Abraham Lincoln said: "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser--in fees, expenses, and a waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough." Do you want an attorney who is a problem-solver or a trouble-maker? That … [Read more...]

I regularly have new clients who have misconceptions about what mediation is. This piece, while making some comparisons and contrasts to other states, is focused on what Mediation looks like in Texas. What IS Mediation? Mediation is a dispute resolution process. Mediation was referenced as far back as the Bible but most people don't know too much about what it actually is. Clients usually … [Read more...]

Failing to educate yourself about the process options that might be workable and more efficient can really cost you in all sorts of ways. Lisa Decker, a Certified Financial Divorce Analyst, uses this quote she heard from a Family Court Judge, to explain why clients should not rush into a divorce without seriously considering their process options. For example, many people do not realize … [Read more...]

While over 90% of cases (some studies say 95%) are settled before they actually go to trial, clients should ask themselves a very important question: What is the quality of our settlement? Most clients do not know the importance of asking this question. It can determine their future and their children's future. Why? It is true the over 90% of cases settle before actually going through a … [Read more...]

As I said in Part 1 of this series, "Breaking Up is Hard to To Do," I have found that information is empowering for people going through marital conflict or a divorce. Sometimes just knowing WHY you are feeling like you are, or the physiological and psychological reasons for it, can help you manage it better. I have come to believe that when people find a counselor that is the right fit for … [Read more...]

I regularly hear from clients, especially early in the divorce process, that they are overwhelmed. Sometimes, they are shocked by their spouse asking for the divorce or sometimes they discover that their spouse has cheated on them, either with another person or in how they have managed the finances. Usually, the client who has decided to leave or has committed the wrong has had lots of time to … [Read more...]

Most of us are familiar with the Arthur Miller play and recent movie, "The Crucible." The definition of crucible from the Meriam-Webster dictionary, is as follows: Definition of crucible 1: a vessel of a very refractory material (such as porcelain) used for melting and calcining a substance that requires a high degree of heat 2: a severe test; "He's ready to face … [Read more...]

When I was a little girl, I had a grandmother who said, "We have two ears and one mouth because listening is more important than speaking." That grandmother frequently annoyed me with her cliche sayings, but after over 35 years in the practice of law, I have come to appreciate that saying. So, what is the Role of Listening in a Divorce and other Conflict Resolution? At the University of Texas … [Read more...]

I am representing a family right now, who are still in the grieving process of losing a family member to cancer. They are a family who doesn't have a lot of money, and now, because no one advised them properly on how to list beneficiaries on a life insurance policy, they are going to have to come up with the money to file a probate case, and in the end they may never get any of the money that … [Read more...]

A couple of years ago there was a story in the Dallas Morning News, entitled, "Bowing Out on Her Own Terms." It was a story about an artist, Betsy Davis, who developed Lou Gehrig's Disease/ALS several years ago and was taking advantage of the newly passed California physician assisted suicide law. The article gave details of how this former artist was able to invite and spend a last glorious … [Read more...]