Friday, October 21, 2005

When there are children - try not to be destructive

What could be going through some people's heads? Some divorcing couples make a huge effort to destroy each other's lives. Sometimes they are successful. The end result is a child that loses a fully functional father or mother. The destroyed parent is left to mend their ruined financial or emotional life - no longer able to act as a normal parent.

Some people thing they scored a big win over the other spouse. The reality is a huge loss for the children.

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DivorceCustodyPropertyAlimonyChild Support - Misc

Sunday, October 16, 2005

Depositions - overused and potentially harmful

A deposition is a meeting where an attorney gets to ask someone questions - out of the ear shot of the judge. Everything you say is recorded by a reporter. The reporter produces a detailed, word for word transcript of everything you say. But the transcript can only be used for one thing: to challenge you in court if you say something different.

I see depositions overused. Nothing makes a lawyer look more like a lawyer than taking a deposition.

Nothing!

But I have found depositions conducted by the other side to be tremendously helpful to my client. During the deposition, every concern, every issue, and almost every potential question the opposing attorney has is put in the air - right in front of me. I love it when the opposing attorney takes a deposition. I leave with a detailed road map of everything I need to prepare for.


Diary of a Divorce Lawyer - The Divorce Center of Tampa Bay



Learn about:

DivorceCustodyPropertyAlimonyChild Support - Misc

Saturday, October 08, 2005

Arriving late is a strategy?

One thing I have noticed about many other lawyers, they are consistently late for mediations and depositions. There is no judge at a mediation or deposition. But the vast majority of lawyers magically arive on time for court hearings. That leads me to believe they are using some type of misguided strategy when they show up late. One of my clients suggested they are arriving late so the opposing party becomes nervious. My belief is that showing up late is a "shoot yourself in the foot" strategy. It punishes your own client and it can cause the opposing party to become more difficult.

Many years ago, I thought lawyers were some sort of mysterious gathering of wisdom. Now I see things as they really are. Like in the famous scene in the Wizard of OZ, you pull the curtain aside and you may not appreciate what you see.