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Litigation / Lawyers in the USA / Some Thoughts!

Litigation / Lawyers in the USA / Some Thoughts!

Old Aug 3rd 2006, 1:50 am
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Default Litigation / Lawyers in the USA / Some Thoughts!

No offence meant to any lawyers on this board before I rant about attorneys in this country!

I guess I just thought to bring this up this evening, as I was talking to some friends from home who cannot believe the litigation culture in this country, how much lawyers charge for services and what you get in return (sod all usually!)...

I guess the majority of us on here may have dealt with attorneys relating to immigration, or at least thought of consulting one at some point... From people I have chatted to on other forums, most had a grip about the fees, the performance of the attorneys or both... I know each state has a body you can complain to, but I wonder often if anyone actually does, or if anyone actually had a good experience with immigration related lawyers (i.e. felt like they got value for money, good service etc...).

I bring this up because I become extremely disheartened every day at the type of people I work for (attorneys, haha, but real estate ones, so I guess they are not so bad as others).. and the lawyers me and hubby have unfortunately had to deal with the last year or so.

Just a few examples.. immigration lawyer - made several errors, which I had to fix, ended up with nothing except an $8,000 bill (OK, so not their fault that the DOL changed the rules at the last minute tho!)...

My husband - just fired lawyer number 3 in a custody issue over his daughter.. and going to go it by ourselves (or at least try from this point forward). Not only does the performance by attorneys in this country scare me, but the litigation culture and state laws on various things continue to amaze me. Never before could I have imagined what someone could actually get away with, and yet lawyers and courts turn a blind eye.

Here in TN, fathers have not a hope in hells chance of getting custody of their child it seems, even if the mother is proved to be neglectful etc.. the child support laws are CRAZY.. and the family law court system is flawed in so many ways. He has paid out almost $20,000 now and finally got a week a month with his daughter - at what cost - ummm, $925.00 per month in child support to mum who chooses to work for minimum wage even though she has a degree because she is married (the day before court) to someone making over 100K per year.. hubby makes $2,200 per month net. When our new baby is born, we get an $81 credit - whooo hoo! So basically, the law says that it costs $925 to support the first child, and $81 for the second child. Seems utterly crazy to me.

It seems I get increasingly frustrated every day with something or other about this country and I guess, two and a half years later the penny finally drops that this ain't such a great country to live in after all - for a multitude of reasons! Funny how things turn out, I would have given a limb to stay here at one point, now if only we didn't have to leave his daughter behind, hubby would move to the UK or Europe in a heartbeat. I guess he saw another side to people, lifestye and just life in general in the short time he has spent there - I think the decent food might have had something to do with it too haha!

Anyways, rant over - I just figured I would throw this out there...
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Old Aug 3rd 2006, 2:55 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

The Court system here is very hard to get your head round. When I first came here I thought lawyer's fees were high compared to the UK, that has now changed. I currently have a lawyer in the UK (the firm I used to work for) advising on IHT and his hourly rate is 195 pounds per hour which equates to more in dollars that the guys I work for. Of course if I was resident for tax in the UK I would have to pay the 17.5% VAT on top, but as my solicitor pointed out, I am exempt as I am non resident.

It does sadden me to see that some mothers get custody when it is obvious they are not fit to do so. It doesn't seem to matter how much evidence you put forward a lot of judge's consider a child is best off with its mother. I have always thought that child support was calculated weird here. It doesn't take into account that the guy may have remarried and got a couple of kids with his new wife and has them to support. It's just done by taking his salary.

I did laugh at the new TN idea to get even with father's that don't pay their child support - revoke their fishing and hunting licenses. Boy you just know that pisses them off. They should do the same thing here in Alabama and include with the fishing and hunting licenses their boat tags. lololol

The biggest swindle, in my eyes, is the real estate one. Although the law firm I work for do a load of closings it seems money for old rope. I remember in the UK we charged 250 pounds for a purchase and it didn't matter whether you were buying a mansion or a one bed roomed flat. What our people get paid to do a closing considering how many hours they spend on it, is easy money. Don't get me started on realtors. In the UK I considered estate agents (no disrespect to those on BE) ranked just above a car salesman but one notch below a rapist. In the US, they rank up there with the rapist and some of them overtake rapists in leaps and bounds. lolol
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Old Aug 3rd 2006, 2:58 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Sorry to hear all the problems you are having, I too find the whole system flawed on so many levels. A friend of mind was seeking custody of his children last year and the amount of issues and expense that came up was incredible, the worst being the wife's attorney decided he didnt like the outcome of the court appointed therapist's report in which she evaluated his client as being a few sarnies short of a picnic, this was after extensive interviewing of his client, my friend and the 3 kids. The Lawyer had her thrown off the case and made the court appoint a new therapist who had to go through the whole process of interviewing everyone again. Further time and expense. Why the court went along with this I will never fathom, just outrageous.
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Old Aug 3rd 2006, 4:21 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

I have seen quite a few signs saying 'No Solicitors', makes you realise why.
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Old Aug 3rd 2006, 4:45 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by Lesley1020
No offence meant to any lawyers on this board before I rant about attorneys in this country!

I guess I just thought to bring this up this evening, as I was talking to some friends from home who cannot believe the litigation culture in this country, how much lawyers charge for services and what you get in return (sod all usually!)...

I guess the majority of us on here may have dealt with attorneys relating to immigration, or at least thought of consulting one at some point... From people I have chatted to on other forums, most had a grip about the fees, the performance of the attorneys or both... I know each state has a body you can complain to, but I wonder often if anyone actually does, or if anyone actually had a good experience with immigration related lawyers (i.e. felt like they got value for money, good service etc...).

I bring this up because I become extremely disheartened every day at the type of people I work for (attorneys, haha, but real estate ones, so I guess they are not so bad as others).. and the lawyers me and hubby have unfortunately had to deal with the last year or so.

Just a few examples.. immigration lawyer - made several errors, which I had to fix, ended up with nothing except an $8,000 bill (OK, so not their fault that the DOL changed the rules at the last minute tho!)...

My husband - just fired lawyer number 3 in a custody issue over his daughter.. and going to go it by ourselves (or at least try from this point forward). Not only does the performance by attorneys in this country scare me, but the litigation culture and state laws on various things continue to amaze me. Never before could I have imagined what someone could actually get away with, and yet lawyers and courts turn a blind eye.

Here in TN, fathers have not a hope in hells chance of getting custody of their child it seems, even if the mother is proved to be neglectful etc.. the child support laws are CRAZY.. and the family law court system is flawed in so many ways. He has paid out almost $20,000 now and finally got a week a month with his daughter - at what cost - ummm, $925.00 per month in child support to mum who chooses to work for minimum wage even though she has a degree because she is married (the day before court) to someone making over 100K per year.. hubby makes $2,200 per month net. When our new baby is born, we get an $81 credit - whooo hoo! So basically, the law says that it costs $925 to support the first child, and $81 for the second child. Seems utterly crazy to me.

It seems I get increasingly frustrated every day with something or other about this country and I guess, two and a half years later the penny finally drops that this ain't such a great country to live in after all - for a multitude of reasons! Funny how things turn out, I would have given a limb to stay here at one point, now if only we didn't have to leave his daughter behind, hubby would move to the UK or Europe in a heartbeat. I guess he saw another side to people, lifestye and just life in general in the short time he has spent there - I think the decent food might have had something to do with it too haha!

Anyways, rant over - I just figured I would throw this out there...
Wish I was paying $925 per month for child support try $1720 per month plus $850 health insurance and uncle sam takes about $1300 per month,I have to find about $900 a week BEFORE I see a penny of it myself.
The whole thing is getting carried away and all I seem to do is work my backside off to survive,the more I work the more it costs me and there seems no incentive to keep going,I have zero motivation to wake up in the morning knowing that the first $180 I earn is not mine and sometimes it's 3pm by the time that $180 has been made......rant over
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Old Aug 3rd 2006, 4:57 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by Boiler
I have seen quite a few signs saying 'No Solicitors', makes you realise why.

That does not mean no lawyers it means you can't go in and try selling them something
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Old Aug 3rd 2006, 4:59 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by Lynne
The biggest swindle, in my eyes, is the real estate one. Although the law firm I work for do a load of closings it seems money for old rope. I remember in the UK we charged 250 pounds for a purchase and it didn't matter whether you were buying a mansion or a one bed roomed flat. What our people get paid to do a closing considering how many hours they spend on it, is easy money. Don't get me started on realtors. In the UK I considered estate agents (no disrespect to those on BE) ranked just above a car salesman but one notch below a rapist. In the US, they rank up there with the rapist and some of them overtake rapists in leaps and bounds. lolol
Couple of points:

1. At least in tennessee you typically pay to the closing company

a. doc prep - about $75
b. closing fee anywhere from nothing to $500

A closing normally takes anywhere from 3-8 hours work, depending on the complexity of the transaction. I don't think its an unreasonable cost

Everything else does NOT go to them, apart from a state-regulated cut from the title insurance

Are the closing companies costs much higher in AL?

2. have you had an actual issue with a Realtor? I strongly suggest if one has treated you in such a bad way to compare to a rapist you contact http://www.alabamarealtors.com/

and lodge a formal complaint - there are strict guidelines and clear routes for dispute resolution and abitration.

If you have got confused and got fleeced by a real estate licensee, then you are on your own - these individuals are not Realtors and are not bound by the same rules and governance.

BIG difference

Regards child support here, its actually quite fair in most instances, I think the first kid is 21% and that is actually now split between the mother and father. things like confiscating drivers/fishing/hunting licences and wage garnishments are all pretty effective
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Old Aug 3rd 2006, 5:04 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by BritGuyTN
Regards child support here, its actually quite fair in most instances, I think the first kid is 21% and that is actually now split between the mother and father. things like confiscating drivers/fishing/hunting licences and wage garnishments are all pretty effective
I was a bit perplexed by that to start with, filling out the declaration that you have no outstanding Child Support payments, before you get a Fishing License. Not that I have any.
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Old Aug 3rd 2006, 5:05 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by ladylisa
A friend of mind was seeking custody of his children last year and the amount of issues and expense that came up was incredible.
This very much depends on where you live, and I mean down to the county level.

Here, it is nearly impossible for one parent to get sole custody if the other is not willing to give up joint physical custody (time spent with each parent) and/or legal custody (decision making on the children's behalf). The flipside to the no-good mom working for minimum wage, is the dad who sues for sole custody in an effort to avoid having to pay child support (this is what I got treated to). No one got rich except the lawyers.

To gain sole custody, the non-custodial parent must be found incompetent to the level that the children would be removed by social services -- pretty extreme stuff, not just "she gives them hotdogs for every meal." (which would be bad, but.... not bad enough to strip custody).

As to amount of child support; here it is something like 20-25% of pay, but is adjusted if the father has other children to support (and some MOTHERS pay child support). The goal is to equalise the living conditions between mom's house and dad's house. A stepparent's income is not considered because they are not financially responsible for, nor do they have any rights, with respect to the children. The sums that some of you guys mention paying are way above what would be the maximum in Texas.

My ex doesn't like paying any child support, I don't like having to give up physical custody as often as I have to. Divorce and dealing with the other parent usually sucks.
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Old Aug 3rd 2006, 11:46 am
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Snowbunny - I find your comments to be similar to the situation in the county where I volunteer as a Guardian ad Litem. I represent abused and neglected children in Family Court.

I've recommended custody for fathers, many, many times and the Judge has concurred. Visitation is also permitted for the non-custodial parent although it's usually supervised since that's the parent who has abused or neglected their child or children. I always request the non-custodial parent pay some kind of child support even if it's a minimal amount. It's something a parent should do.

For the most part the children I work with come from poorer families who cannot afford attorneys. I've been impressed with the work by volunteer attorneys on behalf of their clients even though frequently we are not in agreement re the case itself.

There are hundreds of thousands of dead beat parents out there. Our State is now making an effort to go after ALL of them for back child support whether they be mothers or fathers.
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Old Aug 3rd 2006, 2:38 pm
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by BritGuyTN

Regards child support here, its actually quite fair in most instances, I think the first kid is 21% and that is actually now split between the mother and father. things like confiscating drivers/fishing/hunting licences and wage garnishments are all pretty effective
Here in TN it is certainly no longer "fair"... It used to be as you stated 21% for one child (increasing as the number of children went up)...It was 21% of net pay - on my husbands income that would have been 400 a month... they changed in Jan 2005 to the new income share guidelines, which if the parents are on a reasonably similar level, or if the mother is stay at home, it really does work to an extent. Unfortunately when you get into situations like ours, where the mother makes a habit of getting pregnant by different people for the sole purpose of getting child support.. it doesn't really work. She makes $11,000 per year working part time.. and puts the little one in daycare full time. She works at that daycare and they give us receipts saying she pays $150 a week (we know that's not true). So, under TN law they state that my hsuband is responsible for 82% of her support, and mum 18%. They then base a figure on their two incomes added together, add on child care, insurance (which he also has to pay) and come up with the $925.. (which is soon to go up with the daycare putting their fees up). When she stays with us for a week, he gets a credit of $0.92 per day (that is included in the 925) and is not allowed to claim the $125 we pay for daycare (only mother can claim that). Oh, and they outrule what that the IRS says as far as the tax deducation goes. TN says mother gets it every year regardless. When we pick my stepdaughter up, she frequently is dirty, in shoes two sizes too small and torn clothes. When we mention it, she will say she has no money and if we want her to have new stuff we need to buy it!!!

Even the judge in our case basically told my husband he was sorry that he had to do this and that ours was a very unfortunate situation. He did tell the mother she had 6 months to increase her income to $15,000 (woo hoo) or he would impute it at that level and gave her somewhat of a talking to about various things. He did say that had it not been for the distance (4-5 hours) and her extended family out there that he would seriously consider giving custody to us, but at this point he did not want to remove her to a whole new environment. From what I have heard of other judges around here, I think we ended up with a pretty decent one.

We are now working with an attorney in Knoxville who assists pro se clients, as far as doing research and providing document styles etc.. He has told us to apply for a deviation for "hardship" and said he has never seen anyone have their pay garnished for an amount as high as his.. but then again when he listened to our audio files of conversations, and court transcripts etc.. he was absolutely horrified at what the mother has been allowed to get away with. Ah well, such is life.

From a more general point of view, what has really irked me lately is the general concensus (it seems) that guys paying (or not) child support are "deadbead dads".. Because of these kind of people the laws have been tightened to where if we were to fall behind after our baby is born, my husband would be thrown in jail! Yet, theoretically my husband does not make enough to pay it.... When people refer to deadbeat dads, perhaps they never consider how much they have had to pay, whether they can afford it, and perhaps how much has been spent in legal fees to simply try and be able to see their children.

Anybody know how things like this go on the other side of the pond? Just out of interest.. I guess i just never knew anyone dealing with a hotly contested divorce/separation/custody issues... I guess they aren't so "Jerry Springer" over there for sure!

Last edited by Lesley1020; Aug 3rd 2006 at 2:55 pm.
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Old Aug 3rd 2006, 3:14 pm
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by Lesley1020
He did tell the mother she had 6 months to increase her income to $15,000 (woo hoo) or he would impute it at that level and gave her somewhat of a talking to about various things.

Anybody know how things like this go on the other side of the pond? Just out of interest.. I guess i just never knew anyone dealing with a hotly contested divorce/separation/custody issues... I guess they aren't so "Jerry Springer" over there for sure!
I forgot to mention impution of wages. They are supposed to be based on the person's earning capacity, not what they actually earn. Many women have never held a job that pays very well, and many have stayed home with children. That impacts the amount they can possibly earn. There's also the fact that women make 70% of what men make in the same job.

On the other side of the pond? The man pays up, though possibly not as much since the woman has far better government benefits (health care, subsidised housing etc). He is far less likely to have significant physical or legal custody rights, and if the mother wants to move across the country or indeed out of the country, the father has to fight significant and expensive legal battles which he will usually lose. Mention the letters "CSA" to any divorced father and it's like you've told them the Mafia was insisting upon payment. Things are more clear-cut and civil in England (these laws depend upon the county eg Scotland is different) *because* of the additional government money available, and because the mother is almost always awarded near-sole physical and legal custody. Is this fairer? Taxpayers may not think so, and fathers certainly don't think so.
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Old Aug 3rd 2006, 3:20 pm
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Lesley - you said
When we pick my stepdaughter up, she frequently is dirty, in shoes two sizes too small and torn clothes
.

If you or your husband feel that this little one is being neglected you should report it to the Department of Social Services. Yes, there will be trauma involved should you seek and win full custody but it will outweigh the effect of neglect the child is currently and would continue to suffer.
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Old Aug 3rd 2006, 3:28 pm
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Lesley, have you had home studies done for your stepdaughter?

Remember too that if you ask that one be done on the mother, there will almost always be one done on your household, and that you will likely pay for them.

With the clothes thing -- is she always dressed this way? Can you pop into the daycare and check? Although it's not right, sometimes the mother will try to get the father to buy clothes. Usually each parent is responsible for 50% of the total clothes bill, but in reality, it's what each parent chooses to spend.

My youngest is always decked out in new but very cheap clothing, which I hate since her father has a lot of money and spends it on things like big screen HDTV. If I want her to look nicer on occasion, I have to buy the clothes (and the shoes, which are expensive!).
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Old Aug 3rd 2006, 3:30 pm
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Default Re: Litigation / Lawyers in the USA / Some Thoughts!

Originally Posted by gemini
Lesley - you said .

If you or your husband feel that this little one is being neglected you should report it to the Department of Social Services. Yes, there will be trauma involved should you seek and win full custody but it will outweigh the effect of neglect the child is currently and would continue to suffer.
We already tried to do that.. we petitioned for a dependency and neglect order, our attorney asked the Judge for a Guardian Ad Litem to be appointed and he refused. That was after seeing a report where a case worker observed the little one saying "Paul, bang bang" and gesturing with her fist to her lip (which was busted at the time)... "Paul" is mom's b/f, recently husband. Refusing the GAL amazed me, but we are at the point now where it seems like we have exhausted everything, when we try and tell the truth and go through the appropriate legal channels, it seems it fails every time. It's very sad. She is so happy when she is with us and crys so hard when she has to go back.
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