Just a Lawyer in Lincoln's Hometown

February 14, 2011

The Best Client

Filed under: Uncategorized — Chuck @ 6:00 am
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On occasion I wonder what clients think lawyers do for a living. Mrs. X hired me to prosecute her divorce action against that no-good, cheating Bas*rd she was married to. Had to dig deep into her financials, investigate the claims of adultery (since she would not agree to move forward with a more innocuous claim), look into the child custody issues, etc. Spent a good long time doing all the preliminary work and drafting the petition for Dissolution, Petition for Temporary Relief, and some unique discovery. I had her in, reviewed all the material with her, told her what else needed doing, and got her OK to file.

Literally hours before filing, I got the call that she was getting back together with her husband.

Getting back together is a good thing.

But then she said, “When do I get my money back?” We discussed the matter, but I never moved her past “but you didn’t do anything for me.”

I give up.

Chuck from Watson Law, LLC

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November 11, 2010

Oh Man! It aint right!

Filed under: Employment Law — Chuck @ 1:00 am
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Oh man! It aint right! All I did was tell the truth. And this lawyer says I can’t do anything. I oughta be able to sue the b_st_rd. He fired me for no good reason.

The newbie manager came to my line, and said that I had to change what I was doing. He said that if I ratcheted the framistat to the left instead of the right my plastic wrap machine would work twice as good. Well he was wrong. I’ve been working my machine for a whole month now, ever since I dropped out of school. Just because he’s a manager doesn’t mean he knows what he’s doing.

And I told him. After all, I’ve got a right to free speech, don’t I! Its in the constitution!

I told him idea was stupid. This newbie wasn’t going to tell me what to do. I told him his idea was stupid, wouldn’t work, and I wasn’t gonna do it. And you know what he did? He canned me!!

Well I know my rights, so I went to this lawyer. But he said I don’t have the right to tell my boss that he is stupid and I wasn’t going to do what he told me. He said that was insubordination and the boss could fire me if he wanted.

It ain’t right!

FromChuck from Watson Law, LLC

October 20, 2010

Ya gotta be hurt

Filed under: Employment Law — Chuck @ 5:24 pm
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Five people in one day – a new record – call asking me to sue their employer. NOT ONE HAD LOST A DIME!
One – just one – had any legal theory at all, and that person just wasn’t hurt. In any way. Unless you count dashed hopes of making it rich.

Chuck from Watson Law, LLC

October 16, 2010

Relying on clients? Its allowed.

Filed under: Other Law I want to pontificate about — Chuck @ 12:15 pm
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Just read an article about a bankruptcy lawyer who at the meeting of creditors had to back pedal so fast he should have fallen on his butt. Turns out that on one of the forms his client had filled out under penalty of perjury , indicated that he had no personal expenses. When the trustee asked about it, he indicated that he lived with his parents. So the trustee opined that all of the client’s income would be available to pay his creditors. Now the client and the lawyer had to back pedal, and fast.

It’s obvious to me that the client was trying to game the system — or was so dense that he couldn’t understand the forms. In any case the lawyer should have seen that something was wrong. As lawyers we cannot simply be form fillers. If a client with a house, car, children, etc fills out a form indicating that she has no expenses, – the lawyer MUST question it. When there is a glaring error like that the lawyer and her staff have to raise questions.

But what about when a client says he spends $500 on food each month when in fact he spends $400? Or claims that there are no judgement against him, when in fact an unreported judgement exists in some other state? Or that she has disclosed all of her assets, when in fact valuable, but hidden, personal property exists? Is the lawyer responsible for these client mistakes (misrepresentations)? Does the lawyer have to spend all of his (usually) small flat fee searching high cost databases, searching the client’s home, or traveling to clerk’s and recorder’s office all over? I think not!

At some point lawyers have to be allowed to rely on the client’s assertions. Any lawyer worth her salt will tell, nay demand, that the client tell the truth. Clients need to be impressed with the fact that the documents they sign are signed under oath. Lawyers have to challenge anything suspicious and take reasonable precautions to determine that the client’s tale is true. But in the final analysis, a lawyer just has to trust his client.

Chuck from Watson Law, LLC

October 13, 2010

You don’t need a lawyer

Filed under: Family Law — Chuck @ 1:00 am
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Wrong!!!

I recently ran some numbers (much to the annoyance of She Who Runs The Numbers), about how much of my family law revenue comes from post-judgement matters. By this I am talking about change of custody, visitation, child-support, etc. The number are running close to 40%

Many of these post-judgment matters could have been avoided if competent counsel had spent the time in the original divorce to get things right. When there is no lawyer in the underlying case the overworked domestic judges will often let agreements that as loose as goose S__t get by. Six months, a year, two years later . . . Here I come to pick up the pieces.

If you have children, retirement accounts, a business or retirement accounts, you need a lawyer!

I don’t care if you have an agreement or not. At minimum, you need to have a lawyer look the agreement over to see if there are immediate problems, or matters that will probably arise under the current agreement. Lawyers who do a lot of family law have seen a lot of cases over the years. You have, if you are unlucky in love, seen a couple. Give the person who has seen hundreds a chance.

It’s not insurance, but its close. While no lawyer can anticipate all future problems, but will almost always think of more than you!

Chuck from Watson Law, LLC

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