William, or as they call him on the radio, Cinco, is my very active two year old child. I try and protect him, to give him advice that will save him from getting injured or harmed. Sometimes though, he just will not listen. This morning while washing his hair, he opened his eyes and leaned forward. This meant instant tears. I should note here that If I had a nickel for every time I have said “close your eyes and lean your head back”, I would have enough for a white chocolate mocha; make that a venti. I firmly believe that somewhere in that two year old brain of his, he understands that I have washed my hair a time or two and I know what I’m talking about, but for some reason he chooses not to listen. Each time we go through the same ordeal, he chooses not to listen, I must fix it, rinse and repeat. In this case, a dry towel hanging over the shower makes me a hero.

Much like my son, my clients for reasons unknown often choose not to listen. I have found that there are two areas where this occurs most often. This first an age old problem for divorce lawyers and attorneys; securing asset’s that are likely to fought over or hidden after a divorce begins. In a Memphis divorce, there is a mutual mandatory injunction that prohibits both parties from destroying, spending or hiding asset’s. This doesn’t mean that you cannot protect these assets. We generally advice our clients to secure a storage unit, inventory the items they will store, do not remove anything necessary for everyday life, provide your spouse with a list of what you removed, take great measures to avoid damaging any items, and if possible video tape the move. It never fails. People don’t listen. What happens next is not a big suprise. Much like my son, tears ensue, items are removed and I am called upon to fix it. The results are generally less than what one would hope for, additional legal expenses, uncertainty, locating the items, waiting for a hearing date and having to fight for what could have been preserved. In addition, I learn something. I learn that my client will consider my advice to be mere suggestion.

The second problem, and one that has become more prevalant is Facebook. Our contract states that our clients will either suspend or shut down their facebook account. It never ceases to amaze me that this rarely happens. Recently, we had an individual seeking custody of children. At trial we had to face evidence that showed my clients intentions may have been less than honest. I think “Ill do anything to get these kids, even if it means telling that judge whatever he wants to hear” may be something you want to refrain from putting out there in social networking land.

The point is that I’ve done this a few times. I generally have a good idea what is going to happen. If I tell you to do something, it is not a suggestion and it is not a power trip. It is to help you in your case and your life. Your paying for my advice, don’t waste your money. Let me help, let my experience and the experience of others help your avoid the mistakes that we have seen.

Hey…..Are you still listening?