Category: Default

Should Attorneys Be Unionized?

Depending on what state and part of the country that you are based, your perception on the very concept of unions is likely to be painted differently.

 

On one hand they are important bodies for blue collar workers who need a voice and representation when companies threaten to cut jobs and decrease wages across the board.

 

On the other hand, they can be viewed cynically as an attempt to garner power and influence with those who run the organization at the very top.

 

There is evidence on either side of the divide that would support those claims, but each rationale requires a strong degree of context.

 

So how does the idea of a union apply to attorneys? This is a practice that does not usually necessitate a debate for this group of professionals to be unionized. They generally have no trouble promoting themselves or putting food on the table, so why bother?

 

Well there is a discussion to be had that would merit lawyers becoming more unionized. Here we will outline the case in the affirmative.

Collective Bargaining

 

While the perception of the average lawyer is an out of touch professional driving to work in a luxury can on a six or seven year annual salary, the reality can be quite different for a majority of operators. The whole intention of a union is to provide an ability for individual workers to bargain and negotiate with their bodies for a fair wage. The top end of town who are listed on high hourly wages or retainers won’t require the benefit of a union that collectively bargains on their behalf, but other representatives at a local level without the resources would benefit from being a certified union member.

Rules and Regulations

 

Externally the notion of lawyers bandied together to fight for their rights and wages might not be appealing, but there is one aspect that would work on behalf of the clients. Union members are stipulated to follow a set of rules and regulations in order to reap the rewards of their participation and although there are bodies of oversight in the legal profession, attorneys that sign up to a union would have to perform in accordance to these strict stipulations.

 

That would place increased pressure on operators who are ethically and morally challenged or cut corners when representing their clients. It would be another ways and means of ensuring a degree of regulation on a profession that does require some reigning in.

Moral Quandaries and Problems Faced By Lawyers

There are serious professional obligations that are at stake when an attorney represents a client in the process of a case. Ethical issues are never far removed from the practice of law as two parties debate the merits of their claims, regardless of their legitimacy.

 

Yet it is when a lawyer is presented with a quandary that places them in a difficult situation where the regular boundaries are pushed to their limits. This raises many questions with the foremost being: how fan does the attorney-client privilege extend and what are the breaking points in which action has to be taken?

 

Needless to say that attorneys will not be receiving any sympathy when they are found in these scenarios because they are entirely voluntary. However, it is important to note some of the situations that these experts find themselves in.

Divulging of Private Information Publically

 

In the age of smartphones and social media, the freedom and accessibility of communication tools has made the process of concealing and privatizing information incredibly difficult. Even in the events following a consultation whereby an attorney will communicate in crystal clear detail that their client should avoid all use of social media and breaching confidentiality, there are instances whereby a statement will be made in some shape or form that can compromise a case.

 

The question then arises as to what limits an attorney can impose control on their client in these scenarios because, in spite of the stakes involved in a case, there are individual rights at play simultaneously.

Withholding Information

 

There is a problem that arises for attorneys that happens to be the opposite of divulging of privileged and sensitive information by clients. Despite being told during meetings and consultations that they need to disclose all facts of the case to make the defense or prosecution process move more efficiently, some decide to withhold vital information. Whether they believe it would compromise their situation or simply overlook it as an important asset, attorneys are only as good as the information in which they are equipped with.

Client Committing Perjury

 

It is against the law for an attorney to knowingly have a client lie under oath. This is considered a criminal act and an ethical violation of the highest order. If this occurs in spite of the council that is given, then the representative is advised to inform the council about the perjury. Different states have unique rules in these scenarios to muddy the waters.

Can You Access Free Advice From a Lawyer?

We all find ourselves in situations where we ponder the boundaries between the law and the actions of others or our own. From banking through an independent or overseas provider to selling through a third party, there are legal minefields waiting out there for attorneys to pounce on if given the right opportunity.

 

So is there the possibility to have an informal consultation or just a casual chat to a professional lawyer to test the grounds? Attorneys off the clock could be friendly and approachable on one hand or incredibly tetchy and dogmatic about their expertize.

The Transition

 

Should you be enquiring about free legal advice, then one would assume that a pre-existing relationship would have been established between the attorney and yourself. Casual conversations between friends or family members is acceptable in the event that it does not involve current legal cases or sensitive material.

 

The moment an agreement is signed or a financial transaction is formed, then all of a sudden that relationship changes from a friend/family member to an attorney-client relationship. Both parties are then bound by that agreement, beginning a process that is fraught with ethical complexities.

Liability

 

Attorneys that are found to be conducting casual legal advice can be committing malpractice in the eyes of the law. This is particularly the scenario when clients act on that advice in a case and that interaction is then cited as per the process. In a majority of situations where lawyers act to protect themselves, they are best served referring onto colleagues or firms that have experience in a field that they require representation in.

Summary

 

Within the legal fraternity, attorneys are advised to avoid giving their expertize under almost all conditions. Even in that casual “let’s grab a second opinion” scenario where one individual is merely seeking some clarification, the waters become too muddied to follow through in good consciousness.

 

Yet there are many shades of grey that constitute what advice actually constitutes and the context in which that is given. A stop by on the street or a 2-minute chat over a barbeque is in stark contrast to an in-office consultation, or lengthy email thread or phone call.

 

They are important distinctions to make but if you happen to be in doubt, then free legal advice is a concept that does really exist for the average citizen. Even in the event that such an agreement is verbalized, any string that is attached is something that can return in the days, weeks, months or years later.

Best Personality Traits Your Lawyer Should Possess

Attorneys are not a class of people who enjoy a stellar reputation. In many cases this is something that is undeserved with thousands of dedicated men and women working in the best interests of their client and to uphold justice.

 

Yet there are others that blur the lines of morality whilst racking up an enormous bill and enriching themselves off the back of someone else’s suffering. Needless to say that lawyers can utilize some good PR at any given opportunity.

 

So what personality aspects of an attorney operate as a positive for their client? Should they be empathetic, energetic or completely devoid of emotion? Here we will discuss the best personality traits that your attorney should possess when they represent you.

Problem Solver

 

The best practitioner will be able to think on their feet and exercise a strong degree of judgment. Problems, hurdles and setbacks are part and parcel of the business and it is those experts who can solve problems with ease and efficiency that are worth the investment from the point of view of the client. Should a piece of evidence become invalid or the opposition introduce a new witness to proceedings, then the attorney should have the cunning to identify an opportunity and exploit it.

Research and Analytics

 

 

Solving problems is an exercise that cannot be achieved on a whim. There has to be research on data, testimony and anything else that will prove to be prevalent to the case in question. The trick then for the attorney is to absorb all of the information possible and surgically evaluate and distill what types of information will be required.

 

There won’t always be a textbook available that will provide the answers. Attorneys who are masters at research will head out into the field and exploit their own contacts to locate information that the opposition won’t see coming. This is where strong cases are built.

Communication

 

This is arguably the most underrated characteristic regarding on professional in any niche of business. Communication should act as the backbone of any agency because an attorney’s ability to inform their clientele and articulate to a court the case they are arguing is the most important gauge for success. Those attorneys who struggle to communicate often leave important details to the side as neither the lawyer nor the client has a complete grasp of the situation, objectives or ramifications should a case not fall in their favor.

Best Argument Techniques Utilized By Lawyers

Depending on your background and taste for a healthy debate, attorneys can make for excellent arguers. Whether it is in a court of law or simply taking council with their client, qualified lawyers have been taught the art of the convincing others regardless of the circumstances or even the facts in some cases.

 

This is also known as the “gift of the gab” in regular circles. Some people happen to make a healthy career out of that gift.

 

So how does this play out in real life? Is there a handbook on the do’s and don’ts of linguistic mastery within the legal profession?

 

Truth be told, there are tricks of the trade that attorneys will tap into as they attempt to persuade a judge and jury of their client’s rights or innocence. That is the whole truth.

Keeping Time In Mind

 

Legal experts will teach their students a number of techniques throughout their career, but one of the most important elements that goes beyond content is the style and presentation of delivery. This speaks to the inflection of certain words, including pauses for vital moments of consideration for the jury and timing of the arguments.

 

A summary should not venture beyond 20 minutes. Any shorter and it will either presume innocence or illustrate that the defense has a lack of confidence. Likewise, a summary that reaches beyond that timeframe will inform a judge and jury of a lack of clarity throughout a case.

Open, Comparative Speech

 

Whereas philosophers might convince the general public greater than attorneys who are viewed skeptically by many, the best debaters will try to break down the cynics by being open and transparent in their speech. They will not hide from the facts that hurt their case, but rather attempt to put them into context against the facts that do fall in their favor. There will also be an ability to speak comparatively about the weaknesses and doubts over credibility for those opposing side of the bench, whether they be in the defense or prosecution.

Facts Combined With Inferences

 

The best attorneys will continue a common theme and thread throughout their line of argument. This will not waiver at any moment and begin with the opening statement and end with the concluding statement. To achieve this target, they will blur the line between hardened and proven facts with inferences that are likely to be true, but have not been proved in a court of law. The facts will work as the backbone of the case but should there be testimony or a claim in an attorney’s favor, then that should be included on a regular basis.

Legal Separation

Many people in the state of Texas often ask the question if they can file for a legal separation. The answer is no, Texas does not have an option for filing for a legal separation. It is important to understand that every state has their own set of laws and statutes that govern all aspects of family law including Common Law Marriages, formal marriages, alimony, annulments, and divorce. It is also important to understand that if you are involved in a Common Law Marriage in Texas, and move out of the state, you will be under different jurisdictions. Whenever you are ending a marriage, it is imperative that you contact an attorney and find out the rules and statutes that are applicable to your state.

If you are in either a formal or Common Law Marriage, and that marriage is ending, you will need to file a petition for a divorce. Sometimes, people may ask if they could file a legal separation based upon domestic violence. In the case of domestic violence, whether you are in a Common Law or Informal marriage or a formal marriage, you will not need to file a legal separation, but you can file an injunction of protection. In fact, filing for an order of protection is essential in safe guarding the well being of the spouse being abused as well as any children in the household. Do not neglect to seek legal protection in any case of abuse.

As soon as you begin the divorce proceedings, your attorney can petition the court for temporary orders. These temporary orders will serve the same function as a legal separation would in another state. The temporary orders will determine who stays in the house while the divorce is underway.

More issues that will be addressed by the temporary orders include child visitation, support, spousal support, and division of community property. These temporary orders will remain in effect until the divorce becomes final and either the judge amends the orders or sustains them. However, it is important to understand that you are legally bound to adhering to the terms of the temporary orders.

Texas is a No-Fault divorce state. That means that one party can’t use adultery as grounds for divorce. This has led many to mistakenly believe that it is ok to date during the midst of divorce proceedings. It is wise not to date as this can complicate the divorce proceedings, especially if you end up going to trial. It is also important to realize that Texas does not have alimony, but rather they have maintenance. However, there may be a number of requirements that will need to be met for a judge to award maintenance. It is important to discuss all of these options with your attorney so that you are fully aware of what your options are.

Hiring an attorney is the best step that you can take when you are undergoing divorce. Whether you feel that you and your partner can negotiate the terms of the divorce amongst yourselves, or if you are preparing for a bitter legal struggle, an attorney who specializes in family law is your best weapon of defense for ensuring that your needs are represented and met.

What About Custody

Custody of the children is often the greatest concern during a divorce. In the past, it was often believed that custody would automatically go to the mother. Women give birth to children, breast-feed them, and presumably provide the majority of the nurturing in the home. However, we live in a modern world.

The modern day family typically consists of two working parents, and children may spend more time in day care or the school setting then they do in the home. This has enabled more fathers to become as important a caregiver as the mother is. Therefore, more courts are granting primary custody to fathers.

The state of Florida refers to custody as Conservatorship. Some parents choose to debate over who should be the Sole Managing Conservator (or the primary parent) and who should be the Possessor Conservator (the secondary parent). However, it has been shown that fighting over Sole and Possessor Conservatorship may be harmful to the children in the long run.

Often, one parent is seeking to become the Sole Conservator so that they may have full control over the other parent’s contact with the children. This is not only unfair; it is also illegal. Courts generally favor an agreement that is written out by both parents that involves Joint Managing Conservatorship.

In a Joint Managing Conservatorship, both parents agree to work together regarding all issues that pertain to the children. This doesn’t necessarily mean that the children will reside with both parents equally, but it does mean that they will work equally for the benefit of the children. If the court needs to choose Conservatorship for the children, they will more than likely choose Joint Managing Conservatorship unless one of the parents have been deemed unfit.

It is also a good idea for parents to take parenting classes together. This may even be beneficial after the divorce is final. By remaining civilized the children of divorced parents have the best chance at a successful life. Children need to feel loved by both parents, and if the parents are having difficulty working together, then they need to seek outside intervention, for the sake of the children. For Joint Managing Conservatorship to be effective and successful, both parents must be willing to work together and respect each other. They cannot belittle each other to the children or all of their efforts will fail.

Sometimes, beyond all best efforts, situations change and the need for modification to the divorce order may arise. If a new spouse enters the picture, the possibility that the children may not respond positively should be considered. If children begin to exhibit signs of physical or emotional abuse, the courts may determine that it would be in the best interest for the children to reside with the other parent.

If you feel that the other parent is working against you and is not upholding to their end of the divorce agreement, then you should contact an attorney at once. Present your situation to the attorney and see what they recommend. Going back to court may be the best solution.

Civilized Divorce

When one first thinks of divorce, often scenes of intense court battles designed to discredit the other spouse come to mind. However, it is possible for some couples to divorce without the stereotypical “War of the Roses” power struggle. In fact, some couples initiate what is known as a “Civilized Divorce”. In a Civilized Divorce, the couple usually agrees upon the terms of the divorce including issues that pertain to property division, spousal support, child support, Conservatorship (custody), and Possession (visitation). These types of divorces are often much simpler, faster, and easier on all parties involved. When both parents can agree on the terms of the divorce, studies show that the children fare better then when both parties are at odds against each other and all decisions are left for strangers and the court system to make.

It is important to realize that just because a divorce is Civilized, it is still a wise idea to seek legal advice and counsel. More couples are choosing to bypass the counsel of a divorce attorney due to the fact that they are often expensive. However, you can always schedule a free consultation with an attorney and discuss the terms of your Civilized Divorce and hear what the attorney has to say. There are also many divorce attorneys who specialize in Civilized Divorces and they can ensure that you and your spouse have your divorce finalized in the fashion that best meets both of your needs.

Sometimes, mediation may be involved in the Civilized Divorce process, but often both parties can reach an agreement without the assistance of a mediator.

It is also a good idea to realize that even though you and your spouse will be moving on with your lives, you will always be parents of your children together. Developing a parenting plan that the two of you agree upon is essential to the success and well being of your children.

When a couple agrees upon their divorce, yet they need assistance, they may seek the help of a Collaborative Divorce attorney. A Collaborative Divorce is a civilized divorce that includes the assistance of mediators and attorneys that can help both parties reach a peaceful solution. Sometimes, it is possible for Civilized or Collaborative Divorces to become finalized without the need of going to court. However, it is still a wise idea to see the counsel of a divorce attorney that specializes in both Civilized and Collaborative Divorces.

One of the greatest benefits of these types of divorces is that the divorce may be finalized very quickly. There is a 60 day waiting period after the divorce has been filed in the state of Texas, however a Civilized or Collaborative Divorce may be finalized in as little as 67 days from the first filing.

Whether or not you choose a Civilized or Collaborative Divorce, it is important to realize that at anytime, you may need to have the final divorce orders amended. Yet, you should never enter into an agreement with your spouse on the premise that you can change the orders in the future. By working with your attorney, you can ensure that your Civilized Divorce will best represent your current needs, as well as prepare for any future situations that may arise.

Child Support Laws

Divorce is a painful process, and it is always a difficult time for the children that were conceived during the marriage union. Child support is a very important issue that affects both parties. For the parent who is providing the majority of the care, child support is often necessary to ensure that the child or children continue to receive a high standard of care and the monetary support from the other parent is often essential to the child’s financial well being. The parent who may not have the child residing with him or her will most likely be responsible for paying child support to the other spouse. There are strict laws in place to ensure that child support laws in Texas are enacted and enforced. It is important to understand that once a judge issues a child support order, you are legally bound to fulfill the terms of that order. If you and your ex spouse have a disagreement, or if the other party refuses to let you see the child or children, it doesn’t absolve you from paying your child support.

It is important to realize that in the state of Texas, the term “custody” isn’t used. Instead, custody is referred to legally as “Conservatorship”. Conservatorship involves the rights as well as the responsibilities that each parent has. A Joint Managing Conservatorship involves both parents sharing the rights and responsibilities of the child or children; however there will always be one parent that sustains the child’s main residence. This indicates that the parent that the child resides with is the “Primary”.

“Possession” is another important term that involves child support in Texas. Possession is the term used to describe when each parent has the child or children with him or her. Possession may also be thought of as visitation. Sometimes, both parents are able to agree upon a schedule that includes Possession, as well as child support. However, many judges in Texas are not in favor of both parents agreeing that they should not pay any child support. The court often reassesses this and a new agreement will be entered upon.

The state of Texas takes a number of things into consideration when determining how much child support one parent should pay. First, there is a basic guideline that judges follow. For parents that earn $6,000 per month and less, the guidelines are set up as follows:

Number of Children Percentage of Net Income

1 Child 20%
2 Children 25%
3 Children 30%
4 Children 35%
5 Children 40%
6 or more Children Not less than 40%

There are certain conditions that the judge may take into account that will cause him or her to adjust this figure. For instance, if the support paying parent has other children, that will be taken into account. If the child has special needs, this will be accounted for as well and may cause the child support figure to be adjusted.

The Child Support Disbursement Unit has been established under Federal guidelines to ensure that the primary present receives the court ordered child support from the other parent. The Child Support Disbursement Unit protects both parties. For the primary parent, they have the legal back up should the other parent fail to pay. The other parent receives the benefit of knowing that their payments have been accounted for and will be documented that they were paid. Though each judge may choose to enact support orders differently, it is imperative that you follow the orders that pertain to your case as there are legal consequences for failing to pay child support.

Will I Pay Alimony Or Spousal Support

When a couple divorces there are many issues to take into consideration. Yet, for some couples, one parent may have stayed home and never entered the work force while the other parent worked and financially supported the family. For these cases, it may be necessary for the spouse who was financially secure to help support the other spouse until he or she is on their feet. In Texas, alimony or spousal support isn’t typically awarded, yet under certain conditions, when it is clear that one spouse may be seriously hindered once the financial support of the other partner is removed, it may be awarded.

Sometimes, spousal support is required for one of the parents to make it on their own. If they have given up their careers, or have no legitimate work skills, they may need the support to make it independently. The support is designed clearly to help the other spouse regain their independence. This support is known as Court Ordered Maintenance, and although it isn’t a formality with divorce cases it can be awarded if certain circumstances and conditions apply.

First, Court Ordered Maintenance may be awarded if the couple was married for at least ten years, and the court has been shown proof that the receiving spouse is unable to work or earn enough income to support the minimum needs. This could be the result of a disability, or due to the fact that the parent stayed home with the children and was absent from the work force. The court may also decide to award the maintenance before the divorce is final, under temporary orders.

Court Ordered Maintenance does have limitations. There is a three-year cap unless a disability is involved. In fact, in the case of a disability Court Ordered Maintenance may continue indefinitely. There is also a financial cap on alimony. The cap is at either $2, 500 or 20% of the paying spouse’s income. It is important to note that the receiving spouse will have to prove to the court that they truly are unable to meet their own minimum basic needs.

There is another instance when Court Ordered Maintenance may be awarded. This involves domestic abuse or family violence. If the paying spouse was convicted of a crime within two years of the filing of the divorce case, or if the paying spouse received deferred adjudication, the court may award the victimized spouse alimony.

It should also be stated that alimony is a tax advantage for the paying spouse. They can write it off on their taxes as well as it is declared and claimed as income for the receiving spouse. A wise divorce attorney can use this to his or her advantage. Since a couple can decide upon their own alimony agreement, the higher earning income spouse may agree to pay alimony as part of the divorce settlement that is worked out through their attorneys. This is referred to as Contractual Alimony since it is based upon a contract between both parties. Since the terms of the alimony are worked out between both parties, there is no financial cap or time limit included with Contractual Alimony.