However, in the world of law, divorce and courtrooms things are not always as clear cut as we would like them to be.
Consider this Rhode Island Divorce Example that I came up with as I write this article which will develop more as a stream of consciousness than a well planned out and upscale legal article.
* * * Divorce Example of Bristol, Rhode Island Couple Virginia and Aaron * * *
Virginia and Aaron have been married for 7 years. They have 3 minor children. Virginia works part-time because they don't make enough income to afford full-time childcare costs for both of them to work full-time. As a couple Virginia and Aaron merely get by from week to week, paycheck to paycheck. Like many couples, financial struggles have torn them apart as husband and wife and Virginia now wants a divorce because she wanted more out of life and doesn't seem to be finding it with Aaron.
Virginia has never filed for divorce before and doesn't know anything about Rhode Island law or Rhode Island Divorce procedure. Virginia speaks with 7 lawyers who offer free consultations and after about 30 minutes of their time quote her between $1,500 and $3,500 for their retainers and hourly rates from $175 per hour to $300 per hour.If Virginia and Aaron agree on their divorce issues, do they need a divorce lawyer? Legally speaking, one or the other of them really should get some competent legal advice to get through their divorce in the easiest manner possible.
So what is the greatest issue here? It's the age old problem of MONEY! Lawyers want and need to get paid for their services. I can tell you that lawyers services are, in fact, valuable. The depth of information that a lawyer is expected to know in any field of law requires life-long learning and exposes us to daily liability for every word the comes out of our mouths. Sometimes I even regret telling people that I'm a lawyer at a social engagement because invariably someone wants to just "run something by me" to "get my thoughts". It can be very difficult to avoid offending the person and avoid giving my "thoughts" which the person might consider as legal advice and act on. The next thing you know, the person does something crazy with the tiny information I gave them and now I am called "their lawyer" and I gave them "legal advice". This is precisely why few if any divorce lawyers in Rhode Island (other than my new Coaching Program) make it a practice to offer anything other than a "one size fits all" proposition to prospective new clients.
As Virginia learned, if you aren't prepared to come up with a decent lump sum of money that the attorney can bill against against at whatever rate the attorney feels he or she is worth then you are out of luck. Attorneys doing piece meal work are hard to find and attorneys who are willing to take your case on a pro bono basis are even harder because of the huge demand and pressures already placed on attorneys to perform pro bono work each year regardless of whether their practice may be thriving or just treading water due to increased expenses or other economic factors.So for Virginia and Aaron, do they absolutely NEED a divorce lawyer? No, they don't. Why, because practically speaking Virginia already knows that she and her husband can't afford the least expensive lawyer they could find and Virginia has already discovered that they waiting line for pro bono attorneys is exceptionally long.
So what do you do if you are in Virginia and Aaron's position? You do what you have to do, right? Isn't that what we do when things get tough? Don't most of us just get out there and do what needs to get done when we have to for our benefit and for major life decisions. Yes, that's exactly what we do.
So, Virginia and Aaron, could you do this on your own? Yes, you could. You could do your homework on the internet, at the nearest law library and even find time to go to court and watch a few cases to see how things work. Will you be as prepared? Maybe not. It may depend upon how much effort you put into finding out how to do things.
Will you get your divorce paperwork back from the Rhode Island Family court with it all filed correctly? Maybe not the first time. However, f it's rejected the family court clerks will usually give you some kind of indication of what didn't quite make the grade or what was missing.
However, If the Rhode Island Family Court clerks don't tell you how to fill out the forms, how to correct them, or why they need to be filled out in a certain way, it's simply because they are prevented from doing so. They are not your attorney and they are not allowed to advise you because the vast majority of them are not attorneys and since they work for the State of Rhode Island it may expose them and the State of Rhode Island to liability if you misunderstand what they tell you or if they leave out something without knowing that it applies to your situation.
So if you are going to execute your constitutional right to represent yourself and handle your divorce on your own, you take the risk as well and you should plan on some bumps in the road. You're on your own unless you get some legal advice or coaching to help you through this process. There may be only minor bumps in your divorce proceeding if you get lucky. There may be bumps in the road that are so large that you can't even get through a successful hearing because you don't understand what is required by law or by the court's procedure.
So the question is better phrased like this, Am I required to have a lawyer represent me in my Rhode Island Divorce? NO! I've seen plenty of people represent themselves in divorces. They've gone from A to Z and received their divorce decree without a lawyer preparing their forms or showing up in court with them.
Now, if one couple can make it through an uncomplicated and straightforward divorce between two amicable and agreeable spouses, then, the question is... Can you do it? It is certainly possible. I know that with my assistance and coaching I've been able to coach as many as 100 couples in a single year to go through their own divorces successfully and spend only a fraction of what it costs to hire even the least expensive lawyer such as the one Virginia came across.
In most Rhode Island divorce situations that are uncontested about the majority of Rhode Island divorce issues, do you need a representational lawyer who does everything for you and goes to court with you? In my opinion, people who fall into this category don't need it.
If you fall into that category it is best if you approach your divorce as a learning experience. Your strength will be found in realizing that there are certain procedures and issues under Rhode Island law that must be addressed. Once you identify the Rhode Island procedures and legal issues and you represent yourself, you need to take personal responsibility for everything that goes along with representing yourself, that includes your outcome, any setbacks and any problems you encounter.
Remember that representing yourself means that you are the boss. You call the shots. You are responsible for everything you say and do and the end result that your actions produce. If you do happen to get help in the form of coaching, the coach doesn't call the shots, the coach isn't standing in the courtroom and the coach has merely provided you with guidance based upon his or her experience. Judgment calls and execution of either legal advice from an attorney you have formally retained in the courtroom are the attorney's discretion and he or she takes responsibility for that and for any glaring mistakes he or she makes in your representation. Keep in mind that this is why attorneys are paid for their experience and expertise to prepare documents, give you direct advice on what to do and also represent you in court. The same is not true when you represent yourself. In that case, you are your own attorney and you are expected to know the ins and outs of things as if you were an attorney licensed to practice divorce law in Rhode Island.Even an experienced Rhode Island Divorce lawyer who is helping you in the manner of a "coach" by instructing you and teaching you in a general fashion can't anticipate everything you will encounter. If you don't handle documents or issues properly then it is entirely possible that your divorce might plummet to the ground like a flaming plane crashing before it reaches the end of the runway when a person represents him or herself and does so in such a poor manner that the judge dismisses your divorce case.
So, what does that mean for you because you didn't seek professional help from anyone? Let's see . . you have (1) paid a wasted filing fee of $120 that is paid to the Rhode Island Family Courts, (2) you have paid a constable's fee of $55 or so; (3) you have created an angry family court judge, (4) you have experienced personal frustration and possible embarrassment, and (5) worse yet you may have to spend the time and money going through the process all over again from the start.
Do you need a Rhode Island Divorce lawyer? "NEED" is a subjective term. Ideally we should all have a divorce attorney to protect our interests in a Rhode Island divorce proceeding if we can afford one. Practically speaking, not everyone has the money to hire an attorney.Ultimately, you are not required to have an attorney. You have the right to represent yourself and you can do it if you have to.... and successfully too. Do I advocate that you do it without ANY professional help? NO, not unless you are going to take the amount of time that many of us have taken as lawyers to study the law for years, keep up on case law and appear before the family court judges on a regular basis.
Keep in mind that as Rhode Island lawyers focusing a practice in divorce, you earn the ins and outs of the court system that aren't found in any book, law, order, procedure or in anything other than experience. That's something that a coach might impart in a coaching session, but it's not something you will get unless you hire the attorney outright or hire a coach to help you based upon what you can afford.
Are there complex issues in your divorce? If there are, you should know about it by seeking the advice of a divorce lawyer and/or Rhode Island Divorce Coach to identify those issues. Then you can consider whether the issues are beyond what you feel what you are capable of addressing and go from there.
When could more complex issues Rhode Island arise? That's a question for another day.
* * * A Rhode Island Divorce Lawyer / Coach Suggestion * * *
My suggestion . . . get some type of legal advice in the form of a Rhode Island Divorce Coaching Session or an advice session before you decide that you are going to handle your own divorce. Why? Well, frankly, sometimes you just can't afford not to be without a lawyer if there is more at stake regarding your rights, your assets, your debts and especially any children you may have as in the case of Virginia and Aaron.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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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.
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,
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.
This time the pause was endless yet I was just too puzzled not to speak.The lawyer was quiet again, so I asked it as a question.
The lawyer waited quite awhile before speaking.
The conversation ended.
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.
Now, to my readers I offer this.
You may not understand this statement until you meet with 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
Posted by Attorney Christopher A. Pearsall on July 07, 2010 at 08:42 PM in Affordable Legal Advice, After-Acquired Property, Alimony, Attorney Ethics, Attorney Liens, Attorney Morality & Integrity, Attorney Tactics, Billing Issues, Child Placement, Child Support, College Obligations, Commentaries, Common Law Marriage, Coping with Divorce, Coventry, RI - Uncontested Divorces, DCYF and Parental Alienation, Differing Family Law Services, Divorce & 401Ks, Divorce & Addictions, Divorce & Adultery, Divorce & Affairs, Divorce & Affordable Help, Divorce & Assets, Divorce & Attorneys Fees, Divorce & Bank Accounts, Divorce & Cheating, Divorce & Child Care, Divorce & Children, Divorce & Children's Rights, Divorce & Coaching, Divorce & Computer Data Recovery, Divorce & Contempt, Divorce & Controversial, Divorce & Counseling, Divorce & Court Orders, Divorce & Credit Cards, Divorce & Dating, Divorce & Death, Divorce & Debt, Divorce & Defenses, Divorce & Discovery, Divorce & Evidence, Divorce & Experts, Divorce & Fathers, Divorce & Forensic Data Recovery, Divorce & Grounds, Divorce & Healthcare, Divorce & Intercourse, Divorce & IRAs, Divorce & Judicial Bias, Divorce & Legal Resources, Divorce & Love, Divorce & Marriage, Divorce & Mediation, Divorce & Medical Provisions, Divorce & Men, Divorce & Mothers, Divorce & Motions, Divorce & Pensions, Divorce & Personal Injury Claims, Divorce & Pre-Trials, Divorce & Prejudice, Divorce & Questions, Divorce & Separation, Divorce & Trials, Divorce & Women, Divorce & Your State of Mind, Divorce and Computers, Divorce and Forensic Evidence, Divorce and Mental Health, Divorce Appeals, Divorce Attorney Fees & Costs, Divorce Attorneys & Disciplinary Complaints, Divorce Costs & Expenses, Divorce Court, Divorce Forms, Divorce Hearings and Trials, Divorce Kits, Divorce Lawyers, Divorce Lawyers & Practice Philosophies, Divorce Principles, Divorce Procedure, Divorce Questions, Divorce Settlements, Equitable Distribution, Family Court & Children, Family Law Ethics, Forensic Computer Data Recovery Specialists, Grandparents Rights, Guardian Ad Litem Reports, Healthcare, Inheritances, Insurances, Judicial Abuse, Judicial Misconduct, Laypeople Acting PRO SE, Legal Article Directories, Legal Custody, Low Cost Divorce, Marital Assets, Marital Home, Marital Settlement Agreements, Non-Marital Assets, Parental Rights, Physical Custody of Children, Placement, Post-Divorce Moving Issues, Pre-Marital Assets, Property Settlement Agreements, Protection from Abuse, Rhode Island Case Law, Rhode Island Common Law, Rhode Island Debt, Rhode Island Divorce & Bankruptcy, Rhode Island Divorce Coaches, Rhode Island Divorce Coaching, Rhode Island Divorce Laws, Rhode Island Nominal Proceedings, RI Child Custody Attorneys & Lawyers, RI Common Law Divorces, RI Common Law Marriage, RI Divorce & Real Estate, RI Divorce and Bankruptcy, RI Divorce and Bi-Sexuality, RI Divorce and Homosexuality, RI Divorce and Legal Presumptions, RI Divorce and Military Benefits, RI Divorce and Perspectives, RI Divorce Attorney Apology, RI Divorce Grounds, RI Divorce Residency Requirement, RI Divorce Settlement Dangers, RI Divorce Terminology, RI Family Court Judges - Philosophy, RI General Laws about Divorce, RI Uncontested Divorces, Statutory Waiting Period, Tax Issues, Testimonials, Tricky Divorce Issues, Uncontested Divorces in Rhode Island, Visitation | Permalink | Comments (1) | TrackBack (0)
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