Friday, December 27, 2013

Planning ahead: make the most of your consultation with an attorney

When meeting with a lawyer during a free consultation, going in the meeting blindly can quickly make the appointment counter-productive. While a 30 minute consultation is a good amount of time to discuss a legal issue, 30 minutes can go by really fast if not properly prepared, and, before you know it, the consultation is over. Therefore, prior to the consultation, it is important to you prepare a series of questions or topics that you want to discuss with the lawyer.

When discussing your situation, cover only the main points of what happened and why you are concerned. It’s easy to stray away from the main idea and delve into areas that are secondary. For example, if you are discussing a business dispute involving your previous business partner’s frivolous spending habits, it would be unnecessary to detail every single expense. There will be time to discuss the details later if you and the lawyer decide to work with each other.

If necessary, it may be helpful to try rehearsing what you would like to tell the attorney during your meeting. This may help reduce nervousness and help ensure that you are sharing the information in a timely manner.

If you would like to know more about preparing your consultation with a lawyer, contact the Riverside County Bar Association Lawyer Referral Service. For updates regarding legal news, follow us on twitter.



The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Monday, December 16, 2013

Communication and your attorney

With any legal issue, you can expect a substantial amount of communication between you and your lawyer. Therefore, maintaining professional and timely exchanges with your attorney is imperative in seeing your legal matter handled appropriately.

During your consultation with the lawyer, discuss both your and the lawyer’s expectations and manner regarding communication. Do you prefer to communicate via phone or through email? Or, does your legal matter require that you meet with the lawyer face-to-face? How quick can the attorney respond to your questions or concerns?

There are other factors that may affect the efficiency of your communication with the lawyer such as the lawyer’s workload, the difficulty of your case, and the timeframe for your issue. It’s best to clear up any of these issues during the initial consultation so that you and the lawyer maintain effective communication.

If you have more questions about how to prepare for a consultation and how to communicate with a lawyer, contact the Riverside Lawyer Referral Services. We want to help.

If your matter is not in Riverside County, consider one of these alternative Lawyer Referral Services:





The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Thursday, December 5, 2013

“Honesty is the best policy” – opening up during the consultation

Some people aren’t sure how they should present themselves and their legal matters when meeting with a lawyer. Maybe they had some fault in the situation. Perhaps there are uncomfortable details in their circumstances. People may think that leaving out details that may incriminate them or make the lawyer uncomfortable would be beneficial as they would be presenting themselves in a “better light.” However, this is very counterproductive and concealing information from the lawyer can ultimately make the legal situation worse.

When you meet with the attorney during your consultation, it is important that you are completely honest with your case so that the attorney can fully understand your situation and give you the best advice regarding the next steps. Discuss the main points of your situation and do not hesitate to bring in information that you think may tarnish your image. The lawyer is there to help you and not judge you for your actions.

In addition, everything that you disclose to the lawyer is completely confidential and protected by the attorney-client privilege, even if you decide to not continue to work with the lawyer. All of the information that you provide is safe and it cannot be disclosed to anyone else without your permission.

If you have more questions or concerns regarding the types of conversations that you should have with a lawyer, please contact the Riverside County Bar Association Lawyer Referral Services. For more legal information and updates, follow the Riverside LRS on twitter.

In case your matter is not in Riverside County, consider one of these alternatives:





The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Tuesday, November 26, 2013

How long will it take? – Asking your lawyer to predict the timeframe for your claim

Do you have a legal matter that you want resolved, but are unsure if you want to put in the amount of time to come to a resolution?

When it comes to legal situations, a substantial amount of your and the attorney’s time is necessary in order to see it into completion. Legal matters tend to be multifaceted, and, depending on the complexity of the legal issue, compiling each of the necessary components can be time-consuming.

If you are unsure about the length of time that may be required for your legal matter, discuss these concerns with the lawyer during the consultation. The following questions may help you gauge the amount of dedication and time involved to resolve an issue:

How many parties are involved in the case?

What kinds of evidence need to be collected?

Do experts need to be consulted to evaluate the evidence?

Do there need to be witnesses for your legal issue?

By discussing the amount of time involved in your legal situation, you can be better prepared for the legal proceedings. For more information regarding legal services, contact the Riverside County Bar Association. Or, if you are outside of Riverside, consider discussing your questions and concerns with the Brooklyn Bar, the Chicago Bar, or the Bar Association of San Francisco.


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Friday, November 15, 2013

Is there too much on your lawyer’s plate? – Considering the lawyer’s workload and how that affects your claim

Going through any legal matter is time-consuming and stressful, so it is useful to go over a timeline with the lawyer to help gauge the amount of time and commitment you and the lawyer need to put in. One thing to consider is the lawyer’s current workload. Does the attorney already appear to have numerous cases to handle? Would he/she be able to focus on those cases and take on yours and keep you informed of significant developments?

There are times when the lawyer’s workload may be very full and, if he/she is dealing with involved cases, then it may be challenging for him/her to put in the amount of attention in your case that you would like. For example, if you are talking with a family lawyer, his/her workload may not be as heavy if the family matters are being settled in mediation as these types of situations do not require obtaining extensive evidences and calling upon witnesses. However, if the cases are very involved and require court appearances, then the workload may be substantial as they require the lawyer to delve deeply into the issues.

While the lawyer is not able to discuss any of the cases with you, you should ask the lawyer to gauge his/her workload and the possibility of taking on your case as well. In particular, if you believe that your case is going to be involved, then you should definitely inquire if your lawyer will be able to put in the time and energy needed into your case. Being upfront about such questions is important because it will help prevent stresses later on.

If you need further assistance regarding finding the right lawyer for your case, or if you would like to talk about any questions regarding the Lawyer Referral Services, contact the Riverside County Bar Association.

If you have a legal matter outside of Riverside County, consider one of these alternatives: The Bar Association of San Francisco, The Chicago Bar Association, or the Brooklyn Bar Association.

The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Monday, November 4, 2013

Is my consultation confidential?

During the consultation with a lawyer, there is a degree of respect and professionalism that the lawyer will uphold in the meeting. Regardless if you and the lawyer decide to work with each other, when engaging in a professional legal relationship, everything discussed with the lawyer in a private meeting remains confidential.

For example, John has a consultation with a lawyer regarding a violent crime. He discusses the situation in detail with the lawyer, but ultimately chooses to go with a different attorney. However, everything that was discussed with John and the previous lawyer is still between them and protected by the attorney-client privilege and that lawyer cannot provide any information regarding their conversation to the new lawyer, law enforcement, trial proceedings, or anyone for that matter.

Because the consultations are completely confidential and privileged, you can feel free to discuss important (and even uncomfortable) points in more detail. Providing as much pertinent information as possible to the lawyer will allow him/her to give you helpful legal guidance regarding the proceedings.

For more questions or concerns regarding lawyer help and services, contact the Riverside County Bar Association Lawyer Referral Service.

If your matter is not in Riverside, try these alternatives:

The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Tuesday, October 29, 2013

Contingency Fees

Many people are under the assumption that hiring a lawyer is very expensive and ultimately not worth the trouble. However, during your consultation with the lawyer, depending on the type of case, you may find that he/she works on a contingency basis. This means that the payment is contingent on the outcome and the lawyer will not accept any legal fees unless your case is won.

Contingency fees are common when clients are being compensated for their pains such as personal injury or workers compensation. If you are facing financial strains with your legal situation with medical bills or lost wages, having a lawyer who works on a contingency fee basis may alleviate some of the stress.

Because contingency-based cases put lawyers at a high-risk, they tend to be more selective about which cases they choose to represent. So, you need to make sure you are prepared during the initial meeting regarding your claim so the lawyer can evaluate your circumstances.

Not all lawyers work on a contingency basis. For instance, civil lawyers and family lawyers tend to work on an hourly basis.

When finding an attorney through the Riverside Lawyer Referral Service, we can help match you with the right lawyer for your situation.

Not in Riverside? There are alternative Lawyer Referral Services at the Bar Association of San Francisco, the Brooklyn Bar Association, and the Chicago Bar Association.


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Friday, October 18, 2013

How do emotions have an effect when deciding whether or not to get an attorney?

It’s unlikely that someone would consider a legal matter as a joyous occasion. The process itself can be expensive, time-consuming, and emotionally draining. For many, deciding whether or not a lawyer is needed for the case can prove to be its own feat as there are pros and cons in a lawyer representing your case and you representing yourself.

One thing to consider is your emotional involvement in the case. Probably one of the most counterproductive things you can do during a legal dispute is to have your emotions overshadow your good sense. This may be even more problematic when personal relationships are involved in the matter such as a divorce, business dispute with family or a loved one, or estate matters. When being highly emotional about a case, people may make rash decisions, making the outcome even worse.

Having the right lawyer brings a necessary cerebral component to the legal situation and can help maintain a level of professionalism and objectiveness when evaluating the circumstances. In the end, this will benefit all of the involved parties.

If you have more questions regarding whether or not you should hire an attorney, contact the Riverside Lawyer Referral Services for more information.

In case you do not live in Riverside County and still would like Lawyer Referral Services, consider contacting the Bar Association of San Francisco, Brooklyn Bar Association, or Chicago Bar Association.


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Friday, October 4, 2013

Gauging the complexity of the issue

There are instances when a lawyer may or may not be necessary for a dispute and it’s really up to you to decide if hiring a lawyer is the best option for your legal matter.

For example, a person may be getting sued and is served with copious amount of paperwork. The documents themselves are confusing and the person who is served is unsure about the appropriate steps. Hiring a lawyer may prove to be useful in this case because he/she can carefully go over the documents and provide sound legal counsel and representation.

Alternatively, if you have a firm understanding of the legal process and its implications, hiring a lawyer may not be entirely necessary. For instance, when filing for the divorce, the couple may not have any children, substantial assets, or other pressure issues. In this case, a lawyer may not be necessary and the couple and go through the process by themselves.

Ultimately, it’s up to your judgment regarding your comfort level with the legal process. In any case, having a consultation with a lawyer about your situation may prove to be a useful asset as there may be unforeseeable and complex issues that you may not have considered in the case.

Have the Riverside Lawyer Referral Service refer you to an experienced lawyer to evaluate your situation.

For alternative bar associations, consider one of the following:


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Monday, September 30, 2013

Dress to impress: how your clothing affects your meeting with an attorney

For many of us, thinking about what to wear to a consultation with a lawyer would be the last thing on a person’s mind, but, in actuality, wearing the right clothes can make a difference during the meeting.

Because this is a business consultation, you should be well dressed and professional. Just as the lawyer wants you to take him or her seriously, you need to be taken seriously as well. Having both parties dress professionally may help set the tone for the relationship.

Dressing professionally may also give you that needed boost before meeting the lawyer. Having a consultation with a lawyer can be a daunting task, especially if it is your first time meeting with a legal professional. Wearing the right clothes may help you feel more in charge and confident.

If you have more questions about how to prepare for a consultation with a lawyer, contact the Riverside Lawyer Referral Services. We want to help.

If your matter is not in Riverside County, consider one of these alternative Lawyer Referral Services: 


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Tuesday, September 17, 2013

Is your lawyer familiar with handling cases like yours?

When you have a consultation with a lawyer, there are many things to consider in determining if you are meeting with the right lawyer for your case. One thing to consider is whether or not the lawyer has current experience in legal claims that are similar to yours.

For instance, you may have a consultation with a personal injury lawyer because you want to discuss a medical malpractice case. However, just because the attorney works in personal injury law, it does not automatically mean that he or she is well-versed in medical malpractice cases. The lawyer may focus more on automobile accidents instead. Or, even if the lawyer has knowledge and experience in medical malpractice cases, his or her focus may be in a different area, like birth injuries, but you may need a lawyer for a surgical mistake.

It’s important to hire a lawyer who has experience pertaining to your specific legal needs so that you can receive the best representation possible. He or she will know the right types of evidence to collect and how to work with the appropriate professionals to build the best case for your claim.

Use the Riverside County Bar Association Lawyer Referral Services to match you with an experienced lawyer for your specific legal needs. If you have questions regarding meeting with an attorney, please do not hesitate to contact us.

If you are not in Riverside County, there are other bar associations that offer Lawyer Referral Services such as the Bar Association of San Francisco, Chicago Bar Association, and Brooklyn Bar Association.


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Wednesday, September 4, 2013

Why should you search for a lawyer through the Riverside County Bar Association Lawyer Referral Service?

Looking for a lawyer can be a daunting task; therefore, having the assistance from a Lawyer Referral Service like the one at the Riverside County Bar Association will prove to be very useful. In having connections to lawyers in various aspects of law, our helpful staff will assist you in finding the right lawyer for your case.

In order for a lawyer to be a part of our Lawyer Referral Service, he or she needs to undergo an extensive screening process. The lawyers must be highly-qualified and maintain current experience in their respective legal fields. We also regularly check their client satisfaction to ensure that they are continuing to provide excellent services. 

Knowing that each of the lawyers in our panel is pre-screened helps take out a lot of the guesswork when selecting the right lawyer. If you have any questions regarding our Lawyer Referral Services, do not hesitate to contact us. 

You can also follow the Riverside County Bar Association on Twitter to get updates regarding legal and lawyer referral service information.



The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Saturday, August 31, 2013

Limited Representation

When deciding whether or not to hire a lawyer, know that you do not need to hire a lawyer for the entire duration of the case. In some cases, you may find that hiring a lawyer for limited representation may be your best option.

Limited representation may consist of meeting with the lawyer for a couple or few hours to discuss your case, receive legal advice regarding necessary steps, and/or provide a prediction of your case's outcome. Or, you can have a lawyer go over legal documents with you to help ensure that you are filling them out properly and to provide advice for any of your questions or concerns regarding the documents.

By going through the limited representation route, you are in more control about what you want to spend on a lawyer and can receive the services that pertain to your specific needs.

If you would like to know more about limited representation and obtaining a lawyer, contact the Riverside County Bar Association Lawyer Referral Service. For updates regarding legal news, follow us on twitter.

If your matter is not in Riverside, try these alternatives:


The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Thursday, August 22, 2013

Need a personal injury lawyer? Does he or she work with a medical professional?

When filing a personal injury claim, you need to make sure you are working with the right legal team to represent your case. With the vast amount of personal injury lawyers, it may seem challenging to narrow your search. One criterion to consider is whether or not the personal injury lawyer has access to the right medical professional as a part of his or her team.

While attorneys may have strong legal backgrounds to compile evidence and produce strong cases, they are not doctors and cannot give medical advice. Therefore, having access to the right medical experts provides a much-needed perspective when evaluating the evidence. This will prove to be particularly helpful when determining the proper compensation amount as the physician would be able to see the lasting impact of the injury and the types of treatments that would be needed. In addition, if you have general questions regarding your personal injury situation, the medical professional can provide your attorney with sound guidance.

Contact the Riverside County Bar Association Lawyer Referral Service to connect you to the right lawyer and if you have any questions regarding personal injury attorneys.

If outside of Riverside County, consider the Lawyer Referral Services at the following bar associations:

·         Chicago Bar Association
·         Brooklyn Bar Association

The materials in this blog are for informational purposes only, and are not guaranteed to be correct, complete, or current, and should not be relied on as legal advice. You should consult with a lawyer if you need help with a legal matter and not rely on anything you read on this blog or elsewhere on the web.

Thursday, August 8, 2013

Beware of do-it-yourself legal solutions

There are a lot of online legal resources offering an inexpensive do-it-yourself solution to nearly every legal problem. Depending on how complicated your legal matter is and how carefully you fill out and file your paperwork, the result can be adequate, as promised by the website, or it can be a disaster that costs more in legal fees to fix later than it would've cost to have hired an attorny initially.

Some things to think abut before you use one of these services:

(1) Have you talked to any attorneys about your legal matter to see what it would cost to hve a lawyer help?

(2) Is your case complicated or do you feel it's straightforward?

(3) Do you have a good understanding or the stregths and weaknesses of your matter.

(4) What is the worst thing that can happen if the paperwork is defective in some way?

(5) Is it suitable for the State in which your matter is located (many of these machine-generated forms are supposed to be universal for all States but local laws can vary a lot).

And there are other things to consider as well. Just be careful and think about talking to an attorney before you embark on a self-represented alternative.

Wednesday, July 31, 2013

Asking your lawyer about challenges and strengths he or she sees in your case


Lawyers you're talking to about your case will naturally have opinions and ideas about how your legal matter is going to turn out. Sometimes the attorney is pessimistic about your hopes for a successful result but will take the case anyway for their own reasons. 

To find out what your attorney is thinking about your case, and to help you assess his or her dedication to your outcome, it is worthwhile to ask about what he or she sees as the strengths and weaknesses of your case. This will also give you a glimpse into whether the attorney has fully thought through your facts and circumstances in light of his or her experience and knowledge of the law.

Every case has both strengths and weaknesses so if the attorney tells you that there are no weaknesses in your case, he or she may be more in a sales person role than that of an advocate.

In any case, try to speak with more than one lawyer and ask the same question of each of them. If they agree in their assessment of your mater, then you can probably move on to other criteria in your hiring process. If they completely disagree in their assessment of your case, there's a strong possibility that at least one of them is saying things that are no in accord with the detail of your case.

Please ask the right questions and hire wisely. Get a second opinion regardless of how certain you are that this is the right attorney or you.

Contact the Riverside Lawyer Referral Service for more information.

Thursday, July 18, 2013

Make sure your lawyer has insurance

Making sure your lawyer has insurance

How important is it that the lawyer I'm thinking about hiring has insurance?

Insurance for lawyers in California is call "Error and Omissions Insurance" and covers the attorney in case he or she gets sued for malpractice by a client.

Every attorney should have insurance and the attorney you hire should have it too. If your case is a personal injury case, for example, and the attorney fails to file some critical piece of paperwork by a deadline, then your case may be lost through no fault of your own. This would be the case even if you were seriously hurt. In a scenario like this, you'd be forced to get your personal injury recovery from the lawyer who ruined your case.

The reason this is not ideal is because it ties you up into even more litigation and even worse, the amount you can recover from the attorney, if uninsured, may be limited to his or her assets, which might not be very much.

Before you hire an attorney, ask him or her if they have insurance. If they don't ask why not, and then call us to see if we can help you find a qualified lawyer with insurance. Having errors and omissions insurance is a requirement for membership in our Lawyer Referral Service so we can promise that we'll have you protected to that extent.

Call us at 951.682.1015

Tuesday, July 9, 2013

The Riverside County Bar Association Lawyer Referral Service is Online!!


Please Follow the Riverside County Bar Association Lawyer Referral Service on Twitter, Like us on Facebook, Connect with us on LinkedIn and Plus-one us on Google+

We are a non-profit public service of the Riverside County Bar Association, which has been serving the Riverside community since 1894. If you have any questions, comments, feedback or concerns about our organization or the services you've received from us, please call us at 951.682.1015.

We want to hear from you.

Tuesday, June 25, 2013

Getting references from your lawyer before hiring them

Getting references from your lawyer before hiring them

If you're considering hiring an attorney, it would be helpful to get references fro previous satisfied clients. This is not always easy to do because former clients may be hesitant to talk about their case with a stranger who wants to know about it but maybe the attorney can come up with a list of a few clients who can speak to his or her experience.

Google the attorney as well. By performing a search on the attorney's name, you may be able to find reviews, positive or negative on websites like Yelp, Citysearch, Google+Local and the like. A negative review by itself may or may not tell you much about a lawyer because people are much more likely to write a negative review than a positive one, but if there are several negative reviews on a common theme, it may be worth talking to the attorney about the reviews to see what he or she has to say about them.

Be careful when you're about to hire a lawyer and make sure after speaking to their references and performing a search online to see what kind of experiences former clients are writing about, that you make this very important decision carefully and fully informed.

If you'd like help finding a qualified lawyer in Riverside County, please call us at 951.682.1015 to talk to our friendly, trained staff.

Tuesday, June 18, 2013

I've been charged with a crime but don't think I can hire a lawyer. What do I do?

I've been charged with a crime but don't think I can hire a lawyer. What do I do?

In criminal matters in the United States, you have a constitutional right to a lawyer. In the Miranda Rights that you hear police on TV saying to people they're arresting, you'll always hear the sentence, "if you cannot afford an attorney, one will be appointed to you."

What this means is that if it's determined that you don't have the financial resources to pay for an attorney, the Public Defender's office will appoint one of their attorneys to your case.

Is this lawyer good? What if I'm unhappy with my public defender?

There's no requirement that you keep your public defender, but your other options may be to represent yourself or to borrow money to hire an outside lawyer.

Maybe the Public Defender's office has a process for getting assigned a new attorney from within the office but you'll need to speak with them directly about that.

If you think hiring an outside lawyer may be what's necessary to get for you the result you deserve, then it may be beneficial for you to speak with a qualified criminal defense lawyer to get a second opinion. If your criminal matter is in Riverside County and you'd like to speak with a criminal defense lawyer about your case, please contact the Riverside County Lawyer Referral Service. http://riversidelrs.org/

Friday, June 7, 2013

Should you consult with more than one lawyer before you hire one?

Should you consult with more than one lawyer before you hire one?

I short, yes you should,.

Hiring a lawyer is one of the most important decisions you're likely to make in your adult life and should not be taken lightly or made impulsively. Thew right lawyer can make a big difference in the outcome of your legal matter.

Even if you like the first lawyer you meet with, he or she may not have the experience or success record to carry through your case to the resolution you deserve. If the lawyer has a lot of experience in your particular type of case and can show real results for similar types of cases, then maybe this lawyer could be right for you.

Another factor to consider is whether there is a good personality fit between you and the attorney. If you have a complicated matter like a divorce or personal injury matter, those cases can sometimes take a long time and require a lot of interaction between you and the attorney. In that case, you'll want to select someone who not only has the experience and success record ijn your particular type of case, but the kind of personality and temperament that you can work with ion a regular basis.

Finally, fees may be a consideration because lawyers can vary considerably when it comes to how much they'll charge you for their services.

If you need a referral to one ore more qualified lawyers and your legal matter is in Riverside County, please contact us. We look forward to hearing from you. http://riversidelrs.org/

Tuesday, May 28, 2013

Who gets the kids? You both do.

Child custody is often the most painful part of a divorce and nothing in this post should be taken as considering this issue lightly. In California, the standard applied by the family court is ”the best interest of the child.” And that can mean a lot of things and the context in which that is determined is both broad and complicated. There are probably as many variations on custody schedules and arrangements as there are types of families, and often what works in one situation may not work in another as every family has different needs at different times.  
There are more common custody schedules that we have all seen or run across: every other weekend, Fridays to Sundays, Fridays to Mondays, weeknight dinner visits, Wednesday overnights, school drop-offs so there’s no personal contact between the parents, one week on and one week off. Those are just a few of the custody arrangements out there for parents to consider, when talking about setting up a schedule of access for both parents. 

But parents aren’t limited to what they’ve seen other people choose or what they’ve previously read about or been told about by other people. There are many alternatives to the more traditional or common custody arrangements. Parents are being more and more creative and finding solutions that work for their family and their child(ren).  

Nesting, where the parents come and go on their visitation time into a shared household and stay with the kids to keep the disruptions to a minimum for the children, is growing in popularity but requires a delicate and considerate balance between the parents.  

Virtual visitation through Skype, videophones, Google chat or other online access points can allow parents more freedom to pursue more or better work opportunities or just pursue work (depending on the economic situation) and still maintain access to the child. It can also supplement actual access between parent and child. 

There’s also a right of first refusal that provides for a parent to have the option to care for the child if the other parent is unavailable during their custodial time. This is also something to be discussed and possibly negotiated between the parents. 

There is lots of room for creativity in the setting up of a custody and visitation schedule between parents who are focused on what’s actually best for their child(ren). Educate yourself, surf the internet, talk to other divorced parents and talk to a lawyer about your situation, your spouse, your kids and everybody’s needs. Consider everything and get good advice. We’re here to help you with that.  Call the Riverside LRS for a consult with a family lawyer who can help you wade through all the hard issues of divorce, especially custody.  Call us 8:30 a.m. to 4:30 p.m. M-F at (951) 682-7520.   

Wednesday, May 22, 2013

Drawing a line down the middle.



There are three options to end a marriage or domestic partnership in California. You can divorce, you can legally separate or you can seek an annulment. California is a no-fault state and that used to mean something when some states still required you to name a reason for the split.  But now no-fault is everywhere. In California, no-fault  means you check the box labeled irreconcilable differences. You don’t need to give or have a reason for the decision to end the marriage/partnership.  The processes are slightly different for marriage and domestic partnership but the basics we’ll talk about here are very similar.

Once you decide you want to end the legal relationship, you can do it without the other person’s agreement or consent.  Whether the legal action will be contested or uncontested will depend on the other person's outlook and goals. If you and the other person can agree on all the issues or mediate them between yourselves or with the help of a mediation professional, then you can proceed as an uncontested action which means the other person doesn’t file anything with the court to fight the case and you both sign a marital settlement agreement written either by you or both of you or by legal professionals to resolve all of the marital issues. 

A case can also be uncontested if the other person simply chooses not to fight or respond at all, in any way. Even if a case is uncontested, there are multiple forms that must be filed with the court, served on the other party and exchanged between the two of you.  It’s not impossible to do on your own, but it isn’t often easy.

A contested case is exactly what it sounds like. It will likely take longer and require much more work because the other party is filing response documents with the court, seeking different things than you are in your court filings. Often the kinds of things that are contested are the division of property (who gets what and how much of it), what counts as separate or community property (property acquired before or after the marriage), spousal support, child custody and child support. These are all big issues that deserve a fair amount of study and consideration before you make decisions or take a position in the legal case.  It is extremely important to talk to someone who can explain the relevant issues and law regarding your particular situation so you can decide the best course of action, for you.  

That’s what we’re here for at Riverside LRS--to get you in touch with a qualified legal professional who can discuss the specifics of your situation, your goals and your approach, so you can begin to make decisions you’re comfortable with when you’re ready.  We offer $40 half hour consultations through our program, more than one if you need a second or third opinion. Call us 8:30 a.m. to 4:30 p.m. M-F at (951) 682-7520.