If you don't know about Rhode Island divorces and how they are processed or the laws that guide the family court, that is understandable.
However, knowing your divorce lawyer's philosophy about divorce can make you or break you. A divorce lawyer should know what his or her own philosophy is and it is a valid question to ask what a lawyer's divorce philosophy is when you interview lawyers to represent you.
What is a philosophy? It is the underlying thought process and guiding principles by which a person does something. For instance, there is a philosophy of law itself yet there are also different philosophies for different types of lawyers and even different philosophies for lawyers who practice in the area of divorce.
So what is the philosophy of the divorce lawyer you may be interviewing or meeting with about your case? It is said that actions speak louder than words, but at the outset the best you may be able to do is to ask the lawyer the question, namely "What is your divorce philosophy?" Or, "What is your philosophy for handling divorce cases?" My personal thought is this. If a lawyer has no idea what you are asking or does not know what you mean by a philosophy, I believe that to be a sign that the attorney you are interviewing has not thought deeply enough about their own method of handling cases and therefore you may not be happy with the attorney's representation.
In my professional and personal opinion, any Rhode Island attorney who practices divorces, should readily know what their philosophy is. So what should you be doing? Well, that's your choice as a prospective client, but if I were a client I would be thinking about how I would like my attorney to approach my case and what considerations they should have in mind when addressing my case. If the lawyer's philosophy doesn't meet the case approach or considerations that you believe you would like to be taken with your approach, then it is probably not a good match with that attorney.
My philosophy is not agreeable to every prospective client and I don't expect it to be, yet I believe my philosophy to be as noble as the principles that I endeavor to project to my clients because these principles are part of me.
My philosophy is client-centric. The client is at the center of everything and therefore it is not a matter of the divorce lawyer dictating every step of the process. In my divorce lawyer's philosophy I should always do several things.
1) Listen to your legal and personal needs;
2) Consider your financial well-being and balance any items that might need to be done in your case with the cost of those items in legal fees, etc... In other words, is the work cost-effective. Would you approve of what needed to be done for the possible benefit?
3) Address matters based upon your mental and physical well-being and considering all factors in your divorce situation. There is value to your anxiety, grief, emotional, mental and physical well-being and health. Isgetting an extra $1,500 for you in your settlement worth the cost to you of two extra days of stress and anxiety? It may not be worth pursuing due to non-legal factors because your importance is far greater than just a "divorce case" you as a whole person is most important.
4) I consider the stress on your finances and trust. Clients deserve respect and I must earn and keep your trust not only by your words but by my actions in your divorce. In a divorce situation you have entrusted me with a major part of his or her life. That is a tremendous amount of trust. Because of this you are not a paycheck to me. You are not a file folder. You are a person who has placed an important part of your life in my hands.
5) Ultimately, my goal is always to reach a reasonable settlement for you as quickly as possible and to do it within the parameters that you find reasonable provided I advise you of all the pros and cons of each aspect of your case. I need to do this because it is important that you be informed. How can you make crucial decisions in your divorce without being informed by your lawyer? You may need to have things explained to you only because they do not live in my lawyers world of technical jargon from day to day and I don't expect you to know what all the legal terms mean. So I make sure that understand it. Plain and simple.
6) In summary, I endeavor to settle cases reasonably, make sure youare are informed and understand everything that would go into the settlement, and help you to settle your case with as little stress, anxiety, physical drain on your system and as little drain on your finances as possible.
7) I serve you. I am the way lawyers were intented to be. No hidden agendas or motives. You deserve my help, my respect, my honesty, my understanding of your situation and the fact that you deserve to be listened to them more than I need to be talking. This is all about doing what is best for you as my client.
There you have it. This is my divorce lawyer's philosophy for my clients and explains how I process cases.
My philosophy does not work for every prospective client. Prospective clients who simply want to use my expertise to hurt or damage their spouse or cheat their spouse out of what they are entitled to from marital assets do not match my philosophy. Could they ask me for representation just the same? Certainly. Would I agree? Not likely. I have rejected cases that could put $20,000+ in my pocket for a single case. Yet knowing what the person wants to do is all I need to know.
My philosophy is one of integrity for my clients and for people generally.
Ultimately, some lawyers may bend for a price, especially in hard times when money is tight for many of us. I will not do it. My integrity is not for sale at any price.
Find a good divorce lawyer with integrity and a strong central morality that is designed to protect people and preserve the family unit and you have located a good divorce attorney. If that lawyer also offers a divorce philosophy that meets your needs and financial budget then you may have found just the right divorce lawyer for you.
Philosophy is at the center of every business man. Ask enough questions and you will find it. Match your needs to the business person's philosophy and you found the right lawyer (or business person) to meet your divorce needs. This isn't just for Rhode Island. It works for anything you need help with.
I am Attorney Christopher A. Pearsall
and I am The Rhode Island Divorce Coach!
My Best to All Who Will Go before the Rhode Island Family Court,
Chris










One Reason Rhode Island Divorce Lawyers Bill Against Retainers Provided by Divorce Clients?
Rhode Island Divorce lawyers have strayed away from being good-hearted and accepting payment arrangements and smaller retainers from divorce clients.
Why?
Well, one reason is far from greed. This story explains one major reason why most Rhode Island divorce lawyers bill against retainers and more and more are asking for larger retainers.
* * Attorney Goodheart's Story * *
Attorney Natalie Goodheart was an experienced Rhode Island divorce lawyer. When Clementine D. Vorce called Attorney Goodheart and explained her story, Attorney Goodheart was appaulled and entered into an agreement to represent Clementine for roughly a 40% reduced hourly rate.
Attorney Natalie Goodheart was true to her name and didn't hold Clementine strictly to their written fee arrangement. Instead, Attorney Goodheart focused on Clementine's needs rather than her own pocket and wasn't sending her a bill every other week despite the mounting hours because Clementine's needs were more important.
It was not your typical case. Sydney had filed suit claiming that he and Clementine were married. Clementine's position was that she wasn't married to Sydney. Yet Attorney Goodheart believed that Clementine was correct when it clearly appeared that Sydney simply was angry the relationship was over and wanted part of Clementine's assets despite his failure to contribute substantially to those assets during their relationship.
Unfortunately this particular Rhode Island divorce case became more difficult as it continued. This was not due to Clementine but due to Sydney wanting more and more from Clementine's assets.
Attorney Goodheart's work hours started mounting up on the case so from time to time she was forced to ask Clementine for a payment against all the hours that hours she was working.
Still, the Rhode Island Divorce attorney kept working for Clementine sometimes without asking for a payment for months despite the increasing hours.
Finally, Sydney forced the Rhode Island divorce to a trial. Attorney Goodheart warned Clementine that a Rhode Island divorce trial would be costly to prepare for and undergo and could cost between $10,000 and $20,000.
Attorney Goodheart and Clementine had already made several offers to resolve the issues present in the case but they were rejected. Clementine was understandably fed up. Clementine informed Attorney Goodheart that she would rather pay her to fight through the Rhode Island divorce trial than to make even one more offer to resolve the case.
Attorney Goodheart prepared extensively for the trial and unlike many cases this was a common law marriage allegation so in the end there would be a winner.
When the dust cleared Attorney Goodheart had won for Clementine. The Rhode Island Judge found there was no marriage and denied and dismissed Sydney's claims.
Attorney Goodheart's prepared the final bill for her representation at the reduced amount of 60% of her normal fee. In addition, she decided to offer to write off another $4,000 if Clementine paid the bill in full in 30 days.
Clementine's response was not the positive one Attorney Goodheart expected, especially in light of their "win" at trial.
Clementine offered to pay Attorney Goodheart 40% of the entire bill as payment in full. Attorney Goodheart was upset by her client's inability to realize what she was already offering yet she agreed to meet Clementine halfway by writing off approximately 50% of her bill.
Attorney Goodheart was astounded by the response. Clementine once again offered Attorney Goodheart the same offer after picking apart the Rhode Island Divorce attorney's performance during the case and the trial and clearly indicating that Attorney Goodhearts services were only worth 40% of the entire bill.
In the end, Attorney Goodheart decided that she wasn't about to let that much work go unpaid. A Notice of Appeal to the Rhode Island Supreme Court was filed and Attorney Goodheart terminated the attorney/client relationship and gave notice that she intended to collect on the entire debt.
This is on reason why Rhode Island Divorce lawyers bill against retainers and are more and more being less "Good-hearted" and requiring higher retainers.
There are many people who don't pay their divorce lawyers for the good work they do, even when their fees are reduced and the divorce lawyers agree to take a big hit on their fees.
Several Rhode Island attorneys who had the tendency to be "good-hearted" have shared with me that being "good-hearted" just landed them 3 times more clients that don't pay them than the ones that do and their receivables were huge. These attorneys lost several times more money than they make without the ability at tax time to reclaim any of their unpaid hours which may be lost forever.
Many RI divorce lawyers have learned that being good-hearted often leads to bankruptcy because the lawyer needs to be paid and good intentions of clients don't pay very many bills.
The fact is, many lawyers are not fat cats with condos, summer homes, boats, planes, large bank accounts, etc..... Some attorneys make much less than clients simply because clients won't pay a good-hearted attorney's bill.
Clients who don't pay their divorce attorneys cause a circular pattern which increases fees and causes rates and retainers to rise.
Perhaps derrogatory jokes about lawyers should end and jokes are more appropriate for the deadbeat clients who cause the polycentric problem of higher retainers and rates that attorneys need to charge to survive.
Yet for those of us who retain an optimistic hope, we are willing to work for a reasonable legal fee for clients who will actually pay our bills.
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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Copyright 2000 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!
Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.
* The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.
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Posted by Attorney Christopher A. Pearsall on May 06, 2011 at 07:18 AM in Affordable Legal Advice, Attorney Morality & Integrity, Billing Issues, Client Complaints, Commentaries, Common Law Marriage, Divorce & Affordable Help, Divorce & Assets, Divorce & Attorneys Fees, Divorce & Marriage, Divorce & Questions, Divorce & Trials, Divorce Attorney Fees & Costs, Divorce Costs & Expenses, Divorce Court, Divorce Hearings and Trials, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Settlements, Hourly Rates, Retainers, RI Common Law Divorces, RI Common Law Marriage | Permalink | Comments (0) | TrackBack (0)
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