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Tag: counsel

How can I better understand the importance of marriage?

As a child with divorced parents, I find it hard to answer questions such as, “What is the importance of marriage?” How can I better understand the importance of marriage?

Being a divorced parent does make it harder to make a strong case for marriage. You are afraid to look hypocritical and not credible. Fortunately, you are not alone in your predicament. 

  • Ex-con parents have the same problem when advising their children to obey the law. That doesn’t make the advice wrong.
  • Fat, out of shape parents have the same problem when advising their children to exercise and stay fit. That doesn’t make the advice wrong.
  • High school dropout parents have the same problem when advising their children to get a good education. That doesn’t make the advice wrong. 

 Although telling children to “do as I say, not as I do,” is a hard sell, there is an obvious silver lining to encouraging children to differently than you did: “Kid, you don’t need to end up like me. Learn from my example not to do as I did.” That’s authentic. That has real value. Vicarious learning is learning from the experience of others. Everyone can benefit from vicarious learning, whether it’s learning how to succeed by repeating what successful people do (and don’t do) or how to succeed by avoiding the mistakes and wrong decisions of those who failed. 

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

https://www.quora.com/As-a-child-with-divorced-parents-I-find-it-hard-to-answer-questions-such-as-What-is-the-importance-of-marriage-How-can-I-better-understand-the-importance-of-marriage/answer/Eric-Johnson-311  

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Law from a legal assistant’s point of view, week 42

Law from a legal assistant’s point of view, week 42: Do you like divorce law?

By Quinton Lister, legal assistant 

Often when I tell people I know that I am a legal assistant to a divorce attorney, I usually get asked if I like divorce law. The answer to that question is yes and no. I will start with the “no” part of my answer. Divorce, at it’s best, is miserable. Sure there are “amicable” divorces but it is a painful experience and subject for everyone involved, and so, understandably, most people are not happy or congenial when going through divorce. Even those who are happy and congenial, are experiencing immense pain and sometimes they project that on me because “I’m the assistant”. So, in that sense, no, I do not like divorce law because sometimes it is hard to deal with people going through divorce. 

I will now address the “yes” part of my answer. I do like divorce law because I know that the work I do to help my boss help his clients is important and helps people who need help. I have come to see how important competent legal counsel is and I believe that a good lawyer (meaning an honest and competent one) can do a lot of good for you. I see how that work can bless lives and so for that reason, yes, I do like divorce law. 

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

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Law from a legal assistant’s point of view, week 40

Law from a legal assistant’s point of view, week 40: Recording family law hearings

By Quinton Lister, legal assistant

My time as a legal assistant to a divorce and family law attorney in Utah has shown me a side of the legal system that has broken some ideals I had before starting the job. I liked to believe that all judges were wise people and that they always had the public’s best interest at heart. I am not implying that all judges are wholly corrupt, but prejudice and mediocrity is a more common occurrence than I believed and hoped.

One example of the mediocrity I am speaking of has been how most judges across the state of Utah treat the YouTube channel Utah Family Law TV (UFLTV). UFLTV is a YouTube channel my boss runs in his spare time. He does not profit from it, nor does he use it as a tool for promoting his legal practice. It is merely a channel he runs to help those who are going through divorce and other domestic relations cases educate themselves about the workings of the legal system by broadcasting the public proceedings of Utah domestic relations cases, like divorce and child custody disputes. These hearings and trials are open to the public. There is no law that prohibits these proceedings from being broadcast to the public. In fact, Utah’s court system proudly announced, about 8 years ago, a rule to make public court proceedings more open and accessible to the public by—purportedly—making them more open and accessible to the news media. While the rules allow a court to deny access to some public hearings under certain circumstances, more often than not UFLTV is denied access for no good reason. For instance, UFLTV coverage requests are routinely denied because the judge or commissioner merely believes UFLTV not to be a legitimate news reporter, yet these same judges refuse to give UFLTV any opportunity to provide evidence that it is clearly a news reporter as that term is defined in the rule.

Situations like this (and others) lead me to conclude that either the judges and commissioners don’t understand—or don’t care to understand—the very rules they are sworn and employed to obey or they simply want to prevent media coverage of public domestic relations proceedings, so they twist the facts and the rules to reach the desired outcome. You don’t need to be a lawyer to see that the so-called “reasons” given for denying UFLTV media coverage requests just don’t hold factual or legal water.

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

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Law from a legal assistant’s point of view, week 21: Never

By Quinton Lister, legal assistant

I am still new at my job. I have only been a legal assistant since Summer of 2021, but I know for myself that I would never go to court representing myself. There is simply too much going on in the legal system to not have expert help.  

Perhaps you think I am biased because my boss is a lawyer, but I have been to enough hearings and a few trials to know that “Pro Se” ain’t the way to go. Pro Se litigants are at a tremendous disadvantage simply because they do not know what they do not know. Many people elect to represent themselves due to financial constraints, while this is completely understandable, I feel for these people. They are at the mercy of a system that kills the weak (for lack of a more flattering term). The legal system seems more often to create victims rather than protect them. True justice is hard work, and if you are not trained, no matter how hard you work the load will likely be too much to bear by yourself. 

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

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Should I review the proposed settlement agreement with my own lawyer?

In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not? Should I review the proposed settlement agreement with my own lawyer?

I can answer your question conclusively in less than 100 words:

If your spouse and his/her lawyer submit to you a proposed agreement that appears to you (and you are not a lawyer yourself) to be a good, fair deal, would you prefer A) just to sign it hoping that it doesn’t contain any errors, omissions, or tricks and traps; or B) to sign it after first having your own independent counsel (i.e., your own lawyer) review the proposal to ensure it doesn’t contain any errors, omissions, or tricks and traps in it?

The correct course of action is obvious.

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

https://www.quora.com/In-a-less-complicated-divorce-where-each-party-has-already-agreed-to-the-split-of-assets-do-they-each-need-to-hire-their-own-attorney-and-why-or-why-not/answer/Eric-Johnson-311

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