Rhode Island Divorce Lawyers | Affordable RI Divorce Lawyer Christopher A. Pearsall

RI Child Support - A RI Lawyer's Child Support Coaching Tip

Do you have an uncontested RI divorce in Rhode Island's Family Court?  Or do you hope for one?

It's easy to make the same mistake some Rhode Island attorneys practicing divorce make, namely that joint physical placement of your children so that you each have the child or children exactly 50% of the time means that neither parent pays child support to the other parent.

The Rhode Island Child Support Guidelines are available to everyone at the Rhode Island Family Court Domestic Relations Clerk's desk/office.  Even a quick read of Rhode Island's Guidelines is informative and would put you on notice that while it is "possible" that there would be no child support payable from either parent to the other in such circumstances, it is just as possible that child support will still be payable to the lesser earning parent in the Rhode Island divorce or Child support proceedings.

Why is that the case in Rhode Island?  

Generally speaking it's not about you as the parent, it's about the children.  In a joint physical placement situation Rhode Island's Family Court Administrative Order 2002-03 which forms the substance of the Rhode Island Child Support Guidelines provides as follows in Joint/Shared Physical Custody situations,

In light of the unique nature of an individual joint or shared physical custody arrangement, the Court should exercise its discretion to determine an equitable child support obligation in accordance with the 2002 Monthly Basic Child Support Obligations Schedule and Child Support Guideline Worksheet.

Therefore, the Rhode Island Family Court Judge assigned to your case has a considerable amount of discretion when it comes to the support for your children.  It is NOT simply that by having your child(ren) half of the time that you automatically cancel out Rhode Island child support.

So what might the Rhode Island Family Court Judge do in your particular case.  Since each case is based on the facts and no two cases are identical, there is no real prediction that I, or any other Rhode Island attorney could make regarding any child support you may or may not have to pay.  However, reasonable speculation is possible by an experienced professional who hears the facts and determines what the possibilities might hold from the court's point of view.

So, in the first instance in any Rhode Island family court proceeding involving child support under the RI Child Support Guidelines, it is best to know that (1) having joint/shared physical custody of your children with the mother of the child(ren) does not mean "No Child Support.", and (2) the Court judge on your case has discretion in determining how much child support, if any, should be paid by one parent to the other parent when considering the best interests of the Minor Child(ren), and (3) it is still helpful in the long run to meet with a divorce lawyer who regularly has practiced Rhode Island divorce and family law to find out what a Court judge might possibly do regarding Rhode Island Child Support given your particular factual circumstances for a Rhode Island Child Support Order so that you and be adequately prepared for possible outcomes.

Ultimately, don't make the mistake of thinking that simply because you get the other parent to agree to joint/shared physical custody of the child(ren) that you won't have to pay any child support.  If you make that assumption you may find yourself sitting before a Rhode Island judge who suddenly orders you to pay hundreds per month to the mother of the child(ren) and now you have to pick your chin off the floor because you planned on using those monies for something else.

Need to plan for the possibilities or prepare for the worst?  

Call for a Rhode Island Child Support Advice and Coaching Session NOW!  

One hour for only $135 could save you thousands of dollars of headaches! 

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

 

The RI Secret: You Can be Your Own Rhode Island Divorce Lawyer!

Yes, you can be your own Rhode Island Divorce lawyer.

First, you have the right to represent yourself in a legal proceeding.

Second, if your divorce isn't all that complicated then it's more than possible that you can handle it, after all if attorneys learned how to do it through law school and then through law practice then it must be achieveable, right?  Certainly!  Can you do it in every instance and still be effective?  No, most likely not because some divorce cases are just too complicated and literally require the experience the comes with practicing Rhode Island Family Law for year after year.

Yet how are you going to know if you don't give it a shot.  Should you do so without any direction whatsoever?  Frankly, I wouldn't recommend it.  Even the newest lawyers who enter the Rhode Island Family Courts want a little coaching or help from more knowledgeable practitioners.  So why don't you just do your homework, get a little legal help from a professional who has been doing this stuff for years and be your own Rhode Island Divorce Lawyer.

What might it do for you?

1.  First, you retain as much control of your case and your life as you possibly can.

2.  Second, you don't pay thousands of dollars to some man or woman that you don't know from Adam (or Eve) to hopefully protect your rights simply because you are paying them.  Thus you save money!  After all, who is better equipped to look out for your interests first and foremost than YOU!  Nobody!

3.  Third, you get a sense of accomplishment from doing something that a lawyer does.  Yes, there is a sense of pride in getting your own divorce accomplished without a lawyer.  It's like completing your own shed in your backyard without a carpenter or decorating the inside of your house so that you get kudos from the neighbors without a professional interior decorator.

So what is the secret?  Rhode Island Divorce Coaching!  That's it!  It's the help you need from a lawyer who has done this stuff when YOU need the lawyer, at a cost you can afford that is not going to break your wallet.

What's the real comparison?  Imagine this.  The typical lawyer with 12 years of experience exclusively practicing in the area of family law should be billing at a rate of $250 per hour and getting a minimum retainer of $2,500 up front to bill against.  Now consider that on average I have found that even uncontested divorces of the best kind are going to require 12 hours of a lawyers time.  That's $250 X 12 hours for a total of $3,000.

But what if I tell you that you do have a divorce that you can handle and I offer to coach you through each step.  How many steps are there you ask?  If it's truly uncontested then I've broken it down into 5 steps.  

So far 5 steps doesn't seem too bad, right?  I mean 5 isn't a big number at all.  But you are shrewd and you say but wait a minute, how much time goes into each step.  So I tell you that you need to spend an hour with me for each step.  So that isn't so bad at all, right?  5 hours of your time so you can do your own divorce and save money.  But how much money do you save?  You'd want to know, right!  Well, if it were at the correct rate of $250 for each hour then it would cost you a total of $1,250 so you'd save $1,750 now wouldn't you!  That's pretty darn good isn't it!

So there you are, waiting for that other foot to fall on this great Rhode Island Coaching Program, aren't you!  Most people would be so I wouldn't blame you one bit.

Here's the catch!  It's not $250 for each hour!  What if I told you it's only $135 per hour for you to learn how to professionally get from beginning to end in a divorce you can handle.  That is purely amazing!  It is so amazing that no other attorney will join me in doing this because they don't make enough money.

Here's the kicker!  This isn't about making a bunch of money!  This is about helping a lot more people to make the same money I would make if I charged $250.00 per hour.  You see I don't mind working harder if I know that I'm doing a good thing for people.  I want to make a difference!  Not a minor difference, but a REAL DIFFERENCE in the lives of people and what they think about lawyers.... I want people to know that there are still some good guys out here who do care about the people.

So I've become ridiculous and absurd to my colleagues!  5 sessions at $135 per session is only $675 for you to confidently go from learning about divorce to filing, through your hearing, getting the orders entered and getting divorced.  That is a savings of $2,325.00 on the easiest divorce possible!

Sound too good to be true?  Fine, sit down with me for the first hour!  Let me enlighten you about the process, the law, your rights, your options, and answer your questions and then see if you can honestly look me in the eye and tell me that another lawyer would do what I just did for you for $135.00

By the time you're done with the first hour you will be informed and have knowledge like you never believed and even if you never want to see me again beyond that first $135.00 session I guarantee you that I will have given you more information than any other family law attorney I know in a single hour.  You will be so informed that it will be virtually impossible for any lawyer that you want to hire to take advantage of you.

That cannot be beat!  In fact, if you want to you can ask me at the end of our meeting how you can save $300 to $500 off any attorney's full bill for your divorce just by doing one simple thing...all you need to do is ask!

Well, all I can do is put it out there!  My coaching clients swear by me and this program isn't offered by any other Rhode Island Attorney I know.

If you want to save a ton of money, keep control of your own case, and be your own Rhode Island Divorce Lawyer then just do this simple little thing.... get a little coaching from me . . . The Rhode Island Divorce Coach.

I look forward to helping you reach a better and brighter future!

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

Discover the Tremendous Benefits You Receive by 

Participating in Family Law Coaching Sessions!

Visit the RhodeIslandDivorceCoach.com

Call (401) 632-6976 Now
to
Schedule Your Low-Cost Rhode Island Divorce* or Family Law* Coaching Session!

Experience the Difference!

Copyright 2000 to Present.  Christopher A. Pearsall, Esquire
 Offering Rhode Island Rhode Island Divorce and Family Law Coaching for a New Millenium!

Note: If this article contains a case scenario with names, dates or amounts, any resemblance any connection to any person or situation now or previously existing is purely accidental, unintentional, and is merely a mistaken creation in the mind of the reader.

* The Rhode Island Supreme Court licenses all attorneys in the general practice of law.  The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.

- - Recommended Websites - -

Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | ChrisPearsall.com | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | Rhode Island Divorce Coach  |  RI Divorce Coach | RI Divorce Lawyer on Twitter | Rhode Island Divorce Coach on Twitter | Rhode Island Divorce Lawyer on Facebook.com| Attorney Chris Pearsall at LawGuru.com | Rhode Island Family Law Lawyer - RI Consumer Tips

Rhode Island Divorce Clients - Lawyers May Tell You Divorce Scenarios You Want to Hear!

As a Rhode Island Lawyer focusing my practice exclusively in the area of Rhode Island Divorce and Family Law, I have learned that when people come in for a consultation they want to tell me their story and they want to be told exactly what they want to hear. 

Yes, despite the fact that every divorce lawyer may not portray a realistic scenario to the potential client, clients need to realize that a lawyer may tell them exactly what they want to hear.

If you skimmed that last paragraph which was only one sentence long and you have already forgotten it, then . . . my dear reader . . .WAKE UP!

I'll repeat it because it is so crucial and I'll even be more blunt.  Some lawyers . . . to get your business . . . will tell you exactly what you want to hear!  They may give you results that are not realistic not just for your divorce case but for ANY divorce case.

Lawyers are businesspeople and they get hit by economic times too.  Without clients they don't have income.  Without income, many of them can't afford that cushy little porshe or mercedes they drive.  Without income,  they may have to consider making a late payment on their house or their summer home.  Without clients, the lifestyle a lawyer may have developed for him or herself doesn't last long.  So the lawyer needs to bring in clients. 

That may be you!  Wouldn't it be nice to go into a divorce lawyer and give him or her a quick snapshot of your life with your spouse and kids and then he or she tells you how everything is going to be fine, that they've dealt with this scenario a million times before and that if you hire them, then they will deal with all that anxiety for you and it will be over before you know it.  Imagine a lawyer telling you that all this stress you are feeling right now is needless because the lawyer is going to get you a great divorce settlement and that you should let him or her deal with it and your troubles will be over.

Now, here you are all comfortable and feeling that this lawyer is going to take care of all your divorce troubles when he tells you the cost.  If you are especially stressed out, are you likely to agree to provide him or her with a $3,500 retainer at an hourly rate of $250 per hour?  Most people will find a way to do so because the lawyer is offering a solution to divorce stress and anxiety in your personal life.  What is more painful to you?  The stress and anxiety at home or parting with a few thousand dollars.  In many instances the stress outweighs the money. 

Some, but not all lawyers will do this.  Let me give you an example that came up recently but I'll change the players and the issue itself to protect the privacy of the individual involved.

Clyde met with me for a consultation.  Clyde wanted to divorce his wife Cassie.  Clyde and Cassie had a fight and Cassie told Clyde that he could go ahead and divorce her because she'd be set for life.  Clyde didn't know what Cassie was talking about so he asked her.  "Well", Cassie snapped, "I've already been to a lawyer and he already explained to me that you're going to have to pay me alimony and I'll be doing just great and you'll be broke."  Clyde looked at her in disbelief. 

"Really?" Clyde stated in disbelief.  "Yes.", Cassie answered.  The lawyer told me that you'll have to pay me alimony "indefinitely".  Clyde answered, "I don't think that's true Cassie.  You may want to check with another lawyer."

Cassie got angrier.  "I don't need you telling me what to do.  I've already seen a lawyer and I know what is going on and my lawyer said you're going to be paying me alimony FOREVER!"

"I don't think that's how it works Cassie. So you may want to check with another Rhode Island divorce lawyer."  Clyde was urging her now.

"Nope.  I like this guy and he's told me exactly how it's going to go for you and I like that just fine.  So go ahead and serve me with the papers because I don't like the way you're handling the money as it is."

In this situation it isn't hard to see what has happened.  Cassie went to a lawyer for what was probably a free consultation and she told the lawyer what was probably only her side of the story.  The economy is hurting and the attorney figured out what Cassie wanted to hear in order to hire him as her attorney.  So the attorney painted Cassie a very rosy picture and told her exactly what she wanted to hear in order to get her as his divorce client.

Only too often this is the rule rather than the exception.

It is best to remember the old adage.  If something sounds too good to be true. . . it probably is!  The easiest way to get a divorce client is to tell him or her what they want to hear instead of being honest about the process and what may or may not occur.

If a lawyer is pressing you to engage him or her as your divorce lawyer, usually this is a warning sign.  If you don't hear a few things that put you on edge during a consultation because they cause you to worry a little, this is another warning sign.  If you hear everything you want to hear AND you are pressured into retaining the lawyer's services quickly this is a warning sign as well.

On rare occasions when there is an uncontested divorce or when the parties have good respect and communication with each other, then it is reasonable to hear everything you want to hear from the lawyer.  Otherwise, if the lawyer doesn't raise some possible issues that give you cause for concern, then you should consider whether the lawyer is just telling you what you want to hear just to get your business, especially if the lawyer stands to gain a substantial hourly rate off the arrangement.

In the end, be careful.  If you hear exactly what you want to hear when there could be issues of alimony, child support, visitation, placement, retirement plans and real estate division, then you should shop around by selecting lawyers who are known to routinely practice divorce law before the Rhode Island Family Courts.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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

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Rhode Island Divorce Lawyers explain Pre-marital Aspects of 401Ks!

Question:  Can My 401K Help Me In this Situation?

    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)

Answer:  In this situation your 401K's Versatility Could be the Key in your Rhode Island Divorce!

    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

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Uncontested RI Divorce Prices - What the . . ?

"I have a simple divorce.  We agree on everything.  What's your price for an Uncontested Divorce?"

My practice is focused almost entirely on Rhode Island family law. Every week I hear this same sentence by people trying to find the most affordable Rhode Island Divorce lawyer.

No doubt I'm going to burst a few bubbles here and perhaps even anger a few people, but I'm a lawyer who tells it like it is.

First, when you call an attorney and you say these three little sentences, here is what the translation ends up being. 

I'm shopping for an attorney because I don't think I can do this divorce myself.

I'm calling you because I'm looking for someone who is cheap. 

If you are a lawyer and you are cheap then I might hire you because any lawyer should be able to do something as simple as my divorce.

Even without any tone or inflection, this comes across as an insult, especially to a family law attorney who knows that every case is different.

It is no understatement on my part to you that these are the calls I get all week because I offer my services as Rhode Island's Most Affordable Full-Time Divorce and Family Law Lawyer.  More than 90% of the calls I get are asking, What's your price for a completely uncontested divorce?

People are lawyer shopping.  Not only do I understand that, but I encourage it.  Yet this is far from the best way to go about it.  Certainly, it is not an easy thing to find a good Rhode Island Divorce Lawyer and there is no magic book to tell you how to find a good one that offers reasonable rates. 

However, calling a bunch of Rhode Island lawyers who advertise that he or she does divorces and then asking how much he or she charges for an uncontested divorce and choosing the lowest price one because you have limited financial resources is far from the best way to get good results.

I can say with sincerity the following just as if I were saying it to one of my brothers, "It is worse to have a lawyer who doesn't know what he or she is doing in divorce and family law than it is to have no lawyer at all."

Certainly you want to price shop for an attorney, but if you engage the services of a lawyer who does not know what he or she is doing when it comes to divorce or family law then you  might as well fold your money into a paper airplane and sail it out the window.  A lawyer who is not skilled in Rhode Island divorce and family law may quickly and easily give you a telephone quote for an uncontested divorce because he or she does not handle them frequently and simply wants to get some money "in the door".  Most attorneys have overhead expenses to pay after all.

Yet I digress.  This article is not about how to select a Rhode Island Divorce and Family Law Lawyer.  Rather, this article is about understanding that a good Rhode Island Divorce and Family Law Lawyer will not simply quote a a price to you over the phone. 

Why? 

Because good Rhode Island divorce lawyers know that 9+ out of 10 people who call will say that they have an uncontested divorce when the divorce lawyer who practices enough before the family court knows that only about 1 in 20 cases is truly uncontested from the outset and that this can only be determined with any degree of certainty after a detailed consultation and question and answer session with the prospective client.

If you get anything out of this article, I hope that it is this sentence. 

Every divorce case is different.

Those of us who choose to practice as Rhode Island Divorce lawyers know the intricacies that plague each of the cases.  We have honed our skills and our minds to identify the present issues, tax consequences, future medical issues and much more so that you can rely upon our advice and give you solid legal representation.   A good Rhode Island divorce lawyer knows that family law is always changing and that as much as we may try we are not always "up to the moment" on every case that has been ruled upon.  A true professional when it comes to divorce and family law will state with confidence that  he or she would prefer not to give you advice on a particular issue until he or she has checked into the latest cases on the issue. 

No lawyer is expected to know everything on any subject.  However, a good lawyer working within his or her primary practice focus will take prudent steps to insure that the correct advice is given to anyone he or she is speaking to.

So, what's my price of an uncontested divorce?  I have none.  I make it a rule not to quote prices over the phone because as I have said, I know that every divorce is different.  All lawyers are not the same.  Some have chosen to focus their practice in an area of law.  If you are going to hire a Rhode Island lawyer for your divorce or other family law matter, then take the time to meet with and screen each lawyer.

If you just want to hire the cheapest attorney possible, then just call a lawyers who just finished law school, has passed the Rhode Island Bar Examination and was just sworn in before the Rhode Island Supreme Court.  Why do that if you want CHEAP?  That lawyer is hungry for income and clients to start his or her new career.  Then, chances are better than not that you can just waive goodbye as your money goes out the door as you pay for a lawyer who probably doesn't have the slightest idea what they are doing in family court or perhaps where it is located.

I'll say it again and I can't stress this enough.

Every divorce is different.

More than 9+ people out of 10 who call me will say they have a completely uncontested divorce.  Yet only 1 out of 20 of those callers actually do have an uncontested divorce.

When trying to get a price for your divorce, the attorney will know if your divorce is likely to be considered uncontested or not, BUT only after a detailed consultation and explanation of your rights to you.  Without that, most people only state they have an uncontested divorce because they think that they do or they want it to be uncontested OR because they believe that by asking for the uncontested rate they can just hire the attorney at the cheapest possible cost and then deal with any additional cost later.

Consider this analogy and perhaps you won't be so offended or you will understand when a professional Rhode Island divorce lawyer tells you that he or she is unable to quote you a rate for your divorce over the telephone.

ANALOGY

Let's say that you call up up a department store to get a price on spark plugs for your car, the call center must switch you to the department that focuses on that specialty product right?  So you have to get to the department that carries that product.  This is just like finding a true divorce lawyer in the midst of all the thousands of lawyers in Rhode Island.  Fortunately, it's much easier because the call center person knows that there is a specific department for that and just shunts your call to the Automotive Department.

When the Automotive Assistant picks up the telephone, you ask how much it costs for the cheapest spark plugs for a basic Chevrolet.

Can the Automotive assistant tell you the correct price without asking you more questions when the store carries (4) 4 brands of spark plugs for all different makes and models of cars and trucks? 

No.  The automotive assistant can't help you at all without asking you more detailed questions.  In fact, without more information the automotive assistant may not even carry the spark plugs you need. 

Fairly similar, right? 

What's your price for an uncontested divorce? 

and

What's your price for the cheapest spark plugs for a Chevrolet?

In fact, the automotive assistant may have to take quite some time with you on the telephone asking you about the Model, YEAR, Number of Doors, Engine Size and other information in order to figure out which spark plugs would even fit your car for ONE BRAND!  Then he or she may have to do the same for all four (4) brands to see what fits, what is available and what its cost is.  Then, finally the automotive assistant might be able to tell you what the cheapest one that fits your car is that they have in stock.  This is pretty similar to a full consultation with a divorce lawyer don't you think.  He or she has to ask you the questions that he or she knows to ask to find out what is needed for your case just as the automotive assistant needs the information to find out what spark plugs fit your needs.

Now, what happens.   You are dealing with an inexperienced lawyer who thinks he or she knows the questions to ask.  Yet isn't he or she really just like an inexperienced automotive assistant who is some poor kid just out of college trying to figure out what to do with his life and is working in the automotive department for minimum wage?  What if the automotive assistant is wrong andgives you the wrong spark plugs and you try to use them into your car.  After all, you relied on the automotive assistant's knowledge, right?   And a spark plug is just a spark plug, isn't it?

Well, you can guess what could happen.  You could blow the engine and make it unusable.  You couldstrip the spark plug threads requiring retapping of the treads at substantial cost.  You could ruin the ignition timing so the timing needs to be redone, perhaps the replacement of the timing belt, engine damage, etc . . .   

So you paid the cheapest price on spark plugs from someone who you expected to know what they were doing and you have a ton of headaches. 

Do you think the automotive assistant or the department store is going to be responsible for those headaches or your costs?  Do you think they will be able to reverse the damage that was done?  Nope.  Too late.  You should have gone to a specialist who might have told you which spark plugs were correct or you might have been told that the cheapest ones will only cause you costly headaches down the road and that the middle priced spark plugs are much better for your needs.

Ultimately, some attorneys may have a fixed price for an uncontested divorce.  They may, in fact, be cheaper than everyone else, including me, but that doesn't mean that they are the best for your situation, nor does it mean that they even care about your situation, or what happens to you if you follow their advice and it happens to be a bit off. 

Unfortunately, though readers may not wish to hear this, getting a price on what you state as an uncontested divorce is not the same as buying a small, black coffee at the Dunkin Donuts drive through.  This is divorce law.  It is complicated and it changes frequently.  Without knowing all the details a good family law attorney can't properly give you a price. 

If you call an attorney and simply get a set price on the telephone for a retainer and hourly fees and you haven't discussed with the attorney any aspects of your situation or your case or your life then I have only one word for you . . .

NEXT!

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 & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, Entrepreneur and Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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RI Family Lawyers and Contempt Motions

In my opinion, family lawyers in Rhode Island need to do two things for the benefit of their clients. 

First, a good family lawyer needs to distinguish between technical contempt and willful contempt.  The two are fairly easily to distinguish.

Willful contempt occurs when admissible evidence can be proven before the family court judge demonstrating that a party knew of a court order and despite the ability to comply with that order chose not to do so or opted to do something that the party felt was in his or her own best interests or the best interests of his or her family despite an order to the contrary.

Technical contempt occurs when the evidence presented to the court proves that a party subject to an order of the court does not comply with that order because he or she does not have the means or the power to comply with the courts order. 

It is the nature of the non-compliance that designates what type of contempt it is.  Does  the person have the ability to comply with the Order or not?  If the person has the ability to comply with the Family Court Order but does not do so then the contempt is likely to be found to be willful.  If the person accused of the contempt did not have the ability to comply with the order as a result of circumstances outside his or her control then the Order should normally be one of technical contempt.

The distinction is more than nominal.  The distinction is often very significant as is the manner in which your Rhode Island Attorney deals with it.  In most cases, clients will not know, understand or appreciate the distinction between these types of contempt and how they may be viewed by the court.;

In cases of willful contempt, the court is more likely to award attorneys' fees to the prevailing party if in the court's discretion such an award is warranted.  In cases of technical contempt, awards of attorneys' fees are rare.  In some instances if it appears clear to the judge that the party pressing the contempt motion was aware it was a technical contempt, the judge may be upset with counsel for wasting the court's time or may be upset with the attorney's client if it becomes clear from the evidence presented that the party pressed this motion knowing it was merely a technical violation and did not create a risk of harm that the Order was designed to protect.

In most cases I believe it appropriate to identify for the client the pros and the cons of proceeding with a motion for contempt when it may be seen by the court as purely technical.  Insistent clients who try to force their counsel to proceed on a matter that may damage the client's credibility with the court and perhaps damage their attorney's reputation for the remainder of the case are best read the riot act and the consequences clearly explained to them.  An outright refusal of an attorney to proceed under such circumstances is understandable and justified, though many attorneys will not do so for risk of losing the client's business.

In the end, despite the good judgment of counsel, sometimes clients need to give direction to their counsel, have their day in court, and take their lumps before they catch on to the fact that their attorney may know best what to do in a particular situation as a result of his or her experience and expertise.

Authored By:

  Christopher A. Pearsall
Money Making Entrepreneur and 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 & Family Law* Attorney
now
100% Digital and Virtual!

Copyright 2008.  Christopher A. Pearsall, Internet Entrepreneur and Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
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Rhode Island's Most Affordable Divorce Lawyer converts to a Virtual Office!

It's no secret that Rhode Island divorce lawyers and lawyers in general have a poor reputation with the public.  Strangely I was surprised by a very unique telephone call the other day.  The call was from a person in the midst of a divorce and his concerns seem to puzzle me even as I write this article.

I had been planning to go to what I refer to as a "Virtual Office" concept in about 8 months with my law practice which is dedicated almost exclusively to Rhode Island divorce and family law issues. 

However, as gas prices rose to new heights and Rhode Island was declared to be in an official recession it became imperative that I accelerate my plans and convert my divorce practice to a "Virtual Office" concept this month rather than waiting for my full transition to occur on the gradual basis I had planned.

I reached my decision after reviewing the needs of the Rhode Island community as a whole and balancing various financial factors relating to practice costs and expenses as against and weighing it with the and the significant adjustments I would have to make to implement this new and beneficial concept for my clients.

This Virtual Office concept is bound to raise some questions by those who have not embraced technology as a means to save them time and money.  I expected that.  After all, it is concept I have been developing for the past three (3) years by listening to other attorneys, attending seminars and researching the benefits to my clients of harnessing technology driven business solutions.  To my knowledge I am the only Rhode Island Divorce Lawyer who has taken the concept to this degree.

Though complete transposition of my Rhode Island divorce practice will still not be fully effective for another six to eight months, the benefits both for me and for my clients are more immediate and nothing short of staggering.

Yet in the same instance a call I received from a prospective client recently gave me a glimpse of the concerns clients will have despite the benefits clients receive some of which are virtually unbelievable (no pun intended) as compared to the traditional practitioners who cling tightly to typewriters, secretaries, paper files and computerless office structures!

I received a call from a gentleman who was in the midst of a divorce but was questioning whether he chose the right attorney.  This by itself is not surprising, it happens frequently especially when retainer funds appear to last a short period of time in comparison to the client's expectations.

In this case the gentleman was being charged $200 per hour which is roughly the going rate for an attorney experienced in the practice of law and particularly in the practice of divorce law.  However, this gentleman expressed that he was six (6) to eight weeks into his case and he believed that roughly $4,000 or sot had been expended on his case.  The gentleman stated that numerous petty issues had come up and his attorney was trying to deal with them through letters and phone calls but that his attorney seemed to be stonewalled (for lack of a better term) by the opposing counsel. 

The crux of this man's call was whether this was common, whether he was getting reasonably accurate advice and whether he should get another lawyer.  I explained to him that it was not necessarily common that various minor issues would become so costly early on in the case but that it could happen.  We discussed the advice that he was given, matters which are confidential and therefore will not be mentioned here, and whether he should retain another attorney because of the cost.  I explained to the gentleman that I understood his frustration and was unfamiliar with the lawyer he had chosen but that at $200 per hour it only took 5 hours of the attorney's time to go through $1,000 of his retainer and that 20 hours spent on a divorce case was not unreasonable at the going rate for experienced attorneys.

Then the man asked me what I do and what makes me different.  This was the first time a prospective client had actually asked me about my Virtual Office concept and what it entailed.  Needless to say, though I was excited about explaining my office concept the client was skeptical because the rate the client was paying would be substantially lower than what he was currently being charged. 

The explanation went something like this.  For the sake of discussion let's assume the man's name is Jared.

What I've done here Jared is nothing short of eliminating my overhead and then harnessing technology to do the work for me.  I have no secretary so my client's don't have to pay for one.  I work out of a home office where I have everything I need.  You get telephone access just like any other traditional attorney.  I have a dedicated fax line just like any other attorney.  I have email that is checked 5 to 10 times per day if not more and clients can get
hold of me.  I have high speed broadband internet access for legal research, email and soon  dedicated website tools will allow my clients so receive documents on their case literally within hours and sometimes even minutes after I receive them by mail or when I send documents to the court.  This eliminates 90% of postage costs, envelopes, toner and even paper supplies.  Clients can interact with me on the telephone and it doesn't cost them any more on an hourly basis because I absorb the costs, even if they are long distance.

Several months from now, if people don't know how to use these services, I intend to have live streaming tutorials that can take them through it step by step.  My clients can see me interact regarding their case if I send them a video message or see my picture on one of my websites while talking to me.

Jared was concerned.  He felt his matter deserved a more personal approach and he wanted to be able to come to an office and meet with his attorney.  I explained that I was in the process of finalizing arrangements with a local colleage to utilize a spare room for those clients who wanted a traditional sit down meeting and that was certainly possible because I realized that for some clients this might be too much of a shift.

Jared expressed that he wasn't really comfortable with the whole Virtual Office concept because he didn't see his attorney as a real attorney with an office and a sign on the door.  In the end Jared said, it sounds too good to be true and if it sounds that way, it usually is.  I continued to explain.

Jared, my concept isn't for everyone.  I'm an innovator and though I could take this innovation and keep my rates the same, I've chosen not to do that.  It doesn't help people if I do that.  All it would do is put money in my pocket.  Don't get me wrong.  We could all used a little more money.  Yet people are hurting right now.  They are hurting for money and if they are going to go through a divorce they are hurting both financially and emotionally.  I know plenty of attorneys who have told me I'll fail at this.  Why?  Here I am
using the best of technology, cutting my rates to such an extent that you tell me it looks too good to be true.  Well, people can't have it both ways.  You can hire an experienced lawyer with tons of overhead expenses and pay $200, $300 or even $350 an hour and all you are doing is paying the attorneys' expenses and putting extra money in his or her pocket to support a fancier lifestyle with a BMW or a Mercedes, OR you can hire a new breed of attorney, one who is not only experienced, but who has taken technology to its very limits and give you a rate and payment blocks that the other traditional lawyers laugh about.

I've been through a divorce.  I know what the rates are.  I know the players and I'm an innovator.  I've done this for my present clients and my future clients and if the truth be told, I've been doing most of it for the past year but still paying all the expenses for a physical office with extra amenities so client's feel comfortable.  In the end, clients are more secure with me than they are going into the nice office I just shut down.  Why, because they pay for me and my experience.  They don't get nickel and dimed for every little thing.  They know from day one what to expect and I don't let them down.

I'm a Rhode Island attorney, yet I've had clients in and from Texas, Florida, Costa Rica, Virginia, Connecticut, New Hampshire, Indiana, Massachusetts, California, Maine, the Dominican Republic, Virginia and more.  They reach out to me because harnessing the power of technology works great for them.  So why not Rhode Islanders?  Why not save $12 on the gas it costs you to drive to a physical office in Cranston or elsewhere in the state when you don't have to.  My Virtual Office concept puts money back in your pocket, not mine.  I cut my rates.  I cut my expenses.  I cut my  lifestyle.  Why?  Because people deserve affordable and experienced divorce lawyers.

I'm giving back to the community not because I have to, but because I've been there and I want to.  Divorce is hard enough, you don't need to go broke on attorneys too.

Jared, I want you to take a day and think about whether you want a new attorney or not and whether you feel comfortable with me and what we've discussed today.  I'm not a sales person and I don't beg for anyone's business.  If you want to hire me, great!  I'm in your corner.  If you want to remain with your current attorney then I wish you my very best and I hope you get through this and end up with a great life ahead of you.

Jared thanked me, said "It still sounds too good to be true.", and said he would consider it.

My only question (though long and drawn out) is this? 

Does what I offer sound too good to be true because attorneys are expected to charge huge rates and ask for large retainers, OR do people really think its  worth paying their attorney an extra $100, $200 or even $250 per hour not for their legal expertise but rather for their attorney to pay for the upkeep on a fancy office, a top notch secretary, an office manager, a water cooler, their utilities, legal research services, a billing coordinator, a paralegal, an accountant, an IT Specialist to keep their computers running, and a person to maintain their landscaping outside the building?

 

Authored By:

  Christopher A. Pearsall, Esquire
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, Attorney-at-Law

*The Rhode Island Supreme Court licenses all attorneys in the general practice of law.
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com |
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