Much of a lawyer’s work is devoted to trying to prevent legal disputes from occurring. Lawyers to write contracts Wills, for example, intending to cover all eventualities and there’s nothing in which this agreement may later rise. But many legal problems cannot be prevented or foreseen. The perpetrators and victims of crimes are likely, however unwillingly, to become involved in legal process. Similarly, people injured in accidents caused by the negligent behaviour of others, people dissatisfied with administrative decisions and people wishing to divorce their spouse or adopt a child are all likely to need legal advice and, possibly, to have the matter decided by a court.
Some legal problems are not hard to solve. In the case of a minor car accident, if a car driver runs into another car while it is stopped at traffic lights, if both shows have adequate insurance and if no is injured, the victim will properly receive payment from the insurance company without needing to go to work. The facts are straightforward and applicable law is well-established. However, the issues in other disputes may not be as clear cut. One of the parties involved may interpret facts one way and the other in a different way. Consider, for example the submissions of the parties in a more complicated motor scooter accident case. The plaintiff, who was injured when his motor scooter collided with a car, alleged that the car driver failed to keep a proper lookout; that you fail to exercise reasonable care and skill in driving the vehicle; and that she drove it on the roadway at a time and in a manner no reasonably prudent person would have done. The defendant on the other hand, argue that the plaintiff drove too fast in circumstances; it was he who failed to keep a proper lookout and that he therefore failed to see the defendants vehicle in sufficient time to avoid colliding with. While the applicable rules of law were fairly easy to ascertain, the judge in a case like this had to sort through these conflicting allegations to make findings of fact on which to base his legal conclusions.
Even in those circumstances, such cases on the court. Despite their different interpretations of events, the parties usually reach some sort of settlement. Still, in the course of reaching a settlement, the lawyers involved must deal with the case as though it were to be litigated. They must analyse the facts and legal rules applying to that type of case an attempt to predict the decision in court would make. It is this element of the predictability that enables them to gauge the merits of any settlement offer. The process of analysing and predicting the outcome of the case involves six steps. The facts must be ascertained, then analysed, the legal issues raised by the facts must be identified. The relevant law must be discovered and concisely stated, the law must be applied to the facts, and the conclusion must be reached. This is the process that is at the heart of legal reasoning.
David Coleman is a lawyer in Sydney Australia with over 10 years experience in the legal industry.
A successful marriage takes hard work; learning to listen, compromise, understand, and communicate. After years of feeling unheard, unappreciated, and, perhaps, unloved, a peaceful, dignified divorce is difficult. Many people view divorce as a business transaction: divide the assets and debts, create a contract for sharing the kids, and we’re done. But very little in life is truly that cut and dry. Failing to acknowledge and address the emotions you and your spouse are experiencing are what lead you to divorce and what can make your divorce nasty, lengthy, and expensive.
In a litigation I handled years ago, Husband and Wife resolved every item in their divorce, except the piano. There was nothing special about the piano, in and of itself. But it was the last item left to be resolved. Each wanted it, saying they had already “given up so much” in the prior negotiations. Wife wanted it because the children would be with her most of the time and she was the one who made sure they practiced. Husband wanted it so that he could share in working with the children as well. Since they could not reach an agreement, the case went to trial. We spent over $25,000 each fighting over a $5,000 piano. And no matter how much the attorneys told the parties it was not worth spending so much money on this one item, neither party would “give in”. Ultimately, the judge ordered that the piano be sold.
No rational person would do what this couple did. This was not a family heirloom, nor was it signed by Mozart. What it did represent, was the last thing that kept this couple connected. Once that issue was resolved, the divorce was done. And, after years of fighting in court, winning and losing small battles, neither was ready to concede the war.
Letting go is very hard to do. Not dealing with the emotional side of divorce makes doing so even harder. If you and your spouse are considering divorce, you should consult an attorney to learn about your options (all your options). From there, whatever process you chose, you should begin with a divorce coach who can prepare you, emotionally, to deal with the legal side of the divorce. It will drastically improve your chances for a faster, more dignified, and less expensive divorce.
written by Diane L. Martinez http://www.wcmediate.com
This is a great example of how unsolved emotions can increase the costs of your legal situation. I once had a couple spends hours arguing over a pizza stone all the while paying three attorneys. Don’t fall into this trap. Things are just things.
This blog is never meant to give you legal advice, just common sense advice concerning legal issues. Legal advice should never be general. Your legal issues are unique, which is why it is very dangerous to get legal advice from the internet, your Aunt Sue, or anyone(even a lawyer) when you are not in a professional consultation.
Some people seem to make every situation a legal one while others believe they have will never have a legal situation. Neither of these situations can really be true. We all have legal situations.
Some people like to ignore things that really need to be handled because they just seem like too much trouble or are just too frightening. Others believe that everything that happens calls for legal or calls for a law suit. Believe me both of these extremes can cause you much trouble.
Lawsuits come at the most inconvenient time.