Do some lawyers earn their reputation as unscrupulous people?
Yes. I am a lawyer. The first lawyer in my family. If I had known, before I became a lawyer, what terrible people so many lawyers are, I’m not sure…
What movie or TV show really portrays lawyers accurately?
For lawyers, paralegals and judges, what’s a movie or TV show that really gets it right in portraying what you see on the job? No TV or movie that people…
What do most TV shows and movies get wrong about the legal profession?
I’m amazed at the number of people who believe, from what fictitious TV lawyers “accomplish,” that if the lawyers just try hard enough, do enough research, pound the pavement tenaciously,…
Are you glad you chose a career in law?
Yes. But if you’re considering a career in law and you’re a young person, I wouldn’t rely on the experience of lawyers a generation ahead of you to determine whether…
How to Identify a Good Divorce Lawyer, from the Client’s Perspective
Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a…
As a lawyer have you ever turned down a case, what was the reason?
As a lawyer have you ever turned down a case, what was the reason? Yes, and generally speaking, lawyers in private practice turn down cases regularly, and for many reasons.…
What are top things you wish your clients would stop saying/doing?
As a lawyer, what are top things you wish your clients would stop saying/doing? What a great question. Thank you for asking. I have a three-part answer: 1) for all…
As an attorney, what was your favorite case and how did it go down?
Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins)…
What TV or movie lawyer is the most realistic?
What TV or movie lawyer is the most realistic? While there are some larger than life personalities in the actual practice of law, they consist mostly of the clown/peacock exceptions…
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…
Which fictional lawyer would you choose to represent you?
Other than those who play the evil lawyer who represents the villains (because I wouldn’t want my lawyer to cheat, and as you'll see, I wouldn't need him to), I’d…
In your experience, how often do divorces get resolved “amicably” after being filed in court?
Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…
What do I need to do before filing for divorce? (a useful checklist, with explanations)
What do I need to do before filing for divorce? When deciding if you are going to file for divorce, there are some things you need to know, and many…
2018 UT App 100 – divorce attorney malpractice standards of proof
2018 UT App 100 - THE UTAH COURT OF APPEALS JANAE KIRKHAM, Appellant, v. BRYANT J. MCCONKIE, DAVID W. READ, AND STRONG & HANNI PC, Appellees. Opinion No. 20160908-CA Filed…
Divorce Preparedness: What do I need to do before filing for divorce?
When deciding if you are going to file for divorce, there are some things you need to know, and many things you should consider, before filing for divorce I. Why…
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,…
How Much Will My Divorce Cost? How Long Will It Take?
Good for you for coming here. You're grabbing the bull by the horns. You're lancing that boil. Let's get right to what you want to know. When contemplating a divorce,…
How to Avoid the Primrose Path in Divorce (if you have the will and the guts)
How to Avoid the Primrose Path in Divorce (if you have the will and the guts) It’s getting harder to stay in contact with reality. You have men who, as…
Being the Best Client Helps Ensure You Have the Best Lawyer
Being the best client helps ensure you have the best lawyer. In trying to express this in greater detail I came across this article from an Australian divorce lawyer that…
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…
Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?
What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…
Why do we allow attorneys to profit from the harm of children?
Look, I love you, brother, but this isn’t really a question, it’s a lame lament, and I will show you why. First, there are plenty of horrible lawyers out there…
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…
Is Done Better than Perfect in Your Divorce Case?
"Done is better than perfect." This is good advice for divorce lawyers, but equally good advice for divorce clients (really, it is) sometimes. Excerpts from Perfect, by David M. Ward …
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…
Who gets the house, if one of us had an affair?
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
What do you need from your lawyer when going through divorce?
What do you need from your lawyer when going through divorce? Before you hire an attorney, keep this in mind: unless the court finds that circumstances necessitate that a lawyer be…
Solving legal problems is probably the least of a client’s concerns
Clients hire lawyers and law firms because they have a personal problem which is being caused by or exacerbated by the legal problem. No one is hiring [you] just because they…
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…
Can I represent myself in a child custody dispute and win?
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
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…
Hesitant to talk to a lawyer? That’s normal. And wise.
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
Do You Feel Like a Dollar Sign?
Do Your Clients Feel Like Dollar Signs? by Lee Rosen https://roseninstitute.com/do-your-clients-feel-like-dollar-signs/ Tourists in India feel like dollar signs. Touts crowd around, shouting above the street noise, imploring tourists to buy…
Rent a Reputation – they just won’t quit!
If you've been following my blog on the subject of these attorney "honors" and "distinctions" and "certifications," then you know that they are a for-profit enterprise, which is why I…
I wasn’t kidding when I told you the “rent a reputation” offers are a dime a dozen.
I wasn't kidding when I told you the "rent a reputation" offers are a dime a dozen. Yesterday I posted this blog: https://www.divorceutah.com/2018/01/31/rent-a-reputation/. In a nutshell: if you think lawyer honors are…
Do you put any stock in those attorney rankings, honors, and badges when you shop for your attorney?
Do you put any stock in those attorney rankings, honors, and badges when you shop for your attorney? Do you have any idea how easy it is to get those…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
As a divorce lawyer, what is the most petty thing one of your clients had you do?
QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…
Cool as a Cucumber: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
5 Things Divorce Will Never Save You From
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
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…
What is the difference between a lawyer and a consultant?
Anyone can call himself or herself a consultant. It requires no special training, no special test or certification or license. One can be a “legal consultant” without having gone to…
How common is it for lawyers not to take or return clients’ calls? Why?
How common is it for lawyers not to receive their clients’ calls or not to return calls? What are the reasons for this avoidance? It is inexcusably all too common.…
Can I Negotiate with My Spouse, If My Spouse Has a Lawyer?
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
How do you divorce a narcissist when his lawyer is his next victim?
How do you divorce a narcissist when his lawyer is his next victim? That's the lawyer's problem, not yours. While it is noble and kind of you to want to…
My family law attorney is screwing me over. What can I do?
My family law attorney is screwing me over. What can I do? Fire your attorney and get a better one. You are not required to stick with your lawyer throughout…
What are the most irritating things when you have to deal with lawyers?
What are the most irritating things when you have to deal with lawyers? I’m a divorce lawyer. Dealing with divorce lawyers need not essentially, necessarily be irritating. There are actually…
Just answer the question
Just answer the question By Richard Jacobs When potential clients are stuck in a legal situation, they come up with a lot of questions. How you as an attorney answer…
