Kathy Rowell, Family Mediator and Child Welfare Legal Specialist
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Mutual Termination Rights

10/6/2012

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Part of my contract with my clients includes a paragraph on mutual termination rights.    The way I see it, my relationship with my clients is a mutual relationship--in other words, either one of us can get out at anytime.     Like any other relationship, we must each have mutual respect for each other for the relationship to work.

If at any time you become unhappy with my representation, you can fire me.   Likewise, if at any point during the case, I think you are being unreasonable, or even more important, asking me to take legal action that I feel is unreasonable, I can fire you as a client.

Lawsuits are stressful.   If you are involved in a divorce or custody battle, there will be a lot of things that happen to cause tension or stress.   It is my philosophy to try to keep things on as even a keel as possible.     There are things that will happen that you will have very little control over and that you will not like.     I ask all of my clients to keep a calendar so that they can carefully document all of the little things that happen during their case so the information can be presented at the next court hearing to let the Judge address it.    

If the stress of the litigation is really getting to you, I will recommend that you seek a counselor or support group to help support you, because I am not a therapist.      I may also recommend exercise or a better diet, whatever it takes to help you get through the stress.     

Unfortunately, another big reason for me to terminate my relationship with a client is when I am not being paid.       This is just reality--my time is valuable.   One of the reasons you pay me a retainer is to retain my expertise in your case.    Once that retainer runs out, additional money will be owed for my representation to continue.

It is my policy to be as up front as possible as I can at my initial consultation about fees and about how long I think the litigation will last, but there will be things that may happen that I cannot predict and as my contract says, due to the large number of factors involved in a lawsuit, I can make no guarantees.
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