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Tag: believe

As a lawyer, do you typically trust what your clients say?

As a lawyer, do you typically trust what your clients say?

I don’t represent people or causes in whom I don’t believe. That is not true of all attorneys, as many are aware. When it comes to prevailing in the court case, however, it does some, but little, good to trust what a client says because the courts try to base decisions not on matters of trust but on matters of proof. So whether I “trust” or believe my client, as an attorney I know I will almost always need more than my client’s word against the opposing party’s claim to prevail.

Fortunately, our standards of proof require (or are at least intended to require) more than “your word against mine.” That doesn’t always result in justice, however. I’ve represented people I believed were innocent but who looked guilty as sin. I’ve been approached by people who are guilty but whose story of innocence sounds more than plausible. Still standards such as “innocent until proven guilty” are obviously better than and spare more innocent people of false conviction than “guilty until proven innocent” and “preponderance of evidence” is far better than merely “your word against mine”.

Some lawyers don’t care whether their clients are trustworthy. These kinds of lawyers will represent a guilty client or a client who is undeserving of any court-conferred benefit. They justify doing so by making noble, lofty sounding but empty claims like “everyone has a right to legal representation,” as if mere “legal representation” is what’s needed and deserved when these attorneys are simply using and abusing the legal system for their own benefit and without thought of justice or faith in the rule of law.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/As-a-lawyer-do-you-typically-trust-what-your-clients-say/answer/Eric-Johnson-311

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When did you know that divorce was the option you were going to choose?

When did you know that divorce was the option you were going to choose?

First, make sure that if you reach the conclusion that you need a divorce that you really do need a divorce. Clearly, a marriage that, through no fault of your own, threatens your life, health, or safety is a marriage you don’t have wonder is worth staying in another moment. But in every other situation, divorce is not a decision to take lightly.

Some people think they need a divorce when they do not. They mistakenly believe that a divorce will be the solution to problems that the marriage is not causing or a solution to problems the marriage is causing when there are better solutions than divorce (many people have told me after their divorce that they wish they had not taken such drastic measures and had tried harder to save their marriage because they realized that 1) the marriage was worth saving and they didn’t “know what they got till It’s gone” and/or 2) divorce only made matters worse).

Even if you do not believe that individual counseling or therapy and/or marriage and family therapy will work for you and your spouse (or your whole family, if that’s a concern), you do not want to live with the regrets that come from wondering “what might have been”. Start reading the scriptures and going to church. Seek wisdom, guidance, and help beyond your own abilities (even if you think it’s a stupid idea, try it before you reject it out of hand). Before taking the drastic, painful, scarring, costly, and permanent step of divorce, try to find out whether the problem(s) in your marriage and family lie(s) with something than your spouse. Try to find out if the problem(s) can and should be solved without divorce. If, after taking these steps, you honestly conclude that your marriage cannot be salvaged, that is when you can and should file for divorce confident in your choice.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/When-did-you-know-that-divorce-was-the-option-you-were-going-to-choose/answer/Eric-Johnson-311?prompt_topic_bio=1

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Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

It certainly can.

It depends upon the participants and which one(s) believe(s) the delay benefits him/her/them. I can tell you many reasons why divorce and family law cases can (and often do) drag on (not usually for years, but it does happen), and in no particular order:

  1. Clients who don’t pay their lawyers. When the lawyer is not paid, he/she does not work. When the lawyer(s) do(es) not work, the case does not progress.
  2. Attorneys who are terrified of going to trial. Most divorce cases settle. There are many reasons for this. One of the dirty little secret reasons many divorce cases settle is because many divorce lawyers don’t want the case to go to trial. Some reasons for this include: the lawyer is an incompetent trial lawyer; the lawyer is afraid the client won’t pay for all the work involved with preparing for and going to trial; and the lawyer has been lying to the client about what a “great case” the client has and is afraid that the lie will be exposed when the client has his/her head handed to him/her at trial.
  3. Opposing parties and/or lawyers who revel in delay. Delays are frustrating (maddening) and costly. Knowing this, some spouses and their attorneys cause and exacerbate delays.
  4. Attorneys and/or parties who just don’t care about the case. The case stagnates because getting the case resolved, whether by settlement or trial, just isn’t important to them.
  5. Courts that believe/hope that by dragging out the pretrial phase of the case the parties will eventually settle out of sheer exhaustion and impatience.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Lawyers-why-do-some-cases-drag-for-years-without-a-conclusive-decision-Does-it-help-to-get-a-favourable-outcome-or-not/answer/Eric-Johnson-311

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Why do kids think it’s their fault when their parents divorce?

Why do kids think it’s their fault when their parents divorce?

Among the things little children believe is that the world reacts to them, exists and functions because of them. Consequently, when things go wrong in their lives it is common for young children to wonder whether or believe that their parents divorced because of something about or because of something the child did or failed to do.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Why-do-kids-think-its-their-fault-when-their-parents-divorce/answer/Eric-Johnson-311

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