When a client arrives at the studio they have idealized Justice, it is the lawyer’s job to explain what reality is like, even more so in family matters.
How many times has a client stated, Does the judge not realize? Doesn’t he understand what’s happening? How long is it going to take to resolve this? Doesn’t he see that it’s urgent?
The first thing to explain is that the process has its own rules that are in one code, currently in two, because in the case of family, procedural rules have been introduced in the National Civil and Commercial Code. The procedural code functions as a kind of regulation that determines how the acts within the process should be developed, among other issues, how the request should be made, what is the deadline to resolve, when and how the evidence should be offered to prove the facts used as a basis. of the claim.
The Judge is the director of this process, he has duties to fulfill to carry out the development of the proceedings and has the powers to order and urge this development and maintain the discipline of those who intervene in it.
During the process there will be moments in which there will be direct contact between the Magistrate and the parties, primarily in the hearings.
The hearings are currently held virtually, but nothing prevents us lawyers from requesting presence, so that our client has access to the possibility of being heard directly by the Judge.
Since the hearing is a strange situation to the client’s usual life, it is important to prepare in advance what he or she wants to say.
The field? Our studio. It is necessary to put together a priority scheme regarding the topics, because time is limited and if it is prepared, there will be less risk of forgetting what is important to be heard.
Many lawyers speak for their clients and this leaves people in a vulnerable and helpless situation. We have to help them get out of there, they are the owners of the process.
The fear of authority can be overcome, because with respect, anything can be said.
If the client manages to speak and say what is important, he will feel listened to, this does not imply that the decision is favorable to his interests, but he will have a different feeling, because he will listen to himself exercising his own right of defense and will recover that strength that many times , the judicialization of conflicts takes away.
Clients must regain self-management of their family conflicts; to do so, the tools we can provide them are the key. Change is possible, our contribution is key.
Ana Laura Diaz
Inquiries @rupturas.inteligentes www.rupturasinteligentes.com
by CEDOC
