Lengthy ago i overheard someone in a bookstore telling a group of people the reason they should not have their own attorneys, how they could not trust lawyers, how lawyers would cheat them and how they should trust the company the speaker belonged to instead. That conversation became me thinking about why people facing separation and divorce need not just simply any lawyer, but a good divorce lawyer.
Reason #1-What You have to know
You need to know your rights, duties and responsibilities under the law. Only a best child custody attorney palm coast who has been retained to represent your likes and dislikes can advise you. How can you realistically discuss financial arrangements in separating and divorcing, if you don’t know what your rights, jobs and responsibilities are? Not knowing what your rights are may lead to not getting your fair share of assets, your fair share connected with support or your fair share of time with your children. Not knowing what your duties and responsibilities are can result in your paying in excess of your fair share of assets or your fair share of help support. Most attorneys offer a special reduced rate for advising services to encourage people to get advice early and infrequently. There is no reason to rely on backyard fence advice, when you’re able to get real advice from a qualified experienced divorce lawyer for a realistic fee. Furthermore, in my experience, the backyard fence advice is frequently wrong. Remember that if what you hear is half accurate, it is still wrong.
Reason #2-Backyard Advice
My friend is definitely divorced. Why can’t I rely on my friend’s practical experience and knowledge. Well, you could do that but what you need to comprehend is that unless your friend is a licensed attorney, they is not authorized to practice law. Your friend’s knowledge will likely be limited to his/her particular experience. His/her experience with the legislation is limited to the facts of his/her case and the regulation as it was at the time. Things change. The law changes. Any change in the facts will change the outcome or advice. Furthermore, changes in the rules will change the advice. Your friend simply lacks advantage and experience to give sound practical legal advice.
Reason #3-Identifying Issues
The sooner you get a lawyer, the sooner you will learn what you need to know to defend yourself (and your children and property interests). Sometimes people have no idea how to go about identifying the issues they need to discuss, even if the separation is an amicable one and the parties anticipate a new “friendly divorce. ” A good, experienced divorce lawyer can assist you within identifying the issues you need to discuss with your spouse to achieve a comprehensive deal and global settlement. Over the years there have been numerous times when we were able to point out to clients areas they had initially overlooked in addition to issues which should be included in their settlement discussions, such as insurance, health insurance, and children’s educational needs.
Reason #4-To Show or Not to Share?
My spouse already has an attorney. Does someone really need to get one too? Can’t the same lawyer represent you both? The answer is no, not really. 30 years ago when I first begun practicing law, it was strictly forbidden for a lawyer to represent both sides to a divorce, no matter how “friendly” it was. There are some limited situation in which dual representation might be allowed, provided there is whole disclosure of potential conflicts of interest and a waiver with conflicts with informed consent by both parties. These cases are limited and in the event that unhappy differences as well as disputes should arise, the attorney must end often the representation and both parties must seek new counsel. So say the least, we rarely if ever agree to dual representation. We are based on our clients zealously within the bounds of the law and the fights in representing opposing sides are too apparent normally to agree to do so. Not only that, but if your spouse has a legal representative, that means that he/she has already sought legal advice and has many rudimentary knowledge of his/her rights, duties and responsibilities beneath law.
Someone once said knowledge is power. Will you rather be the one with the knowledge (and the power) or the one without knowledge? How trusting can you be of your spouse or his/her attorney in the circumstances? Remember that your personal spouse’s attorney already represents your spouse. In our experience, husbands and wives, especially those who tend to be controlling will think nothing for misrepresenting the law to gain advantage in the negotiation. Recently a client told me that her husband who remains in the spouse home told her that she was now his “landlord” and therefore she could not re-enter the home without his sanction and presence and that his lawyer said so. As you can imagine, everything he told her was wrong. Her husband also told our client that they did not need to use attorneys and could reach an agreement on their own without lawyers. He additionally said that if she insisted on having her attorney at law review paperwork before she signed it that he will find something to disagree with on each draft they are driving up her costs. Clearly he was trying to manipulate, intimidate and control his wife, who was wise to seek her very own independent counsel from a knowledgeable, experienced divorce attorney.