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Carolyn J. Stevens

Carolyn J. Stevens

Stevens Law
P.O. Box 999
Lolo, MT 59847

Phone: (406) 273-7301  |  Fax: (406) 273-6626
In progress.

Contact Carolyn J. Stevens

Finding Solutions

Legal Topic

Family Law

Preferred New Clients

All types of family law including: dissolution of marriage, separation, property settlement agreements, cohabitation agreements, establishing or modifying child support, establishing or modifying parenting schedules, adoption, name change.

Sub-Categories

Family Law
  • Mediation/Alternative Dispute Resolution (ADR)
  • Name Changes
  • Restraining Orders
  • Enforcement Actions
Abuse
  • Child Abuse
  • Domestic Violence
  • Sexual Abuse
Children
  • Adoptions
  • Child Support
  • Children's Rights
  • Custody
  • Foster Care
  • Paternity
  • State Child Protection
  • Visitation
Couples
  • Civil Unions
  • Common Law Marriage
  • Domestic Partnerships
  • Gay, Lesbian, Bisexual, Transsexual, Transgender Rights
  • Living Together/Cohabitation
  • Marriage
  • Power of Attorney
  • Prenuptial & Postnuptial Agreements
Elder Law
  • Age Discrimination
  • Competency Hearings
  • Guardianships & Conservatorships
  • Long-Term Care
  • Powers of Attorney
  • Advanced Health Care Directive
  • Healthcare Power of Attorney
Rights
  • Grandparent Rights
  • Termination of Parental Rights

Legal Topic

Divorce

Preferred New Clients

All types of family law including: dissolution of marriage, separation, property settlement agreements, cohabitation agreements, establishing or modifying child support, establishing or modifying parenting schedules, adoption, name change.

Sub-Categories

Divorce
  • Alimony/Palimony/Spousal Support
  • Annulment
  • Child Support
  • Custody/Visitation Rights
  • Delinquent Support Payments
  • Division of Property
  • Mediation/Alternative Dispute Resolution(ADR)
  • Restraining Orders
  • Uncontested Divorce
  • Collaborative Law
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights

Bar Admissions

MT, Sep 1993
Bar Number: 3902

Specialty Certifications

Montana State Bar does not allow attorneys to advertise as "specialists." My emphasis and concentration is on family law issues.

Other Court Admissions

Montana District and Supreme Courts.

Association Memberships

American Bar Association, Montana State Bar, Western Montana Bar Association, and Western Montana Bar Pro Bono Program.

Continuing Education

The Montana State Bar requires a minimum of 15 credits each year, and allows attorneys to "roll over" credits over 15 to the next year's requirement. I usually roll over 15 to 20 extra credits each year. My focus is on family law in general, and particularly parent/child issues, child development, continuing guardian ad litem training, continuing mediation and alternate dispute resolution training. For several years, I taught the Introduction to Family Law program for the Western Montana Bar Pro Bono Program. I presented two programs in 2008 for the National Solo Small Firm Conference in Santa Fe, New Mexico. I will present two similar programs at the Indiana State Bar Solo Small Firm Conference in June of 2009.

Papers and Publications

• Law Office Computing, I reviewed WordPerfect 8, Oliver's Cases, and KidMate
• American Bar Association General Practice Solo and Small Firm Division's GPSolo Magazine, Rainmaking
• Short articles for DivorceNet and Families First client handbook

Example Cases

As different as family situations are, their family dynamics and difficulties are equally different. The easiest case I've had was resolved before the client hired me. The parties had thoroughly and amicably discussed every aspect of their dissolution, and then one party hired me to present it to the court. We received the final decree within 30 days of filing the petition.

The most difficult cases took more than four years, hindered by threats, hidden assets, withholding the children, falsely accusing one parent of abuse. It is not unusual for one or both parties to be hostile with each other, or one party is an active or recovering substance abuser who tries to hide relapses, or the opposing party to be dangerous enough to require an order of protection, to dissolutions and parenting matters in which the parents put their hurt aside to work as a team to create a parenting plan that first meets the children's needs and then the parents' needs. Some cases involve clients who have been clean and sober and could have successfully petitioned the court for increased parenting time until they were arrested for the third or fourth relapse (alcohol in one case, methamphetamine in another). Most cases are not so dramatic. In most cases, my clients use mediation to settle their disputed issues. Occasionally, parents can put their hurt aside to work as a team, creating a parenting plan that is best for the children, with the parents' preferences come second.

Education

Degree:

Juris Doctor

School:

The University of Montana School of Law

City:

Missoula

State:

MT

Year:

1993

Focus and Accomplishments:

Internship with Montana Legal Services Corporation in Missoula, Montana for one year, handling family law, landlord-tenant cases, and Social Security Disability cases.

 

Degree:

Bachelor of Arts, Social Work

School:

The University of Montana

City:

Missoula

State:

MT

Year:

1993

Honors:

Graduated with high honors.

Focus and Accomplishments:

Work-Study job as academic adviser for students on academic probation and academic suspension. As my senior year clinical practicuum, I established an academic advising protocol for students on Early Warning, which included evaluating their current schedule of classes, rearranging the current schedule if necessary, assisting with the next semester registration to provide adequate study time and 'rehabilitative' classes, helped students establish study habits to improve their academic standing.

Number of Attorneys

1

State Licensed In

Montana

Firm Focus and History

I focus on providing affordable representation in Missoula and Ravalli Counties, in Western Montana.

I also focus on establishing a professional and personal relationship with clients. Family law issues are intensely personal to the client and often highly emotional. Many clients have never retained an attorney or navigated a dissolution of marriage ("divorce") or a challenge to their parenting ("custody"). It is important to me that my clients trust me to guide them through a legal maze for which they have no road map.

I believe that family issues do not belong in an adversarial court setting. I am a strong believer in allowing clients a chance to meet with counsel in a safe environment to fully discuss their goals and, with guidance from the attorney and a mediator, to craft an agreement that is mutually beneficial to both parties and their children. Most important, mediation allows the parents to craft a parenting schedule that is uniquely suited to their children, rather than fighting in court and relinquishing their choices to the presiding judge.

I established a solo practice in 1993. My officemate and I were remodeling and painting our office space while we were waiting for our bar results. We had to be busy to keep from chewing our fingernails to the quick.

Previous Employment Summary

My first job was as a riding instructor at Angelico Creek Farm Riding School in Vienna, Virginia, teaching very young children, children with disabilities, and children and teens without disabilities. Before and after each day's class, I was responsible for cleaning stalls, bringing the horses in, helping students brush and saddle their horses, and I guided them through the process of caring for their horses after the class. Aside from fresh baked bread, there's nothing like the smell of a horse barn, of hay and clean leather.

After high school, my worked moved indoors. I worked as a secretary at Documentation Incorporated, Bethesda, Maryland. I had a lot of spare time so I also learned how to assemble and wire microfiche readers when they were still new (yes, a long time ago).

I later moved into an apartment in Georgetown (Washington, D.C.), and worked through a temp agency for a variety of employers, including the German owner of a camera and photo equipment shop, whose German typewriter typed German characters (that made for some very interesting letters).

Secretary, print production assistant, technical editor at Bird Engineering-Research Associates, Inc., Vienna, Virginia.

Moved to Missoula County, Montana, in 1974. First job was swamping a bar. I will not describe what that was like, but I will say that it taught me never ever complain about housecleaning!

Secretary and general assistant at Rock & Roll Promotions.

After my first child was born, I was a full-time mom, child educator and nursemaid, organic gardener, landscaping and yard maintenance, caretaker for stock, field hand, food preservation and preparation specialist (canning and freezing the garden produce, cooking, baking), residential heating specialist (splitting firewood for the woodstove), laundress. All this was considered "not working" back then because it wasn't a paying job.

Returned to school on the drop-edge of 30 to complete my Bachelor of Social Work, worked part time as an academic adviser for students on academic probation or suspension.

Attended law school, interning for a year at Montana Legal Services Corporation in Missoula, Montana. Immediately upon graduation from law school, opened a solo practice, sharing office space with a fellow graduate for the first few years. I have a solo practice. Although it's still an indoor job, I have a wonderful view of the Sapphire Mountains and, at this moment, the wind buffeting the trees as it pushes a spring snow along the valley.

Activities and Awards

I act as Justice of the Peace pro tem in Department II, hearing jury and nonjury civil trials, order of protection hearings, traffic court, and initial appearances in criminal cases.

I am active in various local organizations that provide pro bono legal help to low income clients. For Montana Legal Service Corp's Family Law Advice Clinic, I have taught the Introduction to Family Law class and assisted individual parties in completing their court documents for filing. I am active in the Western Montana Bar Pro Bono Program as a pro bono attorney and as a mentor to a pro bono attorney taking a family law case for the first time. I received the annual Montana State Bar Pro Bono Service Award, the annual Western Montana Bar Association's Public Service Award, and receive recognition each year for my participation in pro bono representation.

What is your opinion regarding clients educating themselves on legal issues?

The easy answer is: When a client understands the matter's legal issues, the procedures involved, and the possible outcomes, the client is equipped to intelligently discuss the case, provide necessary documents, and make informed decisions.

Consider the nature of family law cases. Family law is highly personal to the individual. My client is not just a consumer of legal services. My client's role and responsibility is to make life decisions. My role and responsibility as attorney is to educate my client about the law, to correct misinformation from friends' war stories, to advise my client on Montana law, to discuss legal and procedural options, and to discuss my client's proposed decisions. An important part of my job is education.

Are you willing to review documents prepared by clients?

I always review my clients' documents. My clients do not draft legal documents, but I do ask them to provide a written narrative of their parenting backgrounds, and a proposed parenting schedule. I also ask them to keep a journal of parenting issues that arise between the parents. I occasionally review documents prepared by pro se litigants. Because they did not retain me for legal services, and because I do not know the underlying facts of the case, I cannot give legal advice specific to that person's case. I limit document review to proper format, whether the document contains vague or ambiguous language, whether the person needs to be more specific.

Are you willing to coach clients who want to represent themselves?

Yes, I am willing to coach, as long as the person understands that pro se means the person has not retained me to represent him or her in the matter. I will provide a consultation during which I briefly outline Montana law that applies to the case, propose some general suggestions, and give some instruction regarding proper format and content of documents.

Why did you decide to be a lawyer?

I decided to become a lawyer, and specifically a family law attorney, as my graduation date approached. I thought a bachelor's degree was not sufficient training and education to do the kind of work I wanted to do, but I could apply it as a lawyer (attorneys are also counselors at law). My secondary goal as a family law attorney is to prepare my client for the new relationship dynamic that occurs following dissolution of marriage and shared parenting. I dissolved my marriage in my last year as an undergraduate student. If experience truly is the best teacher, I learned a lot! That experience tends to reassure my clients that they really will have a life when this is all over.

What work experience and education helps you be a better lawyer?

I already had a great deal of life experience and interrelational experience when I entered law school in my early 40s. I had taught riding students from age 5 to 50, some with physical or mental disabilities and some with athletic coordination. I was married and had children. I was an at-home parent managing a household and later a parent employed in town. I was a divorced parent dealing with parenting and child support issues while I was in school. My clients experience the same emotional and practical issues that I experienced. They often comment that I "get it" because I have experienced it. My course work and experience as a Social Work undergraduate student, my senior advising project, and my internship at Montana Legal Services in Missoula were not only valuable education, they also confirmed that I was suited for and would enjoy working directly with clients. I focus my Continuing Legal Education on legal and psychological issues in marital and parenting matters, mediation and alternative dispute resolution skills and techniques, guardian ad litem training, children's psychological development and needs, and practice management issues.

Why did you decide on your primary area of practice?

Family law was not so much a calculated decision as it was a natural progression, a foregone conclusion, that I would have a practice helping clients navigate life events, whether as a counselor or a counselor at law.

What do you like best about your career?

I enjoy seeing the client begin to trust me on a personal level. I enjoy seeing the client begin to trust that divorce and custody is more than just survivable and that the client will actually enjoy his or her life again. I enjoy seeing the client begin to relax a little knowing that someone is helping the client navigate and teaching the client some practical skills to use when the case ends.

Tell us about your law firm:

I opened a solo practice by choice. I wanted a practice where I could choose the people I work with, where I could adjust my client load, and where I could personalize my "client care."

What are your strengths and style?

I am a good listener. It is vital that the client have solid footing during the uncertainty of a dissolution and parenting case. Most clients need some time at the beginning of the case to tell me about him or her, the client's philosophy of parenting, whether the client is angry at the spouse or grieving at this moment, whether the dissolution is causing a crisis in the client's religious/spiritual life. They need for me to know them at least that much.

I am also not afraid to share a bit personal history with a client. Few clients have been in this situation before—dissolving a marriage, deciding where the children will live, figuring out how to co-parent with someone who hurt my client or with whom my client is angry. Clients are reassured to know that I—an apparently sane and rational person—was once temporarily insane, too. In fact, I joke that we should carry calling cards that say, "Excuse me. I am temporarily insane."

Dissolution is a highly personal process. Court is a public "you against me" adversarial forum. The judge has a tall stack of cases and does not know the personal side of the pleadings. We cannot expect an overworked judge to craft a personalized property settlement or parenting plan for parents and children—they do not know the intricacies of a particular family. Marriage and parenting is ideally a cooperative venture. Therefore, my primary goal to help parties work cooperatively to make decisions rather than fighting it out in court.

However, in some instances, one or both parties are volatile, hostile, or stubbornly opposed to any avenue outside the court setting. In those cases, we follow the traditional "file and serve, take it to the judge" approach.

Personal Interests:

I have two grown children. Both were in the military, both deployed (Bosnia, Persian Gulf, Mediterranean, and Camp Fallujah), so I retain my interest in deployed service members having Jelly Bellies, Band-Aids, and other comfort items while they are deployed. I have three grandchildren. I have just experienced my first (short) season as YWCA soccer grandma.
Singing. A few years ago, I began singing with a community choir, singing Messiah choruses as a Habitat for Humanity fundraiser. That was so fun that my husband encouraged me to join the Missoula Symphonic Chorale for the director's final production (Brahm's Requiem). When the director didn't toss me out on my keister, and after several months of rehearsal and a successful debut, I got braver and joined the church choir. I've also sung the Brahms Requiem with Musikanten Montana in Helena, Montana, and was in the chorus for the Helena Symphony's summer productions of Porgy and Bess choruses and Holst's The Planets.

Music in general, all kinds but not so much hip-hop. Classic rock & roll, classical, African, Middle Eastern, summer band concerts in the park, student recitals at The University of Montana, local bands playing intimate venues, Lyle Lovett and John Hyatt, Tracy Grammar, the Missoula Symphony Orchestra and Chorale, just about everything.

I am a foodie. I love to cook, and I've been baking my bread since around 1969. I am eternally grateful to the Risho family in Missoula for introducing me to Middle Eastern and North African flavors and spices.

I'm fortunate to live where I can see the stars and, on a moonless clear night, the Milky Way. I will be updating this portion of my profile and say ‘Astronomy' as an interest as soon as I've learned enough backyard astronomy to not be embarrassed by my ignorance.

Fax

(406) 273-6626

Office Hours

Monday through Thursday

9:00 a.m. to 5:00 p.m.

Closed Friday.

Emergency After Hours

No

Fixed-Price Services and Fees

I usually charge by the hour because family law cases vary in complexity and length of time involved. For uncontested dissolutions, parenting matters, and child support matters, I sometimes charge a flat fee for each stage of the matter. For service members on active duty, and after some discussion of the case, I offer a flat fee based on the complexity of the matter.

Hourly Rates

$150 per hour, $125 per hour to service members on active duty.

Free Initial Consultation?

I offer a 30 minute and a 60 minute consultation at my hourly rate.

Typical Retainer

I offer several payment options. The retainer amount is in proportion to the number of issues involved, the complexity of the issues, and other factors including how difficult the parties are to work with.

Understanding Fees

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