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January 2009

Rhode Island Divorce Lawyers - Is RI Lawyer Specialization a Trick?

Are you paying close attention to the websites of Rhode Island lawyers who state that they specialize in a particular area of law.  A proper website for lawyers claiming to specialize in any area of law should include a statement similar to the following:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law.  There is no recognition of specialty and no testing or certification in Rhode Island to become recognized as a specialist in any area of law.

So how can it be that Rhode Island lawyers can call themselves "specialists" or indicate in advertising that they specialize in any area of law when they are licensed only as general practitioners by the State of Rhode Island.

Is this a trick?  Are Rhode Island lawyers duping you into thinking they are specialists when they aren't?  How can you tell who is telling you the truth and who isn't?  How can you tell who is truly competent in an area of law and who only has a passing familiarity with it?

What standard can you rely upon so that you engage good representation?

Whether you are talking about RI divorce lawyers or Rhode Island Estate Planning lawyers, it may help you to know that Rhode Island lawyers who represent that they specialize in a particular area of law are not trying to trick you.

What you need to understand as a consumer is that there are many areas of law and that lawyers often find the need to limit the areas in which they choose to practice so that they can be known for what they do.  Many lawyers want to be known as reasonably proficient in one or more areas of law.

This makes sense by design.  As a Rhode Island lawyer, would you want to fall into the old phrase "jack of all trades but a master of none".  Practically speaking it is better to be proficient at, or a master of, a few areas of law rather than to know just a little of each area of law with lots of holes in your scope of knowledge.

So what is specialization?  It is a lawyer's determination that he or she has focused his or her legal knowledge in specific areas of law.  If a Rhode Island lawyer says he or she specializes in a particular area of law, it means that he or she has decided to focus his or her practice in that area of law and maintain that focus.

The one question you may want to ask yourself is this.  How many areas of law can a lawyer really be a master of?  If a lawyer says he or she does divorce, personal injury, real estate, medical malpractice and criminal law . . . aren't these substantially different areas of law?  Depending upon how long the lawyer has been practicing, it could very well be that he or she is willing to undertake cases in these areas of law, however it is possible that he or she may be a jack of these trades but a master of none of them.

Your best bet?  Know the lawyer you are interviewing.  Take the time to check into the lawyer.  How long has the lawyer been practicing?  How many areas of law does the lawyer practice in? 

Though I've eliminated distraction from my law practice by engaging exclusively in the practice of divorce and family law, there are many good family lawyers in Rhode Island.  A good rule of thumb might be to ask what areas of law the lawyer practices in and verify this on the lawyer's website, Yellow Book Advertising and Yellow Page Advertising.  Decide for yourself, if you want a lawyer who is good at divorce and family law, is the lawyer you are interviewing stretched too thin between too many areas of law? 

Imagine a lawyer who represents that his or her office practices in 10 areas of law.  Just a thought . . . but do you want to guess which ones few they are really proficient at.  Are you willing to bet your hard earned money that the lawyer's real specialty is divorce?

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2009. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers


Rhode Island Divorce Lawyers - Contrasting Lawyers' Philosophies

The public should be optimistic, yet concerned about a Rhode Island Divorce Lawyer's philosophy.

Why?

A Rhode Island divorce lawyer's philosophy may actually be a strong indicator of whether your case goes quickly and inexpensively or seems to be drawn out and more expensive than projected by the lawyer.

Consider these two different divorce lawyers who practice domestic relations law in Rhode Island.  (The names are ficticious.)

Lawyer Lucian Caltey is a businessman.  Lucian is in the business of making money and he has two children in private school.  Competition in Rhode Island for legal business is very competitive.  Mr. Caltey knows what it costs for his overhead and he knows how much it costs to meet his overhead and still make enough to meet his family bills each month.  As a lawyer and business man, Mr. Caltey has figured that he needs to obtain 16 new clients each month and that he must make at least $3,000 from each client, on average, in order to break even.  Otherwise he needs to bring in more clients or make more money on each client.

Imagine that you are a client and you engage Lawyer Lucian Caltey to represent you in a divorce.  Looking directly at him, Mr. Caltey's philosophy is that you are a paycheck to him and that he must make $3,000 from you before your case ends.

How might this affect your mindset when considering this lawyer as a person to represent you in your divorce matter?  How might it effect you if you want to be equitable and amicable and try to settle the case quickly?  Does your philosophy of how you want to resolve your case clash somewhat with this lawyer's philosophy that you are just another paycheck?

Now imagine Lawyer Justine Practitioner.  Justine is a businesswoman and she too is interested in making money, but Justine knows that there are already lawyers like Mr. Caltey out there.  As a business woman and lawyer, she knows that people deserve a good lawyer at a decent rate but that she knows that there are many lawyers like Mr. Caltey that already draw out cases unnecessarily.  Justine became a lawyer to help consumers, not to bilk them out of their hard earned money.  Justine's personal integrity does not allow her to become engrossed in finances so that her clients suffer for her lifestyle.  Justine knows that there are too many unknown factors in a divorce and she endeavors to make whatever income she makes by helping as many people as possible as quickly as possible.

Justine's philosophy is more like the investor who wants to purchase, improve and "flip" as many houses as he or she can for a profit in as short a time as possible and with as little aggravation as possible.

Does Justine's philosophy of how she practices law more in line with your thinking of who you might like for an attorney?

Would you rather be a client of a lawyer who's job it is to make money to survive by helping you move on as quickly as possible with as little difficulty and aggravation as possible?

This is merely a difference in law practice philosophies.

Do you want to identify the best choice of an attorney to suit you?  Try to observe the lawyers as they speak to you, what they say to you, what words they use, their attitude when they speak to you, are the surroundings humble or do they appear to shout at you about the lawyer and his or her extravagances.  Take all of the things you observe and try to determine what the lawyer's philosophy might be in practicing law.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2009. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers


Rhode Island Divorce Lawyer Christopher Pearsall - Judge Laureen D'Ambra Article Removed!

On or about December 4, 2008, I received a letter from the General Counsel of the Rhode Island Supreme Court the letter reads as follows:

December 2, 2008

Via First Class Mail
Mr. Christopher Pearall
Attorney at Law
70 Dogwood Drive
Suite 304
West Warwick, RI  02893

Dear Attorney Pearsall:

        It has come to the attention of this Office that a potential violation of Rule 8.2(a) of the Supreme Court Rules of Professional Conduct may have occurred due to your posting of various disparaging, misleading, and false statements regarding a member of the Rhode Island Judiciary on your website:  http://www.attorneypearsall.com/2008/09/judgelaureendam.html as well as on http://www.links4women.com/articles/chris.htm .  Specifically, these entries appear to describe an incident that occurred in 2007 relating to your conduct as counsel before Associate Justice Laureen D'Ambra and they contain unfounded allegations of incompetence and impropriety against Justice D'Ambra as well as another judicial employee.

Rule 8.2(a) of the Rules of Professional Conduct provides that

A lawyer shall not make a statement that a lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

        While I fully recognize that members of the public are free to express their disagreement with decisions made by the Court, attorneys also have a competing obligation to comply with the Rules of Professional Conduct.  Your recourse for any perceived unfair or inappropriate treatment by a judges is through an appeal on the merits, or by filing a complaint with the Commission on Judicial Tenure and Discipline.

        Accordingly, we would ask that you refrain from posting these statements and/or revise the content in accordance with Rule 8.2(a).  Should the comments remain on your website after December 31, 2008 this office may pursue an appropriate remedy through disciplinary counsel.

Sincerely,


Erika Leigh Kruse
General Counsel



        The following is my response to the General Counsel for the Rhode Island Supreme Court.


December 28, 2008

Erika Leigh Kruse, Esquire
General Counsel
Rhode Island Supreme Court
Frank Licht Judicial Complex
Providence, RI  02903

Dear Attorney Kruse:

         Regarding your December 2nd letter, I do not own or control the content at Links4Women.com, therefore I can do nothing about the content that appears there.

        I have had no intention of violating Rule 8.2(a) of the Professional Rules of Ethical Conduct, however I do believe I have the right to express myself within the bounds of the Professional Rules of Ethical Conduct. 

I will re-read the article at AttorneyPearsall.com and any other articles over which I may still have editorial control in light of my 1 ½ year investigation.

        However, it would be very helpful if you (or the unknown complainant) would identify the statements believed to be in violation of Rule 8.2(a).  This will allow me to address any issues quickly and with clarity.

    Thank you for your consideration in this matter.

Respectfully,




Christopher A. Pearsall
CAP/cp


Notwithstanding my response to General Counsel for the Rhode Island Supreme Court, I have become painfully aware of how things work in Rhode Island.

Therefore, after substantial consideration I have removed this article and any similar articles on my websites in favor of preserving my livelihood. 

My thanks go out to the unwavering support of my friends and family through this continuing ordeal.


Article Authored By:

  Christopher A. Pearsall, Esquire
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893


Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney

Copyright 2009.  Christopher A. Pearsall,
A New Rhode Island Divorce Lawyer for a New Millenium

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com
|
Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall
| Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers |