I recently overheard someone in a bookstore telling several people why they should not need their own attorneys, how they could not trust lawyers, how lawyers would cheat them and how they ought to rely upon the company the speaker belonged to instead. divorce lawyer Melbourne That conversation got me thinking about why people facing separation and divorce do not need to just any lawyer, but a good divorce lawyer.
Reason #1-What You need to know
You need to know your rights, duties and responsibilities beneath the law. Only a lawyer who has been retained to represent your interests can help you. How will you realistically discuss financial arrangements in separating and divorcing, unless you know what your rights, duties and responsibilities are? Not knowing what your rights are can result in not getting your fair share of assets, your fair share of support or your fair share of time with your children. Not knowing what your duties and responsibilities are can lead to your paying more than your fair share of assets or your fair share of support. Most attorneys provide a special reduced rate for consulting services to encourage people to get advice early and often. There is absolutely no reason to rely on backyard fence advice, when you can get real advice from the qualified experienced divorce lawyer for an acceptable fee. Furthermore, if you ask me, the backyard fence advice is normally wrong. Remember that if everything you hear is half true, it is still wrong.
Reason #2-Backyard Advice
My friend is divorced. Why can't I depend on my friend's experience and knowledge. Well, you can do that but what it is advisable to realize is that unless your friend is a licensed attorney, he/she isn't authorized to practice law. Your friend's knowledge will be limited by his/her particular experience. His/her experience with regulations is limited to the facts of his/her case and the law as it was at that time. Things change. The law changes. Any change in the reality will change the outcome or advice. Furthermore, changes in regulations changes the advice. Your friend simply lacks the knowledge and experience to give sound practical legal advice.
Reason #3-Identifying Issues
The sooner you get a lawyer, the sooner you will learn what you need to know to protect yourself (as well as your children and property interests). Sometimes people have no idea how to start identifying the issues they need to discuss, even if the separation is an amicable one and the parties anticipate a "friendly divorce." An excellent, experienced divorce lawyer can assist you in identifying the issues you must discuss with your spouse to achieve a comprehensive agreement and global settlement. Over the years there have been numerous occasions when we were able to emphasize clients areas they had initially overlooked and issues which should be contained in their settlement discussions, such as life insurance, medical health insurance, and children's educational needs.
Reason #4-To Share or Never to Share?
My spouse already comes with an attorney. Do I really need to get one too? Can't exactly the same lawyer represent us both? The solution is no, not necessarily. 30 years back when I first began practicing law, it had been strictly forbidden for a lawyer to represent both sides to a divorce, regardless of how "friendly" it was. There are a few limited circumstances in which dual representation may be allowed, provided there is full disclosure of potential conflicts of interest and a waiver of conflicts with informed consent by both parties. These situations are limited and when unhappy differences or disputes should arise, the attorney must end the representation and both parties must seek new counsel. Frankly, we rarely if ever consent to dual representation. We represent our clients zealously within the bounds of regulations and the conflicts in representing opposing sides are too apparent for us to agree to do so. Not only that, but if your spouse has a lawyer, that means that he/she has already sought legal advice and has some rudimentary understanding of his/her rights, duties and responsibilities under the law.
Someone once said knowledge is power. Can you rather function as one with the data (and the power) or the one without knowledge? How trusting can you be of your spouse or his/her attorney in the circumstances? Understand that your spouse's attorney already represents your partner. In our experience, spouses, especially those who are usually controlling will think nothing of misrepresenting regulations to get advantage in the negotiation. Recently a client told me that her husband who remains in the marital home informed her that she was now his "landlord" and therefore she could not re-enter the home without his consent and presence and that his lawyer said so. Needless to say, everything he told her was wrong. Her husband also told our client that they did not need to use lawyers and could reach an agreement by themselves without lawyers. He also said that if she insisted on having her attorney review paperwork before she signed it that he would find something to disagree with on each draft to drive up her costs. Clearly he was attempting to manipulate, intimidate and control his wife, who was simply wise to seek her very own independent counsel from the knowledgeable, experienced divorce attorney.
Business Name: Family lawyer Melbourne
Address: 453/585 Little Collins St, Melbourne VIC 3000, Australia
Website: http://www.lawyer2unow.com.au/
Phone Number: 0424823123
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