Monday, September 12, 2016

Aggressive representation

We've all seen the commercials of attorneys bragging to be the Strong Arm of the Law or the Bulldog.  There are YouTube videos of corny commercials the nation over of attorneys practically chanting while wearing their war paint about how they'll fight to the death for you. Which raises the question, should you be looking for an aggressive attorney?

Maybe.

You should be looking for someone who CAN be aggressive, IF the need arises.  To that point, you should be looking for an attorney who tailors her approach to your unique situation. 

Not every case should be approached aggressively.  It may make more strategic sense to approach your case congenially, in order to make the other party look like an unreasonable bully.  Often times, opposing lawyers get along with each other, which tends to increase your chances at settling and thus saving money.

On the other hand, there are times when the other party is being SO unreasonable, an aggressive offense makes the most sense.  It may intimidate the other side into a more reasonable position, or drive up that person's attorney fees to the point they can't afford to keep fighting.

Question your attorney's approach and ensure that it makes the most sense for your set of facts.  You may dislike your ex (to put it mildly) but that doesn't mean being out for blood will work well for what your goals are.


Tuesday, August 23, 2016

How to Have a Simple Divorce in Colorado

The two things anyone getting divorced wants to know are: 1) how long will this take and 2) how much is this going to cost?  The answer is simple:  depends on you.  You and your soon-to-be ex can decide how long you want this to take and how expensive you want it to get.  I'll break it down for you:

You can get divorced one of two ways:  go in front of a judge or settle.  People who are able to come to agreements on custody and finances settle.  Those who can't agree on everything go in front of a judge who decides that issue for them.  It takes time to get before a judge because their schedules are busy.  Also, hearing dates can get pushed back further if one side wants to engage in formal discovery (a process where you may be required to produce three years' worth of bank statements and other financial documents).  The process can get expensive, depending on who your attorney is and what information you're trying to get.

A little secret for you:  lawyers make most of their money going to trial because it's a lot of preparation time and time out of the office to bill you for.  There are lawyers out there who will encourage you to fight over things just to keep you from settling so they can make more money from you.  In a divorce, everyone loses but the lawyers.

The solution to a simple divorce is this:  Settle.  Don't fight over small stuff.  Go to mediation and be willing to compromise.

I am a mediator with a terrific track record for settlements, even with the most difficult people.  I can give you all the forms you need to file for divorce.  I can help you and your soon-to-be ex reach agreements on everything.  We will do the mediation with you two in separate rooms in order to keep emotions down.  And I can do it for a lot less money than either of you will pay for lawyers to fight it out and go to trial.  You could have everything done in a matter of days or weeks, as compared to nearly a year if you go the traditional route of hiring lawyers.


Trial Testimony Tips in Family Law

  ^Don't be this guy. ^ As a family lawyer I have prepped countless clients and witnesses for trial.  This post is to share that advice ...