Gratitude

Thanksgiving.  A time to reflect and give thanks.  This can be difficult to do if you are reading on this website and think you may need a lawyer or to represent yourself in a legal matter or court case.  But no matter how bad it seems, follow the directions of the song and “count your blessings instead of sheep,” and invoke the positive law of attraction.

The great Roman author, orator, & politician Cicero said, “Gratitude is not only the greatest of virtues, but the parent of all the others.”

So during this season of celebrating Thanksgiving, remember to make good kharma – what goes around comes around, you reap what you sow, etc.

Beware the opposing party

I just blogged on my firm’s family law blog on “Crazy making behavior.”  It really applies in any case where emotions are involved, which, unfortunately is most legal cases people are involved in.  Especially when you are representing yourself, you have to fight to maintain your objectivity and see your case from every possible side to be sure that you can be effective as your own lawyer.

Good explanation of the difference between full service representation and limited scope representation

A colleague of mine just directed me to a “competitors” website that explains the difference between “Full Service” legal representation and “Limited Scope” legal representation.  I think these explanations are helpful as consumers of legal services and individuals accessing the legal system consider the options they have to get the help they need, whether it is full service legal representation or simply assistance in self-representation.

Free Legal Clinic October 25, 2011, 6:00 – 8:30 p.m.

UVU’S LEGAL STUDIES PROGRAM TO SPONSOR FREE LEGAL CLINIC

Updated Utah Marriage & Divorce Laws resource

I just found that Steve Averett, a lawyer and law librarian at BYU’s law school (J. Reuben Clark Law School)  has updated his 2008 Utah Marriage and Divorce Laws digital manual, which is available here.

Steve has always been interested in Utah family law, and very interested in lawyers providing limited scope/unbundled services to the public, making legal services more accessible to the public.  Thanks Steve!

Get Real

You have gotten educated, gotten prepared and gotten objective.  Using the education you have obtained and preparation you have done with the objectivity you have sought, set real expectations. Do you really think it will only take a month to solve your matter? Do you really thing that the opposing party will simply roll over because your case is so good?  Do you really believe that the judge and/or jury will give you everything you are asking for during the whole case?  Now you have to get real.

Get real.  Make sure as you have sought objective advice and counsel that you have also asked what you can reasonably expect as far as timelines (How long things will take? What are the expected delays in the process?), outcomes (What, if any, middle ground will likely be the outcome of your case?  What are the best/worst outcomes of my matter?), behavior of the other party (What tricks and/or offensive things will the opposing party or attorney do?), control (Who controls what in a case?), and court action (What breaks will the judge give you or the other side?)

A seasoned lawyer taught me early in my career: The wheels of justice grind slowly, but very finely.

Get Objective

One of the benefits of a good lawyer is that the lawyer will maintain their objectivity.  So, if you are thinking of representing yourself in any capacity, you must keep yourself as objective as possible.  Consulting with a lawyer is a good way to maintain objectivity.  Visiting with a skilled mental health professional may be a good way to get objectivity.  make sure you look for the professional who doesn’t just tell you what you want to hear.  Look for the professional who can articulate sound analysis of your facts and how those facts will be viewed by others and applied to the law.  Look for the professional who will tell you objectively what the impact will be for the various choices you have in front of you to choose from.

Being objective does NOT mean that you are not passionate about your case.  What it does mean is that you see your case in the same light that most reasonable people who are legally trained will see it; hopefully, the way the judge will see it.

Get Prepared

While reading about how to provide an excellent client experience, after getting educated, the next step is to Get Prepared.

To get prepared means that you need to prepare to for what will happen, for what might happen, for the opposition, for the opposing party, and for the people on the other side of the transaction.  In short, you need to get prepared for everything.  Find out what you should expect so that you can get prepared.  Oft times we rush into our case that we lose sight of what we should expect to happen, how long it will take and the risks of not knowing the likely outcomes a few steps ahead.

Get Educated

Today I was reading about how to give better client service, better yet, how to provide an excellent client experience. One key to providing an excellent client experience is to be sure that I as the lawyer make sure that I educate my client.

I’ll never forget meeting with a medical doctor while my wife and I were in law school and him asking what we were studying. We responded that we were in law school, and he said, “So you will obtain what degree?” We responded that we would receive J.D.s. “And that stands for . . . ?” he asked. “Juris Doctor,” we replied. “Yes,” he said, “doctors. A doctor is another way of saying ‘teacher.’ Never forget that you will always be teachers.”

So, what does this have to do with self-representation, limited scope or unbundled legal services? As participants in the legal system, we come to the legal system with preconceived notions about everything on this list; we may know nothing about any of these things, but we still have perceptions before we even enter the legal system. We approach the legal system (that we are about to participate in) with biases. But biases are often not reality. Usually we think our situation is unique or, on the other hand, that the situation is so common that what we should do or the legal solution is obvious. Not so.

If you are thinking of representing yourself in any capacity, or even as a client represented by a lawyer, you must get yourself educated. You can and should educate yourself by doing lots of research and study. If you are going to represent yourself in part or in whole you can also pay a lawyer to educate you in whole or in part through legal consultation or legal coaching.

As you educate yourself, demand from yourself, and from your lawyer, that you become educated on: the legal process; the law and how it impacts your matter and issues; the legal system; your situation (facts/factpattern); and, what you can and cannot control. Educate yourself on what the financial, emotional, mental health, and time costs will really be. Educate yourself on how long a case really takes to get through the legal system.  Somewhere in the middle of this legal education, stop and ask yourself what your true goals, interests, values and expectations are, and if this process will serve them.

Keep this one rule in mind: You make better decisions when you are fully informed. Get Educated.

Do your research to be involved in your own matter

This should go without saying, but when you believe you are going to need to get legal help, do your research.  What kind of research?

First, learn a little about what kind of legal services you think you need.  You may be able to get what you need for free or relatively inexpensively from legal websites like LegalZoom, uslegalforms.com, LEGALDOCS.com or LAWDEPOT.com.   One good site for information is Findlaw.com, which which has sections on Learning About the Law, Find a Lawyer, Findlaw Answers, and Legal Forms (directs you to LegalZoom).  You should note that LegalZoom and these other sites, as well as this and other legal blogs or law firm websites, will contain disclaimers such as,

“The information provided in this site is not legal advice, but general information on legal issues commonly encountered.  LegalZoom is not a law firm and is not a substitute for an attorney or law firm.  Communications between you and LegalZoom are protected by our Privacy Policy, but are not protected by the attorney-client privilege or work product doctrine. LegalZoom cannot provide legal advice and can only provide self-help services at your specific direction”

and Terms of Use, as well as recommend that you consult an attorney to review and approve your documents.

It may seem strange for a practicing attorney to recommend the use of free or inexpensive legal information.  However, given the choice, I would much rather spend my days advising clients helping themselves and/or representing clients that are informed.  Many clients are much more satisfied the legal services they receive and their involvement in the legal system when they are more involved and bear at least some of ther responsibility for their own legal matters.