Looking for a Lawyer - some pitfalls to avoid

If you need to hire a lawyer, look for someone with legal experience, reasonable personality and responsiveness to your needs.

The law is a popular second career. Don't assume that every middle aged lawyer has been a lawyer for decades. I have more than 14 years of experience as a lawyer, and have several more years reviewing contracts, researching legal issues and working with attorneys, in a variety of practice areas. This gives me the background and perspective to assess your legal needs. Many times, an experienced lawyer can provide a quick and simple solution or strategy, when a new attorney, though less expensive on an hourly basis, may spend several hours finding an answer.

I believe that it's also important that a lawyer understands what the client is going through. There are many good attorneys who have never been a party to litigation of any type. While that's fortunate for them, I don't believe that they appreciate their clients' needs as well as those of us who have - unfortunately -had the need to hire an attorney. Being a client gives attorneys new insight, and greater appreciation, for the stress and fear that a lawsuit or legal problem creates.

One attorney advertises on television, "I'm not here to be your friend, When you want aggressive legal representation, call the _________ Law Firm." I am glad that many of my clients call me "friend" long after the litigation is done. I am blessed by clients who refer their family and friends to my office and continue to consider me their attorney long after the final judgment is entered. Some of my colleagues are not so inclined.

Attorney Sarah C H Phillips says: "Aggressive behaviors run up legal fees, destroy any real chance of cooperation between parents, and leave children as the victims of litigation . . . Unfortunately I do still encounter lawyers who seem to believe that aggressive behaviours are what is expected of them. It's never helpful to have your client crying on the phone because of the latest obnoxious letter from the other side that does nothing to progress the case and everything to alienate the parties from each other further."

A great article on Aggressive Lawyers can be found here: http://benchandbarllc.com/aggressivelawyer/?goback=%2Egde_96041_member_244083492

I like the line: Good Lawyers Don't just "Try" cases; Good Lawyers Try to "Resolve" cases. 

Most important in Resolving Cases is responding in communication. When a client calls, or when an attorney calls, an answer should be forthcoming. I like to answer my own phone. I do not screen calls. My staff answers if I am in conference or on the other line, but never because "so and so" is calling!

When you need to talk, call me at 407-645-3297. You can also send an email to aubrey@aubreylaw.com or visit my website at www.aubreylaw.com
I look forward to hearing from you! Aubrey

Cutthroat Legal Practice

When I hear of a "Cutthroat Attorney," I wonder, "who asked for that?" Admission to the Florida Bar requires an Oath, which states in part, "I will abstain from all offensive personality . . . unless required by the justice of the cause with which I am charged." Its possible you have heard stories of lawyers who need to review this oath again, perhaps daily.

Why people in court would want "the meanest, nastiest attorney they can find" escapes me. If you are known by the company you keep, well, lets just say, I prefer to keep company with the very best people around.

I have known attorneys who were easy to work with, and I have known lawyers who could not agree the sky is blue. Those who are easy to work with, I routinely mention to clients I am unable to assist. Attorneys who cannot agree on anything, I trust can survive without my assistance.

The meanest, nastiest attorneys tend to drive up litigation costs without significant benefit to their clients, while those attorneys who work with the other side and try to resolve conflicts tend to help their clients through the litigation process. We have all heard stories of divorces costing more than 20 or 30 THOUSAND dollars. I truly believe "Who wins" is NOT really as important as "If or Where" your children attend college.

Attorneys who know how to work with opposing counsel tend to achieve better results overall whether through settlement or in trial, in my humble opinion. Some of the most aggressive litigators in the Orlando area have been the easiest to work with when their clients have modest means. That is to say, even the nastiest attorneys can agree when they are not being paid well. I find this disappointing. If the client's goals are reasonable, why should the litigation change based on the attorney's paycheck?

Perhaps I am being obtuse. I think a fair price for an honest days work should be everyone's goal.

If you need an attorney, call me. 407-645-3297 or visit my website at www.aubreylaw.com

Collaborative Law in Orlando and Winter Park

July 15 and 16, I attended the Interdisciplinary Collaborative Law Training at the University of Florida Levin College of Law. While I relish any opportunity to return to law school, this trip was particularly helpful. Co-Sponsored by the Institute for Dispute Resolution and the Center on Children and Families, the Gainesville Collaborative Divorce team spent two full days reviewing the Who, what, when and where, as well as the hows and whys of Collaborative Divorce.

For almost 12 years as an attorney, I have always tried to work in a cooperative way with other lawyers. I find little is solved by acrimonious debate as harsh litigation tends to prolong litigation and impoverish the parties more than solve the issue at hand. While I have always tried to be cooperative, I have never been "officially" trained as a "Collaborative Attorney."

Not anymore. There are new tools in the shed. There are many more choices when considering divorce. Ask yourself, what is best for my family?

In law school at the University of Florida, Dean Richard Matasar stressed the collaborative process as a way to make the practice of law more fulfilling to attorneys. Many of us got into this practice because we want to help people; unfortunately, for many people, divorce is the most disagreeable practice in law. Dean Matasar taught many of his students that you don't have to be disagreeable when your opinion differs from the other side of the courtroom. Following his example, I have always tried to work with opposing counsel in a cooperative manner. Since completing the training program this summer, I am now officially trained in Collaborative Law practice.

I look forward to offering this new service in Collaborative Law in Divorce cases, as well as Guardianship cases. The Collaborative Process allows the parties to work out their issues with a trained professional, usually a Mental Health Counselor, a financial professional trained in divorce accounting and valuation, a mediator if necessary and two collaboratively trained attorneys, rather than litigating and leaving ultimate decisions to the Judge.

While the above listing of professionals involved may sound expensive at first blush, most participants in a collaborative divorce will agree that the process itself is more healing and conducive to protecting the parent to parent relationships necessary when children are involved. Also, in a litigated divorce, most professionals (Valuation, Accounting and Mental Health) will be duplicated as each side employs their own "hired guns" to best present their case. The Experts hired by each side will inevitably argue and reinforce their own opinions rather than working with all parties to facilitate a mutually beneficial result.

Collaborative Law may not be for everyone, but for many families with children, the process allows the parents to work out the best interests for their children rather than leaving it all up to the judge.

If you have questions, call me at 407-645-3297, or send an email to: aubrey@aubreylaw.com

I look forward to hearing from you.

Ring That Bell

There are many ways to ring a bell. The large Wheel in the background is attached to a one-inch rope passing from the steeple of the First Baptist Church in America to the Music Director's office. Pulling the rope rotates the bell to strike the large "ball clapper." In this manner the bell rotates and the clapper is relatively stationary. The use of a one inch rope, indicates the weight of the bell and the potential momentum imparted to the person pulling on the rope.

The steeple also has a clock. The clock has a mechanism to ring the bell on the hour and 1/2 hour by use of the "hammer or "alternate clapper." The clock mechanism can't produce the force necessary to move the entire bell, thus the use of a much lighter hammer.

The hammer also attaches to a much smaller rope passing from the steeple to the interior of the church. Pulling the much smaller rope rings the bell, but the bell remains relatively stationary.

All this to say there are many ways to ring a bell.

There are also many ways to pursue your legal rememdy. Choosing an attorney who understands the differences between Litigation and Mediation, between Fighting it Out and Working it Out, can mean the difference between years of litigation and moving on with your life.