MANAGING YOUR ATTORNEY

Plumbers and attorneys have the same basic job…getting the crap out of your life! If your plumber sat at your kitchen table and told you “Just wait a while, the water will go down and it will all be okay”. Would you pour him a cup of coffee and write him a check? No? Then why do you take “just do what they want, and you will get your Gavel children home soon”?

CPS and custody cases between the divorcing or never married do have slightly different approaches.

For CPS Cases:

So, how do you make sure your attorney is working for YOU, even if you are not paying the bill? As soon as you get word that he/she is appointed, email him/her with what you expect. If he/she will not provide an email address, fire him/her immediately! You need a paper trail, so the email address is a must. In your first email, you need to tell him/her what you expect. Remember, it’s your family and you are the boss! Here is a list of some of the things you may want to tell him you expect:

1) Zealous representation (use these exact words as it is in his/her Cannon of Ethics)

2) 48-hour reply to an email unless it is URGENT in the subject line. If so, do you want a 24-hour turnaround?

3) As you will only call if it is an immediate problem, you expect calls to be returned in a maximum of 24 hours.

4) One hour of face-to-face office time five weeks before any evidentiary hearing to discuss witnesses and make sure all evidence will be in place.

5) One hour of face-to-face time to finalize court preparation.

6) NEVER speak for you without written permission on that exact issue.

boss 7) Protect the appeal! Everything must be placed on the record, including declarations from you.

8) In court, object to everything that even appears to be improper. Hold them to all laws, rules, policies, procedures, regulations, and case law.

9) File contempt of court whenever CPS doesn’t follow court orders timely.

10) No continuances without your approval except in the case of an emergency.

11) Copy you on all correspondence. Send you a copy of all legal filings.

12) Give you the same quality representation that CPS gets. Treat you like his highest-paying client.

Now, to get this kind of high-quality service, you cannot be a pest to the attorney. Remember, you have only one case while he/she may have a hundred. Send only one email a week unless there is something urgent. In this email, you will give him all the pertinent information. A visit report for his record would be great. Also, you could include reports of contact with the workers or providers. When it comes to attorneys, “the squeaky wheel” gets ignored.

Above all, be respectful but firm. You are the boss! When you are feeling timid, close your eyes and imagine your attorney bending over your toilet with his/her crack showing!

“Helpful Tips” That Will Kill Your Case

Twice in the last 24 hours, I've heard of parents taking assistance from radical “advocates” that backfired and their children were removed because of the actions taken by the parents. This stabs at the hearts of those of us who spend uncounted hours helping parents. Those of us who tell it like it is and use tried and true methods and work for new methods that make common sense.

Well, that prompted me to make a list of all the things that parents have been told to do that hurt their cases, or had they done it, would have accelerated TPR. Now, remember, with some caseworkers, “Good Morning” will get you in trouble. But the following list has a more than 50% (some 100%) chance of landing you in trouble so deep that your case will be at least complicated.

u Cuss out the caseworker at the door.

u Call the highest person you can locate to complain about contact in general

u Call the new media just because you don't agree with the removal

u Refuse to do court-ordered services

u KIDNAP YOUR CHILD DURING VISITS

u Run during an open investigation

u Deny your caseworker entry to your home during an open case

u Threaten a CPS employee or a court employee

u Move to the neighborhood of the foster/adoptive family

u Accuse a CPS employee or court employee of a crime without solid evidence

u Use terminology that is inappropriate like “legal kidnapping” or “forced adoption”

u Be disrespectful in court either by word or dress

There is a time to be more forceful, but when they have your children, your first responsibility is to get the children safely home, then you can fight for restitution. Of course, if you HAVE PROOF that your children are in imminent danger, then fight quickly and properly, but always respectfully, even if you make your tongue bleed. Weight ALL the pros and cons of your actions. And make sure you weigh the cons very heavily. And always look at the time. In other words, will your actions extend the case time?

For Cases between divorcing and Never-marrieds

1) Zealous representation of what I want for custody, not what the court wants to give.

2) Can I expect a 24-hour reply to an email unless it is URGENT in the subject line, then can I expect ASAP?

3) boss If I call with an immediate problem, can I expect calls to be returned quickly?

4) Can I expect to get equal time from the start, even in temporary orders?

5) Can I attend every hearing, I want no closed-door hearings?

6) NEVER speak for you without written permission on that exact issue. I expect all offers to be thoroughly explained.

7) Child support? If I get the time I want, can I get a reduction in child support or no child support?

8) Protect the appeal! Everything must be placed on the record, including declarations from you.

9) In court, object to everything that even appears to be improper. Hold them to all laws, rules, policies, procedures, regulations, and case law.

10) File contempt of court whenever the other parent doesn’t follow court orders timely.

11) No continuances without your approval except in the case of an emergency.

12) Copy you on all correspondence. Send you a copy of all legal filings.

13) Will you Give me the same quality representation as your highest-paying client?

14) How much will this cost?

15) How many cases do you have?

16) Will your assistant help with the paperwork?

17) How soon will you file?

18) Can u help? The only question I'll need the right answer to

19) How many cases have you gotten dismissed or terminated?

20) What does equality look like to you?

21) Do you know the judge? What kind of feelings do they have for you?

22) Do you know the other side's counsel?

23) Do you practice more with litigation or mediation?

24) How quickly do you respond to communication?

25) How long have you been practicing family law?

26) Look at Google reviews, look up on attorney lookup to see if they have been sanctioned before and if so for what, have they ever had a malpractice claim.

27) Are you a litigator or a trial attorney?

28) Cost per hour?

29) A general idea of how many hours for the case?