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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121After practicing law for years and litigating hundreds of cases in every metro court room I have come to believe that if people are able there is an alternate less costly and painful way to reach a resolution in their family crisis. This path may not be for all couples as often there are significant issues involved in which people are dealing with severe personality or psychological issues, abuse and addiction. In these cases there must be urgency and court intervention which my legal practice has dealt with and continues to deal with. I have spent years resolving these matters aggressively and only charging a reasonable flat rate. I have always felt that charging tens of thousands of dollars to resolve problems for families in crisis only creates more crises. I have always believed that the goal was resolution and not exasperation of these issues. I have also always felt there is a better way for many.
You do not have to spend your financial futures and children’s futures in contentious litigation. Most experienced attorneys have a very good grasp of where your matter is going after the first interview. Most veteran divorce/family attorneys have done hundreds of these matters and seen the issues presented hundreds of times. We have argued and presented these issues in front of all the judges in the metro area and have seen their approach to these issues. We have reviewed, presented and argued the law relevant on all of these issues the same amount of time. You are paying for the attorney’s wealth of experience and knowledge regarding your situation and often you do not need to spend two years and all of your own wealth moving through these matters.
The system as presented offers an adversarial system of civil litigation in domestic matters. The essence of this system is that you hire your attorney to represent your interests and the opposing party hires their attorney to represent their issues. The legal system is based on the reality that there are adversarial positions that need adversaries to defend, prosecute and argue positions. There are litigation rules in place that facilitate these contrary views, eventually preparing the arguments presented to the court. These matters become very contentious and very expensive and leave individuals financially and emotionally devastated. This is especially true in divorce and family law. Families are already falling apart, the most precious and sacred part of our lives are being wrecked and the only relief in the legal system is to come forward and go further down the path of absolute destruction. Civil Domestic litigation is unique by the very essence that we are dealing with families not strangers suing a business or an insurance company. We are dealing with individuals whose lives are uniquely intertwined emotionally and financially. We are dealing with children and lost dreams and fearful futures. There is no right or wrong and no one wins. The legal system in place is not suited to deal with these matters through litigation.
The courts have recognized this and require that parties attend one mediation prior to a final trial; however, this mediation is reached after months of vicious litigation and attended by adversarial attorneys. Some counties have created Family Courts in an effort to navigate these matters. However, this system is still adversarial in its nature. As stated, some families are in such a crisis and dealing with issues that do require a strong advocate and the courts to intercede. If this is the sad reality then the system provides this relief and we can move in that direction. However, in many circumstances couples are dealing with the division of assets, which rarely deviates in court rulings. Many have grown apart, or behaviors have become unforgivable. Often couples are able to parent and intend to protect the children during this process and need guidance. As I stated most attorneys know essentially where your matter is heading after the first interview, the question is are you both ready to listen to that advice.
Many people are not and the question is how you reach resolution. I have done hundreds of very contentious cases and rarely do they resolve in a direction in which I did not predict. Sometimes people spend tens of thousands of dollars seeking revenge or their idea of justice only to end up somewhere in the middle. Often they return to my office seeking my flat fee arrangement after billing hourly. There is an incentive to litigate endlessly with people who choose to walk this path.
I understand some people’s hurt and hate runs so deep they have to fight, I recognize that many families suffer abuse with spouse and children, I understand there sometimes in a spouse struggling with addictions and/or personality or psychological issues. Sadly this is a statement regarding our current mental health care system and our schools and courts become the navigator of these issues. I have dealt with hundreds of these matters and this is why I do these on a flat fee as many could not afford access to the courts. However, if your family is not struggling with these issues and if you could remember why you married or think of all those affected by the end of the marriage there is another way.