Judiciary's Interference with Implementation of Legislation to Level Playing Field in Divorce Cases

Sept. 9, 2010 - PRLog -- Los Angeles Family Law Attorney Mark B. Baer blows whistle on the judiciary's interference with the implementation of legislation enacted to level the paying field for spouses and/or parents with children from non-marital relationships within the family law court.

Citing laws enacted by the State of California to ensure that, to the extent practical in actions involving family law, "each party has access to legal representation to preserve each party's rights," Baer states that Judges are given too much discretion which then allows them to effectively disregard the express purpose for the creation of those laws. This allows "pit bull attorneys" and their clients to "act in uncooperative ways" and "in effect cause the other party to spend down their limited resources until they outspend them and then go for the kill."

Judges manage to prevent "the party seeking such an order [for attorneys fees] from receiving the fees in order to have equal access to legal representation," states Baer. "What I'm suggesting is that laws be enacted to reduce or eliminate judicial discretion over such matters."

A member of the Elkins Family Law Task Force in California commented, "Excellent Blog on the topic and appreciate the difficulties with sanctions orders for attorney fees. As a continuing member of the Elkins Family Law Task Force in California,our Task Force is now in the implementation phase of our recommendations that we unanimously adopted by the Judicial Council this April. The Elkins Task force recognized that early needs- based fee awards are critical to address disparity in access and lack of parity in representation. The Elkins Task force will also addressing the need for sanctions to include restitution or fines and not only attorneys fees. We are also assessing mechanisms to handle perjury and whether there are adequate civil remedies."

Mark B. Baer has practiced law in Los Angeles for nearly twenty years with an office in Pasadena, CA. For more information, please visit: www.markbaeresq.com.

More information can be found online at http://www.markbaeresq.com.

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At Mark B. Baer, Inc., a Professional Law Corporation, we assist people in becoming independent of their spouse with integrity, by evaluating and facilitating solutions that are respectful to each other and their families.