Spartanburg Divorce Lawyer & Attorney : Stevens-MacPhail Law Firm : South Carolina Family Law Serving Columbia, Charleston, Greenville, Hilton Head Island

What does Pro Bono mean?
Many South Carolina lawyers offer their services for free (pro bono) to clients who cannot afford to pay for help with civil legal matters. These matters include family, housing, bankruptcy or probate matters.

How do I qualify for pro bono assistance?
You must meet federally established poverty guidelines. To find out if you qualify, contact the Legal Aid Telephone Intake Service (LATIS) at (888) 346-5592. If you qualify, the South Carolina Bar Pro Bono Program will refer you to a lawyer. The Bar's Pro Bono Program is funded primarily through the South Carolina Bar Foundation and private Lawyers.

How long will it take the Pro Bono Program to find a lawyer?
This depends on the number of volunteer lawyers available in the county where the case will be heard and what the cases involves. It may take up to four weeks to find the right volunteer lawyer to take your case.

What if I am served with legal papers?
The Pro Bono Program is rarely able to accommodate emergency requests for a lawyer. However, if you are served with legal papers after the Pro Bono Program has received or completed your intake but before you have been referred to a lawyer, call the Pro Bono office immediately. If you are served with papers after a lawyer has taken your case, call the lawyer's office immediately.

How do I know when a lawyer has taken my case?
You will receive a letter from the Pro Bono office that gives you the lawyer's name and telephone number. You should call your lawyer during regular business hours as soon as you receive the letter.

How much will it cost?
The volunteer lawyer will not charge a fee. However, you may be responsible for any related costs, such as filing and service charges. The opposing lawyer may ask for lawyer's fees from you, but it will be up to the judge to decide if you should pay.

What if my income increases?
If your income increases after your first interview with Legal Services or the Pro Bono Program, contact the Pro Bono office. If your income increases after your case has been referred to a lawyer, contact the lawyer.

What should I take to the interview with my lawyer?
You should take any legal papers that have been served and any other documents related to your case. It is your responsibility to provide this information to your lawyer.

What if I decide to drop my case?
If you decide to drop your case, call your lawyer. Your lawyer will contact the Pro Bono office. If you simply fail to show up for an appointment or court hearing, your case will be closed by your lawyer immediately.

What if I cannot keep an appointment with my lawyer?
You must call and cancel any appointment you cannot keep as far in advance as possible. If you fail to call, your lawyer may close your case.

What if I move or change my phone number?
If your address or phone number changes, call the Pro Bono office with the new information. Be sure to let your lawyer know also.

What if I don't have a car?
You are responsible for arranging transportation to the attorney's office and to the court.

Source:  "Pro Bono Resources" from the South Carolina Bar.

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The following information is from the The Oregon Divorce Blog:

Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don’t be one of them. Divorce law isn’t rocket science, but it isn’t always intuitive. Avoid the following 10 divorce pitfalls to get a better result.

During your divorce, you should NOT:

1. Lie to your lawyer: We are here to help you. Your communication with us is privileged, meaning we can’t tell others about it, except in certain child abuse scenarios. The more we know, the more we can help. We need to know everything, the embarrassing, the ugly, and the secret. If you have a drug, alcohol, or gambling problem, tell us. You have two options: (1) Disclose and likely hear from your lawyer that your secret or problem is irrelevant to the court process, or (2) Fail to disclose and have your case hurt at trial because the other lawyer knows facts you haven’t told your lawyer.
2. Lie to the court: If you have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth, and who is lying. Not only is lying to the court a crime, but your lawyer may have a duty to stop the proceeding and tell the court if he or she knows you are misrepresenting facts! If you have areas of your case that are sensitive, work with your lawyer on what you are going to say, but don’t misrepresent.
3. Involve the kids in the process: If your case involves a custody or parenting time dispute, nothing will draw the wrath of the court faster than involving your kids in the dispute. Don’t talk to them about the case. Don’t use them as pawns in the battle against your spouse. Don’t use them as your therapist, or treat them as your peers. Don’t put your spouse down in front of the kids. You are not only harming your case, you are harming your children.
4. Hide or fail to produce documents: You have an absolute right to see your spouse’s financial documents. Your spouse has an absolute right to see your financial documents. I have seen many cases that could have been simple turn complex and expensive when someone decides to not voluntarily produce records. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily. I had a case where we asked for some email records from the other side. They did not produce them, and when we filed a motion to compel their production, they tried to tell the court that they had been destroyed. The stunt seriously impacted the opposing lawyer’s credibility with the court.
5. Refuse to cooperate with a court appointed expert: In divorce and custody cases, experts called “custody evaluators” are routinely appointed to gather information about a family and make a recommendation regarding an appropriate parenting plan. If one is appointed in your case, cooperate. Be on time for appointments. Treat the expert with appropriate respect. Ignoring the requests of the evaluator can seriously harm your position and credibility with the court. An evaluator will likely make negative assumptions about you if you cannot comply with a court’s order to cooperate.
6. Settle without analyzing your case: Divorce can be unpleasant and emotionally painful. One reaction is to try to get it over quickly. Do not give into the urge to be done with the case before you have a full understanding of the assets and what a fair distribution looks like. You don’t want to be in a position where you are contemplating settlement and your spouse knows more about the assets than you. Prepare and go over a proposed distribution of assets and liabilities with your lawyer. Make sure you know the nature and extent of the assets, and get additional discovery if you don’t. Do not settle prematurely, before you know what is fair.
7. Fail to try to resolve the case outside of court: Don’t settle early without analysis, but also don’t fail to try to settle. Good lawyers and reasonable people settle most divorce cases without a trial. Many clients benefit from mediation, either through the county courthouse or through a private mediator. Our experience has been that many very difficult settle in mediation with the guidance of a trained expert mediator. You should always consult with your lawyer during the process to make sure you are getting a fair result. Settling also means you choose the outcome rather than have a judge impose an outcome on you. Parties that settle are generally happier long term, and have less ongoing conflict. Even if the other side is unreasonable, you should still make an offer to create a record of your position.
8. Take out your stress in unhealthy ways: This is the wrong time to up the drinking or other unhealthy behavior. Expect stress from the conflict and plan for it. Take out your stress in healthy ways, like at the gym, sports, or in talking to friends or a counselor. Don’t take it out on your children, or your body through unhealthy behaviors.
9. Be economically irrational in negotiations: At some point in every case it costs more to continue arguing than what is at stake. Approach your case with a business like mind. Are you really winning if you spend $1000 on lawyers to argue over a $50 lamp? Some (bad) lawyers insist on arguing about every point, without regard to cost. Every issue is a new battle front. A request to resolve one issue results in two more contested issues. In our opinion, these lawyers don’t serve their clients well. Pick your battles. If it costs $1000 to argue over something you can replace at Target for $20, buy a new one, and focus on what is really important.
10. Be your own lawyer if your case is contested and your spouse is represented: Many judges dislike unrepresented parties. Even experienced divorce lawyers hire experienced divorce lawyers for an objective opinion. Many unrepresented people who think they have a great case find out otherwise after a judge rules against them because they can’t tell the judge everything they want to because of the rules of evidence. If you disagree over property or custody, and your spouse has a lawyer, seek representation.

Source:  "Top 10 List: Top 10 Things to NOT Do During Your Divorce" by C. Sean Stephens, published at The Oregon Divorce Blog.

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Robert L. Mues of the new Ohio Family Law Blog has published two excellent articles that examine the factors that one should consider when trying to select the “right” divorce lawyer.  You should read Part 1 and Part 2 of his series for more details, but his list includes the following items:

• Experience
• Past Client References
• Professionalism, Reputation and Integrity
• Lawyer’s Website
• Communication and Access
• Multi-Disciplinary Approach
• The “Hot Potato Shuffle”
• Guaranteed Results
• How Much Will the Divorce Cost?
• Fees
  

Source:  "How to Select a Divorce Lawyer Pt. 1 and Pt. 2" by Robert L. Mues, published at his Ohio Family Law Blog.

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Consider the following good, common sense advice:

If you’re like most people facing divorce, you have more questions than information. Even if you and your spouse have agreed on all of the terms of your divorce, you’ll have to follow specific legal procedures to formally terminate your marriage.

Every divorce case is different, and specific laws vary from state to state, but divorce cases generally follow one of two paths:

• The parties may reach an agreement, submit that agreement to the court for approval, and receive a divorce decree ending their marriage and setting forth the terms they’ve agreed upon; or
• If the parties can’t reach an agreement, the case will be scheduled for a contested hearing, where a judge will consider evidence like financial records, witness testimony, and expert reports on issues like valuation of property and custody arrangements.

Source:  "Talk to a Divorce Lawyer" by Helene Taylor, posted at The Modern Woman's Divorce Guide blog.

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New clients often ask their lawyer how they can help ensure a good result in their divorce and/or custody cases.  The following tips from Jeanne M. Hannah can help clients obtain good results and often save money in their cases:

• Be prepared. Clients can gather documents and information about important financial issues, which will help save your lawyer time, which will typically save you money.
• Be flexible and prepared to accept change.  Understand that financial resources can become stretched during a divorce, and the ability to compromise can be invaluable in helping reach a successful resolution in your case.
• Be truthful with your attorney. Your lawyer's ability to help you is only as good as the information that you provide to him.  If you fail to provide accurate and truthful information, you are only hurting yourself.
• Prepare to use specialists.  You will generally obtain better results if you use a lawyer who doesn’t dabble in family law. Sometimes, other specialists may be needed to help with various issues in your case, such as counselors, financial planners, business valuation experts, CPAs, and/or child specialists.
• Ask your lawyer for recommendations to a specialist.  Your attorney can typically refer you to well qualified experts when the need arises.
• Make a list of the goals, needs and interests that are important to you, ranking them in order of importance. Once you draft your list, verify that they are realistic, and then focus on them and don't get distracted.
  
• Be empathic to your spouse’s position.  By keeping all avenues of negotiation open, you can determine the other person's goals and thus what motivates him/her to settle. 
• Reduce conflict.  The more you can work to reduce conflict and work toward a solution, the more you can reduce your cost in any case.  Also, you should remember that conflicts consume not only money, but also energy.
• Remember, this isn't the end of the world.  At the end of the day, you want to be able to walk away, to take a break, and to start over while holding your head high, knowing that you  handled things in the right way.

You can read much more about each of these tips by visiting Ms. Hannah's blog.

Source:  "Preparing for Divorce" by Jeanne M. Hannah, published at her Updates in Michigan Family Law.

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Choosing the right attorney to handle your family law matter can make a significant difference in the outcome of your case.  Knowing what "type" of attorney to choose (and not to choose) can make the process easier on you and can result in a faster, better outcome.  Consider the following article by Victor J. Medina on this topic:

I recently fielded a phone call from a business colleague who told me that she had referred me to a friend for matrimonial work. She mentioned that when she was getting a divorce she found that her attorney became too adversarial and impeded the progress of the divorce. She told me that, from her perspective, the divorce attorneys were making it about themselves and not about the clients.
I cringe when I hear that kind of story. One of the hallmarks of our practice is that the client and his/her needs are at the forefront of our minds when dealing with the case. I’ve often told many clients in an initial interview that I have no ego in the case. I can’t tell you how many times I’ve swallowed insult after insinuation about me and my firm because retaliation would have been counterproductive. This type of pliability in a negotiation is necessary because the goal is more important than maintaining ground in the ego game.

I also often have clients come in asking “Are you a fighter? I need a bulldog on this…” or “I really need someone who is collaborative…can you work with my ex’s attorney?” - I usually respond, kindly, that (1) yes, our firm can be all those things and (2) at this point, I’m not sure anyone knows what they’ll need in a divorce. A general way to state it is that they’ll need an attorney who can respond to the situation and can be what the circumstances warrant. I think there are a select few attorneys who can do that - at least in what I’ve encountered on the other side of the table. Most attorneys have one mode and have a reputation for being one thing. Those are the easiest attorneys to deal with (even the screamers) because you know what you’re getting from then and they’re rarely creative in their approach. That is, I almost never have to worry about not seeing the next move coming because it’s all so predictable. On the other hand, the crafty attorney is the one that never approaches the situation from the same angle. I’m on my toes with those attorneys because, having practiced that way myself, I know how crafty they can be.

The short of it is this - when you look for a divorce attorney or someone to handle your post-divorce family law matters, such as custody or support enforcement, seek out those attorneys for whom flexibility is a hallmark. In any divorce “battle”, you may need air strikes, sea power, diplomacy or a combination of four other things. If you restrict yourself to an attorney or law firm that specializes in air power with all the latest bombers, you’ll be vulnerable to the ground attack and may not avoid war altogether.

Was the war analogy too much? Just trying to get the point across.

Source:  "Choosing a Divorce Attorney - Flexibility is Key" by Victor J. Medina, published at the
New Jersey Divorce & Family Law blog.

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Over the years, I have also become much more selective in choosing which cases I handle.  When I first started practicing, I took virtually every case that came through my door, as most young lawyers do.  However, now that I am older (and hopefully wiser), I find that I probably reject as many cases as I accept.

These days, before I agree to take a case, I consider the following factors in determining if it will be a good fit with my practice:

1. Are the facts/issues in this case interesting to me?
2. Do I like the client and/or is this someone that I want to help?
   
3. Are there any good reasons not to take the case?
4. What impact will taking this case will have on my other cases?

One of the reasons that I practice family law is the wide variety of cases that I get to handle.  There are divorces, adoptions, child support cases, visitation disputes, mediations, etc., and the facts of each are different.  If I had to do something like real estate closings all day every day, I would very quickly lose my mind.  I mean nothing against attorneys that handle that type of work, but repetitious work does not interest me in the least.  I find that taking cases that are intellectually stimulating makes it enjoyable to come to the office every day.

In a family law practice, I get to interact with people from all walks of life -- doctors, salesmen, CEOs, factory workers, retirees, and even other lawyers.  All potential clients bring their own unique characteristics with them, which can make a case more or less appealing to me.  I consider things such as the client’s personality, expectations, reasonableness, and need for my services.  I keep in mind that if I take the case, I will be spending a lot of time with that person, and therefore I am selective in the cases in which I choose to invest my time and energy.  Besides, I believe that having a "likable" client makes me want to give 110% to that person's case.

I also consider whether there are any good reasons that I should not take the potential client’s case.  For instance, if the client wants me to cut corners or engage in questionable actions, I will not accept the case -- no matter how much the client wants to pay me to do so.  If someone is rude to my staff, I will decline the potential representation.  There are also a few attorneys with whom I prefer not to work, and I will often refuse to get involved in a case if they are involved on the other side.  I have found that it is simply not worth it to deal with certain attorneys’ shenanigans, but fortunately only a few people fall into that category.

Finally, I consider the effect that the potential case will have on my overall caseload.  For instance, I am often asked to handle a case in another part of the state.  I enjoy the opportunity to visit other areas of my state, but before I agree to accept such a case, I consider the amount of time that I will be required to be away from my office and my other cases.  When I am asked to get involved in a “high profile” case, such as one involving a politician or other local celebrity, I must consider the additional time that these cases require.

I am not claiming that these are the only ways to determine which cases to take, but I believe that these criteria work well for me.  I believe that letting potential clients know this information can benefit them in assessing whether I am the right attorney to handle their case.  I invite other attorneys to submit their client selection criteria and/or thoughts on these issues in the comments section below.

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Today's traditional thinking is that everything has to be bigger, better, more, and faster.  For example, consider fast food restaurants.  They offer jumbo size meals, and serve billions and billions, but is that what consumers really need?  For instance, have you ever heard anyone bragging about the wonderful dining experience that he/she had at the "burger palace" last night?  In fact, when is the last time that anyone has eaten at one of these places and not felt at least a little queasy later?

While the bigger/more concepts might seem like a good idea in some settings, the same principles should not be applied to professional service providers.  Some lawyers handle a high volume of cases, and many good lawyers lose their passion for their work as a result.  I did not want to find myself in that position, so just over two years ago, I made a decision to change the way that I practice law.  I decided to handle a lower volume of cases so that I could provide better service to my clients.  I was providing "good" service at that time, but I wanted to provide "great" service.  Why?  Because that's what I would want if I were the client and because that's what I believe clients deserve.

Some clients complain that they can never get in touch with their attorney.  Instead, they are forced to rely on the paralegal or secretary as their primary (and sometimes only) contact at the law firm.   While that might be alright in some situations, such as asking if a document has been received, etc., I believe that it should not be the regular course of business for more important issues in a case.  While having an excellent staff is important, the client has hired the attorney to handle the case, and not the attorney's staff.

Before I implemented these changes, my active case load was around 150 cases, and I estimate that it was roughly 60% family law cases, 25% personal injury cases, and 15% other cases.  Now, I only handle 50 to 75 cases at any given time, with over 85% of them being family law cases.  The lower case volume allows me more time to think about all of the various aspects of each case and to give each on the time that it deserves to make sure that it is handled the right way.

If you are a client or potential client, consider these factors and ask the attorneys you interview how many active cases they currently have, and then decide how comfortable you will feel being one of that number.   If you are an attorney, give some thought to reducing your number of active cases so that you can provide better service to your clients.  Don't they deserve it?

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Following up my posts (here, here, and here)over the past several weeks about using fixed fees instead of charging by the hour, I learned that a Boston firm has banned the billable hour.  In fact, the Shepherd Law Group has gone so far as to tell its clients that if they insist on having attorneys who bill by the hour for their time, they should retain another law firm!

The firm's founding partner, Jay Shepherd, says "Hourly billing is wrong, and it's anti-client.  There's a disincentive to be efficient since you get paid more if you take longer to finish a matter—even though the client wants it to be finished as fast and efficiently as possible."  I agree with Mr. Shepherd, and I made many of those same points in my prior posts on this subject.

On his blog, Gruntled Employees, Mr. Shepherd proudly stated that "during 2007, Shepherd Law Group has billed exactly 0.0 hours."   His post references several other articles that discuss the problems with the hourly billing model, and it is well worth a read.  Also, the Boston Globe published an article last week which takes a close look at this same issue.

Source:  "Boston Law Firm Bans Billable Hour" by Martha Neil, published in the ABA Journal Weekly Newsletter.

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My two articles published last week (here and here) on the subject of using fixed fees in family law cases have created a bit of a buzz.  Some bloggers, like Grant Griffiths of the Kansas Family Law Blog, agree with me.  Mr. Griffiths writes that he has been using fixed fees in his family court practice for over three years, and he agrees with me that this method benefits both his clients and himself.

However, others, such as Daniel Clement of the New York Divorce Report disagree and still advocate the "hourly" billing model for his family law cases.  Mr. Clements questions whether fixed fees are appropriate in anything other than "simple" cases, i.e. those that are limited in scope, and he believes fixed fees to be inappropriate in more involved cases.  He focuses his concern on the possibility that parties in family law cases might take "irrational and economically untenable positions fueled by emotions."

I probably had the same type of concern before I began handling cases in this manner.  However, after using this method for a few years, I can say from experience that it is unfounded.  Among other things, I use the following two methods to help prevent this from being a problem in my practice:

1. I am very, very selective in choosing which clients I agree to represent.  I estimate that I reject approximately one-half of the potential cases that I could accept.  I only agree to represent those clients that meet the following criteria:  (a) the client's goals in the case are reasonable; (b) the client is willing to help my office work on his/her case; and (c) the client is someone that I truly want to help.  There are other more subtle criteria that I subconsciously apply, and I will admit that a lot of it is done by "gut feeling".  However, after doing this for so long and handling so many cases, my gut feeling is right the vast majority of the time.
   
2. In most family law matters, I usually break the case down into different phases, at which portions of the fixed fee will be due and payable.  This can be done in different manners, such as by time or by status of the case, but the point is that if a case gets resolved during any particular phase, there are no additional attorney's fees due.  This scenario gives the client incentive to help resolve the case sooner rather than later if a reasonable resolution is possible, but at the same time, the client is protected and knows his total cost if it is not.  Having all of this information available to the client up front helps him/her better assess any settlement offers and the case in general as it progresses.

Mr. Clement's post made me wonder about his thoughts on these questions:

1. How does he handle "unreasonable" clients that he is representing on an "hourly" basis?  I believe that the problem he references is more with the clients themselves than with the manner of charging for the attorney's time.  Back when I did charge by the hour for my time, I would typically withdraw from the representation if my client was acting unreasonably.  I still have that same option available to me now while using a fixed fee, but it is very rare that I have to exercise that option because of my stringent client selection criteria as discussed above.  Either way, I do not want to represent unreasonable clients, period.
   
2. Does he agree with the harsh opinion expressed by Robert Hirshon, former president of the American Bar Association, that “[t]he billable hour is fundamentally about quantity over quality, repetition over creativity”?  I believe that clients don’t care how long it takes you to produce those results – they only care about the results themselves.  I believe that the hourly rate can encourage (or at least reward) inefficiency on the attorney's part, because the longer it takes to do something, the greater the fee charged to the client.  Also, if I were the client, I know that I would feel uncomfortable in effect writing the "hourly basis" lawyer a blank check and hoping that he/she keeps the fees as low as possible.
   

I challenge Mr. Clement to handle just one case on a fixed fee basis and to then post his thoughts about doing so.  I am confident that should he do so, he will quickly see why I am such an advocate of this method.  I handled cases on an hourly basis for over a decade, and I can say without hesitation that the fixed fee basis is vastly superior for both attorneys and their clients.  I invite others to let me know their opinions on this topic by posting their comments.

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Why is it that most family law attorneys handle cases on an hourly basis?  Did they consider and evaluate the many different billing options that are available and then conclude that this was the best one?  I doubt it.  I believe that the reason that attorneys use that archaic method is simply because that was the way they were taught or the way it has always been done at their firms.

When presented with the possibility of handling cases on a fixed fee basis, most attorneys say that domestic cases are too unpredictable to enable them to establish a fee with any confidence.  However, I believe that is a cop out answer.  The fact is that insurance actuaries establish premiums for things such as floods, earthquakes, hurricanes, and even death – all of which are certainly more difficult to predict than Family Court cases.  If they can do it with some level of precision, why can’t attorneys?  The answer is that we can and we should.

Attorneys benefit in the following ways from handling family law cases on a fixed fee basis:

• No longer having to track every minute of every day will mean that the attorney is no longer a slave to the billable hour.  For most attorneys, tracking time is a stressful, cumbersome, and tedious process.  It is inconvenient and counterproductive to have to continuously stop working on clients' cases to record what time was spent on each one, and then to track and review the recorded time at the end of each day or week.
• The attorney will gain several extra hours per week that used to be spent recording time, and this newly found time can be spent working on clients’ files, spending time with family, or relaxing – all of which are better than chasing the tail of the billable hour.
• Even more time will be saved by not having to send out as many bills per month, record and process the payments, and deal with the trust accounting issues that are involved with retainers.
• There should be no disputes with clients over the amount of a bill and/or no questions to be answered about the amount of time that was spent on a given activity, because the amount charged for the services was negotiated and agreed upon before the representation began.
• Handling cases in this manner gives the attorney the ability to decide up front if he/she wishes to represent someone for a reduced fee, such as military personnel, teachers, or other public servants.
• There are other benefits to the attorney, such as the additional leverage gained when establishing fees in this manner and the ability to deposit these fees directly into the attorney's operating account if the fee agreement is drafted properly.

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The American Bar Association released a report just over five years ago that was very critical of the “standard” way that many (if not most) attorneys charge their clients for their services.  Its conclusion was that “[t]he billable hour is fundamentally about quantity over quality, repetition over creativity.”  To me, that doesn't sound like it contributes at all to what should be the attorney's ultimate goal -- providing clients with the best possible service.

Approximately two years ago, I began handling all family law cases on a fixed fee basis instead of charging by the hour as I had done for many years.  When a client hires an attorney on an hourly basis, that client is basically writing the attorney a blank check and crossing his/her fingers hoping that the total fees are what he/she anticipated.  I know that if I was the client, I would definitely prefer the certainty of knowing the total cost instead of hoping for the best.

Specifically, I believe that clients receive the following benefits from hiring attorneys for a fixed fee:

• Clients know the total cost up front, which enables them to determine prior to retaining the attorney whether or not they can afford his/her services and to budget for the attorney's fees and costs. 
  
• Clients have another basis upon which to compare attorneys, both in the manner they charge for their services (fixed fee vs. hourly) as well as the amount charged ($X vs. $Y).
  
• Clients never end up in fee disputes with their attorneys, because all fees were negotiated and agreed upon before the representation began.
• This method encourages open communication from the client to the attorney.  In hourly billing situations, clients sometimes hesitate to provide information to the attorney because they know that they will incur fees and costs for doing so.
• Clients have a higher level of trust with their lawyers, which results in a better working relationship, which frequently yields better outcomes in the clients' cases.

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Approximately two years ago and after much thought, I decided to stop handling family law cases on ah "hourly" basis and to instead handle them on a fixed fee basis.  It was probably the best thing I've ever done for my practice.  My clients love the many benefits of this fee method, such as the certainty of knowing the total cost of their case before it begins, and my quality of life has improved because I do not have to track every minute of every work day.  I am not the only proponent of fixed fee billing in domestic cases, as you can see from the following article published at the Pennsylvania Family Law Blog:
 
It has long been my belief that the billable hour system, by which many attorneys charge their clients and earn their livings ( and as I do, too for some matters, by way of disclosure) creates an inherent tension between the attorney’s interests and those of the client. If the attorney is being paid by the hour, doesn’t he or she benefit from taking as much time as possible, or at least as much as the client will be willing to pay for, in completing a task? Of what possible benefit is this to the client? This is a primary reason that I have started to use alternative fee arrangements, such as flat fees, staged fees and success based fess and the like, for more matters, with the goal ultimately of using such arrangements in all cases. It is my view that legal fees, like fees for any other service, should be based on value added. Even some in biglaw are now seeing the light. In an article in the August 2007 issue of the ABA Journal, best selling author and Chicago litigator Scott Turow fairly well lays bare the flaws in the billable hour system. Whether Turow’s large law firm colleagues follow his lead or not, however, I intend to continue to pursue a full transition to alternative fees. My clients deserve nothing less.

Source:  "Burying the Billable Hour" by Mark E. Jakubik, published at his Pennsylvania Family Law Blog,

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I have previously posted thoughts about what makes someone the perfect client.  The article below gives another view on this topic from The Oregon Divorce Blog:

What a lawyer thinks of as a “perfect client” in the domestic relations sense is a client who helps the process of the dissolution, custody, or support matter along. We know how hard this process is to be going through, but it can be a much more difficult process the longer it drags on — and a much more expensive one for you. (Although we like getting paid as much as anyone else, we believe we should be problem-solvers, not problem-creators.)

Good attorneys will always treat their clients — all of their clients — with the same professionalism and respect they treat any other client. However, by helping us help you, you can make the process smoother, lower your costs, and get a better result! Here are some things you can do to help your attorney in your domestic relations case, to make things run more smoothly.

• Tell us everything — the good, the bad, the ugly. We want to know the nastiest things the other side might throw at us, true or not. If you have hidden sources of income, a stake in Anna Nicole Smith’s love nest in the Bahamas, or a rare coin collection, we need to know and plan accordingly.
• Provide us with your tax, banking, investment, insurance, titles to cars and whatnot, and any other requested information quickly in the process (if you can bring this stuff to your first meeting, we might very well cry with joy). If you’re not in a place where you can get the information, sign a release that allows the attorney to request the information on your behalf.
• Keep in contact with us. We’ll provide you with frequent updates, but there are times when we need to get in contact with you quickly, too.
• Similarly, let us know the best way to contact you. If you’re one of those people who hates checking her voicemail but lives on her computer (wait, that would be me when I’m at home), let us know your email address and if that’s a better way to stay in touch.
• Understand that a contested divorce may take a while, even if it ultimately settles. We want closure for you as soon as we can get it, too, but not at the expense of a good settlement for you.
• If your case involves child custody, parenting time, or support, sign up and follow through with the mandatory education classes as soon as you can.
• Remember that your attorney is there to give you expert advice and recommendations, but isn’t going to be able to make the final decision about whether or not you should take a settlement. He can and will tell you if it’s a good idea or a bad idea, and what the benefits and pitfalls of an offer might entail, but the ultimate decision is going to be yours.
• Also, if you don’t like the way negotiations may be headed, if you change your mind about the way the case is going, or if you’re just generally unhappy about something, please say so. We’d much rather know about it (and fix it) than to find out much, much later that you’d been unhappy for a very long time.

Advice aside, we know that this may be the, or one of the most difficult times of your life. We treat all of our clients as we would hope to be treated under the same circumstances: with diligence to their case, courtesy, the utmost respect, and the highest level of customer service possible.

Source:  "The Perfect Client" by C. Sean Stephens, published at The Oregon Divorce Blog.

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Too many people don't know what to look for when they are considering which divorce lawyer to hire.  Most people who are interviewing family law attorneys are in a very stressful situation, typically one that they have not been in before.  Making an important decision during a particularly stressful time can be a recipe for disaster.

DivorceZone published an article that can be helpful to people facing this situation.  This article points out that not all lawyers are created equal, and I would add that not every lawyer is "right" for every case.  It is more important in family law cases than other cases that the attorney and the client have a good, working relationship and understand each other.  This article lists the following important points to consider when hiring a divorce lawyer:

• Specialization. The reality is that the law is extremely complicated and no lawyer, not even a so-called “general practitioner” can really master more than one or two main areas of law. Divorce law itself grows more and more complicated each year. You should choose a lawyer who practices primarily or exclusively in the area of divorce and family law.
• Knowledge. Given the high hourly rate you’ll be paying your divorce lawyer, you don’t want to have to pay to give your lawyer a legal education. You want a lawyer with substantial knowledge in divorce and family law issues, who already knows the law and how it applies to your situation.
• Experience. There are a lot of complexities to divorce law that you can’t simply learn from a book. For instance, often being able to determine the correct range of alimony that’s appropriate in your case is simply the result of seeing many cases with similar facts. While every divorce case has its unique twists, you will come out ahead if your lawyer has substantial experience.
• Good Communication. The biggest beef clients have with divorce lawyers is that their lawyer does not return their telephone calls, emails or other communications promptly. You should find out what a prospective divorce lawyer’s office policy on this. Also, see how long it takes for your prospective lawyer to return your initial call – this will give you a good idea as to the level of service you can expect.
• Local Knowledge. Part of the job of a divorce lawyer is to know the attitudes of the local judges and how best to tailor your case for them. As well, even if you never set foot inside a courtroom, it is helpful if the lawyer has experience dealing with your spouse’s divorce lawyer.
• Time. Does the divorce lawyer limit his practice to just a few select cases so that he can concentrate on his clients and give them good service, or do they take all clients who walk through their doors? The reality is that the amount of work to resolve successfully the issues arising from a divorce can be quite substantial, and your lawyer will need the time to deal with this.
• Fit. It’s important that you and your divorce lawyer get along well. This doesn’t mean that you have to be good buddies with your divorce lawyer and want to invite them to dinner. However, you’ll be going through some of the most difficult experiences in your life with this person. You’ll be revealing some of the most intimate details of your personal and financial situation to this person. Your relationship with this person will last quite a long time. So, it’s important that you’re comfortable with your divorce lawyer.
• Compassion. It’s important that your divorce lawyer be understanding of what you’re going through. Are you just a file number, or does your lawyer really care who you are and what you want?
• Independent. Ultimately, your divorce lawyer’s job is to fight for you and your rights. However, many lawyers have political ambitions or care more about getting along with other lawyers than giving zealous representation. You want an independent lawyer so that your needs are not sacrificed so that your lawyer can avoid irritating a colleague.
• Plan of Action. Is your divorce lawyer able to articulate a plan of action that they are going to take to resolve your case? If not, you will find that your case just seems to amble in no particular direction, raising your legal fees without accomplishing much.

Source:  "How to Hire the Right Divorce Lawyer" published at the DivorceZone Divorce and Family Law Blog.

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A mother who lost custody of her three children in a divorce has argued to the Washington Supreme Court that she should have had an attorney appointed to represent her.  The woman, who only has a ninth-grade education, attempted to get pro bono representation, but she was declined because of the complexity of her case.  As a result, she ended up representing herself, while her husband had an attorney.

Her appeal focuses on the open courts provision of the Washington state constitution includes an open courts provision, which says that justice in all cases should be administered openly, and justice shouldn’t be delayed.  The argument being made by the mother's appellate attorney is that "access" in this instance means "meaningful access," which requires a lawyer.

You can read much more about this novel theory in the article referenced below.  You can also follow this case, King v. King, No. 57831-6-1, at the Washington Supreme Court's website.

Source:  "Mom Wants State to Pay in Custody Battle" by Stephanie Francis Ward, published in the ABA Journal eReport.

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As I have discussed previously on this blog (here, here, and here), one of the most important choices that someone facing a family law issue can make is the choice of an attorney.  Choosing the right attorney can increase your chances of reaching a successful outcome, while choosing the wrong attorney can lead to an expensive, difficult, and disappointing result. 

The following checklist of important factors in choosing an attorney to handle your divorce, custody, legitimation, or other domestic relations cases was written by the attorneys at Rockhill Pinnick, LLP, and published at DivorceNet.com:

I have found that when most people are looking for a lawyer to handle their divorce, custody modification, or other related family law issues, they often ask whether the other attorney is tough, a fighter, or will tell me that they heard that their wife's attorney is a shark (or worse).

Everyone wants a family law attorney who can handle the stress and strain of the courtroom appearance, and any lawyer can claim that he is tough, just like any politician can claim that he or she will represent you. Being tough almost goes without saying, and it is too easy to say.

Persons looking for a family law attorney should instead be aware of the following qualities. These are all things that a client can assess on his or her own relatively quickly, and should discover before it is too late.

1. Stays Calm.

Your attorney has to be able to stay calm and patient. Both sides in a divorce are usually far from calm, and the children, grandparents, and other people having to suffer the fallout from a divorce will be panicky as well. Your family lawyer should be able to deal with you in a calm, controlled manner. He should show patience with you and with the other side. Panicking rarely, if ever, solves a problem.

2. Is Willing to Say No…. Even to You.

A good attorney is candid about your chances in obtaining an outcome on a particular issue. That attorney should also tell you if you are doing something wrong, or if you are wasting your time. Simply because a client wants something does not mean that it is the best thing for a client, or that it is the right thing to do. 

While some clients get upset when they find out that their attorney will not do everything that they are told, this is just the type of attorney that you should be seeking. Otherwise, your attorney will quickly get a reputation of asking for frivolous things or taking positions on issues that he knows the court will not adopt. That makes it tougher for that attorney to be successful on truly close issues. Also, you are paying good money for that attorney, and you deserve the best advice, not just what you want to hear.

3. Uses Technology.

Property division, pension allocation, child support issues, and many other matters relating to divorce and custody rely on software programs to make efficient, intelligent decisions. If your attorney is not up-to-date on these issues, and is still using pencil and paper to formulate a property division, he is behind the times. He should also be able to communicate with you by email, and discuss the opportunities and advantages of electronic communication when parents and children are living apart. If your attorney has not kept up-to-date on technical issues, it is unlikely that he has kept up-to-date on legal issues either.

4. Knows the Playing Field.

Your attorney will not be able to predict the future. He will not always know how a particular issue will be decided. He should have enough experience with the judge, with the law, and with the other lawyer to intelligently analyze the probabilities.

If you are asking your attorney to travel to another county or jurisdiction, he should discuss with you what he knows, and doesn’t know, about the judges and lawyers in that area.

5. Puts Your Children First.

The client’s children need to be the number one priority for both the client and the attorney. No one should abuse, misuse, or manipulate the children in a divorce case. It is really that simple.

6. Keeps His Eyes on Important Issues.

I once had an opposing attorney send me a letter vilifying my client, and demanding that I take action to make sure that my client (who was living in the marital home and had the family’s personal computer) immediately email her client’s resume to her. Given the fact that the woman was less than 25 years of age, I would have thought that she could probably remember where she went to high school, and what jobs she had held. This attorney was simply not willing to tell her client that this was not an important issue in the greater scheme of things, and that she should probably save her money for more important issues. Likewise, a client once asked me to file a contempt action after a final hearing in a divorce action. When the personal property was divided by the court, the client was to get a 60-foot garden hose from the side of the garage; he was certain that the garden hose’s disappearance was an intentional act to irritate him. I explained to him that it would have to be one heck of a garden hose to justify filing a contempt action, and again suggested that he spend his money in a more important area. An attorney who gets distracted in court by pursuing arguments about whether a bicycle should be in the mother’s home or the father’s home will not be as effective in front of most trial judges in dealing with the more important issue of where the child should be.

7. Is Open to Questions.

Your attorney should answer your questions. If he cannot, he should tell you why not. If you do not think that you are getting a fair answer to your question, then write him a letter or send an email. Frequently attorneys think that they have answered questions, but the client is still confused. Do yourself a favor and the attorney a favor and be sure to ask again. If you cannot receive an answer after that, then that attorney may not be for you. (Caveat: remember, your attorney cannot predict the future. If he could, he would be betting on football games in Las Vegas, not meeting with you at 4:30 p.m. on a Friday afternoon when the sun is shining, the fish are biting, and the beer is cold).

8. Makes a Good Presentation to You.

Remember, as a potential client, you are a potential boss. If an attorney does not behave, dress, and talk in a manner that provides good presentation to you, what makes you think he will do any better to a judge?

9. Is Trustworthy.

In the popular media, sometimes people think the best lawyer is the one who is the sneakiest, or plays the closest to the edge of ethical, moral, or legal behavior. Resist the temptation to hire an attorney who acts like that. Judges will not let attorneys get away with that behavior for very long; opposing counsel will be much more difficult to work with (meaning you will be spending a lot more money); and ultimately you will have a more contentious divorce, with nothing to be gained to compensate you for the increased bitterness and expense.

10. Solves Problems.

If the attorney you are interviewing for hire simply talks in terms of winning and losing, get up and leave. By definition, every person going through a divorce suffers some loss, and certainly children are losers no matter what the outcome. What you want is an attorney who works to identify the problems and solve the problems. Solutions to these problems may come by counseling, a word of wise advice to you, patience, mediation, or possible trial in front of a judge. No options should be foreclosed. Five years after the divorce, you will not be able to remember who “won” or “lost,” but you will remember whether the divorce was too expensive, whether your financial settlement or division was extremely unbalanced, and how your children either suffered or survived after resolution of your case. An attorney who does not work to solve problems before going to court will not be a good family law attorney. "

Source:  "Ten Things To Look For In A Family Lawyer" by Rockhill Pinnick, LLP, published at DivorceNet.com.  Thanks also to Stephen M. Worrall for his post on this subject at his Georgia Family Law Blog.

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In several cities throughout South Carolina (including Spartanburg), an outfit called “A Divorce Fast” is advertising legal services in the attorney listings in the Yellow Pages.  Apparently, this company provides draft legal forms to the public for a fee, but it is not affiliated with any law firm and employs no lawyers.  The worst part is that the Clerks of Court do not accept those documents as a valid filing, which means that consumers are being bilked out of their money with nothing to show for it.

The South Carolina Bar is supporting pending legislation (H. 3274) which would, among other things, make the unauthorized practice of law a civil cause of action.  I understand that this bill is scheduled to be in front of the House full Judiciary Committee tomorrow, but that it is meeting  with some resistance by the realtor and banking communities.  One would hope that our legislature would take this important step to assist the Bar in helping to protect consumers in South Carolina from unscrupulous companies such as “A Divorce Fast."

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There is a growing trend of attorneys and law firms "branding" themselves by representing only mothers or fathers in family law cases.  The Wall Street Journal published an article last week on this subject, with particular attention to firms that are catering to men.  Some of these firms market themselves as "A Partner Men Can Count On" or the "Divorced Guys' Guys."

My question is whether this approach truly benefits the client?  I believe that by limiting oneself to only representing one gender, attorneys lose the ability to analyze cases from different points of view.  In fact, whenever I handle a contested case, I spend a great deal of time looking at my client's case from the opposing party's perspective to analyze its strengths and weaknesses.  One of the things that enables me to do this effectively is because I represent both men and women.

Randy Kessler, a noted family lawyer in Atlanta, Georgia, believes that firms who only represent one gender can make judges skeptical of their arguments: "It is much better to have a reputation for representing each client based on the facts of their case, regardless of their gender."  I agree with Mr. Kessler's assessment.

Source:  "Law Firms Pitch Themselves As the Divorced Guy's Guys" by Ann Carrns, published in the Wall Street Journal. Thanks to Diana L. Skaggs for her post on this subject at her Divorce Law Journal.

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Once you have met with the attorney, explained your case and had your questions answered, there are some questions you should ask yourself:

• Will I feel comfortable working closely with this person?
• Do I feel confident in the lawyer’s experience and skill to handle my case?
• Do I understand the lawyer’s explanation of what my case involves?
• Do I understand the proposed fee agreement?

If you feel comfortable with the attorney and confident that his experience is adequate for your case, you have probably found a good match. Asking and answering the above questions will go a long way in determining if this is the right attorney for you.

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Michael Sherman of the Alabama Family Law Blog has begun a series of posts on the steps to take when it becomes apparent that a divorce may be imminent.  His series takes an honest, practical approach in showing people how to protect their interests and make prudent preparations in such a situation.  Here is Step 1:  Find a Wise Guide:

An experienced divorce lawyer I know is fond of telling his clients that you don't need a lawyer to get a divorce, but you need them for the consequences of your divorce. He is right. You can likely get a divorce by finding some forms on the internet or hiring a lawyer that advertises for cheap uncontested divorces. If you have no children, a marriage of only a year or two in duration, no assets or debts have been accumulated during the marriage, and you and your spouse agree on everything, then you probably don't need a divorce specialist.

Look for a lawyer that has at least 5-10 years experience practicing primarily divorce and family law. Find out the lawyer's philosophy regarding litigating cases versus settling them. My personal opinion is that you should want a lawyer who makes it a priority to attempt to acheive a fair settlement for you, but who is capable and willing to litigate the case before a judge.

Source:  "Step 1: Find a Wise Guide" by Michael Sherman, published at his Alabama Family Law Blog.

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Once you explain the facts and background for your case along with any relevant information, it will be your turn to ask questions of the lawyer to determine if he is the right one for you. Some of the questions you might consider asking the attorney are:

• How long has the lawyer been in practice?
• How much experience does the lawyer have in your type of case?
• How does the lawyer believe the case should be handled?
• What is the lawyer’s anticipated time frame for its completion?
• How will you be expected to participate in your case?
• How will you be kept informed about the status of your case?
• Will the lawyer provide a fee agreement that details fees, expenses, billing, and payment?

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Choosing the right attorney can be crucial to the outcome of your case. There are certain things you should know in order to help you with the sometimes difficult process of choosing the right attorney. Not only will this save you time (and maybe money) when meeting with your attorney for the first time, but it will also help you to become more knowledgeable about the issues you may want to consider during the critical process of hiring an attorney.

It is always a good idea to meet face to face with an attorney to get a feel for how comfortable you feel working with him. Because of the types of personal issues that arise, it is particularly important that you feel very comfortable with who represents you in Family Court. You should also be prepared for the possibility of rejection. The attorney-client relationship is a two way street, and the better attorneys do not accept every case that comes into their offices.

Before meeting with an attorneys, you should try to make notes pertaining to your case and also to bring all of the related documents with you to your first meeting. These documents may include Orders from previous cases, pleadings in your present case, witness statements, or reports from medical providers, private investigators, or law enforcement. Being able to present the facts of your case in a clear and organized fashion will greatly assist us in analyzing your situation and will result in you receiving better, more specific advice.

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Parties involved in Family Court cases face some of the toughest issues that people must deal with in their lives. Divorce and separation cases involve the loss of a partnership and the end of a relationship that was once close and filled with love. Custody and visitation cases affect the amount of time that a parent spends with the most precious thing in his or her life. Other cases involve financial issues which can determine whether a party has enough money on which to survive in the short and/or long term.

When faced with these important issues, most people want to seek the advice and assistance of an experienced, competent attorney.  Ideally, you want to find an attorney who is not only trained in and very knowledgeable of the law, but who also has experience in preparing documents, courtroom procedure, settlement negotiation, and other aspects of Family Court cases.  Hiring an attorney will help things to run more smoothly in your case and will increase the likelihood of your receiving a favorable result in your case.

Although it is possible to represent yourself in Family Court, it is not advisable in the vast majority of cases. Should you choose to represent yourself, the Court will not be able to assist you with your case in any manner. You will be held to the same requirements of the other party’s attorney with regard to the law, procedure, and all other issues. Should you mishandle your own case due to lack of knowledge or lack of skill, it is unlikely that an attorney will later be able to undo your mistakes.

Typically during your first meeting with an attorney, he will be able to assess your case and advise you of your rights and options in light of the specific facts of your case.  Considering the types of issues addressed in Family Court cases, you must be comfortable sharing with your attorney information that may be personal or otherwise confidential.  Certainly, doing so may be uncomfortable for you, but these types of details can make a big difference in your case.  Your lawyer must be aware of everything that might pertain to your case, so it is important that you be comfortable in sharing these details with another person.

Though many people may balk at the cost of hiring an attorney, the fees charged are usually worth the experience and professionalism that an attorney can bring to the courtroom. There are certain areas of the law in which an experienced, aggressive attorney is highly recommended in order for you to have a fair trial or to negotiate the settlement that you deserve.  If you had to ask yourself whether you need an attorney -- you probably do and you'll be glad later that you did.

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In Family Court cases, it is not uncommon for people to make remarks to intimidate, upset, and/or cause stress for each other. Because of the close relationships the parties previously had with each other, they usually know just which remarks to make to cause the maximum response on the intended victim.

Since these types of comments unfortunately are made all too often, our firm strives to make our clients and potential clients aware of them to help minimize their impact. We urge our clients to refrain from making these types of remarks, as they only create more stress for them, more work for us, and more expense in their cases.

These typical remarks can include some or all of the following:

• “I am going to drag this case out forever. By the time you get your share of the property, you'll be too old to enjoy it.”
• “If you persist in your financial demands, I am going to file a custody action and take the children away from you.”
• “I’ve got the best lawyer in town. He’s going to crush you and your lawyer.”
• “My lawyer is mean. He’s going to make your life miserable.”
• “Your lawyer is a crook. His only interest is to drag out the case in order to make more money.”
• “You've gotten yourself the most expensive lawyer around. The two lawyers are going to eat up all of the assets that we acquired during the marriage.”
• “My lawyer knows all of the judges. There’s no way that you are going to get a decent result in Court.”
• “I was ready to give you a fair settlement. Now that you got a lawyer, I am going to play hard ball and you're going to end up with much less than I was willing to give you.”
• “I’m going to take the children and you will never see them again.”
• “You’re crazy for pushing this divorce case. All that you are doing is taking money away from the children.”
• “If you don’t settle on a reasonable basis, I will have to take the children out of school.”
• “I’m going to tell the children that you are responsible for this mess.”
• “At the rate you and your lawyer are going, I’ll have to declare bankruptcy and nobody is going to win.”
• “If you don't settle on my terms, I’m going to drag your girlfriend (or boyfriend) into this case.”
• “Your lawyer is too busy to handle this case.”
• “You can’t trust lawyers. They always work with the lawyer on the other side and run up unnecessary time to make more money.”

Hopefully, the opposing party in your case isn’t the type who makes such outrageous statements. On the other hand, you could be on the receiving end of such remarks or of variations on these themes. Fortunately, there is rarely is any basis for such comments, and they are usually made to provoke a desired response.

We want to assure our clients and potential clients that with regard to these types of comments, our firm’s position is the following:

1. Our attorneys and office staff are experienced in Family Court cases, and you can be assured that we are not going to be intimidated by any such statements made by the opposing party in your case.
2. If you have any concerns about any statements the opposing party makes, please discuss them with us.
3. We work for you. Our job is to work on your behalf and to take reasonable and necessary steps to help you obtain your desired results in your case.
4. Finally, we take pride in our adherence to the strictest of ethical standards. You can always count on our integrity and good faith in representing you.

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One of the issues that family law attorneys discuss and debate is whether or not to charge potential clients for initial consultations.  This is a subject that my partner and I have wrestled with on and off over the years and that we continue to struggle with today.  Attorney Christopher Pearsall from Rhode Island recently discussed this issue at his blog, as follows:

If you’ve ever needed a Rhode Island attorney, you have probably searched for one who offers a free consultation. This week I reluctantly discontinued offering a free consultation as a Rhode Island lawyer for practical reasons.

Everyone wants a bargain and it’s great to get things for free, yet time is what we as attorneys get paid for . . . time and expertise in the law. Unfortunately, costs keep running even during free consultations.

I can’t begin to tell you how many hours I have spent and how much free advice I have given only to have to pay for the expenses of heat, light and rent for that very same time. In the end, it all comes down to numbers. Bills need to be paid and food needs to be put on the table.

Ultimately any good business person who has an ounce of common sense would take the steps necessary to eliminate counterproductive aspects in their business and increase productivity. If this means eliminating my ability to offer a free consultation as a Rhode Island lawyer in order to maximize my law practice, then it is certainly in the best interests of all my clients to do so.

Have I had a few people who have turned away the consultation because of the nominal fee I charge? Absolutely! Some people won’t do anything if it’s not free. Yet here is the fantastic thing I learned about my choice to discontinue the free consultation. I eliminate my wasted time. I weed out the tire kickers who simply want my legal advice for free . . . And best of all. . . I maximize my time in such a way that I can keep my rates as low as possible for my clients.

Ultimately my elimination of the free consulation as part of my Rhode Island law practice has benefited all those who choose to use my services.

Do I regret that people do not see the true value they get from a consultation of $50? Not at all. Anyone who has done their homework will know the value of an experienced attorney. I could charge $200 an hour for my services and still might be undervaluing what I do for my clients. Yet if you were to get 30 mins. of quality legal advice from me for only $50 so that I could cover my bare costs, who has reaped the biggest reward . . . . you or me?

In the end, I still think it’s me. You’ve helped me cover my costs. You’ve trusted me with advice on an important issue in your life.  You’ve allowed me to help you and that’s precisely why I’m here. Do you have a legal issue or question that is weighing on your mind?  Do you need some legal guidance but you don’t want to drain your bank account?  I’m here to help.

As you can see, this is a very complex issue, with good points on both sides.  I am very interested in hearing your thoughts on this subject, whether you are an attorney or a layperson, and I invite my readers to submit thei comments to this article.  Thanks in advance.

Source:  "The Disappearance of the Free Consultation!" by Christopher Pearsall, published at his Providence Rhode Island Legal Solutions blog.

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If you are interested in what it's like to be a divorce attorney, you should read the article published yesterday in the Asbury Park Press, which profiled Ron Rosen, who practices in West Long Branch, New Jersey.  Of course, every attorney is different, but the following quotes from Mr. Rosen are insightful and apply to most quality divorce lawyers:

• You have to wear a lot of different hats. You play legal adviser, financial adviser, psychologist, grandfather, parent, hand-holder and sometimes reality-checker.
• You're looking at some of the finest people in the county at their worst.
  
• Divorce is a very emotional thing to go through. It might be more psychologically taxing than death. When a parent or a spouse or a loved one dies, there is a finality. When you go through a divorce, that person is still around....
•  I give information to people who have no idea what to do, so he or she can get out of a bad marriage. There's a tremendous amount of myths....
• You have to have a good ability to speak to people. You have to take a lot of weight and responsibility on your shoulders, but you can't personalize everything.
  
• You have to be a little thick-skinned. People can turn on you at a moment's notice. If something goes wrong, and they can't yell at the judge or the spouse, it's your fault.
• It's a varied practice. You have to know math, psychology, history, pensions. You have to be able to read a psychological evaluation as easily as a forensic accountant's report.
• You have to be well-rounded, somewhat forceful and you have to be able to listen to people, so you can find out what the problem is.

Source:  "At Your Job: Divorce Lawyer" by Dennis P. Carmody, published in the Asbury Park Press.

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Andrew Flusche of LegalAndrew.com tagged me to participate in the "lawyers appreciate" countdown.  Here goes my contribution...

Lawyers appreciate and need the following three things to be successful:

1. Excellent Clients:  The best clients are the ones who cooperate with their attorney, have realistic expectations, and pay their bills in a timely manner.  If you've ever had a client without these characteristics, you will appreciate your "good" clients that much more.  If a client does not have at least two of these characteristics, ask yourself why they are your client.
   
2. Excellent Staff:  It is imperative to have an experienced and responsive staff who can complete tasks, respond to client concerns, and work well with others (both their attorney and their co-workers).  Your staff can make or break your practice, and when you find a good worker you shoud do what you can to hang onto him/her.