attorney Archives

What Does It Mean When Your Partner Hires an Attorney and Says He/She Is Going to Fight for Custody of the Children? How Likely Is It That They Will Get Sole Custody of the Kids?

April 5, 2023

Merely hiring an attorney does not give one an automatic advantage in a divorce and/or child custody case. It can, but it’s not guaranteed. Why? Because some attorneys are incompetent. Being represented by a really bad attorney might even be…

What Are the Benefits of Hiring an Experienced Family Law Attorney for Your Divorce and Custody Matters Instead of Representing Yourself?

April 4, 2023

Divorce Utah

Attorney Fees

attorney, pro se

I am a divorce lawyer. You may believe, consequently, that my response to your question is going to be self-serving and that I am going to tell you that you should hire an experienced family law attorney. You are wise…

How Much Is a Family Attorney?

March 24, 2023

Divorce Utah

Attorney Fees, Uncategorized

attorney, price

The American Bar Association has general rules on fees you can find here: ABA Model Rules of Professional Conduct Rule 1.5. I will answer this question as it applies in the jurisdiction where I practice divorce and family law (Utah). Each…

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…

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,…

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…

My question to Utah Office of Recovery Services (ORS):

Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don’t have the answer to: “Why does ORS and/or the court need my child’s Social Security Number…

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…

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…

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:…

Is the percentage of married people getting a divorce still about 50%?

June 9, 2022

Divorce Utah

Divorce, Divorce Law, Divorce Prevention/Marriage Preservation, Divorce Procedure, Education, Family Law

attorney, divorce, divorce lawyer, divorce rate, family, family law, marriage, marriage rate

Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This is likely not because fewer people are divorcing as it…

Law from a legal assistant’s point of view, week 48

June 8, 2022

Divorce Utah

Lawyers, Legal Assistant, Legal System

attorney, healing, law clerk, law practice, law school, law student, legal assistant, personal statement, point of view piece

Law from a legal assistant’s point of view, week 48: Personal Statement for Law School By Quinton Lister, legal assistant My time as a legal assistant to attorney Eric Johnson has served the exact purpose I was hoping it would.…

Law from a legal assistant’s point of view, week 47: The Healer’s Art

May 31, 2022

Divorce Utah

Justice and Equity, Lawyers, Legal Assistant, Legal System

assistant, attorney, clerk, client, healer, law clerk, law firm, law practice, lawyer, legal profession, legal secretary, secretary

By Quinton Lister, legal assistant One thing my boss, attorney Eric Johnson, has told me that has had an impact on my view of law is the idea that law was traditionally supposed to be a healing profession. I myself…

What should I tell my lawyer who says that a motion to dismiss is not real?

May 16, 2022

Divorce Utah

Court Orders, Court Rules, Judges, Lawyers, Legal System, Uncategorized

attorney, court, court orders, court rules, file, judges, law, lawyer, legal practice, motion, motion to dismiss

What should I say to my lawyer who told me that a motion to dismiss isn’t really a thing so we cannot file one? It may be that a motion to dismiss is in fact not possible (not permitted by…

What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word for those who do such things, who compromise their principles,…

Which is the best matrimonial site in the USA with a free trial?

March 18, 2022

Divorce Utah

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Procedure, Family Law, Finances, Lawyers, Legal System

attorney, divorce, divorce attorney, divorce law, divorce lawyer, DIY divorce, free legal advice, lawyer

There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you intend to hire a lawyer to handle some or all…

Law from a legal assistant’s point of view, week 34: Electing judges

March 8, 2022

Divorce Utah

Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System, Utah, Utah Code, Utah Law

attorney, elections, judge, judges, lawyer, legal assistant, legal clerk, legal secretary, US government

Law from a legal assistant’s point of view, week 34: Electing judiciary officials By Quinton Lister, legal assistant I mentioned in a previous post that if I were to build my own legal system that I would make all judiciary…

Law from a legal assistant’s point of view, week 25: Roots

January 4, 2022

Divorce Utah

Judges, Justice and Equity, Lawyers, Legal Assistant, Legal System

attorney, equity, injustice, judge, justice, law, lawyer, legal assistant, legal field, legal reform

By Quinton Lister, legal assistant It is hard to change any undesirable thing without looking at and understanding its fundamental components. For instance, with addiction, the issue is often not the behavior itself. The addiction is frequently covering up a…

What is a court proceeding?

December 23, 2021

Divorce Utah

Court Orders, Court Rules, Lawyers, Legal System

attorney, court, definition, judges, law, lawyers, legal aid, legal definition, legal system, proceedings

According to Black’s Law Dictionary (11th ed. 2019): PROCEEDING proceeding (16c) 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the entry of judgment. Any procedural means for seeking…

Tag: attorney