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Monday, October 12, 2020

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney do You Really Need?         Do You Want to Win?       You Don't Care?

*People must care,  because about 2,609- 2,857   2,934-  4,101 people have read this post*

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?






Hiring an advocate (attorney litigator) is not the same as hiring collaborative attorneys. Also, mediating* a case with only one attorney means ...The mediator helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law in CA when there is no agreement.]


There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.

That is because there was a huge breach of fiduciary duty that has serious consequences to the guilty spouse. That should be done in court since the guilty spouse should have to pay for wrongdoing. (Of course if you are too afraid because your spouse might try and kill you then you better go get help right away.)


Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that. Plus, there are huge time barriers to trying to set aside any of this!

Fraud, Duress
Mistake, Coercion,
Failure to Exchange Declarations (Assets Debts)-or-
  when exchanged, i.e.--have false, misleading or improper numbers, values, dates..

When clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.  If you have a family law case where both of you AGREE on everything then you may not need separate attorneys, except perhaps to create a settlement agreement.
However if you actually never knew your legal rights and decided to just move ahead without knowing if what you were doing could harm you, that is dangerous. One caveat--beware the notion to eliminate spousal support in the future, NEVER give up that right. If you do, and you shack up with someone down the line, the other side has ability, potentially, to eliminate your support.... I can't say more re this topic because it is more complicated than it appears. Just BEWARE!! You should consult an attorney before making any key decisions.

HOWEVER, the vast majority of most divorces and break ups, are because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
What to do with spouse that is either dangerous, aggressive, drinks too much
How to get out of supervised visits?? You have an ex spouse also?
Your spouse is bipolar and can't be controlled?

Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who is or was a mediator, --- in other words, the attorney is not acting as a litigator for the client?





If you are entitled to something, why would you pay someone to settle a case 
when you could have settled it without help????   

Collaborative law and mediation means if you don't settle the case
 using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!

While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have -- is a problem.

              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and which makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children.

Basically, in mediation there is no advocate for YOU.
In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.
The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated.

You don't have to believe attorney, look at one of my other sites for example, where it is stated in plain English, by the mediator--  that making the decisions with a mediator is not the fault of the mediator, and the mediator is quoted... (and quite frankly,the mediator does state the truth)

                        "The role of the mediator is to assist the participants reach an agreement. 
 It is not the mediator's role to give legal advice or to assure
 that the agreement is fair or equitable to either party.  
There may well be unintended consequences resulting in one or more
 of the participants suffering "buyers remorse", but they made the decision
  to accept the terms  and entered into the agreement, not the mediator..."

 Note--again, the "mediation" we are speaking of, is NOT the family law mediation process that the COURTS do, for contested custody.

       Private mediation means both parties choose to use one mediator to arrive at some agreement, and because a mediator does not dispense legal advice the way a legal advocate would do--as in actual litigation--where each party is represented by their own separate attorney-- the "mediator" himself or herself--- is only assisting both parties to REACH an agreement.
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***  Carefully NOTE-- the mediator does not need to assure   either party that the agreement is fair or equitable to either party. 

(Supposedly because that isn't the mediator's "role".....)


 LOL-- that's fine if you don't care what you are getting,
 or you don't know your rights and you don't care about
about that either??


 Unfortunately---if you do this and  "then" realize you lost out on something
 because you did NOT know your rights at all---then guess what???

 You are in trouble, most likely.
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*** I  can almost guarantee that this  blog has more information in Northern CA on issues that arise, than the majority of  family law websites. Some attorneys do explain the laws, yes.   Attorney herein,  typically will write, argue, and inform... and help people, the purpose of the writing is to hopefully enlighten--so that you can make better decisions. Many attorneys are afraid to talk about winning and losing cases because some type of opinion could be involved, however, every client always has their own opinions, and those usually need to be understood first?
                      
NOTE: all of our content is original, if we have mentioned a subject from another site, research info or similar, we will include a link. We have no need to use other people's content and claim it is ours. In animal law we may occasionally quote, due to the specificity of the data,but there will usually be a link also.
There is one family law attorney site down in So Cal which is fantastic, and according to their site, they usually win their cases. However. what I noted from the site, previously, is that they do not take certain types of cases, including Domestic violence or Restraining Orders. They may have changed that presently though.....They appear to represent well to do clients with cases that end up winning, and they are not afraid to give the summary of why, how, when?


    All people reading and browsing should use their own diligence to obtain correct information and for checking laws, we would use findlaw.com.  If you do not have money to spend for an attorney and have been married a long time, or over 10 years, or have special needs kids, or have been abused, do NOT simply ignore the law and give your other half whatever he/she says to do. Consult an attorney to make sure you are not being screwed over and taken advantage of !!            


.... ----->>>----->>>>> and last but not least, another review from another gal that needed help and direction... The BIGGEST COMPLIMENT EVER....... Tina Taylor's Review of Attorney Chan from 2018 ....
"I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work."

My attorney in Lassen County did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.

Oviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, due to the county where it took place, she actually talked with me..

Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.
Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect! Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being... --------------------------------------------------------------------------------------

Attorney posts this above---because: (a) it is true (b) things like this situation are more common than people realize (c) Lassen County is definitely corrupt

(d) attorney herein has experience in family law, civil cases, criminal defense, bankruptcy, animal law, and probably a little more.....and even if attorney does not know the answer (which happens at times)-- attorney is always willing to try and find out the answer.... (e) attorney believes that all clients appreciate it when attorney treats them like people, just normal everyday people, with common courtesy


(f) attorney believes that many clients are not treated very well by many attorneys generally (g) attorney believes that law school does not prepare attorneys to handle people at all, and that many attorneys simply believe they are too 'high' on the chain, and must talk down to people (h) attorney doesn't believe that winning is everything in all cases, but for many of the cases, it is crucial. Therefore my goal is to usually win.

Last but not least, attorney has been involved in animal law cases and related issues, and has what would be considered a very high degree of knowledge in animal law issues, including breed specific legislation, dangerous dogs, personal injuries involving dogs/animals, negligence involving animals, animal control/animals, seizures, illegal seizures, humane society groups, fraud by alleged "humane" non profits [good,bad,sued or fake], lawsuits involving animal control/animals/owners, replevin or writ of possession, abandonment/fines, rescue animals/groups [bona fide/not] issues of rational basis/health/welfare/safety, improper application of the BCS method used to convict owners, constitutional law published cases on First Amendment involving animals; issues involving service animals, therapy and emotional assist animals, vet negligence, animal abuse (or claimed abuse), penalties for alleged abuse or convictions, and more.