May 28, 2012

Port v. Cowan -- an update

by Philip Yabut in current events, divorce, gay marriage and divorce

In a previous post I briefly wrote about the saga of Port v. Cowan, a same-sex divorce case that was headed to Maryland's highest court. The parties wed in a civil ceremony in California during the brief time same-sex unions were legal in that state, but their marriage subsequently went sour and they sought a divorce in Prince George's County, Maryland. The circuit court dismissed their claim, ruling that the state did not recognize their marriage as legal. On May 18, 2012, the Maryland Court of Appeals issued its decision, which overruled the circuit court's ruling and instructed it to grant the parties' divorce. The rationale is that Maryland courts only fail to recognize otherwise valid out-of-state marriages if they're contrary to public policy, and they did not consider gay marriage as such. The decision was hailed as a victory by gay rights advocates, and comes as Maryland faces an Election Day referendum on a same-sex marriage law passed by the state legislature and signed by Gov. Martin O'Malley.

This blog is an advertisement for the Law Office of Philip R. Yabut, PLLC, and the information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship. Please do not post confidential information in the comments section.

May 15, 2012

Building up vs. tearing down

by Philip Yabut in child custody

To say that child custody is a delicate matter is an understatement. Emotions run high whenever a child is in the middle of a dispute, and when a court has to get involved, the stakes are all that much higher.

A child custody hearing is essentially a trial, complete with opening and closing statements, witness testimony and exhibits. The object is the convince the judge that your proposed custody arrangement is is in the best interests of the child. The judge will look at the evidence and testimony and consult the local jurisdiction's guidelines as to what will be the best arrangement for the child. And absent evidence to the contrary, the default position is that the parents should have joint physical and legal custody.

Because this is such a touchy subject, it is easy to go ahead and try to demonize the other party and convince the judge that s/he is incompetent or incapable or something worse, and therefore would be unfit to have his/her proposed custody arrangement in place. Pointing out the other side's faults may work well in a political campaign, but in these matters it is much more important to try to paint yourself or your client in the best light possible. Do not get bogged down in telling the judge everything wrong with the other party -- instead, tell the judge why you are a good parent and rebut every point that the other side tries to charge against you through friendly witnesses and positive evidence.

Evolution

by Philip Yabut in current events, gay marriage and divorce

At around 3:00 pm on May 9, 2012, Barack Obama became the first U.S. president to openly endorse same-sex marriage. The president made his views known in an interview with Robin Roberts of ABC News after days of pressure from LGBT groups following similar public pronouncements from Vice President Joe Biden and Secretary of Education Arne Duncan over the weekend. A day earlier, North Carolina voters endorsed a state constitutional amendment banning gay unions, making it a busy time for the same-sex marriage debate.

Arguably, the president's declaration of support for gay marriage after famously saying his views were "evolving" back in 2010 will have the biggest impact in the debate. With North Carolina's vote, 31 states now have laws banning same-sex marriage. Only six states and DC have legalized gay marriage, while five others have civil union statutes in force. Maine, New Jersey, Maryland and Minnesota will vote on legalizing same-sex marriage later this year. Obama's announcement has been hailed by LGBT groups and denounced by heterosexual marriage proponents, which should galvanize both sides as the battle rages on.

It's worth noting that a weekend Gallup poll found 50 percent support of gay marriage nationwide, a dramatic shift from just a few years ago when it was not politically expedient to come out in favor of it. The trend line is clear -- gay marriage is making steady progress in public support. As with other civil rights struggles in our history, the law generally lags behind public opinion. But eventually it catches up, and now it may be possible foresee a future where gay Americans can enjoy the same right to marry the people they love just like everyone else.

May 3, 2012

I am not a lawyer! I am a human being!

by Philip Yabut in law firm management

Let's face it -- lawyers don't exactly have spotless reputation. When people think of lawyers, words like "cheat" and "shyster" invariably come to mind. Okay, I may be exaggerating a little, but stereotypes tend to contain at least a scintilla of truth. The lawyers who actually are greedy, money-grubbing, billable-hour-exaggerating poor excuses for human beings have ruined it for the rest of us in the industry. And the suffix "Esq." may as well be a scarlet abbreviation on our business cards.

Of course, stereotypes are made to be broken. Believe it or not, it is possible to be both a lawyer and a sympathetic human being at the same time. The most obvious first step is to be and stay ethical. There's nothing wrong with making money, but do it with a clear conscience. The other is to give back to the community in some way. You don't have to quit your six-figure salary and corner office and become a public interest attorney -- maybe a donation here, a pro bono case there, or even community service not related to law. The important thing is to never forget that people depend on you, and you depend on them.

Links:

Legal Services of Northern Virginia probono.net/dc

April 27, 2012

Same-sex divorce in DC -- it's easier than you think

by Philip Yabut in gay marriage and divorce

At the time of this writing, only eight states and DC allow same-sex marriage. The corollary is that if a state does not recognize gay marriage, it (usually -- more on that in another post) will not help a same-sex couple get a divorce, and with so few gay-friendly jurisdictions it could be difficult to end a union that ends badly.

Fortunately, if you got married in DC, you're in luck. In March, the DC Council unanimously approved a bill that clears the way for routine gay divorce. The law goes a bit further by allowing a divorce even if one or neither party lives in DC, just as long as the marriage happened in the District and the parties live in a jurisdiction that will not let them get a legal divorce. And, finally, for legal gay marriages not performed in DC, the law allows for the a six-month residency requirement, tying it with Vermont for the shortest in the country.

The result of this law is that in DC gay couples seeking a divorce may now go through the normal process as their opposite-sex neighbors. For the full text of the law, click here.

April 18, 2012

A Custody Fight Like No Other

by Philip Yabut in child support, gay marriage and divorce

As I mentioned in a previous post, at this point in our history same-sex divorce can be a very difficult proposition, especially in a jurisdiction that does not recognize gay marriage. Complicating matters are potential ancillary issues that are routine (or at least as "routine" as they could be, as there are laws governing them already) in opposite-sex marriages.

Take the case of Lisa Miller and Janet Jenkins, a lesbian couple who obtained a civil union in Vermont in 2000. The couple had a child, born to Miller, in 2002, but their relationship ended in 2003. After the dissolution of the civil union, a Vermont court awarded physical custody of the child to Jenkins, with visitation rights to Miller. Miller then fled to Virginia to avoid complying with the court order. She filed suit in Frederick County (Va.) Circuit Court, which awarded her sole custody as the birth mother based on Virginia's 2004 Marriage Affirmation Act. Meanwhile, a Vermont court found Miller in contempt and awarded Jenkins full parental rights, which the Vermont Supreme Court upheld. Jenkins, in turn, appealed to the Virginia Court of Appeals, which overruled that the circuit court, saying that the trial judge should not have ruled on custody at all, citing the federal Parental Kidnapping Prevention Act declaring that once custody is established in one state, a court in another state must give "full faith and credit" to the original court's ruling and thus cannot assume jurisdiction.

The important result from this sad case is that Virginia must honor another state's custody order, even if it is contrary to Virginia statutes, because federal law prevents persons unhappy with child custody orders from seeking favorable rulings in other states. This is a measure of good news, as Virginia cannot apply its own laws restricting same-sex marriage to existing child custody orders in other states. In the big picture, it shows that at least in the subject of child custody there is uniformity in enforcement of laws.

For more information I used for this blog on Miller v. Jenkins, click on the following links:

The American Civil Liberties Union's (ACLU) summary of Miller v. Jenkins ACLU Virginia's summary The Virginia Court of Appeals' opinion for Miller-Jenkins v. Miller-Jenkins Lambda Legal's summary of Miller v. Jenkins "The Strange, Sad Case of Miller-Jenkins v. Miller-Jenkins" (Salon.com, December 23, 2009)

April 10, 2012

When Breaking Up Is REALLY Hard to Do -- An Article on Same-Sex Divorce

by Philip Yabut in current events, divorce, gay marriage and divorce

Divorce is a process that is almost, if not just, as old as marriage itself. In the U.S., it was once fairly difficult to end a marriage, but once states began formalizing uncontested divorce procedures it became a lot easier and less expensive. Of course, that is true only for marriages between a man and a woman.

The Washington Post's Ellen McCarthy writes:

"[Port v. Cowan] represents just one of the many blind spots in the legal infrastructure of same-sex marriage in America. Couples often have different rights when they cross jurisdictional lines and may not have the same status in the eyes of the federal government as they do in their home states. The laws are constantly evolving and election-year politics promise to heighten the already divisive passion surrounding the issue."

Port v. Cowan (link leads to a video of oral argument in the Maryland Court of Appeals), nicely summarized by The Baltimore Sun, is a divorce that would be a matter of a few minutes in court followed by a one-line declaration by a judge and a short decree declaring the parties are separated by law. But for gay couples that go sour, the country's current patchwork of same-sex marriage and divorce laws makes something that most people take for granted a more difficult proposition.

If you live in a state that has already legalized same-sex marriage and/or recognizes such unions from other states, divorce is as simple as following the rules. However, if you don't live in such a state and you need to separate from your spouse, the best way to protect your rights is to sign a binding property settlement agreement with your spouse, as well as rewriting your will and creating new beneficiary arrangements for insurance purposes, and that's just for starters. Simply put, you would need to manually sever as many ties as you can with your spouse with separate instruments to gain the same effect that a divorce does automatically.

It is difficult enough, especially during an emotionally stressful time like a separation, to have to deal with jumping through legal hoops. But it is better to safeguard your rights. And maybe someday the law will catch up so all of it will become unnecessary.

April 3, 2012

Adaptation.

by Philip Yabut in law firm management

The ABA Journal recently posted an article on the future of the legal profession:

"There will be 10 to 40 percent fewer lawyers in the next decade than there are today, a trend that will effect mostly solos and small firms, predicts Fairfield, Connecticut-based attorney Fred Ury, according to [Jim] Calloway [director of the Oklahoma Bar Association's Management Assistance Program]. And the growing number of venture capitalists throwing tens of millions of dollars at startups automating basic legal services cannot be ignored by U.S. lawyers, Calloway said. However, lawyers can embrace some of those same systems, tools and techniques to boost their own law practices and attract clients."

As a new startup myself, I need to figure out how to create business in a challenging economic environment. Not only are potential clients seeking lower cost alternatives to the traditional attorney fee structure based on the venerable billable hour, but there is a huge movement afoot to meet that need in the form of low-cost do-it-yourself document assembly services such as LegalZoom. Need a will? Power of attorney? Simple divorce papers? Just click a link and avoid talking to (and paying for) a lawyer.

To that end, I have added my own online document assembly service to my law practice. The drawback to LegalZoom and its commercial competitors is that they cannot offer legal advice -- you're completely on your own, so if something goes wrong, you could be stuck with a bigger problem than what you started with. My service goes beyond what they offer -- for a low, fixed fee, you can ask for a personal consultation on your legal documents, whether you create them on my website or not.

Times change. The trick is to keep up and not be left behind.

April 2, 2012

"Legally" Separated?

by Philip Yabut in divorce

I came across a question on the Q&A site Avvo.com asking if there was such a thing as "legal" separation in Virginia.

If you watch enough television, you'll find the term "separated" casually thrown around as a prelude to divorce, which might make one believe that it is some kind of legal term or procedure. While it is true that Virginia divorce law includes the term "separate and apart" in § 20-91, there is no such thing as a state of "legal separation." If you are seeking a divorce, there is no need to sign anything memorializing the separation from your spouse. Just remember that you need to stay "separate and apart" for the prescribed time.

Philip R. Yabut, Esq. || 1100 N. Glebe Road, Suite 1010, Arlington, VA 22201 || (571) 393-1236 || pyabut01@gmail.com

March 30, 2012

In defense of self

by Philip Yabut in current events

The controversy and rancor over the tragic shooting of Florida teenager Treyvon Martin in Sanford, Florida, has put a spotlight on so-called "stand your ground" laws that 18 states currently have in force. Basically, stand your ground is a further expansion of the common law self-defense doctrine that every state has codified in various degrees.

The common law self-defense doctrine allows for the use of justifiable force to protect your or someone else's life. The elements are that you are a non-aggressor that must have reasonable belief that force is necessary to protect yourself from the imminent use of unlawful force by another person, and that your response must be in kind (in other words, you cannot use deadly force if your life is not threatened). Deadly force is permissible if your life is in danger, and -- most importantly -- there is a duty to retreat if the opportunity presents itself.

The so-called "Castle doctrine" expands common-law self-defense by removing the duty to retreat if threatened with bodily harm in your home. 27 states have passed a version of this rule.

A number of states have passed "stand-your-ground" laws, which further expand self-defense by removing the duty to retreat in situations outside the home. If you feel threatened anywhere, you can "stand your ground" and defend yourself, and the law grants immunity from prosecution for homicide or manslaughter. Florida's rule is now under the media and legal microscope in the wake of the Trayvon Martin tragedy.

March 29, 2012

Business Planning Square 1: Mission Statement

by Philip Yabut in law firm management

So you want to start a small business -- in my case, a law firm. Virtually all experts recommend drafting a business plan, which is what I have started with step 1: the mission statement. After all, the first thing you need to step into the self-starter world is a reason to exist.

Of course, being a lawyer, the first thing I did is look for reference material online. There are many resources floating around the Internet to assist in creating a business plan. Perhaps the most referred link is the Small Business Administration's "How to Write a Business Plan" page, which has comprehensive and user-friendly guides for the budding entrepreneur. I also found CMS Law Firm's blog Starting a Law Firm helpful (they recently created a new site here). Finally, here's a link to the American Bar Association's solo practice resource page.

Taking all of this advice, plus that of my loving fiancee, I set to work on coming up with a mission statement. I thought about how I want to make my embryonic practice stand out in a sea of solo and small firms in the Metro DC area. I wrote down a few bullet points describing what I envision my firm will be in the near and not-so-distant future. Since a mission statement should only contain a few sentences, I condensed the points into a short paragraph, which is now on my firm website and Facebook page.

"It is our mission to provide quality legal representation with the highest level of integrity. We will strive to provide services based on value to the client, helping the growing segment of the population that cannot afford legal representation under a traditional billable hour system. Through these principles, our goal is to become a leading family law practice in Northern Virginia and the District of Columbia."

February 28, 2012

Separation Anxiety: Preparing for Divorce

by Philip Yabut in divorce

Getting a no-fault (uncontested) divorce sounds simple, but in practice it is not an easy undertaking. Besides likely already being in a fragile emotional state, there are conditions to be met and preparations to be made.

The first set of basic requirements are time and space. In DC, you need to be living separate and apart from your spouse for at least one year prior to filing your divorce complaint (papers). Virginia's time is one year if you have children from the marriage, but only six months if you don't have kids. "Separate and apart" means just that -- you are not living together as husband and wife -- which means (but is not limited to) having separate living arrangements, not going out together for social engagements or worship services, paying separately for expenses and meals, and (possibly most importantly) having absolutely no sexual relations. This condition must be corroborated in court through testimony of a witness, who can ideally be a friend who has seen your lives evolve after the initial separation.

Also noteworthy is that in Virginia it is possible to live separate and apart in the marital home, though it is difficult to prove in court proceedings and requires much time, preparation, and cooperation between the parties.

The other main element is the property and settlement agreement (PSA). If you have any marital property, it should be divided, set in writing, and absolutely agreed to before filing anything with the court. Oral agreements are not enough -- the court will incorporate the PSA into the final divorce decree at the end of the process, so be sure it's accurate and complete.

Preparing for divorce requires patience and diligence, either of which may be in short supply as emotions run high. While it may seem daunting at the beginning, it is important to follow through all the requirements to the letter, otherwise you risk running into unnecessary delays and undue emotional hardship.

February 26, 2012

The Real Marriage Revolution

by Philip Yabut in divorce

As of this writing, seven states (CT, IA, NH, MA, NY and VT) and the District of Columbia have laws legalizing same-sex marriage. Gov. Christine Gregoire just signed a bill legalizing it in Washington, which will start recognizing same-sex unions in June, and Maryland Gov. Martin O'Malley did the same this past week. Advocates are steadily making inroads, though 29 states prohibit it by constitutional fiat and 12 others through statute, and the Defense of Marriage Act (DOMA), passed in 1996, prohibits the federal government from recognizing same-sex unions. Opponents continue to decry it as a threat to the institution of "traditional" marriage. There have been few studies on that subject, and, to be sure, the first state to legalize same-sex marriage (MA) did so only in 2004, but early trends suggest that there have been little or no negative effects on the overall divorce rate.

In 2010, New York made news by becoming the last state to legalize divorce by consent, a.k.a. no-fault or uncontested divorce. Starting with Oklahoma in 1953, each of the other 49 states passed no-fault divorce statutes. Prior to 1953, the only way to get a divorce was showing a court that there were fault grounds to dissolve a marriage, such as abandonment, abuse, adultery or fraud. Absent a real problem (or mutual perjury), it was difficult to end a marriage. But after more states began allowing uncontested divorce in the 1960s, divorce rates started to increase before leveling off by the turn of the century.

One can argue the merits of allowing divorce without fault, whether it be the ease of getting out of unhappy or abusive marriages or curbing institutionalized perjury. The fact remains that divorce rates were widely affected simply by making easier to get one, and that it remains to be seen if the legalization of gay unions will have any effect at all.

January 30, 2012

Laying infrastructure - early law firm management

by Philip Yabut in law firm management

In 2008, everything changed. Markets around the world collapsed, and many people were driven out of work as a result. High unemployment meant loss of income, and that in turn led to far less spending back into the economy. In the legal field, an area long thought to be "recession-proof," lawyers were laid off left and right, and firms large and small downsized or disappeared altogether as billable hours dried up, as people and companies could not afford ever-increasing legal fees. The economy has since improved, but the survivors of the Great Recession were left to pick up the pieces and move forward.

I actually "officially" started my law practice late in 2010 by registering as a PLLC with the Virginia State Corporation Commission, and my basic website followed shortly thereafter. I recently purchased a book, Law Practice Strategy: Creating a New Business Model for Solos and Small Firms by Donna Seyle (the source of much of the background information on this blog post), when I decided it was a good idea to expand my online presence. I started by creating a Facebook page and Twitter account for my law firm and expanding my LinkedIn profile. I also started an online services page, which features do-it-yourself legal forms for fixed fees with options for attorney review. Furthermore, I created a profile on the legal and medical advice site Avvo.com and began answering questions there, linking my responses to Twitter and Facebook. Finally, I started this blog to write about law issues and my progress in establishing a solo law practice. I took all of these steps at a very low financial cost, with only the book and the online services being the only items where I had to pay any money.

Creating the infrastructure for my law practice was actually the easy part. I had a plan and followed it fairly quickly, and I was totally engrossed in the effort. Keeping up the momentum created by this process is proving a bit more difficult for me. Infrastructure is all well and good, but you need to add moving parts for it to be useful, and networking has become more key for me to get my name out into the industry. In the past, business cards and word of mouth were paramount, but in this age of growing Internet resources, more and more people are simply going online and trying to find answers at the lowest cost to themselves. To this end, I am seeking to increase my digital footprint by using my new infrastructure to expanding my name recognition. At this point, online networking means following other attorneys on Twitter, keeping the blog up to date, finding old and new contacts on LinkedIn and Facebook, and using Avvo and similar Q&A sites to provide additional substance to my cache, as well as gaining new knowledge for myself. There are many other low-cost networking possibilities that I will pursue, but at this point what I have is keeping my hands full.

Offline, I am doing volunteer work and doing pro bono intake, which sometimes leads to representation. While this does not lead directly to income, it provides valuable in-person experience and allows me to problem-solve. I have also joined local bar associations in DC, Arlington, and Fairfax, and seek to be on their attorney referral lists.

Overall, it has been an interesting month on the infrastructure front. Much more work lies ahead. But it's been fun so far.

January 26, 2012

Details, details

by Philip Yabut in divorce

Divorce can potentially be one of the most stressful and emotional times of a person's life. Even if there are no issues to be worked out between the spouses, ending a marriage is difficult proposition, and ideally it should be done as efficiently and painlessly as possible. For many people, it's just a simple division of assets and liabilities. For others, property can include trust funds, pensions, securities and other complex instruments. And there may also be powers of attorney and wills to worry about on top of everything else.

One of the keys to a smooth divorce is drafting a thorough property settlement agreement (PSA). Be sure to include every single asset and liability, no matter how seemingly insignificant, because any issue can delay proceedings and may require an ultimately unnecessary court appearance or two. Even if you're going pro se, and if you have the means, have an attorney look over it before signing. Online law firms are growing in number, and many offer low-cost, flat-fee consultation and document review.

In short, make sure the PSA is as detailed as possible. People often complain that lawyers are overly wordy in their language (the so-called "fine print"), but this is to make sure there are no questions about what is in the document. In this case, it could save you time and money.

January 12, 2012

Change a Judge Can Believe In

by Philip Yabut in child support, spousal support

National Park Service

To paraphrase the old philosopher Heraclitus, change is the only constant in the universe. Everything in nature is in continuous movement, and one never sees the exact same thing twice. You can go to the same spot overlooking the Grand Canyon a thousand times, but each visit is unique, a little (or a lot) different. No matter how similar it looks, if you examine your surroundings more closely, you'll find differences both obvious and subtle.

In family law, change is paramount in cases of child and spousal support. After the judge's initial support decree, the parties have two choices: live with it until it expires on its own, or try to amend it. Both the Virginia and District of Columbia codes provide for modification of support orders if the party asking for it can show a material change in circumstances. That change can be as major as a new (or loss of a) job, marriage, health problems -- or something as mundane as the passage of time. If you show the judge that things are different, you can get more (or be compelled to provide less) support for yourself or your children.

Support guidelines are generally mechanical in nature -- you both supply income and assets/liabilities information and, for the most part, the judge chooses the number that comes up. The judge has some leeway for extenuating circumstances like those I mentioned above. When you seek a support order modification, be sure to tell your attorney everything you can think of that can or actually does affect your financial status, no matter how mundane. Because even the smallest change can be significant.

January 9, 2012

Living Wills: The Curious Case of Terri Schiavo

by Philip Yabut in power of attorney

In March 2005, the nation was captivated by the case of Terri Schiavo, a Florida woman who had been living in a persistent vegetative state (PVS) for 15 years, surviving only because a feeding tube was providing her with sustenance. Doctors had concluded that her higher brain functions had ceased and that she had no hope of recovery, and her husband Michael Schiavo decided to remove the feeding tube and end her life. Her parents fought this decision for years, and the legal firestorm that ensued eventually drew in politicians on the state and national level, and eventually an unsuccessful petition to the U.S. Supreme Court. Ms. Schiavo finally died, but not after becoming a cause celebre for both sides of the "right to die" issue. At the core of the debate was whether or not Terri had definitively given Michael consent to end all extraordinary means to prolong her life -- colloquially, "pulling the plug." Michael had repeatedly insisted -- and state courts agreed -- that he had discussed with his wife that she did not want to continue living under extraordinary means, and that he had oral consent to end her life if the situation arose. However, she did not write down her intentions, leaving it to a "he said, she said" battle that would rage for years. In the end, much heartbreak and hardship could have been avoided if Terri had what has become known as a "living will," a legally binding document that you can use to determine end-of-life issues should you become permanently incapacitated. And, as soon as this case finally ended, I drafted my own living will and distributed it to my loved ones.

The living will must be properly witnessed to be effective (in Virginia, one person must witness your signature; in DC, you need two witnesses), and may contain additional provisions for organ donation and power of attorney for health care. If nothing else, it will provide peace of mind that if the unthinkable happens, your family and friends will not have to deal with unnecessary heartbreak and a potentially emotionally charged fight over what to do.

January 9, 2012

The journey begins

by Philip Yabut in Uncategorized

Hello, everyone. These postings will reflect my views and opinions only, and not those of anyone else -- and, of course, they are not to be construed as legal advice or create any kind of attorney-client relationship.

I'll begin by talking about why I decided to become a lawyer -- and a solo practitioner, at that.

When I was in 8th grade, someone -- the local school district, the school itself, not sure who exactly -- decided to change the social studies curriculum to something more focused on American history facts and figures. We were to be the last class taught on the old curriculum, which included an overview of the U.S. Constitution. Up to that point, I was convinced that I would be involved in sciences of some kind, but my first exposure to the nation's governing documents gave me pause. It was not much more than a basic civics class, complete with a class trip to Washington, D.C., but I found myself with a way forward in the direction of my life. I decided right then I would work toward a career in the legal profession, and my coursework in high school and college reflected that, with an emphasis on American history and political science as there was no "pre-law" track available.

I eventually got admitted into George Mason University School of Law in Arlington, Virginia. Instead of searching for the fastest route to a big DC firm I decided to take a different approach to my career. I took internships in the public interest area and worked for a solo practitioner, getting some courtroom exposure and first-hand experience in law firm management. I learned early on that there was much more out there in the legal profession than the Big Law experience. And because GMUSL is a public school with very reasonable tuition at the time, I did not have gigantic student loans to pay back, so I did not feel overly pressured to follow the big money.

My first exposure to family law was through one of those internships, a summer and a semester at Legal Services of Northern Virginia in Alexandria, Virginia. I did some client intake and performed law clerk duties, which meant drafting court pleadings and client letters, but also included arguing motions in court under attorney supervision. Cases ranged from people seeking divorces to child or spousal support to emergency domestic violence hearings, all done pro bono. It was a very different world from how many see the legal profession. There were no glass walls or giant corner offices or secretaries in central cubicles. I shared a small closet of an office with the other interns and dealt with clients who had trouble feeding themselves and their children, people who are underrepresented in the legal profession. The attorneys were (and still are) overworked and underpaid, but they seemed happy that they were doing good for the community, filling a need for people that society seemed to have left behind.

It may sound trite and contrived, but I decided I want to make a difference with my law degree and license, and that I wanted to do it by opening my own practice in family law. It took a few years after graduating from school, but here I am, trying to get it going. I hope to do well for myself and my family, of course, but at the same time I want to feel like I am doing something for my community, like those Legal Aid attorneys. And, for me, that means giving clients the best representation that I can give. Family law is not for everyone -- emotions often run high, and you frequently have to deal with people in the most stressful times of their lives, whether it be ending a marriage gone wrong or trying to do what's best for their children. I am confident that I am up to the task.

My hope for this blog is that it will contain useful and interesting information about current issues in family law and my experiences in solo and virtual law practice management. Thank you for reading.

The information in this post is not to be construed as legal advice, nor does reading it form an attorney-client relationship.