Cost Of Litigation Versus Mediation In Family Law Attorney

You don’t need a family lawyer

This may sound unexpected coming from a lawyer, but in many cases no, you don’t need a family lawyer to run your family law case.

If you are quite savvy you may well be able to ‘do it yourself’ and run your own family aw matter. There are more and more people self-representing in the family law courts. There are resources online which can help you in preparing your case and running it through the family law court system.

What role do family lawyers play, then? In short, while it is possible, self-representation is not for everyone. Not everyone is able to navigate the maze of the family law system, and prepare the reams of paperwork necessary and make the needed court appearances.

Hiring a family lawyer may end up saving you money

Not hiring a family lawyer can be a false economy. Often hiring a family lawyer will have a net result of not costing you anything – and a good one could end up paying for themselves many times over.

Family lawyers can take the stress out of it all

More importantly, however, going through a breakup is one of the most stressful things that can happen in life. Often having to navigate the court system and figure out how to draft lengthy affidavits and other court documents is the last thing that you want to be doing. Being in an adversarial position to your ex-partner can be incredibly stressful.

 

Family Law Disputes

When a couple separates or divorces, the law governs custody of children, child support and the support of a needy spouse. The law also governs the division of marital property and marital debt. There are laws that determine when you may divorce, the procedure you must follow, and what proof you need

Sometimes there has never been a family unit. Children may be born to parents who hardly know each other. Fathers may deny paternity and refuse to pay child support. Single mothers and single fathers may struggle with the burdens of parenthood. Grandparents may find themselves raising their grandchildren. The law provides relief to these children and to the people who are raising them.

Divorce

has “no fault” divorce. However, the law requires a spouse who wants a divorce to live apart from the other spouse for a period of time. If there are children, the separation must last for at least 365 days. If there are no children, the required period of separation is 180 days. There are different rules and longer waiting periods for “covenant” marriages.

Child Custody

law presumes that joint custody is in a child’s best interest. This does not mean that in all cases courts will split physical custody 50-50. It does mean that courts will encourage custody plans that maximize each parent’s opportunity to be with their child.

In joint custody, courts usually appoint one of the parents to be the “domiciliary” parent. The “domiciliary” parent has the authority to make important decisions in the child’s life such as where the child goes to school and what doctor he or she sees. If the non-domiciliary parent believes the domiciliary parent is doing the wrong thing, he or she can go to court and ask the judge to intervene.

 

Expert Family Lawyers Can Help You

FAMILY LAW ADVICE

Everyone knows someone who’s gone through a separation or divorce. It happens to 50% of couples. The legal system is designed to make things fair and equitable for everyone. When a relationship ends, you want to take steps to start moving on with life

The most important issues you need to resolve after separating are:

legally dividing the assets, money, super and debts of the relationship; and

make suitable arrangements for any children under 18.

Do I need a Lawyer?

Speaking to a lawyer does not mean you are escalating the situation or pulling out the big missiles right away. family lawyers are here to guide you through your separation. To help you do it as quickly as possible, as cheaply as possible and for you to get a good outcome.

Using a lawyer helps you stay on the right track and understand what to do next. Sometimes all we do is give advice, never communicate with your ex-partner, and make sure you’re taking all the right steps. We work behind-the-scenes.

You might have spoken to friends who’ve separated. While it’s a great idea to get emotional support from your friends, it’s not a good idea to get legal advice from someone who is not legally qualified as every situation is different – and bad advice could cost you.

 

FAMILY AND DIVORCE LAWYERS

offer a wide range of skills including thorough management of complex divorce cases as well as sensitive representation in emotionally charged custody proceedings.

offer extensive resources and a long list of services to satisfy the needs of our clients. legal experts use a team-based approach to cover every aspect of a case.

create positive overall experiences for clients even during difficult or tedious family law cases through exceptional customer service.

provide answers and peace of mind to clients during free consultations. You will not have to pay to speak to attorneys about a potential divorce or family law case

FAMILY LAW PRACTICE

The attorneys at Law are committed to helping you face your familial related legal matters head on with honest, straightforward advice and experienced legal representation. are a results oriented law firm and handle all types of family law matters

provide attentive, full service representation for all aspects of family law, including the practice areas of:

Divorce and legal separation

High net worth divorce

Executive divorce

High profile and celebrity divorce

Child custody and child visitation

Child support

Division of marital property

Spousal support and alimony

Prenuptial and postnuptial agreements

Paternity

Military divorce

 

FAMILY AND DIVORCE LAWYERS

With a careful eye toward quality of service over quantity of cases, carefully manage caseload to provide timely feedback and clear, consistent communication to clients at all times. feel that this approach grants clients peace of mind during otherwise difficult and turbulent times

family law practice is dedicated to achieving the best results. When your family is in the midst of a legal crisis or issue, it can be more than a little overwhelming, especially if you are unfamiliar with or intimidated by the legal system.

family law attorney who will guide you through all of your legal options and answer any questions you may have about how various decisions could impact your future and the future of your family. Whether you need a child custody attorney, a divorce lawyer, are trying to prove paternity and collect child support, or are unsure exactly what all might be involved with the impending dissolution of your marriage

WHAT DOES A FAMILY LAWYER DO?

Most law offices focus on divorce cases and their related issues, such as child custody, property division and prenuptial agreements. They may also offer services in estate planning, adoptions, domestic violence and other family law matters. While some focus their efforts in just one practice area, most accept cases across different subjects.

family lawyer provides depends on the law firm, as well as the needs of the particular case and client.

Answer questions and provide legal advice

Draft prenuptial and postnuptial agreements

File a divorce, separation or annulment petition

Respond to someone else’s divorce petition

Negotiate the terms of a divorce or separation

Offer alternate dispute resolution services (arbitration and mediation)

Litigate a divorce trial

Represent a client during custody proceedings

Negotiate the terms of a business contract

Attend child neglect hearings

Tips To Find The Best Personal Injury Lawyer

6 THINGS YOU SHOULD KNOW BEFORE FILING A PERSONAL INJURY LAWSUIT

If you’ve never been involved in a personal injury lawsuit, you may not know what to expect. Here are 10 things you should know before filing a claim.

  1. Personal Injury Lawsuits Are Designed to Protect You

After an injury, you likely have a lot to contend with: medical bills, lost income, emotional stress, and the upheaval of your daily routine. Personal injury lawsuits are designed to protect the rights and financial futures of injury victims like you. With the help of a personal injury attorney, you may be able to recover compensation through a settlement with the defendant, or at trial.

  1. Don’t Sign Anything Before Consulting an Attorney

An insurance adjuster might try to convince you that you don’t need a lawyer, but remember that insurance companies often don’t have your best interest in mind. Many of them want you to deal directly with them in hopes that you’ll settle for far less than your case is really worth. It’s imperative that you not sign anything before speaking to a personal injury lawyer, as doing so could prevent you from recovering the compensation you deserve.

  1. There Are Two Ways to Win a Case

Personal injury cases can be settled out of court or ruled on at trial. A settlement is an agreement between the plaintiff and the defendant as to how much compensation the plaintiff will receive. A verdict, on the other hand, is a decision made by a judge or jury following court proceedings. That means that even if a settlement can’t be reached, your attorney still has a viable path to recover the compensation you need. (In fact, in many cases, the jury award is significantly higher than the pre-trial offer.)

  1. Personal Injury Cases Can Be Time-Consuming

Personal injury cases are complex, and therefore settlements and trials can take months, if not years to conclude. To compound matters, insurance companies often try to drag out the process in hopes that the victim will cave and settle for a lowball offer. It’s important that you never settle for less than your case is worth. Our attorneys are dedicated to resolving your case quickly and efficiently, but most of all, to achieving the best possible outcome for you.

  1. It’s Hard to Value a Claim Without Reviewing the Facts

A variety of factors may influence the value of a claim, including the severity of the injury and the circumstances surrounding the accident. Without first reviewing the facts of the case, it’s difficult to pinpoint how much a claim is really worth. However, you can rest assured knowing that Morgan & Morgan has a long track record of success. We understand how to value a claim, and we aren’t afraid to fight for fair compensation at trial if necessary.

  1. You Have Limited Time to File a Lawsuit

Every state has a statute of limitations: a timeframe for filing a personal injury claim against the negligent party. Statutes vary from one state to the next, so it’s important that you contact a personal injury attorney as soon as possible to ensure that you don’t miss the deadline for filing in your state.

 

IS IT WORTH HIRING A PERSONAL INJURY LAWYER?

Suppose you needed treatment for something life-threatening. Would you trust your care to just anybody? Would you trust it to the reading you have done on the internet about homeopathy or self-medication? Do not deny yourself experience and skilled practice in the name of saving money. In the above example, a doctor would tell you you are risking more than your healthcare dollars in the long run.

It is much the same when you choose not to talk to a personal injury lawyer before you accept any settlement from an insurance company. The goal of a personal injury lawyer is to make sure you receive every dollar you are legally entitled to receive. All the other parties to the case — the other driver, his or her insurance company, his or her insurance company’s lawyers — are determined to prevent you from receiving what you are owed.

One essential thing to remember is that a reputable law firm will operate on a contingency fee basis. This means that if your lawyer is unable to recover any compensation for you, you don’t pay for the service. Without the risk of having to pay fees in return for zero compensation, there is simply no reason to forego the expertise afforded by a personal injury lawyer.

Success in accident cases is frequently reduced to one simple premise: proving which party was at fault. Establishing blame is hotly contested. Proving who is responsible, convincingly, always requires an in-depth investigation. Private detectives may be hired. Witnesses are identified. Statements are taken. Subpoenas are served and photographs of the scene are taken.

Would you know where to begin? What steps to take? What evidence to preserve? This is why hiring a personal injury lawyer can save you time and frustration and give you a better chance of a successful outcome.

 

5 Bad Things That Can Happen During the Injury Claims Process

  1. The person at fault may not report the accident to their insurance company.
  2. The insurance company may delay investigating the claim and accepting responsibility for the accident.
  3. The person responsible for the accident may not have insurance coverage.  If this is the case, you will have to file your injury claim with your own automobile insurance policy.  If you do not have full coverage you may not be able to make any recovery.  This is why every automobile owner should always add “Uninsured Motorist and Underinsured Motorist” (UM/UIM) protection coverage, as well as “personal injury protection” coverage (PIP), when the buy automobile insurance.  UM/UIM helps repay costs that the other motorist’s insurance (or lack thereof) cannot cover.  PIP pays some of the out of pocket costs for medical treatment that you incur after an accident.
  4. If are still paying off your car loan, and you fall behind on your payments because of medical expenses or missed work after an accident, the bank or the car dealership may repossess your car.
  5. You may have paid too much for your car, including financing costs and the sales price.  If this is the case, and your car is a total loss, you may be “upside down” on you loan.  This means that the value of your vehicle is less than the amount of the loan that you still owe.  In other words, you may end up without a car but still having to pay more money to pay off the loan.  This also makes it very difficult to obtain another vehicle. To help protect against this there is a type of insurance coverage called Guaranteed Auto Protection (“GAP”) insurance that he is good protection to consider buying if you buy a new car.  It is also a good reason to search for the best deal on a car, including buying a used vehicle to avoid paying the new car “premium” that puts your finances at risk if you have an accident.

 

What Does a Personal Injury Lawyer Do?

A good personal injury lawyer will listen to you, do thorough information and evidence gathering, talk to you about your options, and assist you in pursuing the course of action that you choose.

This includes:

  • Handling your case personally, listening to your needs, and responding quickly to your questions.
  • Calculating and documenting all of your losses.
  • Ensuring that all court documents, insurance claims, and other paperwork are filed correctly.
  • Systematically gathering crucial pieces of evidence.
  • Interviewing witnesses who saw the incident that caused your injury.
  • Representing your interests during negotiations with insurance companies.
  • Fielding prospective settlement offers and acting in your best interest.

A personal injury lawyer can help take the burden of the legal process off your plate and help guide you through this sometimes frustrating and complex process.

 

Benefits of Hiring a Personal Injury Lawyer

If you or someone you are close to has ever been hit by a car, you know how disoriented one can become when it happens to them. If you’ve been hurt or injured by the negligence of another person, company, or driver; it is possible to seek compensation for your medical bills and other related expenses. You don’t have to call a personal injury lawyer after car accidents, but these are some reasons why you should.

They Are Professional and Objective

Car accidents and personal injuries cause a lot of pain and emotional upheaval. This trauma may make it difficult to make objective decisions as far as your accident/injury is concerned. A personal injury attorney will file personal injury claims on your behalf. They will also help bring knowledge, skill, and experience into your case; and this will help you get the settlement you deserve.

They Know How to Negotiate

After an accident has occurred, and personal injury claims have been filed, the offending party’s insurance representative handles these cases daily and can be very persuasive when it comes to bargaining for lower compensation. Negotiating with insurance companies can be very challenging and they have techniques on persuading you to accept their first offer. This is why you need an experienced lawyer to help you through this period. Hiring a personal injury lawyer after you’ve been injured often leads to heftier compensation.

They Help You Make Better Decisions

If you aren’t a lawyer, filing a personal injury claim may seem like a long and complicated legal process. Sometimes, the offending party owns up to their mistake and is willing to compensate you. In such cases, if the compensation amount is adequate for your injuries, it would be unnecessary to take court action. A qualified personal injury lawyer will analyze your unique situation and inform you of the options that are available to you. They can also provide counsel on the best route of action, depending on the severity of your situation.

They Can Provide You With Legal Coverage

Often, the offending parties contest personal injury claims, and this prompts you to take court action. The other party will have a lawyer, and you not having one will probably turn the odds against you. Having the support of a personal injury lawyer will help level the playing field. An experienced lawyer will give you adequate legal representation after car accidents. They will gather all the evidence you need to win your court case.

They Can Help You Get Faster Compensation

If you don’t have a lawyer, you will have to wait until you have recovered sufficiently before going to seek compensation. This implies that it will take you much longer to get your settlement. You should call a personal injury lawyer immediately after your accident. This way, they can file personal injury claims on your behalf while you are recuperating. A qualified personal injury lawyer has vast experience with similar cases to yours and the legalities involved with those cases, hence they can side-step all setbacks and help you get compensated as fast as possible.

Tips To Find The Best Family Law Attorney

Choosing the Right Family Law Attorney

Find an attorney you can work with.

Your lawyer will be your partner throughout your case. You may need to confide sensitive or embarrassing information to your attorney – things you would prefer not to tell anyone. You’ll be speaking to your attorney frequently, and you’ll need to be able to provide information and understand your lawyer’s explanations of certain steps in your case or how the law applies in your situation.

Interview prospective attorneys with your needs in mind.

When you contact a law firm to speak to a prospective attorney, be as clear as you can about what you’re looking for. Many lawyers will agree to speak to you for no charge so that both of you can determine whether you’ll be a good “fit” for one another.

Ask for advice, but make your own decision.

Asking friends, family members and co-workers to recommend an attorney is one way to collect information about family law attorneys and law firms in your area. Attorney guides like Martindale-Hubbell or Avvo can also point you to local law firms, as can reading law firm websites and reviews.

Pick a lawyer, not a law firm.

The most important relationship is not between the law firm and the client, but between the law partner and a client. Seek out a relationship with an individual partner in a firm as your lawyer. Never have a relationship with a law firm — have a relationship with a lawyer. Make it that partner’s responsibility to manage your case. If your case is passed off to an associate, demand an explanation and demand to know the associate’s experience. If the law partner that drew you to the law firm wants to pass off your case to an associate, then you should be thinking about another firm. Ask the lawyer you meet with this question: “Will you be handling my case?”

Ask yourself: “Do I like this lawyer?”

You must be able to get along with your lawyer. The initial interview is as much about deciding if you can have a working relationship with your attorney as it is finding out about how the law applies to your case. If the lawyer you are meeting with is abrasive, distracted, disorganized, or acts in any other way that does not give you confidence, consider how you will feel later on in the case if you chose this lawyer.

 

TIPS TO CHOOSING THE RIGHT FAMILY LAWYER

Make Your Choice

Based on your search, choose a family law firm that is professional, local, knowledgeable, and responsive. You want a lawyer you can communicate with and trust who understands your priorities.

Watch for Red Flags

If a lawyer divulges confidential information, is distracted, or isn’t respectful during your initial meeting, they probably will continue to act that way. Look for a Calgary family lawyer who will treat you with the attention and respect you deserve.

Interview and Research Potentials

Talk to your top choices to find out as much information as possible, such as their range of experience, rates, and what kind of clients they typically represent.

Identity Potential Lawyers

Ask for recommendations and go online to find a few potential Calgary divorce lawyers to consider.

Consider Your Options

Depending on your goal, there may be other options besides traditional litigation. Mediation and arbitration are a couple other options that are more private.

 

How To Choose The Right Family Lawyer

Reasonable fees

All lawyer fees in family law must be reasonable. Your lawyer shouldn’t aske for a an unconscionable fee. Cheaper isn’t always better – you don’t want someone cutting corners nor do you necessarily want your case handled by someone inefficient. On the other hand, high fees don’t always correlate to the best representation in court. Find a lawyer that has flexible solutions that will fit your needs.

Ask for recommendations

You wouldn’t see a doctor without a reference and a strong recommendation – adopt the same approach with your family lawyer. You don’t have to hire the first attorney that you meet with. In fact, it is better to ask for recommendations from friends and family, or look online: to create a small list of attorneys to choose from. Once you have met with your family law attorney candidates and done your research on them, you should be able to make a decision as to which attorney you will hire. Choose a lawyer who makes you feel comfortable, who answers your questions in a way you understand. Address any concerns or doubts to your attorney and be sure you are both on the same page. Avoid any attorney who has solicited your business or who suggests anything unethical, such as a “guaranteed result.” Nothing in life is guaranteed. The right attorney will not pressure you into hiring him/her, and he/she will not hesitate to give you any references or credentials you request on the attorney’s experience.

Take time to check how experienced he is

Ask as many questions as you consider necessary to evaluate the lawyer´s background and experience. Sometimes, certain lawyers claim to have a lot of experience, but in fact have very little. The more you know up front, the fewer surprises you´ll encounter down the road. For example, whether you think you can settle your case through divorce mediation or fear you may need to go to trial, you won’t have to experience this legal battle alone. An experienced divorce attorney will know which steps you need to take to ensure your best possible outcome. Do not settle, demand expertise and experience.

What to look for in the first meeting

No matter how experienced or competent the lawyer is, if you don’t feel comfortable with him or her during the first meeting, you may want to keep looking. First and foremost, make sure that you know the implications of what you are considering. The important thing here is to avoid litigation for the purpose of revenge or anger. It is a far better approach to understand that you are here to fix the situation and make it better for everybody involved, so you can focus on moving forward in life and finding a brighter future. Start with a positive attitude. Keep in mind that a positive attitude will lead to a positive outcome.

Find an attorney you can work with

Your lawyer will be your partner throughout your case. You may need to tell him embarrassing pieces of information, secrets you would prefer not to tell anyone. You’ll be speaking to your attorney frequently, and you’ll need to be able to provide information and understand your lawyer’s explanations of certain steps in your case or how the law applies in your situation. Family law tends to be among the most emotionally charged legal areas, so make sure you choose an attorney who displays sensitivity to your most personal concerns but please keep in mind that your attorney’s role is to represent you in a legal process, not to be your therapist.

 

Tips For Choosing The Best Family Law Attorney

Referrals from friends and family

The first thing to do when looking for a family law attorney is to ask close friends and family for references. Most people need to use an attorney at least once in their lives, and chances are you know some of those people. Ask neighbors or colleagues for recommendations. Maybe you are considering filing for a divorce. Ask any close friends who have been through a divorce if they liked the attorney they worked with.

Consultations

Once you have narrowed down your list to two or three attorneys, consider setting up an initial consult. Some attorneys offer the first consult at no charge. Ask each family law attorney that you call if they offer the first consult free. Even if the consult isn’t free, it may be worth paying some money to find an attorney who is the right fit.

Ask Question that assists to make a decision

Before your first consult, write down any questions you may have, so you don’t forget anything. Ask the family law attorney if he has handled a case like yours before and how many years he has been working with such cases. Ask him about his legal strategy. Ask him about his fees and the fees of any paralegals or legal assistants he works with. Explain your case to him and ask him how the case will proceed and what he feels the outcome will be. As you do this, you will able to discern which lawyer will best fill your needs.

 

Tips on How To Choose the Right Family Lawyer

Family law matters can be some of the most stressful and emotional experiences we go through in our lives. This makes the task of choosing the right family lawyer one which demands careful thought and research.

Finding the right family lawyer can be a nightmare due to the emotion of what is being dealt with quite apart from sifting through legal profiles and information about ‘great’ family lawyers. When looking for the right firm, patience is truly a virtue. It may also save the hassle of making a rash decision in a panic.

Know exactly what you are looking for: Why do you need a family lawyer? Are you getting a divorce or is there a dispute over child access with your former spouse? If you cannot clearly communicate to a professional what you need, the process may be one which is drawn out more than it has to be.

And remember that while you are dealing with an emotional issue, it is not your lawyers’ place to simply act as some sort of counsellor, but to impart the very best legal advice.  Keep your relationship professional and focused on the issues you want your lawyer to address for you.