Category Archives: Business Law

How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an Ogden Criminal Defense Attorney or an Ogden Divorce Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.Divorce Lawyer Ogden Utah and Divorce Lawyer Salt Lake City

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your Ogden Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.  

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let your American Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.  Stevens and Gailey Ogden Utah Criminal Defense Lawyer

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.

Mediation Vs. Going To Trial

Mediation Vs. Going To Trial

Let’s face it, going to court isn’t fun for anyone except perhaps for the winning attorney or party. In many cases, a lot of stress as well as time and money could be saved by simply finding a way to settle out of court.

Typically a court case will take a considerable amount of time in appearing in court, listening to motions, settlement conferences, partial judgments and trial dates. This isn’t a small or inexpensive task. Each side must have witnesses and prepare for the trial. All depositions must be gathered and in some cases an expert must be located and called in as well. The costs can quickly become astronomical.

Once this is done there could be another few months while your Divorce Lawyer Ogden is preparing for the trial and waiting for a date that is available in the court. By this time, you’re spending a lot of money. Thankfully, there is a better way. Regardless of the situation, whether it be divorce, or some other legal matter, it can be done much more quickly and efficiently.

One way that people settle out of court is called mediation. In mediation a disinterested third party is brought in to help the parties come to an agreement regarding the court case at hand. Here is how it works.


It’s easy to get caught up in “he said she said” and in “that’s mine not yours” when the truth is, it could all be settled by simply sitting down and working out the fine details of the specific situation at hand.

A mediator is trained in listening to both sides of the situation and recommending a way that both parties can come away with something in the specific situation at hand. Because the mediator doesn’t have a vested interest in the situation they are much more likely to look at the situation and see both sides of the problem much more clearly.

The mediator will help the parties to explore all facets of the situation and find a resolution that both parties can agree upon. The mediator can facilitate a frank discussion between both parties as well as their attorney’s in an effort to come to a satisfactory agreement in the situation.

This can save both parties a lot of time and money. It can save on court costs, attorney fees and even on time lost from work.

The final decision is left up to both parties and the only responsibility of the mediator is to guide the parties in the direction of a resolution.

All mediation is confidential and the information disclosed during the mediation isn’t able to be used against either party in court. The whole purpose of confidentiality is that the parties must feel safe and secure to openly discuss the case without any ramifications if another dispute comes to light.

There are varying forms of mediation and most will have specific phases of the process. There will be joint sessions and there may also be sessions with others present like experts or psychologists who are needed to help present specific views of a situation.

Frequently only a few sessions are required to come to a speedy resolution of the situation. Then the information can be presented to the judge and the agreements signed off. That’s it, it’s over.

Going To Trial

Going to trial however will be much more expensive. Both parties must hire an attorney and the costs can quickly mount.

Each party will have their Divorce Attorney Ogden speak on their behalf and agreements may take much longer to reach as sometimes attorney’s can be difficult to get a hold of.

To further complicate matters, there may be additional fees involved as well as time missed from work that can quickly add up to more money lost.

Parties may not get anything they want or they may find that they only get part of what they want. There can be a long legal battle and the time between court dates can vary depending upon the court availability as well as witness availability.

This entire process can be long and drawn out and it’s not just financially draining, it’s also emotionally draining. Over the course of time it can really weigh on a person and begin to affect their health.

The biggest difference is that parties going to trial aren’t trying to work things out between them in any fashion. Both are out to get what they feel they deserve and often this winds up to tip the scales in one’s favor over another.

Trials are costly, time consuming and can really drain assets and emotions. Opting for a mediation over a trial can save time, money, emotional energy and help the person to move on with their life in a much more timely fashion.

When considering mediation vs going to trial most parties will opt for the mediation in order to achieve more of what they are seeking.