Can I ask a lawyer, “Would you elaborate your legal fees?”?
Of course you can ask the attorney to explain the basis for his/her legal fees and services pricing. Any attorney worth his/her salt and who has the requisite amount of…
Has the ability of lawyers to advertise been beneficial to our legal system?
Unquestionably, yes. Now don’t misunderstand me. When I say that the ability of lawyers to advertise has been unquestionably beneficial to our legal system, that does not mean I’m saying…
“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?”
"Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?" There are at least two long-established offices I know of…
Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer
Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…
How can lawyers justify defending the guilty?
How can lawyers put aside their consciences and defend heinous criminals effectively? First, criminal defense attorney's need not "put aside their consciences" to defend a criminal (accused or otherwise). There…
Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony
2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?
Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she…
If one spouse insists on divorce, shouldn’t he/she pay all legal fees?
Not necessarily “wrong,” but rather unlikely (not impossible, but unlikely, but read on to see what exceptions may apply). It may be reasonable of you to argue to the court…
What Legal Research Is and Why It’s Important to Your Case
Most clients have no idea how much work takes place behind the scenes at most law firms. More than the copious phone calls, emails and text messages back and forth…
Doing the Work on Your Case Is Hard, and You Must Help Do It
Doing the Work on Your Case Is Hard, and the Client Must Help Do It By Phillip Aguirre, Paralegal Believe it or not, even though you hire a lawyer, that…
Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings
Marroquin v Marroquin - 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District…
A real client’s questions about divorce settlement and mediation
Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…
Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property
2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department…
Widdison v. Kirkham – 2018 UT App 205 – contempt, attorney’s fees
2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department…
Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
Why do divorces take so long to finish?
Here are the reasons, as I see them, why too many divorce cases cost so much and take so long to finish (in no particular order): 1. Some divorce lawyers…
Why are divorce attorneys so expensive?
Why are divorce attorneys so expensive? Because we divorce lawyers (I am a divorce lawyer) generally disappoint the people they serve. Some causes of the disappointment are the lawyer’s fault,…
There is no cheap or free legal services shortcut
“There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.” ― Søren Kierkegaard “A great deal…
2018 UT App 130 – Bergmann v. Bergmann – prenuptial agreements
2018 UT App 130 - Bergmann v. Bergmann THE UTAH COURT OF APPEALS KAREN BERGMANN, Appellee, v. EUGENE D. BERGMANN, Appellant. Opinion No. 20160217-CA - Filed June 28, 2018 Fourth…
What is the average cost of divorce, when child custody is contested?
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see…
A Spouse’s Questions about the Divorce Mediation Process
Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…
Why You Feel Uncomfortable Paying a Lawyer by the Hour (it’s not your fault)
Why You Feel Uncomfortable Paying a Lawyer by the Hour (it's not your fault) I do not bill by the hour. Letting your lawyer bill you by the hour is…
Attorneys: “glorified pencil-pushers”?
This is from part of an e-mail that I received from Richard Jacobs. He helps attorneys with their marketing. I like much of Richard's approach because, like me, he doesn't…
Fixed Fee Pricing: Thank You, Quakers
(from: http://www.systemsofexchange.org/casestudies/quakers-fixed-price) The early Quakers were the first to implement a fixed pricing policy, and this decision largely reflected their frustration over the Puritans’ failure to implement popular religious, economic,…
Can you ask an attorney for an overcharge refund?
Can you ask an attorney for an overcharge refund? You are absolutely entitled to a refund if your lawyer overcharged you. But what do you mean by “overcharged”? Do you…
Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion
2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…
Are free consultations with divorce lawyers worthwhile in helping you choose your lawyer?
Are free consultations with divorce lawyers worthwhile in helping you choose your lawyer? Should you seek out attorneys who give you free information and advice? Allow me to help you…
How Much Is It Worth to Be Right?
Have you ever heard the phrases "Don't be dead right" and "Winning the battle and losing the war? It's obviously good advice. Advice you've probably given to others. When it…
Why would someone try to negotiate down to the cheapest price, if that means the seller cannot do the best job at the cheapest price?
Why would someone try to negotiate down to the cheapest price, if that means the seller cannot do the best job at the cheapest price? Your question mistakenly presumes that…
How to Hire a Good Divorce Lawyer (getting enrolled)
Are you one of the people who visit and read (or watch and listen too) but who isn’t “enrolled” who isn’t “invested” in actually hiring me as your lawyer? If…
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun?
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun? The best divorce lawyer is not someone who…
Attorney’s fee pricing
David, I'm genuinely upset about and grappling with attorney pricing. I really don't know a divorce lawyer who's making a lot of money without stealing it. The legal system fails…
Why do Utah divorce courts rarely award attorney fees to the prevailing party?
Why do Utah divorce courts so rarely award attorney's fees to the prevailing party? Such a great question, and one that I have to answer with every case, every client.…
McQuarrie v. McQuarrie – appealable order
2017 UT App 209 THE UTAH COURT OF APPEALS MELVIN MCQUARRIE, Appellant, JANETTE COLLEDGE MCQUARRIE, Appellee. Per Curiam Opinion No. 20170720-CA Filed November 16, 2017 Third District Court, Salt Lake Department…
Smith v. Smith 2017 UT 77 Utah Supreme Court
This opinion is subject to revision before final publication in the Pacific Reporter This opinion is subject to revision before final publication in the Pacific Reporter Smith v. Smith…
What is OSC?
QUESTION: I hear about holding an ex who is not complying with the provisions of the Decree of Divorce or other court orders held accountable with an "OSC" What is…
Is it true that the first to file for divorce has to pay the other party’s lawyer fees?
Is it true that the first to file for divorce has to pay the other party's lawyer fees? No. Filing for divorce first does not obligate the filing party to…
Vanderzon v. Vanderzon – 2017 UT App 150 – August 17, 2017 – custody on relocation, alimony, and attorney fees
Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
Buying Based on Value, Not on Just Price
An old legal assistant of mine shared with me the old saw of "buy cheap, pay twice." My father-in-law introduced me to "jumping over dollars to pick up dimes." Then…
How can I get a fair shake in divorce when my ex has an attorney and I am unable to afford my own attorney?
How can I get a fair child custody arrangement when my ex has an attorney and I am unable to pay the initial retainer for my own attorney? I have…
Paying by the Hour vs. Paying a Fixed (or Flat) Fee
Paying by the Hour vs. Paying a Fixed (or Flat) Fee Let me see if I can help you make a smart decision when it comes to hiring a divorce…