The following case is from the Gibson Juvenile Court. The Mother and Father in the case were originally represented by the same attorney when they both had the same interest. The interest of the Father changed. The Mother's attorney then sited obvious conflict of interest regarding his representation of the Mother because he had previously consulted with both parties when they agreed on the issues. The Court should have granted a continuance to allow the Mother to seek new representation or represent herself. The complete case can be read here Gibson Juvenile Court Case.
Thursday, June 27, 2013
Wednesday, June 26, 2013
The Defense of Marriage Act Breaking News
Today, the United States issued a ruling in the case of United States v. Windsor that could have similar historical significance as cases like Roe v. Wade and Brown v. Board of Education. The Supreme Court held that The Defense of Marriage Act’s (DOMA) definition of “marriage” which is defined as “only a legal union between one man and one woman as husband and wife” to be unconstitutional under the Fifth Amendment of the Constitution. This is an obvious victory for the Gay and Lesbian Community; however, it is also a huge win for supporters of the Tenth Amendment. The Supreme Court, in a dramatic deviation from recent precedent, found same sex marriage to be a state issue, rather than a federal one. The Windsor case, in essence, has upheld the individual States’ right to define marriage as it and its residents see fit, without the overbearing eye of the federal government to intervene. The Supreme Court’s opinion provides a detailed history of the State’s authority over domestic relations and how the DOMA violates the due process rights of same sex couples. Regardless of what side you are on, this case will have lasting historical significance for future generations. The full opinion can be found here, http://www.kingplc.com/United%20States%20v.%20Windsor.pdf
Wednesday, June 12, 2013
6 Easy Rules for Working with Your Attorney
At King & King, we understand how stressful a legal battle can be, especially a divorce. You are angry, upset, and scared. People can do or say things while going through a divorce that normally they would not do. Here are some simple rules that will make the legal process easier for you and your attorney.
1. Be Polite
Your attorney understands the amount of stress you are under. Please, remember that your attorney and his or her staff are there to help you. Be civil and courteous. Try not to snap back, but take calming breaths and explain your frustration. Attorneys are people too and need respect.
2. Trust Your Attorney’s Knowledge
You hired your attorney for a reason. You respect the legal knowledge and experience that the attorney has collected. Family and friends may have gone through a divorce also. It is alright to ask them about their experience handling their divorce. However, keep in mind that every case is different and Judges are not the same. Just because your friend’s case worked out one way does not mean yours will work out the same. Trust the attorney you hired to know what the Judge is or is not looking for. The attorney knows what the Judge wants to see to prove your case.
3. Take Responsibility for Your Actions
The facts in your case took place before you ever met your attorney. If you are at fault for the end or your marriage, you will need to take responsibility for it. Most Judges appreciate this. They would rather you admit your mistakes.
4. Don’t Look for Punishment
The Court is not here to punish anyone. If your spouse wronged you, the Court is not going to unfairly punish him or her even if they were cheating. Find peace in the fact that justice will be done.
5. Payments
Attorneys are there to help you through a difficult time, but remember attorneys need to make a living too. When you sign a Legal Representation Agreement with an attorney, he or she is agreeing to represent you. In return, you are agreeing to pay your attorney for those services. Carefully look at the retainer fee ahead of time to make sure it is within your budget. If you get behind on your bills, talk to your attorney. He or she may be willing to work with you so you can make payment arrangements.
6. Ask Questions
Your attorney is only responsible for what he or she says. You are responsible for what you hear. If you don’t understand something, feel free to ask questions about it. Your attorney has no other way of knowing if you don’t understand something. Don’t wait until after settlement documents are signed and filed with the Court to tell your attorney that you didn’t understand what you were signing. It’s your attorney’s job to make sure you know what you are getting into, but unfortunately, we can’t read minds.
1. Be Polite
Your attorney understands the amount of stress you are under. Please, remember that your attorney and his or her staff are there to help you. Be civil and courteous. Try not to snap back, but take calming breaths and explain your frustration. Attorneys are people too and need respect.
2. Trust Your Attorney’s Knowledge
You hired your attorney for a reason. You respect the legal knowledge and experience that the attorney has collected. Family and friends may have gone through a divorce also. It is alright to ask them about their experience handling their divorce. However, keep in mind that every case is different and Judges are not the same. Just because your friend’s case worked out one way does not mean yours will work out the same. Trust the attorney you hired to know what the Judge is or is not looking for. The attorney knows what the Judge wants to see to prove your case.
3. Take Responsibility for Your Actions
The facts in your case took place before you ever met your attorney. If you are at fault for the end or your marriage, you will need to take responsibility for it. Most Judges appreciate this. They would rather you admit your mistakes.
4. Don’t Look for Punishment
The Court is not here to punish anyone. If your spouse wronged you, the Court is not going to unfairly punish him or her even if they were cheating. Find peace in the fact that justice will be done.
5. Payments
Attorneys are there to help you through a difficult time, but remember attorneys need to make a living too. When you sign a Legal Representation Agreement with an attorney, he or she is agreeing to represent you. In return, you are agreeing to pay your attorney for those services. Carefully look at the retainer fee ahead of time to make sure it is within your budget. If you get behind on your bills, talk to your attorney. He or she may be willing to work with you so you can make payment arrangements.
6. Ask Questions
Your attorney is only responsible for what he or she says. You are responsible for what you hear. If you don’t understand something, feel free to ask questions about it. Your attorney has no other way of knowing if you don’t understand something. Don’t wait until after settlement documents are signed and filed with the Court to tell your attorney that you didn’t understand what you were signing. It’s your attorney’s job to make sure you know what you are getting into, but unfortunately, we can’t read minds.
Wednesday, June 5, 2013
Lawyer Surplus
New research shows which corners of the country have the biggest oversupply of young lawyers. Law schools have acknowledged that they have been turning out more graduates with too few jobs. In 2011, schools were turning out two graduates for every one job.
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