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

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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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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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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