Season 6 Episode 4 - Should You Hire An Attorney To Escape Child Support

 Should You Hire An Attorney To Escape Child Support

Should you hire an attorney? Hiring a lawyer can Feel Overwhelming — especially if you need one to advise you on complicated matter of Child Support. Knowing what to expect before you choose a lawyer can make the process easier.

Child Support Lawsuit Simplified. We teach you strategies and techniques to free yourself of judicial misconduct from the State and Federal. The guarantee is YOURS.

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Transcript

Should You Hire An Attorney To Escape To Child Support

Email: Chrish289@protonmail.com
            (c)Copyright, 2021-2030
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Introduction:

welcome if you don't know family law and you're a father should you hire an attorney we often get that question in email or in phone calls all the time i'm recently put on child support and should i get an attorney.

The fifth circuit in Texas last month in July says that attorneys do not have to engage or join the bar association as you know the bar search is responsible for licensing lawyers within each state so in Texas if no one is a part of the bar association how do they get licensed you may not know this but states do not license attorneys on the bar association we did a video called student can practice law uh please review that video it goes along with this topic that we're covering so when you're dealing with family court problems the next legal decision you make

 might have a huge impact on your case one of the most critical decision you'll make is to hire a legal professional and to do so correctly in other words hiring an attorney now on this channel we do not dislike attorneys or we hate the legal profession what we practice is self-help you helping yourself through your case because you know your case better but how do you locate an experienced attorney for most of us who can't afford those high priced attorneys well some of the things you look for are learning you know where did they go to school their

 knowledge their skills their abilities their growth their competence the reason for that is there is no tracking system for attorneys whether they're you know their win and losses you know if i was putting together a basketball team or football team i could ask for the stats uh how many years that each player played how many super bowl rings how many championships i could get that but when it comes to attorney you're in the dark so in this episode we're going to talk about some key things if you decide uh to hire an attorney and for the attorneys who reach out to us on our site we welcome your questions we welcome the challenges again we do not hate attorneys on this channel in fact if attorneys want to advertise on our videos we'll we're happy what we're saying is there are some guidelines in which if a father were to hire an attorney

now you probably heard this statement if you are your own lawyer you has a fool for a client and many attorneys tell you that what they did not tell you is that phrase was actually in a case law called k k versus earlier e h r l e r 1991 that was the supreme court but what they were referring to was if a lawyer decides to handle his own case then you have a fool for a client this did not apply to someone a non-lawyer having their own case i know because this phrase has been thrown around so much but here we do research on this channel and we tell you the truth

hello my name is Chris and in this session about hiring an attorney this is the first time we are presenting this topic what are the things you should look for if you are however as you know this is a self-help channel but again you have the legal right to hire an attorney if you choose to do so

45 cfr 264.30 as you know this is the mantra for child support which is all men are referred or enrolled in the child support program in order to establish paternity as well as modifying support so this is the mantra for child support now this is note we've said this in the past that if you don't want an attorney then one cannot be forced upon you and that's state versus Prendeville and Moore versus state of Michigan the supreme court came back like if you don't want an attorney the judge or magistrate or clerk cannot force one upon you always get this hire an attorney

so let's look at the sixth amendment it's in common law in all prosecution the accused shall enjoy the right to a speedy trial a public trial an impartial jury as well as to have the benefit of what is called counsel okay because why they need to understand the nature and the cause of the case that's before them and this is no different than in child support you're being charged with child support you still need to know the nature and the cause for the case and you enjoy what is called assistance of counsel that is you have the right to choose counsel of your own choosing

so the sixth amendment guarantee that you should have what is called effective assistance of counsel what does that mean if you were to hire an attorney you want to make sure that you have effective assistance of counsel, and the case law is Strickland versus Washington in 1984. what does it mean to have an effective assistance for council well you have the right to identify effective counsel as well as the supreme court clarify if you have ineffective counsel there's two requirements there's a constitutional deficiency and prejudice if both of those

 conditions are met then basically you have a grievance against the council that you hire so i'll repeat that you have the right to effective assistance of counsel but if for any reason you have ineffective assistance of counsel you have a grievance against an attorney so let's look at the bar association called the model rules of professional conduct and we're going to look specifically at rule 1.1 a lawyer shall provide competent representation to a client competent representation requires legal knowledge skill thoroughness in preparing in a reasonable representation in rule 1.3 the lawyer shall act with reasonable diligence and promptness in representing a client again this is the bar association rules and requirement when you engage effective assistance of counsel in utah they have decided that well there are so many issues with the legal professional there are people who can practice legal services who are not

 lawyers and as we said early in the beginning of this video in Texas an attorney no longer have to join the bar association which means they no longer have to be licensed to practice in the state of Texas and since that happened at the fifth circuit it means it may happen across the nation in Arizona in august of 2020 they enacted what is called a non-lawyer legal paraprofessionals and they have an acronym that goes with that and that was in august 2020 and what they're allowing is non-lawyers who wants to practice certain parts of the law they are allowed to do that and they highlight that i'm pointing this out saying that there is a shift going on where lawyers now or people in knowledge about the law are allowed to again participate in the legal practice without being licensed and here it is again and the Arizona approves non-lawyer ownership of license and non-lawyer access to justice

in Washington in Washington state the supreme court sunset what is called limited license program for non-lawyers what they were doing was and this is June 2020 they're looking at programs where

non-lawyers again those are not licensed by the bar because the state cannot license attorneys that they will allow what is called a limited uh license program and it will be guided and this was a seven to two decision from the supreme court so as you can see the trend towards non-lawyers so if you are hiring a lawyer here are some of the things that we've highlighted and again this channel we do not dislike lawyers we encourage lawyers to either advertise or give us questions our goal is to ensure that fathers have the best legal

 representation at a reasonable cost so here's some of the tips ask for recommendations you know if you know of someone who's won their case as a father in child support or have gotten favorable decisions then that's a recommendation also do online research they're not many places where you can research for attorneys uh it's not like sports where you can pick up the back of a newspaper and there are the stats results for all the athletes you do you know how to pick your team you know fantasy football it's not the same with the legal profession next

 schedule a consultation with several lawyers in your area interview them find out you know their skill level their competency level again you are entitled to effective assistance of counsel okay ask the right questions what are the right questions relating specifically to your situation oftentimes i hear it hear men ask this well have you won any case well that's a fair question but the real question is looking at my situation whether the likelihood that i will get a favorable outcome again winning and getting a favorable outcome are two different things the fees and costs it's very important to understand what you're being billed for and how much your case will cost what you don't want to have happen to you is that as your case progresses through the courts your fees start to increase whereas you now have to pay both legal fees and if you did not have a favorable outcome you have to pay the child support fees and next payment arrangements can ask if you can make payments over time that way you don't have to if you get a large bill it's part of your structured payments

we have a video call the five uh supreme court cases that everyone should know if you are interviewing an attorney ask them about these five questions that will help you decide whether or not they really understand child support and the decisions of the supreme from the supreme court this is a good place to start it's a good question if there's any hesitation that the attorney does not want to answer this question well that is a red flag for you so are there another solutions for stopping an arrest and what it is is that people hire an attorney because they have an arrest for child support we will continue that discussion over time on our news on our new master class site which is child support dot

newzendler.com as always on this channel we've always said you have the right to access the court because that is a sixth amendment right and the case law is Ryland versus Shapira but also you have the right to effective assistance of counsel if you choose to hire one so there you have it so folks who have been watching our channel and thank you for watching our channel here we do not dislike attorneys what we're saying is there's a minimum standard that you need if you want to defeat the child support program thanks have a good day