Lawyers Archives

Do Lawyers for the Parents Have a Duty to Their Children?

March 28, 2023

Lawyers are officers of the court. That means that while a lawyer clearly has a duty to his or her client, a lawyer’s first duty is not to the client, but to the court. In child custody disputes, the court’s…

How Are Family Law Attorneys Expected to Handle a Decision Made by the Judge? Do They Call Their Client and Explain It? Do They Have Their Office Manager Send the Decision to Their Client Without Explanation?

March 22, 2023

Divorce Utah

Lawyers

lawyers

This is a great question because it is so basic, yet so important. These are the kinds of questions a client needs to have answered understood before he or she can ask—and understand the answers to—more complex questions. My guess…

Flat Fee Billing Questions

February 27, 2023

Divorce Utah

Attorney Fees, Divorce Attorneys, Divorce Costs, Divorce Lawyers, Divorce Preparedness, Finances, Lawyer Fees, Lawyers, Utah

attorney fees, billing rates, flat fee

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.…

Can You Win a Custody Battle Without an Attorney?

February 15, 2023

Divorce Utah

Child Custody, Custody, Dirty Tricks, Family Law, Lawyers, Legal Custody, Physical Custody

attorney, child custody, child custody battles

Can you? Meaning: is it possible? Of course it’s possible. Likely? That depends. I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer…

Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

February 13, 2023

Divorce Utah

Attorney Fees, Court Rules, Divorce, Divorce Court, Firing a Divorce Lawyer, Lawyers, Legal System

attorney ethics, conflict of interest, divorce attorney

Not likely. Black’s Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual…

Do Family Law Attorneys Typically Play Along With Unreasonable Client Demands?

February 2, 2023

Divorce Utah

Lawyers

lawyers, Unreasonable demands

The better question is: Do SOME family law attorneys typically play along with unreasonable client demands? The answer is, unequivocally, yes: some family law attorneys typically play along with unreasonable client demands. And their numbers are bigger than you’d guess.…

What advice would you give to someone who has just started a divorce?

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,…

Should I intentionally botch my hair follicle test?

December 2, 2022

Divorce Utah

Dirty Tricks, Judges, Jurisdiction, Justice and Equity, Lawyers, Legal System

court, criminal, deceive, drug test, evidence, guilty, hair follicle test, innocent, law, legal counsel, legal system, lie

Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I’ve been doing the last 6 months? First, learn the truth about hair follicle drug test…

Do attorneys ever have to represent relatives?

November 14, 2022

Divorce Utah

Court Rules, Divorce Attorneys, Divorce Lawyers, Justice and Equity, Lawyers, Legal System

attorney, conflict of interest, duty, law, lawyer, legal, moral dilemma, officer of the court, relative, representing a relative

Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone any particular legal advice) as it applies in the jurisdiction…

When it comes to divorce and family law firms, never hire on faith and hope

October 28, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal Assistant

divorce law, divorce law office, divorce lawyer, good lawyer, law office, law staff

Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the diversity of competence and incompetence unless you do). Don’t be…

Why are so many attorneys seemingly against legal separation?

Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have already started the divorce process. Can it be switched? I…

Do top lawyers advertise?

October 4, 2022

Divorce Utah

Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Lawyers, Legal System

advertisement, advertising, affordable lawyer, fire a lawyer, hire a lawyer, law firm advertising, lawyer, top lawyer, who is the best lawyer

I have yet to see the best of the best lawyers advertise, and the most likely explanation is that they don’t advertise because they don’t need to advertise. But if you think this means any lawyer who doesn’t advertise “must…

How much should you trust your lawyer? Part 2

August 30, 2022

Divorce Utah

Court Orders, Court Rules, Divorce Attorneys, Divorce Lawyers, Firing a Divorce Lawyer, Hiring a Divorce Lawyer, Judges, Lawyers, Legal System

attorney, comment, lawyer, legal counsel, legal system, research, response, trust

This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I’ve encountered with attorneys isn’t legal competence but the “to a hammer, everything looks like a nail”…

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…

How do you win a case against your ex for false accusations?

August 23, 2022

Divorce Utah

Dirty Tricks, Divorce, Divorce Court, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Procedure, Family Law, Fathers' Divorce Issues, Judges, Justice and Equity, Lawyers, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such a skill/power would superhuman/miraculous. False accusations exist because they often…

What will the court do if I do not sign a letter sent by my ex-husband?

What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony of $20,000.00 that he is in default already and has…

What are two lines of work that fit together well?

August 17, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Lawyers

business of law, contractor, John Grisham, law firm, law practice, lawyers, novelist, novels, remodeling

What are two lines of work that fit together well? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want to interact with each other any more than necessary. I…

Is it illegal for a lawyer to charge their ex client for a copy of their case file?

August 16, 2022

Divorce Utah

Jurisdiction, Justice and Equity, Lawyers, Legal System, Utah, Utah Law

attorney, law practice, lawyer, legal professional, professional, Rules of Professional Conduct, Utah, Utah law, Utah Supreme Court

Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah the answer is: If you were previously given your case…

Is it easier to get a divorce if you and your spouse have nothing shared?

Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of cases. You identified three of the top four reasons, in…

Would the divorce rate drop if the parties had to see a psychologist first?

What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce? Your intentions are good, your proposal won’t work. Short answer:…