As a lawyer, have you ever kept a case going just to make more money (churning)?
As a lawyer, have you ever kept a case going just to make more money? No, but there are certainly plenty of lawyers who do such a thing. Client beware.…
How competitive are lawyers with each other outside of the courtroom?
Lawyers (whether divorce lawyers or otherwise) are about as competitive inside the courtroom as outside the courtroom and vice versa. The work is competitive whether you're in court or not.…
What are you tired of explaining when it comes to lawyers?
Nothing. When I am tempted to feel irritated over the questions people ask about lawyers and legal matters, I remember that the questions--though recurring--aren’t being asked by the same person…
Is it normal for your attorney to ignore your calls or answer your questions?
Is it normal for attorneys of a law firm who have taken on your case to never return your calls regarding any questions, concerns, or updates that you have regarding…
Why do some lawyers have “PC” after their name?
“PC” stands for “professional corporation”. Many law firms choose to be formed as professional corporations, instead of as partnerships, because the corporate structure provides some protections to the shareholders against…
Is being kind a weakness if you want to be in the legal profession?
Yes, kindness is perceived as weakness among lawyers in many ways. And there are circumstances where kindness (or what may be thought of as kindness) would be an inappropriate response…
How Do You Handle Requests for Pro Bono Help?
How do you handle calls at your law office from people who ask if you would do legal work for them pro bono? All of us, no matter what our…
Why do most law firms have near the perfect Google review scores?
Because most of them game the ratings system. Oh who am I kidding?; those lawyers/law firms with perfect Google review scores all game the ratings systems. Utah Family Law, LC…
Why do lawyers refer to their clients as “my client” instead of by name?
Because, in my opinion, much of the time lawyers are too conceited to think of or see their clients as anything other than “my client,” which is why they prefer…
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…
Why, when a lawyer lies in court, does the court often ignore the lie knowingly?
One possible reason why, when a lawyer lies in court, the court may ignores the lie knowingly: the judge knows the lawyer is lying, but knows that the lie won’t…
Is it common for lawyers to rarely contact clients about the case?
Yes, it is common with many attorneys, but it shouldn't be. While it is true that in many cases there may not be regularly occurring developments or changes that your…
Can you fire your divorce lawyer? Yes!
Fire your lawyer? What can you do if you think your lawyer is doing a bad job representing you? Can you fire your lawyer? Your question is really two questions,…
Are there significant cultural differences in different courts?
If you are an attorney who was raised in the northern U.S., but have practiced law in the South, have you noticed cultural differences in the way you are permitted…
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…
What is the best comeback a judge has ever made in court?
I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…
What happens to a client’s files if the lawyer succumbs to death or illness?
What happens to a lawyer's past and ongoing client files if the lawyer succumbs to a sudden illness? Is the client entitled to the possession of it? In the jurisdiction…
Are lawyers taught or advised to treat rich or famous people differently?
People who've been to law school, are you taught or advised that you should treat rich or famous people differently from ordinary people? Why or why not? No, we learn…
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.…
When should you hire a divorce attorney rather than a divorce lawyer?
In the U.S., “lawyer” is synonymous with “attorney” when it comes to describing one who is licensed to practice law. There is no difference between a lawyer and an attorney…
Do family law attorneys handle divorce?
Yes. Basically, all family law attorneys can handle divorce cases, while “pure divorce” attorneys clearly don’t handle other family law matters, such as adoptions, guardianships and conservatorships, juvenile court criminal…
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…
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…
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…
2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody
2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…
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…
Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker
2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…
Can anyone go to court and just watch?
Can anyone go into a court room and sit in the back seat and just watch? Why or why not? Courts are open to the public With the exception of…
Dealing with Your Spouse During the Divorce Process
QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…
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)…
When did you realize that fighting for your marriage was useless?
When did you realize that fighting for your marriage was useless? Many people ask me questions about “my” divorce. I am not divorced, I never have been, and (God willing),…
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…
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…
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…
What are the biggest challenges a divorce lawyer faces?
What is one of the biggest challenges of a Divorce lawyer? First, read Donald Baranski’s answer to this question (which provided below); it’s excellent, and any divorce client would be…
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…
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…
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…
What is the best website to obtain advice from a divorce lawyer in the USA?
What is the best website to obtain advice from a divorce lawyer in the USA? You have an embarrassment of riches available to you, if you’re looking for good legal…
By law does a woman have to pay an abusive ex-husband alimony?
In the jurisdiction where I practice law (Utah), the question is not whether an abused spouse who makes more money than the abuser must pay alimony to the abuser, but…
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…