How useful is Google Wave? That depends.

Posted by admin on Oct 31st, 2009 | no comments

I received my invite for Google Wave from a friend on Twitter and I thought it was Christmas.  Google Wave is really an advanced instant messaging platform that allows collaboration.  I like to think of it as a free replacement for offices that can’t afford nor want to pay for Lotus.  Already I can see how it can be very useful.  It’s just a matter of time before it can replace Webex and conferencing software. 

I understand that Google Wave is great for tech companies and large corporations but I wonder how it can help me interact with my client’s in a legal setting.  For now the verdict is still out on that question but I believe that Google Wave is a revolutionary product from Google that has the power to go manistream just as Gmail did.

Popularity: 43% [?]

Dealing with the Children of the Marriage

Posted by Gabriel on Oct 29th, 2009 | no comments

Unless a divorce attorney keeps up with the changes in the law and the reasons for those changes, he cannot properly serve his client’s interests.  An example is the laws relating to the children of the marriage in the event of a divorce. For years, the courts approached the problem under the concepts of “custody and visitation.”   No more.  The sense was that “custody” was too one-sided a phrase that seemed to negate the role of the other parent and thus was to the detriment of the children. Similarly, the phrase “visitation” was too casual and almost demeaning of the role of the non-custodial parent.

So the law replaced those terms with what is referred to as “timesharing”.  Both parents are to have a significant role and significant responsibility in the minor children of the marriage. 

But this is not the only change.  Now the parents, after they resolve their timesharing roles, are obliged to submit to the court what is referred to as a “parenting plan.”

That means telling the court how they intend to share responsibilities under the timesharing plan and how they intend to deal with the many issues relating to their minor child.  In many ways, it’s a new world that everybody involved need to keep up with.

Popularity: 55% [?]

Hourly Legal Billing is Dying Fast

Posted by admin on Oct 28th, 2009 | no comments

There is no question that large law firms have taken a substantial hit. My friends at the white shoe law firms can testify to the fact that even corporate clients are looking at their bills in shock and are now refusing to pay these inflated rates. The biggest issue is that lawyers generally are more concerned with billing hours then fixing their client’s problems. I decided that my business would be different. That it made good business sense to bill fairly and be concerned about resolving the clients issues as efficiently as possible. In fact, whenever possible, I try and bill a flat rate for my services. Taking this approach, you can handle more client’s, increase client satisfaction and get more referrals from your now very satisfied clients. This approach aligns my goals with my client’s goals.

Too many lawyers have failed to balance the goals of the client with the expense. I have heard too many stories about legal battles costing thousands of dollars to the client who end up fighting over merely a few hundred dollars in a bank account. The client does this because of the lack of guidance from the attorney. They are not educated on the high cost of litigation and they are scared to talk to their lawyers about the costs of the process. When the billable hour dies so do these practices.

Popularity: 44% [?]

The Basic Issues of a Divorce and the Different Means of Resolution

Posted by Gabriel on Oct 8th, 2009 | no comments

Every divorce starts out with the need to resolve certain basic issues.

1. What will be included in what is termed “marital property” and how will it be divided?
2. Will there be alimony for one spouse and if so how much and for how long?
3. If there are children of the marriage under the age of 18, how will custody and visitation (now known as time sharing) rights be resolved?
4. In that same circumstance, will there be a provision for child support and if so, how much?

Obviously, these issues and some related ones can be resolved by the courts generally after protracted litigation. Unfortunately, in some instances such resolution in what is called contested litigation is simply unavoidable. However, even in contested litigation, there are means of lessening the cost and time frame of litigation. Thus, non-binding mediation or even binding arbitration may  provide resolution of all or at least key issues so that a settlement can be reached by the parties and presented to the court.

Optimally, the parties can attempt to resolve al issues without litigation in what is referred to as an uncontested divorce.  The terms agreed upon are then presented to the court which will invariably endorse those terms in granting a formal divorce.

Popularity: 68% [?]