Why Are Divorce Lawyers Required?

What is divorce? It is the legal act performed by married couples to end their marriage. Divorce is the ultimate step that couples take in marriages that have problems. It is not very favorable, but, in situations where it cannot be avoided; it should be handled with utmost care. Divorces are sensitive issues and leave lifelong scars. The main purpose of a divorce is end the marriage altogether. It can become a messy and long drawn process if it is not handled properly.

In the U.S., each state has its own set of laws regarding divorce. Therefore, Oregon too has its own set of laws.

So how does one go about a divorce? It is not a cheap process and requires a strong mind. If children are involved, the situation gets more complicated. The first thing to be done, when filing for divorce, is to get a good lawyer. It is most important that the client is honest with the lawyer, as the more the lawyer knows about the case the better his appeal will be.

Good divorce lawyers are ones that can handle the case in such a manner that the damage to the people involved is minimal.

Some points are to be kept in mind while appointing a divorce lawyer:

1. It is recommended that a person should consult at least three lawyers before finally choosing one.

2. A good and experienced divorce lawyer should be able to answer any query the client may have regarding divorce proceedings.

3. He should have a good idea of the local laws of divorce.

4. He should be up to date with the recent changes in the law.

5. The fees of the lawyer are another important factor to be kept in mind. Generally the more complicated the case, the higher the fee is.

6. He should not forget that the way in which he handles the case affects the emotions of the people involved.

The other areas that have to be taken care of while filing for a divorce are the custody of the children and the terms of child support. This is one of the most difficult parts, trying to decide what is best for the child. A good lawyer will be able to suggest a path that is beneficial to both parties.

No Lawyer Required – Small Claims Court

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?

This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

Stress, Anxiety, and Substance Abuse as a Cause of Impairment in Lawyers

“One of every four lawyers suffers from stress, and out of 105 occupations, lawyers rank first in depression. In addition, a disproportionate number of lawyers commit suicide. These are some of the troubling conclusions that can be found in various studies of addiction and depression.” Reports Robert Stein, ABA Executive Director, in the June 2005 issue of the ABA Journal.

The costs of stress, alcoholism, and drug abuse is very high for the legal profession. The American Bar Association and all state bar associations have provided “lawyer assistance programs” that can help to treat “impaired” lawyers. Most of these programs also address the issues of clinical depression and disorders related to gambling, sex, and eating.

If you do not realize the significance of this troubling situation, consider being represented in your important legal matters by an impaired attorney. It could cost you thousands of dollars or even your freedom if you or your interests are not protected by competent legal professionals. In the state of California, there is a requirement for Continuing Legal Education (CLE’s) which includes a minimum of 1 hour every 3 years on stress management or substance abuse for all licensed, practicing lawyers to maintain their license to practice law.

The practice of law is inherently stressful. Much of the time lawyers find themselves battling with other legal professionals for their clients best interests. Trail lawyers must think quickly and communicate with precision and skill in the courtroom. Corporate lawyers must be concerned with legal details that require focused attention and great care. The competition to be successful as an attorney can lead to stress, anxiety, depression, and substance abuse.

People preparing to become attorneys often struggle with stress in law school and in the multi-day testing that is required to “pass the bar.” The stressful issues that can begin in law school can set up future practicing attorneys for bad habits in coping with the stress and anxiety of the profession. Some law schools offer coursework for life skill management to better prepare their students to be able to perform at the highest level for their clients and for their quality of life.

Because lawyers are trained to be precise and use their cerebral abilities for day to day work, they are often in denial regarding the needs for stress and anxiety management until bad habits are established or symptoms cause significant challenges. Even managing general partners in major law firms have great professional and personal concerns regarding “impairment” within their organizations. An accidental mistake or oversight can open a law firm to their own costly law suits for malpractice. Many concerned managing partners are requiring that their attorneys practice preventive measures to control stress, anxiety, and depression. This can be found in group trainings, EAP’s or individual coaching. Coaching can also offer enhancements to time management, improved communication skills, and long term career planning. An interesting and unexpected benefit to this training and coaching is that this preventive work can actually save lawyers time and energy by helping to minimize the impact of distractions due to stress. This improves performance and can help to increase profitability. Key personnel are important assests and professional coaching or mentoring programs have huge cost benefits.

Everyone, even lawyers, require professional assistance to get through the difficult periods. Lawyers just seem to require more attention as they work to survive, at the highest functioning levels, in the “meat grinder” of their professional life. Most people who know practicing attorneys know that their attorney family members or friends can benefit from a sense of humor and better stress management. In increasing frequency, law firms are using retreats to help de-compress and then get down to business planning.

More information can be found in the article by Robert Stein at
http://www.abanet.org/legalservices/colap/ABAJournal200506_Help.html