by Shawn Weber, JD, CLS-F* | Sep 21, 2011 | Uncategorized
Robert Simon, Ph.D.
Justin Reckers, CFP, CDFA
My friends and colleagues, Justin Reckers, CFP, CDFA and Robert Simon, Ph.D., are doing some great work in the emerging field of Applied Behavioral Finance. I just attended an excellent seminar produced by the dynamic duo at a recent general meeting of the Collaborative Family Law Group of San Diego.
They write:
Applied Behavioral Finance combines the disciplines of psychology and economics to explain why people make seemingly irrational or illogical decisions when they spend, invest, save, and borrow money. Since psychology systematically explores human judgment, behavior, motivation, emotion, and well-being, it can teach us important facts about how human functioning differs from traditional rational economic assumptions.
Source: http://behavioralfinances.com/applied-behavioral-finance/
Here is a link to their blog: http://behavioralfinances.com/
It’s good stuff and I highly recommend it in particular for divorce professionals.
by Shawn Weber, JD, CLS-F* | Aug 3, 2011 | Uncategorized
It really does matter what words you choose when communicating with an ex spouse- particularly when you are coparenting. It can be the difference between a peaceful and happy existence or one filled with acrimony and post-judgment litigation.
Read the Article at HuffingtonPost
by Shawn Weber, JD, CLS-F* | Jun 30, 2011 | Uncategorized
This is a good artocle published by Judith Wallerstein, Ph.D. As a divorce attorney, I have seen a great many cases where one person wants out and the other wants to stay. Usually the person who wants to stay is stunned and in denial that the divorce is even happening. Sometimes it takes awhile for that person to reach acceptance. This can effect the divorce settlement negotiations because a spouse in denial may give away things that he or she should not in hopes that they can save the marriage.
Read the Article at HuffingtonPost
by Shawn Weber, JD, CLS-F* | May 12, 2011 | Uncategorized
Collaborative Practice offers the promise of peaceful negotiation with maximum professional support.
I have been involved in matrimonial law most of my career. I have seen some pretty awful stuff. People come to my office at the worst time of their lives: a family in pain; lovers betrayed. As the family is the very heart of our existence and interaction as men and women, the demise of a marriage thrusts real, honest people into some of the deepest and most exquisite pain we humans are capable of experiencing. Divorce professionals, for better or for worse, are given a front row seat to such sorrow and tragedy. We go through a lot of tissue. I have seen a coffee cup thrown across a room. I have seen strong, grown men cry. I have seen suicide attempts and suicide successes.
I have seen the serious collateral damage that a divorce war can inflict on the most innocent – children. I witnessed divorces that were so acrimonious in their conflict that the children of the marriage were literally destroyed by the drug and alcohol addiction that so often accompanies children of divorce, and they had to eventually be admitted into Rehab centers like Arista Recovery (https://www.aristarecovery.com/) to overcome their addiction phase.
Early in my career, I enjoyed the thrill of a battle in court. Litigation can be intoxicating for an attorney. I experienced the adrenaline rush of a nasty phone call to an opposing counsel, the delivery of a strongly worded letter on attorneys’ stationary and the excitement of combat in the court room. It is easy to allow oneself to get caught up in the warfare and become a part of the problem rather than a guide to a solution. In law school we are taught to be “zealous advocates” for our clients. The problem, however, is that in our zeal, we often overlook and destroy our client’s most important asset – the family relationships. Furthermore, “zeal” with its weaponry of formal discovery, motions, court work and general nastiness can deplete the family finances in such an extreme way that our clients are left bankrupt. Sometimes I feel like some attorneys are more zealous advocates of collecting more fees than they are of doing what is best for the client. It is actually called the “adversarial process” in that parties are purposely pitted against one another. Surely, encouraging couples to be adversarial rather than constructive and mutual when discussing delicate issues like parenting is terrible for a family. Don’t get me wrong, some cases require a court battle. However, the vast majority do not.
I have since recovered from the mindset that everything must be scorched earth. Towards the beginning of my career I did mediation, which was a great way to keep folks out of court and focus on solutions. The limitations of mediation, however, are that the parties don’t often have the support of advising attorneys in the room. As a neutral mediator, I am unable to advise what is in a party’s best interests. I can’t protect the interests of my clients. I always recommend that clients seek independent legal advice, but it is hard sometimes, if the attorney is not in the room. On the other side of the same coin, some advising attorneys misunderstand their role and drive what could otherwise be a simple mediated case into litigation.
In Collaborative Practice, however, the parties and their attorneys jointly sign an agreement that they will not be going to court. The agreement further stipulates that should either party choose to litigate, both attorneys are disqualified from participating. This frees the attorney from having to posture with every meeting. If the attorneys are not constantly concerned that they will have to litigate every issue, they are freed to focus on solutions rather than looking for more conflict. The attorneys’ roles switch from zealous advocates to “legal educators” and “counselors at law”. The power shifts away from the attorneys to the parties. The parties decide what the agreement will be and the attorneys merely provide advice regarding the law.
Additionally, the parties can bring in additional professionals to work on their Collaborative Practice team. Mental health professionals can be utilized as divorce coaches or child specialists to assist with the hugely emotional issues in every divorce case. A neutral financial professional can be brought in to assist the parties with understanding the money issues and for planning for the future. As an attorney, I am then relieved of the burden of having to act (incompetently) as an emotional support, child custody expert or as a financial guide. Often these additional professionals will have a lower billing rate than the attorneys so tremendous economies of scale can be achieved. You pay money to the people most qualified to give the particular service.
I enjoy Collaborative Practice as a human being as well. It is wonderful to work with a 
couple to transition their family in the least destructive manner possible. I love collaborating with professionals from other disciplines to help the family find the very best solutions for their situation. Collaborative Practice is much more mutually respectful, civil, child-centered and humane than traditional litigation. Although divorce is always painful no matter which model of dispute resolution is used, couples can leave the collaborative divorce process feeling good about their futures and knowing that they found constructive solutions for their families.
For more information about Collaborative Practice, contact Shawn Weber for a consultation at 858-410-0144 or view:
https://weberdisputeresolution.com/explore-our-services/collaborative-divorce/
https://weberdisputeresolution.com/collaborative-divorce-a-safe-place/
See also:
Collaborative Practice California
Collaborative Family Law Group of San Diego
International Academy of Collaborative Professionals
collaborative practice, san diego divorce attorney, collaborative divorce, solana beach divorce attorney, Shawn Weber
by Shawn Weber | Nov 3, 2010 | Uncategorized
By Shawn Weber, Attorney and Mediator
In this difficult economy, I am being asked frequently how to save money on a divorce. Divorce costs can be horribly expensive and can leave both parties destitute. Additionally, there are some unscrupulous attorneys out there who will “churn” a divorce case making a fortune in legal fees, but providing no real benefit to the client. For these sharks, a win is if the attorney’s party ends up with two dollars, the opposing party has one dollar, and the attorney has all the rest.
I can’t lie to you, though; divorce can cost an arm and a leg even with the most scrupulous of lawyers. However, there are some ways to watch and protect yourself from unnecessary fees. Here are some ideas that can help you navigate the legal system without losing your shirt:
- If possible, avoid court. Litigation is extraordinarily expensive. Aside from the expense of paying your attorney to sit in court and fight it out with opposing counsel, you are paying even more for the preparation leading up to court. Discovery, motions, evidentiary objections, legal research, appraisals, file organization, etc., all cost dearly in billable hours. The formalities of court that are there to protect your due process all drive up costs. A well written trial brief can cost a client thousands. While there is no other option for many parties, litigation should be a last resort. Before hiring your attorney, ask her what her philosophy is about settlement. Instruct him to pursue settlement first. If your attorney just has knee-jerk standard operating procedures to make discovery demands, schedule depositions and file motions without first seeking to obtain evidence informally, that is a huge red flag that you are about to drop a lot of money in fees. In my practice, if a client has to go to court, I see that as a failure. It is always better if the parties can settle as much as possible with using a judge. So be tough with your attorney and demand that she pursues settlement first. If you aren’t satisfied that settlement is a priority, consider moving to another attorney who will keep your divorce costs down.
- Consider using a mediator. In mediation, the parties hire a neutral to help facilitate agreement. Mediation can be very cost effective because most of the procedure and discovery is informal. You won’t need to involve your attorney except to obtain occasional advice along the way. You and your spouse are in the driver’s seat and the attorneys are on the sidelines. A good mediator will be able to help you balance the interests of both parties and help you to find a settlement that you can live with. I always recommend that parties obtain independent legal counsel in the cases that I mediate so that all decisions can be informed. However, you are only paying the attorney for his time to advise you and not to prepare for trial. I have been mediating for years and have seen that the cost of a mediated divorce is a fraction of the divorce costs of my litigated cases. Typically, the total cost of the mediation fees for both parties is around $6500 depending on the complexity of the case, whereas in litigation, $5000 may just get you started.
- Consider Using Collaborative Divorce. In a collaborative divorce, the parties and collaboratively trained attorneys sign a stipulation that they are not going to go to court. If either party chooses to litigate, both attorneys fall out of the process. As part of their “divorce team”, parties can choose to add mental health professionals who can act as a divorce coach or a child specialist as a member of the team. In addition, parties can add a financial specialist to the team. The benefit is that all of the experts work together with the parties in a team setting to reach a settlement. The outcomes are often superior to those achieved in litigation but with lower divorce costs. Additionally, there are tremendous economies of scale in using an attorney to do legal work only, a financial specialist to do the financial work and the coach/child specialist to work on the emotional issues. You often get a better product for less money. Collaborative can be cheaper than litigation if the parties can work together. The danger, however, is that if the parties do not work well together, the case can fall out and all of the work done by the team (and their fees) would be lost. However, if the parties can be respectful and work with the team honestly to achieve a better result for their transitioning family, the results can be tremendous.
- Consider Using Limited Scope Representation. You can also choose to do a lot of the divorce work yourself and use an attorney for limited purposes. For instance, you can hire an attorney to simply advise you on a case, not as your attorney of record, while you represent yourself at court. You can also hire an attorney for purposes of negotiation only with the understanding that she will do no court work. Other options include hiring an attorney only for a particular issue, such as child support or custody. Be sure to talk to your attorney about these money saving options. You may not need an attorney for every aspect of your case. Only pay for services that you need.
While a divorce can be terribly expensive, it doesn’t have to be. Remember, you are the boss and the attorney works for you. If your attorney refuses to talk about options besides full representation, beware. Talk to your lawyer about divorce costs. If a particular discovery request is to go out or a motion is to be filed, demand to know why before the action is taken. You can direct your attorney not to take a course of action, if you don’t want to pay for it or don’t find it necessary.
At Weber Dispute Resolution, we offer all of the options described above to include mediation, collaborative practice and no-court consultation. Our philosophy is that the case is ultimately yours and you are the one to decide how you want to spend your money. We can help you decide which option makes the best sense for you and your family.
If you have questions about keeping divorce costs down or about how best to proceed with your divorce or family law case, call us for a free telephone consultation at 858-410-0166.
