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As a Rhode Island lawyer focusing my practice mostly on divorce coaching these days I look back upon a man who said something to me privately decades ago that perplexed me.  This man had been practicing in another state for some 40+ years.

This man was about as true, honorable and generous a gentleman as I have ever met.  He embodied everything that I saw in a good lawyer.  He truly cared about his clients.  He fought for each one of them.  Yet he did so within the bounds of the law, within the bounds of his professional ethical code, and with a high degree of morality such as I have never seen before.  The lawyer knew that I admired him and had great respect for him as both a person and as a lawyer.  

One extremely hot Tuesday afternoon this rather portly lawyer returned to his office after losing a  district court hearing.  He plopped himself down in the chair at the opposite end of the short conference room table I was sitting at in the office law library.  His secretary nervously brought him a lemonade and napkin then quickly skirted out of the room.  There was silence.  It seemed to go on forever.  Finally, I said, "I'm considering becoming a lawyer."

It lasted perhaps two seconds but it seemed like an eternity.  The lawyer lifted his  partially balding forehead, wiped his brow with the napkin then grabbed a nearby law book and flung it across his small law library.  The book smashed against a row of New Hampshire Statutes Annotated.  I heard the spine of the hardcover book tear slightly as it fell to the floor.

It was one of the first times I had ever seen this man so angry and upset.

I was quiet.  Perhaps my timing was off.  This time I kept my big mouth shut and waited until the lawyer spoke.  This is what he said.

Lawyer:  [Very Loudly though not Shouting] "I HATE LAWYERS! 

This time the pause was endless and it seemed very clear the lawyer wasn't going to say anything else.  So, I took a chance.  I was just too puzzled not to speak.

Chris:  "I don't understand.  You are a lawyer."
    
He was quiet for another period of time.  I took a chance and asked my question.

Chris:  "How can you hate lawyers when you are one?  I don't get it."

He waited quite awhile before speaking.   I was thankful that there wasn't another hardcover book within the lawyer's reach.

Lawyer:  [ A bit calmer . .  ]   I can't explain it.  You have to live it.  But I tell you Chris, if you're anything like me you'll know what I mean when you get there.

That was it.  The conversation never went further.  It was never brought up again to this date.

I've been working in the legal field now for more than 20 years after that conversation.  

As a Rhode Island lawyer I am bound by a Professional Code of Ethical Conduct and Rules of Conduct.  To some extent there are things that I can say and things, things I shouldn't say and things I am prohibited either from saying or doing.  Some of them might amaze the layperson.  I know they amaze me.  Morality and Personal Professional Ethics are another ball of wax that are completely different.

The lawyer's name (for lack of a better one just as a point of reference) was Roger.

Hopefully he's still alive and hopefully he is in tune enough with today's "internet" that he reads this article.

So after all the years that have passed I would like to address one statement to this great lawyer and then another one to you as my reader.

First, to this great lawyer.

Roger, I went down the path.  Just as you thought, I was very much like you.  Thank you for your wisdom.  Just as you thought, I understand. 

Now, to my readers I offer this.

If you have read my message to Roger then you may not understand the statement I make now until you meet with me.

"If you need a lawyer and you happen to like lawyers then chances are . . you won't like me."

With that said, I can tell you that as a Rhode Island Lawyer who has focused my practice exclusively in the area of divorce and family law, I can't make your problems go away.  They are your problems and only you can take responsibility for them and only you have the power to resolve them in your life by your own decisions.

What I can tell you is that I can help you understand and to get through your Rhode Island divorce and family law challenges by working with you as your Coach or by working for you through Representation.

Roger's words were invaluable.  Today, they are the powerful force motivating the continued growth of your coaching program.  It is a your program specifically because it is designed for you.  It is designed to teach you, train you, inform you, and save you time and money in the areas of divorce and family law.

As Your Coaching Program continues to evolve, it will continue to work faster for you, become more economical than it already is for you, become more helpful than it already is for everyone.

Whatever you choose to believe, there is one thing you can know with certainty.  I am one lawyer trying to make a difference with a new and innovative way of practice designed by my sacrifices and your willingness to be open to something new that works. 

What can Your Coaching Program Help You With?

Rhode Island Divorces & Legal Separations
Rhode Island Child Support Establishment, Modification, Collection and Termination
Rhode Island Child Custody and Child Custody Modifications
Rhode Island Petitions to Enforced Marital or Property Settlement Agreements
Preparing Pre-Nuptual Agreements and Ante-Nuptual Agreements
Petitions to Move Out of State with Minor Children
Rhode Island Motions to Modify Child Support
Petitions to Establish Paternity
Motions to Adjudge In Contempt and Defense of Contempt
Protection from Abuse Petitions and Defense Against Such Petitions
Rhode Island Motions and Petitions to Establish, Modify or Terminate Visitation
RI Common Law Divorces and their Defense
Rhode Island Legal Rights
2nd Opinions on Rhode Island Family Law Cases
and many more . . . 

Look for my testimonials section coming soon!  Call for a low-cost Coaching Session!

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!

Go to RhodeIslandDivorceCoach.com


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

Copyright 2009 to Present.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

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

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Many things can prevent a Rhode Island Divorce Case from settling.  In fact, while I cannot speak for all attorneys in other states I tend to believe that people and attorneys do not differ that much from state to state.  With that in mind, these may be the top two things that prevent divorces from settling on a national basis.


* * * The 2nd Greatest Thing that Prevents Divorce Settlements * * *


In my Rhode Island divorce practice, experience has taught me that "anger" is the second greatest contributor to the inability of parties, with or without attorneys, to reach a reasonable settlement in a divorce.


While divorce often evokes a plethora of emotions in one or both parties in a marriage, none seem as prominent or as powerful to delay and prolong the resolution of the divorce as "anger."  The anger may stem from any number of things ranging from a suddenly discovered long-term affair to a drug or gambling addiction and more.   As a divorce attorney I leave the treatment of a parties' anger to psychologists and therapists better equipped to address and treat its source and help divorcing parties deal with their mental and emotional dilemmas.


However, there is no doubt that as a divorce lawyer, I (and my colleagues) deal with the effects that the anger of either party has on the divorce proceeding.  These effects range from emotion filled meetings with angry clients who feel cheated and betrayed by their spouse to the vindictive decisions or actions of an opposing spouse with an outright desire to injure the other spouse emotionally or even physically.  


Divorce settlements are often prevented by the anger of one spouse at the other spouse.  Usually this takes the form of one or both spouses making demands in the settlement of their marriage that in some way justify the party's feelings or otherwise vindicate the spouse in some way by gaining more in the way of an apportionment of assets or less in the way of an assignment of marital debt.  Simply put this becomes a matter of getting something that makes the spouse feel that he or she "won" in some way over the other spouse.


In truth, there are no real winners in such a situation.  The anger merely costs the parties more physical, mental and emotional turmoil than is necessary and the attorneys make more money while the parties have less money in the end for their own needs.  


Even if one party views the divorce trial or settlement as a "win", it is merely an illusion.  No one wins in a divorce.  The only way to truly win is to resolve the issues you have at present and move on to a new and different future without the other person as your spouse.



* * *  The Greatest Thing that Prevents Divorce Settlements * * * 

Though there are many who may disagree with my conclusion that "making the wrong choice of divorce lawyer" is certainly not the greatest thing that prevents divorce settlements, I leave those persons to their opinion and remain steadfast in my belief that divorce lawyers are often the greatest impediment to preventing divorce settlements.


Having practiced almost exclusively as a Rhode Island divorce and family law attorney for nearly a decade I have had the opportunity to oppose countless attorneys who have represented the opposing spouse.  From the outset of my practice I noted a distinct pattern and made it a practice to listen more than I spoke, it is this practice and skill that has served me best in my divorce and family law practice.  


I have gained my most valuable knowledge by listening to divorce attorneys I have opposed in court as well as listening to others while walking through the halls of the family courts or waiting to be heard in the courtrooms.


Some Rhode Island divorce lawyers, though certainly not all, do not share my "families first" philosophy.  Clients should keep in mind that there are those attorneys who see clients merely as a paycheck.  If you were a divorce attorney with heavy personal financial burdens or with a substantial desire for increased monetary rewards and you knew that your income was dependent upon the number of clients who hire you each year and how much you earn from those clients, what might you do?


Consider each of these questions and answer them for yourself.


If your divorce case lasts longer, couldn't a divorce attorney justify earning more from your case?


If you are upset about your divorce, couldn't a Rhode Island divorce attorney aggravate what is upsetting you in order to make it more difficult and take longer to set up your case?


If your divorce attorney knows that to make his or her desired income he or she must represent X number of divorce clients each year and make $5,000 on each client, is it more likely or less likely that your divorce attorney will counsel you to agree to a reasonable settlement of your case within the first three weeks of your case?


You may draw your own conclusions.  For my part, virtually every case that I have been unable to reasonably settle within a reasonable period of time before both my client and the opposing spouse are injured by the financial burdens associated with divorce litigation have been prevented by attorneys who have placed their own interests before that of their clients.  Some of those attorneys even have an underhanded pattern of doing so such that I now warn my clients of what we are up against before we proceed further.  Attorneys who act in this way do a disservice to the legal profession and an even greater disservice to their own client.


Rhode Island divorce attorneys who act in this way are a greater prevention to the settlement of divorce cases because emotion is not intentional and can be countered by the reasonableness of a good divorce lawyer who cares about the client and places the client's interests first.  However, the intentional actions of a lawyer with his or her own interests placed before those of the client in every sense (mentally, emotionally, physically or financially), can sometimes not be prevented even by the most skilled opposing practitioner.


Ultimately, if you have significant anger regarding your divorce, it is always advisable to seek the assistance of a counselor even if you do not believe your anger is affecting your judgment.  Often, anger does, in fact, affect judgment in divorce cases to a person's detriment.  


Additionally, be aware of what your attorney is doing in your case and remain active in your communications with your attorney.  Most cases are capable of being resolved within three (3) months if the parties and attorneys act in a reasonable manner.  If it takes longer than this, speak with your attorney, speak with your spouse and if necessary, speak with your individual counselor.  You may discover that what you think is happening in your divorce case as represented by your attorney is much different than what is actually occurring.


In any divorce, be aware of your emotional state and be aware of your case and your divorce attorney's conduct.  In the end, both will serve you well in resolving your Rhode Island divorce case.

 

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!

Go to RhodeIslandDivorceCoach.com


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

Copyright 2009.  Christopher A. Pearsall, Esquire
 Offering Divorce and Family Law Coaching for a New Millenium!

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

- - Recommended Websites - -

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Divorce is Approaching . . . Can You Really Put Your Children First? 

In war, there is an acceptable rate of loss both for innocent citizens and for soldiers.    Regrettably, too many treat divorce proceedings in Rhode Island are spouses treating each other like they are at war with the enemy.  In my estimation there is no acceptable rate of loss in a divorce when it comes to children.  More particularly, what I see perhaps most commonly is that the children of the marriage become "collateral damage" because one or both spouses in the divorce are unable to exercise their intellect.  One or both spouses allow their emotions and their actions to spiral out of control, causing what may very well be irreparable damage to the children.  Though the examples are endless in this regard it takes only one example to demonstrate what I mean by this.  Rhode Island Divorce Example 1:  Bob and Gloria have two children, Derrick (age 6) and Tony (age 7).  Bob and Gloria have been married for 17 years.

Bob and Gloria have not been getting along for quite some time.  Bob tells Gloria that he wants a divorce and that he doesn't feel loved.  Gloria agrees because she doesn’t want to be married to Bob anymore but she wonders if counseling will help either of them. 

Bob tells her that he has already been going to counseling for the past 1 1/2 years and that he has thought this decision through for quite some time and that he is so unhappy that he thinks it best that they get a divorce.  Bob reassures Gloria that there isn’t “another woman” but that he simply doesn’t feel the same about their relationship anymore. 

Gloria is upset but says it is fine because she is not happy either.  She tells Bob to go ahead and file the Rhode Island Divorce and just let her know when the papers are coming.

 Bob gets a lawyer who files the divorce complaint.  Bob tells Gloria that the constable will be calling her to see when she would like to receive the divorce papers.  Gloria tells Bob that she will set up a time when their sons are at school so they are not upset and do not ask questions.  Gloria sets up a time that works for her and the constable brings the divorce papers as scheduled.

Bob thanks Gloria for being “adult about things and thinking of the children first.”  Bob thinks he and Gloria are in agreement about the divorce filing and protecting the children.  Gloria gets served on Tuesday by a very nice constable.  The constable is very kind, inconspicuous and courteous to her.  Gloria thanks the constable and then sits back on the couch for the afternoon and keeps staring at the divorce papers until it is time to pick up the children from school.  Gloria picks up the kids.  When Gloria returns home she sits back on the couch and continues staring at the divorce papers.  Derrick and Tony are playing on the living room floor right in front of the couch Gloria is sitting on when Bob gets home from work.  Bob slowly approaches Gloria who is still sitting on the couch. 

Suddenly Gloria jumps to her feet and waives the papers in his face.  The following dialogue takes place within a few feet of the kids.

THE INCIDENT


 Gloria:   [Screaming and waiving the divorce papers in Bob’s face]

“You God Damn Bastard!  You're such a coward!  You served me in my own home.  The home where our children live and sleep and grew up.  What kind of insensitive son-of-a-bitch are you.  I can't believe you're doing this to me and the kids after 17 freakin' years taking care of you.  I gave you these kids for what..... for nothing... that's what . . . because now you're divorcing us.  Derreck and Tony start crying and ask mommy to stop. “

Unfortunately Gloria is now very upset and and keeps screaming with the boys sobbing uncontrollably on the floor.

“Well I’ve had enough of your abuse over the years.  You want the house?  You can keep it.  The boys and I don’t need you.  You don’t care about us and that’s just fine.  We’ll go live in a cardboard box somewhere under a bridge in Providence or something.  I don’t need you.  The kids don’t need you and I’m going to make sure you don’t ever see the boys again so you can’t hurt us like this ever again.”

Gloria throws the divorce papers in Bob’s face.

“Don’t think I don’t know about your little playmate either.  I know that you went and found someone else.  Well if you want a whole new family with her go ahead.  I don’t want to be around you anymore and neither do the boys.  That’s it Bob.” 

Gloria stomps into the bedroom and slams the door.  Bob stands there ondering what happened, and then turns to Derreck and Tony. 

Derreck and Tony are curled up on the living room floor crying.  He brings the boys onto the couch, sits with them and holds them.  Bob reassures the boys that he is their daddy and that everything is going to be okay. He tells them that mommy is tired and things will be fine and he is always going to be part of their life.  After an hour or so the boys calm down.

COLLATERAL DAMAGE

This is only one example of how children become collateral damage from one spouse’s inability to contain emotions override common sense and at least a general concern for the minor children. 

Regrettably I’ve heard scenarios like this one repeated annually (with variations of course) for more than a decade illustrating how both husbands and wives who ‘react’ in irrational and irresponsible manners rather than taking time to consider the consequences of their actions and provide a ‘response’ controlled by reason at an appropriate time and place when the children are not present and will not be injured by their statements or actions.

As a Rhode Island Divorce lawyer in courtroom practice, I made it a point to meet with as many children of divorcing clients as I can.  I do so privately to see how the children are doing and let the children describe to me what they see, hear and how they feel.  I make sure that my clients understand that if they allow me to speak with the children that I will not disclose the information to them afterwards so the child (or children) will feel safe that if they speak truthfully with me that their will not be consequences for their trust.

I let clients know that I speak with the children only so that I can get a different perspective on what has been going on so that I may more effectively represent the client in the divorce action without damaging the children.

It comes as no surprise that incidents like the one described above occur all too frequently.

UNDERSTANDING THE DILEMA

These incidents are usually borne out of one spouse’s inability to control their own emotional reactions to a divorce proceeding.  While it can certainly be an emotionally painful experience for many people who may feel hurt or rejected, as the adults in the divorce situation, there is responsibility for parents to put aside or otherwise control their own emotional turmoil and keep it in check. 

For those that find this unrealistic in some circumstances (i.e. the husband is cheating with your best girlfriend, etc..) , I must respectfully disagree.

If you were adult enough to get married or adult enough to engage in an intimate relationship that resulted in children, then you should realize that you need to be adult enough to keep your emotions in check and protect the children you have brought into this world.

In my example, it appeared that Bob and Gloria were on the same page.  What neither Bob nor Gloria anticipated was the emotional affect the divorce and the divorce papers would have on Gloria once she actually received them.  I would have been difficult for Bob to do anything other than he did in this situation, except possibly to arrange for Derreck and Tony to stay with family members for a few days just to be on the safe side.  However, since Gloria seemed calm, that might have been taken by Gloria as a sign of distrust and made the situation worse. 

A friend and medical colleague of mine once made an observation that has stuck with me for years.  We have to have a license to practice law or medicine.  We have to have a license to get married.  We have to get a driver’s license to drive a car.  We have to get a passport to go between countries.  Yet of all the things that we are required to be trained for or get a license for, we don’t have to have any credentials, training, licensing, skills or even have an iota of common sense to become a parent.  This is sad when one considers that having children brings a new life into the world that may become tomorrow’s nobel prize winner or tomorrow’s newest serial killer . . . all of which may depend upon how well you do as a parent.

For those who are (or may be) entering a divorce or separation from someone that you are currently in (or have been in) a committed relationship with, I urge you to (1) strap your brain on, and (2) plug it in . . . before you act based upon your emotions when children are involved. 

Personally, I have seen enough children become collateral damage caused by avoidable adult stupidity simply because a parent chose to “react irrationally” and then just pawned it off on an emotional state and that they are entitled to their feelings. 

Your children don’t know what kind of "emotional state" you are in.  All your children know is that you are the stable parts of their lives that they need to be able to rely upon.  If you appear to them to be unstable by reacting irrationally, you can bring a child’s entire world to a crumbling halt, causing them to have trust, commitment, fear, anger, hostility or relationship issues for life.

If you’ve brought a life into this world, take responsibility for your actions.  Take responsibility for your child or children, financially, emotionally, physically and mentally. If you make a mistake along the way, try to make amends for it.  Do whatever you can do to prevent damage especially to young children.

Remember, having children isn’t a childhood game where you get a “do – over”.  You may only get one shot.  If you are going to get upset, angry, or throw a tantrum because you aren’t strong enough to keep your emotions “in check”, then go somewhere else and do it,  or have the children stay with someone until you can get a handle on your emotions.

You have a responsibility to the children you brought into this world.  Children do not need to become collateral damage of a parent’s inability to keep control of their emotions.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

Call (401) 632-6976 Now to Schedule Your Rhode Island Divorce Coaching Session!

Rhode Island's Full-Time Divorce Lawyer is Now
Rhode Island's Premiere Full-Time Divorce Coach
!!

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

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

- - Recommended Websites - -
Pearsall.net | AttorneyPearsall.com | Rhode Island Divorce Tips | ChristopherPearsall.com | GuaranteedWealth.com | Rhode Island Divorce Attorney | Rhode Island Divorce Lawyer | Chris Pearsall | LegalScholar.com | Pearsall-Law-Associates.com | Rhode Island Divorce Attorneys | Rhode Island Divorce Lawyers | RhodeIslandHomeBuyingTips.com | WholesaleQuiltBattingandFabrics.com

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