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Tag: Divorce Lawyers

More Bad PR For Divorce Lawyers

More Bad PR For Divorce Lawyers

Posted on March 14, 2018October 30, 2020 by James Larson

Have you seen the results of a survey published by Onlydads.org and Onlymums.org about the cost of divorce? Interesting stuff.

Divorce LawyersUndertaken by researcher Kim Tasso, the survey’s findings – albeit derived from a small sample – point to poor satisfaction levels with divorce lawyers. Such sentiment is barely out of the headlines: two week’s ago the Legal Ombudsman published a report slamming service levels and pricing due to the sheer volume and nature of the complaints it received.

On a smaller scale, Kim Tasso’s survey sample was made up of over two-thirds men with half of all respondents earning between $25,000 and $50,000 per annum. Over three-quarters of respondents used a solicitor with just over a third saying they used a mediator.

But it was the price of divorce that caught our eye: 27% indicated that they paid over $30,000 for their divorce with the same percentage paying between $10,000 and $30,000. That means the cost of divorce (by which we take to mean legal fees) was in excess of $10,000 for more than half of respondents.

While these cases could have been high conflict and not suited to either mediation or collaborative approaches, it is nevertheless telling that 71% of respondents said they were not given information about alternative methods of divorce. And a whopping 93% indicated that they were not offered a fixed fee.

DivorceAs the author concludes in the report’s executive summary: “Whilst it is a small sample, the cost of divorce for these people does appear to be out of balance with their incomes. What is of concern is that the cost of divorce prevented the majority from obtaining the legal advice that they needed, that fixed fees and alternative methods were not provided to most of them and that there was a high level of dissatisfaction with the legal service received.”

While the findings are sobering, we’re not surprised that fixed fees weren’t offered or that costs may have escalated. This is the nature of an open-ended negotiation-led process that may or may not end in litigation. On an hourly rate, it is the client that takes all the risk. Fixing the fee for lawyer-led negotiations effectively inverts the relationship, leaving the lawyer to shoulder all the risk. But why do so when the very process of lawyer-led negotiation prevents practitioners from knowing how easy or difficult the case will be?

Equally relevant is the fact that most divorcees are one-time shoppers making a distressed purchase. They’re not seasoned negotiators prepared to hammer out a framework deal with their would-be lawyer at the end of an options meeting. Most just want to know where they stand and what to do next?

Divorce AttorneyWe think survey results of this kind reinforce the notion of a market failure. In essence, one-time shoppers and the absence of customer feedback loops result in no pressure to innovate on the part of the family lawyer. They’re simply not at risk.

Until now that is. Given the withdrawal of legal aid from lawyers for most private family law matters, there ought to be a lot of senior legal aid solicitors up and down the USA wondering how to replace lost income? While some might chase more public law work or choose early retirement, the answer surely lies in attracting private clients through innovation.

If only it was as simple as “going fixed fee” or “discounting hourly rates”. Alas, it also has to make commercial sense. Rather, it’s about pricing demand for sought after legal expertise that manifests commercial savvy. It’s about learning – if not embracing – to work in a different way. It could mean structured partnerships with mediators or branding oneself as an out and out collaborative specialist.

It’s a creative space is survival and we believe lawyer-supported mediation could be a clever step forward for many a legal aid San Diego divorce lawyer contemplating life after April. But then we would say that, wouldn’t we!

 

Divorce With Dialogue

3) Divorce With Dialogue

Posted on March 1, 2018October 30, 2020 by James Larson

Rod Stewart’s cover of “I don’t want to talk about it” poignantly sums up how so many ex-partners feel before, during and following a relationship breakdown.

This is perfectly understandable; divorce or separation can be among the lowest periods in life. And where children are involved an inability to communicate with each other can make the journey from ex-partner to co-parent especially difficult.

Family MediatorIt’s a perennial reminder that people approaching divorce and separation require a range of support spanning the legal, practical and emotional. This isn’t to be found in the family courts or the pre-litigation process that paves the way.

And while no one – even a judge – can insist that former partners start communicating, it is nevertheless that flicker of dialogue – however fragile or impaired – that lawyersupportedmediation.com is always willing to mobilize around.

But why? It’s simple really. If over time dialogue between parties can be nurtured and incorporated into the separation or divorce process then we believe the prospects for reaching a settlement both parties can live with are at their greatest. It’s a sentiment shared by our network of San Diego -based senior lawyers and recommended family mediators.

Being able to express your needs and concerns about the future in the context of child arrangements and/or the separation of finances manifests the beginnings of a negotiation process. Of course, it may still end in stalemate (in which case the courtroom still provides an appropriate recourse) but more often than not parties reach full or partial agreement by co-owning the negotiation process and jointly choosing the pace of discussion.

For lawyersupportedmediation.com, meeting the needs of clients who share an underlying willingness to reach agreement, but need some help communicating, has its roots in combining the professional expertise of both lawyer and family mediator.

family mediatorsWe call this approach lawyer-supported mediation and we really believe clients get the best of both worlds. As you’d expect, there’s no substitute for a trusted adviser able to dispense the legal advice you need to make informed decisions about your future. That’s why we only work with senior family lawyers that understand the importance of dialogue. And when choosing lawyer-supported mediation, you’ll each have the option of instructing the same lawyers on fixed fee terms – extremely rare in legal circles.

While this provides some welcome certainty around costs, your lawyer remains a partisan adviser and won’t meet your ex-partner. As such, they’re not always best placed to help both parties focus on each other’s – or their children’s – perspectives of the issues. But this is exactly what’s needed if a dialogue-driven process is to work.

In contrast, a family mediator is impartial and by default meets with you and your ex-partner at the same time, a huge advantage when it comes to encouraging communication and planning for the future.

Above all, lawyer-supported mediation demonstrates that no one professional – be it lawyer or mediator – is best placed to deliver on all your needs. It’s about providing access to the appropriate expert at the appropriate time.

And we’d like to start by making one of our network of senior lawyers and a recommended mediator available to speak with you free of charge. Each will listen to your circumstances and suggest an appropriate way forward. It may well be lawyer-supported mediation but there are other options that might suit you better.

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