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Tag: good attorney

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons?

Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it does not include the address of the courthouse where the underlying action was filed, you may or may not have an argument for defective service of process. But to test that theory you may have to take the risk of being defaulted and then moving to set aside the default and default judgment and hoping you prevail on that motion. That is not a risk I would be willing to take myself. 

What you need to do immediately is consult a good attorney (i.e., a knowledgeable, skilled one) and fast, i.e., before the time in which to file a responsive pleading has expired, so that if you, after conferring with at least one good attorney, determine you need to file something with the court before the responsive pleading time expires you can. 

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

https://www.quora.com/How-do-I-file-a-response-in-a-divorce-if-missing-the-court-s-address-for-filing-invalidates-the-summons/answer/Eric-Johnson-311

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Law from a legal assistant’s point of view, week 45

By Quinton Lister, legal assistant 

I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of a job”, but that still does not mean I have to like divorce. That being said, I think that divorce attorneys offer a valuable service, especially to those who have a vengeful or, for lack of a better term, “crazy” ex-spouse.  

I have seen firsthand the tactics many unscrupulous divorce attorneys and their clients will use to prolong divorce proceedings, or to get extra money that the law does not guarantee to them. I have seen the damage that is the result of lawyers and their clients treating divorce like a zero-sum game.  

If your ex-spouse is treating you maliciously and/or unjustly (and I mean “unjust” in the sense of breaking the law in their treatment of you), then you owe it to yourself and your family to consult with and hire a good attorney. Hire an attorney who is both skilled and moral. Hire a lawyer who will do his/her best to help you and the other party comply with the law and resolve issues equitably and in a timely manner.  

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

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How to Identify a Good Divorce Lawyer, from the Client’s Perspective

Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a few good rules of thumb to help you avoid a bad choice. This is how I’d do it, if I were not an attorney, but in the market for one:

With rare exception, new lawyers aren’t very good (I wasn’t when I was fresh out of school, even though I was trying my best and doing as well as could be expected of a newly-minted attorney). They don’t really teach you how to practice law in law school, they teach you a lot of information you’ll need in the practice of law, and they teach you how to pass the bar exam. But how to do the job is something a law school really was never intended to teach. You’re expected to learn the practice of law on the job. So a potential client will improve his odds of getting a good attorney by getting an experienced attorney. Look for a lawyer with at least about 7 consecutive years of experience in the field of practice you need help with.

Look for someone who can give you clear and straight answers to your questions (and an attorney who has the confidence and humility to answer your tough question with “I don’t know” may be a better choice than the attorney who appears or tries to appear to be a know it all).

Understand, understand, understand that you get what you pay for. While it is possible that you find a great attorney for cheap, the odds are highly against it. A good lawyer cannot do the job well without being paid well to do it.

Find someone you feel you can trust. Someone who works with your personality and your schedule. Now you have to do your part in your case. You have to accept the fact that your attorney isn’t going to be your legal slave (you will have to do a lot of your own work to help your case succeed). And you can’t just let your gut guide you, but if, after you’ve vetted a few attorneys and created a short list, you don’t feel you and a particular attorney on that list would be a good fit, you and he/she probably won’t be.

Don’t just interview 2–3 attorneys. Interview 5–6. Or more, if you have time. There are lot of attorneys, and so there are a lot of bad ones out there. Taking the time and effort to sort through them will be rewarded.

Once you’ve narrowed the field to 3 attorneys or so, go watch them in action in court. See how they conduct themselves. You can call the court clerk for the local courthouses and ask if and when that attorney is scheduled to appear in court and where. And you can turn this method on its head with good results too: just go to court and watch domestic relations proceedings. They are open to the public. Watch for attorneys you feel are prepared, knowledgeable, carry themselves well and know how to handle the give and take of argument and questioning witnesses. After the trial or hearing, go up and introduce yourself and ask if that attorney is taking on new clients.

Finally, and unfortunately, I’ve found that asking judges and other attorneys who they believe to be a good attorney has usually led me in the wrong direction. Why? Most judges and other attorneys believe a “good” lawyer is someone they get along with. ‘Nothing wrong with being well-regarded, but if the reason for that is because that lawyer “gets along to get along,” I’ve found that means that that lawyer values his/her relationships with judges and other attorneys more than doing the job well for his/her client. Beware.

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

https://www.quora.com/As-a-lawyer-what-are-top-things-you-wish-your-clients-would-stop-saying-doing/answer/Eric-Johnson-311?__nsrc__=4&__snid3__=4379759651&comment_id=94066561&comment_type=2

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