What Does The Law Have To Do With It?

Do you believe your case will be resolved according to the laws in your state? Maybe, if you make it to trial. However, many cases settle without going to trial. What does that really mean? Quite possibly that you’ve just agreed to something that is completely unsupported by the law. News Flash: Attorneys don’t necessarily apply the law to the cases they handle. They can and will try to get their unreasonable clients any and everything that unreasonable client wants if the check is large enough.

It’s all about money. You can circumvent the law and get an entire slew of unreasonable consent orders if you have the money to finance the rail-roading of your opponent. If you want a better deal, many times you must go to trial. Of course, this blog refers strictly to civil cases. In criminal court, it’s a toss up. You may be blessed with an understanding opponent who really wants to give you a fair deal. If so, you’re very lucky!!

But if you’re low on funds, dealing with an EX who hates your guts and has deep pockets coupled with a silk stocking law firm (AKA Big Law), you can expect to be laying tracks and hammering nails on the nearest railroad. Yes, the Judge can save you. But, sometimes the Judge has lost his/her mind and now you’re really screwed. Just remember: The Law IS NOT based on the truth. It’s based on what you can get away with and which attorney brings his /her A game to the arena. Game on!!!

 

Lecture at Fordham Law School

Yes, I’m addicted. I drove hundreds of miles to attend a lecture at the Fordham Law School. The topic was “Journalism & the Law”. Wow, two of my favorite topics. The panel was comprised of many top TV journalist who also happen to be attorneys and legal correspondents. I was very interested. It started with a mixer (wine, soda, etc).

There was a book signing, interesting conversation about the Supreme Court and more interesting questions from the audience. I met several people and happened to sit right in front of a sharp-witted criminal defense attorney from Long Island. She was a firecracker. She lit into the panel with question after question. Really, she was upset about the disparity in news coverage given to poor black men. It does seem this demographic continually finds it’s way onto the nightly news.

I was appalled by the attitude of one of the panelist. He seemed to think the justice system treats everyone FAIRLY. He referenced his nearly 20 years of criminal law practice (claiming to only have had about 4-5 cases that turned out questionable) but had the audacity to preface his ill-guided comments with a reference to Project Innocence. Well, how fair can the system be based on that last reference? Clearly, it’s not always fair! Let’s ask someone in Dallas County, Texas how fair the system has been in the past to black men.

Ethics: The Legal Community

Ethics in the legal community? Is that the equivalent of looking for a needle in a hay stack? It’s nearly non-existent. I’ve run across naive individuals who claim to know “decent” attorneys. Well, today I found out an attorney I know personally has recently faced disbarment. It was painful for me to read that decision. Of course, my friend “the attorney” hasn’t come forward with this information yet. I found out because I’m overly obsessed with lawyers and their debauchery. So, I monitor the State Bar disciplinary decisions.

It’s amazing to read about all the poor behavior. You might think you know someone but you really do not. I also have a good friend who uses an attorney who previously failed to properly handle my case.  My friend swears by this guy but I know my experience with him was less than stellar. In fact, I should have sued him. I won’t let the opportunity pass again.

All this is to say, one rotten attorney in my life might be a star in your life. The best attorney is the one that’s interested in YOU and YOUR CASE. Period. One man’s trash is another man’s treasure. That saying holds true in the legal profession also. I will write many more blogs on this topic in the future. Stay tuned.

Supervised Visitation…The New Weapon

Child molestation was the “old weapon” used by a parent seeking full custody of their child(ren). But, now there’s a new weapon of choice. It’s called supervised visitation. If you have enough money and a savvy divorce attorney, you can have supervised visitation placed against practically any non-custodial parent.

How? Easy! Just hire a forensic child psychiatrist to make the recommendation to the Court. I’ve seen it happen over and over again. A greedy doctor testifies in court and the next thing you know….injustice is on overload. Many times the doctor will make the recommendation without interviewing or even contacting the party that will be affected. Afterall, the doctor doesn’t need to contact anyone…as long as the check clears.

Do some parents really need supervised visitation? I’m sure some do. But the real travesty of justice comes when this new and very powerful weapon is misused. We all know a few famous people who’ve been placed on supervised visitation lately. How about Britney Spears, Charlie Sheen and Mary Carol Winkler just to name a few. But you might be surprised to discover that supervised visitation is also being placed on perfectly valid parents who simply cannot afford to hire effective representation to defend against these greedy so-called expert witnesses. We’ll take a deeper look at this subject as time goes on.

No Sugar-Coating the Divorce Process

I read many blogs about divorce. Blog after blog of idealistic and unrealistic chatter. Most of them simply talk about the legal process as if it’s fair and everyone can expect to receive justice. Newsflash: THE LEGAL SYSTEM IS NOT A FAIR SYSTEM.

The Legal Whistler is based on the assumption that the legal system will not treat you fairly. It’s wishful thinking to believe your divorce attorney wants to see a speedy end to your suffering. The system is overworked and back-logged. You should expect the worst when dealing with anyone who is paid to help resolve your divorce. Do you think this view is a bit harsh?

Well, when you’ve been in court for 3-5 years and all your blind faith and retirement funds are gone, then come back and read my blog. You’ll learn something…..I promise. Soon there will be a new and very informative website to assist the public  and help them navigate the difficult waters of divorce. You can view the prototype by clicking the link below.

www.legalwhistler.com

Did You Hire the Wrong Divorce Attorney?

So what! What’s the worst that could happen? ALOT!! The wrong divorce attorney can ruin your case and ruin your life. It can lead to devastating results that you may never be able to repair. Let’s discuss some of the bad things that I’ve seen happen. 1) You could miss a very important filing deadline and that definitely will spell disaster 2) You could lose your home, your automobile, your insurance and many other assets 3) You may be forced into bankruptcy 4) Your health could be affected and stress levels can reach an all time high 5) but the very worst thing that could happen is the loss of access to your child(ren). If you didn’t have children, then you could face a life altering financial disaster that may take years to overcome.

Unfortunately, many divorce attorneys take the view “what can the client do for me”. It’s a myth to believe that the lawyer is always representing you. There are frequently 4 sides in any divorce case: the husband’s side, the wife’s side, the husband’s attorneys side and the wife’s attorneys side.  Attorneys are frequently involved in a case to protect their own best interests, mainly centering around their own financial welfare, and not necessarily the best interests of their clients. Keep reading and I will unfold the reality of family law and how to maneuver the system to your benefit.

Why Change the Attorney Referral System?

I couldn’t help but do something!! I never intended to be a trailblazer but I was just so frustrated during my divorce. People have asked me, “was the divorce really so bad”. No, the divorce wasn’t so bad it was my divorce attorney that nearly killed me. I’ll write more about my personal situation if asked. But make no mistakes, I created the Legal Whistler to help others avoid my plight and learn from my experience. It was not created to talk, endlessly, about my case.

I’m very passionate about the need for divorce reform. The first problem that needs fixing…how to hire a divorce lawyer. I’ve seen many people sink or swim based on this one decision alone. The lawyer can make or break your case. So, why is it so important. It’s important because divorce is at an all time high and many cases involve the all important custody battle. I’ve seen bad things happen because greed got in the way.

I’ve also seen the lack of effort shown by some government agencies whose jobs it is to “monitor” the ethical behavior of attorneys. In other words, the cat is away and the mouse will and is playing…to the detriment of the public. I will always feel safe knowing that lawyers police themselves. Well, not quite! 

What Is The Legal Whistler?

The Legal Whistler is here to transform the current attorney referral system in use today. It will answer the age old question, “How Do I Hire an Effective Divorce Attorney”? The current referral system blindly refers attorneys to the public without the benefit of needed background information such as ethical fortitude, standard billling practices or a look at past performance. Many people think it’s a good idea to ask another lawyer to make a referral. Wrong (9 out of 10 times)! Asking one attorney to refer you to another attorney is an ineffective method as well. Would a slave ask a slavemaster to refer him/her to another good slavemaster? No, it only makes sense for a slave to ask another slave for such a recommendation. Why such a harsh example, because hiring a divorce attorney is similar to entering into slavery. But I digress. The point is, we need a better way.

Attorney referral services  offer little choice and even less background information on the attorney being referred. Oftentimes, you will be offered only one attorney’s name and you can accept or deny their services but you do not get to select from a large offering of legal professionals. The choices are narrowed down for you based on your ”type” of case. You accept who they assign to you and usually pay a fee for the honor. 

I’ve used the pre-paid legal services, been referred by another attorney, used websites designed to locate a competent attorney and I’ve asked friends who never knew who to recommend. I was extremely dissatisfied with all of these methods for locating competent representation. The worst part, I ALWAYS discovered something unpleasant about my lawyer…AFTER I’d hired them. I thought it would certainly have helped to know this information beforehand. It was like a string of very bad blind dates!! So, what could be done about it? Plenty…