Tag: win

How Can You Tell if Your Lawyer Is Lying About Winning Cases if There Is No Evidence of It Online or in Paper Form?

Effectively, you can’t.

You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information about the case number, the parties, and the opposing lawyer, so that you could—with that information in hand—inquire with the opposing party and the opposing lawyer to see whether they can verify what your lawyer claims is true.

Utah Family Law, LC | | 801-466-9277

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How do you win financially in a divorce?

It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme.  

Some people define “winning financially” as: 

  • coming away from the divorce action either 1) with as much money and and as many assets as one can get; and 2) with as few financial obligations (i.e., to one’s ex-spouse and children and/or to marital creditors) as possible; and  
  • achieving that goal by taking an ends justify the means approach (i.e., no holds barred). 

Other people define “winning financially” as being treated fairly, i.e. 

  • getting an equal portion of the marital assets; 
  • receiving or paying alimony (and if one has minor children, child support) that is set at a reasonable, feasible, and fair amount; 
  • not being saddled with a disproportionate amount of marital debts and obligations. 

The easiest way (the risky, illegal, and immoral way, but still the easiest way) to win many issues in a divorce action, including but not limited to financial issues: skilled lying, deception, and concealment. 

The right way (the honest, risky, legal, and moral way): 

  • first and foremost, to act in conformity with the principle of Mark 8:36 (“What doth it profit a man, to gain the whole world, and lose his own soul?”) 
  • understand that winning the right way takes effort and courage, and commit to exerting both to the bitter end 
  • know what law applies to the particular financial issues of your case 
  • know how the applicable law applies to the particular financial issues of your case 
  • acknowledge the relevant facts on both sides of the issue.  
    • acknowledge those of your arguments which the facts do not support.  
    • do not try to bamboozle the court into accepting losing arguments. That only weakens your credibility as to the arguments that favor you.  
  • demonstrate and articulate clearly the relevant facts that support your winning arguments.  
  • don’t let an inattentive, incompetent, or biased judge disregard or twist your admissible evidence, relevant facts, and winning arguments. Stand your ground. Give no quarter. Have the courage to defend your arguments when you are in the right. You will likely need to do so, at least some times in the course of the divorce proceedings, to win those arguments.  

Utah Family Law, LC | | 801-466-9277  

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Why do lawyers get paid no matter the results?

Why do lawyers get paid no matter the results?

Your question assumes a false fact. Lawyers are not always paid no matter the results.

One example is a contingency fee case. A contingency fee case is one in which the lawyer’s fee is contingent, i.e., conditioned, upon a particular outcome, usually the recovery of money damages, with the attorney receiving a portion of the damages awarded to the client), if the client does not win or settle, and thus if no money is recovered, then the lawyer does not get paid).

Another example is when a lawyer voluntarily works without getting paid. Lawyers who provide legal services free of charge usually do so when a client needs help but cannot pay, or if the lawyer wants to support a cause he/she cares about by donating his/her services without charge. This is known as pro bono publico (“for the public good”) or just “pro bono” service.

Another good old-fashioned example of a situation in which the lawyer is not paid, no matter the results, is when the lawyer does work for the client first, then bills the client for the work performed, but the client refuses to pay. When I was young and stupid, I encountered this problem on occasion. After a while (too long a while), I got tired of getting stiffed and I changed the way I billed and collected.

Utah Family Law, LC | | 801-466-9277

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As a lawyer, have you ever represented a client who was not happy when you won the case?

No, thank goodness.

I did, however, have a client who got a great outcome at the temporary orders (pendente lite) phase of the case, but who was utterly disappointed with it. My associate and I were honestly very happy with the outcome; the court’s temporary orders were more than fair to our client. But he was not satisfied. So unhappy was he that he fired me. No hard feelings on my part. Then after his case was disposed of, he sued me for malpractice (and lost). That was not a pleasant experience for me.

Utah Family Law, LC | | 801-466-9277

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Overcome Prejudice from a Bogus Restraining Order in Divorce

How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves?

1. The odds are against you, even if you are innocent. It doesn’t matter if you are innocent if the court believes the false allegations against you (and you’d be amazed how willing courts are to believe a good (even a bad) sob story, especially one coming from a woman against a man).

a. If the court believes the false allegations against you, despite the preponderance of evidence against those false allegations, you may have the option of filing an appeal, but most people don’t appeal because the odds are against you winning on appeal, and appeals are too costly and discouraging for most people.

2. The best way I know to get a wrongfully issued restraining order dismissed or reversed is to prove that it was wrongfully issued. And how do you do that?

a. By providing—as early in the process as possible—evidence to the court that:

i. that you have an alibi;

ii. your spouse is lying;

iii. that your history and good character simply make your spouse’s claims unbelievable.

b. by getting a lawyer (and cooperating fully with that lawyer) who knows the legal system and how to work it (ethically) to your advantage.

c. You will surely be tempted to fight fire with fire and resort to lying and cheating to be vindicated. Don’t. Two wrongs don’t make a right, and if that’s not reason enough for you, lying and cheating in your defense usually backfire. If you have children, getting down into the muck will do them irreparable damage.

3. The next best way to get rid of a restraining order: be penitent (even if you’re not guilty). This is a hard pill to swallow (as well it should be), but it may be your only viable option, if you value getting rid of the protective order over your pride. Don’t get me wrong: it’s unfair for innocent people to have to grovel and suffer the indignity, and many may interpret your groveling as an “admission” of guilt, but it may be the only way out. So what might this entail?:

a. jump—cheerfully and timely—through all the hoops the court sets in your path toward getting the restraining order lifted;

b. go to counseling or therapy and complete courses and read books (and report on reading them) that teach “parenting skills” and “anger management” and “conflict resolution”;

c. go to church. You should do this anyway. A good church does wonders for cheering you up and encouraging you and showing you how to be a better person (no matter how great you may be already), but if the only reason you go is to show the court that you’re a “changed man/woman,” so be it.

4. Even in the face of this injustice, count your many, many other blessings. Don’t let evil win by losing hope. Keep the faith. If you are going through hell, keep going. Lean on your friends and loved ones for support.

Utah Family Law, LC | | 801-466-9277

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