Posts Tagged ‘plymouth attorneys’

Who Should Pay for the Lawyer in Family Law Child Protection Cases?

Friday, October 30th, 2009

By Jennifer Moore, Family Law Attorney

The Minnesota Supreme Court has agreed to hear a case that could have major implications for poor parents who are sued in child protection cases (See The Star Tribune). The question, interestingly enough, isn’t whether parents parents who can’t afford an attorney in a child protection case are entitled to representation. They are. Instead, the question is whether the Court has the authority to require a county to pay for a private attorney or whether representation must be by a public defender. Public defenders are paid for out of the judiciary budget. In the case to be decided by the state supreme court, a Rice County judge appointed a private attorney to represent the indigent parents in a child protection case, ordering the county to pay for it out of their budget.

Private Attorney v. Public Defender

I cannot say enough about the quality of public defenders we have here in Minnesota. However, it is likely that most people would choose a private attorney over a public defender. I did read an interesting article in The Concurring Opinion that theorized that the experience obtained by public defenders make them a better choice for most defendants than a private lawyer. Another problem is that the pay rate for private attorneys performing public defender services can be very low. In Wisconsin, for example, a private attorney who takes a public defender appointment will earn $40 an hour, when the average hourly pay for attorneys in Wisconsin is $188 an hour. (From All Business.) In fact, that $40 an hour is only $5 an hour higher than was paid for public defender appointments in 1978, when the public defender statute was passed.

Public Defender Overload

With the current economic situation, there is a serious problem with overload in the public defender’s office, especially in out-state Minnesota. (See The LaCrosse Tribune and The Star Tribune). Hiring private attorneys to help with the backlog in time-sensitive child protection cases must be a serious temptation to judges balancing their own overcrowded dockets against the welfare of abused and neglected children.

Of course, if the Courts expect private attorneys to accept appointments to represent indigent clients, there needs to be a mechanism to pay the attorney for their time. The attorney who was appointed in the Rice County case has not yet been paid.

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Pinching Pennies in the Minnesota Courts

Friday, April 17th, 2009

The economy is affecting everyone in one way or another.  Even if you still have your job, you might be having a hard time making the house payment.  Even if you still have your house, you might be having a hard time buying groceries.  Something is getting cut along the way for everyone, and sometimes this has a greater impact than you might originally expect.

 

Minnesota Court Budgets

In the Court system, the situation is the same.  The budget that the Courts need and the budget that the Courts get are two different things, and the Courts have to make decisions about where to cut back.  Articles in the publications, including http://mnbar.org/benchandbar/2008/dec08/court.html  in “Minnesota Bench & Bar” and http://www.growthandjustice.org/Fewer_clerks_shorter_hours_Budget_cuts_slow_wheels_of_justice.html in “Growth and Justice”, have addressed the problems facing the Courts.  The Court websites themselves have posted bulletins about the budget cuts’ impact http://www.mncourts.gov/district/4/?page=3278  and how funding cuts threaten public safety http://www.courts.state.mn.us/district/0/?page=NewsItemDisplay&item=44518

 

The Impact on Family Law in Minnesota

The impact of the budget cuts on your family law matter could include the following:

  • Delay in filing matters and scheduling hearings and trials.
  • Delay due to lack of law clerks and court administrators to handle the work, and potentially less informed judicial officers.
  • Delay in filing due to courts being closed on Wednesday afternoons.
  • Lack of services such as arbitration and appointments of Guardians ad Litem.

 

Until the economy turns around and more money is available for Court services, you should expect a longer delay in having your family matter resolved.  Consider hiring an attorney help guide you through the process and explain the frustrating delays to help you through this difficult time. 

 

Emily M. Matson, Esq.

www.moorefamilylawMN.com

emily.matson@moorefamilylawmn.com

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Family Law, Probate Law, and Not Losing Your Head

Monday, April 13th, 2009

Welcome!  Today I’d like to address what’s happening in the legal profession and how it affects you as a client of a family law or probate law attorney.

 

YIKES!  TODAY, IT LOOKS LIKE A CRISIS TO ME

There is no shortage of alarming headlines nowadays about legal matters.  Look at these from the “Legal Strategy Review” published by CPA Global www.cpaglobal.com 

  • The Heat is on (the global economic crisis)
  • Disputes on the Rise (There has been a big rise in wage-and-hour disputes)
  • Opening the Book on Bankruptcy (Bankruptcy filings are expected to jump)

 

Here’s what I think after reading the magazine, with my thanks to the publishers for their inspiration.

 

IS YOUR ATTORNEY FOCUSED ON THEIR STRENGTHS?

The law firms that stay strongest during this economic and social crisis will be the ones planning for it and acting to meet it.  One way to do this is for the lawyer to avoid the temptation to grab just any client that comes along.  What is the smarter, more sustainable strategy is for the attorney to clarify and focus on what she does best, to help you discover those strengths, and to take the necessary steps to ensure that she can actually deliver what is promised.

 

Your focused attorney will use computerization, electronic record keeping, and paralegals and assistants to provide subordinate but necessary services to you (scheduling, discovery, document management) for less than the cost of a full blown attorney.  They will also bring their strengths to bear on your case.  Among these strengths would be:

  • Honesty:  they tell it like it is, as gently as possible – but the tell it.
  • Empowerment:  they work on a strategy that meets *your* needs.
  • Commitment:  they work for your commitment and work to win your case.
  • Concern:  they really do care about you and your goals. 

 

HOW DO YOU FEEL?

These are stressful times.  It pays to be in touch with your rational brain and with your feelings.  If you feel an attorney is just not right for you, keep on looking.  Think about it, yes, but if it does not feel right it probably isn’t.  Some attorneys are pit bulls looking for one pit bull to represent and a third one yet to oppose!  Some are not quite so pugnacious although just as effective advocates for your interests, in their own way.  This is especially true in the area of family law:  divorce, child custody, alimony, child support.  Find a lawyer who fits you in every possible way.

 

YIKES!  I OWE MY ATTORNEY HOW MUCH?

Sad but true, nothing is free.  If your lawyer is doing their homework, they are thinking about such things as the following in addition to your case and those of their other clients:

  • What is my cash flow.  How can I increase it?
  • What are my expenses.  How can I cut them?
  • What is my client base.  How can I identify and recruit them?
  • What are the needs of my clients.  How can I meet them?

 

You will want to hire an attorney who has asked and answered these very questions.  You want someone who has taken the steps to ensure, insofar as possible, that they will not be swept away in a flood of bankruptcy, crisis and broken contracts.  If that happens, they can’t work for you, no matter how high or low their bill is.  If they’re good enough to hire, they’re good enough to pay. 

 

What you want, and what you don’t want, are major determinants of the size of your bill.  Are you unwilling to compromise on any substantive issue?  It’ll probably cost you more in money, time and anguish.  Are you, for instance, bound and determined to get your wedding ring back?  Ditto.  To get what you want in the face of strong opposition, are you willing to pay your attorney an additional $5,000?  $50,000?  More?  Think it through; talk it out with your attorney, and be reasonable. 

 

I hope you have found this informative.  I’m Tom Moore, office manager at Moore Family Law in Plymouth, Minnesota

 

Our web site is at:

www.moorefamilylawMN.com

 

You can email us at:

mfl@moorefamilylawMN.com

 

You can call us at:

763-951-7330

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HOW GOOD A LAWYER DO YOU WANT?

Monday, March 30th, 2009

Death and Divorce are Traumatic

 

OK, here you are seeking a divorce, or planning for the death or disability of yourself or a loved one.  You seek out an attorney to handle the divorce, trust or estate.  This is an emotionally charged time for you and your family.  We understand.  Many family law clients are angry, often but not always justifiably so.  Divorce, child custody, child support, property settlement, and alimony are hard topics.  So are probating a will, drawing up a will, crafting the estate plan you want for yourself or your loved one.  No wonder people get angry!

 

 

Not every good lawyer gets every client mad, but a really good lawyer can actually get you more annoyed, not less!  Why?  Because they’re good, that’s why. How do I know?  Look, I’m only the office manager at a small family law firm.  But I have survived a divorce, I’ve taken people to court over civil matters, and I‘m the fly on the wall when the lawyers in the office make legal decisions. 

 

 

What I notice is a lot of difficult communication.  We have attorneys because the law is complex, changing and can be unpredictable in its outcomes.   The law has been around for centuries — and it shows!

 

There are rules and regulations and laws the ordinary person cannot be expected to know about and who can be expected to have a difficult time grasping.  There are doctrines in the law that are so much a part of everything that lawyers and courts do that it can be a culture shock to you, the client, when you find out about them.  For instance in Minnesota family court fairness – not victory — is the point of the proceedings.  Family courts in Minnesota are a really bad place to get revenge.  You can get justice regarding your divorce, alimony, child support, child custody, the division of marriage property, yes; but these are based upon fairness to all parties concerned, especially the children.  You cannot expect the court to base their decisions solely upon your case and especially not on your feelings.  The courts and the laws are required to balance the needs of all parties concerned.

 

 

What a Real Divorce or Trusts and Estates Lawsuit is NOT!

 

If a lawyer is really good, she or he will do things you never thought possible, necessary, or sufficient for your case.  Let me break this down.  First, here are a few examples of what will not happen:

 

*             A real case is not heard in a courtroom resembling “Judge Judy,”

“Law and Order” or “Boston Legal.”  Emotions don’t win cases. Facts, a winning strategy, and understanding and applying the law wins your case.

*             You won’t see someone on the other side break down and jump up

shouting from the witness chair, “Yes, I did it!  I did it!  I lied, lied about everything and I’m glad do you hear me, glad!!!”  Nope, that’

s not going to happen. 

  

*             A real case, especially one in Minnesota regarding family law

(divorce, alimony, child custody, child support, etc.) or one involving trusts and estate (Trusts, estate planning, probate, legacy planning,

etc.)  – is most probably not a celebrity case.  It will not involve a phalanx of attorneys on either side and it will not involve a barn full of evidence and a courtroom full of perky, quirky and technical expert witnesses who work in those really futuristic crime labs like you see on

CSI:  Miami!.

 

*             Your case, with a good lawyer, will probably involve fewer

witnesses, fewer exhibits and less time and emotion, and quite possibly

more money, than you think necessary.   

 

 What a Competent, Caring Family Law or Trusts and Estates Attorney Will Do

 

How come?  Well, here are some examples of what I think a good lawyer would do.

 

*             A good attorney will bear in mind where he or she is practicing

law.  We practice law in Minnesota.  Not only does that involve knowing Minnesota law, it involves knowing what judges here tend to like, and dislike, what the case law is, what juries like, and dislike, and so on.

 

For instance, Hennepin county juries do not usually award large dollar settlements for anything.  

 

*             A good attorney will charge you what they are worth, because a

good attorney has to pay for research, computers, office staff, think time, writing time, and so on.  You get what you pay for.  This does not mean your bill will be astronomical, but it also does not mean you want to retain the cheapest attorney, or that you can make a decision based on hourly rates alone.

 

 

*             A good attorney will carefully craft a strategy and tactics for

the case that will not only be designed to bring you justice but will also be designed to bring you the justice you can afford.  Let me be clear – you may be able to get a settlement more favorable than might ordinarily be expected, but doing so will almost certainly cost you more time, anguish, money, and work than if you get a good, but not astronomical settlement – one you can afford to pay for.

 

 

*             A good attorney who knows the family law and probate courts here

in Minnesota, will present the most telling argument, the most telling strategy, the most telling evidence, in your case.  She or he will not necessarily present all of the evidence you have helped gather and paid your attorney to gather.  Courts do not necessarily need to hear the same conclusion propped up in all sorts of different ways.  The courts are usually most impressed by a tight, cogent and brief argument which they can assume is your best argument.

 

 *            A good attorney won’t just throw affidavits, evidence, and

arguments at your case.  She or he will work to get the sharpest, most relevant argument winnowed out of the mass of emotions and data and paperwork involved.  

 

I hope you have found this informative.  I’m Tom Moore, the office manager at Moore Family Law.  You can reach us at:

 

 

 

Moore Family Law, P.A.

www.MooreFamilyLawMN.com <http://www.moorefamilylawmn.com/>

 

3350 Annapolis Lane North, Suite C

Plymouth, MN  55447

(763) 951-7330

 

mfl@MooreFamilyLawMN.com <mailto:mfl@MooreFamilyLawMN.com>

 

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Listening to Children about Divorce

Thursday, March 26th, 2009

The Annual Family Law Institute in Minnesota

Every year at the end of March, the Minnesota State Bar Association’s Family Law Section (  http://www.mnbar.org/sections/family-law/  ) puts on the conference of the year for family law attorney:  The Annual Family Law Institute.  As we’re getting ready to attend this year’s conference, I am reminded of the excellent opening day speaker from the 2008 conference:  Constance R. Ahrons, Ph.D. ( http://constanceahrons.com/ ), whose topic “Listening to Children About Divorce” confirmed what many of us in family law have been trying to explain to our clients – children are affected by how you and your spouse relate to each other and your children.

 

Family and Children after Divorce

Included in her talk was an overview of her article, “Family Ties after Divorce:  Long-Term Implications for Children,”  Family Process ( http://familyprocess.org/ ), Vol. 46, No. 1, 2007.  Dr. Ahrons’ analysis of the long-term affects of divorce on the well-being of children offers a lesson for all parents now starting the divorce process:

 

“No single factor contributed more to children’s self-reports of well-being after divorce than the continuing relationship between their parents.  Children whose parents were cooperated reported better relationships with their parents, grandparents, stepparents, and siblings.  Most of all, the children said that they wanted to have relationships with both parents.  What the children wanted was not for their parents to be friends as much as they wanted them to be cordial and not badmouth each other.”

 

Id., pp. 58-59.

 

If you are able to maintain a cooperative relationship with your spouse, even if you don’t ever like each other again, your children will have better lives for it. 

 

Plan Now for Happier Milestones

When clients first come into the office and sit down and tell a story of heart ache and sadness and regret, and worse, I try to get them to think about the future, about when the divorce is done and it’s time to have a new start on life.  I ask them to think about their children – when they graduate high school, or college, or get married, picture being at their wedding and getting along with your former spouse for the sake of your child.  If you alienate your children and put them in the middle during the divorce, and subject them to the fighting that is going on between the two of you, then both parents might not be invited to those events.  If you want to make sure your children are going to have happy milestones that include you, make sure you have a relationship that means it can include your former spouse as well.

 

I’m Emily M. Matson:

Emily.matson@moorefamilylawMN.com

 

I’m family law and trusts and estates attorney at Moore Family Law: www.moorefamilylawMN.com

3350 Annapolis Lane North, Suite C

Plymouth, MN  55447

763-951-7330

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JOINT CUSTODY AND PARENTING TIME IN A DIVORCE

Saturday, March 14th, 2009

VISITATION AND PARENTING TIME 


Today we no longer call a father’s time with his children “visitation”.  We call it “parenting time”. 

 

A VERY BRIEF HISTORY OF JOINT CUSTODY

James Cook died on February 21, 2009 at the age of 85.  He is considered to be the founding father of joint custody laws in the United States.  In the 1970′s, Cook was going through a bitter divorce.  He asked for joint custody of his son, but was denied because the law favored giving custody of the children to the mother.  He ultimately lost his battle for custody, but lobbied extensively for the joint custody laws that we enjoy today.  http://www.latimes.com/news/obituaries/la-me-james-cook12-2009mar12,0,1547708.story

 

HOW MINNESOTA FAMILY COURTS TEND TO VIEW JOINT CUSTODY

There is still a strong presumption that the mother is the primary caretaker of young children.  This is not codified in anywhere in the law, but is certainly present in the results of disputed custody cases.  Consider that in disputed custody cases, both parents will typically present themselves as being primary caretakers of the children.  In such cases, Courts routinely rely on the impressions of custody evaluators or guardians ad litem to provide investigative feedback as to which parent served as primary caretaker (along with other factors which may not be as gender-skewed).  Then, if the case does not resolve itself after a custody evaluation, the Court (at least in Minnesota), will accept the custody evaluation as evidence in the case, and will take testimony to determine who is, in fact, the primary caretaker of the children.  Any bias by any professional involved in the case may result in a result that is gender-biased against the father–even though the law is gender neutral.

 

WHAT EXPERIENCE TEACHES US ABOUT CHILD CUSTODY

In my experience, these biases are best resolved by carefully establishing through testimony and documentary evidence that my client performs all or many of all the tasks associated with being a primary caretaker.  It is especially helpful if this evidence is objective.  For example, if my client took the children to every doctor and dentist visit, the care provider notes will indicate it.  If my client attended all student conferences, there will be a record of it.  If my client signs off on all the children’s homework, there is evidence.  If my client does all the transportation to and from daycare or extracurricular activities, there may be no documentary evidence of it, but there is probably some testimonial evidence of it. 

 

I would not risk my client’s relationship with his children based on the ideal of the unbiased judiciary.

 

Jennifer Moore
Moore Family Law, P.A.
3350 Annapolis Lane North, Suite C
Plymouth,  MN 55447
(763) 951-7330
jennifer.moore@moorefamilylawMN.com 

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BARTER AND BARGAIN, THRIVE AND SURVIVE – MN Family Law

Thursday, March 12th, 2009

TIMES ARE TOUGH – Discussed by a Minnesota Family Attorney

I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!”  Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.  We find people faced with this every day in our family law practice.

BARTER

Remember the story about Abraham Lincoln, who took various items in trade for legal services?  True story!  I could also tell you a story about how my mother paid for her first baby’s delivery by selling her cow Becky.  Turned out she, and the baby, were quite happy with the results of the trade.  The point is, if there’s a service you really need, and you are short on money, find someone you may be able to make a trade with, and make an offer to them.  I wouldn’t expect the IRS to take a cow in trade (whether named Becky or not) but perhaps a solo lawyer, your accountant, or small practitioner would take some work on their house or office or car or home computer.  Try it!  And, be ready to be flexible. 

BARGAIN

Many of us are not good at this at all, except maybe during port time on a vacation cruise.  The point here, I think is to go for not the cheapest but the best you can afford.  I know of one family who always got everything the cheapest when they built a garage behind their house.  They spent a lot of time in the courts trying to get recovery from the fly by night contractor who swindled them, *and* the garage leaked, too.   Use your brain!  If, for example, you’re bargaining for a lawyer and the cheap one has to look up everything in a book before he answers you, while the higher priced one knows the law already… you may be better off with the “more expensive” attorney since she has a better chance of actually accomplishing what you want.

CUT BACK

OK, I’m preaching motherhood and apple pie here, but cut back cut back cut back.  More than a few people we know have discovered the parsimonious joys of shopping at that really bare bones – and small! – Grocery store chain.  What applies to groceries applies to much of what we need in life.  Yes we have to give up variety and some expensive favorites but if the alternative is between living parsimoniously or living on an ever increasing credit card balance, I for one would choose parsimony.

 DON’T SWEAT THE SMALL STUFF

Anticipation of a dire situation is often worse than the situation itself.  Someone once wrote that the fact that there is a problem means that the elements are already present in the situation, for a solution.  You just have to dig it out.  For myself, I find that doing *something* — provided I’ve put some thought into its appropriateness – is better than doing nothing.  And, if after consideration, nothing is what you are compelled to do, that can work too.

DO SWEAT THE BIG STUFF

Family, friends, your own dignity and honesty.  THIS *stuff* is well worth paying attention to; and making sure that even if at the cost of some short run advantages, there are principles you can stick to. 

Please come back to our blog as we discuss more topics about Family Law and the economy.  You can visit our website, or give Moore Family Law a call 763-951-7330, if you have questions that you need answered.  We would be happy to assist you.

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Moore Family Law on Relationship Strategies

Tuesday, February 10th, 2009

The “D” Word

 

Family attorneys are not in the business of breaking up families.  We are about helping people manage family transitions.  If there is one piece of advice I could give to stay married, it would be to never threaten divorce during an argument.

 

Don’t use the “D” word.

 

Just don’t.

 

If you are the one using the “D” word in the heat of an argument, chances are you don’t really mean it.  People who are seriously contemplating divorce don’t throw the “D” word around much.  Instead, they quietly go about locating the information they need to make the decision to divorce and implementing a plan for future independence. 

 

On the other hand, the person hearing the “D” word in the midst of battle will begin to quietly locate the information needed to protect him or herself in the event of a divorce and implement a plan for the inevitable transition from married to single.

 

See the problem?  If you are not serious about divorce, you do not want to get your spouse serious about divorce. 

 

Finally, if you aren’t serious about divorce, try marriage counseling:

http://www.mayoclinic.com/health/marriage-counseling/MH00104.

 

 

Jennifer Moore

Moore Family Law, P.A.

3350 Annapolis Lane North, Suite C

Plymouth,  MN 55447

(763) 951-7330

Fax:  (866) 354-3531

jennifer.moore@moorefamilylawMN.com

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