|
Below are some questions that we typically get from new clients. If the question you need to ask isn't listed below, please give us a call at 320-259-4041 or Submit a Question Online and we'll respond to your specific issues right away.
There Are Too Many Attorneys - How Do I Choose the Best One?
The practice of law is comprised of tasks, which include writing, negotiation skills, and the ability to analyze a problem and communicate solutions to a client. Experience in these tasks is beneficial just as experience in any skill or profession is beneficial.
When choosing an attorney you might inquire as to the sort of experience that the attorney has in the particular area of family law. Does the attorney or the firm have competing areas of practice? For example, some attorneys and firms handle family law cases and attempt to balance a personal injury or criminal practice as well. All of these cases compete for an attorney’s time and attention.
Inquire as to whether or not your case will be turned over to a less experienced attorney. If the firm has paralegals, then ask if all work done by paralegals is reviewed and approved by the attorney. A team work approach using an experienced attorney and an accomplished paralegal can save a client hundreds of dollars in legal fees.
The most frequent complaint about lawyers is their inaccessibility to their clients. Will you have direct access to your attorney through telephone or e-mail? Will you have to maneuver through layers of support staff just to leave a message?
Ask how often that you can expect to receive a bill? You do not want to go for months at a time without monitoring your fees and costs. Most attorneys and firms usually bill monthly.
Request a fee schedule or ask about the attorney’s hourly rates and the paralegal’s hourly rates. Does the firm or attorney bill certain tasks at minimum time or will you be billed for actual time spent on your case?
Inquire if the firm has billing options such as a replenishing retainer or a flat fee for uncontested matters.
Finally, ask yourself if you feel comfortable with the attorney’s style? Can you imagine yourself working with this attorney to further your legal goals? If your initial contact with a prospective attorney just doesn’t feel right to you, then look elsewhere. Trust yourself to make the right decision.
Back to Top
How Can I Get In Touch With You and Will You Charge Me?
We offer free initial consultations.
If you have a question or would like to receive further information you may choose from among the following options.
We invite you to telephone 1-320-259-4041.
You may submit your question via the form on this website to the firm for a reply answer or to request that we send you further information.
You may make an appointment to come into the office and visit with an attorney without any obligation.
You may email an attorney directly through this website.
Back to Top
What Is the Difference Between an Uncontested Legal Matter and a Contested Legal Matter?
Family matters proceed through the judicial system in one of two ways with slight variations. An uncontested matter means that parties to an action have been able to resolve their differences and have entered into an agreement, which then becomes a court order binding the parties.
For example, in an uncontested divorce proceeding, many couples are able to agree on all issues such as an equitable property division, custody of the children and parenting schedules, child support and/or alimony, if appropriate, and division of debt, if any.
Uncontested divorces may involve marriages where one party retains counsel and presents the couples’ agreement for drafting. In these types of uncontested matters, the attorney for one party drafts and submits all of the necessary documents to the court, which include the summons, petition, certificate of representation, confidential statement, marital termination agreement, findings of fact, conclusions of law, order for judgment and judgment and decree, summary real estate disposition, and any proposed orders dividing retirement funds. If the other party has an attorney, then that party’s attorney will review the documents and sign off as approved or the party may review the documents and act as his or her own attorney.
In comparison, contested divorces are those divorces where couples cannot agree on any issues or disagree on several issues. Contested divorces may involve frequent court appearances to litigate temporary support, custody, parenting time, payment of debts, occupancy of the parties’ home, or other issues that the couple dispute.
Ultimately, contested divorces may end up in trial with exhibits and witnesses. Couples may go to trial on just one or two things that they cannot agree about or on all of the areas of dispute.
The foregoing models apply to all family law matters and not just divorces. Both parties in any legal action have an opportunity to proceed in an uncontested matter or a contested matter. Contested legal matters are always more expensive then uncontested matters. So it pays to try and settle as many areas of dispute as possible. Whatever the resolution of the case, there are legal documents that need to be prepared.
We recommend that clients have an attorney draft all of the necessary documents. Drafting legal documents is technical work and all documents should be drafted with a client’s particular and unique circumstances in mind.
Boilerplate documents can adversely affect a client’s long term legal rights and obligations. We have many clients who retain us long after the case is over to redraft such documents in order to clarify some vague or contradictory agreement that has resulted in an unclear court order. Our goal in every case is to draft high quality legal documents unique to a client’s situation that keeps the client from having to go back into court.
Back to Top
What is Mediation and Why Should I Try To Settle My Case?
Sometimes parties need the help of a third person to settle a case. Mediation is a process involving a neutral third person who assists the parties in resolving disputes outside of the judicial system. It is beneficial to do the hard work of trying to come to some agreement and to compromise because it is a good way to narrow down the areas of disagreement, which helps in trial preparation. The courts often require that parties at least attempt to mediate.
The benefits of a mediated settlement are threefold: One—it costs less in litigation fees to settle legal disputes; two— in most instances parties will be in ongoing contact with one another and if both parties can create their own settlement, then the parties are more likely to work together in the future; and, three—by not deciding important issues together the parties give up the right to make decisions and the court may issue a decision that neither of the parties likes.
A new mediation model for divorcing parties is called collaborative divorce. In this model, the parties have attorneys and the parties agree not to go into court. The parties meet with a mediator who assists them in working out the details of their divorce agreement.
In the collaborative model, however, the parties’ attorneys have to agree not to represent their respective clients in court if the parties cannot agree to settle the case. This singular requirement may be a downside of the collaborative process because if the parties cannot agree, then both parties have to retain yet another attorney and perhaps incur additional and duplicative costs.
We maintain an up to date referral list of well-qualified mediators with whom we have professional experience and for whom we hold high regard. If mediation fails, however, we proceed directly to trial on behalf of our clients. This is one of the benefits of retaining an experienced trial attorney.
Back to Top
I’m a Single Parent – Do I Need a Will?
At the very least single parents should have a Will nominating a guardian for the children and a standby custodian document named a temporary guardian.
In the event of a single parent’s death, the court will look to the living natural parent. If that parent shares joint physical custody or is nominated by the Will, then all is well. A single parent who believes that the other natural parent is not the best guardian for the children can nominate someone else in his or her Will. Usually the nominated guardian is a grandparent to the children or an aunt or uncle.
The other necessary document for a single parent is the standby custodian form. This document allows a single parent to name a person as the standby person who will have custody of the children in the event the single parent is incapacitated. This document will also allow a court to appoint the person named as the standby custodian as guardian pending the court’s approval of the nomination of the guardian in the Will.
There are notice requirements to the other living parent for the appointment of a standby custodian, which should be strictly followed. A Will, however, is a private document and has no notice requirements to the other natural parent.
Back to Top
|
