Samuel B. Johnson, Attorney, PLLC
| Wills and Estates | Competency | Family Law | General Practice |
Family
Law
Family Law - Samuel Johnson's approach to
family law, which makes up a significant part of his practice, is to work toward
negotiated agreements and reasonable compromises.
Family law, of
course, includes issues of:
Separation,
Divorce,
Spousal Support,
Child Custody,
Child Support, and
Property Division.
Issues of child
support, custody, and property division can arise whether two people have been
married or not.
Samuel Johnson
is definitely not the attorney for a client who wants to wage legal war against
his or her former partner. He is
not the attorney for the client who will pay a lawyer thousands of dollars in
order to avoid paying a penny more to his or her former partner than is
absolutely unavoidable. He is not
the attorney for the client who wants to deny the other parent absolutely all
access to the children.
Samuel Johnson
believes that litigation is the worst way to resolve family law issues and
strongly supports different forms of alternative dispute resolution.
One model he supports is the mediated divorce.
In this model an experienced and trained, neutral mediator helps a couple
work through the issues they face, be those issues entirely financial or be they
also related to children. Once the
couple have reached their agreement, one member of the couple hires a lawyer to
prepare the needed paperwork and to shepherd the agreement and the divorce
through the court system. The other
member of the couple may or may not also hire an attorney as a check against
legal pitfalls. Even where both
individuals have their own attorney, legal expense can be kept to a minimum
since the agreement has already been worked out.
Samuel Johnson works with and recommends a number of local mediators for
couples who want to go the mediation route.
Another model is
collaborative divorce, and Samuel Johnson is an enthusiastic member of the Triad
Collaborative Family Law Practice Group, www.triadcollaborative.com.
In a collaborative law divorce, each member of the couple is represented
by an attorney, but the two members of the couple and the two attorneys together
sign an agreement that all issues will be negotiated and resolved without
litigation and without going to court except to finalize the result.
If the negotiation process completely breaks down, the attorneys are
required by the initial agreement to withdraw, and if the couple wants to go to
court after all, they have to hire new attorneys.
In a collaborative law approach, each lawyer serves his or her own client
by advising the client of the law and about his or her rights, but the lawyers
and the clients commit to an open and communicative negotiation process as a
foursome working together.
If neither a
mediated nor a collaborative law approach is used, Samuel Johnson will work with
his client and the attorney representing the other partner, attempting to
resolve whatever issues present themselves, again if at all possible without
going to court. In such situations,
he encourages his client to negotiate directly with the other partner as
constructively as possible and tries to bring the same positive and respectful
style to his negotiations with the opposing attorney.
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