Flat Fee Billing Questions
I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if the case is a an unusually challenging or demanding one.…
Is There a Way to Get Legal Action on Child Support for Free?
Free or inexpensively? Yes, there are ways. Each jurisdiction has different ways of providing these free and/or inexpensive legal services. With rare, if any, exception, these free and/or inexpensive legal services are limited to those who are poor, those who…
What advice would you give to someone who has just started a divorce?
Divorce, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Education, Family Law, Fathers' Divorce Issues, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyer Fees, Lawyers, Legal System, Men's Divorce Issues, Mental Illness, Mothers' Divorce Issues, Women's Divorce Issues
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost surely not what you think they are. They are scarier,…
If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?
While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned portion of that retainer/deposit if you terminate that attorney’s services,…
How much should you trust your lawyer?
The more power to be entrusted, the higher the stakes, the less I trust anyone under such conditions. Many of us find or will find ourselves in a situation where we must retain an attorney’s services. Essentially, it must be…
Fox v. Fox 2022 UT App 88 – alimony
Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Debts, Discovery, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Finances, Findings of Fact and Conclusions of Law, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Preparing for Divorce, Procedure and Evidence, Property Division, Utah Code, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law, Women's Divorce Issues
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…
Why are child support and custody attorneys so expensive?
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly; and is miserable. This is why people with family law…
Do lawyers approach people in high profile cases to offer their services?
Do lawyers typically approach people who will have high profile cases, like Kyle Rittenhouse, to offer their services? Some do. Some do because they are allowed by the ethical rules of their jurisdiction to do so. Some do regardless of…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Custody, Divorce, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Family Law, Fathers' Divorce Issues, Judges, Lawyer Fees, Legal Custody, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Physical Custody, Procedure and Evidence, Sole Custody
Hinds v Hinds-Holm – 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 174905091…
Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate
Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues
2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…
What is a costly part of divorce that almost no one thinks of ahead of time?
Every aspect of divorce. Every single one. Two cannot live separately and divorced for less than they did together. Litigation is mind-bogglingly expensive and protracted. Even an uncontested divorce can result in tremendous expenditures incurred to get divorced, a substantial…
Law from a legal assistant’s point of view, week 20: Lawyers
By Quinton Lister, legal assistant My boss at the law firm where I work (Utah Family Law, LC) has informed me more than once that, “divorce lawyers are, with few exceptions, terrible people”. I am still not sure how I feel about assigning this description…
Why is a lawyer charging me $1,500 for a court order?
I do not know. Ask your lawyer. And ask sincerely. Feel free to be frank, but ask sincerely. If his/her answer does not make sense (and you’re being honest with yourself and not trying to act as though you don’t…
I have no money and a non-cooperative ex, how do I get legal help?
How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order? In some jurisdictions there are legal services that exist for the purpose of helping the poor.…
How to Avoid Hiring the Wrong Divorce Lawyer
So you’ve paid your divorce attorney $10,000 or so, it’s been 6 months, and essentially nothing’s getting done. What went wrong? It could be many things. If you have a bad lawyer (and that’s highly possible) you have my sympathies.…
How do I best grab the attention of an attorney regarding a child custody case that is unusual, difficult, and I need help?
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s not just the best way, it’s effectively the only way.…
What questions do people ask about divorce?
Alimony and Support, Attorney Fees, Child Custody, Child Support, Child Support Calculation, Custody, Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Fathers' Divorce Issues, Finances, Lawyer Fees, Lawyers, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues
The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What is your retainer amount?” “If my spouse and I agree…
How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce, and they start to realize that they’re not going to get money from the other spouse.
Good question. It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes but defers payment in the hope that he/she will…
How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce and they start to realize that they’re not going to get money from the other spouse.
It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but defers payment in the hope that he/she will be paid…
How do I get free legal advice from a family law attorney on the custody of my 2 nieces?
In my experience, free legal advice is worth what you pay for it, but I understand that there are some (even many) who simply cannot afford an attorney (or believe they can’t) who need legal advice or assistance. There are…