Legal deserts are a problem. Like food and medical deserts, resource shortages in wide stretches of the United States make it hard for people who live in rural areas.
According to the American Bar Association, there are over 1.3 million lawyers in the United States (as of January, 2023). But those numbers aren’t spread evenly. Some states -- like New York and Massachusetts -have almost 10 lawyers for every 1,000 people. Oregon has less than 3 per 1,000 people. It can be even harder to find legal help depending on where you live within a state; over 40 percent of all counties nationwide have 1 or no lawyers.
Oregon follows this trend. According to the Oregon Bar 2022 Survey, 50% of all of members of the Oregon Bar are in Portland and the Tri-County area. The percentage of lawyers in the 17 counties that make up Eastern Oregon is only 5.3%; there are fewer than 4% in the 4 counties of Southern Oregon; and only 2% in Oregon’s 6 coastal counties. The 2020 Pandemic added to these differences and shortages as fewer lawyers were admitted and others retired early. Family law in particular has seen declines in the number of people working in this area over the last 5 years. (according to IBIS World Industry reports)
These numbers square with what I’ve been hearing from Rogue Family Law customers. Many report that after calling around (in some cases calling over a dozen firms), they’ve been unable to find a lawyer taking new cases. Others have told me that they found someone but have to wait weeks or months for an appointment.
What does this mean for you if you are in that situation? Don’t despair. You can “start” your case even if you are still waiting to find a lawyer or are waiting for your appointment date to arrive. If you’ve read my other posts, you know that there are plenty of things you can and should start doing before you see your lawyer.
1. Start your education process.
Start your education process. As I’ve discussed in other posts:
- Between a Rock and a Hard Place: How to Get Unstuck When You’re Self-Represented
- Why You Should Budget Your Family Law Case Like A Vacation
- What Makes Family Law Cases Expensive
- How to Reduce the Costs in Your Family Law Case
There is a lot to learn when you find yourself in court.
Clearly you aren’t expected to learn all the fine point of law, master the procedures or get a crash course in lawyering. But you can get a basic understanding of your rights, your obligations and the legal process. You can start to learn the basic terms and legal concepts so that on the day of your meeting, you’re already informed.
The Oregon Judicial Department website has self-help guides as does your court clerk and of course, we offer Legal Orientations which give you an overview of the process in oregon.
Instead of having the lawyer explain everything to you (while the clock is running), you can give yourself a head start. Use this time now to get the basics down so you can spend the time with your lawyer verifying your understanding, figuring out your approach and getting specific legal advice.
2. Get Clear on What You Want.
Get clear on what you want. I’ve written a number of times about the plain fact that you have a 90% or better chance that your case is going to settle out of court.
For this reason, you want to put your effort into figuring out as soon as possible what a good settlement will look like for you. And, more importantly, you want to set those wheels in motion by having a clear sense of: what is negotiable; what isn’t (a bottom line/deal breakers). That way, when you do meet with your lawyer, you can tell him or her what you want and empower them to start negotiating for you.
Don’t let your case be “settled on the courthouse steps” after you’ve waited months and spent thousands of dollars preparing for a trial you didn’t actually need had settlement just been started sooner.
3. Start pulling together key documents and making a list of those you need but don’t have.
Start pulling together key documents and making a list of those you need but don’t have.
For better or worse, much of the key points in your life have a paper trail. This goes for property ownership, spending, household budgets, the medical and educational lives of your children, earning capacities etc. Every month you get bank statements, bills, credit card statements, reports from school, medical appointment records. These all tell the story of your life.
Start pulling them together so that when you meet with your lawyer, you are able to give them information to start planning your case settlement OR figuring out your trial plan if things can’t be resolved. You may not have everything but even putting together a list of what you need and where you think it’s located will help move the process along.
4. Start a timeline of important dates and events in the life of your family.
Start a timeline of important dates and events in the life of your family.
You, like every client, have an advantage over their lawyer, the other lawyer and the judge: you’re the expert on your life. You know what happened when; who was involved; where things happened, when and why. Start writing it down as a timeline to share with your lawyer.
The lawyer will thank you as it makes it easy to see at a glance what took place over the years of your life.
You are putting the facts together for your lawyer so they don’t have to figure it out for themselves from your documents (though most will want to use the documents as proof for the court, you are saving them time and energy.
Your pocketbook will also thank you: most lawyers can read faster than conversations take to have. Anything that saves your lawyer time, saves you money.
This will also help you do #3 (above).
For example, if an issue in your case is who served as the primary caregiver, write out the things you did, looking at emails with schools, doctors and coaches. If your case is about support, then having a timeline for major purchases will remind you about the kinds of documents you need to show where the money came from to buy them.
5. Start putting together a list of the people who have information helpful to your case.
Start putting together a list of the people who have information helpful to your case.
Often, there’s not just a paper trail to your life, there are also witnesses. These are friends, family members, teachers, employers, accountants and neighbors who saw how you lived, parented, spent, planned and earned money. Not all of these people will be witnesses at a hearing or trial (remember, you’re unlikely to resolve your case by a trial) but they can fill in information for you and your lawyer. They can back up what you are saying and/or add details you may not have or remember. P
utting together a list of people including their contact information and the general subjects they can discuss will be helpful when your lawyer is going through an analysis of your case.
Remember, time is money so if you can save time, you are saving money. Again, this relates to #3 and #4 above and can be done at the same time.
Just set up three documents: Events; documents and people.
The cases with the best outcomes are usually the ones with the best team.
You’re a vital member of that team—not just because it’s your life and you’re paying the bills – but because you’re the expert on your life.
Start right away sharing that with and helping your lawyer. They can best advise you if they have a deep understanding of your life including all the details that tell the story. So, start working on that now – you don’t have to and shouldn’t wait. Also, and as the old saying goes, the lawyer advises; the client decides.
Start preparing yourself now for the important decisions you will be asked to make later.
Finally, you should know that there are things you can do in addition to these “behind the scenes” areas described above.
For example, you can:
- Attend mediation for parenting issues with your co-parent at the courthouse;
- Prepare a petition or answer (this is critical to avoid losing by default if you don’t have time to see your lawyer before your answer is due) which your lawyer can later change with an “amended pleading” if you miss something or change your mind. The ability to file an updated or different pleading is freely allowed;
- Prepare draft forms that the court requires such as the record of dissolution (for divorces) or child support worksheets (google Oregon Child Support) to hand to your lawyer so they can have a head start. Much of the information in these documents you already have so put it on paper and let your lawyer create the final version;
- List the property you own and start researching the values (for example Kelly Blue Book for cars; Zillow for houses; craigslist for personal property). Your lawyer will likely verify these numbers but you can begin to see what a property split will look like.
- Talk to your accountant or the person that does your taxes to see what financial impact you will have from a dissolution or child support order.
And finally, we are here to help you whether you are using an unbundled approach for your whole case or just want to prepare yourself for your first meeting with the lawyer you’ll hire to handle your case for you. Our legal Orientation can give you the understanding your need; our document tools can help you create your own documents; our courses can help you create a parenting plan, work on a property division or figure out how to ask for the right amount of support.
For more information on all our tools and services, click here.