Saturday, April 2, 2011

A good lawyer in action

The many events of the past few weeks have left me reflecting on some of my goals. I mentioned a couple of months ago that I would like to become a lawyer. This past week I got to see a good lawyer in action and it reinforced my desire to not only be a lawyer but the type of lawyer. It also made me think more of the firm that I would like to establish. I have thought of this many times before but as I watched some things that happened to friends this week, it reaffirmed the need for the type of legal firm that I would like to establish. I know this is a very long term goal, but if you never write down your goals it will make it more difficult to achieve those goals. Maybe this will be the start of my "memo" like Tom Cruise wrote in Jerry McGuire.

So here it is, my dream legal office (as of today):

ATTORNEYS: Aside from my own future legal expertise, I would hope that my firm would have several attorneys like the one I witnessed this week. What made this one so special? He really worked! Any of you involved with the court system know what I am talking about. The attorney that I am referring to is a state attorney. He doesn't know who he is going to represent that particular day until he shows up to work that day. That would make any lawyer's job that much more difficult. All this attorney knows when he goes to work is that he is going to affect the lives of children each time he enters the court room. What a purpose in life! Some people have that as an outcome of their profession but don't necessarily take it seriously. Some just go to work and push through in hopes of getting back home that much sooner, not caring about their impact of their position. {Reminds me of the quote "There is more to life than just showing up, you need to be involved"} Then there are the few like this gentleman. He went to work this week and truly sought truth and justice. He spent the time to ask the questions necessary to establish to the courts the history and behaviors of his opponent. I don't know if this particular attorney felt this way, but I would hope that he felt personally involved in the lives of the people he was representing. My firm will practice family law which means I want my attorneys to be personally involved with their client's families. I don't mean like going to McDonald's or a family outing. I do; however, believe it is important for the attorneys to meet the children that they affect. Generally, family lawyers only meet with the parent that has hired them. I don't think that is as effective because you don't necessarily see the true picture of the family in that way. The attorney may rely on a case worker, mediator or teacher for their information regarding the children; however, that removes the personal tie. That personal tie can be motivating and also reaffirm things which may come out in court. That makes the attorney's ability to obtain positive results that much greater. The attorney I am speaking of had not met the children he represented; I do not know what motivated him to perform the way he did. I have my opinion that he truly believed in representing children and seeking justice-maybe he was thinking of his own children. I know that my children are a motivator for things I do.

FEES: I don't live in a fairyland. Money, unfortunately, has to be a factor in how I run my firm. I have literally told my husband that for me to reach my goal we will need to "make bank" with his goal (our company we started) so I can reach my next goal (another reason why it will take several years to reach this goal). I know that sounds a bit selfish but it is because I don't plan on being a high paid attorney. I don't expect to make more than what I am currently earning. That may not seem like much to some but I know for the area that I live; attorneys just out of law school literally make the same that I do now. Reality is I won't make much more as I am starting this goal late in life (ouch!). I hope to operate the firm with a sliding schedule based on the client's income if it is needed. That being said, I will not represent a lazy client. We all know the type I am talking about. There may be a sliding scale but there will also be requirements for community service for example if the low income is due to a disability or job search requirements done through the firm (not like unemployment where they don't follow up and people sit around until the benefits are about to run out - oh, that is a different soap box). I will need to charge enough for the services we render. I know there are good organizations which use a sliding scale but they are generally funded by the states or local municipalities and are limited to services off erred due to state legalities. As a private firm, I will be able to have more options available for clients if not relying on public funds. That will help to serve the clients better. What does that mean? (See the next aspect of my firm)

BOUNTY HUNTER: I am sure I will have to name the position something different as the position will function slightly different but it is the basic concept. Many times in family law, there are orders initiated by the court which are hard to enforce because the opponent my not show for court. When that happens is a Body attachment or Failure to Appear warrant is issued. In cases of child support, the warrant is issued as a "No Bond" warrant and the only way the defendant can be released is by actually paying the owed child support. This is a good plan, when it works. The challenge with this is that Child support is a civil matter and our law enforcement agencies are busy with criminal matters. Thus, the cops don't usually seek out those with civil warrants. There are police officers who do, but they are few and far between; thus, the need for the "bounty hunter". Generally bounty hunters seek out those offenders who have committed a crime and have skipped out on their bail/bond. The people who hold the bond hire bounty hunters to go seek out the criminal (who is usually in hiding) and turn them in to the police. When the criminal is presented before court then the bail bondsman/woman can receive their bail amount back. The bondsman pays the bounty hunters a certain percentage of the bond as payment for their services. Do you see the challenge? With child support there is no bond, a bounty hunter is not going to work for a percentage of nothing. My hope is that I will be able to find an employee who will want to act like a bounty hunter but have the security of a regular paycheck. Non-supporting parents aren't usually hiding because they know the police aren't searching for them. The custodial parent usually knows exactly where the non-supporting parent is, less challenge for the bounty hunter. How much more success would the state child support enforcement agencies see if they had a bounty hunter on staff? I love this idea.

SOCIAL WORKER/COUNSELOR: Not something you typically see at a law firm; however, mine will not be the typical law firm. It may be that the counselor is not part of the actual firm but may be contracted with the firm to meet certain requirements. In family law there are a lot of issues which require a counselor; adoption, child support, visitation, custody, wills, etc. I know not many people think of that but it if a counselor was involved from the beginning then the time in court would actually decrease and there would be more success for the families (not just legal but personal). There is no way that a divorce will ever be easy for a child; however, there are things that can be done to make it easier for the child. The same things that will make it easier on a child will make it easier to represent the family. What does that mean? Unfortunately, there are parents who seek revenge during a divorce. The revenge evolves to manipulation of people/children to obtain revenge. That is not productive; in fact it is actually a form of child abuse. If the attorneys and client also worked with the counselor they would find the balance of getting on with one's life and seeking honest legal outcomes. Well how does this affect the children? Once a parent starts focusing on revenge then what is best for the children is no longer the focus. There are also adjustments on daily life where a counselor can help the client find a new balance. Once there is a balance then there is a realistic view of what needs to be obtained through custody, child support, division of property, etc. With the case of adoption, sometimes there is the need to find the balance in going from the struggle of having a child to actually having a child. I don’t want to have the type of firm that is only looking at the amount of money they can earn from a client. I want to have the type of firm that will actually look to serve the client well. A lot of attorney’s stop serving the client when the funds disappear and don’t care about the impact on the family. An attorney’s role has a huge impact on a family and working with a counselor will help find all that is needed for the family to succeed; again, not just financially. It would be nice if it would be a requirement to see the counselor for certain legal procedures but if a person isn’t open to it then there would be no success. But then again, if they aren’t open to it then they aren’t the client I would want to represent anyways; something to think about.

CLIENTS: I know this should be a no brainer but I would not want to represent “just anyone”. I only want to represent those who truly seek what is good, honest and legal. You would think that any lawyer would seek that – they don’t. Having a law firm is a business and some attorneys only look at it that way – “How can I make the most money?” They will represent anyone to the sacrifice of values and morals. Some parents will hide their income or work “under the table” to have support calculated so they receive a greater amount of support or pay a lesser amount of support. This is fraud (aka stealing). Sometimes a lawyer will even encourage this because the longer the court battle and the more money the client receives means the more money in the lawyer’s pocket. The same type of parent I just mentioned is the same type of parent may claim poverty to their children and anyone who will listen (so they appear the victim) but seem to manage a way to afford the most expensive attorneys if there is a shot of getting more money from their ex. If a potential client were to come to me and say he/she “owes me for putting up with them so long, they need to pay more…” that would be the first clue that is not the type of person I want to represent. In fact, that is a defining statement of why the person is going through a divorce. Marriage is a partnership of two people working together in love. No one owes anyone anything if there is true love. I do not want to represent a person who is seeking revenge. I want to represent the type of person who is looking at moving on with their life, doing what is right and true by their children, doing what is right and true by their community and themselves. I want to represent the type of person who is truly trying to be fair and honest to everyone involved. That is the same type of client who will be a good customer for the law firm. That same type of person will treat their attorneys with respect as well. My firm will be the type of firm that will have a lot to offer the client, if in turn that client has a lot to offer to themselves, their family and community. The client has just as much responsibility in how a case turns out as the attorney does. That concept resembles the saying “garbage in, garbage out”.

This has been a bit long and is only a glimpse of what I want to accomplish, but it’s a start. I was talking to a friend last night who owes greater than $20,000 for attorneys and wants some good luck to come her way. At one point during the discussion I told her; “that is why I want to be an attorney, to create luck for people like you and I”. I will be honest; I have some very personal motivators for wanting to become an attorney. I don’t have the financial resources to spend $20,000 for attorneys right now. I am grateful for a belief and the knowledge that my God is a just God. Those who are being fraudulent and doing things to affect generations of my family will have to account to their God some day for their actions. Right now, I will just have to find peace in that and “Let Go and Let God”. That doesn’t mean I have to like the things that are going on. In fact, I can even pursue ways to make things better and help others. Right now, I believe that if I can reach this goal I can help so many more people to overcome some of the same legal challenges that I have. Divorce may be hard; but a family can succeed even through divorce. Adoption can be hard; but a family can be created through that struggle. I enjoy my current job because I work with people and laws. When I become a lawyer I will be able to continue working with people and the law but I will be able to be a part of creating families and helping families get through difficult times. I believe that will be so much more rewarding.

I have got a lot of work to do…