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Posts Tagged ‘issue’

Do you have any tips for how I can best manage my family law case?

17 Mar

Managing your family law case will be one of the most challenging things you ever do. Organizational skills will come in handy in your role as project manager, but it’s equally important for you to maintain perspective and keep focused on your goal of a positive outcome. You can do this.

Where do I begin? 

Your first objective is to define the scope of your project, so you have an overall picture of what you will be required to do as you navigate your case. Block out some time when you won’t be disturbed, grab a pen and some paper, and start by familiarizing yourself with the five stages a family law case typically goes through: (1) filing the initial petition and response; (2) the temporary order process; (3) discovery; (4) the settlement conference; (5) the trial if settlement fails. You can find a breakdown of this process in my post, As A Pro Se Party, You are the Project Manager of Your Family Law Case.

I recommend going through each stage, one at a time, to create action items. Be sure to consider the forms and documents you’ll need to gather, deadlines for filing paperwork, information to compile in support of your case, appointments to make and meetings to attend. Make sure you read more about finding the best family law attorney, that is quite important. At the end of this process, you should have a detailed task checklist for each stage of your case, as well as a project timeline. If you need help with this, Pro Se University offers $5 Roadmaps (several are free) to help you with your family law issue.

Label file folders for each stage of your family law issue, so you’ll have a place to house your checklists and other documents you are likely to collect. Also, buy a large calendar to prominently mark important dates and deadlines.

How can I keep from being overwhelmed by my family law project?

Concentrate on one stage at a time. Simply developing your action plan is a large undertaking, but once it’s in place, executing your to-do lists will seem less daunting. Here are some things you can do to make the work more manageable:

  • Create an environment that is conducive to concentrating. This means eliminating distractions and physical clutter. Turn off your phone and television, ignore your doorbell.  Your work area should only contain the tools you need in order to work on your case and nothing more. It can be comfortable and accommodating, but cannot be used for anything other than your casework.
  • Set aside enough time to get through a few items from your checklist. Don’t try to tackle everything at once, but mix easier tasks with more complicated ones. The energy and ego boost you’ll feel from accomplishing the smaller items will help you power on. People generally underestimate how long it will take to do something, so I recommend doubling your estimate. If you think it will take you half an hour to fill out a form, give yourself an hour. It is better to have extra time on your hands than to miss a deadline.
  • If you are stretched thin and your calendar is already full, consider saying no to some of your personal obligations. Effective project managers know how to prioritize. You may need to make some tough decisions if you want to stay focused and on task.
  • Be as prepared as you can. If you are working on a computer, constantly back up your files. You don’t want any of your hard work erased. It’s also a good idea to keep a notebook at hand so that you can write down any ideas or questions that come up. Written reminders are important because you will be keeping track of many details, and you don’t want to rely on memory alone. They can also help you quickly pick up where you left off if you are interrupted.
  • Above all, take care of yourself during this process. Eat and sleep well, take breaks and cut yourself some slack. It’s perfectly reasonable if other areas of your life fade to the background for a while. Your number one priority is to get through your case and achieve a favorable outcome. Keeping this in mind at all times will be invaluable.

Pro Se University offers affordable legal help for individuals living in King County who are not able to afford an attorney. If you need guidance along the way, contact us or attend a free 30-minute appointment. We will help you get on track and through your family law issue.

Photo by Andy Ciordia

 
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Posted in divorce process King County, family court, family law case, family law trial, project management

 

Should I ask my friend for advice about my divorce?

04 Mar

Should I change my hair? What car should I buy? What movie should I go see this weekend? What gym should I join? What should I do about this issue I’m having at work?

We seek advice from our friends and family to learn how to approach a new situation. Our goal is to go from knowing “nothing” to knowing “something.” And who better to prepare us for this than a group of people we already know and trust?

I know I have a group of friends I lean on for advice. But there are some situations when one needs to evaluate if our friends are the appropriate and qualified source of information about important life issues that vary from person to person, based on their own experience.

Take divorce for example. 

Why should I be careful when seeking a friend’s advice about divorce?

Author Susan Pease Gadoua wrote a great article on this subject titled, Beware When Seeking A Friend’s Advice About Divorce, for the Huffington Post. She says that you shouldn’t learn about divorce from someone like a friend, family member, neighbor, or co-worker, and this group of people alone. They should not be your only source for learning about everything that can happen as you move through the often-confusing legal process.

Gadoua cites three main reasons to support her claim:

  1. You are learning about divorce through someone who may not fully understand what happened or why.
  2. Your friend/acquaintance may not tell you about special circumstances in his case that may have influenced a particular outcome.
  3. Everything about you and your case is different from anyone else’s case or circumstances.

Everyone reaches out to his or her network to seek advice and learn from the experiences of their peers. That’s okay. But your peers’ lives and situations are completely different from what you are going through right now.

For example, if you are reading this, you are considering or have already decided to represent yourself and are looking for ways to “do-it-yourself” and learn how to do it right. You know that you need help and are looking to team up with someone to get the help you need, when you need it.

How can I learn more about divorce, if not from my friends?

I’m not saying that you shouldn’t ask your friends for advice about what they went through with their divorce, but keep in mind that what they are telling you is different from your situation and there are details they may be omitting from the story that you’re unaware of.

So what can you do to learn more about the divorce and legal process? I recommend that you learn as much as you can, and books by accredited lawyers are a great resource. Here are a few to get you started:

Once you have educated yourself as much as you can, build the list of questions that those books have not answered and schedule an appointment with a professional who knows the intricacies of the law specific to the court system where you live.

We are here to help – you can sign up for the next free 30-minute Attorney Appointment, register for a Pro Se University Workshop, or look into other services that match what you’re looking for.

Just because you don’t know what you don’t know, doesn’t mean you have to go it alone.

 
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Posted in divorce, resources

 

How can I be an effective negotiator?

17 Feb

If you are not familiar or comfortable with negotiating, you may see it as an intimidating task that requires you to be aggressive or manipulative to get what you want. While it helps to be able to assert yourself, negotiations charged with negative energy will not be the most effective. Being prepared, maintaining a healthy mindset, listening and clearly communicating will be your keys to a successful outcome.

How to prepare for your meeting.

You’ll want to arrive at your meeting with a clear understanding of what you hope to get out of it. That means you’ll know not only what you hope to gain, but what you are willing to give up. Also, think about the needs and objections of the other party – “walk a mile in the other man’s shoes” – so that you can respond quickly and appropriately. Make sure you can provide alternative solutions to the objections. It’s a good idea to create a file with all of your prep work to reference during your meeting.

It is also a good strategy to show up with drafts of all of the necessary paperwork to finalize your case. You can bring them on a laptop or thumb drive, or in hard copy form. If you reach an agreement at the mediation, you can fill out your drafts with your agreement. This work will put you that much closer to finishing your case and will be accurate because both sides will have participated in completing the documents. If you are not sure what paperwork you will need, we can help. Sign up for a free attorney appointment.

Get in the right frame of mind.

Walk into your negotiation with a positive mindset. Try to leave your emotions about the other person at home and approach the situation as you would a business meeting. Give each issue a reasonable amount of time to discuss and when you reach that time limit without significant progress, move on to the next issue. Setting and sticking to an agenda will set the tone that you are both there to resolve your legal issues. Keep focused on the outcome you want; don’t dwell on the past.

Listen carefully and communicate clearly.

During the meeting, listen carefully to the other party and don’t interrupt. Really seek to understand that person’s motivations because this will help you craft the best response. If the other person stakes out a position that you find unreasonable, ask, “Why is he or she taking this position? What is driving him or her to want this outcome?” Often, if you ask these clarifying questions before moving forward in the conversation, you can come up with a solution that addresses the underlying reason for the requested outcome that both parties can accept. When you request something, try your best to clearly communicate why you want this outcome. This will help you and the other person to come to reasonable accommodation on the disputed issues.

It is normal to feel anxious about negotiating. Just remember that a successful negotiation is one that results in both parties walking away feeling that their points of view were heard and the outcome was based on mutual understanding. In most cases, this means reaching a compromise.

 
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Posted in family law mediation, mediation, negotiating strategy, opposing party

 

What if my former spouse and I cannot decide on a parenting plan?

03 Feb

An important step in the divorce process is agreeing what to do with your children. This includes decisions about child custody, parenting time, child support, and who holds what responsibilities over the child or children in your life. In the past, there was one custodial parent and the other parent would receive visitation rights only. This is no longer the only option. Nowadays, one parent’s home may be where the children spend most of their time, but there is a clear trend toward more equal-time arrangements. Also, it is very common for parents to have equal decision-making authority regarding such matters as education, non-emergency health care, and religious training.

When the decisions about the parenting plan are complicated or when both parties are unable to reach a resolution, the court may intervene and require a parenting plan evaluation.

In a parenting plan evaluation, a specially-trained and licensed expert evaluates each parent and child to assist the court to make a decision. These experts often have advanced degrees and training regarding child development. The evaluator is an impartial party who is focused on one thing, and that is “the best interests of the children” involved.

What is the goal of a parenting evaluation?

It is key that the expert performing the evaluation be trained in how to remain impartial and keep the well being of the child a priority. Luckily, in Western Washington there is a special certificate program that trains health and law professionals in these skills. It is called the Parenting Evaluation Training Program (PETP) at the University of Washington. Graduates of this program have been specially trained to work effectively as evaluators and treatment personnel to protect the interests of children and help resolve high-conflict family law litigation.

A PETP graduate also may offer “Co-Parent Psychotherapy,” which is a form of counseling with the following goals:

  • Reduce parental conflict and enhance cooperation
  • Quickly resolve disputes between parents about the children
  • Assist child’s (children’s) coping with their parents’ conflict
  • Reduce post-divorce litigation
  • Enhance parenting skills

At its core, the parenting evaluation and co-parent psychotherapy can help you learn how to parent your child together with your former spouse and lead a more peaceful life after divorce. It is not a single-parent parenting class, but an opportunity for both parents to learn how to focus on the well being of their child.

You can find details on what to expect during the University of Washington Co-Parent Psychotherapy process here.

Where can I find a qualified parenting evaluation professional to help me with this issue?

If you need a parenting evaluation or want to start Co-Parenting Psychotherapy, the list of PETP Graduates is a great resource.

If you have any questions about how a parenting evaluation can help move your family law issue forward, we can help. You can sign up for a free 30-minute Attorney Appointment on the web.  We schedule these appointments on one Tuesday each month.  You can also contact our office and speak to Xenia at 877-776-7310 to schedule a free consultation.

We look forward to working with you.

Source: Guidelines for Child Custody Evaluations in Family Law Proceedings (http://www.apa.org/practice/guidelines/child-custody.pdf ) by American Psychological Association
Related: Co-Parent Psychotherapy (http://depts.washington.edu/petp/coparent.html )

 
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Posted in divorce, resources, undefined

 

How Will Looming Budget Cuts Threaten My Family Law Case?

13 Dec

In November, King County voters rejected Proposition 1, which would have authorized an increase in the King County sales tax to fund criminal justice, fire protection, and other government functions, one of which would be to invest in kids and families. Because of the budget shortfall, come January, one cut will include eliminating nearly the entire Family Court Services program and Family Law Facilitators who assist more than 10,000 clients a year.

What do these cuts mean for my family law case?

Family Court Services is a program in the King County Superior Court that is staffed by social workers who specialize in assisting with family law issues. They help the court during a family law issue to promote the outcome that will benefit the children and the family as a whole.

Family Law Facilitators provide information and referrals to family law litigants who are not represented by attorneys. This means you, if you are a Pro Se party. 

Without these programs, people will be without the county-provided resources they may need to navigate through their family law issue.

Luckily, Pro Se University offers two services that can help you:

Workshops are an affordable way to help you with a specific family law issue. They are perfect for people who know what paperwork they need to fill out, but need help with the details. At each workshop, expect to walk out with a completed document that is ready to be filed. We offer a variety of workshops most days of the week. You can check out our workshop schedule and sign up here.

Attorney Appointments are ideal for you if you need individual legal advice and coaching on how to manage your case or if you need help with a specific issue. These appointments are ideal for people who need more personalized information about their family law issue than a workshop will provide.

Attorney Appointments are more expensive than workshops. However, Pro Se University is offering a free 30-minute Attorney Appointment for any family law issue on Tuesday, December 14 and the next one is Tuesday, January 25, 2011. This is a great opportunity to get personal information about your case from the experienced family lawyers on our team. 

If you are interested in a free 30-minute Attorney Appointment, you can sign up here. Or call Xenia at 877-776-7310 to schedule an individualized appointment and learn more about our workshops.

 
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Posted in attorney appointment, attorney support, Prop 1, Proposition 1, services, workshops

 

Confessions of a Lawyer

08 Oct

A lot of people think that law school teaches everything there is to know about being a lawyer. In truth, almost everything practical I learned about being a lawyer, I learned in practice after I graduated. Don’t get me wrong, I don’t knock my law school experience. Law school taught me critical thinking skills that I use on a daily basis. But most of what I learned about the nuts and bolts of practicing law I didn’t get sitting in a class room. Also thought me to have a estate lawyer near me, because there is always some problems with properties.

Law school can’t possibly teach all you need to know. There are so many unique issues in legal practice, so many variations from one jurisdiction to the next, so many local rules, so many differences in the way different court rooms operate. So when a new issue comes my way that I don’t know how to deal with, what do I do? How do I get started?

I research. I read. I ask around. As a lawyer getting started (and even to this day), I spent time in the library (both law library and public library) and online. I always find myself asking fellow lawyers what to do about situations. This is not a bad thing. Any lawyer who doesn’t do these things is committing malpractice.

I find that one of the best ways to familiarize myself with an area of the law is to use quality legal self-help materials. These are practical guides that teach about legal issues. These guides won’t teach you everything. You also have to review relevant statutes, case law, and local rules that apply to your case, but it is certainly a great place to start.

Nolo is a great resource for legal self-help materials that I have used on numerous occasions. Link to them below to see if they have materials for your legal issue.



 
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Posted in About Lawyers, Legal Research Resources

 

The Unbundling of Legal Services

04 Oct

What can you do if you have a legal issue for which you cannot afford to retain a lawyer (but you do have some money) or you feel the issue is simple enough for you to handle on your own, but you need a little guidance? Perhaps you would like to use a lawyer for certain parts of your case such as:

  • To provide advice, information about the law, procedures to follow;
  • Completing crucial forms;
  • Review forms you prepared;
  • Conducting legal research; or
  • Representation at critical court hearings (perhaps you want to represent yourself to reach a settlement but want a lawyer in case the case goes to trial).

A lawyer providing limited representation for a client must follow Rule 1.2 division (c) of the Ohio Rules of Professional Conduct which states:

“A lawyer may limit the scope of a new or existing representation if the limitation is reasonable under the circumstances and communicated to the client, preferably in writing.”

So as long as the limited representation is reasonable under the circumstances and preferably in writing, then it is allowable. However, many lawyers are still reluctant to enter into such agreements. Some find it difficult to communicate the limitations and fear misunderstandings with the client. Some are busy enough representing clients on a full-time basis that they don’t need to engage in limited representation. Others are just traditionalists and historically, this was not how legal services were rendered. Some attorneys will provide limited representation as long as it does not involve appearing in court. It is difficult to start handling a matter without knowing what previously happened in court. Also, once an attorney makes an appearance in court, the court must approve a subsequent withdrawal.

This should not stop you from inquiring about a limited representation arrangement if you feel it is right for you in your situation. This site’s administrator, Jason Kasunick, is an Ohio attorney who does engage in limited representation arrangements under the right circumstances. Please feel free to contact him at (216) 245-7375 or through the email form on the Contact Us page to learn more.

 
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Posted in About Lawyers

 
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