How To Impress The Judge

     There is no shortage of individuals who are convinced “the system” is out to get them; particularly when it comes to court.   And I have to admit I have seen cases where the only explanation I could come up with to explain a judge’s behavior was some sort of bias against one party or the other.   However, for the most part I think judges are intelligent individuals who are trying to apply the law in a fair manner.  Unfortunately, on to many occasions, they don’t get much help from the parties…or their attorneys.

    Call me old-fashioned,  but I think  it’s a good idea to wear the best clothes you have.   If that means jeans and a shirt, so be it.   And make sure your clothes, whatever they are, are clean and pressed.  However,  it is also possible to overdress for court.   I once represented a woman trying to increase the child and spousal support she was receiving.  Her goal was to convince the court she was living at below the poverty level.  When we showed up to court I was shocked,  as was the judge.  My client looked like a million bucks, before taxes.  Beautiful clothes.  Immaculately dressed.   She was indeed hurting financially, but her dress was screaming a very different message.

    When your case is called, step forward and be seated unless the judge tells you otherwise.   Look at the judge, not the opposing party or her lawyer.  Have paper and a pen ready to make notes.  Make notes of things you want to say as well as notes to address things the opposing party says that you disagree with.

     Speaking of notes, do not be afraid to use them.  To many people think the use of notes makes them look stupid.  Actually, forgetting what you wanted isn’t very smart…so make notes and use them.

     Do not re-hash what you have filed with the court.  Give the judge the benefit of the doubt that she has read your papers.  Touch on the most important points and share new information…but do not rehash what the judge has already read.

      On that point, be sure to file any papers you want the judge to read in plenty of time.    Family law judges have an enormous caseload.  They read the files and have an idea of the facts.  If you or the other party blindsides the court with new information you will not impress the judge.  And the fact of the matter is that some parties…and some attorneys, intentionally wait until the hearing to hand papers to the other side, or the judge.   Unless it is really something you learned just before court, make sure you put it on paper and get it before the judge in plenty of time.

     If child support or spousal support or attorney fees are before the court, be sure the court has current information, including recent paystups, tax information, ect… You will impress the judge…guaranteed.    Judges are supposed to make decisions based on the facts and evidence.  The better the evidence, the better the court’s decision.

     As I said before, look at the judge when you speak.   If you filed the papers wait until the judge asks you to speak.  If the other side starts, politely remind the judge it is your motion and wait for her to instruct you to proceed.   In no event are you to interupt the other party and never…I mean never interupt or talk over the judge.

      And NEVER….NEVER…EVER make faces, no matter what the other side says or does.  I mean NEVER.   About a week ago a party was becoming very agitaged at that the other side was saying.  By his own admission he began making faces, which he thought would communicate to the judg how ridiculous the other side was being.  It backfired.  Instead of  impressing the court,  the judge asked this individual if he was on drugs.  At the next hearing the other side cleverly reminded the court of what had happened the week before.  It didn’t make any difference in the outcome of that hearing, but the one individual was embarrassed.

      In review:  Dress appropriately.   Get your position to the court in plenty of time before the hearing.  Have notes ready.  Look at the judge.  Listen.  Wait your turn.  Use your notes.  Read them if you want to.   Say everything you want to say.    You can say a lot if you say it clearly and calmly.  If the other side interupts stop and wait for the judge to have them stop.  Stay calm, no matter what.

      Good luck.

Free California Judicial Council Forms

“Judicial Council” forms are the forms the court requires in order to address most family law matters.There are several ways to get the Judicial Council forms required to get a divorce, separation, custody orders, etc. you will need.   One of my favorite places to find all of necessary family law judicial council forms…for free, is http://www.courtinfo.ca.gov.  You will also find great divorce, separation, custody and support resources there as well.

One of the benefits to using http://www.courtinfo.ca.gov is the confidence that you are using the most current forms.   These forms are updated regularly.  If you attempt to file and outdated form it will be rejected by the court.

In addition to the Judicial Council forms,  ALWAYS check your county court website  to find out if there are any “local” court forms used by your court.  For example, the Solano Superior Court has a “Meet and  Confer” form which must be attached to all motion.

To find out about your particular court, “Google” your court (i.e. Sacramento Superior Court) and check for “Local Forms”.

http://www.RobertBuschLaw.com

The Attorney-Client Fee Agreement

The California State Bar requires a written attorney-client  agreement if the fees will exceed $1,000.00.   Even if you are not sure what the total fees will be, it’s a good idea to always ask for a written fee agreement in all situations.

Even if your attorney did not prepare one when you started the case, you may ask for one now.   Among other things the fee agreement should include the following information:

1.  The name of the client.

2.  The legal service(s) to be provided.

3.  The hourly rate of the attorney.

4.  The amount of the retainer.

5.  Whether there is any non-refundable fee.

6.  Whether the attorney charges by the task or by actual time.

7.  Whether there are any “minimum” charges.

8.  Whether the attorney carries malpractice insurance.

Do not sign the written fee agreement until you have read it carefully.  While it is common for a potential client to skim the document quickly and then sign, there is nothing wrong with taking the document home so you can review it in more detail.  If there is anything in the proposed fee agreement you don’t like, talk to the attorney.  If you and the attorney cannot come to an agreement as to the language of the agreement, find another attorney.

Once you have signed the written fee agreement make sure you receive a signed copy for your file.  The attorney generally retains the original.

A written agreement can protect both you and your attorney. For example, I had a client years ago who balked at paying for telephone calls he had with me because the fee agreement I used at the time did not specifically include telephone calls.

http://www.RobertBuschLaw.com

Death and Divorce

Several years back I was retained by a very kind woman for the purpose of obtaining a divorce from her husband.   My client and her husband owned their residence as joint tenants, meaning the survivor of the two would receive 100% of the property.

Under current California law if either spouse dies before the divorce is final, and they owned property as joint tenants, and there was no settlement agreement, the survivor takes everything.  Most people agree this isn’t right, but that’s the law.

Fearful her husband would have someone try to hurt or kill her, my client instructed me to sever the joint tenancy to the community residence.  I advised her that if he died first she would get the whole thing.   My client was willing to take her chances and the property was transferred to my client and her husband as tenants in common, meaning each could dispose of their half of the property any way they wanted.

As luck would have it, my client’s husband died suddenly.  However, she still felt she had done the right thing.

It is also important for everyone getting a divorce to have, at a minimum, a new will, durable power of attorney and advance health care directive prepared.  Failure to do so could result in the soon-to-be ex-spouse having control over you and your property in the event of your death or incapacity.

Actions have consequences.  So does inaction.

http://www.RobertBuschLaw.com

Starting a Divorce in California

Once you have decided to seek a Dissolution of Marriage, which is legalese for “Divorce”, in California, the process is fairly straightforward.  Please note I did not say simple or easy.   Before you begin any paperwork make sure you have the right to file for divorce.  In the State of California a person must be a resident of the state for a minimum of six months and the county for a minimum of three months before filing for divorce.  If either or both of these requirements is not met the court will dismiss your case.

So what do you do if you have just moved to California, or the county?  There is no jurisdictional requirement for filing a Petition for Legal Separation.  You can file your Petition for Legal Separation, then once you have met the jurisdictional requirements amend the Petition to request a Dissolution of Marriage.

Regardless of whether you file for Dissolution of Marriage or Legal Separation you will need to complete a Summons–Family Law and a Petition for Dissolution of Marriage or Petition for Legal Separation.  If there are minor children of your relationship you must also complete a UCCJEA Declaration.

While on the surface these forms appear self-explanatory there are critical areas which, if answered incorrectly, could cost you thousands…and thousands…and thousands of dollars.

For example the Petition will ask for the “Date of Separation”.  Lots of people have different ideas as to what this means.  One of my clients completed her own Petition and listed what she believed the date of separation to be.   Years later, after speaking with an experienced divorce attorney, she believes her separation was actually two years earlier.  So what you may ask?  During the two year period husband incurred significant debt.  If this person had initially put the date of separation two years earlier…and if a judge believed her…she would not have been assigned one-half of the debt, which totaled approximately $43,000.00.   Not consulting an experienced divorce lawyer  may have cost this woman $ 21,500.00.

Even if you can’t afford to retain an attorney, or would rather do it yourself, please consult with an experienced divorce attorney before you sign any important papers.  Any consultation fee will most likely pay for itself many times over.

Once the above documents have been completed they are filed with the county courthouse where you are a resident.  There is currently a $355.00 filing fee to file for divorce or legal separation in California, but depending on your income you may qualify to have some or all of those fees waived.

http://www.RobertBuschLaw.com

If you don’t understand…don’t sign.

I recently met with a client who is quite distraught over the fact she signed some important papers she now claims she did not read or understand.  She now wants to go back to court and undo the damage.   This client has some major hurdles to overcome in order for that to happen.  In the first place, she was represented by an experienced, well-liked and respected divorce attorney when she signed the documents.  In the second place this individual was asked by a settlement conference judge, specifically,  if she had read the document before signing, and if she understood it, or did she have any questions.

The client claimed to be an emotional wreck at the time, suffering from depression.  Assuming that is true, here is another problem with her story.   I have practiced divorce law for more than 15 years.  In my experience, if the settlement conference judge observes hesitation, or a reluctance on the part of the party, they will stop the proceeding until they are comfortable that the party is signing the documents knowlingly and willingly.

The point? Do NOT sign anything unless and until you understand what you are signing and agree with the terms.

Even if this individual files a motion to set-aside, it will be expensive, and if the judge doesn’t think she had a good enough reason to bring the motion he can deny the motion and order her to pay attorney fees to the other side.

http://www.RobertBuschLaw.com

Hello world!

My name is Robert “Jeff” Busch and I practice family law and estate planning in Gold River, California, a suburb of Sacramento, California.   I hope to share helpful hints on divorce, custody, child support, custody, property and debt division and how to do well in court, along with some funny and not-so-funny story’s about family law.  I welcome your ideas and have a few requests/rules.  No profanity.  None.  Also, do not refer to individuals, attorneys, or judges by name or department.

Thank you.

Robert “Jeff” Busch, Attorney

www.RobertBuschLaw.com

www.maximumchildsupport.com