If you are involved in a legal dispute and retain an attorney to help manage the matter and work through its resolution, there is often voluminous amounts of information that need to be shared between the attorney and client. Often the underlying legal dispute has been years in the making–but faced with conflict we all want the matter resolved sooner rather than later. On top of this, the situation or dynamic involving the matter may be changing as the litigation moves forward, and to form an effective plan of action to get the matter resolved, as opposed to an ad hoc approach ...
June 21, 2012CD
Having legal problems can affect many aspects of your life. It may be affecting your family and other relationships, your housing, and your finances. Hiring an attorney is often the best way to advocate for your position. However, attorneys are expensive because of the level of training and skill they have to have to run a successful law practice, and they generally charge by the hour, making time an important factor. And problems that took years to make sometimes take time–a lot of time–to untangle two lives that have been woven together over the years. So, how can you, as the client, ...
May 22, 2012CD
It can be unnerving during the course of litigation to turn over to your attorney and even opposing counsel personal information. In a family law case for example, discovery can consist of providing tax returns, bank statements, medical records, and even phone records. Much of this information is personal to you, and would not even be shared with extended family or the closest of friends. However, now you are handing it over to your attorney and opposing counsel. The reasoning behind this is that your attorney cannot advocate what is best for you without all of the information. Even still, it ...
May 17, 2012CD
Ciyou & Dixon, P.C. recently posted a blog on depositions and technology and what happens after a deposition is given. This blog focuses on some universals of the actual experience of a deposition–the general rules that are given by the deposing attorney to each deponent. They vary slightly from case to case. However, if you face a deposition and understand these rules, it will go a long way to minimize the unknown and fear associated with it. And as always, having sufficient knowledge of the process and general rules, allows litigants to have less stress and better answers to the questions. A ...
April 24, 2012CD
When a case has begun, there is a level of information gathering that must be done before trial. Oftentimes, it is this information that can lead to the information which will allow for a settlement or agreement between the parties or that is the basis for trial. Either way, this information gathering, called discovery, is an opportunity for the attorneys on a case to request and evaluate information. Often, interrogatories and requests for production are used. These means allow for the attorneys to send written questions and requests to the other party and sometimes, third parties. For example, an interrogatory might be: ...
April 10, 2012CD
The use of cell phones in daily life has become the norm, no longer the exception. Now, with technology becoming more and more advanced, smartphones are essentially equivalent to computers you can carry around in your pocket. They can hold information that is both trivial and extremely personal (i.e., bank account information). The use of cell phones and especially smartphones is becoming increasingly important and, correspondingly, there is more significant usage and hand-in-hand comes privacy issues. Is a smartphone safe from the eyes of the phone company and police? Questions such as these are being answered through caselaw in recent months. Especially ...
March 6, 2012CD
Most attorneys, along with individuals who work within the legal system, take the legal “jargon” or terms given to the most common documents filed in courts in connection with divorces for granted. Ciyou & Dixon, P.C. advocates believe understanding these basics aid in understanding the more complicated legal concepts contained within those filings. In this blog post, we cover the five (5) most common terms that are used. We hope when you hear about these, you are able to understand what your counsel is referring to and why the particular legal tool may have been utilized. This will help you understand ...
October 13, 2011CD
Ciyou & Dixon, P.C. attorneys frequently field questions from their divorce clients about depositions.A large number of these questions come from clients who are about to be deposed by their spouse or ex-spouse in connection with divorce or post-divorce litigation. We find there are seven basic considerations to prepare for a divorce deposition. As advocates, we hope these provide you with some useful information and insights to discuss with your counsel. A Deposition? The first inquiry is “What is a deposition?” The place to begin is with a clear understanding of what a deposition consists of. A deposition is a lot like a ...
September 13, 2011CD
As domestic advocates, Ciyou & Dixon, P.C. attorneys frequently are consulted and accept child custody modification cases. In order to modify physical custody, the moving parent must show there has been a substantial change in the child’s environment and the modification is in the child’s best interests. We find most post-divorce child custody modification cases fall within three (3) categories. The first is where a party is still re-litigating the past. The statutory rule nevertheless prohibits a trial court from hearing evidence occurring before the prior custody order. Thus, if this is the case, it is unlikely to be successful. The two ...
August 30, 2011CD
At Ciyou & Dixon, P.C. we believe custody evaluations sometimes play a vital role in the preparation of a client’s case to facilitate it settling, typically in mediation, or to make it the best it can be for trial. The lynchpin of a custody evaluation is the evaluator’s consideration of collateral material. In basic terms, collateral information is what allows the evaluator to ascertain the weight to assign to each parent’s position. Consciously, sub-consciously, and/or unconsciously everyone presents his or her best side to a custody evaluator. This is human nature in matters of the heart, particularly child custody and related ...
June 2, 2011CD