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Tuesday, July 16, 2019

Down to Earth..or, Talked Down to???...Average attorney or Better?..............

The one thing that many clients do not really like, is when attorneys talk down to clients...that kind of means, the attorney will be acting like a know it all, and let's face it, some attorneys ARE know it alls, right?  But do clients really enjoy that attitude?  Hmmmm....well...........maybe not so much in reality?  We aren't dealing with quantum physics or the IRS tax code in bankruptcy (unless you are dealing with that, then excuse me!)  For the majority of cases, we are not representing rock stars or the actresses/actors of Hollywood.  Trust me, those cases are in the National Enquirer.

And that is why sites like the Huffington Post are popular--they just spell out the laws in plain English so everyone pretty much can understand it?  What's wrong with that? In reality, there is nothing wrong with it at all.  Some of the best attorneys can simplify almost any of the statutory law so that nearly all clients will understand what they are working with?  Sometimes having a teaching background is helpful because most teachers will have a good deal of patience and will work hard to ensure clients understand the issues.  NOT understanding the issues is not a good position for the client.  Clients are entitled to be able to know and understand issues, especially if they are directly going to be affected adversely.


One of the worst things that an attorney can do is to not make the issues understandable--the client should know what he/she may be facing, even if the news is not so great. We all know that family law issues can be not-so-great!!! Seriously--some of the most difficult cases are the custody cases that seem to be endless-- right?  You really haven't lived until you have to tell your client that his or her kids are being taken from him or her.  It is not only devastating, it's also very hard on the kids to say the least.  Sometimes at the end of the day, you may just want to cry.  Seriously.

Sunday, July 14, 2019

..So...What About that Trial???

For some Reason, this post is very popular?
In family law, most cases will not require a trial. In some cases, certain issues may require a trial due to the inability to settle the issue.

The big questions usually are, will the trial actually gain you anything, and if so, for how long and would it be worth it if you don't win?  Depending on the circumstances of the case/issues, and how difficult the opposing party/or the attorney defending, will make an obvious difference.

There are calculated risks in any trial, even if you know you will win. If there is a bankruptcy involved, you should make sure to consult an attorney that knows bankruptcy ahead of time, not the week before the trial?

If there is a legal issue that is definitely on your side, great. Then why are you needing the trial-- is it because of a difficult attorney?  Is it because of a difficult client that doesn't care what it costs to go to trial?  Is it because the other side wants gratification to make you pay?  None of these things are unheard of, by any stretch. 

Image result for courtroom family law

While an issue involving a legal aspect of ongoing spousal is usually a bona fide issue, some issues should likely be worked out without need for judge to tell you what to do. A move away issue is more likely to require judge's experience than other issues.

Attorney has seen counsel drag in unknown witnesses from other states that no one even knows, and the client himself or herself is not even present? Further, attorney has seen judges ignore the statutory law and just make decisions based on
almost nothing (meaning, there is no real evidence) and judge just makes the call--for example, almost no judge is going to award custody to a perpetrator of domestic violence where a criminal protective order is in place, and where that criminal protective order has been broken many times? But we have seen this happen not once, twice, or more times........when it should realistically almost never happen.

We have seen valid restraining orders get dropped due to other reasons (meaning--the domestic or TRO is and was valid, but judge decided that some other issues were more important and that to get the other issues finalized, dropping the TRO was apparently easier or faster or both--??)

We have seen judge ignore valid testimony and only focus on certain witnesses. One must remember that attorneys sometimes inherit cases that have been done by pro per clients, so sometimes the record of the case has not been done properly; key facts may have been left out or ignored; judge may have ignored key issues like protective orders and violation of such orders; the prosecuting criminal court may have allowed a criminal to go free (even with very high bail), even with overwhelming proof of crimes?  When these types of cases get to trial, it's a crap shoot.   That means you may not win no matter how good your case actually is?  If you do not believe that, then you have not seen what actually transpires in other cases, since you would not be there to witness it?    It is attorney's opinion, that just  having a trial does not necessarily mean you will get what you want or deserve.  In a  number of cases you will not prevail, even if you are sure your evidence is the winning evidence.

Having a trial is not necessarily the destination you may really need or want, since there is a lot more to consider when deciding your options. Trials are often over rated for family law, as many family law litigants are not happy with their trial results. That is fairly typical in family law, when compared to criminal or civil cases which have much more stringent rules in general.

Tuesday, July 9, 2019

Who Can't Afford an Attorney? Most People........


Attorney has and does work hundreds of  unpaid hours on family law cases  and animal law related cases..and has volunteered countless hours working with groups against inherently bad legislation, unconstitutional regulations, and laws that stifle free trade and sales in general.



Despite a great deal of unpaid (pro bono) hours every year,  Attorney has never been awarded any legal fees by any court herein, even if a client requests such fees. 
Because the demand for affordable legal help is high, clients can often use help with their pleadings. If appropriate, attorney will recommend that clients use paralegal services which are overseen by an attorney. [Paralegals cannot represent clients in court..]

An attorney  may specifically work  only specified parts of cases-for example,  the custody  issues, or only certain mediation report   --   via a "Limited Scope" agreement, and if your Divorce-- or-- Paternity-- is not that difficult, you can often do most of it without excessive fees (especially in cases where there are NO spousal, pension, and commingled accounts, OR separate property contributions to community assets for example...)

The Butte County  SHARP  offices have all of the forms for nearly all divorce issues; if there is a complicated issue as to certain situations, you should consult an attorney possibly at the Legal Services of Northern California, which is based upon low income scale. You can also check the law library in Oroville for help.


The majority of cases that attorney works on involve disputed custody, visitation, supervised visitation,  domestic violence, contested domestic violence, repeat offenders of domestic violence, criminal protective orders and domestic violence;  and difficult or involved financial issues (usually illegal) within a marriage. Attorney has also worked for father's rights groups, and domestic violence groups.

Attorney usually suggests that clients visit the SHARP office or at least get the forms online just to read what must be done initially.

Sunday, July 7, 2019

Domestic Violence , Technology Abuse, evidence Issues

DOMESTIC VIOLENCE VICTIMS+SURVIVORS AND MEGAN'S LAW....and
Issues in Technology Abuse against Victims

https://static1.squarespace.com/static/51dc541ce4b03ebab8c5c88c/t/54e3d1b6e4b08500fcb455a0/1424216502058/NNEDV_Glimpse+From+the+Field+-+2014.pdf  (Abusers misusing technology; and see down below, for specific data)

https://www.meganslaw.ca.gov/Docs/Survivors_CA_Legal_Rights.pdf

https://www.cityofsacramento.org/Police/News-Alerts/Megans-Law

Registration as a sex offender under Penal Code 290 PC (known as the Sex Offender Registration Act) is, perhaps, one of the most devastating penalties you face if convicted of a California sex offense. ... Tier two requires registration as a sex offender for at least twenty (20) years.

Sex offender registration in California (SB 384 & the 3-tiered system)
https://www.womenslaw.org/about-abuse




*Attorney has access to experts in most technology
issues, including tracing, cell phone technology issues
and improper or illegal spying on cell phones, computers and the like. It should be noted that although attorney does file domestic violence TRO cases, attorney also defends people who are accused of DV. Some DV cases are valid but certainly not all of them...
        Attorney usually ends up representing the person being sued, but that's probably due to the fact that those who have to defend themselves from lies and misrepresentation will need a very strong defense attorney, and therefor seek out someone who is not afraid to fight for them.
=========================================
In a 2015 survey of victim service providers, 97 percent of programs reported that their clients experienced harassment, monitoring, and threats by abusers through the misuse of technology.    

Technology misuse can include tracking devices to monitor where you go (such as putting an app on your phone to track where your phone is); listening in on your conversations; monitoring your activity on your cell phone, tablet or computer; using technology to impersonate someone; and sending harassing or threatening messages via text, email, etc.