How Do Attorneys Think And Analyze A San Diego Divorce, Paternity Or Legal Separation: 2014 And Before

HOW ARE ATTORNEY’S TAUGHT: SOCRATIC METHOD

For your family law case, whether a paternity, divorce or legal separation in San Diego, it is very important to understand how your attorney thinks. This will help you to work most effectively with your attorney and help your case as much as possible. Attorneys, traditionally, have been taught by the Socratic Method.

A definition of the Socratic Method is as follows: technique in which a teacher asks a series of questions rather than giving the information directly to the pupil. The goal is for the student to come by themselves either to the desired knowledge by answering the questions and/or to a deeper understanding of the issues presented. Knowing this will help as your attorney may ask questions in order to obtain information since this was the procedure the attorney was taught under. This Method is based on oral participation of both the teacher and student. As such, it is no surprise that most attorneys start their consultation by asking questions and also asking what are the issues the client believes need resolution.

WHAT IS THE ANALYTICAL STRATEGY: IRAC?

IRAC is an acronym which means: Issue; Rule; Analysis & Conclusion. When attorneys analyze a family law case, the first determination needs to be what the issue is: custody; visitation; division of assets; division of debts; spousal support; attorney fees and others. This is not always as clear as one would think. Attorneys obtain information and facts and then determine what the issue or issues are. Once the issues are determined, then the next step is what is the rule of law which applies. After the legal research and law, then the next issue is to analyze for the proper procedures and then move to the conclusion. For example, if a parent wants to modify child support post judgment, the issue is whether this can be modified. As, under California law, there is not non modifiable child support, then this issue can move to the next step. The rule of law is that a motion for modification must be filed [absent a written agreement] to modify child support and that, unless a motion for deviation from guideline is granted, the Court will order guideline child support. An analysis would also include that child support modifications are not retroactive until the date of filing for the motion so this means a motion needs to be filed right away. As such, the conclusion would be that the modification can be obtained to guideline.

WHY DOES IT MAKE A DIFFERENCE HOW YOUR ATTORNEY THINKS AND ANALYZES IN YOUR FAMILY LAW CASE?

Most parents do not have legal training nor expertise in family law. As all approach problems differently, understanding how your attorney analyzes and thinks will help you interact most efficiently and thoroughly with your attorney. This can make an enormous difference in the outcome of your case since your attorney will never be as familiar with your case as you are and this way you can make sure all information which is relevant is provided.

HOW CAN THE LAW OFFICE OF Doppelt & Forney, a Professional Law Corporation HELP YOU WITH YOUR FAMILY LAW CASE?

At the law office of Doppelt & Forney, a Professional Law Corporation, APC, we want to work with you for the best possible outcome. We think it very important you understand how we think and how we analyze so you can help us with information and all documents needed. We offer a complimentary and confidential consultation up to 30 minutes so that you may discuss your issues and goals and we may give our best legal advice.

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Phone Number: 800.769.4748
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