Collaborative law is a method of resolving disputes in a divorce situation that requires all parties to be focused on a mutually acceptable resolution.  This method draws on the theory of mediation by remaining focused on resolving disputes outside of litigation.

This method of dispute resolution also adds the requirement that attorneys must withdraw from representation if either party files a lawsuit. This mandatory withdrawal is an incentive to keep the parties at the negotiating table. Retaining a new attorney to file a lawsuit is going to cost additional money, so the incentive is to remain at the negotiating table so that you will not lose your collaborative lawyer.

Collaborative law began in Minneapolis in 1990 with attorney Stu Webb, and it has now spread to almost every state. In Wake County, there are many lawyers who have taken collaborative law training and hold themselves out as collaborative lawyers. There are even some collaborative law groups of attorneys that may physically be in the same building or may be loosely related and familiar with working with the others in this group.

This method is part of the bigger label of alternative dispute resolution, which includes the process of mediation and arbitration. Over the past ten years, the growth of alternative dispute resolution in family law has grown tremendously as courts have become clogged and people have become frustrated with the legal system and legal fees.

If you are interested in utilizing collaborative law in resolving your separation or divorce, call Frye Law Offices. Our firm offers knowledge, experience and personal attention at a time when you need it most, and our firm can help you determine if the collaborative law method is the best way to address your needs.

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In Wake County, we have a Family Court system, which means that we have one judge per family and a separate support staff for each judge. If you file a lawsuit in Wake County which contains claims for child custody, child support, spousal support, or equitable distribution, you will be assigned a Judge. Currently, we have four different judges. Once you are assigned a Judge, your case will always have this Judge unless he or she is no longer on the family bench or you are assigned a new Judge for other reasons. If this Judge is on the bench five years from now, that Judge will hear your case.

Each Judge has her own clerk who handles the administrative movement of items. These clerks do the hard work of managing the Judge’s schedule, handling communication between most attorneys/parties and the Judge, and making sure that all Orders are provided to all parties. Clerks often can give you good practical advice on how to move forward with your case in an effective way instead of spinning your wheels in the wrong direction. Clerks cannot and will not give out legal advice, but each clerk can give you practical advice on how to navigate the Family Court System. Information on the Judge’s schedule and contacting the appropriate clerk can be found at the following website: www.wcfcc.com

Family Court also operates by a specific set of rules. These rules can be located at www.nccourts.org under tabs for Court or a search on local rules. These rules cover the 10th Judicial District, which is what covers Wake County, and provides rules and forms to be used.

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One of the most cost effective ways to communicate with your attorney is via email.  This method can be much more affordable than phone calls or scheduling an appointment.

Why?

A phone call or appointment may take more of the attorney’s time as a conversation could develop on a topic that was not in line with your original list of questions or concerns. This time is not necessarily wasted as you or your attorney may find out information that assists in your representation; however, if your goal was to find out an answer to a specific question, you may not view this additional time as cost effective.

Some people shy away from using email because they believe it is easier just to meet or talk over the phone. The reality is that composing an email makes you compose your thoughts. Being organized and focused in your time with an attorney means that you will receive more for your dollar. Emails also have the added benefit of giving you a response that you can refer to on more than one occasion. If you are not sure exactly what was said, you can always pull the email back up and review the answer again.

Email is not always the best way to communicate; however we encourage clients to use that as one of their first methods of contact with the attorney. If you are not sure, let the attorney decide if it is best for you to speak about the issue or if email correspondence will suffice. Likewise, if you do not feel comfortable memorializing certain things in an email to the attorney, call the office and schedule an appointment. The most cost effective way may not always be the best way. Work with your attorney and their staff to determine the best way.

At Frye Law Offices, we offer you knowledge experience and personal attention at a time when you need it most. Contact our office if you need help with your family law needs and want someone to be cost effective in their representation.

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You have taken the first step and have reached out to Frye Law Offices, what can you expect now?   When you call in you can expect to speak with either Chris or Cindy, both are legal assistants with our firm.

The first question you can expect to be asked is your name and the name of the opposing party or any other parties involved in your situation.  We have had clients call in and not want to give us this information; this information is vital in determining if we have any conflicts of interest.

Once it is determined that there are no conflicts, the next step will be hearing about the initial details of your situation.  During your first phone call you can expect to be asked a fair number of questions about what is causing you to call our firm.  Our staff needs to be thorough and get as much information from you as possible so that your time with Katherine Frye or Lynn Bruce is as effective as possible.  Please remember that any information discussed with either of our two legal assistants will be in confidence, meaning the only person they will discuss your situation with is the attorney with whom you are scheduling an appointment.

Once the information is gathered an appointment will be set up with the Katherine or Lynn. Our staff will provide you directions and ask for a secure email address so that we can send you some initial information prior to your appointment.

At Frye Law Offices, we pride ourselves on having an amazing support staff. Clients have always told us that our staff has been professional, empathetic, and effective. From the first moment you contact our firm, you will find the knowledge, experience and personal attention at the time when you need it most. Please call us at 919.846.8807.

**Contributed by FLO Office Manager, Christine Universal

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Most breakups have a degree of hurt feelings, anger, and drama. Do you want your attorney to make these issues better or worse?

Yes, it feels good to know that your spouse was given a hard time for something that he or she did, but ultimately, does that get you any closer to your goals? Does it help you pay the bills? Does it help your kids?

As attorneys we are to zealously represent our clients, and you need to decide what that means to you. At our law firm, it means that we help our clients reach their goals in the most cost effective manner possible with consideration given to the client’s future. We do consider ourselves peacemakers, not pot stirrers.

Sometimes peacemakers cannot achieve peace, and the case must go to court. Does that mean we take a nuclear approach? No, we don’t. Quite frankly, most judges do not even appreciate that kind of approach. We get our job done in a respectful manner because that is the best way for our client to achieve their goals and embrace their new future.

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