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The Law Office of Carmen RumbautCarmen Rumbaut: Attorney - Mediator

  • Divorce
  • Paternity
  • Child Support
  • Other Family Law Matters

Type of Services

  • Mediation
  • Full Representation
  • Limited Scope Representation – unbundled legal services

 

 

Mediation

Mediation is a way to resolve conflicts in which a neutral third person helps the parties reach an agreement by focusing on the key issues in a case, exchanging information and exploring options.
A father carrying his son

  • The mediator cannot force a decision
  • What happens in mediation is private and cannot be used as evidence in court
  • The mediation can focus on just one or two issues at a time
  • The parties maintain control and make their own decisions
  • Even seemingly impossible conflicts can often be resolved through communication and imagining different solutions
  • The parties can maintain their dignity in an atmosphere that fosters respect and trust

 

Full Representation

A lawyer fully represents the client by taking on a whole case, doing whatever needs to be done to resolve the matter.
a mother holding her child

Conflict of Interests
The model is based on adversarial parties who present their case to a judge who then decides their issues. In a divorce, for example, the attorney would represent either the husband or the wife. Representing both would be a conflict of interests.

Attorney is responsible for all tasks
The lawyers drafts and signs all documents filed in court, conducts discovery of information from the other party through depositions and interrogatories, attends all hearings, and strategizes for the best possible solution for their client.

Retainer and rates
Since the attorney and the client enter into a relationship that will likely last for months, the lawyer charges by the hour and asks for a retainer up front that will be used up as the attorney puts in hours of work. Preparation is made for trial, though attempts at settlement will be made along the way.

When is it necessary?
This model is useful and necessary where the parties cannot agree at all, in cases of domestic violence, much distrust or where the power difference between the parties is great.

 

Limited Representation
Mother kissing her daughter's forehead
Sometimes people need only the advice of counsel to decide a particular course of action, to review some documents or to explain the law in a certain area. People who are filing their own divorce, for example, may need an attorney to just review the documents they will be filing in court. In limited representation, the attorney will look at the matter from the point of view of only one of the parties. In a divorce, for example, the attorney can represent only one spouse. The attorney charges per hour but does not require a retainer.

 

The client can contract with the attorney to do only a few of the following:

  • Review court documents
  • Give information about document preparation
  • Assist with document preparation
  • File documents
  • Appear in court
  • Draft correspondence
  • Advise regarding client’s legal rights and responsibilities
  • Inform about the law and strategize relevant issues
  • Prepare calculations, for example, in child support
  • Contact witnesses
  • Educate as to how to gather facts through discovery
  • Draft interrogatories
  • Take depositions
  • Review documents received from others
  • Prepare for mediation or litigation
  • Legal research
  • Advise regarding property rights
  • Analyze negotiation technique
  • Help decide whether to appeal
  • Enforce orders