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Tag: knowledge

Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 4:

Your attorney cannot do what only you can do. Your attorney cannot answer questions posed to you until you provide your attorney with the information and facts needed to answer the question. Your attorney cannot produce your documents requested in the discovery process without you first producing those documents to your attorney.

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

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Law from a legal assistant’s point of view, week 27: Beginnings

By Quinton Lister, legal assistant 

The old cliché of “Every end is really a beginning” has had me thinking the past couple of weeks. I think about phases in my life and the lives of others. Whether it is death, retirement, or even divorce, often those things that seem to mark the end of something really lead to the start of other, new things. 

Divorce is an end, and there is no denying that. I think more importantly though, and I speak from what I have seen being a legal assistant to a divorce attorney, that divorce can be a moment of clarity that helps people move forward (if people will let it).  

Some people let divorce tear them apart and lead them to more mistakes, others allow/make divorce a means of finding out who they really are and what they ought to be doing. “It’s not what happens to you but how you respond that defines you” (one good cliché deserves another).  

Seeing so much divorce has taught me that I want to act instead of being acted upon. It can be hard to recognize when we are reacting instead of being proactive (thank you Stephen Covey), but the reward is that much greater to those who choose proactivity over reactivity. The same hammer that shatters the glass forges the steel. 

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

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Law from a legal assistant’s point of view, week 26: Lying

By Quinton Lister, legal assistant 

Lying is corrosive. Lying does not allow us to be the best version of ourselves. Lying keeps us in denial about the actual state of our lives. So many of us spend our lives lying because we do not know any better way. We are so thoroughly convinced that if we let the truth out or if we let the truth dominate our lives then we would be miserable or we would lose everything. Maybe it is the case that we have lied ourselves into a corner and to admit the truth now would mean to forfeit some false comfort we have built up for ourselves.  

Whatever fears we may have about telling the truth, the truth is the only way through life. What I mean by that is it is the only way to have any peace in life. So long as I am lying and avoiding the consequences of my actions, I will just be left with chaos either internally or externally. And if you are wondering how this applies to the legal field, in particular divorce law, if you are dishonest you may get what you want, but you cannot do that without taking a toll on your family and your own spiritual well-being.  

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

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If I can’t find an attorney, can it honestly be said I got a fair trial?

If I can’t find an attorney, can it honestly be said I got a fair trial?

If a person seeks legal representation in a court, and every attorney they tries to hire refuses to represent them, can he receive a “fair trial”?

That depends upon how you define a “fair trial”. Some people mistakenly believe that in the United States every litigant is guaranteed representation by an attorney in any lawsuit. This is not true. Defendants in criminal cases that involve the risk of substantial jail time are entitled to appointment of counsel, free of charge to the defendant, if the defendant so desires.

In some jurisdictions, a parent is entitled to appointed counsel if the state petitions to terminate that parents parental rights.

There is no right to appointed counsel in civil cases. so there is no right to appointed counsel in divorce actions or personal injury actions or other cases that do not involve serious, jailable criminal charges. So, if you were to claim you could not find any lawyer to represent me and to help me in my civil suit, you could not claim that your rights were somehow violated. It could thus be said that you received a fair trial, even if you were unable to find a lawyer to represent you at trial.

But if the case was a complex one, and one where a knowledge of the laws and/or regulations, as well as the procedural rules of court, makes the difference between winning or losing, having no attorney to represent you, that isn’t a fair fight. unfair, but not illegal. You have no legal recourse in those circumstances.

I have met people who have claimed that they cannot find an attorney to represent them in a particular civil action. More often than not, the reasons why are fairly clear: the person seeking representation can’t afford to pay the attorney and/or the person does not have a winning legal argument (either because that person is clearly in the wrong or because that person doesn’t have enough evidence to win or to win in the manner that person desires).

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

https://www.quora.com/If-a-person-seeks-legal-representation-in-a-court-and-every-attorney-they-tries-to-hire-refuses-to-represent-them-can-he-receive-a-fair-trial/answer/Eric-Johnson-311

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