Is being a divorce lawyer miserable?
Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are…
Do Pro Se Divorce Parties Succeed?
Do Pro Se Divorce Parties Succeed? Do you know of anyone who decided to represent themselves pro se when the other party had an attorney in a family law case,…
Have any tips for representing yourself in family court?
Have any tips for representing yourself in family court? Do you have a success story as a pro se litigant? First, my answer comes from the perspective of a divorce…
Do I have a chance in divorce court without a lawyer? Do I really need one?
A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read…
Are family law and divorce attorneys working during the Coronavirus?
Are family law and divorce attorneys working during the Coronavirus? Yes, at least we are here in Utah, where I practice. Courts have done a fairly good job of holding…
Lawyers, what’s the most annoying thing TV and Hollywood get wrong?
Lawyers, what is the most annoying thing that TV and Hollywood get wrong in legal movies and TV shows? Presenting the legal profession as though lawyers and judges never make…
COVID-19 just created a buyer’s market, if you need an attorney
COVID-19 just created a buyer's market, if you need an attorney. The Utah legal market for lawyers of every kind will soon be a big-time buyer's market. Why? The Utah…
Do opposing attorneys ever make bets on how a judge will rule?
Do opposing attorneys ever make bets on how a judge will rule? Yes, but usually in the sense of, “I’ll bet you Judge Brown won’t allow that in,” or something…
What are some reasons for offering pro bono legal services?
While I provide some pro bono assistance (but not exclusively), I don’t like providing most kinds of pro bono legal services. I know I’m not alone in feeling this way.…
Do lawyers still actually consult law books, or just have them display?
Do lawyers still actually consult law books, or look things up on computers and have the books for display? Books are becoming more and more irrelevant as computers become more…
Can all attorneys refer to themselves as “esquire”?
Yes, but it’s silly. There any many explanations as to why, but this is among the better ones: Get Over Yourself and Stop Calling Yourself ‘Esquire’ Utah Family Law, LC…
Do lawyers always like the clients they represent?
No. Some attorneys will represent anything that pays them, no matter how repulsive they are, some attorneys find themselves stuck with the occasional client they don’t like. Some attorneys claim…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
Are lawyers good at lying or attempting to deceive their clients?
Generally, yes. That does not, however, mean that just because a lawyer can deceive a client that he or she will deceive the client. Are there lawyers who deceive their clients? Yes. Do all…
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…