possible. Never use litigation as a means to punish
your spouse or the other parent. You do have other very useful options.
Whenever possible, agreeing to alternative dispute resolution methods
(negotiation, mediation, ADR settlement conferences) to resolve as many issues
as possible, if not all of them, will save you time and money. In that way,
only the issues that simply cannot be agreed to are left for the court to
decide with finality.
Tip #3. If you and your spouse agree on something, then write it
down.
When
you and your spouse come to an agreement on an issue, such as parenting time
during summer vacations, then write it down. That is one less issue to be
resolved through negotiation, mediation, or litigation. You may actually find
that you and your spouse are in agreement on a fair number of the major
decisions that must be made.
Tip #4. Make sure the fee arrangement is reasonable before you
hire the attorney.
You
need a lawyer who tells you upfront what the attorney fees will be. No attorney
can predict what is going to happen as your case evolves, but he or she can
anticipate the proceedings and how many attorney hours will be involved at each
step. The attorney's billable rate must be discussed at the initial
consultation, otherwise you'll have no idea what costs to expect. You need to
know how you will be billed, how much of a "retainer fee" is
required, and so on, so you can budget your costs throughout the case. The last
thing you need is an attorney who routinely delays and drags things out, that
approach to divorce will only cost you more money. You deserve efficiency and
proficiency, nothing less.
Tip #5. Apply a cost-benefit analysis to every issue.
Not
every issue is worth fighting over, so be practical and selective about what
you want to spend your attorney dollars on. Don't let your emotions and
frustrations obscure your rational thinking. When you look at an issue with a
cost-benefit perspective, you'll stay focused on getting the divorce finished
and done with. For example, if you had to choose, would you prefer to pay your
attorney to negotiate over a used-toaster with your spouse's attorney? Or would
you prefer to pay your attorney to negotiate spousal support? Which is really
more important? It may seem silly, but people do get caught up in their
emotions and what they perceive to be a fairness issue. When it comes to
negotiations, focus on the important issues and let the little things, however
frustrating, go by the wayside.
Tip #6. Letting your spouse's lawyer do all the work will cost
you in the end.
Your
spouse's lawyer may be a real nice person, but he or she doesn't work for you
and is not looking out for your interests. Your penny-wise savings in letting
opposing counsel determine your future will almost certainly be pound-foolish
in the end.
Tip #7. You can do a lot of the work yourself, and that will
save you money and help your attorney.
The
time you take to be fully prepared will save you money. When your attorney asks
for photocopies of all of your financial accounts, for example, be thorough and
provide complete copies. You want your attorney to be businesslike and
efficient, you should be the same. Utilize your attorney's time, don't waste
it.
You don't need to speak with your attorney, for instance, when your
paralegal has the information for you. No matter which member of your legal
team is on the telephone, keep your conversations organized and to the point.
When you have a conference scheduled with your attorney, be fully prepared in
advance. When in negotiations, take reasonable positions.
Always
keep in mind the need to steer clear of litigation if possible. Remember, time
is money, and it is your money that we're talking about.
Sincerely,
Scott David Stewart
Attorney
As Always,
Little Tboca
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