Rhode Island Divorce Tips by Attorney Chris Pearsall

A Lawyer who Hates Lawyers? What is this RI Divorce Lawyer Really Saying?

Today, I am a Rhode Island lawyer focusing my practice on divorce and divorce coaching.  Looking back decades ago I remember another lawyer who had been practicing in another state for some 40+ years who said something that perplexed me.

* * * Remembering the Lawyer who Hated Lawyers! * * *

The lawyer was about as true, honorable, and generous a gentleman as I have ever met.  He had all the qualities I envisioned a good lawyer would have.  He truly cared about each of his clients.  He fought for each one within the bounds of the law, within his professional code of ethics, and with a high degree of morality. The lawyer knew that I greatly admired him as both a person and as a lawyer.

One extremely hot summer afternoon this lawyer returned to his office after losing a district court hearing.  He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in his office law library.  His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room.  There was an endless silence.  

Finally, I spoke, 

Chris:  "I'm considering becoming a lawyer."

The lawyer lifted his head, wiped his brow with a napkin, grabbed a nearby law book and flung it across his law library breaking the law book's spine.

It was one of the first times I had ever seen this man so upset.

I was quiet until the lawyer spoke.

Lawyer:  I HATE LAWYERS!

This time the pause was endless yet I was just too puzzled not to speak.

Chris:  "I don't understand!?!  You ARE a lawyer."

The lawyer was quiet again, so I asked it as a question.

Chris:  "How can you hate lawyers when you ARE one? 

The lawyer waited quite awhile before speaking.

Lawyer:  Chris, if you're anything like me, you'll understand when you get there. 

The conversation ended.

* * * 20 Years Later We Agree * * *

I've been working in the legal field now for more than 20 years since that conversation.  

As a Rhode Island lawyer, I am bound by a Professional Code of Ethical Conduct among other things.  There are things that I shouldn't say or do and there are things that I can't say or do despite the right to Free Speech guaranteed to all of us by the United States Constitution.  The layperson would be amazed. 

* * * A Message for Roger * * *

For a point of reference only, the lawyer's name was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

First, to this great lawyer.

Roger, I was like you.  I understand!

* * * A Message for Readers * * *

Now, to my readers I offer this.

You may not understand this statement until you meet with me.

If you like lawyers, you probably won't like me.

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I cannot make your problems go away.  No lawyer can!  Yet some lawyers may tell you they can to get you as a client.

Lawyers can't make your problems go away because fundamentally they are your problems.  Only you can take responsibility for those challenges in your life.  Only you truly have the power to resolve those challenges by your decisions.

However, I can tell you that I can help you understand and get through your Rhode Island divorce or family law challenges by working with you either as your Coach or as your Representative.

* * *  Your Divorce Coaching Program * * *

Roger's words were invaluable.  Today, they are the powerful force motivating the continued growth of your Family Law Coaching program.  

I call it Your Program because it is designed specifically for you.  It is designed to teach you, train you, advise you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical for you, and become more helpful for you.

Whatever you choose to believe, there is one thing you can know with certainty. I am one lawyer trying to make a difference for YOU with a new and innovative way of practice designed by hard work, my belief that you can do more than you believe you can at this moment, and your willingness to be open to something new that works. 

What can Your Coaching Program help you with?  Here is a brief list . . .

Rhode Island Divorces & Legal Separations, Rhode Island Child Support Establishment, Modifications, Collections and Terminations, Rhode Island Child Custody Matters and Child Custody Modifications, Rhode Island Petitions to Enforced Marital Settlement Agreements and Property Settlement Agreements, Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements in Rhode Island, RI Petitions to Move Out of State with Minor Children, Petitions to Establish Paternity in Rhode Island, Rhode Island Motions to Adjudge In Contempt and Defense of those Contempt Motions, Protection from Abuse Petitions and Defense Against Such Petitions, Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation, RI Common Law Divorces and their Defense, Rhode Island Legal Rights, Rhode Island Family Court Procedures, 2nd Opinions about your Attorney on Rhode Island Divorce Cases, Pro Se Representation (i.e. Representing Yourself Appropriately in Family Court), and many more . . . 

Look for the Testimonials Section about Your Coaching Program which is coming soon.  Feel Free to Call Me for a low-cost Coaching Session!

Attorney Christopher A. Pearsall - Phone: (401) 632-6976

Uncontested RI Divorces - What Rhode Islanders Need to be wary of!

Do you have a Rhode Island divorce that you would like to settle amicably, economically and as quickly as possible?  If so, you may have an uncontested divorce.

So what do you need to be wary of? 

Simply put, hiring the wrong uncontested divorce lawyer!

You would think it would be easier, wouldn't you?  Of course you would!  After all, in an uncontested divorce the parties are more agreeable and they don't want things to be a battle.  That should mean that it makes less work for your uncontested divorce lawyer, right?

Logic would make you think that an uncontested divorce would cost less if you hire any lawyer in Rhode Island.  Sadly, it's not always the case.

Now, I want you to know that there are good lawyers in Rhode Island who will treat your uncontested divorce properly and make a real effort to settle your divorce exactly as you want it . . . amicably, economically and as quickly as possible. 

Regrettably this is not true for all lawyers who might handle your uncontested RI divorce.  As a divorce practitioner I try to maximize my time when I am in court.  Typically I am found working on another client's case to maximize my time before the Judge takes the bench or when the Judge has left the bench to hear conferences or for the morning or afternoon break.  Most of this time is spent trying to block out the chatter of other lawyers when I'm doing this.  However, many times some of it seeps in because of the nature of the conversation.

I overheard a conversation in which one lawyer determined how much it would cost for the lawyer's yearly trips abroad, the cost for payments on the lawyer's summer home, the cost of private school for the lawyer's children and other costs the lawyer had to pay.  What forced its way into my workday as I waited for my conference time with the Judge was the lawyer's statement that he/she had to bring in X number of clients each month and had to make $4,000 off each client in order to make the lawyer's desired income for the year.  The lawyers conversing with each other did not differentiate between a contested case or an uncontested case.  The lawyer's goal was simply to make $4,000 off each client regardless of the circumstances.

If you had an uncontested divorce in Rhode Island and you happened to interview the lawyer in this conversation, and you wanted an amicable, economical divorce as quickly as possible . . . would you want to know the lawyer's underlying financial goals for himself or herself?  Would you hire that lawyer if you knew that the lawyer's expectation was that the lawyer make $4,000 from you by the time your case was completed?

This is the danger Rhode Islanders and others going before the Rhode Island Family Court System and seeking an uncontested Rhode Island Divorce need to be aware of.

In one case I have represented a client whose husband engaged a lawyer who in my professional opinion is without scruples and has little concern for anything other than money.  Very shortly into the case the spouses began to be very amicable with one another.

I always make it a practice to encourage parties to be amicable and to speak with one another to resolve their issues if they are able to do so because it is not only in their own best interests but leads to a faster and less expensive divorce.  The husband apparently came to the conclusion that his divorce lawyer was not interested in being amicable or in being thrifty and the husband decided to terminate his lawyer and work out what would be an uncontested divorce with his wife.

What ensued, to my understanding, was nothing short of reprehensible to any person of moral conduct.  The lawyer supposedly improperly stated that the client could not terminate him and that the lawyer would have to file a motion and go to court and this would cost him another $600 for the court appearance plus the time he had already spent.  After what I can only presume was some form of bullying by using what I suspect to be incorrect information to his own client, the husband provided more funds to the lawyer via a post dated check.  Although the lawyer knew funds were not yet available to cover the check, the lawyer rushed to the bank and deposited it at the earliest possibility.  The husband's own lawyer then threatened that if the funds did not clear that he would "come after him" or "call the police".

Would you want this lawyer to represent you?  Would you really think this lawyer was truly representing your best interests in your divorce? 

The end result?  The husband was apparently so afraid by his own lawyer's threates that he would be sued or arrested that he did not fire the lawyer.  Somehow the husband came to believe that the consequences of terminating his lawyer would be greater than simply going through the process with the lawyer.

If you think this is an isolated lawyer and an isolated case, I must regrettably say that you would be incorrect.  While in my humble opinion this is certainly a case of unethical conduct by a lawyer who professes to look out for the client's interests until they discover otherwise, it is not an isolated incident.

All you need to do is pick up the Rhode Island Providence Journal Bulletin to see the stories about lawyers embezzling funds from clients, misusing funds, and other inappropriate conduct that often lead to lawyers being suspended or disbarred to know how important it is to find the right lawyer, especially if you are seeking an uncontested divorce.

Where do you start?

Have at least three consultations (preferably 5) with lawyers known for practicing divorce law regularly in the Rhode Island Family Court System?   Many lawyers offer free consultations.  Go ahead and take advantage of their free offer.  Note how much time you get with the lawyer.  See whether they start talking about themselves first or if they concentrate on your needs first.  Do they take the time to truly listen?  By the time you leave each consultation, make a note if each lawyer has given you any legal tips, points, or advice that you could use even if you didn't decide to hire that lawyer or if you decided to try to represent yourself.

Lastly, consider putting me on your list of divorce lawyers to see.  Now while I stopped offering the "free consultations" that my colleagues choose to offer because of the abuse of "free consultations", I charge only a nominal fee for my time.  Ultimately I have not had one person who was unhappy with the consultation and the vast majority of people want to hire me but sometimes I have to turn people away so that I can give all my clients the attention they deserve.

No matter what, you don't go away empty handed.  You leave your consultation with solid legal advice and information you can use to help and protect yourself.  Plus, I might just be able to help you get to a good attorney who, not unlike me, will have your best interests at heart.

A divorce lawyer should be guiding you to a better tomorrow, not forcing you into bankruptcy with expensive fees and costs.  You may find that all you need is a little help from me as a Rhode Island Divorce Coach and you'll be on your way to a better tomorrow.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
176 BlackRock Road
Coventry, RI  02816

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Rhode Island Family Law Clients and Attorneys - Important Notice

We all come to points in our lives that give us cause for pause in our every day regimen.  Today was one of those days as I encountered a Family Law Attorney who failed to object to motions and only at the last minute feigned illness so that he would not have to attend court.  Conveniently, this attorney has used this same tactic each and every time my client was going to get an opportunity to be heard on rather serious and crucial motions. 

This tactic was used to the detriment of my client who for 2 1/2 years has been attempting to have two primary motions heard.  My client had filed a Motion to Modify Child Support and a Motion for Contempt.  These are matters which with normal compliance regarding the production of financial documentation would take less than a few hours if brought to a full hearing.

Regrettably, this is not the first lawyer I have run into that has stooped to unscrupulous tactics in order to win a motion and even ....as one judge put it.... "counsel you have done nothing short of perpetrating a fraud upon the court."

To my current clients and my future clients,

I assure you that I am dedicated to stopping deceptive, immoral and unethical conduct by opposing attorneys who might otherwise take advantage of you.

To Family Law Attorneys who abuse their position,

If we have a case together and you engage in misrepresent facts to the court, violate court orders, feign illness to unduly prolong a matter, or undertake other actions outside the bounds of our ethical standards, I will do everything within my power to make your conduct known to the court, to the Professional Conduct Committee and to the public as necessary to protect the integrity of our profession.

Our profession has a black eye in the eyes of the public.  From what I have seen as a practitioner, it is  understandable why we have this negative perception in the public eye. 

For my personal observations, I see only one solution.  A policy of No Tolerance!  No tolerance to unethical conduct.  No tolerance to attorney misrepresentation.  No tolerance to attorneys who abuse the privileges of their office.

For clients I will offer nothing less than this . . . . NO TOLERANCE!

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Rhode Island Divorce Tip: Divorce Expectations!

Not every attorney is right for every person.  And sometimes, there is no attorney that can satisfy a client.  Simply hiring a divorce and/or family law attorney experienced in Rhode Island Divorce and Family Law does not mean that you have chosen the right attorney for you.

When choosing YOUR divorce or family law attorney you should to consider your own needs and expectations.  You also should consider whether or not your needs and expectations are achievable. 

Here's a quick example of obstacles that can make the client's expectations unrealistic.

A client engages me to represent her in her divorce.  She wants the divorce filed and served quickly.  She also wants it settled quickly and economically. I don't give her any guarantees because a settlement is dependent upon too many factors, yet I assure  her that I will do everything within my power to meet her expectations.

The client gets the questionaire back to me and a I draw up the papers right away.  The husband's lawyer calls and says he wants to accept service for this client but he'll be away for a week or so on vacation.  When the attorney returns the husband's attorney is served.  In about a week the husband's attorney answers the divorce complaint and serves the wife with extensive Interrogatories (questions to be answered under oath) and Requests for the Production of Documents which are likewise extensive.

The client wants the matter settled quickly and doesn't want to answer the Interrogatories  so I call the husband's attorney.  He doesn't want to discuss settlement at this early stage without more information. He wants the answers to the Interrogatories and Request for Production of Documents responded to first.
The husband's attorney also files a motion to be heard in a few weeks.

My client is unhappy because this will delay the divorce and cost her more money.  The client instructs me to be more aggressive.  I object to the Interrogatories and call the opposing attorney to see what his client wants to settle the matter.  The opposing attorney will not negotiate.....PERIOD.

My client is upset.

A week or so later I get a letter that my client has retained new counsel.

Conclusions?   

I was not the right attorney for this client and realize that perhaps no attorney will fit the bill.

The client had unrealistic expectations under the circumstances.

No attorney can control another party or another party's attorney.  It simply isn't reasonable to expect your attorney to settle a case immediately when the other side will not budget.  Likewise it isn't within the attorney's control to keep the case economical when third parties that are outside the attorney's control take actions and make filings which by necessity increase the cost.

A person entering the divorce arena should be prepared for best and worst case scenarios and be able to adapt to the changing environment of their court case.  Persons who are unable or are unwilling to do this generally either hop from lawyer to lawyer or end up with a result that is much less than they expected and then resort to blaming the lawyer for not achieving unreasonable expectations.

 

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Rhode Island Divorce Lawyers - Why the Good Hearted are Scarce!

It wasn't until yesterday that I realized why good-hearted Rhode Island Divorce Lawyers like myself are scarce. 

First, let me clear up what I mean by "good-hearted".  When I say that I am referring to a Rhode Island Divorce lawyer that is good-hearted I am thinking of one who cares about the person and not just their case.  He or she cares about their family, their case, their financial situation and both their legal and non-legal issues and their mental and physical health such that he (or she) is willing to work with the client on their fees, payment plans, being patient with clients who make excessive calls and may be a bit more emotional and less reasonable than other people in a divorce or family law situation such that the attorney doesn't write down every minute of every call when a client calls to vent, complain about their spouse or soon to be ex-spouse or even your performance.

So why aren't there Rhode Island Divorce lawyers like that all over the place who really care and are willing to compromise their own time, their fees, etc... for the sake of the client?

I discovered the answer in yesterday's mail. 

First, a little background is appropriate.

I undertook a client some time ago for a reduced fee.  The work involved was substantially more than anticipated, especially at the beginning of the case as my client got into some difficulty as emotions ran high in the divorce.

By the time the client received the first invoice I was owed me another $1,500 in addition to what I had been given, even reducing my rate by almost 50%.  That will give you an idea of the amount of time that was required.

The client was understandably upset as a person helping to support two children and seeing a bill for monies that weren't readily available.  I felt horrible.  I know how hard it is to struggle for money.  I know how hard it can be with two children.  I know money can be tight.  I was moved by the client's situation and so I made the choice to compromise for the betterment of the client, the children and my own peace of mind that I was not hurting any of them by financially demanding my full fees even at 50% of my rate.

As a good-hearted Rhode Island Divorce Lawyer, I told the client that if the $1,500 was paid immediately I would consider it a flat fee and not charge thereafter for my services thereafter.  However, costs would be the client's responsibility.  The client was agreeable to that.

Later the client called and was coming in with the $1,500.  As the client spoke with me, my heart strings were tugged as the client asked me to reduce it to $1,300 and please wait for the other $200.  I verbally agreed.  By the end of the conversation the client had reduced the amount being offered for me to continue my services to approximately $1,050 with a promise to pay the remaining $400+ as soon as possible thereafter but no later than the entry of the Final Judgment of Divorce.

Good-hearted, I overextended myself and I agreed.  Remember, that at this time I had already performed that work for 1/2 my rate and it was already due me for my services.  Now I was waiting for $400+ and trying to finish the case for her and get a good result.

A year later, the divorce was put through after preparing for trial on four (4) separate dates that were spread apart.  Dozens of hours were spent.  During that time I didn't see a penny.  During that time I followed-up on the client's calls and issued subpoenas at my expense for the client's case.

Finally, the Final Judgment did not enter because the Marital Settlement Agreement which was to be formalized in to a document and presented to the court was not agreed upon with counsel.  Disputes arose regarding the terms of the agreement and who was responsible for what and which person was in contempt of an Order which was now only on the record of the court.

On more than eight hearing dates after I had made the agreement with the client, I hoped I would receive the last payment I was entitled to for work that was done a year prior.  Nothing came.  On about ten (10) occasions the client told me that the agreement we had made was not fair and the client promised to compensate me for me time after the house was sold.  The client continuously repeated that I would be paid the 50% reduced agreed upon rate when the client received compensation from the proceeds of the sale of the parties' house.  I told the client that I was very happy to hear that and I would continue representation.

Without getting into detail I had what I considered to be a very serious medical incident occur to me not long ago.  It was before the resulting communication breakdown with this client.  Though I was determined not to let it affect my practice, the possible medical consequences were such that it was apparent that ignoring this "sign" (for lack of a better term) could cause me some severe medical issues beyond what was already occurring.

I made the mistake of mentioning this to the client, believing that the client would respect that I was providing the information to her by way of information and explanation for not getting back to her as quickly as I normally would.

Finally, a disagreement was had between myself and my client.  The client was being rather unreasonable under the circumstances.  The client's expectations were well out of line with what the client could reasonably expect a court to do under the circumstances.  They were also out of line with what any attorney should be expected to do with a year of work without compensation and another $400+ still owed from a year prior.

Of course lawyers are only people.  The client's unreasonableness at this juncture caused what I saw as the last straw that prevented me from objectively and zealously advocating for the client's interests.   I determined that I had to withdraw from the case since I was no longer willing to act as the client directed.  Though there were many issues and other incidents that lead to the disagreement with the client, it was this last triggering event by the client's demands that caused a rift that prevented me from representing the client as was required by my ethical code of conduct.  I filed a Motion to Withdraw as well as a Motion for a Lien on the House Sale Proceeds to obtain the remainder of what I was owed.

Yesterday's mail came.  The client filed a Rhode Island Disciplinary Complaint against me.  Essentially it is the client's position that (1) I did nothing for her, (2) that she paid me for my services in full, and (3) that I am a liar.  Lastly, she disclosed that my problem has to do with an emergency court excusal that has to do with medical issues.

Why aren't their more good-hearted Rhode Island Divorce attorneys out there?  This is precisely why!  The amount of work I did for this client was tremendous.  The amount I charged this client was ridiculously low given the amount of work and the skill involved.  In the end, the reward for my efforts, my good-heartedness and countless hours of time without compensation is a Disciplinary Complaint that I must now spend additional time responding to and the claim that I am a liar and clear indication that the client does not even want to pay me the remaining $400+ that I as owed a year ago.

How many times does a lawyer need to be taken advantage of, scorned and be unappreciated for caring about a person and their family before he or she gets to the point of protecting him or herself? 

It's an interesting question.  One I will certainly ponder because I know there are good people out there and I know there are those out there who are takers and who are "entitlement" minded.  I don't make a fortune and though I'd like to, I won't do so at the expense of people who are going through the turmoil of a divorce. 

My hats are off to those who abide by their word and have integrity.

My sympathies go out to those clients who need an attorney who is good-hearted but can't find one because of people like my client who have destroyed most lawyer's faith in human-kind.

Attorney Christopher A. Pearsall
Pearsall Law Associates
571 Pontiac Avenue
Cranston, RI  02910

Phone:  (401) 354-2369

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  Rhode Island has no procedure for certification or specialization in any area of law.