Anyway… recently, I ran into an old friend, Joey, from high school and we ended up talking about his life since I last saw him.  Joey was a pretty popular kid when we were in school together.  Despite the fact that our school didn’t have very strong sports teams, Joey was a star-player on our school’s basketball team nonetheless, which is why he was also popular among a lot of the female students.  And in our senior year, Joey hooked up with Deborah, a shy, yet nice girl from our school.  Everyone thought they were the cutest couple and that they were headed to good successful places.  So when Joey told me that he was getting divorced, I was shocked.  Even more surprising was when he told me how things between he and Deborah had soured to the point where they were no longer talking and that he was locked in a bitter custody battle with her.

I was shocked, even more shocked than when I discovered the drying power of ShamWow!

Joey wanted to have primary custody of the children.  He told me how other divorced guys he knew all either lost complete custody of their children or were limited only to visitations rights.  Joey didn’t want to keep Deborah from seeing their children.  In fact, he wanted her to be a very active part in their lives.  But what he didn’t want was to become like all the other divorced dads he knew.  He didn’t want to be limited to only visiting his children because he was worried that it’d make his children distant.  He wanted to know what his options were.

Well, I didn’t know what to tell him since anyone in or heading toward a career in lawyering knows that the answer to every legal question is that “it all depends.”  Laws can be ambiguous and outcomes vary all the time and are dependent on a number of things as facts can always be distinguished to appear different from other cases tried before it.

Generally, in California and most states, courts usually award custody to the primary caregiver, meaning the person who spends the most time with the child.  Usually that translates to the person who doesn’t hold paid employment and raises the child, but when both parents work, like in Joey’s case, it comes down to fitness and a calculation of time spent with the child.

Joey isn’t alone in his predicament.  A vast majority of family law cases received by LegalMatch are about child custody battles.

The best advice I could give to my friend was to seek the counsel of a qualified family law lawyer.  Because regardless of the legal situation, case outcomes are not always predictable.

Child Custody Battles In My Own Backyard is a post from: LegalMatch Law Blog

The media doesn’t help this image either.  For every Atticus Fitch, there is a multitude of Lilah Morgans.  It’s no wonder then why so many distrust attorneys.  With a reputation like that, who would ever want to deal with one, let alone be forced to hire one to represent them?

Though as bad as a Lilah Morgan can be, what hurts the image of attorneys more are the Lionel Hutzes, the incompetent lawyer who takes your money and does absolutely nothing in return.  This image is in many ways much worst then the evil money-grubbing one.  Chances are most people would rather have an amoral competent attorney than an amoral idiotic attorney.  Couple this fear with the terrifying prospect of actually being involved in a legal dispute where the only way out is to retain a lawyer, and you’ve just described hell.

This fear can be described in two simple words: legal malpractice.  This horrible phrase inevitably lingers in the back of the mind of every person who has hired a lawyer.  Because poor representation not only means you’ll likely lose whatever legal issue you’re involved in, but it also means that you’ll probably have to deal with the expensive headache of cleaning up your lawyer’s mess afterward.  Not to mention the additional nightmare of bringing a new lawsuit against your old attorney.  To some people, this prospect is enough for them to want to represent themselves rather than to retain a lawyer.

But is legal malpractice really something you should be afraid of?  Yes, it is.  But is it really all that likely to occur?  Probably not.

Legal malpractice isn’t as common as the public may think.  Lawyers are subject to constant scrutiny, from the court, their respective state bars in the form of continuing education, and their clients.  Furthermore, the process of becoming a lawyer is no easy task in of itself.  To be admitted into law school takes top grades and a high LSAT score, not to mention the three years it takes just to finish law school.

In fact, the total number of legal malpractice cases handled by LegalMatch.com in California alone is on average 50 percent less then the number of medical malpractice cases handled in just the northern half of California.  This statistic is true almost uniformly across the board.  Personal injury, family law, even wrongful termination cases on average total more in number than legal malpractice cases.  In a sense, it’s much easier to find a good attorney, than it is to locate a good doctor, employer, or spouse!

Trusting America’s Lawyers is a post from: LegalMatch Law Blog

The results of this study are still proving true over 30 years later as the current recession in the U.S. and California specifically has seen a rise in money-related divorces, and also led to an increase in problems associated with an ancillary issue to divorce- alimony.

Popular divorce site Divorce360.com recently blogged about this very alimony trend.  Because the financial situations of many California couples seeking divorce, or already divorced, has changed so drastically in the past year, there has been a huge increase in requests for alimony modification.

We’re seeing similar trends at LegalMatch.  According to statistics compiled from all people seeking alimony legal assistance in California within the last 12 months, the overwhelming majority of inquiries involved either collection of past due alimony or termination of alimony payments.

The high level of interest in these two categories is even more interesting because they are polar opposites and come from different sides of the divorce- one being the spouse looking to alimony as income and needing all back payments, and the other being the spouse looking to alimony as a financial pitfall that he or she is trying to get out of to save needed funds.

The numbers are high and the reasons aren’t surprising.  The recession is fully reflected in all aspects of California divorce proceedings and the trend will continue as long as these tough economic times persist.

California Divorce, Recession, & Alimony is a post from: LegalMatch Law Blog

I was curious about who was being arrested while on probation in California, and what their history was. Every year in California, LegalMatch gets tens of thousands of clients seeking criminal defense attorneys. I decided to look at LegalMatch statistics for the last 12 months for clients who were being charged with misdemeanors and felonies in California. Particularly, I compared the figures for both misdemeanor clients and felony clients according to their probation status:

Probation Status of Felony Suspects in California:

• No Probation: 70%
• Yes, currently on Probation: 18%
• I don’t know: 12%

Probation Status of Misdemeanor Suspects in California:

• No Probation: 77%
• Yes, currently on Probation: 14%
• I don’t know: 9% 

More suspects were being re-arrested for felony charges than misdemeanors. Conversely, more misdemeanor suspects were not already on probation, and more were aware of their probation status.

These statistics mirror national statistics showing that of those arrested while on probation, more were being arrested for felonies than misdemeanors. Is this a sign that the system isn’t working? Not necessarily, but considering that in California there are double the arrests for misdemeanors than felonies, one has to wonder why more of those who are being arrested again are being arrested for serious crimes. As California’s prison over crowding crisis continues to shake out, how California decides to continue its probation process will have an important effect on the future of the system.

In California, Probation Violators More Likely to Commit Felonies than Misdemeanors is a post from: LegalMatch Law Blog

         State            Percentage of Total Filings

1. CA               14%
2. FL                8%
3. NY              5%
4. IL                 4%
5. TX               4%
6. VA               4%
7. OH              4%
8. MI               3%
9. AZ               3%
10. NJ              3%

Our top ten was very similar to the results from the American Bankruptcy Institute, with California leading the way in filings for 2008.

A few states are over-represented relative to their population on both lists. Florida, for instance, has significantly more consumer bankruptcy customers coming to LegalMatch.com than New York and Texas, who both outnumber Floridians substantially. Arizona and New Jersey also make the top ten despite being 14^th and 11^th in population.

Why is Florida being hit so hard? Florida is always near the top in every other negative economic indicator, such as foreclosures. Some Florida developments are beginning to resemble ghost towns full of brand new empty houses. Markets such as Florida suffer the most from boom and bust periods, which leads to higher bankruptcy rates as more and more residents run into problems from their radically devalued homes.

California may have suffered from a similar malaise; Bloomberg reported that February 2009 house prices in California dropped an average of 41% from February 2008, compared to only a 16% drop nationally over the same period. 58% of home sales during this time were foreclosure sales, surely a significant reason for the dramatic declines in value.

Looking at stats such as foreclosure rates, bankruptcy rates, and other economic statistics indicates that all these things are related. If one state is suffering in one area it is likely also suffering in another. Stay tuned to LegalMatch for more analysis of economic trends and how your state might be faring during this massive economic downturn.

Top States for Bankruptcy Filings is a post from: LegalMatch Law Blog

There has been a lot of talk recently about the legalization of drugs as a means of saving tax dollars and cracking down on crime. At last week’s “Internet Town Hall,” President Obama was asked whether he thought legalizing marijuana could help improve the economy and create jobs. He responded with a blunt “no” while the audience laughed and applauded the President’s ability to be the same as everyone else.

Of course, no one is seriously considering legalizing meth as a means of dealing with the problem of methamphetamine abuse. But could legalizing other drugs such as marijuana help law enforcement and drug treatment professionals concentrate on this more dangerous drug? After all, statistics (and health concerns) prove it is clearly California’s biggest drug problem.

I have previously opined on the likelihood of marijuana legalization saving us billions of dollars, but what about this other possible side benefit? California Judges, Probation Officers, and Diversion Programs will similarly be able to concentrate more of their efforts on dealing with the startling fact that 50% of drug charges in California now deal with methamphetamines. By freeing up resources to better treat meth abusers and reduce recidivism and future abuse, we may also reduce incarceration rates and save the state even more money.

In a sense, legalization of one drug could have a domino effect on our state’s treatment of other, more serious drugs. Perhaps if President Obama had decided to answer a more serious question, we may have gotten something more than derisive laughter.

LegalMatch Data Shows Meth California’s Most Abused Drug is a post from: LegalMatch Law Blog

With so many controversial propositions on the ballot in California’s November election, it was easy to overlook Proposition 9, also known as the Victims’ Bill of Rights Act of 2008 or Marsy’s Law.  Prop 9 was passed by just over 50% of voters, despite wide opposition from many groups, including the ACLU, the Democrat Party, the teacher and firefighter unions, all major state newspapers, and even the Los Angeles District Attorney’s Office. 

Opponents take issue with many of Pro 9’s provisions.  First, by requiring prosecutors to notify crime victims’ families at each stage of proceedings, it may create huge new public liability.  Specifically, under Prop 9, the District Attorney and sometimes judges must seek victims’ opinions prior to deciding which charges to file, whether or not to let a defendant post bail, which plea agreements the prosecution may accept, and what probation conditions to impose. 

Prop 9 allows crime victims’ families, who are often (understandably) filled with a desire for vengeance, to impact a system that strives to be impartial.  Should these biased individuals who usually lack a firm knowledge of police, court, and prison procedure really be allowed to exert such a strong influence on the criminal justice system?  Prop 9 may also cause the District Attorney to more vigorously pursue those cases involving the most tenacious families, leaving victims with less vocal or connected families to endure a lesser standard of justice.

Additionally, Prop 9 may be a waste of time – and money.  First, some say it merely reiterates laws already in place.  For example, judges regularly slap victims’ attackers with restraining orders.  And California already passed a “Victims Bill of Rights Act,” which guarantees people the right to notification of and the right to present at sentencing and parole hearings; the Act also orders offenders to pay victims restitution.  Moreover, opponents claim that the California Supreme Court will likely strike down Prop 9 because it fundamentally overhauls the prosecutor’s role within the criminal justice system by making the D.A. represent crime victims rather than the state.  By doing so, Prop 9 could muddy criminal prosecutions by converting victims into independent parties who can oppose sentences and refuse to comply with defense attorneys’ requests. 

Finally, implementing Prop 9 is simply not feasible during this time of financial crisis.  Not only is California’s budget strained, the state prison system is in crises.  Recently, the feds ordered California to spend $8 billion to fix its ailing prison medical facilities to conform to federal standards.  By imposing tougher parole eligibility requirements and severely limiting early releases while California prisons are at 200% capacity, Prop 9 just doesn’t make sense.

While Prop 9 was enacted with good intentions, California cannot afford to implement a measure which will ultimately fail to serve its intended purpose while unfairly burdening an already over-stressed budget.

Proposition 9: Disaster in Sheeps Clothing? is a post from: LegalMatch Law Blog

In 2006, U.S. District Court Judge Thelton Henderson of San Francisco took control of the California prison medical system after reports indicated severe neglect and incompetence caused about one inmate to die per week.  In order to fix the system, however, money will need to be taken from vital services such as schools, the university, or the police department. 

So far, California has refused to show Judge Henderson the money.  I think California Attorney General Jerry Brown is wise in refusing to turn over more funds to a bureaucracy that has failed to make progress despite spending even more for healthcare than outside healthcare operators.  Brown has asked state and prison officials to draw up specific construction plans which only implement the minimum-needed improvements.  However, the state Legislature has twice rejected bonds which would cover the cost of drafting such plans.   

Although the Ninth U.S. Circuit Court of Appeals granted California a temporary reprieve, eventually the state will need to pay up.  And if Schwarzenegger and State Controller John Chiang are found in contempt, they could face harsh fines-possibly $2 million per day-until they surrender the money.  Hopefully officials can work together to make efficient plans for improvement before even more taxpayer dollars are wasted.

Show Me The Money: Federal Court Challenges the Governator is a post from: LegalMatch Law Blog

I know we still have a few months left in 2008, but I was curious: which U.S. States have the most divorces?  We all have hunches on which states are the most likely to grant a divorce, but I wanted facts.  So I dug deep into the LegalMatch database, and came out with more than a few surprises.

First off, over 50% of all divorces on LegalMatch are posted in the top 10 states.  52% to be exact, meaning the remaining 40 states (plus the outlying territories like Guam, Puerto Rico, the Virgin Islands, etc., and pseudo states like the District of Columbia) together account for 48% of the divorces on LegalMatch in 2008.  This is surprising, because LegalMatch has cases and attorneys throughout the U.S. 

Why so many divorces in the top 10 U.S. states?  Population has to be a big factor: the bigger the state, the more divorces will happen.  Since LegalMatch is an online matching service, the results may also skew towards Net savvy states.  And what about social pressures?  Some states seem to take divorce more seriously than others, applying negative stigmas, and creating extra legal hurdles for couples to jump through before they can go their separate ways. 

Enough jabber – the divorce totals, please. 

Coming in at #10 through #6, Ohio, Pennsylvania, Georgia, Virginia, and Illinois all tied with 4% each of all divorce filing on LegalMatch in 2008.  That’s a pretty good smattering of states from different parts of the country – no clear trend there. 

North Carolina and New York shared the #5 and #4 spots with 5% each of LegalMatch 2008 divorce filings.  North Carolina… really? 

Florida came in at #3 with 6% of 2008 divorce filings on LegalMatch.  I would have guessed top 3.  It’s nice to be right every so often.

And now what I consider the biggest surprise: California came in at #2, with 8% of all divorce filings on LegalMatch in 2008.   I would have pegged California as number 1, since some celebrity marriages get annulled before the best man’s speech is over. 

Unfortunately (or fortunately, I guess, if you really want to leave your spouse), the #1 distinction rests with… TEXAS.  In 2008, Texas accounted for 10% of all of LegalMatch’s divorce filings.  The Lone Star state is apparently also the Lone Spouse state.

Top States for Divorce in 2008 is a post from: LegalMatch Law Blog