New Series: What Lawyers Say

Day One:  Lawyer Quote #1

Social Media Rocks.  Why?  Good lawyers are getting the word out.  We are listening.

It is NOT all attorneys and judges involved in wreaking havoc on unsuspecting citizens.

This is anonymous for now, until we have permission to use his name:

“Reforms are definitely needed in [my state]. To establish reforms that benefit the parties will require the participation of family law lawyers who support certain changes, too many which can be listed here.  (MAC: we agree) That said, it’s no secret that the family law system is a business. Additionally, it should be generally understood that model does not serve clients well, unless a client gets lucky and hires a highly ethical and competent family law lawyer who is more interested in resolving the divorce as amicably and efficiently as possible, rather than generating the most billable hours. I’ve seen far too many examples of the latter.

I was told by prior employers that I solved cases too quickly, and that by doing so, I cost that employ tens of thousand of dollars that could have been generated from the case (had I not resolved the parties issues so soon). That’s the primary reason I decided to work for myself, so my hands would not be tied, in terms of helping people resolve their divorce without costing so much, and without the unnecessary generation of conflict.

To put out a fire, one should apply water, not gasoline. Many family law lawyers apply gas to increase the fire. The brighter and longer the fire burns, the more money they make. Of course, one who has a conscience (such as myself) finds this approach beyond deplorable.

Again, it’s no secret (at least within the industry) that most family law lawyers don’t bend over backwards to resolve conflict as quickly as possible, whether their reason is to generate more billable hours, or they lack the skill (professional/legal or interpersonal) to help parties resolve conflict in a competent manner.  (MAC note: why should this secret be kept from the public?)

Most lawyers are adept at conflict. Also, many get into family law for the wrong reason (because there’s plenty of work and it seems like an easy area of law, and it’s also easy to start a solo practice). Hence, parties are at high risk that once they initiate their divorce process and hire a lawyer, that their problems will escalate.”

* This is just one sample: lawyers all over our country are stepping forward to say they are OVER being labeled along with those who commit fraud, breach fiduciary duty, commit legal malpractice…or who are just plain lazy or greedy, or all of the above.

Keep it coming!

#Courage #ThrowawayClient

problem_solved

What many lawyers – not all – want you to do

Mission: Improve Family Law

Why is My Advocate Center a mission, or considered a public service?

The public trust is being destroyed at an alarming rate around our legal system.  This is not just a family court issue, of course, but our focus with this organization is on what is happening to parents and children, and what can be done to restore balance, help families recover faster, and to prevent more of the misconduct that is driving a severely negative aftermath.

What this Situation looks like to families:

  • Parents are being deceived as they go through divorce, manipulated due to their vulnerable emotional state.
    • They are experiencing escalated and prolonged conflict rather than advocacy designed to lower and end conflict.
    • They are losing everything they have in the process, rather than having resources (including time and health) preserved for the benefit of their children.
  • Parents are losing their right to time with their children and the right to nurture and protect children.
    • This is happening to both fathers and mothers, and in contrast to what the evidence of the case dictates.
    • This is in conflict with our laws & ethics rules governing family court professionals. It is in conflict with common sense and with our humanity.
  • Our reporting stemming from the investigation of these cases explains that in many cases, the healthier parent is often targeted for loss and undermined with regard to providing for children and with regard to the financial outcome.
    • This is occurring while the more dysfunctional or vindictive parent is rewarded for using foul play.
    • It appears there is a simple profit motive for cases to be managed toward this end.  The more you incite an “off-balance” or vindictive party, or the more risk you create for a child, the more desperate the other parent will be to litigate to restore balance or prevent loss.
    • The examination of billing records by many attorneys and custody experts provides a clear picture of the motive behind the mismanagement of cases and the abandonment of ethics.
  • Children are losing the best of both parents in many situations, as one or both parents are removed from the children and to a degree that is either not necessary.
    • What is being done to parents in a large number of cases is not in keeping with the facts of the case.  If you look at each case it is clear that what is being told or done to parents by professionals is either causing or exacerbating the problem.
    • The damages, the worsened outcomes, are beyond what these parents would cause or experience on their own.
  • These families are not just dividing assets and time; they are being destroyed, and the mental health damages are on the rise.
    • These leads to more addiction, more violence, and more trauma for children.
    • This also means that in cases involving child abuse, the children are losing the parent who is more nurturing and protective, and they are often subjected to more abuse.
  • Parents are so distracted & destabilized by the process, by what certain professionals are doing and saying to them, that they feel helpless and hopeless.
    • They cannot make informed or good decisions, and until it is too late, they do not realize that they have been set up to fail.
    • Many are losing their homes as a result.
  • Many litigants lose control after realizing that much of what was done to them and to their children was done intentionally.  The trauma from the betrayal combined with their losses is too much for some, and we have seen suicide and other devastation.
  • Some parents work to learn the truth surrounding how their cases were handled, and are finding that it is virtually impossible to correct the damages or to have accountability for the professionals who caused the damages.
    • After vetting many dozens of cases in this area, a clear pattern has surfaced which reveals that certain attorneys, custody experts, financial advisors and judges are cooperating to cause the damages and to cover for each other.
    • This realization is leading to a desperate and outraged public.  With no end in sight for consumers, there is no hope for the public to trust our legal system.
  • Even more parents are too destabilized, or too ashamed to acknowledge what was done to them, to even be able to speak up and ask for help.  This serves to feed desperation and bitterness, while also enabling the misconduct to continue and even increase.

It is critical now that we work together as a State to avoid more of this where and when possible.

My Advocate Center helps you see the path ahead, like never before possible.

My Advocate Center helps you see the path ahead, like never before possible.

Solutions:

We believe all of this does not need to be the case, and that there are solutions that are positive, inclusive and that can benefit parents and children across the socio-economic spectrum, from all areas of our state.

These solutions benefit both consumers and professionals, while also serving to uplift our schools, law enforcement and our government agencies — as healthier, more intact families make contributions to community and help reduce waste and time lost from school, work and life.

  • We are working on a number of cases right now where we can demonstrate that it IS possible to make corrections and to restore balance.
    • Transparency is being introduced where none existed before.
    • Identifying & supporting the right legal professionals as they advocate for corrections in a way that serves the real needs of children is key.  It is clear now that there are attorneys who believe in upholding the needs of parents and children, and who take fiduciary duty & the standards of care seriously. They are using available evidence to reach the best outcomes, protecting clients and children in an ethical manner.
    • Our healthcare community plays a critical role in supporting families, but is currently under-utilized in serving the mental health needs of parents dealing with conflict and dysfunction.
    • More upstanding medical & psychological professionals are showing support and speaking up, offering help on these cases.
    • Demonstrating what is possible when parents can address their real mental health needs, and while being served with honest and loyal guidance from legal & financial professionals will do much to create positive changes to the negative trends described here.
  • The forward-thinking part of our mission is to create an informed public who will seek out the best counseling early in the process, where prevention and intervention can take place.

Improving the Family Law Environment:

  • Doing this work will go a long way toward restoring the public trust, to restoring balance in a way that helps our legal system function as it was designed to – for the benefit of our citizens and their children.
  • Parents and children will have a voice and a way to be heard that makes a difference in how they are treated in our legal system, and in a way that leads to better outcomes and faster recovery.

With the help of our advisors from various civic and business sectors My Advocate Center has developed white papers and case studies that address both problems and solutions related to the damages being caused to far too many parents and children in Georgia.

In these documents we outline the various components of this industry in a way that will help you understand the big picture, specifically why thousands of people and children are left in worse shape than where they were found before entering the legal system.  This section on our website was designed to present some of the highlights.

Perspective:

There are several key points we ask you to keep in mind as you read and digest our reports:

  • The extent of the damages being caused to good parents and to children is unnecessary.
    • Divorce is bad enough, but what the process is doing to families is worse than what even “high conflict” parents do to each other, and it is worse than what the children are experiencing before their parents enter the legal process.
    • We are asking you to focus on why that is the case, who is driving this situation and preventing transparency and accountability.
  • While this is a large and complicated problem, we believe nothing is impossible.  The alliance that has been forming to start shifting and correcting these issues has powerful resources.
  • A growing percentage of our population believes that all legal professionals, including all judges, are corrupt.  Many see the whole system as broken, and want it taken down.
  • Our leadership sees extensive damages, large numbers of cases being mishandled with a worsening aftermath for children and for parents.
    • Their mental & physical health are negatively impacted by trauma created from professional misconduct layered on top of naturally occurring losses.
    • Parents are finding they cannot provide for their children because of what was taken from them financially, and they are losing their ability to work and be productive, or to recover as they might have otherwise.
    • These parents and children are unable to thrive and contribute in our communities, certainly not in the way they would have without this additional damage.
  • However, we at My Advocate Center and those in our alliance do not see that this is caused by a completely “broken system” but rather it is caused by a select group in each sector of the legal system who choose to exploit for financial gain.
    • Not all attorneys, judges and custody or financial experts who serve in family court do business this way.
    • By focusing on those professionals who uphold families, laws and ethics rules we can improve this situation.

Please contact us to learn more and to request your copy of our White Paper or to review case studies appropriate to your area of interest.

Attorney Failure to Advocate Leads to $20 Million Claim for Breach of Duty

What would lead a judge in Family Court to terminate a parent’s rights?

We all assume – until this happens to a GOOD parent you know – that parents must fall below some clear and compelling threshold of conduct to cause a loss of parenting rights:

This article shown below clearly reveals, and in a simple way, that this is not true for the parent named who has not seen her child for three years.

It is also not true in hundreds of cases here in Georgia.  This is why My Advocate Center is growing rapidly through the support of both parents and professionals.

Disclaimer added following an objection raised online: It is My Advocate Center’s position that the problems being faced by parents and children in #GAFamilyCourt cases are caused by select attorneys, experts and not all.  There are a good number of ethical, talented and diligent professionals who do not condone the practices that are escalating conflict and leading to increased injury to children and losses to families.  Our mission is to raise up those professionals while improving the process for families, to allow them to transition more smoothly through and out of conflict.

Children deserve the best that both parents have to offer (assuming both parents are safe for the child), so we are highlighting cases where apparent professional misconduct and violations of ethics rules are interfering with what is otherwise possible and necessary for the needs of children to be served.

In this case, which is an accurate representation of what happens to many parents who report child abuse, this parent has made a bold move to pursue her attorney for obvious failures to advocate for his client as his duty states he must under ethics rules.

Excerpts are posted here from this article, which we believe more parents – both mothers and fathers – should use to compare to what they are experiencing in their own cases:

Counsel’s “failure to adequately prepare for {the custody expert’s} testimony left the judge with the impression that Perkins {the protective parent} had a personality disorder.” 

Relying heavily on that impression, the judge terminated Perkins’ parental rights to one of her children.

“Because of Peterson’s {counsel for protective parent} deficient trial representation, M.P. has been adopted, and Katie will never be able to raise her son or have a meaningful relationship with him,” the lawsuit states.

Christensen said Perkins lost contact with the child about three years ago.

[My Advocate Center can reveal to the State Bar, to our legislators, law enforcement & to the Press and Public that similar Georgia cases caused a shocking number of parents here to not see their children for longer than this, even as long as 12 years+.  The point is that this was not necessary, could have been avoided, but for the conduct…the missing loyalty, honesty & diligence of the attorney representing the undermined parent.]

The lawsuit states Peterson’s failures led to Perkins losing all contact with one of her children, and severely limiting contact with another child.

Perkins also racked up nearly $100,000 in attorney fees. She is seeking more than $20 million as compensation for emotional distress, the lost opportunity to spend time with her children, and attorney fees.”

It is our opinion at My Advocate Center that these attorneys know full well that the judge is going to rely on custody expert’s opinions, and that they have the duty to ensure the facts and evidence of the case are relied upon by the experts and then the judge.

What we are seeing in Georgia – repeatedly with a certain group of attorneys and custody experts –  is that key evidence is not being used and diligence is not being exercised in representing to the Courts what should be considered in decisions and orders, especially affecting children who are under stress from some form of physical abuse or alienation.

In many cases, while desperate to protect children & to try to retain their rights to nurture and protect, parents are put under duress and told they must forfeit money and rights in order to continue seeing their children.

Considering how many parents are wrongfully cut off from their children, you might believe that the ability to purchase the right to nurture your child is a great “deal” – but this notion has no place in our Court system, and can be avoided where counsel & experts follow the rules and our laws.

There is another lawsuit of this nature currently before the Georgia Court of Appeals, which is due to be ruled on at any time.  This case is a template for “Breach of Fiduciary Duty” specific to Family Law attorneys who lied to their client and withheld loyalty in the context of a custody dispute.  These failures led to losses, not just large financial losses where duress was used, but also led to damages to mental health of the parent as well as damages to the children.

Other family law & psychological and financial professionals have weighed in that these damages were caused directly by the parent’s counsel, and could have been avoided.

We have a rapidly growing list of case studies, and according to the Georgia Supreme Court, this exercise of using duress around the rights of parents to care for children is viewed as fraud. [Case citation information available through consultations with our professional advisors].

If you are the kind of professional who can support lawsuits of this nature, please email here or send a message via LinkedIn.  The Counsel for Change was established to help support solid & committed professionals, including legal, psychological & financial counselors who will lead by example to help change how cases like these are managed.

Parents who have experienced loss from custody experts and attorneys who ignored evidence, did not properly prepare testimony and did not uphold their duty to advocate diligently, please contact us for more information.