First Podcast Episode

Hello everyone. I am pleased to announce the our very first podcast episode is available in the audio/video section of the website: http://www.thesuttonlawoffice.com/html_files/videos.html

I will quickly admit that it is not perfect but it's not bad for a first try.

Getting the Most Out of Your GAL: Working with a Guardian Ad Litem

In custody cases that are especially combative, it is common for a judge to appoint a Guardian Ad Litem (GAL).  The role of a Guardian Ad Litem is to assist the court in its determination of custody, visitation, and other issues related to the well-being of a child.  The GAL will conduct a thorough investigation of all relevant parts of a child’s life and make a recommendation to the judge regarding custody.  While the final decision regarding custody rests solely with the judge, almost all judges take the recommendations of a GAL very seriously.

Because the recommendation to the judge carries so much weight, it is very important to work with the GAL if one is appointed in your custody case.  Below are a few tips on how to work with a GAL in a positive and productive manner.   Please note that these tips are the opinion of the author based on his experience.  These are not ironclad rules and different attorneys may have different opinions on the subject.

The GAL is not the enemy.  It is very easy to begin with a negative opinion of the GAL.  After all, he or she is a stranger brought in to examine and evaluate you as a person and as a parent, and in the end to make a judgment about you.  However, this is not the whole picture.  The GAL’s goal is not to embarrass you or make you look bad and, unlike the opposing attorney, his or her goal is not to win the case or make you lose the case.  Every question the GAL asks and every activity he or she undertakes is focused on a single goal: to help the judge determine what is in the best interest of the child.  A good GAL will have a neutral approach to the case.  He or she does not have a personal or financial interest in who gets custody.  A good GAL wants to do a thorough job, gain a strong understanding of the big picture surrounding your child, and make a fair recommendation to the judge.

Treat the GAL as an asset.  With the above paragraph in mind, the GAL can be a great asset to you and your case.  The GAL has access to things you, your attorney, and even the judge does not have access to.  He or she has almost total freedom to interact with you, the other parent, the child, both attorneys, neighbors, teachers, counselors, and much more.  Because the rules of evidence limit admissibility of many things in court, the judge may not be able to hear from some witnesses, or read some documents.  The GAL is not so restricted in his or her investigation or in his or her report.  Of all of the professionals working in a custody case, the GAL is the most empowered to seek out the truth and figure out what is fair.  Assuming that you too want the judge to see the truth and make a fair ruling, the GAL becomes one of your best assets to ensure that the judge gets an accurate view of you, the other parent, your child, and your case in general. 

Be a resource for the GAL.  It is very important that you are open and forthright with the GAL.  There is nothing to gain by obstructing the GAL through non-cooperation.  The GAL will conduct and complete his or her investigation with or without your input and you want him or her to have your input - to know your side of what is going on.  The best way to make sure you are heard is to not only cooperate, but cooperate fully. Cooperate to such an extent that you become the regular resource of information for the GAL.  You want the GAL to know that he or she can count on you to provide reliable information when asked. It is even better if the GAL knows you not only provide information but also back up your information with documentation or other proof.  This builds a degree of trust between you and the GAL and will give the GAL confidence to go to you if problems come up during the case.

Be Honest. Speaking of trust, there is no quicker way to lose the trust of a GAL than to lie or mislead.  In custody cases it is very rare that one side is 100% in the right without any blemishes and the other side is 100% in the wrong.  If something happened that does not paint you in the best light it is a natural reaction to wish to be less than forthright about the incident.  However, lying about the incident will not help in the long run.  Most GAL’s are thorough.  If there are witnesses or documents or other proof that contradicts you, they will probably find it.  Also, remember that the GAL works with both parents. The other parent or attorney will happily point out any lie or fabrication that they can catch you in.  If the GAL loses trust on you, he or she will put very little weight in future responses from you.  He or she may even stop coming to you for information entirely.  Additionally, the GAL may make a note in his or her report about the lie, and remember this report goes directly to the judge.

If you disagree, do so respectfully.  A lot of this article focuses on the benefits of the GAL and his or her good qualities.  However, it is important to remember that the GAL is human and as such can get things wrong.   The GAL is not God.  Nor is he or she the end all and be all of issues regarding children.  When a GAL gets something wrong, it is ok to correct him or her.  In fact, it is very beneficial to do so.  After all, you do not want the GAL to base his or her final report on incorrect information.  It is also ok to have a different opinion than the GAL.  Part of the GAL’s job is to draw conclusions and make recommendations.  If you disagree, make it known.  However, whether you are correcting a factual error of the GAL or disagreeing with his or her conclusion, please do so respectfully.  While a good GAL will never let personal feelings about a parent get in the way of making the right choice, the GAL is human.  Tone, inflection, attitude, and even word choice can greatly affect an impression of you personally.  Disagreeing respectfully also shows the GAL that you have the tools to express yourself and resolve conflicts in a healthy manner.      

Work with your attorney.  Your attorney probably has experience with GAL’s.  Your attorney may have even worked with your particular GAL before.  It can be quite beneficial to rely on this experience and take your attorney’s advice seriously.  While most GAL’s who work in family law are outstanding individuals, not all GAL’s are equal in ability.  Your attorney will have the experience to recognize whether you were appointed great GAL, or a GAL that for one reason or another is lacking.  Your attorney will also know how to approach each situation in a way that is most beneficial for your case.   

New Article Soon

The revisions to the website are coming along nicely but with personally re-writing a lot of the content, managing the office, and working on my cases, I am again not giving this blog the attention it deserves.  However, I will soon have a new article ready for publication and this blog will get it before anyone else.  Do you want to learn how to best work with a Guardian Ad Litem? It's coming.

Revisions Coming

I continue to struggle to figure out exactly how I want to use this blog.  I am planning some big revisions to the website: www.thesuttonlawoffice.com and I think I want to better directly connect the website and the blog, perhaps using the blog as the interactive wing of the website.

New Divorce Options for the New Year

While I normally post these articles on my website before posting them here, today's article will probably not go up on www.thesuttonlawoffice.com until next week.  My web person is out of town.

New Divorce Options for the New Year

January 9, 2012

In our last article, we examined one alternative to the traditional divorce process: Pre-Divorce Mediation.  Today we take a look at a few other options worth your consideration if you face divorce in the future.  Before beginning however, please remember that these alternatives are not appropriate for every case and local court rules may modify or restrict what is available in your county.  With that in mind, below is a brief description of some of the most popular alternatives to the traditional divorce process.    

Uncontested Divorce.  We touched on this alternative in the previous article.  Uncontested Divorce is a streamlined version of the divorce process.  It is available to some spouses so long as they agree on all settlement terms and there are no issues that require the court’s intervention. These issues can include division of assets, division of debts, alimony, child custody, visitation, and child support.  In an Uncontested Divorce, an attorney will draft all of the required paperwork, including the settlement agreement, and file it with the court.  Often, the judge will let the attorney finalize the divorce process through the mail.  If this is allowed, neither spouse has to appear in court.  However, this rule can vary depending on your county and judge.  If the judge requires a court appearance, the hearing is usually very brief.  An Uncontested Divorce can be completed much faster than a traditional divorce with only a fraction of the legal costs.  The largest drawback to Uncontested Divorce is its limited availability. It is only available to spouses who completely agree on the terms of the divorce from the beginning.

Pre-Divorce Mediation.  Pre-Divorce Mediation was the subject of the previous article and will therefore not be discussed in detail here.  However, I feel it would remiss of me not to mention it given today’s subject.  Pre-Divorce Mediation is an option available to spouses who wish to file an Uncontested Divorce, but cannot agree on some issues.  The spouses meet with a mediator who helps them resolve their differences.  If agreement can be reached, the spouses may then file an Uncontested Divorce.

Collaborative Divorce.  Collaborative Divorce is an attempt to retain a structure similar to the divorce process while replacing the adversarial aspects with cooperation.  In a Collaborative Divorce, each spouse retains a specially trained collaborative attorney whose primary function is to settle the case out of court.  While the attorneys advocate for their respective clients and their interests, they each commit to work together and provide everything the spouses need to ensure the disputed issues are resolved in a way that is fair and beneficial to everyone.  The spouses and their attorneys can utilize several experts including financial analysts, parenting coordinators, and mediators.  What makes Collaborative Divorce especially unique is that in the event the case cannot settle, both spouses agree that they will seek new attorneys.  The collaborative attorneys will not litigate the case.  In a traditional divorce, even the most cooperative and negotiation oriented attorney has a duty to prepare to “win” the case at trial.  By removing even the possibility of trial from the attorneys, they are allowed to devote their time and energy exclusively to negotiating an out-of-court resolution.

Do It Yourself Divorce.  Also referred to as Limited Representation Divorce, Do It Yourself Divorce (DIYD) attempts to empower spouses to handle the divorce process themselves while providing knowledge and guidance from an experienced divorce attorney.  The DIYD process usually begins with an educational workshop or meeting.  A divorce attorney walks everyone through the typical divorce process, explaining each step and the general legal requirements spouses need to know.  The attorney will answer questions but, because no attorney-client relationship is created by the workshop, he or she may not provide specific legal advice.  The workshop attendants can then take their new knowledge and file for divorce on their own.  If they are uncomfortable tackling the process completely on their own but cannot afford an attorney, they may hire the DIYD attorney to help them with specific aspects of the divorce.  For example, they may want an attorney to draft the child support worksheets or parenting plan because these documents have specific legal requirements.  The attorney does not represent the client in the traditional sense, but the spouse does gain the benefit of professionally drafted paperwork.  The spouse also saves a great deal of money by only paying for the specific service requested from the attorney.

Mediate to Stay Married.  Mediate to Stay Married is not an alternative divorce process but is instead an alternative to divorce all together.  It is exactly what the name implies.  Spouses experiencing marital difficulties meet with an experienced mediator who works with them to identify, negotiate, and resolve problems so as to avoid divorce altogether.  This process is not marriage counseling.  No therapy is provided.  The session is limited to mediated negotiation.  The mediator works with each spouse to identify points of contention, clarify interests and positions, facilitate effective communication, and develop a mediated agreement that addresses each spouse’s concerns.

Pre-Divorce Mediation

We are now officially caught up on the articles from www.thesuttonlawoffice.com

November 20, 2011

Divorce is very often an extremely difficult and costly experience to endure, which is why many people look for any way to avoid the traditional approach to divorce.  Many wish to save money by filing an uncontested divorce.  In an uncontested divorce the wife and husband agree on all of the terms of the divorce at the very beginning of the process.  One spouse then usually hires an attorney to draft the necessary paperwork and file everything with the court.  Legal fees for an uncontested divorce usually begin at around $500.  In contrast, most simple contested divorces start at about $5,000 per side and can increase quite exponentially.  Unfortunately because the wife and husband must agree on all issues from the beginning of the process, an uncontested divorce is not an option to many people.  If the parties disagree about a complex issues such as visitation or a simple issue such as who will retain which car, they are out of luck. The traditional approach to divorce dictates that they each retain their own attorney, pay thousands of dollars in fees, and fight in court.

 Pre-Divorce Mediation may be a viable alternative for people facing the above scenario.  Mediation is a process where a neutral third party informally meets with the wife and husband and attempts to help them reach a negotiated settlement.  The mediator does not make a decision for the parties but instead attempts to facilitate communication, clarify interests, and generally work to create an environment of cooperation and problem-solving.  Mediation has a very high success rate and is the only form of dispute resolution that empowers the parties to craft the type of conclusion that they know will work best for them.

Mediation is not a new concept in the realm of law or divorce.  Most divorcing parties attend mediation.  Many judges even require mediation.  However, most divorcing parties do not attempt mediation until after they begin the traditional combative divorce process.  Typically spouses spend thousands of dollars to retain attorneys and those attorneys then fight over the contentious issues.  They file answers and motion.  They request the production of all sorts of discovery documents and then fight if those documents are not provided to their satisfaction.  In most jurisdictions the judge does not order mediation until after the first temporary hearing.

Pre-Divorce Mediation is an attempt to eliminate the above and save the parties time, energy, and costs.  In Pre-Divorce Mediation, the wife and husband meet with a mediator before anything is filed with the court.  Some people prefer to have attorneys with them at the mediation but others do not.  The Pre-Divorce Mediation session is similar to typical mediation sessions.  The mediator works to help the parties resolve their disputes through negotiation.  If the wife and husband reach a settlement, the mediator drafts an agreement which is then signed by both parties.  They can then take this agreement and other necessary information to an experienced attorney who can draft their legal paperwork and file the divorce uncontested. 

There are some things to keep in mind if you are considering Pre-Divorce Mediation.    It is important that you have a firm grasp of your financial situation and bring all important documentation with you to the mediation session.  If you do not have an attorney present it may be helpful to consult an attorney before the mediation, especially if you are unsure of your rights.  The mediator will not be able to provide legal advice at the mediation.  Finally, while a trained and experienced mediator can provide a lot of negotiating assistance even when people adamantly disagree, it is important that both parties are willing to at least attempt to negotiate in good faith.  If one spouse outright refuses to negotiate, mediation may not be helpful.

For most people, utilizing mediation at the beginning of the divorce process gives them the ability to turn what could have been a long and expensive process into a comparatively short and cost efficient experience.  If you would like to know more about Pre-Divorce Mediation and whether it is right for you please contact Adam Sutton at The Sutton Law Office.

Adam M Sutton

HP and Lexmark Toner to Go Up 19%

HP and Lexmark increasing printer toner costs up to 19%. Considering how much toner my small office runs through I am not very happy. I can only imagine the potential impact on larger law offices.

More at: http://www.primercom.com/Social_Media.html