Archive for the ‘Divorce Lawyers’ Category

Working with your Lawyer

Tuesday, June 9th, 2009

Your lawyer should send you a copy of everything that crosses his or her desk. That way, you can stay up-to-date on what is happening with any pleadings, briefs, documents, letters, and any and all correspondence concerning your case.

 

Remember, you are the one living with the results of your case, not the lawyer. Therefore, it is important that you feel that you are informed about the facts in your case, the pros and cons of each step that might be taken, including settlement negotiations and other matters in the decision making process.

 

The most common complaint heard from clients is that the lawyer doesn’t return phone calls. Waiting for a call back when you’re in distress makes minutes seem like hours, and hours like days. You can help your lawyer by being organized:

Write down your questions. Save up several questions to ask your lawyer all at once since he or she may have a minimum charge for phone calls. Leave enough space between questions to write in the answers.

 

Consider faxing, e-mailing, or mailing your questions instead of telephoning. This gives your lawyer a written record of your question, prompting a clear, well organized written response to which you can refer later.

 

The more research you can do to help yourself, the better. For a list of good books, see http://www.peace-talks.com/books.php. Also, be sure to visit our resource center at

http://www.peace-talks.com/resources.php.

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Dynamics of When the Retainer Runs Out

Wednesday, June 3rd, 2009

Sometimes the retainer fee paid runs out before the case is completed. The divorce has become more involved or time consuming than originally anticipated, and ends up requiring more time than expected at the outset. Your lawyer is asking you to pay an additional retainer fee, and you suddenly feel like he or she is more interested in money than the progress of your case.

 

You should expect to pay for the time the lawyer spends, even if your case takes longer than expected. If your retainer has been exhausted, you need to make arrangements with the attorney to continue to represent you. When clients do not honor their obligations to pay fees, loyalties can feel divided. As the lawyer pressures the client to pay the fee, the client may perceive that the lawyer is no longer supportive. Going through a divorce with an attorney is a very personal process. It is not unusual for you to feel very close to your attorney and to feel like your attorney is even more than an advocate. You need to remember that the attorney is a paid professional, and is not representing you as a favor.

 

Generally, if lawyers are not being paid they can request to withdraw from your case. This kind of withdrawal requires the Court’s permission. Don’t put yourself in the position of begging the court to force your lawyer to stay on your case. You and your lawyer need to work as a team, and underlying money issues shouldn’t get in the way of your relationship. Meet the financial situation head on, and make an honest effort to abide by whatever payment arrangements you and your lawyer negotiate. Prepare yourself by understanding the divorce process. If you need some good books to read, see  http://www.peace-talks.com/books.php.

 

In the event of a dispute concerning your fee, most local Bar Associations have fee dispute committees which will look at fee disputes and determine whether or not the fees charged were reasonable. By the time you get to the fee dispute board, you should question your choice of an attorney. If you are at such odds that you do not understand how the fees are billed or you don’t think your lawyer has earned the fees charged, you should hire a different attorney to represent you. It is very helpful to go into the divorce knowing what to expect so be sure to visit our resource center at http://www.peace-talks.com/resources.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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How to Find the Right Lawyer

Tuesday, May 26th, 2009

Among the many qualified family lawyers in your community, choosing the right lawyer for your particular circumstances is crucial. In most states, the family laws are not terribly complicated, but the details of how those laws might apply to you and your individual family situation can get tricky. Although many lawyers who are general practitioners do a fine job with divorces, your best bet is to hire a lawyer who specializes in family law. That person is more likely to be up to date on the most recent changes in the law, tax ramifications, the finer points of your states’ divorce laws, as well as the personalities of the judges and courthouse personnel in your area. In addition, that person will spend most of his or her time in domestic court, and your chances of having your matter expedited are improved because your lawyer may be more available to you.

 

Although the law itself may occupy relative few pages in the law books, tricky issues such as whether an inheritance or gift from your family is a marital asset, how best to handle disputes pertaining to children, and how to divide up assets such as pensions are best handled by the specialist practitioner. For more information about divorce in general, which may help you have more confidence in your choice, see http://www.peace-talks.com/divorceinformation.php.

 

Your local bar association has a lawyer referral service. You could also ask your therapist or accountant for a referral. If you know a lawyer, ask him or her for a referral. Lawyers tend to know who among them is the most talented, and most will refer you to someone they respect. Speak to friends or family members who have gone through a divorce for referrals.

 

Remember, however, that the way that person reacted to the process may influence whether he or she gives a lawyer a good review.

 

What should you be looking for in a lawyer?  Obviously, you want to select a lawyer that knows as much as possible about family law in your state. The manner in which the lawyer conducts the interview will tell you a great deal about that, but don’t be afraid to ask questions:

  1. How long have you been practicing in this state?  What portion of your practice is family law?  How do you keep current on changes in the law, taxes, and emerging issues like stock options?
  2. What is your policy on returning telephone calls, fees and billing?   How much will it cost?
  3. How long will this take? What is the basic process?
  4. How is support determined?   What if we can’t resolve custody or visitation?
  5. How do you feel about working with mediators?
  6. What percentage of your cases are resolved without having to go to trial?  If the lawyer tells you that more than 5% of his or her cases end up in a trial, beware. A good, ethical lawyer is able to settle most cases.

Have a list of questions ready to ask your lawyer at the initial appointment. Pay attention to how you lawyer responds to your questions. Does he or she treat your inquiries with respect? Do you get a complete answer in terms that you understand?  If he or she doesn’t know the answer, does the lawyer admit it, and offer to get back to you — and does he or she follow through?  The way in which the lawyer responds tells you a great deal about how the lawyer operates, and how you’ll be treated as your case goes on.

 

Choose a lawyer who is responsive to your questions and needs. Divorce is a very personal process. You are living with the choices that you make in your case. Your lawyer is not. A good lawyer is also a good listener, explainer, advocate, negotiator, and barometer of the pros and cons of the decisions you’ll have to make in your case. If your lawyer doesn’t have time or patience to answer your questions or to explain the legal process to you, then you shouldn’t hire this person. More information is also available at our resource center, http://www.peace-talks.com/resources.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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How do I Find, Choose and Use a Lawyer

Thursday, May 21st, 2009

Some people prefer to use a lawyer in their divorce case. Aside from preference, it’s best to be represented by a lawyer from start to finish in your case if you have unresolved custody issues, or if you not have equal bargaining power with your spouse. A good example of this is a spouse who has been dominated or abused by the other spouse. If threats figure into your marriage, you’ll probably need a lawyer in your divorce.

 

Most people fall someplace in between not needing a lawyer at all, and needing to have a lawyer handle the entire case. It’s always a good idea to be informed about your legal rights, and an initial consultation with a divorce lawyer is typically either free or reasonably priced. It’s worth it to find out your state’s child support laws, position on alimony, tax ramifications of your possible asset division and support scenarios, and factors which determine property division. You can consult with several lawyers to get several opinions.

             

You may also be able to find a lawyer who would be willing to review a final agreement or mediation proposal, and to discuss the concrete terms with you in the context of what you are entitled to under your state’s laws, on an hourly basis rather than representing you fully. Of course, such a lawyer will not be as intimately familiar with your individual circumstances as he or she would be if representing you throughout your case, but an ongoing consultation relationship with a lawyer will keep you abreast of the laws and general considerations which affect you. You can then supplement this information with research on your own at the local law library, or with an accountant. For more information about divorce that may help you with your lawyer selection, see http://www.peace-talks.com/divorceinformation.php.

 

You may also wish to hire a lawyer to represent you fully while you pursue different negotiation alternatives. This is a popular divorce attorney/client relationship because it keeps you under the protection of an attorney, yet it allows you to try and resolve your case on your own to the extent you can do so. As issues are resolved outside of the attorney’s office, you can discuss the agreements with your attorney to be sure that they’re fair given your particular circumstances and the law which applies to your case. If you intend to pursue mediation or other out-of-court settlement methods with your spouse, be clear with your lawyer that you don’t want conflicts to escalate in court unless absolutely necessary. Oftentimes clients feel more comfortable having an attorney “on retainer” so that they can call and ask questions, make appointments, or have court papers filed upon request, without having to re-establish a relationship each time a service is needed. If you would like to do more research through reading, a list of good divorce books is available at http://www.peace-talks.com/books.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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What Are My Options for Divorce Representation?

Wednesday, May 6th, 2009

Your decision to divorce will involve choosing the type of representation you feel you need. How you divorce will have a large impact on how the divorce impacts you, your spouse and your family. If you are looking for more information, be sure to see our resource center at http://www.peace-talks.com/divorceinformation.php.

In most states there are several options:

 

Pro Se or In Pro Per divorce: you can handle the divorce yourself, without the help of an attorney, or hire an attorney only to review your settlement but not represent you in court.

 

Mediation:  you can use a mediator or arbitrator to settle the case, and either go pro se or hire an attorney to file the papers, review the settlement, and escort you to court for the final uncontested court judgment.

 

Hiring an attorney: you can hire an attorney to represent you in court, from start to finish

 

You can use any or all 3 of these methods in any combination. These days, many people represent themselves or settle cases in mediation rather than hiring an attorney and proceeding to court. As attorney fees rise and court case loads allow less and less time for each case, many people find that settling the matter between themselves saves time, money, and aggravation.

 

If you are trying to choose between mediation and getting an attorney, see http://www.peace-talks.com/proscons.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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