Divorce For Men, Manage Your Case, Manage Your Lawyer, and Win Your Divorce

Divorce for men is not always a fair process, women have an advantage in divorce court and you have to deal with it. OK, say that you’ve found a divorce lawyer and he’s telling you what is best, he’s telling you what to do. Wouldn’t it be better if you understood the divorce process and could contribute to it? Wouldn’t it be better if you knew the strategies that work best? Strategies that will keep you from sacrificing things that you hold dear? Yes, you really can lose it all, do you really want to outsource your divorce?

Your lawyer is going to cover a lot of different items about your divorce and it can make your head spin. On the other hand if you prepare yourself and understand the process you will not only already know what he is saying but you don’t have to accept it on blind faith, rather you can contribute winning strategies. You see divorce lawyers are busy people, often what they do is cookie cutter procedures and processes from the other cases they have handled. Sometimes they are just lazy, other times they are so busy that they have to take these short cuts but you don’t have to let them.

By learning the process and learning how divorce lawyers work, you can learn to manage them and manage your case. Understand what is happening and simply do not allow any shortcut that is not part of a winning strategy. Simple sentences in the divorce decree can cost you a lot of money unless you understand them and phrase them to serve you and not your soon to be Ex wife. Sometimes these mistakes are irreversible this is another reason that you need to be an active part of your divorce.

By being a part of the process and managing your lawyer, you will also be able to understand all the fees that your lawyer will charge you. You’ll be able to spot if you are being overcharged or not. All in all, you will be able to make wiser decisions and put in place strategies that will help you win your divorce. You won’t need to go to bed at night wondering what is going on and is the case being handled in the best way. You want to learn the process so you understand what is the best way to go in your divorce.

Finally learn to manage your self and your emotions so that you expect a positive result. This will help you handle yourself in the most effective way when you hit the stress points. All of these things will save you a lot of money, keep you from making life altering mistakes, and allow you to win your divorce.

What Services Does a Good Criminal Lawyer Provide?

A person under investigation for criminal offending is in a substantial period of vulnerability and disadvantage. Many people have no background of offending, and may experience enormous embarrassment and fear at the prospect of facing court to respond to a charge. It may also be difficult to obtain a referral to a good criminal lawyerfrom family, friends, or professional colleagues in the way you could seek a referral to a good accountant or conveyancing firm. For these reasons, it is important to undertake some research to find a legitimate, ethical and competent criminal defense lawyer for your particular needs. This article summarises the types of services provided by criminal defense lawyers.

Criminal law is complex and involves research, background knowledge, and strategy. It is important to instruct a criminal law firm which employs lawyers with many years of experience in preparing and arguing cases before the courts. As in any other area of law, your interests will be best protected if you engage criminal lawyers, not necessarily your local lawyer who dabbles in many unrelated areas of law. The Law Institute of Victoria administers an Accredited Specialisation scheme including specialisation in criminal law, which is an assurance of quality. Your lawyer will be fully appraised on the relevant law, whether the client had been arrested for a simple drug possession, drink driving offences, a bank robbery, firearms offences, white collar crimes, fraud, rape or murder.

Criminal defence lawyers are involved in assisting with strategy at the earliest stages of investigation. This may involve providing advice before a person is interviewed by police or other investigators. They can also provide referrals to other specialists such as psychologists, or drug and alcohol counsellors, if the need arises. The strategy employed will minimise your exposure to adverse consequences to the greatest extent possible in the circumstances of the client’s case.

Once a person is charged, your lawyer will take full instructions as to the criminal charges, and provide advice on pleading guilty or not guilty. Ordinarily, your lawyer can obtain the full brief of evidence and will then provide advice as to the significance of each aspect of the evidence.

Your lawyers can negotiate for the withdrawal or substitution of charges, and will prepare the matter extensively before the case proceeds in court. If the matter is to proceed as a plea of guilty to some or all of the charges, the strategy will involve advice as to likely penalties and consideration of what material should be led by way of mitigation of penalty. This ensures that an appropriate penalty is imposed in all of the circumstances of the case.

If the matter is to proceed to trial, the lawyer will build a defence around the client’s instructions, and organise for the attendance of witnesses, and obtain second opinions from expert witnesses if necessary.

The main advantage of engaging good at the earliest possible stage is knowing that your interests and reputation are in the safest of hands at a difficult time.

Hurdles You Should Expect Once You Appoint a Military Lawyer to Fight Your Case

Unlike a civilian case where you might just have to contend fighting the opposing lawyer, a case against you by the military will pit you against the entire might of the armed forces. Although you should certainly hire your own lawyer to fight on your behalf, here are a few hurdles you should expect once you appoint a Military Lawyer to fight your case.

Although the armed forces follow very strict discipline in all aspects, when it comes to prosecuting their own they do turn extremely aggressive. The simple reason is that they have been trained to win at all costs and this results in a lot of legal aggression from their side in a bid to bulldoze any resistance and quickly win the case. The first move that a military court or prosecutors might make is to deny any extension as regards to time so that you or your lawyer will hardly have any time to prepare your case related to Article 32, court martial, or any other type of case.

The lawyers belonging to the Judge Advocate General or JAG of the respective armed forces might also try to outnumber your sole Military Lawyer in a bid to intimidate him or her. You might also find yourself charged with several additional charges that might simply be one charge reworded in several ways so as to confuse you and keep you mentally flustered. An efficient lawyer from your side can aggressively fight back to get most of those charges dismissed while building up a solid defense at the same time.

Just like civilian lawyers from the prosecution, lawyers that represent the armed forces might also try to gather witnesses to testify against you by using temptation or fear as a tool to turn them against you. It will be upon your lawyer to tear apart those witnesses’ testimonies and to uncover the actual story. The armed forces might also try to rope in other government agencies to dig up your past in an attempt to sway the case in their favor. Your lawyer might also face several restrictions in terms of communicating with the media or trying to introduce new witnesses into the case. In other words, your lawyer might usually have to fight your case with one hand tied behind the back and you have to be sure that your lawyer can fight equally well with his or her other hand.

What you need is an experienced lawyer that knows all about the strategies that will be adopted by the military’s lawyers. This will help you and your lawyer to remain ready in advance with a counter-strategy to fight back. Your lawyer should also be ready for short time notices, arrival of unannounced witnesses and the use of never-ending resources to defeat you. It would certainly help if your lawyer was an ex-JAG lawyer or had a thorough knowledge on the strategy used by the armed forces in trying to convict alleged offenders.

Once you run afoul of the armed forces then you should be ready to expect swift and legally painful action on the part of their lawyers. On the other hand, you can defend yourself with the help of an equally aggressive and capable Military Lawyer that can hit back with the same legal ferociousness so as to defend your case in the best possible manner.

When Should You Look Into Coaching For Lawyers?

I recently visited a friend of mine who has her own law firm. I was extremely happy for her. She took a huge and fruitful step in her career. She has a lot to be proud of. Yet, I was a bit concerned about her at the same time. She has only been out on her own for three months and already looks ragged, hardly sleeps, and is becoming very forgetful. She jokes about the amounts of stress she is under and how she has to take sleeping pills to get some rest.

She is a really good example of someone who should look into coaching for lawyers. As a lawyer life coach, I quickly realized several issues that were affecting both her personal and professional life.

Delegation. Delegation seems to be a bad word to a lot of lawyers. Let’s face it. A lot of us have controlling personalities that make it very difficult to delegate. On top of that, liability is an ever-present issue. Still, there are specific tasks that you can and should delegate to get more available time for yourself to do what you enjoy most or what gets you most clients and profit. How are your delegation skills? What exactly do you delegate right now at your firm? You should look into coaching for lawyers to learn new ways to delegate.
Systems. A lot of law firms seem to re-invent the wheel every week. The partners at these law firms are prime candidates for coaching for lawyers. Their firms have very few databases and no policy manuals teaching their staff and associates what is expected of them and where to find information and resources within the firm. These firms tend to have unhappy employees and high turnovers. Being given that little guidance, it’s no surprise that associates wouldn’t want to work in that type of environment for long. What systems do you have in place right now?
Clientele. To succeed as a Firm, you’ve got to have clients. A Law firm is a business just like any other. To run it properly, you’ve got to implement business development strategies that work. The problem is we didn’t learn these business skills in law school. Coaching for lawyers is a very good remedy for this situation. You’ve got to have strategies for client attraction and client retention. Without these strategies, your Firm will not be in good health. It will not be a long term and successful endeavor. Tell me, how do you attract clients? How do you retain them? Do you know what ratio of clients stay with your firm for longer than one case? Do you have specific strategies that have consistently worked for client development? How do you teach these to your staff and associates.
Simply focusing on the three issues above can catapult your Firm’s potential for success and long term profit. You can learn these techniques and more through coaching for lawyers and training for lawyers.

Sonia Gallagher is a Cetified Life Coach for lawyers, an attorney, and consultant. She works with lawyers that are ready to find fulfillment in the legal profession, steer the direction of their professional lives, and create lasting changes in self-limiting behaviors and patterns. She is also a consultant to law firms that want to get more clients, more profits, and more free time. Schedule a complimentary coaching session with Sonia today to experience the benefits of coaching first hand.

Foreclosure Defense Strategy – Clients in Search of a New Paradigm

Documentary Clearing House and Associates (“DCH”) has pioneered a new strategy for attorneys who defend foreclosure cases. To date, DCH has produced three motions to assist attorneys implement the new strategy.

Viewed from afar, the short, unpleasant history of foreclosure during the last three years presents a sorry spectacle. Far too many judges in foreclosure proceedings have stopped behaving like judges and instead become advocates for the foreclosure mills. The parties that foreclose continue to ignore and avoid alternate dispute resolutions.

The government’s efforts to stem the tide of foreclosure and encourage alternate dispute resolutions have been feckless and dissipated. Most people being foreclosed have not discharged their legal obligation to defend themselves. Instead, many if not most foreclosure cases go to summary judgment uncontested. The resulting assault upon American homeownership has been systemic and overwhelming.

Many homeowners in foreclosure believe that legal representation is unaffordable. Unable to make monthly mortgage payments, they conclude that they have no means to hire a lawyer. The public sector which defends people who cannot afford a lawyer has been unable to mount an effective counter- response to foreclosure.

Too much time has been spent on tactics; too little time has been spent on strategy. Foreclosure defense is preoccupied with finding omissions, defects and deficiencies. The tactics tend to show that a rule has been violated.

Too many courts are inclined to forgive and forget. The courts dream up notions such as finding the non-compliance merely “technical” or that the foreclosure is within the “four corners of the loan agreement”.

DCH is calling for a change in strategy. What is needed is a new strategy which is effective and affordable. DCH’s new motion addresses both these requirements.

1. Employ generic defenses to make defense against foreclosure affordable to most of those facing foreclosure.

Instead of a case specific defense custom designed to meet the unique questions of fact and law unique to each case, a defense which most clients confronted by foreclosure can ill afford, DCH is providing pleadings and discovery where one size fits all. DCH is creating generic defenses. The foreclosure mills have declared war on defaulting mortgagors. The cost effective response to litigation filed by the foreclosure mills is counter-measures from a defense mill. DCH provides the bullets for attorneys to fire. By putting foreclosure one the assembly line, every client can afford to retain his or her own hired gun in a foreclosure battle..

There is a conundrum caused by the litigation protocol used in defense litigation to represent clients in foreclosure: It is effective and counterproductive at the same time. Lawyers are taught to approach each case as unique and upon its own merits. We are also taught to employ tactics to complicate the other side’s case and discover damaging information. Lawyers also try to use discovery to find errors and omissions in the other side’s case. A proficient litigator wages war upon the other side with motions, depositions, production of documents, interrogatories and requests for admissions and stipulations. Attorneys are taught that litigation cases are won and lost in pretrial preparation. Many believe that a successful outcome is predicated upon pre-trial strategy. Such tactics are p[art of the litigation protocol and have over time proven themselves to be effective and productive.

The problem lies neither with the tactics nor the strategy. Lawyers approach a litigation case like a tailor making a custom suit. Each case is entitled to receive its unique defense to custom fit the facts and law applicable to the case. The problem when it comes to foreclosure cases is the client. A client who cannot make mortgage payment can ill afford a custom suit. One reason so many cases go to uncontested adjudication is that the client has no way to pay for a custom tailored defense. Three of the four major areas for defense- a defective or fraudulent note, the provenance of the note and consumer protection and consumer fraud statutes and regulations- require an extensive proof of facts. No matter how meritorious the defense, it is not serviceable if a client cannot financially afford it.

Too many foreclosure defendants find themselves between a rock and a hard place. They lack the money required for a custom tailored defense; they cannot obtain legal services pro bono publico; and there are no neighborhood services available for which the defendants qualify financially. Many of these defendants wind up having to appear pro se and lack the ability to do so. A trained attorney litigating against a lay person is an unfair contest for which the lay person is ill equipped to succeed. For every individual who can manage competently to defend against foreclosure, there are countless scores who cannot. Compelled by foreclosure to defend themselves and unable to do so, these homeowners are buried by the judicial system without having a day in court before they lose their homes.

Under these circumstances, lawyers must begin to consider a different strategy. Maybe if a client cannot afford a custom suit, it behooves counsel to take a suit off the rack. To accommodate a wider base of foreclosure defense cases, it is necessary to develop and implement generic strategies where one size fits all. Such strategies would not be dependent upon the facts, circumstances and laws unique to each case. Instead, such a strategy would be dependent upon facts, circumstances and laws which a large number of foreclosure cases have in common.

In this connection, DCH has concluded that the fourth area of defense, securitization, provides a uniquely fruitful field for generic defenses. Factors common to and endemic in all securitizations of mortgages are vulnerable to attack in cases after case where a mortgage has been securitized. A one size fits all defense tactic which is replicable in case after case becomes exponentially more cost effective than a client specific, one time use defense.

The foreclosure mills have stolen a march on the mortgage defense bar. The client base of the foreclosure mill is determined to foreclose at the lowest possible expense. Accordingly they have provided a large number of cases at a fixed rate of compensation per case. This has caused the foreclosure mills to put foreclosure on the assembly line. The tendency to file the same pleadings in case after case irrespective of the facts of the case has led to untold abuses of foreclosure. Nonetheless, by treating foreclosure pleadings as scalable, the foreclosure mills achieve the economies of scale. This serves to reduce the average cost per case.

Defense counsel can succeed by following the example of the foreclosure mills. Instead of custom designed defense, counsel must substitute off the rack, scalable defenses. Such a change in strategy opens up a new and different set of tactics. To date, DCH has produced two motions attacking securitization. One argues that the mortgage is unenforceable. The second argue that the mortgage note is unenforceable. Both apply to any mortgage which has been securitized. DCH has developed a third motion to use in Florida which asserts that the trust is unregistered and therefore unenforceable. All three motions are generic and are not unique to a specific case.

2. Proactively anticipate and address the concern of most judges regarding unjust enrichment if the debtor prevails in a foreclosure defense.

What the courts are saying is that foreclosure defenses as presented defend the indefensible. That a creditor should forfeit the loan because of a technical defect is an inequitable outcome. The debtor is not entitled to an unearned windfall which is precisely the result for which the defense consistently argues. So long as nullification of the debt is the outcome if defendant wins, defendants will continue to lose. Defendants will not succeed in overturning foreclosures unless and until defendants explicitly seek a remedy other than cancellation of the debt.

To succeed, a defense against foreclosure cannot be a one way ticket to a free lunch for the debtor. Most judges will not render a judgment they deem to have an inequitable outcome. Unjust enrichment of the debtor from an undeserved windfall often is used as a rationale which justifies disregarding defects in the foreclosure proceedings. Most judges believe that the debtor borrowed and received the money and should be obligated to repay the loan.

DCH’s most recent motion explicitly states that if the motion is granted, the court should use its equitable authority to declare a constructive trust or constructive mortgage and afford defendant a viable opportunity to effect an alternate dispute resolution. In short, instead of leaving the decision concerning modification at the sole discretion of the parties controlling the securitization, the court would now makes its own determination and more equitably protect the rights of all parties concerned. This affords the defense the proactive opportunity to address the issue of unjust enrichment. It also allows the court order an alternate dispute resolution where the outcome would reduce the loss inflicted upon the creditor.

The judicial choice is not limited to either conferring a windfall upon a defaulted “deadbeat” or allowing large financial institutions to flout existing laws. There is no reason that the note does not properly evidence a debt which has not been paid-even if the note holder is not evident.

Even if the note is legally unenforceable, the court may declare a constructive trust. The court can declare a constructive trust or constructive mortgage and assure payment of the trust and certificate holders. As a constructive trust or mortgage, the court may impose conditions. For example:

(a) Review foreclosure fees and charges.
(b) Consider compliance with consumer protection laws and avoidance of consumer fraud. Where damages have been suffered by the debtor, the court may allow a set-off.
(c) The Court may order mandatory mediation or arbitration.
(d) The Court may modify in any way deemed equitable and appropriate, the mortgage to enable the debtor to make timely payments and the creditor to recover payment of the debt.

The court may consider a wide range of modifications to the note to allow an alternate dispute resolution. This would go a long way to mitigating financial loss to the creditor and moving foreclosure from a first resort to a last recourse.

3. In an adversarial system the person sued is under a legal obligation to defend against the cause of action. Every person in foreclosure requires a competent legal defense; and an affordable legal defense is available.

Our adversarial system of justice legally obligates a person who is sued to appear and defend. A defendant who fails to appear and defend loses the case by default. In civil proceedings, the law provides each defendant only with the opportunity to defend, not a defense. Judges preside to hear a case and make judgment. The judge does not represent or defend the rights of the party filing suit or the defendant. It is shocking and saddening to realize how many Adult Americans do not realize and understand their legal obligation to defend when they are sued. Such ignorance is a function of an inadequate educational system and an indifferent media.

The avalanche of foreclosures resulting by adjudication in uncontested cases demonstrates how many homeowners fail to realize that they have an opportunity, duty and obligation to appear and defend against foreclosure. The message is lot that effective, affordable and realistic defense of foreclosure has the highest likelihood of achieving an alternate dispute resolution whose consequences to the debtor are significantly preferable to foreclosure.

The members of the bar who want to defend clients against foreclosure need to get out a message. Every person in foreclosure requires a competent legal defense; and an affordable legal defense is available. Most families in foreclosure believe they are helpless victims, overwhelmed by forces beyond their control. The foreclosure mills are posed to exploit this state of mind.

A different message needs to be published and widely disseminated. Most people today have learned that with the advances in modern medicine it is far better to treat a disease than succumb to it. The same principal applies to defense against foreclosure. Most people, however, are unaware that affordable “treatments” for foreclosure ailments are available.

There are many public spirited people, including members of the bar, who have selflessly given their times and work product to enable individuals to act pro se and represent themselves. In many places, people in foreclosure are invited to participate in symposia which are aimed at educating defaulting debtors regarding their rights and remedies. To the extent these programs educate the public about the choices and expectations relating to foreclosure of a home, they perform a valuable public service. The non-profit mortgage counseling conducted by HUD affiliated counselors is an excellent example of public education about debtor’s options and choices in foreclosure.

To the extent, these symposia try to empower a debtor to defend pro se against counsel from a foreclosure mill, the undertaking is an exercise in futility. The average homeowner is unable to effectively defend against a foreclosure in a judicial proceeding. Busy, overworked judges have no patience with quixotic tyros tilting against windmills.

4. Use asymmetric defense tactics to thwart foreclosure mills.

The profitability of foreclosure mill operations is a function of the number of cases resulting in uncontested foreclosure. For these operations, time is money. The less time allocated to successful adjudication of a case, given the fact that compensation is capped, the more profitable. Conversely, the more time required to prosecute a case, the less profitable it becomes. DCH’s motions to dismiss require opposing counsel to do extensive, time consuming legal research. A response will consume substantial legal resources and billable hours which are not billable.

In defending a foreclosure, every attorney should have an off the shelf, standardized discovery package. Where a mortgage is securitized, DCH is working on a discovery package of requests for production of documents, requests for admissions and interrogatories, motions to compel answers and production if required, document checklists and annotations and notes explaining why a specific document is required or question needs to be answered.

The ultimate goal is to bring down the cost of legal care, just like health care, to make it affordable to one and all.

Conclusion

DCH is respectfully calling for a change in foreclosure defense strategy by implementing the following tactics:

1. Employ generic defenses to make defense against foreclosure affordable to most of those facing foreclosure.
2. Proactively anticipate and address the concern of most judges regarding unjust enrichment if the debtor prevails in a foreclosure defense.
3. In an adversarial system the person sued is under a legal obligation to defend against the cause of action. Every person in foreclosure requires a competent legal defense; and an affordable legal defense is available.
4. Use asymmetric defense tactics to thwart foreclosure mills.

For more information contact:

Richard F. Kessler

Documentary Clearing House and Associates, LLC.

The Advantage of Retaining a Criminal Lawyer

There are two types of criminal offences in Canada, each with its own procedural phases: summary conviction offences and indictable offences. Most offences are dual procedure, or hybrid. This means that the Crown Attorney can elect to prosecute either by way of summary conviction or by indictment.

Summary Conviction Offences

These offences generally carry a sentence up to a maximum of six months imprisonment, with some exceptions. There are two procedural phases: pre-trial and trial, and an experienced Criminal Defence Lawyer can employ different strategies applicable to each phase.

The pre-trial phase consists of three procedural steps:

1) Obtaining complete disclosure of all the evidence from the Crown Attorney;
2) a Crown Pre-Trial meeting; and
3) a Judicial Pre-Trial.

When facing charges in the Toronto Courts, initial disclosure provided during the first or second court appearance is, in most cases, incomplete. A Criminal Defence Lawyer will carefully review all disclosure and make a second or third request for additional materials which appear to be missing from the disclosure package. These additional materials almost always turn out to be helpful to the client’s case. Once complete disclosure has been obtained, the Criminal Defence Lawyer will review the materials with the client before proceeding to the next step.

In Toronto, a Criminal Defence Lawyer will schedule a pre-trial meeting with the Crown Attorney. An effective strategy for the Criminal Defence Lawyer is to fully canvass all the issues and identify any weaknesses in the Crown’s case. In some cases, the Crown would then consider reducing or withdrawing the charges.

A Judicial Pre-Trial is a meeting conducted before a Judge with both the Crown Attorney and the Criminal Defence Lawyer present and, in Toronto, can be scheduled in most cases. An effective strategy for an experienced Criminal Defence Lawyer is to take this opportunity to again argue any weaknesses in the Crown’s case and encourage the Judge to confront the Crown for the purpose of reviewing whether the charges should be reduced or withdrawn. As well, the Crown may indicate a sentencing position on an early guilty plea and this would also be discussed with the Judge. Once the issues have been narrowed down, and if a trial is to proceed, then there is a discussion of how many witnesses are expected to be called and how long the trial is likely to be.

Once the pre-trial phase is completed, the Criminal Defence Lawyer will discuss trial strategies with the client and obtain instructions to set a trial date. In Toronto, the trial would be conducted in one of the five courthouses of the Ontario Court of Justice.

Indictable Offences

These are the more serious offences, which can carry a maximum sentence from two years to life imprisonment. Most indictable offences provide the opportunity for the Criminal Defence Lawyer to elect to have a preliminary hearing before a Judge in the Ontario Court of Justice, which is conducted after the pre-trial phase and before the trial phase. In Toronto, there are five Ontario Court of Justice courthouses where criminal cases are heard: Old City Hall, College Park, Scarborough Court and two in North York. Similar to a trial, the Crown calls its witnesses and the Criminal Defence Lawyer has the opportunity to cross-examine each witness. There is no plea of guilty or not guilty, and there is no finding of guilty or not guilty. Instead, the Judge must decide whether there is sufficient evidence to go to trial in the Superior Court of Justice, located in downtown Toronto on University Avenue, which only deals with indictable offences.

This is a good opportunity for an experienced Criminal Defence Lawyer to test the Crown’s evidence and expose the weaknesses in the Crown’s case. If the Judge decides that there is insufficient evidence for a trial, then the charges are dismissed and the client is free to go. If a trial is to proceed, then the evidence given by the witnesses during their examination and cross-examination at the preliminary hearing can be used against them at trial by the Criminal Defence Lawyer.

To effectively represent a client facing criminal charges in Toronto, an experienced Criminal Defence Lawyer will take advantage of all of these opportunities to successfully dispose of the charges throughout all phases of the case.

Copyright © 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.

Do You Have an Exit Strategy?

As a former Big Law corporate lawyer, I can confirm that a significant amount of associate energy inside of Big Law is spent discussing “exit strategies.”

From almost day one, there is an acknowledgment among young lawyers that only a small percentage of the incoming lawyers will stay beyond even a few years, and then a smaller percentage still will stay to become a partner. Of course, the longer one stays, the harder it is to imagine leaving-the combination of high pay and job security can be increasingly compelling over time.

That brings me back to exit strategies. Nearly every Big Law lawyer knows that an exit strategy is critical, and yet for most, that’s about as far as they get. With the recent dramatic shift that is occurring in Big Law, it now seems imperative to create one. In essence, it is wiser to be ready to jump than to be pushed without a plan in place.

But it perhaps seems harder than ever to craft an exit strategy. Some of the more obvious options (go in-house, work for the government, teach law school) are truly out of reach for the foreseeable future. While this might sound like fairly terrible news, the truth is that every accomplished Big Law lawyer can still create a solid exit strategy. It is a process of stepping back and thinking creatively about what value you bring to the world outside of legal practice. The possible answers to that question are nearly limitless.

The real trick to it all is timing-it is much more powerful to create an exit strategy before you need it. As Louis Pasteur said, “chance favors the prepared mind.”

Marketing For Hispanic and Latino Lawyers and Law Firms

Rafael and Marta are attorneys and work together in a law firm that practices family law. Like many lawyers, their practice involves representing individuals who need their services to solve a problem. They specialize in marketing to the Hispanic community. They make a good living but are not creating wealth through their business. Their story is the same as most lawyers. They bill by the hour and their income is therefore limited on a practical basis to the number of hours worked every week. Just as importantly, their income is also dependent on how many hours they work each week. If they don’t work, they don’t make any money. If they work less (or have less work available), they make less money. Likewise if they work more, they make more money.

Most of their clients come to them to solve a single problem and therefore represent a single transaction with little or no repeat business. That circumstance is an offshoot of the type of business that they are pursuing, family law. They focus on divorce work and most of their clients, thankfully are not repeat customers.

A constant challenge in their firm is acquiring new clients. Although both are the primary cogs in generating new business for the firm, they are also the primary cogs in the operation of their client attraction system. Like many other lawyers, they find that when they have time to market, they are able to fill their pipeline with new business. They then are tied up handling that new business and do not have time to market for new business.

They do the same thing that most attorneys in their situation do. They have a large yellow pages ad under the theory that people getting divorced will look to the yellow pages for a lawyer. What a great way to find a lawyer! Their ads look just about the same as every other lawyer’s ad and are just as expensive.

They also get referrals from their friends and other lawyers. They have worked at developing relationships with the people who will come in contact with people at the time they are looking for a divorce lawyer. This system has worked fairly well and they have had a steady clientele for some time. They also have a very good reputation.

They still have a major problem. Being busy with clients all the time still is not getting them any type of financial independence. They do well but they cannot make enough extra money to truly create wealth.

Their business starts all over again every month. They find new clients, service the clients, pay the bills, and then start all over again. Marta has joked that she wished she had become a singer so that she could just cash her royalty checks and occasionally record new songs. There is no passive income in their law firm as it is structured.

Rafael is also concerned about their exit strategy. Although they are only in their early forties, they struggle with saving enough to provide for retirement. He has known far too many lawyers who could never quit. They lived well and had good income, far better than most people, but like most people, most of the income was spent on living well. So retirement is a question mark. He also wonders what will happen to the firm they have built. They have tried to hire new lawyers and train them. What they found was that they then had a third job as trainer, in addition to marketer and worker. As a result, they have not developed other attorneys who might become the purchasers of their practice as an exit strategy. There is another problem with that scenario in that the income of the practice is dependent upon their being at their desks or in court every day. The only thing they really have to sell is the income stream from their billable hours. Unless another lawyer buys the practice to gain access to their clients and billings (and takes over their desks and court appearances), there really is nothing to sell except their jobs. Their law firm, structured as it is, is not a business, it is really just two jobs. The market for selling jobs is very limited and not very lucrative.

They both know Diego who used to practice family law. He now works from his home, having closed his practice. Over lunch the other day, Diego told them that he had started a non-law business as his exit strategy part-time several years ago. He wanted an income stream that was not dependent on the number of hours that he worked and did not require him to fight with people every day. Curious about how that would work, they have scheduled another lunch with Diego to find out how an Hispanic attorney can start their own business and make more than they were making as a lawyer.

Lawyer Website Marketing – A Need For Legal Firms

Lawyer website marketing helps a law firm to launch a better internet presence. It is vital for the law practitioners to list the services of some web marketing consultant who specializes in the promotional marketing for lawyers to assist them with their marketing efforts.

Every individual lawyer is in need of a distinct marketing plan. Single strategy cannot apply to all the lawyers. For example, a senior lawyer needs a different strategy to be applied in terms of lawyer website marketing, while a new lawyer who has just entered the legal business needs something else.

Every law firm is ought to be prepared for the new advertising components to be added to the lawyer website marketing plan. A legal representative can gain immensely through proper utilization of the techniques of content management so as to keep the content of his website fresh and interesting and such that it appeals to the client’s eye.

Lawyer website marketing must also have the interaction element incorporated in it. It should not just be a website but should also have some blog posts, forums, or some social media website or tool that the law firm can access. Moreover, the techniques used must clearly meet with the needs of a legal website. Internet presence depends largely on the abilities of the legal practitioner’s marketing capabilities to stay up to date in the field. Lawyer website marketing also relies on the advices given by experts specializing in advertising through various forms so as to remain current in the Search engine optimization results.

Improved internet presence also improves the brand awareness for a law firm. Legal firms should therefore make use of some services of the website design firms that specialize in lawyer website marketing to achieve the desired addressees.

Efficient internet marketing firms can help law practitioners to get a customized design for their brand. Several law firms may require different types of campaigning strategies for their publicity. The law firm must be able to design website marketing strategies which are not only successful, but are even receptive to the attorney’s wants and corporate goals.

Working With Professional Lawyers Towards Efficient and Expedient DUI Case Resolution

If you have been charged with driving under influence offense, you could be searching for a criminal defense lawyer in your area who has the knowledge and power to help you settle your case. If this event involved an auto accident or lead to substantial damages or injuries, you most definitely called the police to the scene and filed a police report. As many cases have it, every little detail must be carefully recorded, regardless of the fact whether you know you are at fault for driving after consuming alcohol or completely innocent.

If the fact of driving under influence has been established and recorded by the police officer when you got stopped, do not release any unnecessary details or information when asked – the first thing you should do is search for and contact a qualified attorney capable of handling this potentially criminal case professionally, especially if there is a hearing pending or required.

During the first meeting in the attorney’s office, a free consultation is provided in order to go over and clarify all of the relevant details regarding DUI violation incident. Various options will become available after going through this information and discussing them with the lawyer.

The lawyer handling your case will decide based on the review if the DUI case can be successfully handled or whether the chances of successful defense are slim and more work needs to be done as far as finding a legitimate base for defense. If the case is dealing with the other party’s fault and injuries or damages were caused to the client because of the DUI occurrence, the lawyer will be able to talk with you and tell what you could request as a claim and what kind of compensation you are entitled to as a victim of this experience caused my other party’s unlawful behavior or negligence.

Depending on the circumstance surrounding the case as well as the ultimate goals you contacting attorney for and case you are trying to resolve, many outcomes are possible, so the detailed framework and plan of action will be a function of particular circumstances and nature of DUI that lead to the car accident, damages or personal injuries and affected your rights or created legal charges against you.

The severity of the legal liability and punishment or compensation also varies based on circumstantial evidence presented to the judge or (and, at other times and in more serious cases, to the jury) and will result in different types of actions and strategies of the attorney working on your case. As far as the law is concerned, the attorney firm has the best ways at their disposal to offer services in order to deal with the legal system and suggest to you the best possible way to successfully handle this case no matter what the level of complexity is. Regardless of the expected outcome, such as when it is defense strategy or trying to get compensated when being the victim of the DUI incident. The law firm attorney or attorneys will be able to come up with the best representation and solution strategy to help you.

It is important to remember that driving under influence case usually involve many aspects of laws and regulations for the lawyers to take into account to be prepared for the hearing. The chances of successful defense or claim settlement are very low when you try to act on your own. Ramifications of wrongly conducted defense strategy can be severe and impact not only your driving record and financial freedom, but also lead to legal complications if you do not work with a professional on finding resolution from the very early stages.