What You Should Do

Dear Client:

Let me remind you of something I am sure you already know. Just because you have a right to do something that does not mean you should do it.

Lawyers are trained to advise you regarding what you have a right to do. But they receive little, and by little I mean no training in advising you on whether you should exercise your rights.

Lack of training is not the reason you should not be surprised if your lawyers keeps their opinions about what you should do to themselves. The decision to keep quiet about what you should do has little to do with you and everything to do with covering their rear ends.

Consider this example. You have the right to one-half of the equity in the house you share with your spouse. However, you realize that once the marriage is over you will be in a much stronger financial position than your spouse. So, you do not really need the equity.

Or, maybe you realize that your spouse invested a lot more sweat equity in the property than you did.

Or, perhaps the amount of equity in the home is nominal and you don’t really think it is worth the energy to pursue it.

What will happen if you ask your lawyers what you should do? There is a good chance they will advise you that you are entitled to one-half the equity.

Why is that?

Because you are hiring them to be your lawyers, they are obligated to give you legal advice. They may fear that if they encourage or suggest that you do anything other than go full throttle after your share of the equity that you may make the decision to forego it. And then a few years down the road you may run into financial trouble, and although your share of the equity seemed negligible at the time, now because of your changed circumstances you regret not going after it.

And regret is generally followed closely by blame.

Now you turn to the attorney and ask: Why did you let me do that? Why didn’t you stop me? Why didn’t you warn me that one day I would regret my decision?

Lawyers don’t like to be blamed when things go wrong. That’s why most of their advice will center on what you have a right to do. They will leave what you should do up to you.

This is an excerpt from Letters to New a Divorce Client Download a copy below:
Letters to a New Divorce Client

Photo Credit: Visual Hunt

Posted in Letters to a New Divorce Client.

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