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How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her case), and answered questions with “the truth, the whole truth,…

The Importance of Working With Your Lawyer By Braxton Mounteer

September 1, 2023

Coping With Divorce, Divorce, Divorce Attorneys, Divorce Court, Divorce Mistakes, Divorce Preparedness, Education, Family Law, Lawyers, Legal Assistant

clients, information, lawyers, legal assistant, work

I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic reaction to providing required information to the court and to…

Can Divorce-Split Property Proceedings Be Done With Attorneys on a Contingency Pay Basis, Offering Lawyers a Part of the Estate to Pay for Court Costs?

June 15, 2023

Divorce, Divorce Attorneys, Lawyer Fees, Lawyers

attorney's lien, lawyers, lawyers fees

I cannot answer this question as it applies in all jurisdictions because I am not licensed in all jurisdictions, but I can answer this question at that applies in the jurisdiction where I practice divorce and family law (Utah): Utah…

Do Lawyers for the Parents Have a Duty to Their Children?

March 28, 2023

Lawyers are officers of the court. That means that while a lawyer clearly has a duty to his or her client, a lawyer’s first duty is not to the client, but to the court. In child custody disputes, the court’s…

How Are Family Law Attorneys Expected to Handle a Decision Made by the Judge? Do They Call Their Client and Explain It? Do They Have Their Office Manager Send the Decision to Their Client Without Explanation?

March 22, 2023

This is a great question because it is so basic, yet so important. These are the kinds of questions a client needs to have answered understood before he or she can ask—and understand the answers to—more complex questions. My guess…

Do Family Law Attorneys Typically Play Along With Unreasonable Client Demands?

February 2, 2023

lawyers, Unreasonable demands

The better question is: Do SOME family law attorneys typically play along with unreasonable client demands? The answer is, unequivocally, yes: some family law attorneys typically play along with unreasonable client demands. And their numbers are bigger than you’d guess.…

How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?

December 16, 2022

Abandonment and Desertion, Divorce Lawyers, Hiring a Divorce Lawyer

AWOL, hiring a lawyer, lawyers

You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not to hire an attorney to represent you, find out what…

What are two lines of work that fit together well?

August 17, 2022

Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers, Family Law, Lawyers

business of law, contractor, John Grisham, law firm, law practice, lawyers, novelist, novels, remodeling

What are two lines of work that fit together well? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want to interact with each other any more than necessary. I…

Is there anything that can surprise a judge during a divorce proceeding?

Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is guilty, only to be surprised in the eleventh hour some…

Law from a legal assistant’s point of view, week 52: One year

July 6, 2022

Hiring a Divorce Lawyer, Justice and Equity, Lawyers, Legal Assistant, Legal System

documentation, law, law clerk, lawyers, legal assistant, legal assistant's point of view, legal secretary, one year, passage of time

By Quinton Lister, legal assistant Well, I made it. There was no real worry that I could not do it, but being a legal assistant is not an easy job and there were days when I doubted myself, as I…

I signed a CPS safety plan but the court orders protective supervision.

What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311

Do you lose child custody if you have a bench warrant?

Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311

Do I need to show up for court if I was never served papers?

February 24, 2022

Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

attorneys, court, court papers, judges, lawyers, legal system, notice of hearing, rule of thumb

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

Is it true that family courts get paid from child support payments?

February 23, 2022

Child Care Costs, Child Support, Child Support Enforcement, Court Orders, Court Rules, Divorce Law, Family Law, Judges, ORS (Office of Recovery Services)

Child Support, child support payment, court, divorce and family law, family court, finances, judges, lawyers, Office of Recovery Services (ORS)

Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do not collect child support, they issue orders that and title…

What is the best DIY book about divorce in the U.S.?

There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route. The main reason there is no “best DIY divorce book in the…

Would you want to groom your children to become lawyers?

February 14, 2022

Judges, Lawyers, Legal System, Utah Law

attorneys, children, law, law practice, law school, lawyers, legal profession, legal system, parenting

Would you enlist your children into a pre-law school program which grooms them to become top notch lawyers? No. I have gone in the opposite direction. I have told my children (who love dogs and want dogs because their mother…

Law from a legal assistant’s point of view, week 29: Be Smart

February 1, 2022

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

attorneys, law, lawyers, legal clerk, legal representation, legal secretary, pro se, representation

By Quinton Lister, legal assistant The lesson I have been learning in my time working as a legal assistant is how important it is to have legal representation. Not just legal representation, good legal representation. I have by now witnessed…

What affects the outcome of court cases more?

December 31, 2021

Divorce Attorneys, Divorce Court, Divorce Law, Divorce Lawyers, Evidence, Family Law, Judges, Uncategorized, Utah Law

court, divorce, divorce law, evidence, judges, law, lawyers, legal case, trial

What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in the context of divorce and family law, not all legal…

What are some ways to not appear judgmental as a lay witness?

December 29, 2021

Court Rules, Lawyers, Legal System, Testimony, Witness

court, facts, hearing, judge, lawyers, lay witness, testimony, trial, witness

What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing what you want or what the party who called you…

What is a court proceeding?

December 23, 2021

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…

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