Category Archives: Mediation

SAME-SEX FAMILY LAW — WE CAN PROTECT YOUR INTERESTS

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Our attorney, Gary Frank, has long been a staunch supporter of civil rights, including marital rights for the LGBT community.  Now that same-sex marriage is finally a reality, it is important for gay and lesbian couples to understand their new rights, and how to protect themselves in the unfortunate event that a divorce or separation occurs.

We can help you preserve your property before a marriage takes place by preparing a Prenuptial Agreement.  And we can protect you throughout the divorceprocess by making sure you receive a fair division of property; and that spousal maintenance is awarded if a party is entitled to it under Arizona law.  If you have children, we will work hard to ensure that you come away with a legal decision-makingand parenting-time plan that is in their best interests and yours, and that child support is included. 

If divorce is inevitable, it is always a good idea to explore peaceful alternatives as a first option, before jumping headlong into an adversarial and often expensive litigation.  Mediation and collaborative divorce are two such options.  Mr. Frank is a compassionate mediator with many years of experience working with families, including LGBT couples. 

When acting as a divorce attorney, Mr. Frank encourages his clients to engage in mediation.  He will help you choose a top-notch mediator and he’ll guide you through the process, giving you the best odds of a favorable outcome.  But while mediation is often successful it does not always result in a settlement, and sometimes divorcing parties have no choice but to turn to the courts to resolve their issues.  In that scenario, Mr. Frank is a strong and experienced Family Law litigator who will fight to protect your interests.   


If you are in need of representation, or even if you’d just like a consultation to learn about your legal rights, please do not hesitate to contact us. You can reach the Law Firm of Gary J. Frank P.C. by telephone at 602-383-3610, or by email at [email protected].  We’d be happy to help you.

THE POWER OF EMPATHY

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You see, there’s this thing called “Empathy.”  And it’s a powerful force.  When I don’t see eye-to-eye with someone, I try very hard to understand why that person feels the way he does, and why his reality is so different from mine.  When I take that approach, I am usually able to comprehend the logic or at least catch a glimpse of where that person is coming from, even if I don’t agree with his or her reasoning or conclusions. 
Unfortunately, many people are unwilling or unable to see a problem through another person’s eyes.  Maybe they are afraid that doing so will, somehow, be a tacit admission that the other person is right.  Maybe they fear that conceding a point, even a small one, is tantamount to losing the debate.  Or maybe they’re just afraid of being wrong.  
But “Empathy” is not a weakness – it’s a strength.  Failing to consider a problem from the opposing point of view often leads to a stalemate and continued conflict.  Refusing to make even minimal concessions or reasonable compromises only assures that competing parties will never be able to bridge the gap and resolve their differences.  It can cause a small spark to become a raging fire.
When two people are going through a divorce, it’s a scary and emotional time in their lives.  They may wonder, “What’s going to happen to my children?” or “How can I protect theassets that I’ve worked my whole life to accumulate?”  It can feel as though the ground beneath themhas fallen away and they have nothing to hold onto.  Fear grips them.  And the fear morphs into anger.  They run out and hire the meanest, toughest attorneys they can find.  But they soon learn that their divorce litigation, which is an adversarial process to begin with, has only increased their fear and inflamed their anger.
In this state of mind, it is hard to make concessions.  It is difficult to put yourself in the shoes the other person (who, by now, may seem like an enemy).  But that is exactly what you need to do.  Because being able to view the situation through the eyes of that person will enable you to better understand their perspective – their fears, their insecurities, their unstated needs.  And that insight, along with a willingness to make reasonable concessions, might allow you to resolve your dispute amicably, and save thousands of dollars in the process.  
 
For instance, a father going through a divorce might be afraid that the mother is trying to take his children from him.  A wife who was a stay-at-home mom for many years might be afraid that she won’t be able to support herself after the divorce.  By trying to understand those fears, you are better able to address the problem.  Empathy also allows you control your own fear and insecurity.  You are less likely to be angry with your soon-to-be ex-spouse if you understand that his/her motives are not evil.  That person is just fearful, like you are.  
In the end, empathy enables you to comprehend the other party’s perspective, which may result in finding a solution that allows you to meet their needs without compromising your own.  


Gary J. Frank is an Arizona attorney and former Judge Pro Tem with over thirty years of experience in dealing with divorce, custody, parenting-time, and support issues in Family Court.  To schedule a legal consultation with Mr. Frank, you may contact us by email at [email protected], or through our web site at www.garyfranklaw.com.

 The issues in this blog are provided for general informational purposes only and should not be relied on as legal advice in your particular case, nor should it be construed as forming an attorney-client relationship.  Every Family Court case is unique.  If you have a matter that appears similar to any of the scenarios that you read in this blog, you should be aware that: (1) even a slight difference in a factual situation can lead to a vastly different result; and (2) the laws are constantly changing and new laws are continually being enacted.  Legal advice cannot be given without a full consideration of all relevant information relating to your individual situation.  Therefore, if you have an important legal issue, you should obtain a consultation with a qualified attorney.  

THE PEACEFUL PATH

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Sometimes you have to get tough.  Sometimes you have to stand your ground and fight.  That’s when you need a strong lawyer.  But the strong lawyers, the truly excellent ones, will tell you that in most divorce cases it is best to start out by exploring the peaceful path.
Great lawyers will tell you that you can’t “win” a divorce in the same way you would win a business dispute over a contract.  In a business litigation, where someone has breached a contract, a judge or jury could award you the entire value of the contract.  Winning means getting the whole thing.  But divorce litigation is different.  In a divorce, a couple is dividing property.  They are divvying up property that they’ve accumulated over the course of their entire marriage.  The law provides that community property is to be split “equitably.”  In other words, each side will be given approximately equal portions.  In a divorce, you can’t win all the property.  You’re only going to come away with about 50%.  So, why not try to negotiate a fair resolution rather than battling it out in court?
To put it another way:  Imagine that all your community property is baked into a pie.  The judge is going to divide that pie.  And even if your share turned out to be more than half, it’s still going to be less than what you had when you were married – because when you were married you had the whole pie.  So, what’s the wisest thing you can do?  The answer is simple:  Make sure to give your attorneys the smallest slice of the pie.  Here’s how it works:  The more you fight, and the longer the litigation drags out, the larger the attorneys’ slice of the pie becomes.  But if you are able to successfully negotiate a fair division of your assets rather than slugging it out in court, you can reach a settlement early and amicably — and keep more of the pie for yourself.  You can do that by getting rid of the “I Win/You Lose” mentality.  You can do it by exploring mediation, settlement conferences, or other forms of dispute resolution.  You can do it by controlling your emotions and treating the division of property like a business negotiation rather than a tug of war between two angry people.  You can do it by being reasonable, and being willing to compromise.  That’s not being weak.  It’s being smart.

Too often, when divorcing couples become involved in a long, protracted litigation over property, the only winners are the lawyers.  That’s why you need a strong lawyer, someone who is looking out for your best interests.  A lawyer who knows how to fight, but is willing to help you explore the peaceful path.

Gary J. Frank is a Family Law Attorney, a litigator, and a mediator with over thirty years of experience in dealing with divorce, paternity, custody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at [email protected]  You can also reach us through our website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.

HOW TO USE AN ATTORNEY AS A CONSULTANT, AND SAVE MONEY

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It is true that a lawyer can provide useful legal advice, helpful guidance, and strong representation for anyone involved in a Family Law case,  However, not everyone chooses to retain and attorney — and not everyone can afford one.  Fortunately, there are a number of options for obtaining the services of an attorney, and some of those options are very affordable.  One of the most effective, and least expensive, ways to utilize an attorney is to use him or her as a consultant on an as-needed basis.
OBTAINING A LEGAL CONSULTATION
Representing yourself in a contested Family Law action presents an enormous challenge.  Parties to litigation are expected to understand the law and rules of Family Law procedure.  The fact that you are a layman, and not a lawyer, is no excuse for violating procedural rules.  Imagine trying to play in a basketball game without knowing the rules.  The coach calls your name, but when you walk on the court you don’t know how to dribble or pass the ball, or even which basket to shoot at.  That’s the kind of disadvantage you have when you walk into a courtroom as a “pro se” (self-represented) litigant.  You may wind up losing your case without ever knowing why, or how, it happened.  Obviously, it is best to be represented by legal counsel.  But not everyone is fortunate enough to be able to afford to retain an attorney on an ongoing basis.  So, what is the next best thing?  Seek a one-time consultation with an attorney.  In that meeting, which customarily takes place in the lawyer’s office, you will have the opportunity to discuss your specific matter with an expert.  The attorney will describe how the court process works and talk to you about your legal rights. He or she can help you identify the documents (called “exhibits”) and the witnesses that you will need to prove your case.  The attorney can also devise a “game plan” and help you map out a strategy for making a strong argument in court.  This is the time to ask questions, so that you can feel confident going forward.  When the consultation is over and you walk out of that lawyer’s office you should have a much better idea of the law, your legal rights, and how to present your case in the best possible light.
FOLLOW-UP CONSULTATIONS
During the course of the litigation (which can last for several months, or even a year or more) new issues, and new questions, will likely arise.  When this happens, you can follow up by obtaining additional consultations with an attorney, as necessary.  It is important to remember that since the attorney is not representing you in the litigation, he or she will have no obligation to stay updated with the facts and legal issues of your case or perform work on your behalf.  However, by using an attorney to provide you with basic advice from time to time, you will still be far better off than if you were to try to figure things out by yourself, without any legal guidance.
ASSISTANCE IN PREPARING FOR MEDIATION OR SETTLEMENT NEGOTIATIONS
Parties to a divorce or custody dispute would be well-advised to explore the possibility of resolving their issues through mediation or settlement negotiations, rather than fighting it out in court.  No matter how strong your case may be, there is always a risk that the judge might see things differently, and you may lose.  Resolving the case through negotiation gives you the opportunity to carve out the terms of your own agreement, rather than allowing a judge to decide what is best for you and your family.  People who are able to negotiate their own agreement tend to be happier with the arrangement.  Why?  Because it is their agreement.  They made it.  And they “own” it.  It wasn’t imposed upon them by a judge who is a stranger to the parents and the children.
Although mediation (or a settlement conference) is a great alternative to battling it out in court, many people reduce their chances for success by walking into the negotiation session without proper preparation.  This is a serious mistake.  In that meeting you will be dealing with crucial issues, such as custody of children, legal decision-making, parenting time, financial support, and division of property.  Lack of preparation could cause you to overlook things that are important, or it could lead you to make compromises that are not in your best interest.  Not being prepared could also cause you to become so fearful of making a bad deal that you are unable to make a deal at all — and then you miss an opportunity to avoid a contentious trial and reach an agreement that is fair for everybody.  These types of mistakes, due to lack of preparation, can have drastic long-term consequences.   As the old saying goes, “Failing to prepare is preparing to fail.”
For an affordable fee you can obtain a consultation with an attorney to help you prepare for your upcoming mediation or settlement conference.  The attorney will review your legal paperwork, financial documents, and/or other important information, and talk to you about the facts of your case, as well as your needs, your goals, and your wishes.  The attorney can also help you formulate your settlement position and devise a negotiating strategy.  By the time you walk out of that lawyer’s office, you should feel more confident in your ability to negotiate on your own behalf.
USING AN ATTORNEY TO HELP YOU PREPARE DOCUMENTS
For someone going through a simple uncontested divorce, the Maricopa County Superior Court Self Service Center provides forms that can be downloaded online, for free.  These forms can be found at www.superiorcourt.maricopa.gov/ssc.  Hard copies of the forms can be picked up at the courthouse.  However, figuring out how to fill out those forms and navigate your way through the court process can be a daunting and confusing task.  A certified document preparer can fill out your forms but is not allowed to give you legal advice. On the other hand, for the price of an affordable consultation, you can meet with a licensed attorney who will not only check to make sure you have filled out your forms properly, but will also explain your legal rights and describe how the court process works.  You may not have the resources to retain an attorney on an ongoing basis in your Family Law matter, but by using an attorney from time-to-time as a consultant you will have an expert to help guide you through the process.
YOU CAN AFFORD AN ATTORNEY
Utilizing an attorney as a consultant on an as-needed basis allows you to control your costs.  For someone who does not wish to hire a full-time attorney, or for someone who cannot afford one, obtaining legal consultations from time-to-time can pay great dividends.  The attorney can assist you in many ways, including explaining the law; advising you of your legal rights; guiding you through the court process; assisting you in planning your strategy; drafting motions or other documents that you may need to file; and helping you to prepare for mediation, court hearings and/or the trial.  Using an attorney as a consultant is an affordable option, and a very good one.
Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorce, custody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at [email protected]  You can also reach us through our website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.

YOU CAN OBTAIN A DIVORCE WITHOUT EVER STEPPING FOOT IN A COURTROOM

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For many people, the scariest part of getting a divorce is having to walk into court and appear before a judge.  But did you know that there is a way to obtain a divorce without ever stepping foot in a courtroom?  It’s true.
When I began practicing law, it was impossible to obtain a divorce without at least one party appearing in court and providing testimony.  Even when a couple had reached an agreement on all their issues, one of them was required to appear before a judge and testify under oath.  But that is no longer necessary.
 
Resolving a divorce case can involve having to negotiate many different issues.  These could include division of property, division of debts, legal decision-making (custody), parenting time, child support, spousal maintenance, and other matters.  Parties who cannot come to an agreement have no choice but to battle it out at trial.  This can be a long and expensive process, with the final decision being left to the judge.  However, for those who are able to take matters into their own hands and negotiate a resolution of the issues, finalizing their divorce can be a simple matter.
The Maricopa County Superior Court has a “Consent Decree” procedure which allows parties to submit their final Decree / Settlement Agreement to the judge without having to make a personal appearance in court.  In order to use this procedure, the parties must be in complete agreement on all the terms of their divorce.  A written Consent Decree must be prepared, and it must be signed and notarized by the parties.  The Consent Decree must contain the terms of the parties’ agreement, as well as the necessary jurisdictional language required by Arizona law.  Both parties must have paid an appearance fee to the Clerk of Court, or had the fee waived.  The signed Consent Decree must then be delivered to the judge assigned to the case.  If the judge deems the terms of the Consent Decree to be fair and reasonable then she/he will sign the document, the Consent Decree will then be filed with the Clerk — and the divorce will be finalized without the parties ever having to appear in court.

For couples who are able to negotiate a resolution of their issues, the “Consent Decree” procedure can make divorce a relatively painless process.

Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorce, custody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  His office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  He can be reached by telephone (602-383-3610); or by email at [email protected]  You can also reach him through his website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, please do not hesitate to contact us today.

 

TEN TIPS FOR SURVIVING YOUR DIVORCE — AND THRIVING

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This year is coming to a close.   If you are in the middle of a divorce – or if you are getting ready to go through one – the next twelve months could be tough.  So, here are some simple guidelines to make the journey less difficult.

1.   Keep your children out of the middle of your dispute

Research shows that children of divorce can grow up to be happy, well-adjusted adults.  However, the research also shows that children of high-conflict divorces can develop emotional problems that last a lifetime.  It can be devastating for a child to be caught in the middle of a dispute between parents.  You love your children.  That’s a given.  But loving your children is not enough.  You need to protect them from the emotional turmoil that you, as parents, may be going through.  This is an enormous challenge.  The key is to keep the children out of the middle of your dispute.  Don’t use them as messengers.  Don’t make them witness angry arguments between the parents.  Let them know the divorce is not their fault, and that both parents will continue to love them and take care of them, even after the divorce.

2.            Allow your child to love the other parent

When a marriage comes apart and emotions are at a boiling point, it is easy for a parent to make the mistake of voicing his or her displeasure with the other parent to the children.  Sometimes this leads to a war of words, with each parent feeling the need to “defend” himself / herself by badmouthing the other.  But here’s a warning:  Clinical research shows that this type of behavior can cause serious emotional problems for children.  They need to be able to love both of their parents.  So give them your permission.  You would probably place your life on the line to protect your children from a stranger who tried to hurt them.  Then why wouldn’t you make every effort to protect your children from your own anger and toxic feelings toward their other parent?    

3.            Don’t give your child too much information 


Of course, it is important to be honest with your children – but giving them information that is not age-appropriate, or talking to them about details of your divorce that they are incapable of emotionally processing, can be harmful and destructive.   Don’t talk to your children about the legal issues of your divorce.  Don’t show them your court paperwork.  Don’t share adult information with young children.  If you need to vent or get your feelings off your chest, turn to a trusted friend, a family member, or a therapist.  Keep your children out of the loop.  Let them be children.    

4.            Try to be flexible 

Parenting-time disputes can be the cause of much stress, especially during the holidays.  You can save yourself a lot of grief by trying to be flexible.  Being flexible is not a sign of weakness.  It sends a message that you are willing to compromise.  Extending an olive branch often leads to the other parenting being willing to compromise, too.  Parents who refuse to be flexible can find themselves locked in a never-ending battle; and instead of being able to solve their own problems they tend to return to court over-and-over again, putting their fate in the hands of lawyers and judges. 

 

5.            Don’t rely on “legal advice” from your friends 

Don’t believe everything your hear, especially when it comes from a friend or family member who is trying to give you advice about legal matters.  Everyone knows a friend whose own divorce was a nightmare and promises that your outcome will be terrible, too; or one who insists that your judge will give you everything you want because your custody case is a “slam-dunk.”  Receiving legal advice from a friend or family member can be a huge mistake, since tends to give you false expectations.  If you want good, solid legal advice about your divorce or custody case, talk to a lawyer who specializes in Family Law.

 
6.            Choose a lawyer wisely 


One of the most important decisions you will ever make is finding the right attorney.   Many people who are embroiled in a family law dispute say, “I’m going to hire the meanest, most aggressive, attorney I can find.”   That usually works – for the lawyer.  If the lawyer is only mean, or only aggressive, then the result will probably be a long, contentious, and expensive litigation.  That means more money for the lawyer.  Your money!  What you really want is a highly qualified attorney, one who is looking out for your interests.  The best attorney is someone who is skilled and experienced; someone who will fight for your rights — but who is also looking for ways to resolve the matter peacefully, if at all possible.  Most importantly, you should select an attorney who is a good match for you, and who makes you feel comfortable and confident.

 

7.            Be willing to compromise


Court litigation is, by nature, an adversarial process.  It can take a long time and cost a lot of money – and in the end, the final decision will be made by a judge who is a stranger to both parties.   Therefore, in any divorce or custody litigation, your goal should be to negotiate a solution that meets your needs and the needs of the children.  You can save yourself a great deal of time and money, and avoid much stress, by being willing to make reasonable compromises.  People who are able to negotiate a fair resolution of their dispute tend to be much happier with the arrangement in the long run.


8.            Talk to someone you can trust


A person going through the turmoil of divorce or custody case can benefit from a strong support system.  If you are struggling with a divorce, or if you are caught in a highly contested custody case, find someone to talk to. Whether it is with a family member, a friend, someone from your church, or a therapist, talking about your feelings is a healthy outlet.   There are also many divorce and single-parent support groups in your community that will welcome you and help you understand that you are not alone.  

9.            Take care of yourself

You can’t take proper care of your family if you don’t take care of yourself.  So take time to exercise.  Join a yoga class.  Meet a friend for dinner.  Or just spend some “down-time” relaxing at home. — Good nutrition, vigorous exercise, plenty of sleep and relaxation, lots of love and laughter — these are the keys to surviving a divorce and thriving.  Taking care of yourself will help you get through this tough time in your life.  It’s a wise investment.

 

10.         Know that there is life after divorce


It may not seem like it now, but rest assured that there is, indeed, life after divorce – and it can be great.  It will certainly be an adjustment, and it will take a commitment on your part, but getting out of an unhappy marriage, making new friends, and taking control of your physical and mental health, can give you a new perspective and lead to a happier life.

Best wishes for a healthy and happy New Year!

 

The law firm of Gary J. Frank P.C. offers strong advocacy for clients involved in all areas of Family Law, including disputes involving divorce, custody (legal decision-making), parenting time, interstate custody or visitation, grandparent and non-parent custody and visitation, division of property and businesses, spousal and child support, modification of existing orders, enforcement of orders, relocation / move-away cases, paternity, guardianships, and other matters involving children and families.  Gary Frank is also an experienced Family Law Mediator who can help you resolve your dispute without the need for fighting in court.  With more than thirty years of experience as a courtroom litigator, as well as a mediator and a former Judge Pro Tem, Mr. Frank brings skill, compassion, and a depth of understanding to each matter he handles, and each client that he represents.  Our office is located in the Biltmore area of Phoenix, Arizona, and we have satellite office in Scottsdale and Paradise Valley to more conveniently serve our clients.  You can reach us by telephone at 602-383-3610 or by email at [email protected].  You can also check us out on our web site at www.garyfranklaw.com.

IT’S NOT OVER ‘TIL IT’S OVER

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It is not at all surprising that when one spouse files for a divorce, the other sometimes continues to hold out hope for a reconciliation, believing that the marriage is not irretrievably broken.  But what may surprise you is that Arizona law gives that person an opportunity to make one last stab at fixing the relationship.

Arizona Revised Statutes, Section 25-329 provides that the Court shall not hold a trial, nor finalize a divorce, within sixty (60) days from the date that the divorce papers are served.  Attorneys and judges often refer to this as a “cooling off” period, since it is intended to prevent people from angrily rushing into a divorce that they might later regret.  This mandatory “cooling off” period allows the parties to take some time to reflect, to talk, and to consider other options, such as marital counseling.  This sometimes leads to the parties getting back together and dropping the divorce action.  Just today, in the news, was a report of basketball player Kobe Bryant and his wife putting their California divorce “on-hold” after having used the statutory “cooling off” period to work on their problems.

A spouse wishing to avoid a divorce has another alternative under Arizona law:  A.R.S., Section 25-381.09, states that a person who wants to try to salvage his or her marriage may file “a petition invoking the jurisdiction of the Conciliation Court for the purpose of preserving the marriage by effecting a conciliation between the parties.”  Filing a motion under this statute will result in the case being transferred to the Conciliation Court.  The divorce case will be placed on hold for a period of time, and the parties will be required to attend what amounts to a marital counseling session.

Arizona is a no-fault divorce state.  Thus, if one party to a marriage wishes to be divorced, there is little the other spouse can do to prevent it.  However, the statutory “cooling off” period, and the ability to ask for a transfer of the case to the Conciliation Court for counseling, are ways in which a spouse can make one final effort to repair the relationship and put the marriage back together.

Gary Frank has practiced Family Law in the prestigious Biltmore area of Phoenix, Arizona for over thirty years.  In addition to representing clients in divorce, custody, paternity, enforcement, modification, move-away, grandparent rights, non-parent rights, and other Family Law matters, Mr. Frank has also acted as a Mediator and a Superior Court Judge Pro Tem.  If you are in need of a consultation, please give us a call today at 602-383-3610.  You can contact us by email at [email protected], or through our web site at www.garyfranklaw.com.  We’d be happy to help you.

Divorce Lawyer or Mediator? — You Can’t Have It Both Ways

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A friend recently told me about what a bad deal she got in her divorce.  She entered into a mediated settlement but the terms turned out to be very unfair.  When I asked whom she used to conduct the mediation, she told me that her husband’s attorney acted as the mediator.  No wonder the settlement was one-sided!  It certainly wasn’t my friend’s fault.  How was she to have known that it is improper and unethical for an attorney who represents one party to also act as a mediator for both sides in a divorce?  She trusted the lawyer when he said that he could act as an impartial mediator.  But, in actuality, that lawyer had a serious conflict of interest.  He was retained to represent the husband and, as such, his job was to act as a zealous advocate for his client – to take his client’s side and fight for him, if necessary.  A mediator, on the other hand, must be completely impartial.  He or she must act as a neutral third party; someone who doesn’t take sides.  The job of the mediator is to help the parties negotiate an agreement that is as fair to everyone as possible.
It is unethical for a lawyer to represent both parties to a divorce, or to act as a mediator while he is representing one of the parties.  The attorney is allowed to meet with both sides and discuss the issues, or even try to settle the case, but he must make it clear that he is acting in the best interests of his client and that he is not a neutral third party.
I have represented clients in divorce cases for almost thirty years.  As an attorney, I am a zealous advocate for my client’s best interests.  My family law practice also includes mediation; and as a mediator, I am a compassionate, impartial professional who works hard to help the parties fashion a fair settlement.  But we can’t wear two hats at once:  We can act as an advocate — or a mediator — but not both.  Don’t be fooled by any lawyer who tries to tell you differently. 

If you have a family law question, contact by email, call us at 602-383-3610, or just check out our website at https://www.garyfranklaw.com/     

WITH AN ATTORNEY, YOU HAVE AN ADVANTAGE IN FAMILY COURT — If You Can’t Afford One, There Are Options

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Imagine walking up to bat in a baseball game – and you don’t know the rules.  You don’t know the difference between a “ball” and a “strike.”  You don’t know that three strikes is an “out,” or that three outs ends the “inning.”  You are aware that you’re supposed to swing at the pitch, but once you hit the ball, you don’t know which way to run.  No matter how hard you try or how athletic you are, the fact that you don’t know the rules of the game puts you at a huge disadvantage.


If you decide to represent yourself in a divorce, custody, or other Family Law case – especially if there is an attorney on the other side – then you may find yourself at a similar disadvantage, one that is hard to overcome. When you step into the courtroom as a litigant, you are expected to know the rules of procedure and the rules of evidence.  That you are a layman and not a lawyer is no excuse.  Your lack of knowledge can prevent you from being able to properly question a witness, or present evidence, or tell your side of the story in court.  In a matter involving custody or parenting time, the end-result can be devastating.

Attorneys go through years of schooling and training, followed by continuing education, in order to be able to understand the nuances of the law and the rules of court.  They know how the game is played.  This is why, in the courtroom, a person representing himself is no match for a trained-lawyer.

Obviously, hiring a qualified attorney in a Family Law case gives a party the best chance of obtaining a favorable outcome.  But what happens if you simply cannot afford ongoing legal representation?  Thankfully, there are a number of options:

1. LEGAL CONSULTATION WITH AN ATTORNEY:

If you cannot afford to hire an attorney to represent you on an ongoing basis in your Family Law dispute, then at least you may be able to pay a lawyer to provide a one-time legal consultation.  Much important information can be obtained from a one or two-hour meeting with a lawyer.  For instance, in a consultation at the law office of Gary J. Frank P.C, I will carefully listen to the client’s concerns and ask questions about the client’s family history, so that I can identify the issues that apply to that particular case.   Once I have sufficient background information, I will discuss the applicable law and help the client understand his or her legal rights.  Then I will talk about how the court process works, and I’ll give the client a “game plan” and tips on how to present his/her case in the best possible light. 

If you are representing yourself in a contested custody or other family law matter, then during the course of the case you may wish to return to the attorney’s office from time to time for additional consultations.  Although the attorney is not representing you in the legal action, additional consultations will provide you with updated information and a better understanding of what you need to do at various stages of the proceeding.  For someone who cannot afford an attorney, a legal consultation can be a useful tool to help navigate the difficult terrain of litigation.

2. LIMITED SCOPE REPRESENTATION:

In Arizona, a person who does not have the resources to retain an attorney on an ongoing basis in a Family Law litigation can now hire an attorney to perform a particular, and limited, task.  This is called Limited Scope Representation.  For instance, you might need an attorney to prepare a written motion or some other legal document for you; or appear and represent you at a single court hearing; or maybe attend and conduct a deposition.  This type of limited representation requires a written agreement, signed by both the party and the attorney, which describes in detail the task to be performed.  The attorney will file a Notice of Limited Scope Appearance with the court before performing the task.  When the task has been completed, the attorney will file a Notice of Withdrawal and the representation is terminated.  Thereafter, you will continue representing yourself.  If you need further assistance later on in the litigation, a new Limited Scope Agreement must be signed before the attorney can work on your behalf.

Of course, you can always obtain a consultation with an attorney at any time without having to sign a Limited Scope or an Attorney-Client Agreement

3. MEDIATION:

Mediation is the “peaceful path.”  It is a voluntary and confidential process in which the parties to a dispute sit down with a neutral 3rd party (the mediator) who helps them negotiate a settlement that is acceptable to everyone.  While litigation can be adversarial and expensive, mediation is more collaborative and less expensive.  So, it is worth a try.  If, after using their best efforts, the parties are unable to reach a settlement in mediation, then they can still litigate the matter in court.  Attempting to mediate a Family Law dispute is good alternative for everyone, but for someone who cannot afford an attorney, it may provide the best shot at a fair and inexpensive resolution of the problem.


 I have represented people, and provided strong advocacy, in all types of Family Law disputes for nearly thirty years.  For almost twenty of those years, I have acted as a Family Law Mediator, helping people to negotiate the terms of their own settlement.  I do my best to assist people who cannot afford to retain a full-time attorney by providing legal consultations and Limited Scope Representation.  If you are in need of help and would like to set up an appointment with an attorney, you can contact us by telephone at 602-383-3610 or through our web site at www.garyfranklaw.com.

OUR MISSION STATEMENT FOR 2012

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Here is our mission statement for the new year: 
Gary Frank is a Family Law Attorney who cares about his clients.  Whether they are going through a divorce, or dealing with contested custody or other family law issues, we understand that our clients are in the midst of a difficult period in their lives.  By accepting their case, we have made a commitment to be there for our clients; to help them, to support them, and to fight for them.  We will apply the legal knowledge, litigation skills, and powers of persuasion, gained over thirty years of Family Law experience, to tenaciously protect our clients’ interests.  Mr. Frank will work with each client to creatively explore options for settling the dispute in a healthy, amicable, and inexpensive manner if possible.  These options could include the use of mediation, settlement conferences, collaborative divorce, or other dispute resolution measures.  However, if a fair settlement cannot be achieved,  then Mr. Frank can always be counted on to aggressively assert his clients’ rights, utilizing the skills he has honed over his many years as a courtroom litigator.  Our goal is to protect our clients; to preserve their relationship with their children; to assure that they receive a fair division of assets; and, when necessary, to obtain the financial support they need to provide for a secure future.   Gary Frank will continue to be a caring, compassionate attorney, and a fierce advocate for the best interests of his clients.

Gary Frank is a Family Law Attorney with over 30 years of experience in the areas of domestic relations, divorce, custody, division of property, support, modification actions, enforcement actions, Grandparents and non-parents rights, and all other matters pertaining to families and children.  If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at [email protected], or through our website at www.garyfranklaw.com.   We look forward to hearing from you.