Lowering My Hourly Rate by Attorney Joryn Jenkins

Here is a real testament to the value of Collaborative divorce from a divorce trial attorney who has seen more of the negative side to court divorce than an any non lawyer could ever see.

If you are facing divorce, a few minutes reading this opinion piece by divorce trial attorney Joryn Jenkins could have a very positive effect on you your children and their other parent for many years into the future:

Lowering My Hourly Rate

by Attorney Joryn Jenkins of the Florida Bar
How many of us lawyers can afford our own services? My husband and I retained a Miami lawyer over a dozen years ago, at the stunning hourly rate of $600. To this day, that amount still outrages me.

I went to Yale University when I was 16 years old, graduated when I was 19, and then attended Georgetown Law, where I achieved not only a position on an ABA-published law review, but a leadership position as Lead Articles Editor.

Once I passed the bar exam, I regularly chalked up significant victories in my relentless efforts to “make new law.” In the early ‘80s, in my first jury trial, I obtained the fastest guilty verdict ever in Hillsborough County history; my DUI jury found a man guilty of driving under the influence in six and a half minutes. I tried just one murder case while I was at the State Attorney’s Office and put the defendant on death row.

Once I was in civil practice, in 1989, I established that a grocery store employee who had suffered from employment discrimination because of her insistence on serving her federal jury duty was entitled to a trial by a jury of her peers.

In 1990, long before the confidentiality protections now afforded all medical records, I proved that a newspaper reporter could not access the involuntary placement hearing record of a mentally ill patient.

I later convinced the Florida Supreme Court that the defendant’s right to the time bar defense is a property right that vests when the limitations period then applicable to the cause of action in question runs. In other words, the Court found the statute I had challenged unconstitutional and struck it down.

I’ve been in practice for 35 years, and have established a reputation as a highly respected trial lawyer. All of which is to say that my hourly rate is not unreasonable. In fact, it’s long past time for me to raise it, yet I’m considering doing the reverse. Why?

For our clients, collaborative and other courtless divorce process alternatives beat out traditional courtroom divorce every time; they take less time, they cost less money, and the clients make the decisions, not some judge who doesn’t know them or their kids, or who, more importantly, doesn’t necessarily share their values, And collaborative divorce, at least, protects their relationships with the people they love… even, perhaps paradoxically, with each other.

But collaborative practice also beats out the courtroom divorce process for us lawyers. Why? Because the stress caused to our clients by being swept up in the judicial system is reflected directly into us. So we do not just suffer from the everyday stress of being a trial attorney, but we also experience the additional anxiety induced by our naturally empathetic natures.

On the other hand, the mystical magic I see conjured by my collaborative teams sends me home every night in an enchanted euphoria that is unmatched by even the most astonishing courtroom win.

The collaborative process taught a woman how to communicate her need for her husband’s participation in the process of educating their son, and enabled him to share the joy of participating in that process with her, long after their marital relationship had died.

The collaborative process permitted a man to confess a secret that he had held so close to his vest for five years that it had nearly suffocated him; it enabled his wife to understand and to forgive him for what she initially perceived as his treacherous failure to share it with her.

The collaborative process enabled a man to understand his wife’s need for an apology from him for something he did not do, and helped her to accept the honesty of that apology when he offered it and to then move on.

The collaborative process helped a woman to appreciate her husband’s need for closure, and enabled her to craft a ceremony that afforded him that, but also that honored his contributions to their marriage and his continuing role as their daughter’s father.

I see this magic take place in nearly every one of my collaborative cases.

Please do not misunderstand me; I do not see divorcing couples “reconciling.” But they do fix problems that may have caused their rift, as well as problems that have arisen during their rift. They do repair their broken relationships.

The consequent reduction of stress in my practice, coupled with the joy I take in participating in collaborative divorce cases, convinces me that I should lower my hourly rate for collaborative divorce cases. Perhaps when I mention this to my consults, they will more seriously consider the collaborative process option.

This article was originally posted by Attorney Jenkins on her website’s blog at Lowering My Hourly Rate

Must Reads for Divorcing Couples by Susan Lillis, Attorney at Law

My colleague, Susan Lillis from Ipswich, has compiled an invaluable list of “readings” in response to often asked questions. Please take the time to check out her fine work. Her office is located

Ipswich River Place
4 South Main St., Suite 9,
Ipswich, MA 01938

 
article-0-05707195000005DC-856_468x309It’s been said that nothing can prepare you for divorce. Emotionally that can be true. From a practical standpoint, you can prepare yourself for the type of divorce you want and what you might expect after making that choice. That’s why in addition to filling out questionnaires, I send my prospective clients to my blog before meeting with them.While I try to make all articles on the blog relevant for divorcing couples, some offer that “what to expect” element better than others. Those articles are as follows:Is there a type of person who shouldn’t use collaborative divorce or divorce mediation? – The title is self-explanatory. There are certain personality types for whom collaborative divorce or mediation are not the right options. This article reinforces the expectations for when you take part in either collaborative divorce or divorce mediation.Read the articleSetting the boundaries for a smooth divorce – Again, this article is of the “what you can expect” variety. It also highlights some of the ways you can avoid negotiations from becoming contentious.Read the article

A guaranteed way to reduce your lawyer bill – In a divorce, time is money. Specifically, your attorney’s time is money. Divorces where parties do not have all their financial statements and other paperwork prepared will typically result in more hours for the attorney, resulting in a larger legal bill.

Read the article

5 common missteps in mediation – Perhaps the first paragraph of this article says it best, “In mediation, there’s an overall assumption that both parties are reasonable and are willing to work together to reach an agreement. In addition, it is not uncommon for at least one of the spouses to be anxious to get through the mediation in order to put the divorce behind him or her. This can sometimes lead spouses to assume that some that details of the mediation agreement do not require a high level of attention, or that if something important comes up later they will be able to discuss it with their ex spouse and come to a reasonable arrangement. Unfortunately, these assumptions can lead to the more common missteps in a divorce mediation.”

Read the article

Life and death divorce matters – Life insurance for your spouse is an important matter in a marriage. It becomes just as important in a divorce. Particularly when there is child support and spousal support or alimony involved. This article takes an in-depth look at an often overlooked part of any divorce.

Read the article

 

Must Reads for Divorcing Couples