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Do you have a Rhode Island divorce that you would like to settle amicably, economically and as quickly as possible?  If so, you may have an uncontested divorce.

So what do you need to be wary of? 

Simply put, hiring the wrong uncontested divorce lawyer!

You would think it would be easier, wouldn't you?  Of course you would!  After all, in an uncontested divorce the parties are more agreeable and they don't want things to be a battle.  That should mean that it makes less work for your uncontested divorce lawyer, right?

Logic would make you think that an uncontested divorce would cost less if you hire any lawyer in Rhode Island.  Sadly, it's not always the case.

Now, I want you to know that there are good lawyers in Rhode Island who will treat your uncontested divorce properly and make a real effort to settle your divorce exactly as you want it . . . amicably, economically and as quickly as possible. 

Regrettably this is not true for all lawyers who might handle your uncontested RI divorce.  As a divorce practitioner I try to maximize my time when I am in court.  Typically I am found working on another client's case to maximize my time before the Judge takes the bench or when the Judge has left the bench to hear conferences or for the morning or afternoon break.  Most of this time is spent trying to block out the chatter of other lawyers when I'm doing this.  However, many times some of it seeps in because of the nature of the conversation.

I overheard a conversation in which one lawyer determined how much it would cost for the lawyer's yearly trips abroad, the cost for payments on the lawyer's summer home, the cost of private school for the lawyer's children and other costs the lawyer had to pay.  What forced its way into my workday as I waited for my conference time with the Judge was the lawyer's statement that he/she had to bring in X number of clients each month and had to make $4,000 off each client in order to make the lawyer's desired income for the year.  The lawyers conversing with each other did not differentiate between a contested case or an uncontested case.  The lawyer's goal was simply to make $4,000 off each client regardless of the circumstances.

If you had an uncontested divorce in Rhode Island and you happened to interview the lawyer in this conversation, and you wanted an amicable, economical divorce as quickly as possible . . . would you want to know the lawyer's underlying financial goals for himself or herself?  Would you hire that lawyer if you knew that the lawyer's expectation was that the lawyer make $4,000 from you by the time your case was completed?

This is the danger Rhode Islanders and others going before the Rhode Island Family Court System and seeking an uncontested Rhode Island Divorce need to be aware of.

In one case I have represented a client whose husband engaged a lawyer who in my professional opinion is without scruples and has little concern for anything other than money.  Very shortly into the case the spouses began to be very amicable with one another.

I always make it a practice to encourage parties to be amicable and to speak with one another to resolve their issues if they are able to do so because it is not only in their own best interests but leads to a faster and less expensive divorce.  The husband apparently came to the conclusion that his divorce lawyer was not interested in being amicable or in being thrifty and the husband decided to terminate his lawyer and work out what would be an uncontested divorce with his wife.

What ensued, to my understanding, was nothing short of reprehensible to any person of moral conduct.  The lawyer supposedly improperly stated that the client could not terminate him and that the lawyer would have to file a motion and go to court and this would cost him another $600 for the court appearance plus the time he had already spent.  After what I can only presume was some form of bullying by using what I suspect to be incorrect information to his own client, the husband provided more funds to the lawyer via a post dated check.  Although the lawyer knew funds were not yet available to cover the check, the lawyer rushed to the bank and deposited it at the earliest possibility.  The husband's own lawyer then threatened that if the funds did not clear that he would "come after him" or "call the police".

Would you want this lawyer to represent you?  Would you really think this lawyer was truly representing your best interests in your divorce? 

The end result?  The husband was apparently so afraid by his own lawyer's threates that he would be sued or arrested that he did not fire the lawyer.  Somehow the husband came to believe that the consequences of terminating his lawyer would be greater than simply going through the process with the lawyer.

If you think this is an isolated lawyer and an isolated case, I must regrettably say that you would be incorrect.  While in my humble opinion this is certainly a case of unethical conduct by a lawyer who professes to look out for the client's interests until they discover otherwise, it is not an isolated incident.

All you need to do is pick up the Rhode Island Providence Journal Bulletin to see the stories about lawyers embezzling funds from clients, misusing funds, and other inappropriate conduct that often lead to lawyers being suspended or disbarred to know how important it is to find the right lawyer, especially if you are seeking an uncontested divorce.

Where do you start?

Have at least three consultations (preferably 5) with lawyers known for practicing divorce law regularly in the Rhode Island Family Court System?   Many lawyers offer free consultations.  Go ahead and take advantage of their free offer.  Note how much time you get with the lawyer.  See whether they start talking about themselves first or if they concentrate on your needs first.  Do they take the time to truly listen?  By the time you leave each consultation, make a note if each lawyer has given you any legal tips, points, or advice that you could use even if you didn't decide to hire that lawyer or if you decided to try to represent yourself.

Lastly, consider putting me on your list of divorce lawyers to see.  Now while I stopped offering the "free consultations" that my colleagues choose to offer because of the abuse of "free consultations", I charge only a nominal fee for my time.  Ultimately I have not had one person who was unhappy with the consultation and the vast majority of people want to hire me but sometimes I have to turn people away so that I can give all my clients the attention they deserve.

No matter what, you don't go away empty handed.  You leave your consultation with solid legal advice and information you can use to help and protect yourself.  Plus, I might just be able to help you get to a good attorney who, not unlike me, will have your best interests at heart.

A divorce lawyer should be guiding you to a better tomorrow, not forcing you into bankruptcy with expensive fees and costs.  You may find that all you need is a little help from me as a Rhode Island Divorce Coach and you'll be on your way to a better tomorrow.

We all come to points in our lives that give us cause for pause in our every day regimen.  Today was one of those days as I encountered a Family Law Attorney who failed to object to motions and only at the last minute feigned illness so that he would not have to attend court.  Conveniently, this attorney has used this same tactic each and every time my client was going to get an opportunity to be heard on rather serious and crucial motions. 

This tactic was used to the detriment of my client who for 2 1/2 years has been attempting to have two primary motions heard.  My client had filed a Motion to Modify Child Support and a Motion for Contempt.  These are matters which with normal compliance regarding the production of financial documentation would take less than a few hours if brought to a full hearing.

Regrettably, this is not the first lawyer I have run into that has stooped to unscrupulous tactics in order to win a motion and even ....as one judge put it.... "counsel you have done nothing short of perpetrating a fraud upon the court."

To my current clients and my future clients,

I assure you that I am dedicated to stopping deceptive, immoral and unethical conduct by opposing attorneys who might otherwise take advantage of you.

To Family Law Attorneys who abuse their position,

If we have a case together and you engage in misrepresent facts to the court, violate court orders, feign illness to unduly prolong a matter, or undertake other actions outside the bounds of our ethical standards, I will do everything within my power to make your conduct known to the court, to the Professional Conduct Committee and to the public as necessary to protect the integrity of our profession.

Our profession has a black eye in the eyes of the public.  From what I have seen as a practitioner, it is  understandable why we have this negative perception in the public eye. 

For my personal observations, I see only one solution.  A policy of No Tolerance!  No tolerance to unethical conduct.  No tolerance to attorney misrepresentation.  No tolerance to attorneys who abuse the privileges of their office.

For clients I will offer nothing less than this . . . . NO TOLERANCE!

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Not every attorney is right for every person.  And sometimes, there is no attorney that can satisfy a client.  Simply hiring a divorce and/or family law attorney experienced in Rhode Island Divorce and Family Law does not mean that you have chosen the right attorney for you.

When choosing YOUR divorce or family law attorney you should to consider your own needs and expectations.  You also should consider whether or not your needs and expectations are achievable. 

Here's a quick example of obstacles that can make the client's expectations unrealistic.

A client engages me to represent her in her divorce.  She wants the divorce filed and served quickly.  She also wants it settled quickly and economically. I don't give her any guarantees because a settlement is dependent upon too many factors, yet I assure  her that I will do everything within my power to meet her expectations.

The client gets the questionaire back to me and a I draw up the papers right away.  The husband's lawyer calls and says he wants to accept service for this client but he'll be away for a week or so on vacation.  When the attorney returns the husband's attorney is served.  In about a week the husband's attorney answers the divorce complaint and serves the wife with extensive Interrogatories (questions to be answered under oath) and Requests for the Production of Documents which are likewise extensive.

The client wants the matter settled quickly and doesn't want to answer the Interrogatories  so I call the husband's attorney.  He doesn't want to discuss settlement at this early stage without more information. He wants the answers to the Interrogatories and Request for Production of Documents responded to first.
The husband's attorney also files a motion to be heard in a few weeks.

My client is unhappy because this will delay the divorce and cost her more money.  The client instructs me to be more aggressive.  I object to the Interrogatories and call the opposing attorney to see what his client wants to settle the matter.  The opposing attorney will not negotiate.....PERIOD.

My client is upset.

A week or so later I get a letter that my client has retained new counsel.

Conclusions?   

I was not the right attorney for this client and realize that perhaps no attorney will fit the bill.

The client had unrealistic expectations under the circumstances.

No attorney can control another party or another party's attorney.  It simply isn't reasonable to expect your attorney to settle a case immediately when the other side will not budget.  Likewise it isn't within the attorney's control to keep the case economical when third parties that are outside the attorney's control take actions and make filings which by necessity increase the cost.

A person entering the divorce arena should be prepared for best and worst case scenarios and be able to adapt to the changing environment of their court case.  Persons who are unable or are unwilling to do this generally either hop from lawyer to lawyer or end up with a result that is much less than they expected and then resort to blaming the lawyer for not achieving unreasonable expectations.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.