Kevin J. Waite | Attorney

Practice Areas/Philosophy

One of our local judges sometimes refers to the steady flow of divorce, child custody and criminal cases that come before him as “The Court Of Human Misery.” I sometimes borrow that term when asked what kind of law I practice. While the term is catchy and may even sound flippant, it has a ring of truth. In most if not all of these cases the stakes are high and emotions can run high as well. It is important, as an attorney, to have a sense of perspective and to be able to analyze and evaluate the probable outcomes based upon the facts and the applicable law. Such perspective comes from experience and from knowledge of the rules of procedure and evidence.

Whether your case is civil or criminal, I treat your situation in a business-like manner, with an emphasis on obtaining the best possible result for you, regardless of whether you have been wronged and are the victim or whether you are a person likely to be found at fault but perhaps with some question as to the appropriate degree of fault. As one of my law professors said, “If men were angels, they wouldn’t need lawyers.”

Many non-lawyers tend to view the law as a series of pigeonholes (e.g., divorce, contracts, real estate, criminal law, etc.). Good lawyers know that edges blur, and that any given case may have several facets. Family law cases frequently intersect with other legal issues or areas of expertise. Some divorce and custody cases unfortunately slop over into related cases involving issues of domestic violence, whether in the context of civil protection order cases or criminal charges. Others can be aided by the insights presented by psychological evaluations, regardless of whatever preconception any individual client may have about the worth of psychologists and what they do. In still other cases, bankruptcy issues intrude. It is important to recognize and deal with other issues and areas of expertise that may have a bearing on the likely outcome of a case.

“Time is of the essence” is an expression frequently used in real estate transactions and other contracts. It sometimes also applies elsewhere. DUI cases are a good example. If you are arrested on a DUI charge, whether you refused to take a breathalyzer test or you failed the breathalyzer test, you have seven days in which to request in writing a hearing to contest the administrative or other civil suspension of your driver’s license. Ideally, you should retain an attorney within a day or two of being arrested on a DUI charge.

Estate planning clients frequently ask whether they should have a will or a trust (revocable living trust). Often the clients who ask that question have gone to a seminar on revocable living trusts. In my opinion, such trusts are sometimes oversold and sold to people who do not need them and whose affairs can be handled perfectly well through a will. As you have probably guessed by now, revocable living trusts generally involve more paperwork and are more expensive than wills. Whether to use a trust or a will is an individual determination. There are advantages and disadvantages of each. Any attempt at a full explanation would require more space than my web site provider will allow.

Contact me today to set up a free initial consultation.