What You Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You – Part I, Has my Lawyer Fallen from the End of the Earth?

What You Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You

Divorce trials are strange, unfamiliar things to most people. You can feel like you’re in the dark. If your divorce attorney doesn’t do a good job being clear with you, that feeling of being in the dark can turn to mistrust of your lawyer, insecurity, and fear. In this series, What you Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You, I’ll shed some light on your divorce trial.

In this first installment, Has My Lawyer Fallen from the End of the Earth? I’ll explain why your lawyer’s seeming disappearance before trial isn’t a sign he or she has met a bizarre end or doesn’t care about your case. (So hold off on emailing tabloid websites with your proof the world is flat because your lawyer just fell off the edge of it.)

Pre-trial pre-production for your divorce trial

Before any organized presentation, there’s a lot of preparation. That prep is crucial to make sure the presentation is smooth and coherent, and as well thought out as possible. Think of it as pre-production.

Divorce trials are no different. They require a LOT of pre-production. A well prepared attorney generally spends four to five hours of preparation time for every hour they’ll spend in court.

How is that possible? A divorce attorney preparing for a divorce trial or other family law trial has a lot to do.

 

Not proof the world is flat 

Your attorney has a lot on their plate when preparing for your divorce or other family law trial. During the busiest parts of that trial preparation, they may rely on another attorney in the firm, a law clerk, or assistant to help support you. Those trusted members of your divorce team may support you through any questions or issues come up.  If that happens, don’t take it personally; your attorney isn’t blowing you off. They haven’t fallen from the edge of a flat earth, and they certainly haven’t stopped caring about the outcome of your case. It’s quite the opposite.

Your attorney cares so much that they are directing the lion’s share of their time and attention to preparing for your trial. They want to be as prepared as possible for your divorce trial so they can do what you hired them to do: get you the best result they are able to achieve.

Many attorneys miss out on time with their families, other personal events and interests, and even needed rest because they become incredibly focused on preparing for your trial so they can do a good job for you.

An alternative to the tribulations of a divorce trial 

If a divorce trial sounds like it’s not for your circumstance, there’s an alternative: collaborative divorce.  Not every attorney is trained in this amicable divorce option. Also, it’s not appropriate for every case.

At Hightower Reff Law, however, (as well as practicing in traditional adversarial divorce) attorney Scott Hahn and I are both certified collaborative divorce attorneys.

In a nutshell, in collaborative divorce, you and your spouse work with a team of professionals to come up with an agreement to submit to the court. That agreement will become your final Divorce Decree. There’ll be some court involvement to get everything finalized. However, collaborative divorce is usually easier in the end, in part because you have everything agreed upon ahead of time instead of “duking it out” at trial.

There’s more info on collaborative divorce available on the Hightower Reff blog and website.

Next time in the series, What You Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You

Next time in the series What you Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You, I’ll share some ideas on what YOU can do to prepare for your trial to help increase your chances of success.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For More Information:

Learn more about Hightower Reff  Partner Attorney Tracy Hightower.

Find out more about Hightower Reff’s family law services.

 

If you need help with a Nebraska divorce or other family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

Countdown to Cameras in Nebraska Courts – New Rule Starts March 2017

The countdown to cameras in Nebraska courts is on. If you’re in a Nebraska district or county court after March 1, 2017, you may see a new thing in our State – news cameras inside the courtroom doors.

Nebraska is joining many other states, including Iowa, that have had cameras in their trial courtrooms for years. States like Nebraska, however, have been hesitant to allow electronic recording in courtrooms.

What the new Nebraska rule says

The new Nebraska Supreme Court Rule allows electronic cameras in Nebraska courts, recording and social media posting from the courtroom. But don’t show up at your local courthouse with a video camera or your smartphone looking to become a YouTube correspondent.

Only approved news media outlet representatives with approved equipment are allowed to record or report electronically from the courtroom. Anyone looking to provide expanded coverage under the rule has to ask for permission in advance, using a specific written form.

Under the rule, a judge can approve someone outside the approved list of media outlets who asks to take part in providing coverage in the courtroom. However, everyone looking to report from court must follow the rule’s written request and approval requirements.

There are other restrictions to cameras in Nebraska courts as well:

 

The rule doesn’t require expanded media coverage, it only allows for it. Not every Nebraska judge will allow expanded coverage in their courtroom, and the decision is up to their discretion.

The case for and against cameras in the courtroom

Cameras in Nebraska courts and other electronic recording in the courtroom have long been a hot topic of discussion.

On one side of the issue, those opposed say that the expanded coverage brings with it a risk of making witnesses afraid to testify and jurors afraid to serve, making a mockery of the judicial system, or tainting potential jurors’ opinions of a case.

There’s also concern that it may change the way a judge communicates with attorneys and his or her staff during a proceeding, cause a distraction, or disrupt the courtroom.

While some of those arguments are compelling, state courts that have allowed cameras in the courtroom have kept their expanded coverage rules – maybe for very good reasons. Some believe expanded coverage is important to the public interest.

Those in favor of expanded courtroom coverage say it gives people who otherwise may not ever go into a courtroom as close to a first-hand court experience as possible. They believe that look inside the courts can be a teaching mechanism to give people a better understanding of how our judicial system works, and increase their confidence in the courts. There’s also an argument that cameras in the courtroom supports the public’s “right to know” what happens in our judicial system.

If you think cameras in Nebraska courts will be an issue for you

If you have a case coming up in a Nebraska court that isn’t in one of the excluded categories in the infographic above, the question of cameras in the courtroom may hit close to home.  You should talk with your attorney so you’re both prepared if you think your case might attract media attention.

Media making a request for coverage must do so via a special form. They have to send the form request to the Judge and all attorneys. If you don’t have a lawyer, they have to send a copy to you. The judge will decide whether to approve the request. Depending on the type of hearing the media wants to cover, you may be able to object if you choose.

If you want to object to a media request for expanded coverage in your hearing or trial, you or your lawyer has to file a written objection. Be aware, however, there’s a time limit to file your objection. Also, it must be sent to all parties, and to those requesting to cover the hearing.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Susan Reff – a Hightower Reff  Partner Attorney practicing in criminal defense, DUI, and family law –  visit her profile page.

Find out more about how Susan and Hightower Reff can help with your criminal case. 

If you need help with a DUI, criminal defense, or family law case, contact Hightower Reff Law todayand come visit with Partner Attorney Susan Reff or one of our other experienced attorneys at the firm’s Omaha office