Being a dedicated Rhode Island Divorce Lawyer involves more than just an advertisement in the Yellow Pages touting that you handle divorce cases. It also means much more than just having a placard outside your door indicating that you handle divorce cases that has been sitting there for the past twenty (20) years. It means staying abreast of legal developments in divorce and family law at least on major issues.
Consider this family lawyer scenario.
A prospective divorce client is referred by a friend to a person referred as a "good divorce lawyer." So the prospective client makes an appointment and meets with the lawyer. The prospective client hands the papers received from the constable to the divorce lawyer. The lawyer quickly reads the papers. The brief meeting goes something like this.
DIVORCE LAWYER: Well, these papers claim that you are a spouse in a "common law" marriage that was created by Rhode Island Law, that your marriage has broken down, and now your spouse wants a divorce. These are your divorce papers.
PROSPECTIVE DIVORCE CLIENT: What marriage?! We never got married. She's my girlfriend and I might consider marrying her when I'm ready but we sure as hell aren't married right now.
DIVORCE LAWYER: Depending on the facts, Rhode Island law allows a judge to declare that you are married and may have been married for some time.
PROSPECTIVE DIVORCE CLIENT: Well how the heck would I know?
DIVORCE LAWYER: Let me ask you a few questions.
PROSPECTIVE DIVORCE CLIENT: Okay.
DIVORCE LAWYER: Now you said you never got married, but how long did the two of you live together?
PROSPECTIVE DIVORCE CLIENT: Pretty long now . . .almost 13 years.
DIVORCE LAWYER: Do you own any property together?
PROSPECTIVE DIVORCE CLIENT: Just the house we're living in right now.
DIVORCE LAWYER: How do you file your taxes?
PROSPECTIVE DIVORCE CLIENT: Well, the past 3 years we filed jointly.
DIVORCE LAWYER: There's no point fighting it. A judge is going to find a common law marriage here. You tax filings make it a virtual certainty.
PROSPECTIVE DIVORCE CLIENT: But we never got married I tell you and I've got . . [interrupted by the Divorce Lawyer]
DIVORCE LAWYER: I'm sure I can get you a good settlement despite what these papers are looking for. Now the papers were served on you almost 20 days ago so we need to answer this Complaint in the next few days or you could get defaulted.
Now my secretary will take some information from you on the way out and she'll have you sign a copy of my retainer agreement and give you a copy along with a questionaire. Before we end for today I'll need a check payable to me for $3,500 so I can answer this complaint before you get defaulted so while you do that. . . [interrupted by the Prospective Divorce Client]
PROSPECTIVE DIVORCE CLIENT: I'd like to thank you for your time but I need to process this and I have an appointment scheduled with another attorney I'd like to meet with.
DIVORCE LAWYER: But you don't have very much time and . . .
PROSPECTIVE DIVORCE CLIENT: I understand. You've told me that. I'll call you if I want to proceed further. I'll show myself out.
The Prospective Divorce Client left this particular divorce lawyer's office.
Okay, let's snap back to you as the reader sitting there reading and considering this little exchange. Now imagine that you are the one seeking to hire a lawyer and you are expected by this divorce lawyer to plunk down $3,500 of your hard earned money for this lawyer to represent you.
What are we talking about here? We are talking about a lawyer who gave advice to a prospective client that opposing the Complaint for a Common Law divorce is not worth it even when the client insists there was no marriage. Clearly that isn't what the prospective client would like to hear. Yet there are times when a client has to realize the truth now matter how difficult it may be to swallow. But is this the truth?
The divorce lawyer asked only three (3) questions before making the determination, and even more important the divorce lawyer didn't even bother to ask the prospective divorce client about any of the facts and circumstances surrounding the prospective client's life, relationship, and lifestyle with this person who alleges they are married.
Ask yourself, does it make sense that Rhode Island law forms a marriage right out of thin air without signed documents, without a marriage certificate, and without any document telling either party not only that they are married to one anyone but "WHEN" that marriage occurred.
Okay, well these are only three things. Let's assume that it could be and still cover these three things. but there must be more, right? Doesn't it boggle your mind? I mean, do you have to be a lawyer to feel a bit unnerved and a bit shocked that such a powerful thing with so many legal benefits and obligations as marriage . . . could be formed so easily? If it doesn't make you wonder... then it should.
Divorce lawyer or not, if you were Spiderman, then your "Spidey Senses" would be tingling like crazy, or as a prospective female divorce client your women's intuition should be sending a signal throughout your body telling you that it doesn't make sense that a divorce lawyer could have you answer three (3) simple questions and essentially tell you to 1) agree that you are married when you haven't "officially married" the person and 2) not to oppose the divorce papers!
Think about it divorce laws themselves. Doesn't it even defy common sense to think that people who never got married and didn't think of themselves that way are, in fact, married?
The divorce lawyer has not shown you as the prospective divorce client a single stitch of anything that says if you give those particular answers to those particular questions that you are "in fact" married under Rhode Island Common Law. Based simply upon a referral, or even may appear to you to be a phenomenal reputation the lawyer may have as a "good divorce lawyer", . . . I urge you to consider using your wits and let your wisdom and common sense guide you.
Being a good Rhode Island Divorce Lawyer does not necessarily mean that the lawyer is good at determining who is married under Rhode Island Common Law.
Wouldn't you be inclined to look deeper than that? Perhaps you would demand a clearer explanation as to where it can be found that you are considered "married" under those circumstances. More specifically, wouldn't you want to know precisely where in the law it says that your answers prove that you are definitely married under common law.
I will suggest to you that if such a scenario were to occur, and I can assure you it has by more than a few lawyers, that in the very least you keep your head on straight and ask yourself this simple question, Did the Lawyer Ask Me Enough Questions?
Why? Because the divorce lawyer in this scenario, in my professional opinion has missed at least a dozen questions that need to be asked for a thorough examination of a Rhode Island Common Law Marriage matter.
So what happens if the divorce lawyer doesn't ask enough questions? Well, the advice is, in the very least flawed. More likely, the legal advice is simply wrong and the lawyer is doing you a disservice. The end result? You are not properly represented and you are unable to exercise the options and alternatives you may have access to simply because the divorce lawyer didn't do a proper analysis of the common law marriage in the first place.
We will address both what this lack of knowledge and thoroughness could do to you by discussing some of the factors regarding the formation of Common Law Marriages in Rhode Island in another article. The damages that could be caused to you as the prospective divorce client by an improper evaluation can be astronomical depending upon the circumstances.
For now, I will close with this thought. Common law marriages are far more complex than typical marriages and the same goes for common law divorce proceedings because they are filled with even more questions that must be answered. Common law marriages may be argued and it is one of the few cases where a divorce may be denied simply because a marriage did not exist.
Common law marriages in Rhode Island are not as easily formed and they are certainly not as easily dissolved. Therefore, if you are faced with a boyfriend, girlfriend, or domestic partner of any kind who claims you are married, and you are not, you need the help of a skilled divorce and family law lawyer who knows the law and knows the court system.
To find your divorce lawyer, you will need to remain sharper than the average person when seeking a divorce lawyer. As a lawyer dealing with marriages and their dissolution (divorces) almost exclusively for more than a decade, I will offer you this rule of thumb. If the RI divorce lawyers you are interviewing to represent you, or to give you advice do not ask you to explain your relationship and you are not asked at least a dozen questions, then you should consider another divorce lawyer.
The fewer questions you are asked, the greater indicator that the "divorce lawyer" simply isn't up to speed on his or her common law marriage doctrines or the current cases on the subject (something necessary for the divorce or matrimonial lawyer you will want to hire).
So remember this question, Is this divorce lawyer I am considering asking me enough questions before giving me any determination as to whether I am more likely or less likely to be considered married under Rhode Island Law? Less questions generally equate to less knowledge, less accuracy, less options and less left for you to continue your life within in the end.
For today, this is your Rhode Island Divorce Coach reminding you that awareness is the key.
Authored By:
Christopher A. Pearsall, Attorney-at-Law
Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!
Discover the Tremendous Benefits You Receive by
Participating in Family Law Coaching Sessions!
Visit the RhodeIslandDivorceCoach.com
Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!
Experience the Difference!
Copyright 2007 to Present. Christopher A. Pearsall, Esquire
Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!
* 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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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
Rhode Island's Full-Time Divorce* Lawyer is Now
Rhode Island's Only Divorce and Family Law Coach!!
Discover the Tremendous Benefits You Receive by
Participating in Family Law Coaching Sessions!
Visit the RhodeIslandDivorceCoach.com
Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!
Experience the Difference!
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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