Mediation Blog » Attorney Fees

Tiger Woods, a lesson.

admin — Wed, 16 Dec 2009 04:01:32 +0000

The craziness of the Tiger Woods news coverage has finally saturated all the way through, to the point where I even I needed to share my opinion before we all (hopefully soon) learn to live in a post-Tiger PGA world.

Mr. Woods allegedly cheated on his wife. A lot. The details revealed by the many, many people party to this conflict vary, but all I need to know is that Tiger could have been honest with his wife a long time ago about the feelings that lead him to cheat – distance in their relationship, a desire to meet the lowest common denominator of ethics among athletes, whatever. If he had been honest, he might have been able to have a quiet split, or possibly hold onto his marriage and his mult-million dollar endorsements. Instead, he’s in for a very long, contentious, expensive and embarrassing divorce.

Honesty might not guarantee a successful marriage, but it’s absolutely necessary for a peaceful divorce. Honesty with yourself, and with your spouse, gives you the power to identify the sources of your conflicts, clearly articulate needs, and productively work toward lasting solutions. Even if you have committed to all of the principles of a peaceful divorce, there’s probably been an issue where you’ve wondered if honesty is really the best policy. You may think to yourself that everything will go much more smoothly if your spouse doesn’t find out about that other credit card you maxed out, your feelings for your landscaper, or that you’re so unhappy that you caved on something important that you’ll be retributive later.

Think again. If you’re being forthcoming in every other aspect of your divorce process, you are in peril of losing all of the progress and good faith you built when what you’ve been hiding is revealed. If your divorce is already contentious, your secret is bound to come to light while attorneys are combing through your life. The risks of being dishonest during your divorce can add tremendous time and expense, and in some cases be considered perjury (http://www.facebook.com/#/notes/peace-talks-mediation-services/ethical-problems-if-its-your-hidden-income/201576389299). The risks will outweigh the rewards. For more guidance that Tiger wishes he’d had, read YourDivorce Advisor (http://www.amazon.com/Your-Divorce-Advisor-Psychologist-Emotional/dp/0684870681/ref=sr_1_1?ie=UTF8&s=books&qid=1260834339&sr=8-1).

Dynamics of When the Retainer Runs Out

admin — Wed, 03 Jun 2009 12:00:29 +0000

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

Flat Fee Divorces

admin — Mon, 01 Jun 2009 12:00:14 +0000

If you have hired the lawyer on a flat-fee basis, meaning that you pay one fee for the lawyer to handle the case from beginning to end, find out what will be covered by the flat fee, and what will not be covered. For example, if you pay a flat fee for an uncontested divorce, what happens if you and your spouse cannot agree on whether or not to sell the house, or how to set up a visitation schedule with the children? And, at what point will you be notified that you’re no longer being covered under the flat fee agreement?

Whether you pay by the hour or on a flat-fee basis, expect to pay a retainer fee, which is a fee paid in advance from which the lawyer’s hourly costs are billed. When the lawyer sets the retainer fee, he or she is trying to guess in advance how long your case will take in billable hours to complete. Most matrimonial lawyers bill cases on an hourly basis, and you are charged for all of the time that the lawyer spends on your case, including telephone calls, travel to and from court, and preparation time. Other lawyers may bill on a flat fee basis, setting one fee for the entire case. All lawyers should provide you with a written retainer agreement that explains in detail how their fees are billed. Read this agreement carefully before signing it.

Be careful if you price shop for a lawyer. Your divorce is one of the most important events of your life. If you can find a lawyer you think is qualified at a reasonable price, great. But remember, if the lawyer you consulted asks for the lowest retainer fee in town, there’s probably a reason for that. The most experienced lawyers are usually the most expensive and that is no coincidence.

If you are concerned about your finances, see http://www.peace-talks.com/finformation.php. For a cost comparison of mediation and litigation which may help you save a great deal of money, see http://www.peace-talks.com/compare.php.

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

Divorce Attorney Fees

admin — Thu, 28 May 2009 12:00:36 +0000

When you telephone to make an appointment to meet with an attorney, ask if there is a charge for the initial consultation and be prepared to pay at the appointment if there is a charge. In many communities, free initial consultations are a thing of the past for experienced divorce practitioners. One of the reasons for this is that the initial appointment can often last an hour or more, depending on how many questions you ask and much you need to tell the lawyer at first blush. In addition, once you have consulted with the lawyer, the lawyer cannot then represent your spouse because it would present a conflict of interest for the lawyer.

Often, less experienced practitioners will not charge an initial consultation fee, or even a retainer fee. In some cases, that’s because have not built up a clientele, and would like to encourage business. In other cases, they are simply less experienced. It’s hard to know whether a less experienced lawyer is going to do an extra good job on your case to develop a good reputation and encourage referrals, or whether the less experienced lawyer simply won’t know enough to handle your case effectively. That’s why it helps to get references from friends, family, other lawyers, and the local Bar Association.

Once you have hired a lawyer, ask for a written fee agreement. Most states require that this be done, but even if it’s not required, it helps to have in writing how much money the lawyer needs to get started on your case, how fees will be billed, what kinds of services you’ll be charged for, such as telephone calls or photocopying, at what hourly rate you’ll be charged, and what will be required if the retainer fee runs out. Your lawyer should also send you a monthly itemized bill so that you can keep track of your retainer, and the amount of time your lawyer is spending doing different tasks associated with your case.

If you are worried about your finances, see http://www.peace-talks.com/finformation.php. For a cost comparison of mediation and litigation, see http://www.peace-talks.com/compare.php.

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

What Are My Options for Divorce Representation?

admin — Wed, 06 May 2009 12:00:52 +0000

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.

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