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Tag: why

Why is my lawyer ignoring me?

Why is my lawyer ignoring me?

There are many possible reasons. Lawyers are notorious for being hard to reach and for being unresponsive and nonresponsive.

If you aren’t paying your lawyer, don’t be surprised if you’re being ignored and don’t wonder why.

But if you are paying your lawyer (in full and on time), there are still many possible (common) reasons could include, in descending order of the most likely explanations:

  1. Your lawyer has way too many open cases and has thus rendered himself or herself unable to give you and your case the attention they both require.
  2. Your lawyer is incompetent, and so your lawyer avoids your calls and emails to avoid having to do hard work and/or give you bad news about how he or she has screwed up.
  3. Your lawyer is lazy and thus does not respond to you in a timely manner.
  4. Your lawyer doesn’t care about your case enough to give it the attention it requires.

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

https://www.quora.com/Why-is-my-lawyer-ignoring-me-1/answer/Eric-Johnson-311

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When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

In Utah, where I practice divorce and family law, the answer is: no.

When a lawyer drops a client/stops representing a client (known as “withdrawing as counsel” for that client), the lawyer is not permitted to inform the judge or opposing counsel as to the reasons why. This is due to the attorney’s duties to keep confidential 1) the communications between attorney and client and 2) the information relating to the representation of the client. See Utah Supreme Court Rules of Professional Conduct:

Rule 1.16(d):

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests[.]”

Rule 1.6. Confidentiality of Information.

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(b)(1) to prevent reasonably certain death or substantial bodily harm;

(b)(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;

(b)(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;

(b)(4) to secure legal advice about the lawyer’s compliance with these Rules;

(b)(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;

(b)(6) to comply with other law or a court order; or

(b)(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

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

https://www.quora.com/When-a-lawyer-drops-a-client-is-the-reason-shared-with-the-judge-and-or-opposing-counsel-I-e-the-client-refused-to-be-reasonable-etc/answer/Eric-Johnson-311

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When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?

In Utah, where I practice divorce and family law, the answer is: no.

When a lawyer drops a client/stops representing a client (known as “withdrawing as counsel” for that client), the lawyer is not permitted to inform the judge or opposing counsel as to the reasons why. This is due to the attorney’s duties to keep confidential 1) the communications between attorney and client and 2) the information relating to the representation of the client. See Utah Supreme Court Rules of Professional Conduct:

Rule 1.16(d):

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests[.]”

Rule 1.6. Confidentiality of Information.

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

(b)(1) to prevent reasonably certain death or substantial bodily harm;

(b)(2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;

(b)(3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;

(b)(4) to secure legal advice about the lawyer’s compliance with these Rules;

(b)(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client;

(b)(6) to comply with other law or a court order; or

(b)(7) to detect and resolve conflicts of interest arising from the lawyer’s change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.

(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

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

https://www.quora.com/When-a-lawyer-drops-a-client-is-the-reason-shared-with-the-judge-and-or-opposing-counsel-I-e-the-client-refused-to-be-reasonable-etc/answer/Eric-Johnson-311

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Who files for divorce more? Men or Women? Why?

Who files for divorce more? Men or Women? Why?

Women file more

In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more often than husbands. Between 65% and 70% more, generally. This study published in 2017 set the percentage of wife-initiated divorces at 69%.

You’ll see a lot of articles that claim women file 80% of divorces, but I could not find any studies or statistics to back that claim.

Why is that?

As to why wives file for divorce more often than men, this MSN article (the accuracy for which I cannot vouch) summarized this study from American Psychological Association (ASA) as follows:

  1. Women are more likely to feel like marriage is holding them back.
  2. Women tend to do more emotional labor in a marriage.
  3. Women are less likely to tolerate “bad behavior” today.

According to this article in PMC*

  • when men unemployed, both husbands or wives are more likely to leave the marriage.
  • when wives report better than average marital satisfaction, their employment affects neither their nor their husbands’ exits.
  • when wives report below average marital satisfaction, their employment makes it more likely that they will leave.

*PubMed Central (PMC) is a free archive of biomedical and life sciences journal literature at the U.S. National Institutes of Health’s National Library of Medicine (NIH/NLM). It is a repository for journal literature among participating publishers, as well as for author manuscripts submitted in compliance with the NIH Public Access Policy and similar policies of other research funding agencies.

My take

I can tell you from experience as a divorce lawyer that one reason husbands are reluctant to file for divorce is because they are afraid of being labeled pariahs; culturally, it’s easier to sympathize with a woman seeking a divorce because there is this belief that a woman seeking a divorce is a victim seeking escape or relief, while men who seek divorce are often presumed to be self-absorbed cads.

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

https://www.quora.com/Who-are-the-biggest-initiates-of-divorce-Why-is-that/answer/Eric-Johnson-311

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Why are so many Latin terms used in legal (English)?

Why are so many Latin terms used in legal (English)?

Law is (or was) a learned profession and before information and education was available to everyone, the language of the learned was Latin, which is why there are still many Latin terms and phrases and maxims that are still in use in the contemporary practice of law. These terms and phrases remain in use today because 1) they make for great mental and written shorthand for complex concepts and arguments that that would otherwise needlessly take many minutes or lines of text to articulate; and 2) using them (even when used erroneously) makes those who use them look smart and cool.

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

https://www.quora.com/Why-are-so-many-Latin-terms-used-in-legal-English-agreements-contracts/answer/Eric-Johnson-311

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Why is it so common for parents to become outright enemies after divorce?

Why is it so common for parents to become outright enemies after a divorce?

I have represented people in divorce who were pure as the driven snow, innocent as lambs, and treated miserably by their spouses, by law enforcement, by Child and Family Services, and by the courts. They were accused falsely. Their characters as parents were assassinated. Their children were withheld from them. Their own children grew to fear and hate them.

They didn’t deserve it. It was horribly unfair. It shattered their faith in the legal system. Yet even though the legal system didn’t just let them down, but victimized them, these people did not allow bitterness and resentment to ruin their lives. They realized it wouldn’t make anything any better but would, in fact, make things even worse. They didn’t act as though they weren’t hurt, even grievously wounded, but they acknowledged that letting the wound fester was pointless, even counterproductive. They resolved not only to move onward, but upward. It was (still is) difficult, but the right thing for them and for their children. They are happier. Their consciences are clear.

I have also represented people in divorce who were good, but they had flaws (some serious). Some of these people did foolish and reckless things. They caused significant, sometimes irreparable, damage to the relationships with their spouses and/or with their children. Sometimes they didn’t want to cause harm, but they let their selfishness and weaknesses get the better of them. They too were treated miserably by their spouses, law enforcement, child and family services, and the courts. They didn’t deserve the level of miserable treatment they got. But rather than acknowledge that they were part of the problem, they sought to shift the blame to anyone but themselves.

Rather than 1) taking responsibility for their part in the mess; 2) acknowledging that the past cannot be undone; and 3) resolving to repent and make the best of the future to ease and eventually heal the pain, they blame everyone and everything but themselves. And they vow to make everyone and everything pay. The easiest target of their anger is their ex, then their kids. That’s one of the main reasons why it is so common for parents to become outright enemies after a divorce.

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

https://www.quora.com/Why-is-it-so-common-for-parents-to-become-outright-enemies-after-a-divorce/answer/Eric-Johnson-311

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Will there be more divorces or more babies after the coronavirus is over?

Will there be more divorces or more babies after the coronavirus is over?

Both.

Why more babies will be born than normal. Whenever two people of the opposite sex are forced to remain isolated together for long periods of time, they will get bored, they will get agitated, and they seek relief from the boredom and agitation, and thus odds are that they will eventually engage in sexual intercourse. When that happens and when the woman is of child-bearing age, you’re going to have some pregnancies result. When this happens on a national scale, you’re going to see another baby boom (or at least a boomlet).

Why there will be more divorces than normal. Another effect of being forced to remain isolated together for long periods of time is that differences and strains on the relationship come can no longer be denied or avoided, and things to a head both quickly and intensely. With nowhere to go and/or no one else to turn to for escape, people are forced to confront the problems in their relationship. This can be extremely awkward at best, extremely painful at worst. When the relationship is a marriage, the examination many married couples will find themselves forced to make of the dysfunction(s) in their relationship will lead at least one of the two spouses to conclude (some correctly, some—sadly—mistakenly) that the marriage must end. When this happens on a national scale, you’re going to see an unusually high volume of divorces occur.

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

https://www.quora.com/Will-there-be-more-divorces-or-more-babies-after-the-coronavirus-is-over/answer/Eric-Johnson-311

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Would/did you sign a prenup when you got married?

I did not.

I generally do not favor young couples marrying for the first time making and signing prenuptial agreements.

Here is why:

Does signing a prenup change the relationship between a couple?

What is the easiest way to convince your fiancé to agree a prenup?

Would most people who are planning to get married do better if they got a prenup?

Is it necessary to ask your other partner to sign a prenup if you want your property to solely belong to you only?

Does it affect a relationship if just before marriage, your partner and a lawyer bring you papers to sign a prenupcial agreement? What would you do?

Do you believe a prenuptial agreement and real love between two people are mutually exclusive?

Do regular people who earn average incomes sign prenuptial agreements?

Can a prenup dictate that a reflection time is required before divorce?

Why would anyone go into marriage without a prenup?

How do people generally react if asked to sign a prenuptial agreement?

Why are prenuptial agreements not required for all marriages prior to getting a marriage license since divorces are about dividing assets and determining child custody/support? Wouldn’t this help make divorces easier and help avoid doomed marriages?

Does having a prenup demonstrate lack of trust in your future marriage?

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

https://www.quora.com/Would-did-you-sign-a-prenup-when-you-got-married/answer/Eric-Johnson-311

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Do married lawyers ever fight each other in court?

Do married lawyers ever fight each other in court?

Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely. The reason is because they know how costly and miserable litigating a divorce or other dispute between them would be.

Or do mean to ask whether married lawyers will represent opposing parties in a law suit? If that’s your question, the answer is: while they could, they rarely do. Why? Because the clients would fear that the lawyer spouses would disclose confidential information to one another at home and in their daily interactions, and the lawyer spouses wouldn’t want those kinds of suspicions and fears to arise, and this is why most lawyer spouses would never agree to represent opposing parties in a lawsuit.

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

https://www.quora.com/Do-married-lawyers-ever-fight-each-other-in-court/answer/Eric-Johnson-311

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