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Is the Lawyer Advertising Tasteless or Innovative with Today's Economic Times?

More Low Moments in Lawyer Advertising

by John Browning on Mon, Oct 10, 2011, 10:57 AM

It’s no secret that in this depressed economy many lines of work have taken a beating.  The legal profession is certainly one of them.  Recent law school graduates are having a tougher time than ever finding jobs in their chosen field.  In June 2011 alone, the legal sector had lost 2,600 jobs.  Because of this, competition for legal work is becoming more and more intense, leading many lawyers to explore even more creative ways to market themselves.

 Of course, there’s “creative,” and then there’s unusual and sometimes downright tacky.  In the United Kingdom, the matrimonial lawyers at Follett Stock Solicitors have drawn the ire of local religious leaders for advertising (for a limited time only) free divorces.  The offer, made via the firm’s website, Twitter, and in a flyer, doesn’t include court costs or extras like tracking down an estranged spouse.  Clergymen maintain that the free offer encourages couples to make a hasty decision about splitting; the law firm counters that it’s just good advertising and a public service for those who want to divorce but can’t afford the legal fees.  Over here in the U.S., Portland, Oregon personal injury firm Berkshire Ginsberg has nothing to hide—literally.  In June, the firm sponsored the popular annual World Naked Bike Ride event, which was expected to draw as many as 20,000 au naturel cyclists.  Firm partner Mark Ginsberg is an avid cyclist, and he saw sponsorship as a way to promote his firm’s representation of the vulnerable.  The tagline associated with the lawyers’ support of the ride read “When you’re naked, we’ve got you covered.”

 For a lot of lawyers, hitting the books in school meant entry into a world where they wouldn’t have to do jobs like deliver pizza.  Now a new company founded by non-lawyer Chris Miles promises legal help as quickly as—well, a pizza.  LawyerUp, which operates in Massachusetts, Connecticut, and Rhode Island, offers subscribers (who pay $4.95 a month) access to a lawyer within 15 minutes of a legal emergency.  LawyerUp gets paid $100 for the first call (for nonsubscribers), and the attorneys earn up to $250 for the first hour of work (they have to be agreeable to taking late night calls).  Chris Miles rationalizes the service by saying “If I want a pizza, I can get a pizza in 15 minutes. . . . Why can’t I get a lawyer?”  Connecticut Bar Association President Ralph Monaco called the company’s name “so tasteless.”

 For other lawyers, it’s all about the ads themselves.  Ontario trial lawyers at Sanders, Lyn & Ragonetti advertise their divorce practice with a photo of a sports car bearing the license plate “WAS HIS” (I guess they represented the wife).  Philadelphia lawyer Larry Leftkowitz seeks to associate himself with trustworthiness with an ad in which his head is Photoshopped onto Abraham Lincoln’s body.  Maybe he specializes in rail-splitting, or emancipations.  Meanwhile, Tulsa trial lawyer Bryce A. Hill has his firm’s ad prominently featured on a race car for NASCAR fans everywhere.  Yes, nothing says “classy” quite like having a law firm name and “TulsaTrialLawyer.com” right above the Confederate flag and a Jack Daniels logo.

 Some law firms go with a musical approach.  New York personal injury firm Greenstein & Milbauer opted for a rap song; some of the lyrics include “Have a neck broke/from an accident

you didn’t provoke?”  The Los Angeles-based entertainment law firm of White O’Connor, on the other hand, uploaded a YouTube video with a lawyer in a suit singing a reggae song about their practice.

 Other attorneys take a more personal approach.  Peruse the website of the law firm of Mahoney Anderson LLC in Eden Prairie, Minnesota, and you find out more than you cared to know about attorney David M. Anderson.  For example, Anderson boasts that before marrying a “former International Fashion Model and Miss Minnesota World,” he “dated women who went on to positions on the Federal Bench and National Anchor spots on FOX News.”  Seriously?  This guy thinks who he’s dated should somehow make a prospective client want to hire him?  If this isn’t enough to make you think Anderson is a colossal tool, then consider his online business card, which notes that “Tri-lingual and an accomplished Jazz Pianist and 3-time Marathon Finisher, David continues to wonder in awe at his endowment of excessive gifts and talents, when so many others have been apparently deprived of any.”  Hopefully, he meant this to be taken tongue in cheek, or else make sure there’s enough room in his conference room for you, Anderson, and Anderson’s ego.

 Maybe Anderson was inspired by Baltimore, Maryland attorney Barry Glazer, whose Facebook page boasts “Every once in a while, a man emerges to lead the masses to greatness.  With his cunning intelligence, impressively dyed blonde hair, and great catchphrases, Barry Glazer has become not only a law hero in Baltimore, but also an Icon throughout Maryland.”  Really?  Maybe the “great catchphrases” aspect is true; Glazer is known for his commercials, a number of which can be found on YouTube, and many of which have something to do with urine.  In one ad, he refers to himself as “Legal advocate for the injured, disabled, and urinated upon;” in another, he admonishes insurance companies to not “urinate on my leg and tell me it’s raining.”  He even comments on the BP oil spill with the tagline “BP’eed on lately” and his website features a “Don’t Pee on Me” tab.

 I guess there’s a reason why, when you think of “classy,” lawyer ads don’t exactly spring to mind.

Posted on Dallas Blog

Lawyers ads have been controversial for some time.  For the longest time lawyers as a profession weren't allowed to advertise or their advertising was substantially curtailed by Professional Codes of Conduct leaving lawyers with very limited means of "advertising" their legal services other than their signs at the roadside, business cards to those who asked, and word of mouth.

Some would call various forms of legal advertising "Tasteless" as the article explicitly states.  However, might it be seen as innovative and progressive in a time when there is an abundance of lawyers yet an economic downturn?  If lawyers were to offer "free divorces in Rhode Island" for a limited time to help many people who couldn't otherwise afford a lawyer, would the local clergy take the same position?  Is offering a free service actually encouraging divorce?  

If you had a business service offering professional wedding planning, professional internet marketing, or professional architecture services to the public and you were told how you could and could not advertise, what might your response be?

Whose opinion of what is professional advertising/marketing should govern your advertising?  Yours or the public's?  It is an interesting topic for discussion.  How would you weigh in on lawyer advertising if you had a professional service of your own?

Is Your Rhode Island Divorce Attorney your Divorce Problem? Think Twice!

In Rhode Island Divorce cases there is no shortage of disgruntled clients for Rhode Island attorneys because of the emotional nature of divorce and the fact that in many cases someone is going to leave the divorce upset that they didn't get the sofa, the china, the big screen television, enough visitation, a larger portion of their spouse's retirement plan or maybe the dog.

Unfortunately, we as Rhode Island divorce attorneys are blamed by some clients when things don't go the way we'd like in our divorce.

Are you unhappy with your lawyer?  Ask yourself why?  Is it simply because things aren't going your way in your divorce?  If so, why is that?  Is the other attorney playing dirty?  Is the judge quick to make judgments without hearing your side of the story?  Are you providing your divorce attorney with the information he or she needs to protect your interests correctly?  

Before making a judgment about whether your Rhode Island divorce attorney is your problem, consider that there are many factors outside your lawyer's control.  
 Here are just a few: 

1)   The judge and what he or she may be predisposed to think about certain issues;

2)   The opposing attorney and the argument(s) he or she may make on behalf of your spouse;

3)  Whether your attorney was caught unaware by the court hearing or process due to scheduling changes;

4)  The difficulty of your spouse and/or her lawyer in prolonging the matter or being unreasonable in resolving various issues; 

5)  Whether you are providing your divorce attorney with the information he or she has requested in a timely manner so you can be properly represented;

6)  Whether your expectations regarding what you want are unrealistic  and you simply want what you want regardless of what your divorce attorney may be telling you; 

7)  The timing of your divorce attorney's involvement in your case; and

8)  The facts and circumstances of your particular marital situation and how they are represented to him or her.

These are just a few of the factors that are outside your divorce attorney's control.  So, as you might imagine, any divorce attorney has to be prepared to adjust as much as possible and adapt to these eight factors and others that may (and probably will arise) in the course of your case.

Before flying off the handle at your divorce attorney, consider that he or she may be a victim of circumstance and that he or she may be adjusting as quickly as possible to the changing circumstances with your case.

I am frequently consulted to give second opinions regarding my fellow divorce and family law attorneys to let client's know whether or not what I'm being told about the case is out of the ordinary for the typical divorce attorney in Rhode Island.  In many cases, people are surprised when I explain to them why their attorney has addressed issues and treated their case well within the bounds of reason, discretion and skill.  

In some cases, it is apparent that a person's attorney has diverged from standard and reasonable divorce practice and ethical standards and I have no problem informing the client of that fact and the actions that the client should reasonably be able to expect.  Often, the client expects even more than I advise them of with respect to their attorney and it becomes my unfortunate task to explain to the client that they are being unrealistic in their expectations regarding how they expect their attorney to perform both in and out of court.

In the occasional case, I will be forthright with the client and advise him or her based upon the timing and the circumstances as to whether they should consider interviewing new counsel based upon substantial deviance from standard divorce and/or legal practice generally among Rhode Island attorneys.

In a nutshell, think twice before lashing out or blaming your divorce attorney too quickly for something that may be out of your lawyers control.  In the very least, take time to get a second opinion before terminating your attorney.  Too often a client will have a good attorney who is doing a decent job and they will terminate their attorney too quickly only to regret that decision later.

Should you need a second opinion about your Rhode Island Divorce attorney, feel free to contact me and I will be happy to meet with you for a low-cost advice session.  It's better to be well informed and get either reassurance that your attorney is "on the ball" or if your attorney is doing you a disservice before you terminate your attorney and possibly making a "huge" mistake.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Hiring a Rhode Island Divorce and Family Lawyer: Is it better to find a lawyer who is disassociated?

Would it be better as a Rhode Island Divorce Lawyer to remain impersonal? Over the years, the vast majority of divorce colleagues that I know who practice in Rhode Island who have shared their thoughts with me generally adhere to the principle that as lawyers we should be... or are even "required" to be . . disassociated . . . to separate our feelings from our clients in order to represent them properly. The idea, as I understand it is to make sure we keep our legal minds sharp and not to allow them to be cluttered with the emotional quandries that often cause clients to want to take action without legal reason or basis but simply because they are driven by anger, fear, jealousy, hurt or revenge.

In this respect I must diverge from my fellow divorce colleagues. The answer for the Rhode Island lawyer as I see it is much more challenging. It would seem to me that the practice of a good Rhode Island lawyer is to empathize with the client, appreciate and understand your emotions as the client, and to temper the corresponding response to those things with skilled reason.

Below are a few questions for you to ponder and decide for yourself. Just as marriage is personal to you so too the answers to these questions affecting your divorce are matters personal to you.

As a Rhode Island Divorce lawyer, I would appreciate it if you would kindly humor me as I dig a little deeper and draw a picture here.

Imagine you are involved in or contemplating your own divorce. Can you see it?

Do you see your divorce as an ending or a new beginning?

Do you see your divorce as merely the Rhode Island law imposing itself on your life?

Is it a mental, emotional and financial drain on your life and your family?

Frankly, divorce can cause all of these things to occur in your life.

Finding the right Rhode Island Divorce Lawyer is not an easy task for anyone who doesn't already know a good divorce lawyer.

Are you searching for a good Rhode Island Divorce Lawyer?

A good approach may be to consider your own situation and your own answers to these questions. Afterall, isn't your divorce all about your life? It certainly isn't about the lawyer's life, right! It's about you and your life!

So what are your answers to these questions and how might they help you?

1. Do you have minor children whose care and support might need to be addressed by the Rhode Island Family Court?

2. Do you have a business that may be subject to division as a marital asset in you divorce proceeding?

3. Is this your first or second marriage?

4. Do you have children from you first marriage? Did you or your current spouse adopt any children during your current marriage?

5. When you consider your own divorce, what are the most important concerns in your mind?

Can a Rhode Island divorce lawyer properly address your mental and emotional needs as a client and a married person if the lawyer has never been married before? Wouldn't it stand to reason that a lawyer who has been married before might better appreciate your feelings and your needs? Or better yet, wouldn't it make sense that a lawyer who is currently married could understand you even better?

Now, if you consider your answers to all of these questions . . . wouldn't you want your divorce lawyer to be sympathetic or experienced regarding YOUR concerns? It makes sense, right!

So let us say you are interviewing a divorce lawyer to represent you. Would it matter to you that your divorce lawyer is not married or has never been married?

Here's my thought on this. As a client, you decide if you agree. Isn't it at least a little bit more likely that a divorce lawyer who has not dealt with marriage in his or her own life more likely to understand you and your concerns as opposed to a divorce lawyer who isn't married? It makes sense that the married lawyer is more likely to be better able to sympathize or empathize with your feelings and emotions about your marriage and therefore your divorce, doesn't it?

If your divorce involves your child or children, should it make any difference to you that when you are interviewing divorce lawyers that the doesn't have any children?

Let's look at this once again from the practical side of hiring a divorce lawyer. Doesn't common sense tell us that if your divorce lawyer had children then he or she could truly appreciate the importance of your children than the lawyer who doesn't have any children?

What makes a good Rhode Island divorce lawyer? Naturally what I have to offer is solely my own opinion on this subject. Certainly part of it is education. Neither I nor any of my colleagues would be practicing lawyers and trying to help you through your divorce if it weren't for a law school degree. However, I think that in reading this article it may be more helpful to provide some direction regarding what you might want to consider when engaging a Rhode Island lawyer as either your "in-court" divorce lawyer or your divorce coach.

Another facet of what makes a good Rhode Island divorce lawyer is experience, but it is not merely experience in the practice of law but also life's experience.

As I mentioned I have my own thoughts on the subject. It makes sense that a married lawyer might better understand a client's difficulties during a divorce. It also makes sense that a lawyer with children might better understand the nature of a client's feelings and issues if there are children involved in a divorce.

Personally I it's my opinion that experience should certainly be a big consideration in your choice of divorce attorney. However, that should be qualified to some extent because experience simply as a lawyer isn't what I'm referring to here. If you are looking for a divorce lawyer to protect your interests then you should be interested in a lawyer's experience in the Rhode Island Family Court arena.

It goes without saying that experience as a personal injury lawyer for twenty or so years really doesn't have anything to do with a lawyer's ability to protect your interests in a Rhode Island divorce proceeding. Therefore, experience representing clients in divorce matters should probably be a focus in your search for a divorce lawyer. If you have a choice between a lawyer who represents ten or so divorce clients in a year as opposed to a lawyer who represents fifty divorce clients a year, then that should give you an inclination as to which lawyer is likely to be more skilled in the area of divorce and probably better suited to protect your legal interests in the divorce.

So what might you look for in the way of experience and how should you get the real answer as to whether the lawyer is experienced in divorce or not? You'd think this would be a particularly difficult question to answer but I don't believe it needs to be so complicated. It certainly isn't about listings in the Yellow Pages. That is merely about having the money to pay for the advertisement and selecting "divorce" as the category where the lawyer wants the advertisement posted. The same is true for the Yellow Book and for just about every other advertising medium out there, including sponsored advertising that you see on MSN, Yahoo and Google or where you see "ads by Google", etc..

Do you really want to know if a lawyer is experienced in the Rhode Island Family Courts in the area of divorce? Here's a suggestion. Call the Clerk's office of the Family Court for the two counties that are closest to the lawyer's primary location. When you call, ask the person who answers the phone "Do you know Lawyer X?" Thank the person and say, "by the way how long have you been working in the clerk's office?" If they do not hesitate and they know the person and they have been in the clerk's office for several years, then you have a good indicator of the lawyer's experience in the family court. In otherwords, an experienced divorce lawyer will usually be known by the people in the clerk's office who have been there for a while. If the person who answers the telephone does not know the lawyer, then ask the person if he or she would be so kind as to ask a co-worker or two around them if they have heard of Lawyer X. If you make a couple such calls then you will have a reasonable indicator as to how much time Lawyer X spends for clients at the Rhode Island Family Courts.

Some people have suggested to me that a Rhode Island divorce lawyer's hourly billable rate, the better he or she is as a divorce lawyer and the more experienced the lawyer must be. This is a theory you may want to weigh with a grain of salt. While it may seem to make sense that only a "good" and "experienced" Rhode Island Divorce lawyer would have the audacity to tell you without batting an eye that his or her hourly rate is $300 per hour. This is far from the truth.

Personally, I know several Rhode Island Divorce lawyers who charge an hourly rate of $300 to $350 per hour, yet when push comes to shove I know several other attorneys who charge $200 per hour whose skills are substantially greater than the higher priced lawyers. Additionally, I know some lawyers who charge $200 per hour and have been practicing for several decades but I wouldn't hire them, nor would I recommend them because they are poorly skilled and/or simply don't care about their clients. Once the check is in the door from the client it would seem that they act as though they have done their job, to obtain an income.

Another faulty proposition I have heard is that you can tell if a lawyer is good at what he or she does by his or her lifestyle. This proposition suggests that it is important to look at the car he or she drives, how fancy their office is, how many support staff they have, how many diplomas and awards they have on their office walls, etc... This proposition to put not too fine a point on it simply borders on the absurd. All these things really tell you is that somehow the lawyer you are considering has done well financially prior to the moment you walked in the door.

Think about these questions. Did the lawyer inherit from a rich relative? Did the lawyer marry a rich spouse? Did the lawyer win the lottery? Is the lawyer a great divorce lawyer? Is the lawyer great at bilking clients out of their hard earned money?

Looking at the divorce lawyer's lifestyle tells you absolutely nothing whatsoever about the lawyer's skill or experience.

This article started with the idea that perhaps an divorce lawyer should disassociate from the client and his or her feelings. Essentially it has been proposed by several of my colleagues that you should not allow your personal feelings (i.e. your caring) to come into play at all. You should see each situation and simply address it with whatever procedural steps are appropriate.

In my mind it makes all the sense in the world that a person will do more for to protect and fight for someone they care about. Not only does this make sense but it is no less true for divorce lawyers. If so, then why should we as Rhode Island Divorce lawyers disassociate our caring for the client. Apply this maxim to the divorce lawyer and what do you get? A divorce lawyer will do more to protect and fight for a client he or she cares about! It's beyond logical, it's common sense! This is tantamount to a passage I read long ago from a historical text that contained a statement as follows:

"If I were a betting man, I would bet all I have on a single farmer defending his home and his family against an entire battalion of Redcoats."

It makes perfect sense that eliminating "caring" by disassociating from the client seemingly removes a substantial and powerful edge that a client should be entitled to from the lawyer when paying a reasonably substantial fee.

Lastly, it certainly makes sense that a divorce lawyer who has been through a divorce himself or herself is likely to be a substantial benefit. I admit this is a bold I am making here. However, I must admit that as a Rhode Island Lawyer who has limited my law practice exclusively to Rhode Island Divorce and Post Divorce Issues it has been perhaps the greatest benefit to my practice in Rhode Island divorce law that I went through my own divorce before I became an attorney in the State of Rhode Island. That experience alone has given me a perspective that I would not otherwise have and which has enabled me to connect with my clients in ways that I do not believe that other lawyers are capable of doing effectively. It has been one of the most challenging trials in my life that has created a positive effect on my practice and my ability to relate to and help my clients.

Since this article has turned into more of an exercise addressing ideas surrounding various aspects relating to the hiring or an experienced Rhode Island Divorce Lawyer it may be appropriate in closing that I summarize the suggested conclusions of this article.

When seeking to engage a Rhode Island Divorce Lawyer it is probably best to consider hiring a divorce lawyer that

1. Is married;

2. Has children, if you have Minor Children;

3. Has personally gone through their own Rhode Island divorce, if possible.

4. Has Rhode Island Divorce experience such that he or she regularly represents clients in the Rhode Island Family Court and may be known to people at the Rhode Island Family Court;

5. Charges a reasonable fee for his or her services based upon his or her divorce practice experience;

6. Exhibits caring for his or her clients in their divorce proceedings (i.e. does not disassociate from his or her clients);

7. Is not based simply upon paid advertising medium; and

8. Is not based on a lawyer's success merely by the appearance of the lawyer's lifestyle (i.e. car, suit, office space, support staff, house, etc.)

Let me be very clear that this article is meant to help you find a good lawyer and determine whether or not you think your divorce lawyer should be "disassociated" or not.  I have my opinions, my thoughts and my theories. I have presented them to you based upon what I have heard from others and I have tried to show you the logic or lack of common sense behind each. The idea in any event is NOT in any sense to judge my fellow lawyers. Even I must admit that no matter what set of criteria you put together to identify a good Rhode Island Divorce lawyer, there will be exceptions.

I'm not perfect. I'm not the right Rhode Island Divorce lawyer or coach for everyone. I don't charge you $350 per hour. I don't drive a BMW, my 1998 Chevy Cavalier gets me where I want to go faithfully and looks reputable. You won't find me wearing expensive suits because I don't want my clients paying for such extravagances. You'll find me in a respectable suit coat, dress pants, dress shirt and tie. You won't find a fancy office with plaques and degrees lining the walls because my Rhode Island divorce practice isn't about me and what I've achieved . . . it's about YOU and YOUR LIFE! Lastly you won't find me paying support staff unless its absolutely needed for your case because I don't want you to pay for someone who is a convenience for me more than you.

What you will find is an honest, caring man who has personally been through a divorce with children, assets and debts who is now happily married and has wonderful grandchildren. You will find me equipped with today's technology to do everything I need to do for you as economically and professionally as possible to save you money.

Most of all, You will find me caring about your case and charging rates that some colleagues and judges have found absurdly low for my experience. And . . . should you ever want to know I will be happy to explain to you why the last decade of my life has been dedicated exclusively to practicing Rhode Island Divorce and Post-Divorce issues in the Rhode Island Family Courts throughout our state.

The economics aren't complicated. If there is less overhead in my law practice and, I maintain a lower personal standard of living, then I can pass on the savings to you and do more for you. Ultimately I have a different philosophy than many lawyers. My law practice is not about divorce, nor is it about how much money I make from you. My practice is about how many good people like you that I can guide successfully to a better tomorrow.

I invite you to consider what I have to offer. You just may be pleasantly surprised .... if not shocked.

My best to everyone going through a divorce or post-divorce family law situation in Rhode Island or contemplating it. Whether you call me or not, I know how hard it can be.

Remember . . .  I've already been there!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

(C) Copyright 2010 (All Rights Reserved.)

Rhode Island's Full-Time Divorce* Lawyer is Now Rhode Island's Only Divorce and Family Law Coach!!

*The RI Supreme Court licenses all lawyers in the general practice of law and has no programs for recognition of specialization of lawyers in any area of law. Please note: This is not legal advice but is a public service to those in need.  

Disclaimer:  Information provided on this website is in no way a substitute for legal advice provided by a competent Rhode Island Divorce and Family Law Practitioner who has had the opportunity to meet with you and question you regarding ALL aspects of your case.  Contact with Christopher A. Pearsall, Esquire through this website does not establish an attorney/client relationship.

Rhode Island Child Custody Question: Taking the Kids Out of State. Can my Ex-Spouse stop me from moving with the children?

Physical Child Custody Question: I have sole physical custody of my two children and we share joint legal custody. We have been divorced for three years . I currently live in Lincoln, RI and would like to buy a home in Franklin, MA. It is 17 miles away and a 25-30 minute drive. Can the father of my children prevent me from moving such a short distance? There is nothing in our divorce decree that addresses this issue. He currently lives across the street from me and does not want to drive 25 minutes to pick them up or drop them off. I have agreed to meet him half way for visitation but he still has contacted a lawyer. Does he have a valid case?

Rhode Island Custody Lawyer Answers: 

Yes, your ex-husband can validly petition the Rhode Island Family Court for an Order preventing you from moving with the Minor Children out of the state. It is not so much the distance that is the issue. The issue arises in the fact that you want to move the Minor Children outside the geographical boundaries of the State of Rhode Island. It is irrelevant that there is nothing in your divorce decree or any marital settlement agreement that you may have had that addresses the issue. Courts and parties are rarely able to address every type of situation that might arise in a family after a divorce occurs, although this issue is a bit more common. However, your ex-husband should make sure he gets an experienced Rhode Island Divorce and Family law attorney to advise him regarding this issue. 

Why do I say this? 

Because the information he would receive would be substantially in your favor. Rhode Island case law is fairly clear that absent your ex-husband proving that you are moving for a vindictive reason such as to deprive him of his visitation or to make things more difficult for him, then as the placement parent (parent with physical custody) you only need to demonstrate to the court that you have a good reason for moving with the children. 

The reason can be anything from buying a house for the children, moving for a new job opportunity, better school systems for the children in the new area you would move to, a better neighborhood for the children, one or more family members live in the new area you propose to move to, etc... but all your reasoning should collectively be for the benefit of the minor children.

Generally speaking a "good reason" seems to be any reason that makes sense for the best interests of the children and you as the placement parent, other than one that vindictively is designed to hurt the other parent in some way. Therefore, even though your ex-husband has a valid case he can make before the court, based upon the facts you have provided here, he is unlikely to prevail in preventing you from moving with the children unless he can prove the vindictive reason for moving the children. 

Helpful Family Law Tip: 

To protect yourself, put your offer to meet him half way for his visitation and your desire that you don't want his relationship with his children to change in writing and spell out all the excellent reasons you have for moving with the kids and how it would benefit them. This might prove to be an excellent piece of evidence you might be able to present to the court at a later date if you need to.

I wish you the very best of luck.  I have addressed this issue over the years and it is one I am well versed in.  Your greatest challenge is not your legal issue.   

If you need further assistance, do not hesitate to contact me at (401) 632-6976 or review one of my helpful Rhode Island Divorce and Family Law Websites listed on this page.

Warm Regards, 

Christopher A. Pearsall, Esquire

Rhode Island's Only Full-Time Divorce Lawyer and Family Law Coach*

* Note: The RI Supreme Court licenses all attorneys in the general practice of law and has no procedure for specialization or recognition in any area of law.

The Rhode Island Divorce Attorney Writes on Child Custody: Can you get Sole Legal Custody?

Unfortunately it is all too often that people call me and ask "Can I get sole custody of my child?"  This question usually follows a short summary of facts that may or may not contain the information I would need in order to correct assess their case as a Rhode Island Divorce Attorney.

Though I would like to apologize to all those people who call me and ask this question week after week looking for a simple answer, I can't.

To the people that the call me and ask such a loaded legal question and expect an answer in 5 or 10 minutes without expecting to pay me for my expertise, please understand that it is not out of a lack of knowledge that I offer you my coaching service or my legal advice session, but rather because you are asking a loaded question.  

The fact is, depending upon the facts of your case, how you present yourself, how the other parent presents him or herself, which judge you have, how old the child is, what the child's wishes are, and ultimately a myraid of other factors that are taken into consideration into making that assessment . . . it is possible that any person could potentially get sole physical custody of their child... depending upon the totality of the circumstances.

If you look just the the number of factors I mention in the preceding paragraph, you can see that it is not a cut and dry issue even for an experienced divorce and family lawyer, so please do not be offended when you try to blurt out all the circumstances of your case to get a ballpark answer based upon my professional experience when (1) there may be considerably more that I need to review in order to make any type of professional estimation as to the likelihood of success and (2) this is my livelihood.  

Ultimately, it would do you a disservice to anyone to answer a question about obtaining sole custody based merely on a telephone call without something in the way of investigation.  It also does a professional attorney a disservice.  Attorneys spend their lives learning and accumulating their knowledge through education and constant practice in and out of the courtroom.  

To ask any attorney for such significant legal advice without providing compensation for legal advice that exposes him or her to liability is far from reasonable.  It expects the attorney to work for free.  It is not, as some callers have tried to argue, in the nature of asking a friend for a favor.  I have several independent professionals who are surgeons.  On occasion I have had need of their services.  However, it would be less than professional ( or fair) for me to show up at the surgeons office and ask him for a quick 30 minute surgery "for free."  

First, this is how a surgeon makes his living and feeds his family and he can't rely upon what I tell him.  The surgeon needs to do his own tests and examine what has been done before I involved him.  Can you imagine the trouble a surgeon might get himself or herself into if she performed an important invasive surgery based only upon what I told him or her?  This would be nothing short of malpractice . . . without any compensation to boot!  Ouch!

I ask that callers don't expect the same from me.  It is not my practice to receive calls out of the blue, with no compensation and simply provide legal advice.  I might just as well operate on you without a license and without being paid for it.  It just doesn't make sense.

Just in the same way that I wouldn't expect you to go to work for an employer for a week and then not get paid for your time and hard work, I simply ask you to have the same respect for me.  My time is valuable and I already cut my rates tremendously and provide low cost program to make things more affordable for people.  Please don't call and ask me to answer your legal questions for free.

To Answer Everyone's Question about whether You Can Get Sole Custody of Your Child, the answer is "yes".  This is not legal advice.  This is just common sense.  Everyone's case is different.  I can't assess your case without the proper investment of time, investigation, and application of the law to the facts to determine your probability.  But until a court tells you "NO" you can't get sole custody of your child, then the answer is always "YES" because the possibility always exists until the court says "NO".

This question is always on a case by case basis.   Just about every legal question in the area of divorce and family law is more complicated than the layperson contemplates.

I endeavor to give my very best to my clients and to my readers and it is my pleasure and privilege to serve you.  If you need a coaching session, advice, or representation, then please call me to set up an appointment and I will be happy to do my very best to accommodate you. 

However, the calls for free advice and assistance will be terminated professionally but quickly.  Please remember. . . I need to make a living and provide for a family as well.

My Thanks to All for Your Understanding!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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Rhode Island Divorce Attorneys - Is RI Attorney Specialization a Trick?

Are you paying close attention to the websites of Rhode Island attorneys who state that they specialize in a particular area of law?  A proper website for attorneys claiming to specialize in any area of law should include a statement similar to the following:

The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  There is no recognition of specialty and no testing or certification in Rhode Island to become recognized as a specialist in any area of law.

So how can it be that Rhode Island attorneys can call themselves "specialists" or indicate in advertising that they specialize in any area of law when they are licensed only as general practitioners by the State of Rhode Island.

Is this a trick?  Are Rhode Island attorneys duping you into thinking they are specialists when they aren't?  How can you tell who is telling you the truth and who isn't?  How can you tell who is truly competent in an area of law and who only has a passing familiarity with it?

What standard can you rely upon so that you engage good representation?

Whether you are talking about RI divorce attorneys or Rhode Island Estate Planning attorneys, it may help you to know that Rhode Island attorneys who represent that they specialize in a particular area of law are not trying to trick you.

What you need to understand as a consumer is that there are many areas of law and that attorneys often find the need to limit the areas in which they choose to practice so that they can be known for what they do.  Many attorneys want to be known as reasonably proficient in one or more areas of law.

This makes sense by design.  As a Rhode Island attorney, would you want to fall into the old phrase "jack of all trades but a master of none".  Practically speaking it is better to be proficient at, or a master of, a few areas of law rather than to know just a little of each area of law with lots of holes in your scope of knowledge.

So what is specialization? 

It is a attorney's determination that he or she has focused his or her legal knowledge in specific areas of law.  If a Rhode Island attorney says he or she specializes in a particular area of law, it means that he or she has decided to focus his or her practice in that area of law and maintain that focus.

The one question you may want to ask yourself is this.  How many areas of law can a attorney really be a master of?  If a attorney says he or she does divorce, personal injury, real estate, medical malpractice and criminal law . . . aren't these substantially different areas of law?  Depending upon how long the attorney has been practicing, it could very well be that he or she is willing to undertake cases in these areas of law, however it is possible that he or she may be a jack of these trades but a master of none of them.

Your best bet?  Know the attorney you are interviewing.  Take the time to check into the attorney.  How long has the attorney been practicing?  How many areas of law does the attorney practice in?

Though I've eliminated distraction from my law practice by engaging exclusively in the practice of divorce and family law, there are many good family attorneys in Rhode Island.  A good rule of thumb might be to ask what areas of law the attorney practices in and verify this on the attorney's website, Yellow Book Advertising and Yellow Page Advertising.  Decide for yourself, if you want a attorney who is good at divorce and family law, is the attorney you are interviewing stretched too thin between too many areas of law?

Imagine a attorney who represents that his or her office practices in 10 areas of law.  Just a thought . . . but do you want to guess which ones few they are really proficient at.  Are you willing to bet your hard earned money that the attorney's real specialty is divorce?

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2009. Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

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RI Divorce Attorneys - Contrasting Practice Philosophies

The public should be optimistic, yet concerned about a Rhode Island Divorce Attorney's philosophy.

Why?

A Rhode Island divorce Attorney's philosophy may actually be a strong indicator of whether your case goes quickly and inexpensively or seems to be drawn out and more expensive than projected by the Attorney.

Consider these two different divorce lawyers who practice domestic relations law in Rhode Island.  (The names are ficticious.)

Attorney Lucian Caltey is a businessman.  Lucian is in the business of making money and he has two children in private school.  Competition in Rhode Island for legal business is very competitive.  Mr. Caltey knows what it costs for his overhead and he knows how much it costs to meet his overhead and still make enough to meet his family bills each month.  As a Attorney and business man, Mr. Caltey has figured that he needs to obtain 16 new clients each month and that he must make at least $3,000 from each client, on average, in order to break even.  Otherwise he needs to bring in more clients or make more money on each client.

Imagine that you are a client and you engage Attorney Lucian Caltey to represent you in a divorce.  Looking directly at him, Mr. Caltey's philosophy is that you are a paycheck to him and that he must make $3,000 from you before your case ends.

How might this affect your mindset when considering this Attorney as a person to represent you in your divorce matter?  How might it effect you if you want to be equitable and amicable and try to settle the case quickly?  Does your philosophy of how you want to resolve your case clash somewhat with this Attorney's philosophy that you are just another paycheck?

Now imagine Attorney Justine Practitioner.  Justine is a businesswoman and she too is interested in making money, but Justine knows that there are already lawyers like Mr. Caltey out there.  As a business woman and Attorney, she knows that people deserve a good Attorney at a decent rate but that she knows that there are many lawyers like Mr. Caltey that already draw out cases unnecessarily.  Justine became a Attorney to help consumers, not to bilk them out of their hard earned money.  Justine's personal integrity does not allow her to become engrossed in finances so that her clients suffer for her lifestyle.  Justine knows that there are too many unknown factors in a divorce and she endeavors to make whatever income she makes by helping as many people as possible as quickly as possible.

Justine's philosophy is more like the investor who wants to purchase, improve and "flip" as many houses as he or she can for a profit in as short a time as possible and with as little aggravation as possible.

Does Justine's philosophy of how she practices law more in line with your thinking of who you might like for an attorney?

Would you rather be a client of a Attorney who's job it is to make money to survive by helping you move on as quickly as possible with as little difficulty and aggravation as possible?

This is merely a difference in law practice philosophies.

Do you want to identify the best choice of an attorney to suit you?  Try to observe the lawyers as they speak to you, what they say to you, what words they use, their attitude when they speak to you, are the surroundings humble or do they appear to shout at you about the Attorney and his or her extravagances.  Take all of the things you observe and try to determine what the Attorney's philosophy might be in practicing law.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Attorney & Family Law* Attorney

Copyright 2008. Christopher A. Pearsall
A New Rhode Island Divorce Attorney for a New Millenium!

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Vested vs. Unvested Pensions: A Rhode Island Divorce Attorney's Tip

Does either spouse in your Rhode Island have a pension that you or your attorneys need to address?

If either party in a Rhode Island divorce has a pension then there are various issues you will want to consider.  Specifically, the divorce issue we want to address here is that of "vesting." 

You can find out if your pension is vested for the purposes of your Rhode Island divorce by contacting the administrator of your pension fund and simply asking if your pension if your pension is vested or not.  You also may want to asked your pension administrator when your pension will vest (become vested) just in case the date might occur during the course of your Rhode Island Divorce proceeding.

ISSUE

The Rhode Island family court judge only has the power to order the equitable distribution of marital assets, including pensions. 

If you or your spouse has a pension that is not vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

If you or your spouse has a pension that is vested, what part of the pension, if any, is subject to the Rhode Island family court's power of equitable distribution?

ANSWERS

The only part of a vested or unvested pension that is subject to equitable distribution/division by the Rhode Island Family Court Judge is the "marital portion" of the pension.

The marital portion of any pension is dependent upon various circumstances, including (1) the length of the marriage, (2) the type of pension (civilian or military) and the laws governing it, and (3) whether the pension is vested or not.

While it may be the Rhode Island family court judge's role to determine after trial what the marital portion of the pension may be, it is the job of each spouse and his or her divorce lawyer to present to the court what part of the pension is the marital portion.  Sometimes your divorce lawyer may be able to argue that a larger portion of the pension is actually the "marital portion" if it is to your benefit to do so.  However, if there is disagreement between spouses and/or their divorce lawyers regarding the true manner in which the marital portion should be calculated, proof may be presented at trial.

Proof of the marital portion of the pension that is subject to distribution by the Rhode Island family court may require expert testimony by way of an actuary who substantiates the basis for claim and the amount of it.  Without this information, your Rhode Island divorce judge may not have sufficient information for determining the basis, amount or validity of your claim on that pension.

The issue of whether a pension is vested or not is of substantial benefit to both spouses, the court and an actuarial expert if one is necessary. 

If the pension has not vested at the time of the entry of the Final Judgment of divorce, then the pension payments themselves are not subject to distribution in the future.  Since the pension is not vested then the body (corpus) of the pension is only made up of the contributions made to the pension.  There is no entitlement to the benefits of the pension after it vests simply because a spouse may have an entitlement to a portion of the monetary contributions to the pension.

If the pension is vested prior to the entry of the Rhode Island Family Court's Final Judgment of Divorce, then the benefits of the pension itself provided by the "vesting" of the pension during the marriage are subject to distribution of the Rhode Island family court.

Thus, the family court's distribution power in Rhode island in a divorce proceeding is limited to either (1) the financial contributions made to the pension when it has not vested prior to the entry of Final Judgment of Divorce, or (2) the benefits provided by the pension when it has vested prior to the entry of Final Judgment.

Authored By:

Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce* Lawyer & Family Law* Attorney

Copyright 2008.  Christopher A. Pearsall
A New Rhode Island Divorce Lawyer for a New Millenium!

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law. Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | Legal Scholar | Pearsall Law Associates | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers

Rhode Island Divorce Lawyers - Can my 401k help?

Rhode Island Divorce Lawyer Question:

    For the sake of this question I'll call myself William.  I have a 401k that I began 10 years before I got married.  It had about $75,000 in it before Tammy and I got married.  We've been married for the past 13 years and my 401k is up to about $285,000.  I'm concerned about being able to pay my attorney's fees.  I'm also concerned because I want to keep the house my wife and I live in.  The house has been in our family for generations.  I don't think I can get a loan to buy out my wife's interest in the house because my credit isn't so good.  We have about $140,000 in equity in the house.  What can I do to save my house?  One attorney has told me that Tammy will get 1/2 of my 401k and that I can't touch my 401k monies while the divorce is pending.  This doesn't seem fair.  It looks like I'm going to lose 1/2 of everything I built.  I know Tammy is entitled to part of everything but it seems like I'm being left with no options but to lose the house and 1/2 of my 401k.  Is there anything I can do here?

    - William  (Coventry, RI)

Rhode Island Divorce Lawyers Answer:

    William, I can tell you that you have more options than you may think.  Ultimately, your 401k plan is the key to resolving your difficulties.  A 401k if much more versatile than a pension, annuity, IRA or any other investment vehicle. 

    First, Check with your 401k Plan Administrator.  Ask whether you are allowed to take a loan up to a certain percentage of your vested 401k balance.  Then confirm the amount of your vested balance and the allowable loan that you could take from your vested balance.  Loans on 401k plans are typical and are usually limited to 50% of your vested balance.

    For the sake of example let's assume this is a typical 401k plan and you can take a loan of up to 50% of your vested balance.  Based upon the numbers you have provided, I would be willing to venture a guess that you may be told that the entire $285,000 is vested and that your maximum allowed loan at 50% would be limited to $142,500.  You should also find out how much interest will be charged on whatever loan you take out and the maximum repayment period.  Of course you will be repaying yourself the interest so this is a considerable benefit to you.  Plus, you can check with your accountant to see if any of the 401k interest is potentially deductible because it is used as a buyout of your wife's interest in the real estate and adds to your adjusted basis in the property.

    Now William, there are a few things to take into consideration but careful planning will eliminate difficulty.  If you are already in the midst of a divorce then your are bound by the Automatic Orders of the Court.  These Orders prevent you from spending, hiding or doing anything out of the ordinary with any assets without the written consent of your spouse.  You may not unreasonably incur any debt that is not in the normal course of your home or running your business except for paying your attorney's fees.

At the outset this looks like it poses a massive hurdle but your case is a bit different.

The Rhode Island Family Court has the power of equitable distribution over the marital estate.  This means the marital assets and debts of the parties.  This does not include pre-marital assets.  You have already disclosed that your 401k had a value of $75,000 before you got married.  This $75,000 is a premarital asset.  These funds are yours.  Additionally, any appreciation relating solely to those $75,000 is also a non-marital asset because they are funds generated purely by virtue of a the pre-marital asset without further contribution from the parties.  Thus if over the 13 years if your 401k averaged 7% per annum return then your $75,000 has roughly appreciated to $180,738.38 making the marital portion of your 401k $285,000 minus $180,738.38 which equals $104,261.62.    The $104,261.62 should roughly be the true marital portion for distribution by the Rhode Island Family court.  It is certainly viable for you and your attorney take the position that this should be undisputed and that $180,738.38 is truly a premarital asset to which your wife is not entitled. 

If you are allowed a 50% loan to vested monies then you have in excess of $90,000 that you can take as a loan for both your attorneys' fees and to buy out your wife's interest in the house.  If your wife's share of the house equity is agreed to be $70,000 then even with poor credit you should be able to secure an equity line of credit or a refinance of the house even if you take out a loan of $40,000 and put $35,000 toward the house and rely upon $35,000 of the house equity to balance out the loan.  This also leaves you with an additional $5,000 for attorneys' fees.

If you take out a loan of $35,000 as suggested, then you still have $145,738.38 that should remain a pre-marital asset that you are entitled to claim as a pre-marital asset.

Keep in mind that this is an arguable position.  Technically, it is a judge's role to determine whether an asset is marital, non-marital, premarital or otherwise exempt from the court's equitable distribution power.  However, when the issue is as clear cut as this in accordance with the statutes, most judges will not penalize an individual for following the advice of his attorney in order to settle a matter on the judge's calendar.

If the judge disapproves of the manner in which you proceed and finds the circumstances to require the court's authority, the most likely conclusion is that the Judge will consider any disproportionate amount as an offset to your spouse against the marital estate.  However, pursuant to the Rhode Island General Laws this is an arguable position that you should be able to take and use without the written permission of the other party or an order of the court, especially if it is used in an effort to settle the case. 

However, if the funds are used for purposes other than settling the case, be prepared for the court to take more appropriate actions to punish you as an abusing party even if you are within your legal rights.

Authored By:

  Christopher A. Pearsall
Attorney-at-Law
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
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Copyright 2008.  Christopher A. Pearsall, A New Rhode Island Divorce Lawyer for a New Millenium

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Rhode Island Divorce Attorneys : Focus on the Judge's Job!

Originally the Rhode Island Family Court and divorce proceedings were part of the Rhode Island Superior Court.  Though they remained a court of superior jurisdiction, the Family Court was created to address family related matters which in and of themselves comprised a substantial number of cases focused on the specific subject of legal matters dealing with relationships, the well-being of the family unit and contracts such as marriage.

Seeing the need for a separate court to address divorces and relationships which resulted in contract-like situations, the RI General Assembly established the Rhode Island Family Court system and its underlying structure.

It is helpful and important to know that Rhode Island Divorce lawyers often deal with very emotional issues for their clients because with marriage often comes divorce - the severing of the living situation, financial dependencies the parties have with each other, the children borne of the marriage, and the assets and debts accumulated during the courts of the marriage.

It is extremely help however to understand that the RI Family Court system arose out of the Superior Courts due, in large part, to the contractual nature of marriage.

A marriage, though not viewed by many people as such, is in fact a contract.  During that contract children may be born, assets may be acquired, debts may be accumulated and one of the parties may need financial assistance to survive the dissolution of the marriage contract.

Do you want to get through your divorce and move on with your life as quickly as possible?  Then as difficult it is, put aside your emotions and think about where the judge is sitting and what he or she must do.

Imagine your case the way the judge does.  The judge sits there day in and day out hearing all kinds of saga, including emotions, hard luck stories, bitter retorts, vindictive statements, heartfelt pleas to punish the other spouse and more.  Yet the judge isn't there to be your counselor or to take the court's time so that you can say your piece just to get it off your chest and feel somewhat better just for having said it.

The judge sits on the bench in a divorce case to help the parties reach an equitable result to the dissolution to your marriage contract.   

Think about the judge's role and take the most direct result to the resolution of your divorce that is fair and reasonable or that is acceptable to you.

While the judge sits on the bench he or she has a specific role, namely to identify and deal with the important aspects of what your marriage produced.  Usually it is fairly straightforward.

1)  Minor Children
2)  Marital Assets
3)  Marital Debt
4)  A Spouse's ability to financially survive after the divorce.

While it is true that each of these items has each of its own characteristics, a divorce can reasonably be converted down into these four (4) basic elements for the purposes of understanding how you can help yourself through it.

This is simply a practical tip that will help any party to a divorce, IF, you can do it. 

1)  Put your emotions of rejection, anger, feelings of fault, depression, and all other emotions about your relationship away as much as possible when dealing with your Rhode Island Divorce Lawyer.  Why?  Because lawyers address the legal issues the court will rule on and unless they have counseling training for mental health issues, they are not the best ones to voice those concerns too.

I am not recommending that you bury your feelings or that you don't deal with them at all.  I am suggesting that you find a good psychologist, psychotherapist, individual counselor, family counselor and/or marriage counselor and talk them out, whether they be feelings about your spouse's infidelity or your own insecurity or fears.  Your emotions should be dealt with by a professional skilled in mental health and emotional issues.

2)  Focus on what the judge must deal with in your marriage.  Those are the four points I have listed above.  These are at the center of your Rhode Island divorce.   If you can remove the emotion from these points and focus on them in the order they are listed and decide upon them in the order in which they are listed then you will have the best opportunity to resolve your divorce as quickly and and effectively as possible to move on with your life.

The Rhode Island family courts are not a forum for waging vendettas and punishing your spouse for the wrongdoing you believe he or she has committed that have caused you to feel hurt or embarrassment.  Move on with your life sensibly and maintain your self-respect and dignity.  In this way, your life will grow and be enhanced much more quickly.

Life is all about change but not all change is bad.  Divorce is a big change for spouses and for children but it need not be a bad change.  Divorce is not only an ending of something you are familiar with, it is the beginning of something new, a great adventure that may bring you untold happiness without measure.

Embrace it and Live for You!

Authored By:

  Christopher A. Pearsall
RI Divorce and Family Lawyer
70 Dogwood Drive, Suite 304
West Warwick, RI 02893

Call (401) 632-6976 Now for your low-cost consultation.
from
Rhode Island's Most Affordable Divorce & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, A New Rhode Island Divorce Lawyer for a New Millenium

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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