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re: Any Married, Separated, Engaged or Single Males Here? An Important Tip...

Posted on 9/29/15 at 8:41 am to
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89741 posts
Posted on 9/29/15 at 8:41 am to
quote:

i've seen many in my professional life.


When I was in that business - and there were children involved - I would ask: "Was X a good father/mother?" Almost invariably the answer was "Yes". If it was, I would then say: "Okay - then I'm going to put some conditions on you for my represntation. I'm here to get you a divorce and to make sure there is a fair and equitable distribution of the marital assets AND a child custody arrangement. Keep in mind - I do not intend to pursue this as some sort of extension of all the marital fights and disputes. We're ending the marriage, so that renders all of that moot. Even though you're paying me, I view myself as an advocate for the children first and foremost. These children didn't choose this and they're entitled to a safe, loving home and access to both parents. In fact, I believe that should be the paramount concern of both parties, both attorneys and the court. I intend to proceed from that starting point. Now, having said all of that, do you still want me to represent you?"

No client refused on those grounds. That is where I believe attorneys and courts can improve this system - by taking that approach, rather than the mercenary, "I got into lawyering because I like to fight" motherfrickers. Save that for PI work.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425036 posts
Posted on 9/29/15 at 9:01 am to
quote:

No client refused on those grounds. That is where I believe attorneys and courts can improve this system - by taking that approach, rather than the mercenary, "I got into lawyering because I like to fight" motherfrickers. Save that for PI work.

i find the "i like to fight" is much more represented in family law attorneys than in PI

and i don't do much contested stuff anymore, but i will say community property issues are where people really get taken to teh cleaners, at least here. the system here insulates the judges from making decisions on custody and it's geared towards working out custody (via hearing officer, mediation, and pre-trial conferences if necessary). child support is a formula.

i used to just list off the major categories (custody, visitation, domiciliary status, child support, spousal support) and check them off one by one "well you're getting joint so i don't want to hear about custody again. the support is a formula so we're not arguing that very much." to focus on the areas of actual conflict. i'd go through them all and we'd pick which ones were at issue. if they picked too many, i would pass them to another attorney (even after telling them that the only people who win in a custody fight are the attorneys)

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