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…

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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…

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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…

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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.…

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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…

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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,…

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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…

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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,…

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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…

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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…

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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…

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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),…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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