Hiring an Attorney – 8 Important Factors
Hiring an Attorney – 8 Important Factors
You are in a stressful time of life without any assurances it’s going to let up. There is worry about the family, the grandparents, the kids and your next steps. Then you include the stress from bills, work and expectations from groups like PTA and church. Whether you face divorce, a civil law suit, aging parents or estate planning issues, when you visit with an attorney for the first time, what to expect and plan for shocks many people.
Now, when meeting with an attorney for the first time, put a plan in place and get an idea for what to expect or ask about. Furthermore, if you go in to meet with an attorney know who you are meeting with and what ask. Here are 8 factors to consider and discuss with the attorney:
The consultation –
Do they charge for a consultation?
How much?
How long is the consultation?
Does my payment for the consultation go towards the requested retainer amount if I hire you?
However, don’t expect a free consultation. I offer a half-hour free consultation; however ,many attorneys charge a rate for a consultation. Remember their business is information and time. You wouldn’t expect a free consultation from a doctor, so you shouldn’t expect one from an attorney.
Do they expertise match what you are looking for – Ask them whether:
Do you specialize in (area of law), or is (area of law) just a part of your practice?
How long have you been practicing law?
How many cases have you handled? (understand that a lawyer cannot give you percentage of wins as that implies his likelihood of winning your case and is illegal but they should be able to give you an idea)
Are you board certified? (A non-board certified attorney still hasa license to practice. This only means they have not applied for and/or met the requirements for board certification)
Will you be working on my case or someone else?
If someone else will be working on my case, may I meet them?
So, it is important to remember that you are hiring a professional with experience and credentials. Make sure the attorney you meet with meets your expectations.
Costs –
What is your hourly rate?
What increments of time do you charge (typically attorneys charge at 15, 10 or 6 minute increments)
What costs (other than your own) do you expect will be involved (for example, for private investigators, forensic accountants, physicians, and/or psychologists, experts, mediators, etc.)?
How will you charge or handle them?
How much of a retainer do you require?
What this means is the number one issue many clients have with attorneys is the costs of the case. Many cases can get expensive. Make sure you understand the costs before hiring. It makes for a much better relationship for both you and the attorney.
My Case-
Based on what you know about my case, how would you predict a judge would rule on it? Just like a new person you meet, when judge hears a case for the first time, there is no guarantee for what they will decide. However, the attorney should be able to provide you some information and be able to give you some idea of how the case will go unless they simply don’t know. If they don’t know, can they explain why?
The Pitch –
Go into the consultation with a 5-10 minute pitch explaining the case. Some attorneys will want to control the consultation by asking questions. Others will allow you to tell a story. Either way, you have questions of your own. Don’t take up your entire 30 minute consultation telling your story. Get it down to the main points and allow the attorney you meet with to ask important questions as needed.
Negotation & Limit Costs –
Do you want to keep costs down? Do you want to be able to discuss the case with the other side if they call you? If so, make sure you ask:
Do you allow me to negotiate directly with the other side or do you expect me to have all communication go through you?
You recommend a way to keep the cost of the lawsuit lower (limit phone calls, travel time to and from the courthouse, et cetera)
Are there tasks that I can do myself to cut down on the amount you will charge me?
This helps to set an understanding between the two of you regarding your expectations and their expectations with your case.
Transparency –
Some attorneys will share everything with you. Some attorneys will not. Sometimes clients want an attorney to only tell them about the important matters. Some clients want to know about everything, every step of the way. You need to know what your attorney intends to do and what you want. Make sure you ask.
Your Comfort –
The last one is incredibly important as well. Simply ask yourself whether you are comfortable with the attorney who will work on your case. Do you like his demeanor? Do you like the way he speaks to you? Do you feel like he is being fake? Does he seem reliable and trustworthy to you? You are placing an important matter in his hands. Its likely very personal. Make sure you feel comfortable and trust him because a big part of this relationship you have with the attorney is built on trust. I always tell clients it’s a bit like a dating relationship. If you don’t trust the person you’re dating, you break up with them. It should be the same with your attorney.
If you find yourself in a difficult situation and need to discuss your situation with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com.
You are in a stressful time of life without any assurances it’s going to let up. There is worry about the family, the grandparents, the kids and your next steps. Then you include the stress from bills, work and expectations from groups like PTA and church. Whether you face divorce, a civil law suit, aging parents or estate planning issues, when you visit with an attorney for the first time, what to expect and plan for shocks many people.
Now, when meeting with an attorney for the first time, put a plan in place and get an idea for what to expect or ask about. Furthermore, if you go in to meet with an attorney know who you are meeting with and what ask. Here are 8 factors to consider and discuss with the attorney:
The consultation –
Do they charge for a consultation?
How much?
How long is the consultation?
Does my payment for the consultation go towards the requested retainer amount if I hire you?
However, don’t expect a free consultation. I offer a half-hour free consultation; however ,many attorneys charge a rate for a consultation. Remember their business is information and time. You wouldn’t expect a free consultation from a doctor, so you shouldn’t expect one from an attorney.
Do they expertise match what you are looking for – Ask them whether:
Do you specialize in (area of law), or is (area of law) just a part of your practice?
How long have you been practicing law?
How many cases have you handled? (understand that a lawyer cannot give you percentage of wins as that implies his likelihood of winning your case and is illegal but they should be able to give you an idea)
Are you board certified? (A non-board certified attorney still hasa license to practice. This only means they have not applied for and/or met the requirements for board certification)
Will you be working on my case or someone else?
If someone else will be working on my case, may I meet them?
So, it is important to remember that you are hiring a professional with experience and credentials. Make sure the attorney you meet with meets your expectations.
Costs –
What is your hourly rate?
What increments of time do you charge (typically attorneys charge at 15, 10 or 6 minute increments)
What costs (other than your own) do you expect will be involved (for example, for private investigators, forensic accountants, physicians, and/or psychologists, experts, mediators, etc.)?
How will you charge or handle them?
How much of a retainer do you require?
What this means is the number one issue many clients have with attorneys is the costs of the case. Many cases can get expensive. Make sure you understand the costs before hiring. It makes for a much better relationship for both you and the attorney.
My Case-
Based on what you know about my case, how would you predict a judge would rule on it? Just like a new person you meet, when judge hears a case for the first time, there is no guarantee for what they will decide. However, the attorney should be able to provide you some information and be able to give you some idea of how the case will go unless they simply don’t know. If they don’t know, can they explain why?
The Pitch –
Go into the consultation with a 5-10 minute pitch explaining the case. Some attorneys will want to control the consultation by asking questions. Others will allow you to tell a story. Either way, you have questions of your own. Don’t take up your entire 30 minute consultation telling your story. Get it down to the main points and allow the attorney you meet with to ask important questions as needed.
Negotation & Limit Costs –
Do you want to keep costs down? Do you want to be able to discuss the case with the other side if they call you? If so, make sure you ask:
Do you allow me to negotiate directly with the other side or do you expect me to have all communication go through you?
You recommend a way to keep the cost of the lawsuit lower (limit phone calls, travel time to and from the courthouse, et cetera)
Are there tasks that I can do myself to cut down on the amount you will charge me?
This helps to set an understanding between the two of you regarding your expectations and their expectations with your case.
Transparency –
Some attorneys will share everything with you. Some attorneys will not. Sometimes clients want an attorney to only tell them about the important matters. Some clients want to know about everything, every step of the way. You need to know what your attorney intends to do and what you want. Make sure you ask.
Your Comfort –
The last one is incredibly important as well. Simply ask yourself whether you are comfortable with the attorney who will work on your case. Do you like his demeanor? Do you like the way he speaks to you? Do you feel like he is being fake? Does he seem reliable and trustworthy to you? You are placing an important matter in his hands. Its likely very personal. Make sure you feel comfortable and trust him because a big part of this relationship you have with the attorney is built on trust. I always tell clients it’s a bit like a dating relationship. If you don’t trust the person you’re dating, you break up with them. It should be the same with your attorney.
If you find yourself in a difficult situation and need to discuss your situation with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com.
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Often times when someone brings up collaborative divorce, people think it is: Expensive; Only when people get along; and Takes too long. However, all 3 of these facts are untrue with quite a few people finding the process incredibly beneficial. Depending on expectations, goals, experts hired, lawyers hired, and development of overall gameplan for the process, collaborative divorce can be: Efficient; Resolution focused; and Cost effective. Why Collaborative? There can be many reasons to consider collaborative divorce, but the most important one should be whether you want to better situate yourself to co-parent with your spouse on child related issues or make a creative solution to dividing up property or a property division that better fits your needs. All cases, whether involving litigation or otherwise, require the spouses to make multiple attempts to settle disputes prior to a judge hearing the case. Collaborative divorce allows you to focus your energy on settling the dispute. In addition, couples who go through collaborative divorce have a significantly lower likelihood of returning to court for modifications than those who engage in traditional litigation. Collaborative divorce (or custody) cases, divide up the work. Instead of an attorney handling clients, developing custody or possession schedules, figuring out solutions for child support, developing a division of property and debts, and any other related issues which need resolution, such as home ownership post-divorce versus selling the house, a small team of neutral professionals and attorneys come together to focus on the issues and workout solutions so the husband, wife, and possibly children, move forward and reach agreements which benefit them. Overview of the Process Collaborative divorce (or custody) starts with each side agreeing to the collaborative process, meeting with their attorney, selecting neutral professionals to assist in the process, and then signing a participation agreement. Once those first steps get completed, meetings get scheduled which focus on the issues in your case. There are typically (but not always) 2-3 neutral professions. A neutral health professional helps manage the meeting, develop a parenting plan with conservatorship and possession schedule which fits the needs and situation of the parties. A neutral financial professional gathers the information regarding financial accounts, vehicles, property, various accounts, and any debts. Then they create a property division. Possibly a child specialist joins the group to help with any ongoing issues which need addressing regarding the children as well. They meet with the children and assist with any counseling needs. For couples who are in the right mindset, this process can be completed with only 4 joint meetings, which any attorney would tell you costs less than your average litigation matter. Joint meetings require everyone to be present to discuss and work through specific disputed issues set on an agenda. Your first meeting generally focuses on goals, interests, concerns, and planning. A meeting can focus on the children, then the next on financial split, and then one final one to review and go over the final order. Making the whole process very efficient and cost effective. Cost Although each attorney and their team is different, the main financial benefit comes down to a division of labor. In a standard litigation case, an attorney (and their team) handle all aspects of your case and may bring in their own professional to assist with property and debt characteristics of your case. In a collaborative divorce, the attorney handles less and the neutral professionals manage each of their obligations thereby splitting up the work versus having one attorney handling all of it. Difficult Issues Can a collaborative divorce deal with issues such as alcoholism or drug abuse? Yes. Can a collaborative divorce work when there is significant conflict between the spouses or one of them is a narcissist? Yes. Will it require additional work and possibly outside sources? Yes. Final Thoughts The biggest benefit when considering collaborative divorce is the end result. Usually, people find they reached better results, have a better working relationship with their spouse, worked through the hard and difficult issues, and come out the other end better than anticipated. In addition, the process helps develop effective communication, address issues a judge can’t always address, and provides a meaningful resolution to the divorce or custody case. Educating yourself on how collaborative divorce works is essential for anyone going through a divorce or separation. Knowing the difference collaborative divorce and litigation, benefits you achieve, and your legal rights can help you make informed and well planned out decisions. If you find yourself in a difficult situation and need to discuss this with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com.
Divisions of Property in Divorce Divorce and Dividing Property At some point after realizing the likelihood of success of your marriage lasting and the steps necessary for a divorce to occur, you start thinking about where everyone will live and how everything will be split up. Whether it’s a separation and then a divorce or filing for divorce while living together, the concerns remain the same. The steps to protect yourself and your property remain the same. Although an experienced attorney helps in planning any type of property split, by better understanding the rights you have and challenges you face will help you protect what’s important to you. Community versus Separate Property Texas, like 8 other states, follows laws which establish community property during the marriage. There is also a presumption that everything you own is community property. This does mean each partner in the marriage maintains an equal right to the property without guaranteeing they will gain 50% of the property after the split. Courts divide up property by a “just and right” division. So, before you separate make sure you take steps to gather information regarding what property and debts each of you own currently. Community property is made up of: Income earned during the marriage, whether from your employment or other means; Property purchased during the marriage using that income; and Property you agreed to in writing being community property. This does not include all debts or loans created during the marriage. Separate property is made up of: Money or property inherited; Any gift; Money and property owned prior to marriage; A portion of personal injury settlements and awards; and Property included in a pre-nuptial or post-nuptial (marital) agreement. How To Divide Up Property? Divorce in Texas, whether it’s Collin County, Denton County, Rockwall County, or any other county in Texas, maintains 2 ways for a division to occur. You divide property either by agreement or a court determining what property each spouse will take with them after the divorce. Agreements may be reached through the collaborative divorce process, mediation settlements agreements achieved through mediation, or informal settlement agreements achieved through settlements between you and your spouse. These agreements may simplify the process and can include partial or full divisions of property. Most lawyers and judges agree that agreements not only streamline the process and simplify the issues, but avoid the costly process of trial and litigation. You can help resolve disputes and make the division in property less stressful by doing the following: Full Disclosure: Provide a full disclosure of your property and debts. This helps build trust and makes it easier for each side to reach resolution; Track Down Documents: Make sure you gather all your statements, money transfers, records of improvements to your home, and any other documents not only over the past few years but going back throughout your marriage. This helps in tracing property you believe is your separate property; Consider Settlements: Do not outright reject settlements and take time to consider mediation, if necessary. Having an objective 3rd party assist you in reaching resolution often times helps you achieve your goals; Seek Assistance: Attorneys not only help you prepare for court but understand the law and procedures related to a divorce. An experienced attorney helps you understand Texas property laws and how to protect your interests while achieving your goals. If agreements cannot be reached, each party will attend trial, present evidence, argue issues of community versus separate property, and prove to the Court what property is separate property. Currently, on average, cases in Collin County and Denton County take 8-12 months before a trial occurs. At trial, you present evidence to prove what property is your separate property and what you believe is a “just and right” division of property, whether that’s a 50/50 split or an un-even split in property. What Happens in Court? When you appear in court and present your evidence, the judge considers multiple factors when making a decision regarding your case and property. Judges look at: The nature of your property (community versus separate); Fault in the divorce; Length of marriage; Any misconduct affecting the property; Creditors and your relationship to those creditors; Each spouses’ actions in helping to build community property; Each spouses’ age, health, and future employment possibilities; and Children. Often times, a court may order the sale of property, depending on the circumstances. If you wish to keep the house, an experienced attorney helps. In order to prove property as separate, a spouse needs to trace the property from when it became their property to present day. Educating yourself on how property division in divorce occurs is essential for anyone going through a divorce or separation. Knowing the difference between community and separate property, dividing property, and your legal rights can help you make informed and well planned out decisions. If you find yourself in a difficult situation and need to discuss this with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com .
Powers of Attorney? Why? Ever wondered why you should both with a power of attorney? I mean really, what’s the point? Do I really want to appoint someone to make decisions for me? Well, you should bother, it helps avoid much more expensive lawsuits down the road and helps prepare your family (tl;dr). What is a Power of Attorney? A power of attorney provides someone else the authority to make financial or medical decisions for you through a legal document. The person who gets this authority is called your agent, but the person granting the authority signs the document. The agent doesn’t. You want to make sure these documents are drafted properly as they can have a great impact. A medical power of attorney grants your agent the authority to speak with doctors and make medical decisions when you find yourself unable to communicate with doctors or medical staff. A financial power of attorney designates your agent as someone who makes financial decisions for you such as paying bills, moving property, paying utility expenses or simply keeping track of your money for you. Length of Time A power of attorney can start immediately, be for a designated period of time, or can “spring” or start upon a determination of your disability or incapacity. Your other option is to designate these to start upon a certain event occurring. You really have some great flexibility to avoid pitfalls. Why Do This? Simple answer – money and time. We don’t like to think about death or the inevitable fact we’ll grow old. Me neither. I prefer to focus on now. However, without these documents your family will need to file guardianship documents with a court requiring potentially lengthy litigation and legal expenses exceeding $1,000.00 easily. While putting together these types of documents can cost you easily half of this. Plus, it resolves the issue before it becomes an issue. When Should I Get One? If over the age of 18, you should seriously consider putting these documents together. Plenty of horror stories exist about needing these to help make medical decisions for a loved one or trying to get this done when it could be too late and issues arise, such as Dementia or Alzheimer’s. (Watch The Big Sick) Considering the minimal cost to put these together with a legal professional, there isn’t much reason to delay getting this done. It truly can make a huge difference in your life. When do you get this completed, make sure you speak to your family. Communication saves a lot of turmoil and issues from arising. Furthermore, it let’s them know your wishes and gives you an opportunity to answer their questions and concerns. If you find yourself in a difficult situation and need to discuss your issues with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com. We help those in the Dallas / Fort Worth area including Denton, Collin, and Dallas County.