The Law Is Going To The Dogs!

Many of us love the devoted canine friends who share our homes, even if their primary function is simply to make us happy.  Service dogs, however, have long been depended upon to help individuals with disabilities in their day to day lives and to provide comfort to those in care facilities.  Now these specially trained dogs are being used in the legal system.

Several years ago, a prosecutor in King County, Washington, began bringing her son’s service dog to the office.  Jeeter, a golden retriever/lab mix, quickly earned the admiration of the staff by comforting a young boy who was reluctant to testify in court. Jeeter’s friendship and support helped the boy conquer his fears.

Several prosecutors’ offices in various parts of the country now have four-legged employees.  Here in Texas, Harris County has started an organization called Paws & Order: SDU (Special Dog Unit), composed of “courtroom dogs” and volunteers.

“Courtroom dogs” are specially trained to help calm and support individuals as they are questioned in the prosecutor’s office or in the courtroom.  The dog must learn to lie perfectly still but also to respond to the emotional needs of the individual testifying.  A courtroom dog’s quiet demeanor is soothing and helps nervous and frightened witnesses remain calm on the witness stand.

Opponents of the dog programs claim that the presence of an animal furnished by a prosecutor borders on tampering with the witness. One criminal defense attorney in Houston thought that the presence of the dog created an unfair advantage in court because witnesses might be inclined to align themselves with the prosecutor’s office that provided the dog.

One alternative would be to create programs sponsored by the courts, the neutral party in our legal system.  The court staff could make the dogs available as they were needed for a number of legal-related purposes, both in and out of the courtroom.

What do you think?

Can service dogs be useful tools in law offices and courtrooms?

Would a calm and friendly dog help during a divorce settlement conference?

Would a dog be reassuring and helpful during a stressful trial?

Other reading material about dogs in court:

http://www.thebark.com/content/dogs-courtroom

http://www.myfoxhouston.com/dpp/news/local/090821_da_office_violent_crime_victims

http://bassgreen.com/?p=134

http://animals.change.org/blog/view/dogs_perform_civic_duty_as_courtroom_companions

http://www.courthousedogs.com/

http://www.usatoday.com/news/nation/2010-02-22-court-dogs_N.htm

http://www.kitsapsun.com/news/2010/apr/29/newest-hand-in-kitsap-prosecutors-office-gives-a/

http://www.abajournal.com/magazine/article/going_to_the_dogs_-_in_a_good_way/

http://www.abajournal.com/magazine/article/at_this_prosecutors_office_a_furry_soft_spot_for_kids/

No-Fault Divorce

Recently the final hold out in the US moved toward enacting a no-fault divorce statute. The New York Senate passed the bill and sent it to the Assembly for its approval.

A no-fault divorce statute allows a party request a divorce without assigning blame to the other party, i.e. abuse, adultery, etc.

More than forty years ago, then Governor Ronald Reagan signed the nation’s first no-fault divorce law in California.  Other states, including Texas, have enacted various forms of no-fault laws while retaining some fault grounds for divorce.

Opponents to no-fault laws have argued that making the process easier would increase the number of divorces.  However, researchers at the University of Pennsylvania have determined that the divorce rate in no-fault states has been comparable to the rate in states requiring fault as a basis for divorce.  A professor at Johns Hopkins University has noted that Massachusetts, the state with the lowest divorce rate, has had no-fault divorces since 1975.

Do you support no-fault divorce laws?  What effect do you think Texas’ no-fault laws have had on divorce here?  How would you change the divorce laws in Texas?

http://roomfordebate.blogs.nytimes.com/2010/06/15/is-new-york-ready-for-no-fault-divorce/

http://www.nytimes.com/2010/06/16/nyregion/16divorce.html

A break from the law…

Meander through the canine mind at Max Says http://maxsthoughts.wordpress.com/

Meet Robert Matlock’s constant companion and amusement supplier Max, his big, yellow lab.

Selecting an Attorney: What to Think About

There are some issues you should consider when selecting an attorney to assist you. Begin by considering YOUR values and outlining your objectives. It is your legal issue and you should handle it in a manner that is consistent with your values and likely to achieve your objectives.

The following comments and questions are intended to raise issues – you need to determine which of them are the most important to you

Family Law Cases
At Woods, May & Matlock, we’re NOT categorically opposed to litigation. In fact, we have successfully litigated cases for many years and continue to do so.
HOWEVER –
If you are in a conflict with someone you love (or used to love), you probably want to devise a solution – not escalate the dispute. Raising the hostility level diminishes the financial and emotional resources of all parties – only resolution brings an end to the damage.

Costs Of Litigation
There are multiple costs associated with litigation and the toll can be extremely heavy. Those costs are:
* Financial – Lawyers, legal assistants, court reporters and other litigation personnel are expensive.
* Psychological – The litigation process requires the parties to surrender their fate, their schedules and their well being to others. Doing so leaves one feeling as if everything is out of control and chaos is omnipresent – that creates emotional turmoil.
* Time – Court dockets are crowded and litigation is slow by nature. Having a dispute remain unresolved for months interferes with planning and pumps up the psychological toll.

Who Do You Really Need?
Are your difficulties primarily legal in nature? Or, are they problems masquerading as legal issues? Perhaps a counselor or financial advisor could offer help. Ethical lawyers will tell you that pursuing assistance from other professionals is always a good idea before taking on the rigors of a lawsuit.

Litigator Or Problem Solver
Many lawyers are fine litigators but poor negotiators. In family law cases, you need an attorney who is skilled in both areas.
Ask -
* Is the lawyer trained in negotiation techniques, mediation or collaborative law? These are resolution-based legal skills.
* Is the attorney committed to resolution? If the response is a blank stare, you probably should move on to another attorney.
* What does the lawyer talk about? If the comments are about “winning” rather than resolving disputes, that is a strong clue concerning the direction your case will take if you hire that lawyer.
* What is the attorney’s reputation in the community? Referrals from knowledgeable people are helpful, but you should not allow others to make your decisions.

“Deskside Manner”
* Are you comfortable with the lawyer? Stated another way – are you as comfortable as you can reasonably hope to be while dealing with an uncomfortable situation?
* Does the attorney listen well? Is the lawyer asking questions about your situation or talking about himself/herself?
* Are you hearing straight talk and thoughtful analysis? Is the discussion centered on your case?
* Is the lawyer’s office organized and clean?
* Are the lawyer and staff friendly, helpful and professional in their demeanor?

Expenses
* Is there a consultation fee – phone consultation or in person?
* What are the hourly rates for the lawyers in the firm? Are there lower fees for work performed by legal assistants?
* What can you do to control the costs – fill out information forms, provide copies of important documents, obtain credit reports, etc.?

Specialization
* What is a certified specialist?
In Texas the state bar organization has certification processes for attorneys. In order to be certified in a particular area of the law, the lawyer must have extensive experience in the field, pass a rigorous examination and attend continuing education presentations. If the lawyer meets the bar association standards, he/she is entitled to advertise being “Board Certified By The Texas Board Of Legal Certification” in a given area of the law.
* Should you hire a certified specialist?
Probably so. Knowledge of the law and experience with the local judges is important in evaluating your case.
* What is a specialized court?
In the larger metropolitan areas of Texas there are courts designated to handle certain types of cases – family, criminal, probate, civil, juvenile, etc. In other parts of the state the courts retain their general jurisdiction status – the same court handles different types of matters.

What Next?
When family difficulties arise it is tempting to ignore the situation and hope it will cure itself or simply go away. Maybe so, but probably not. So what should you do – make a decision. Analyze the situation, define your values and objectives, determine whether you need assistance and, if so, what type of help is appropriate and place your plan into effect.

by: Robert J. Matlock

Be Prepared

“Be Prepared,” it’s a good motto to adopt in everyday life.  For example, before going to the store for something specific, shopping around, finding what you want, waiting in line, and getting checked out, remember to pick up your coupon at home.  Like a shopping trip, when dealing with a divorce and an attorney everyone should be a Girl Scout and “Be Prepared.”

Going to an attorney’s office simply to tell your story is in essence a high priced therapy session with an individual unqualified to assess your mental status.  The lawyer will listen to your story, but without a set of goals and objectives from you, an attorney can only give you an opinion on the best way to approach your divorce.  You need to go in knowing what you want, when you want it, and how you want it.  A few ways to insure that time with your attorney is productive are:

1. Ask In Advance – When setting up your first meeting with an attorney, ask what information you should bring with you.  Most attorneys’ offices are like a doctor’s office and there are many forms to fill out.  Get a copy ahead of time and bring them to the meeting all filled in.  If possible, throughout your divorce you should try to provide as much helpful information to your attorney as possible.  This insures that you and your attorney are not spending time and money duplicating efforts.  Of course if you need clarification about how much information you should include, ask.
2. Fee Agreement – You will be given a fee or retainer fee agreement form to sign.  It is a contract with your attorney stating that you want the lawyer to represent you and in return you intend to pay him/her a fee.  Read this document thoroughly and make sure that you understand the contents before signing.
3. Goals – You and your attorney should fully discuss your particular situation.  Based on your goals and objectives you should jointly decide the best course of action.
4. Information – You will be asked to provide financial and personal information, so be ready to go through mountains of paperwork.  Among other things, your attorney will most likely ask for tax returns, financial statements (including checking, savings, credit cards, etc), and a monthly budget.  Compile as many of these documents as soon as possible.
5. Paralegal – Many attorneys have legal assistants or paralegals.  It is a good idea for you to meet and get to know your attorney’s paralegal.  He/she may be able to answer many of your questions at a lower hourly rate than your attorney.  However, you must remember that these individuals have many other duties as well, so calling multiple times a day is a poor use of your time and theirs.  (And it’s a good way to guarantee that your calls will be sent directly to voicemail.)
6. Notes – If you are meeting, or even just planning on calling your attorney, write out all of your questions ahead of time.  This way you are sure to get them all answered.  Make note of what those answers were, this will save you from asking the same question numerous times.
7. Bills – If you have a billing question call the individual who handles the bills and ask them, most likely this will not be your attorney.
8. Copies – You will save your attorney some time and yourself some money if you can provide several copies of the documents requested of you.  (See #4)  Ask your attorney how many copies he/she will be needing, they probably don’t need 8, but 2 or 3 extra copies would almost certainly be appreciated.
9. Questions – If, at any point during your divorce, you are confused about something, ask your attorney or his/her paralegal to clarify.  They are happy to discuss terms, agreements, etc. with you.  However, as stated in #5 & 6, prepare your questions ahead of time and take notes so that you’re not calling multiple times or asking the same question over and over.
10. Keeping Up To Date – Throughout your divorce you should be receiving copies of almost everything that comes into and goes out of your attorney’s office pertaining to your divorce.  This should help keep you up to date on the status of your case and minimize the number of “I was just wondering how my case was going” calls.  Those “just checking” calls can add up quickly and make for a very expensive divorce.
11. Not All Advice is Good Advice – Your attorney has gone to school, trained, studied, and practiced law.  Unless your friends and family are divorce attorneys themselves, listen to your attorney.  While your friends and family have your best interest at heart, they do not generally have the legal knowledge that your attorney has.  Your attorney wants to help you achieve all of your goals and objectives within the limits of the law and what will be best for you and your family in the long run.  If there is an issue that you feel is not being addressed and you have tried to talk to your attorney about it, then get a second opinion, from a trained legal professional.
12. Patience – Divorces take time, even amicable ones.  To a great extent neither you nor your attorney have control over the scheduling of your divorce.  There are basic timelines dictated by the law, judges generally set aside specific times for hearings, coordinating multiple schedules is always tricky, and there are inevitable surprises along the way.  Be patient, it will all end soon.
13. Talk It Out – You have hired your attorney to achieve your goals and objectives.  If you feel that your attorney is not handling your case in the way that you would like, talk to him/her about it.  Your attorney should be willing to adjust the approach to your divorce to accomplish your desired outcome.  Or they may recommend another attorney who is better suited to your needs.  However, your attorney is not practicing law just for the love of it.  They are providing you a service and expect to be compensated for their time and effort.  If you are unwilling to pay don’t be surprised your attorney is unwilling to jump through hoops.
14. Warning – If any attorney promises you anything other than to do their very best for you, find a new one.

by: Elizabeth C. Matlock

Inspired by “Time is Money” by Jan Collins and Jan Warner, Star Telegram April 16, 2006.

Introduction

Woods, May & Matlock, P.C. was opened in 2007 with a focus on the needs and desires of each individual client based on positive legal solutions.  Kay Woods, Marc May, and Robert Matlock collectively have over 75 years of legal experience and are highly regarded as lawyers, professors, authors, and speakers.  They understand that each divorce is as individual as the people involved and treat it as such.  Our attorneys offer clients reasonable, cost-effective alternatives to litigation, including collaborative law, mediation and arbitration. We use litigation as a last resort when other options prove to be  ineffective in protecting the client’s interests. When the need arises, Kay Woods, Marc May and Robert Matlock aggressively litigate cases on behalf of their clients to help them achieve their objectives.