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Joseph Agiato
Monday, 31 March 2008
Fresno Family Law Attorney Says Collaborative Law Can Provide Smoother and More Affordable Divorce

Fresno, California (PRWEB) March 25, 2008 -- Fresno family law attorney (http://www.childsandchilds.com) Erin Rhames-Childs (http://www.childsandchilds.com/Bio/ErinRhamesChilds.asp) knows that most divorces are expensive. Divorcing spouses can end up paying between $5,000 and $30,000 or more in legal fees and court costs. People who may not intend to spend several years in court often find themselves caught up in a long fight because zealous attorneys and the nature of litigation push them into it.

 

"Fortunately," says Rhames-Childs, "most people can avoid the conflict and complete a divorce within a much more reasonable length of time and at much lower expense."

 

Collaborative law (http://www.childsandchilds.com/PracticeAreas/Collaborative-Law.asp) can help divorcing people prevent a long and expensive lawsuit. It can cost much, much less, and take only a few months, instead of several years. Most importantly, it is designed to prevent the contentious and emotionally draining litigation practices by preventing animosity and encouraging cooperation.

 

In the collaborative process, the parties begin by recognizing that long, costly, and terrible divorces can happen without their really intending them, simply because of the adversarial nature of the process. "I have seen this happen in many cases," says Rhames-Childs. "People get caught up in the battle and then they can't let go."

 

The next step in the process of collaborative divorce is for the spouses to select collaborative lawyers, who are specially trained in the collaborative process. "Very few lawyers are trained in collaborative divorce, and because the approach is so radically different, an untrained lawyer will usually be less effective and more expensive," says Rhames-Childs.

 

In response to that prospect, both of the divorcing people, along with their collaborative lawyers, agree in writing to be open and respectful, not to take their dispute into court, and not to take unreasonable positions just to see if they can succeed in squeezing more out of the other side. They will openly negotiate the terms of their divorce, making mutual agreements about property division, child and spousal support payments, and child custody and visitation.

 

They will negotiate the agreements together, in a series of meetings with both spouses and their respective collaborative attorneys.

 

Some collaborative divorces can be completed with just one or two such meetings, others take a few more. "It depends on different things," says Rhames-Childs. "Sometimes a case is just more complicated because people have more stuff to divide." Almost all collaborative divorces are completed within a few months, though, without going to court, without racking up shocking attorney fees, and without using litigation to destroy either spouse's financial and emotional stability.

 

"People facing a divorce need to know they have another option," says Rhames-Childs.

 

Erin Rhames-Childs is a Fresno collaborative divorce attorney (http://www.childsandchilds.com/CM/Custom/Firm-Overview.asp) who also provides services for child custody, child support, spousal support, adoptions, guardianships, grandparent rights, domestic partnerships, and domestic violence restraining orders. Childs & Childs is proud to work throughout the Central Valley including cities like Fresno, Madera, Clovis, Kingsburg, Reedley, Selma, Tulare, Hanford, Visalia, Merced, Modesto and Coalinga.


Posted by josephagiato at 9:18 AM EDT
Monday, 17 December 2007
Joseph Agiato, Lawsuit Loans - 3 Things You Must Know About Lawsuit Loans

Joseph Agiato, Lawsuit Loans - 3 Things You Must Know About Lawsuit Loans

 

If you have heard the term lawsuit loan and want to know what it is all about, then you will want to read this article. Specifically, I will discuss the options that people who are in need of getting an advancement to file a lawsuit have available to them. After reading this article, you should be familiar with what lawsuit loans are, and be able to decide if you need to raise capital before filing a lawsuit.

Lawsuit loans are technically called litigation funding. This is where people who are filing lawsuits receive money from private investors (or certain kinds of firms), who in return take out a lean against the proceeds that may be rewarded to the person. The idea is that certain people need money available to them in order to file a strong lawsuit and there are investors who will give them money now for a cut on the final settlement.

The reason a lawsuit loan is technically not considered a loan, but litigation funding, is if the lawsuit is not successful and no claim is rewarded then the person bringing suit does not have to pay back the loan to the investor of the firm. In other words, it's what's known as non-recourse debt.

Litigation funding isn't just limited to the plaintiff bringing suit but is also available to attorneys. There are plenty of funding companies who are ready and willing to advance money to attorneys in exchange for percentage of the legal fees they anticipate to be earned during the suit.

Lawsuit loans are typically awarded to those who file personal injury suits, but this is not the only time these take place. Also, they are available during commercial litigation and in certain patent cases. Oftentimes, the firms who are willing to award a lawsuit loan will review your case in advance and give you an answer whether they are interested in funding you.

You can find different firms who are willing to give litigation funding by doing a search on the Internet. Oftentimes, they will be able to review your case and give you an answer in less than 24 hours.

In conclusion, you should now understand the basics of lawsuit loans and who they apply to. This may be a useful option if you're bringing suit for a personal injury, or other claims where you expect to be awarded a large sum but currently don't have proper funding.

 

Want to Learn More? Steven Ross has written many other excellent articles on Structured Settlements. Please visit his site at

 

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Posted by josephagiato at 3:07 AM EST
Updated: Monday, 17 December 2007 7:34 AM EST

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