Author Archives: Adam Walkler

Take the Right Approach for Settling Your Family Disputes

Posted on by

Has the landscape of your relationship been a bit rocky lately? Do you find yourself inching away from your spouse? There’s nothing worse than separating from the spouse and going about those nerve-wrecking court proceedings, especially when you have little time to spare. However, with one of the reliable family lawyers working for you, it’s easier to sail through the process and come out as a winner.

Family disputes can wreak havoc both emotionally and financially. To save yourself from a situation like this, contacting a reliable law firm has to be the right thing to do.

 

What does family law entail and how can law firm help?

Family law is a relatively broad legal framework that deals with family relationships, such as divorce, child custody, inherited property, paternity, drafting a will and adoption among others. Law firms will represent you in court proceedings while handling all the necessary paperwork and legal documentation that happen outside the courtroom. Meanwhile, you can sit back and focus on your routine or work-related deadlines that can’t wait.

A family dispute can stoop low to a point where it couldn’t get nastier. This is where the bitterness and frustration set in, holding you back from coming to a consensus. On the other hand, taking the matter to court is only helpful as long as you have one of the experienced family law firms at your disposal. If not, you must know the law out and out and be prepared to handle legal documentation.

While the court is tasked with doing justice, law firms help individuals in distress of a legal proceeding. Apart from representing divorce and child custody cases in the court, hiring one of the family law firms in Sydney is helpful in issues related to foster care and paternity as well.

Also, experienced attorneys can help you in situations where family law intersects with other legal frameworks, and therefore, it’s in your best interest to hire them rather than running from post to pillar and still not able to find a way out of the mess.

 

How to choose the right one from a pool of family law firms in Sydney?

Hiring an attorney shouldn’t be like rolling a dice and going by whatever that appears on the top. Sometimes, the best law firms aren’t the best marketing strategists. They may or may not appear at the top of online search results; which is why choosing the one out of many gets even more complicated.

 

Here’s how to go about it

Based on your online quest, shortlist at least five family law firms in Sydney or wherever you are looking for options. The next step is to request case studies from each one of them. Don’t judge a law firm based on how many cases they have won but how many they have lost. Connect with previous clients to know their experience with the firm. No credible law firm, no matter how big or small, would ever equate their clients to mere numbers.

Number of wins alone do not matter. If the law firm you are looking at is infamous for their unprofessional conduct and not giving due importance to their clients, you must circle back to the first step and keep looking.

Common Problems Encountered By Family Lawyers

Posted on by

One profession that fails to garner any public sympathy is family lawyers, a field where professionals attempt to strike deals and reach conciliatory agreements following a separation. Seen by some as a necessary evil where representation in a court of law is required, this is a niche that has seen much change and with it, a degree of criticism and scrutiny where attorneys have been forced to justify their existence.

What has resulted is a series of problems and challenges where family lawyers have been forced to find solutions to their practice. Few will be quick to leap to their defence as firms are left to change their approach to practicing.

Here we will discuss the key challenges they face in 2018 as the profession continues to force practitioners to adapt or to fade away.

Increase in Competition

With divorce rates slowly increasing on an annual basis for the past few decades, family lawyers are in hot demand. This niche has seen incredible growth in recent times as attorneys who specialise in this field continue to see cases pile up on their desks. What this fixation in the market has caused is increased competition where more firms and lawyers are emerging on the scene.

Parents Rights vs. Children’s Interests

Australian has experienced much change in this field, with a Senate inquiry taking place over alterations to the 2006 Family Law Act. Family lawyers have since been placed in the middle of a debate that sees interpretations differentiate between the rights of the parents against the best interests of the children involved. Some analysts have attempted to verify the official definitions in the eyes of the law, yet this remains an ongoing concern where outcomes are scrutinised.

Emotional Clients

A divorce is always a fraught time for individuals who are experiencing tremendous physical and emotional degrees of stress. Needless to say that consultations with family lawyers is not high on their agenda item and this is where meetings and modes of communication can becomes complicated for the attorney. As they attempt to undertake due process and operate in a quick and diligent fashion, their client can be hampered in their decision making and ability to articulate a coherent position.

Irrational and Impractical Demands

An extension of this concern for family lawyers is seeing their clients failing to take on their legal advice. Whether it is a marriage or a de facto relationship that ends acrimoniously, one party can attempt to use the legal system purely for their own needs to make demands that are either impractical or irrational. Attempting to control and venture beyond anger is one of the key challenges that a qualified attorney must solve.

Sourcing Outside Council

Family lawyers that are unable to help emotional and irrational clients will often see them sourcing outside council. Friends and family members are often relied upon during separations and these are parties that can be incredibly opinionated and equally partial to lending their own council that does not have legal implications in mind. Clients cannot be prevented from talking to loved ones and those they trust, but an attorney must recommend against taking their word over that of their council.

Summary

Family lawyers are seen as a nuisance in many cases and vultures by the ultra cynical. However, it is worth noting that these challenges they face do get in the way of an important process that helps to mediate and collaborate between two spouses who have encountered their own difficulties without any legal interference. Family lawyers are on hand to help smooth that process over for the sake of both parties and that of any children involved.

Steps to take when you urgently need a bail lawyer

Posted on by

Bail lawyerIn some cases, a person will know in advance when they are going to be taken to court for a criminal charge. In these circumstances, people are easily able to find a representative, make a plan, have time to process, and can chat with their friends and family members about the matter at hand. This isn’t always the case, however, and some people will find that they are placed under arrest and are to be kept in prison until the date of their court hearing. This can make things very difficult for their loved ones, can challenge them mentally, and can make things difficult with their work. It can also mean that it becomes much harder to prepare for a trial. Because of all of these reasons and more, people in these circumstances will urgently seek support from a professional bail lawyer. From here, a professional bail lawyer is able to put in an application on the behalf of their client so that they can return home to prepare for their day in court. There are factors that will contribute to whether a judge will accept this application or if they decide to include certain conditions that are fair and reasonable. As spending time in prison can be such a traumatic experience, it is imperative for people in these circumstances to find a good bail lawyer as soon as possible. And so this article will explore some steps to take when urgently needing a bail lawyer.

Steps to take during an arrest

The first thing that people will have to go through is an arrest. This is usually when a police officer believes that someone is a risk to a member of their family, if they reasonably believe that they have committed a crime, or if they have a warrant for their arrest. When this does occur, the first step is to always go with the officer and listen to their directions. Otherwise they are able to charge a person with resisting arrest. If they happen to be too forceful during an arrest, a bail lawyer will also be able to help their client make a complaint. Once at the station, information will be gathered and it will be determined whether someone is kept in custody or not. If someone is kept in custody they are able to make two phone calls. One of these calls can be used to contact a loved one and another call can be made to a bail lawyer. From there, they can act as a representative and help their client with their application to be released from prison.

Steps to understanding the conditions of a release

There are some conditions of a release that must be met in order for someone to be sent home from prison. One of the first conditions is that a person is living in a certain place e.g. they cannot be couch surfing throughout this time. They must also report to the police station, promise to attend their court date, and have someone to act as their surety. For others, they may have additional conditions that they must adhere to such as not going near a certain family member, they must complete regular urine testing, or they may stick to a curfew. If these conditions are broken, there can be very serious consequences, all of which a professional bail lawyer can explain to their clients. While being placed under arrest can be a very trying time, it is important not to panic or make any rash decisions. Simply calling a bail lawyer is the best move to make every time.

Should you pursue a career in law?

Posted on by

Being a lawyer is one of those high profile jobs that has been popularised by TV and film media throughout the decades. At best society sees lawyers as well-off legal advocates and at worst sees them as morally bankrupt defenders of criminals.

While entrenched societal views on the profession should not affect your decision to pursue it, you should be clear on your reasons for wanting to pursue law. Law is one of the hardest academic subjects to pass and is not exactly a cushy job once you graduate.

Therefore people who wish to study and practise law need to be sure they are ready for the commitment they will need to make. Let’s take a look at whether or not you should pursue a legal career.

Are you a people person?

While lawyers aren’t comedians or talk show hosts, they need to have communication skills in order to interact with their clients. When people come to you seeking legal counsel, they are relying on you as a professional to communicate with them using layman’s terms.

This means you need to be able to disseminate large amounts of legal information and translate it in a way that makes clients feel confident in your abilities. Often your communication skills will be required to help a client understand their legal situation and what their realistic options are.

As a lawyer you may also be required to collaborate with other legal professionals and this will require you to be able to share a workload with someone else.

Are you a good rhetorician?

This skill is especially important in criminal and family law matters where you will advocate on behalf of your client in front of a judge, magistrate or jury. You should be able to persuasively communicate your client’s case in a court of law where it will be heavily scrutinised by the judge and opposition.

Are you a good researcher?

The bread and butter of legal work is studying precedent and jurisdictional rules so that you can create an actionable case. If you don’t have good research skills it can be easy to get bogged down in this line of work.

As you career advances and you become a more bankable lawyer, you will likely hire a team of paralegals who can perform the bulk of research that you need for a case. This is necessary because at high levels you will be dealing with too many complex cases for you to manage without a support team.

 

How does family law work in Australia?

Posted on by

Family law in Australia is the legal umbrella under which issues relating to the breakdown of a relationship are governed. It is one of the most frequently heard issues in the legal profession and there are many reputable family lawyers all around the country.

Family law does not deal with any criminal issues, although some criminal issues may affect outcomes in family law. For example; a parent found guilty of criminal child abuse would not receive custody of children in a family law dispute.

Above all, the family law system in Australia is designed to protect the emotional and economic well-being of any children under the relationship. The rights of disputing parents are considered secondary to the rights of the child.

This is why classic examples of parents manipulating their children to pick a side in custody disputes are dealt with harshly by judges. The family law system has no patience for individuals who attempt to manipulate the process by coercing impressionable children.

Despite the focus on the well-being of children, this does not always mean their wishes are listened to. Children who are considered too young to make a rational choice on who to stay with do not have their opinions taken into consideration when determining custody disputes.

However, a child who is older (usually teenagers) is hard to force a decision on, so their choices are given more importance in deciding on custody issues.

Most of the time family law disputes are settled out of court via mediation sessions between disputing parties. This is preferred by the court system as decisions that are mediated rather than arbitrated by a judge are longer lasting and more agreeable to each party.

This ultimately helps to prevent family law disputes from dragging out over long periods of time, causing more emotional turmoil the longer they remain unresolved. For this reasons the best family lawyers are usually accredited with alternative dispute resolution (ADR).

High profile family lawyers have usually practised for several decades and have seen a wide variety of different cases with similar circumstances. This gives them a lot of past precedent to work from and they usually don’t need to perform as much research as other types of lawyers.

Australian family law also has a concept known as “no fault divorce”. This means that there is no legal mechanism that acknowledges which party was at fault for the divorce, such as issues of infidelity.

What to look for in a criminal defence lawyer?

Posted on by

Criminal charges are a significant offense that could change the course of the life of those involved. If you are faced with criminal charges it is crucial to seek a criminal defence lawyer at your earliest convenience.

Due to the stakes of these cases it is important to choose the right criminal defence lawyer for you. If you are charged or arrested with criminal offence claims, it is important to act quickly to get you the right representation as early as possible.

When you are looking for a criminal defence lawyer, here are some things that you should look for.

They are available and accessible

Criminal charges can end you up in jail at any time of the day or night. Since your jail time isn’t limited to normal working hours, your criminal defence lawyer shouldn’t be either.

Following an arrest can leave you scared and confused on what your next course of action should be. It’s important the attorney that you choose is there for you and able to guide you at all times.

They can apply effective communication

Facing criminal charges can be a daunting experience especially due to the implications that are at hand. Due to your fate resting upon this case it is important to understand what is going on and the procedures that are involved.

Your attorney should talk to you in a legal jargon-free way to ensure that you fully understand what is going on. If you don’t understand what is happening or are left in the dark, it will only escalate the stress and worry that you feel.

 

They understand the context of your situation

With a lot of criminal charges it is strongly recommended that you don’t ask your attorney if they believe you or not. Regardless of their stance on the situation, a good criminal defence lawyer should be able to obtain the facts that are necessary to get you the best result possible.

False rulings and allegations have happened in the past and can potentially tarnish an innocent person’s future. All criminal defence lawyers should understand that your life is on the line and will do everything in their power to provide the assistance and representation that you need.

Their form of pricing

An important factor for any legal case is the pricing that goes along with your criminal defence lawyer. Typically an experienced attorney will cost significantly more than a student that is fresh out of university.

You want to have a look at the pricing procedures that different firms implement and get a rough average for these types of services. If you really like the look of one place but notice that their fee is higher than the average, don’t be afraid to ask. With these types of things sometimes spending more money will help your chances.

Have a look at their track record

Experience in dealing with criminal cases is essential when you are selecting a criminal defence lawyer. You want to be sure that your representation has done cases in the past that are similar to yours to ensure that attorney is proficient in their field.

Past cases that have been successful and unsuccessful can be used as a foundation to create a strategy and implementing things that did work while also avoiding things that didn’t.

Criminal charges can be very scary even before you go to trial. To give yourself the best opportunity for a better deal it is important that you find a criminal defence lawyer that is able to work effectively with and for you. When you are making your choice, be sure to look for the past things mentioned to get you on the right track.