Biernbaum & Meyer Legal Blog

Tuesday, December 27, 2016

End of 2016 Missive: Most Important Attorney Personality Trait and How to Choose an Attorney

As 2016 comes to an end, it's time to assess our personal and professional lives once again.  Since this is a professional website, a professional assessment is in order.  Looking back on 38 years of practice, one of the most important attorney personality traits is being absolutely candid with prospective and existing clients as you give them advice.  Never tell a prospective client what they want to hear for the sole purpose of making them paying clients as you will regret it later when they realize you were not truthful with them.

As difficult as it may be, your job is to guide people through whatever legal predicament they find themselves in, and convince them to follow your advice.

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Tuesday, November 1, 2016

How to Choose a Divorce Mediator

By: Paul E. Meyer, Esq 

First, you need to decide whether you want a lay person or an attorney as a mediator.  Lay mediators come from all backgrounds and cannot actually draft the legal document, a Separation Agreement, which is the goal of all divorce mediations.  Instead, they prepare what is commonly called a Memorandum of Understanding.  This document must then be incorporated by an attorney into a Separation Agreement, which is the legal document.  Some mediators are using an “independent” attorney to draft the Agreement, and calling those attorneys “scribes.”  It is my understanding that frequently both of the parties will meet with the so-called scribe to explain their understanding of the Memorandum of Understanding so that the scribe is in a better position to draft the Separation Agreement.  Once the scribe has drafted the Agreement, the parties will sign it without the benefit of independent legal counsel.

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