Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Any Americans about or anyone living in America?

20 replies

whensmynexthol1day · 02/01/2021 12:36

Just watching a tv series and dh and I were wondering whether it is normal for Americans have a family lawyer and if so why?
Whenever someone is in trouble in an American film/ series they always have a named lawyer that they call as if they have some sort of ongoing relationship with them. I don't think that a normal thing in the uk so was just wondering whether it was a real thing or just made up for dramatic purposes?

OP posts:
ZZTopGuitarSolo · 02/01/2021 16:44

I'm in the US and I don't have a family lawyer. You don't need a lawyer here to buy a house, and we wrote our wills through an online service. When I set up my company I used an online legal service.

My parents and grandparents - in the UK - have a family solicitor who they've used for things like house purchases, wills, power of attorney, etc.

VimFuego101 · 02/01/2021 16:45

We don't have one, seems a bit of an odd idea since (just like the UK), they all have their own specialisms like family law, tax law, property law.

PlanDeRaccordement · 02/01/2021 16:50

I think it’s only something that either crime families or rich families have. In some states, you do need a real estate lawyer when you buy a house, e.g. New York.

Orf1abc · 02/01/2021 16:51

It's commonly depicted on UK programmes as well. The Mitchell family solicitor in Eastenders seems to do everything from criminal to property to family! Everyone has their solicitor on call when they get arrested too, very different to the real world waiting for the duty solicitor!

mindutopia · 02/01/2021 17:08

Hmm, I don't think it's common, but I think amongst certain people, it would be the done thing (think very middle class). I think this may be more because there is less specialisation in law practice. Lawyers do much more general work so you can use them for all sorts of things. It's a very litigious culture and people sue each other a lot. I'm not sure it would be as normal now, but certainly growing up my parents each had their own lawyers - my dad used him to sue for damages for several car accidents, I think he may have also sued one of his doctors at a point for negligence, to handle his divorce, do his will, and then the same lawyer handled his estate when he died. My mum also had a lawyer, who did her will, handled her divorce, send some threatening letters on my behalf to my dad's lawyer when he was trying to steal money from the estate, and he also did my will. I don't think everyone would have this, but if you come from a particularly trigger happy segment of middle class America, you probably do need a lawyer somewhat regularly. I think my family is a bit weird though, so I'm not sure if this would be the same for other less dysfunctional families or not.

whensmynexthol1day · 02/01/2021 22:19

@VimFuego101 yes well that was my thinking about specialisms. I presume the guy who wrote my will or did my conveyancing wouldn't be much good if I got arrested. But maybe as @mindutopia suggested there are more generalists - maybe more prevalent in small communities.

This programme was just about a normal middle class family - no crime or massive riches.

It's just as annoying as when people drive to bars in tv programmes and then drive home after a few drinks - I presume that doesn't happen either in real life!

OP posts:
ZZTopGuitarSolo · 03/01/2021 01:27

I’m always surprised by how many police drive drunk in UK TV dramas. I assume that doesn’t happen as much in real life.

ChaBishkoot · 03/01/2021 01:33

I am British but living in the US with an American DH. No we don’t have a family lawyer! We have also never really needed one per se. (That I can recall...).

SofiaAmes · 03/01/2021 01:51

American here...no family lawyer, though I do have family members who are lawyers :)
I think it's something that very wealthy families have. Generally lawyers specialize and I'd be very cautious about a lawyer who claims to be able to handle a multitude of issues.

mathanxiety · 03/01/2021 05:36

My Irish family has a few solicitors in it. ExH's family also has a few lawyers, and friends who are lawyers. ExH is a lawyer.

A few of my friends are lawyers too.

You need a lawyer for a real estate transaction in the state where I live. exH and I asked lawyer friends to do the legal part when we bought and sold our house as real estate isn't an area of exH's practice and also as a professional courtesy.

One of the real estate lawyer friends gave me invaluable advice when exH turned nasty (or should I say even nastier than before) after our divorce.

Fwiw:
The oft-repeated tales of egregious American litigiousness imply that Americans are vengeful or spiteful or inclined to monetise even pain or suffering and suggest that they are strange and utterly foreign people.

The reality is that there is no meaningful welfare safety net in America, and hardly any employee rights, or unions with any power. Litigation is often the only way to ensure a family does not become destitute. Losing your home because of loss of income after being fired or because you are forced to quit work after an injury has huge repercussions on your family, on where your children go to school, on their chances in life, including whether they could ever have health insurance because pre-existing conditions could exclude people from health coverage and the cost of private insurance is prohibitive.

Yes, there are the famous cases of people who sue after spilling hot coffee on themselves. But there is a huge number of cases involving patient, consumer, and employee rights, because politicians won't touch those hot button issues and enact legislation to protect the small fish, nor will they create a safety net, because 'communism'.

GlowingOrb · 03/01/2021 05:55

American here. It’s a tv trope.

While I have had to hire lawyers twice (divorce and a real estate dispute) I know no one who has a family lawyer.

Highfalutinlootin · 03/01/2021 06:13

To PP, "middle class" in America does not mean the same thing as it seems to in the UK; it does not describe people with education, wealth, and privilege.

It is absolutely not normal to have a family lawyer in the U.S. Only the most wealthy families would have enough reason to even engage a lawyer regularly. It's a t.v. trope.

FromEden · 03/01/2021 06:23

It's just as annoying as when people drive to bars in tv programmes and then drive home after a few drinks - I presume that doesn't happen either in real life!

Its very common here to drive after a few drinks or even drunk. A former colleague of my DH regularly couldn't remember driving home and didn't think anything of it. Never got stopped either. Shocking.

@ZZTopGuitarSolo what was the online service you used for wills if you don't mind me asking? Is it available in every state? That's something we've been meaning to do for a while.

mathanxiety · 03/01/2021 07:09

It's just as annoying as when people drive to bars in tv programmes and then drive home after a few drinks - I presume that doesn't happen either in real life!

You can drive in the US if your blood alcohol level is under .08%. For most states, you get an enhanced penalty for BAc levels over .15%.

EmiliaAirheart · 03/01/2021 07:19

@mathanxiety

My Irish family has a few solicitors in it. ExH's family also has a few lawyers, and friends who are lawyers. ExH is a lawyer.

A few of my friends are lawyers too.

You need a lawyer for a real estate transaction in the state where I live. exH and I asked lawyer friends to do the legal part when we bought and sold our house as real estate isn't an area of exH's practice and also as a professional courtesy.

One of the real estate lawyer friends gave me invaluable advice when exH turned nasty (or should I say even nastier than before) after our divorce.

Fwiw:
The oft-repeated tales of egregious American litigiousness imply that Americans are vengeful or spiteful or inclined to monetise even pain or suffering and suggest that they are strange and utterly foreign people.

The reality is that there is no meaningful welfare safety net in America, and hardly any employee rights, or unions with any power. Litigation is often the only way to ensure a family does not become destitute. Losing your home because of loss of income after being fired or because you are forced to quit work after an injury has huge repercussions on your family, on where your children go to school, on their chances in life, including whether they could ever have health insurance because pre-existing conditions could exclude people from health coverage and the cost of private insurance is prohibitive.

Yes, there are the famous cases of people who sue after spilling hot coffee on themselves. But there is a huge number of cases involving patient, consumer, and employee rights, because politicians won't touch those hot button issues and enact legislation to protect the small fish, nor will they create a safety net, because 'communism'.

Sorry but as a lawyer it bothers me immensely to see the McDonalds coffee case being reduced to “how litigious, everyone knows coffee is hot”.

Have you ever read anything about the case, or the background? Imagine an elderly woman’s labia basically fusing together because McDonalds routinely kept coffee temps extremely hot, far beyond what is drinkable, despite full awareness and numerous complaints. And prior to the litigation, they basically told the woman to fuck off with an absolutely insulting settlement offer.
gravierhouse.com/2014/10/31/the-mcdonalds-hot-coffee-case/

eaglejulesk · 03/01/2021 07:19

I'm in NZ and have used a lawyer for house buying/selling, wills, separation proceedings etc. - and yes, for those I have a family lawyer, who is the same one my DM used, and my DF uses the same firm. I don't think it's uncommon here.

bartymao · 03/01/2021 07:19

@Orf1abc

It's commonly depicted on UK programmes as well. The Mitchell family solicitor in Eastenders seems to do everything from criminal to property to family! Everyone has their solicitor on call when they get arrested too, very different to the real world waiting for the duty solicitor!
The Mitchell family probably get loyalty points.
eaglejulesk · 03/01/2021 07:20

Forgot to say, I'm not anticipating needing to use a lawyer for anything related to criminal offences, but if I needed to I would use the same one.

quirkyquails · 03/01/2021 07:21

@eaglejulesk

I'm in NZ and have used a lawyer for house buying/selling, wills, separation proceedings etc. - and yes, for those I have a family lawyer, who is the same one my DM used, and my DF uses the same firm. I don't think it's uncommon here.
We had a family lawyer when we lived in NZ who we used for everything, obviously barring litigation for things like car accidents though.
mathanxiety · 03/01/2021 10:00

Unfortunately, the case of the hot coffee was widely seen abroad and also within America as an example of the extremes of litigiousness on the part of Americans, and it still is. Like it or not, if you google 'frivolous lawsuit' one of your hits will be a discussion of Liebeck v. McDonalds. There was even a Seinfeld episode featuring a ludicrous spilled coffee plot.

From your link:
In the context of court cases, the news media does not, by and large, report the great majority of decisions, which are generally reasonable and fair. The news media tends to focus, rather, on those one or two exceptions which, when reduced to a single sentence or paragraph, appear to be illogical or excessive.

If there are 10,000 cases, for example, decided by juries across the country in a given day, and 9,999 of those cases have results which seem appropriate, then the public will find out only about the one case that does not. In the court of public opinion, therefore, that one case becomes representative of the entire system. Even though, in reality, that case is the exception...

^...On the other hand, in many ways, the McDonald’s case was not an aberration. As in many reports, the evidence was edited and manipulated by insurance companies, journalists, and lobbyists, to make a reasonable jury verdict appear irrational and unjust. The public was never informed about all of the evidence that was presented to the jury. The newspapers and television stations merely reported: “Woman Spills Coffee on Herself Results in $3 Million Award.”

Yes, Ms. Liebeck spilled hot coffee on herself. The jury recognized this and reduced her damages accordingly under the doctrine of comparative fault.

Fault was assigned 80/20 and this was reflected in the award of $160k negligence award, reduced from $200k.

The subsequent reduction of the $2.7m punitive damages award by the trial judge was widely considered to be fair and just. The case was very unfortunately successfully used by business lobbyists as an example of the alleged need for tort reform.

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.