I can feel a person donning his or her armor though I'm not sure if it's
against the other spouse or their own attorney. Happily we can tell them it
isn't so if they pick the right process....this sounds a like a good list to
send to people looking for something else and enclose a material on
collaboration and mediation. :)
ANNA-MARIA PITTELLA
ATTORNEY/COLLABORATIVE FAMILY PRACTITIONER/ACCREDITED MEDIATOR
Representing you in transitions relating to divorce, separation or other
family matters, real estate, social security disability, small business
disputes and estate planning
55 No. Bridge Ave. Ste 1, Red Bank NJ 07701
Ph. (732) 842-6939 Fax (732) 842-6775
Other locations: Wall Township & Toms River
Please visit my website at www.Pittellalaw.com
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of carl Michael rossi
Sent: Wednesday, January 05, 2011 10:33 AM
To: CollabLaw@xxxxxxxxxxxxxxx; cppil@xxxxxxxxxxxxxxx
Subject: [CollabLaw] you are ALONE and I am IN CHARGE...
That's what I make of this set of 'tips' for clients about their
relationship with their divorce lawyer that I came upon on the web. I'm not
using any links because I'm not interested in bashing litigation, ever. And
certainly don't wish to disparage this attorney. The site does not suggest
that they do anything other than litigation, and In a litigated case, I
might well agree with these tips. [that is, back when I did litigation at
all]
Yet I found the tips a sad reminder. I could spend the rest of the day doing
interlinear comments, but maybe they're too obvious....
AND I wonder what a set of six tips for working with your COLLABORATIVE
lawyer might be??? Thoughts?
If you've never been through a divorce before, or never had reason to seek
legal counsel in some other matter, then you probably are in the dark on
what to expect with your new, intense relationship with your family law
attorney. Here are a few pointers to help guide you.
Tip #1 - Your attorney is not your best "go to" friend. First and foremost,
the attorney-client relationship is born of necessity and there is
definitely difficult work to be done. You will be sharing information with
your divorce attorney that you probably never expected to share with anyone,
ever. You will be discussing matters of a highly personal nature. Don't
confuse your attorney's genuine interest as your legal advocate with being
your best friend.
Tip #2 - Resist the temptation to talk. Resist the temptation to disclose
confidences to your friends about your case. It may feel like a release at
the time, but you may seriously undermine your case in doing so. Your
communications with your attorney are privileged and confidential. You
should not share those privileged communications with anyone else, and
certainly not with the opposing party.
Tip #3 - Your attorney is not your therapist. The end of a marriage is often
grieved over, as a real painful loss. If you feel the need to talk to
someone, to unload and release some pent-up emotion, consult with your
therapist. Family law cases can be intense, and you may need to decompress
and talk with someone about your feelings and troubles. When you choose to
unload during your sessions with your attorney, the attorney fees will go
up, a lot. When you meet with your attorney, try to stay focused and
reasoned. Attorney's typically bill by the hour, if you want to talk about
something irrelevant with your $350/hour attorney, then accept the
consequences of a very substantial bill at the end of the month.
Tip #4 - Make sure you understand your attorney's legal strategy. Your
attorney should have a fairly solid plan for your case. Legal strategies may
shift as your case develops, but your attorney should keep you apprised of
what is going on, and when, and why. There are a lot of procedural aspects
and details that your attorney will handle directly. However, you should
understand the strengths and weaknesses of your case. And your attorney
should provide you with a roadmap to navigate through what can be a very
lengthy, stressful, and confusing process.
Tip #5 - Do as your attorney tells you. If your attorney tells you to
complete a 15-page form with over 100 questions about your finances, and to
submit it to the law office within 30 days, then get the job done,
preferably early so your attorney can get to work on it. Don't procrastinate
and don't work half-heartedly. Be thorough, do as you are told, and turn it
over to your attorney. Don't make the law office ask repeatedly for the same
information before you take the matter seriously. Every time your attorney
has to follow up and contact you about delivering what you were already told
to deliver, you spend more in legal fees.
Tip #6 - Don't let your attorney leave you behind. Family law cases seem to
take forever to get through, and if there are minor children involved, child
custody and parenting time issues will likely go on long after the divorce
is final. If you feel your case is languishing, and progress is slow or even
nonexistent, speak with your attorney regarding your concerns. You may need
to adjust your expectations regarding the speed at which your case can be
resolved. However, if there are only more delays and no action, then
consider whether your attorney has become less enthusiastic about your case
for a reason. And if so, why? If the relationship has soured between you and
your attorney to the point where your case may be affected, then it may be
time to seek new counsel.
If you are considering filing for divorce in ___, or have legal issues
concerning property division, child custody, or alimony, our family law
attorneys have the experience you can rely on. From prenuptial agreements
through judgment modifications, you can put your trust in the Law Offices of
_____.
InJoy!
cMr
Collaborative Practice Chicago
Divorce Without Warfare
carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor
773-292-3456
<mailto:cMr@xxxxxxxxxxxxx> cMr@xxxxxxxxxxxxx
<http://www.cpchicago.net/> www.CPChicago.net
Executive Director, <http://cppillinois.com/> Collaborative Practice
Professionals of Illinois
