Maryland Family Law

Would you hire a robot for your divorce?

This week, Slate has published a series about jobs that could be replaced by robots in the near future.  Clearly, this is a trend that has happened over decades, particularly in the manufacturing sector.  Now the trend may be encroaching more on professional and service-based occupations. 

Today's installment explored the possibility of legal services becoming more automated.  Robots are now being designed to have complicated processing abilities more similar to a human brain, and some are able to decipher and produce natural language.  For example, it was fascinating to watch Watson, IBM's robot battle Jeopardy! legends Ken Jennings and Brad Rutter. 

Also, increasing technology has been utilized in law firms, as in every other field.  It is possible to scan documents, use software to search terms, and to work from previously stored drafts.  Lawyers who have not embraced technology are not as competitive in the marketplace.  The bigger question is whether these technologies will lead to more price competition among attorneys.  It may be the attorneys will need to focus more on providing value to clients through advice and counsel, to distinguish themselves from being seen as simply document preparers. 

Staying safe in when the family is in crisis

This week, law.com reported on the occasional act of violence directed toward family law attorneys.  People going through divorce are stressed, and at times, underlying mental illness is a contributing factor to the breakdown of the marriage.  This article is a reminder that people in litigation need to be aware of their own needs, and seek professional help.  Your divorce attorney can likely provide you with information for counselors and therapists experienced in this area. 

When can your lawyer leave you?

Yesterday, Slate published an article about when an attorney can withdraw from a case.  When you hire an attorney, you are most likely envisioning that he or she will be with you until the day of your trial.  You may not pay much attention to the clause in the retainer agreement about the reasons your attorney may stop working on the matter or withdraw from the case.  Such clauses are common in retainer agreements, with the most common reasons for withdrawal being the client's lack of cooperation in the case and failure to make payments.  It is relatively common for clients to switch attorneys in family law cases, where emotions run high and it is important to find an attorney who is "in sync" with you.  Always try to resolve the issue with your attorney first, if possible. 

Advice on working with an attorney, from Elena Kagan

The Wall Street Journal Law Blog recently published excerpts from Supreme Court nominee Elena Kagan's remarks to West Point cadets in 2007.  During her speech, she noted the need for attorneys to use common sense and to look beyond statutes and case law.

"Don’t think that law is everything. Even when the lawyers clear something, it may not be the right thing to do. It may be unethical, even if it’s not illegal. Or it may be just plain dumb. I was amazed, when I worked in government, how often the legal question, once recognized, became the only question. That shouldn’t happen. It makes for bad policy. And frankly, it makes for bad law too, because when lawyers begin to think that they are effectively making the critical decisions, and not just advising on one aspect of them, they tend to stop thinking as lawyers - which, if the rule of law is to be maintained, someone has to do."

Keep this in mind when you are choosing an attorney to guide you.  For example, if you are deciding whether to buy out your spouse's interest the in the home, you need to also consider financial and practical issues, rather than just focusing on whether the judge would order it. You should consider hiring someone who will help you explore options from all angles.  

Free Lawyers for Everyone!

The Wall Street Journal law blog reported on a new law in California which provides a right to counsel in civil cases such as child custody cases.  My first thought of course was, how in the world would California of all places afford this given their woeful finances?  Next, I wondered which state would follow next.  Everyone well knows that an indigent (low-income) person who is arrested is entitled to a public defender representation.  Typically in civil cases, however, people of limited means are often without the funds to hire an attorney and there is a huge shortage of pro bono services and legal aid agencies to provide representation.  There are resources for people who meet qualifications, and you must act fast if you hope to find a pro bono attorney.  Do you think Maryland should provide attorneys to poor people for civil matters? If so, should there be a screening process for cases without merit?

Suing your lawyer

 

Bloomberg.com reported on a new lawsuit filed by Susan Stanford (the estranged wife of R. Allen Stanford) against her erstwhile attorney.  In her suit, she claims that her attorney did not tell her of a verbal settlement offer regarding her divorce.  She is seeking $200 million in damages.  (Yes, you read that correctly.)  If the allegations are true, then I would agree, her lawyer should have informed her about the offer.  Still I can't help but see a few other issues with the viability of the lawsuit.  For one thing, it is common for litigants to have "buyer's remorse."  After the fact, it is natural to start to wonder if you settled for too little, or that you should have taken the offer last proposed.  And finally, does the attorney even HAVE $200 million in assets?  Also relevant is the fact that most complaints about lawyers are unfounded...this is the backdrop by which a judge might look at any complaint.  One always has to keep in mind, sometimes winning your case is only half of the battle, now you have to actually collect that money...but that is a post for another day!

Why you may not want to publicly berate your attorney

If you are seeking contribution to your legal fees, you will need to prove that the amount sought was reasonable and necessary.  In other words, you will not receive an award for legal fees if your lawyer overbilled on the case or handled the case incompetantly.  If you make statements to that effect, you have just made the opposing party's case!  Sometimes discretion really is the better part of valor.  Tameka Raymond, also known as the current wife of R & B star Usher may find this out the hard way, as she posted on twitter that her lawyer was "horrible." 
Hat tip to Carolyn Elefant for her post at, Legal Blog watch. 

Tips on finding the right lawyer for you

There are many questions you should consider asking any attorney you are considering working with.  For example, will the attorney have the time to put into your case, and the necessary knowledge in the specific area of law? Is it important for your lawyer to be tech-savvy?  Some lawyers are generalists, others only practice in one or more specific areas of law.  See this post on attorneys trying to take every case, while some should be referred out.  If your case is complex, you should consider hiring an attorney with a lot of experience in that area.  Sometimes, clients want to know "how many" cases the attorney has won...but what does that really mean?  Getting a favorable settlement?  Winning a case after two years of litigating? 
You should also consider finding an attorney with professional connections to help resolve your matter.  For example, as a result of your settlement or judge's decision, you may need to sell your home, qualify for a mortgage, acquire/increase your insurance, or engage an accountant for tax help.  A knowledgeable attorney can help you find the right people to meet your goals.  Have other thoughts on "interviewing" an attorney?  Post below!

Finding the right lawyer for you

Today, an article on law.com addressed lawyer ratings systems and their usefullness to consumers.  Martindale-Hubbell and (its sister site lawyers.com) has long been the primary ratings system, but only list attorneys who have paid to be included, which many solos and small firms can't afford.  There is also a relatively newer system called Avvo, which uses client ratings.  In the ten states which Avvo covers (which does NOT include Maryland), attorneys can be listed whether they have "signed up" or not, however attorneys can add advertising material for a fee.  Are these companies providing helpful information for consumers?  My answer would be "Not much."  I have seen lawyers rated highly in the Martindale-Hubbell system who I would definitely not refer clients to, and there are many fine attorneys who are not listed simply because the fees are too high.  The most important considering in choosing a lawyer is whether you feel comfortable with the person's abilities and personality.  If you need an attorney, for first steps consider calling the bar association referral line in your jurisdiction, asking a friend for a referral, or asking an attorney you know...attorneys often know other attorneys in different jurisdictions and different practice areas.  For example, your cousin's  divorce attorney in California just may know the right bankruptcy attorney for you in New York!

Things to consider at the START of your case

Jeanne Hannah, a family law attorney in Michigan, has written an excellent article on getting ready for a divorce.  The article lists first steps to take, and gives advice in dealing with your attorney.