Post by Hopey5000Picking a specialist is a mixed bag. I think divorce specialists will be
familiar with many of the latest decisions which is a plus and also have a
sense of how judges rule.
On the other hand, many divorce attorneys
1) tell clients what they want to hear because if you don't they will think you
are
a) colluding with the other side, b) not aware of the other spouse's
manipulations and deceptions, c) a pussycat, when what is needed is a tiger.
2) divorce lawyers have the highest rate of financial disputes.
Unfortunately
Post by Hopey5000rather than charging less or periodically reducing their bills as other lawyers
do, divorce lawyers, a) document their time to an extent far more than other
lawyers, b)
confirm and re-confirm many things so that even small things tend to be
time-consuming and expensive, c) bill on a monthly basis with the assumption
there will be a dispute, d) do things like ask a client for a mortgage on the
home, which is rarely done outside the matrimonial area.
3) draw legal papers to cater to the client's emotional needs
(defendant's
Post by Hopey5000conduct is outrageous, an afront to the court, calling for the severest
sanctions,... never have I seen such outrageous misrepresentations, etc... )
As a result the tend to a) be less persuasive to judges who dislike hyperbole
and emotion,
b) prolong disputes because of these attacks, c) create disputes over small
items rather than narrowing the areas of dispute.
4) conduct negotiations to impress the client rather than narrow the issues in
dispute, make concessions, acknowledge fault, things which can facilitate
resolution. Insteat 4 ways discussions with clients present which each lawyer
trash-talks about his own abilities, and attacks the adversary, and expands the
areas in dispute is unfortunately the norm.
Is it? Is it the norm? Or is it that the client(s) (us) are typically
overwhelmed emotionally when we go in, and hence have difficult time in
calmly seeing the issues. The lawyers role is to facilitate their client's
requests.
That said, yes I think that divorce lawyers could sometimes be more
proactive in stopping conflict, but the nature of the system currently, as I
see it, won't let that happen. If a lawyer had the possibility for being
sanctioned for postponing and expanding conflict, then they could point to a
client and say, "I can't do that, nor can I support that position, because
the judge will ultimately rule that it will fail and I will be held liable."
Now, the problem with that is that in cases like mine, for instance, where I
am fighting an uphill battle because of, IMHO, the system, I wouldn't stand
a chance, and the status quo would be preserved, and hence half of the
parties in a divorce (or a third, as we should include kids perhaps) would
lose out.
Either the entire system needs to be reformed such that there is a fairly
clear cut guideline of who gets what and what happens with the kids (in
fairness starting from 50/50 on everything), or the adversarial system needs
to be maintained. THe other thing to do is to have a mandatory 18 month
cooling off period, with a set amount of support and whatnot and 50% of
child custody. Hopefully, after that amount of time, then the litigants,
erm, I mean the parties, would have come to a more rational assessment of
what is happening, and be able to give instructions to their solicitors much
better. I know that I am better at instructing my solicitor this go around
because there is more of a business approach then in the days and weeks
after my ex left. I still get emotional, but I am much better placed to
ask, "What will the impact of doing [x] be?" before saying, "Okay, do [x]
anyway."
The best thing that one can do in choosing a lawyer is to firmly place
emotion to the side, look firmly to what one is trying to accomplish,
ascertain whether that is a) reasonable and b) attainable, and if it is not
b), then whether one wishes to pursue anyway.
Rambler
Post by Hopey5000Subject: Re: Recommendation for a Good Divorce Lawyer in Williamson or Travis
Cty, Texas?
From: "Rambler" iamramblerat yahoo dot com
Date: 8/4/2004 8:19 PM Eastern Standard Time
Post by NoneCP is trying to move out of state with the kids. Need a good divorce
lawyer.
Well, I would start looking for one then. Best thing to do is to interview
them.
There have been some posts on here about chosing a good attorney, one being
that they should specialize/concentrate in family law, not be a generalist.
But asking for and following a recommendation without interviewing and
knowing what you want is a recipe for disaster. Most attorneys offer a free
initial consultation, so get together a list of questions, call them up, and
go interview them
Rambler