|
|
|
| |
Posted
Feb 18, 2010 |
WHAT TO BRING TO YOUR FIRST APPOINTMENT FOR YOUR DIVORCE
You’ve finally decided to go through with it. Now, you are facing what for most of my clients is an intensely emotional moment - that first appointment with your divorce lawyer. Most clients think that it’s going to be an hour or two of discussing the entire history of their marriage and analyzing how if fell apart. It can be that, if that’s what you need. But truthfully, the better way to look at it is as a work session for starting what promises to be the best phase of your life.
Try not to think of getting divorced as a funeral for your marriage, or a time for grieving. Grieving is natural, but getting divorced can also be like graduating to a new phase of your life - a time when you realize you have come into your own, and you deserve more. A well-planned divorce can be the road map for the new and improved life you are about to have.
With that attitude, here are some practical things that you should try to bring to your first appointment with your lawyer:
1. Bring any piece of paper with a dollar sign on it - your house appraisal, tax appraisal, the Kelly Blue book values on your automobiles, recent retirement account statements, life insurance policies, tax returns, w-2's and 1099's, copies of your most recent credit card and medical bills. Having this information right up front will help your lawyer advise you about how much money you are going to get out of the marriage, or how much debt you are going to have to pay.
2. If you have kids, go online to the Tennessee Department of Human Services’ website and download two forms. The first is the Permanent Parenting Plan form. Fill it out as best you can with the schedule you think will work best for your kids, your work schedule, and the work schedule of your spouse. The second form is a child support worksheet - use the Excel version. Fill in the number of days you think your kids will be with you and your spouse, the cost of insurance and daycare, and your incomes. Even if you don’t get it exactly right, you’ll get an idea of what kind of child support to expect to receive or pay.
3. That moment when you wake up in the middle of the night worrying? Write down what you are worrying about and take it to your appointment. Your lawyer may know the answer right off the bat.
When you are done with that first appointment, you should feel like you know what’s going to happen next, how long it’s going to take, what you are likely going to get out of the marriage, what kind of time you are likely to get with your kids, and how much this is all going to cost and how long it will likely take. There are no guarantees of course, but the more information you can bring your lawyer at the outset, the more likely she can predict and advise you. At such an uncertain time in your life, who wouldn’t want that?
|
|
Posted
Jan 15, 2010 |
A bittersweet farewell to Bob
For our clients who are asking, we should tell you that we have wished a fond farewell to my favorite employee and dear friend, Bob Becker. Bob has left the law firm so that he can devote more time to his first love - his family, and to his second love - his job as Vice Mayor. Our loss,
which is being felt deeply, is Knoxville’s gain!
|
|
Posted
Jan 10, 2010 |
Hope for employees who do the right thing
The Tennessee Court of Appeals has recently recognized that it should be illegal for a company to fire an employee who refuses to participate in illegal activity. Now, if your boss asks you to do something that’s illegal, and you get fired because you won't do it, you can sue. If you
have that situation, call me - I love these cases! |
|
Posted
Jan 09, 2010 |
For divorcing people - an important reminder
If your final hearing on your divorce is coming up soon, and you aren’t our client, be sure to ask your lawyer whether he’s filed the COBRA notice with the Court. As of January 1st, all divorcing parties must file a notice that tells your X that his/her insurance is going to get
terminated, and that s/he may have options for continuing health insurance through COBRA. The notice has to tell your X things like who to call and the phone number and address. Judges are not supposed to sign the Final Decree of Divorce without this Notice being filed with the Court. Don’t forget to do this - you don’t want your divorce getting
set aside because you didn’t file the COBRA notice.
|
|
Posted
Nov 12, 2009 |
Your ex's creditors can sue you after divorce is final
In all divorces, the parties must decide who is going to pay which debt after the divorce is final. But just because your ex is supposed to pay a bill after your divorce is final doesn't mean he or she will. If s/he doesn't pay, you can have negative consequences to your credit, and even wind up getting sued.
The reason for this is two laws. The first law says that all debts incurred during the marriage are marital debts. It doesn't matter whose name is on the debt - the court will divide it up between you and your spouse and generally require each person to pay about half. The second law that says that whatever people agree to pay in a divorce can't affect the rights of creditors to collect their debts from either one of you.
The bottom line is that if your name is on the debt, no matter what the divorce decree says, the creditor can come after you. If your name is not on the debt, the creditor can only come after you if the divorce decree says you are supposed to pay the bill. .
People who are getting a divorce need to bear this in mind when they are negotiating who will pay what when the divorce is final. If you are trying to protect yourself from your spouse's bad credit card debt, don't agree to pay the bill in the divorce.
After January 1, 2010, all divorce orders must have this warning in it. Most lawyers are not aware of this law change, so if you are not a Held Law Firm client, make sure your lawyer is aware, and make sure the language is in the decree. Otherwise, you'll be paying your lawyer for a second trip to the courthouse.
|
|
Posted
Nov 12, 2009 |
Top 10 ways to find an honest lawyer
I am constantly amazed by the tactics many lawyers use to run up their bills, and how little clients even realize what is happening. We are expensive enough as it is. Here are some things to watch for to make sure you are not going to get ripped off, and that your lawyer is honestly and diligently pursuing your case.
1. Ask your lawyer if s/he maintains an IOLTA trust account. That big check you write us up front? We haven't earned it yet. Until we do, your money is supposed to be held in trust. If your lawyer looks at you blankly or tries to explain away this requirement, go find a different lawyer.
2. Ask your lawyer if s/he bills to the tenth of the hour or the quarter hour. Yes, we do charge you to leave a message or return your email. At a tenth of the hour, that charge is $24-$35, which is bad enough. At a quarter hour, it will be $72-$105. A lawyer who isn't trying to rip you off will generally bill to the tenth of the hour.
3. Always get a written Representation Agreement and make sure you understand every word. Written agreements are usually required by the Ethics Code. A lawyer who doesn't have one is going to play the ambiguity of what s/he is supposed to do and what you are supposed to pay against you.
4. Ask if you will get periodic statements, and how often. Try to find a lawyer who sends monthly statements. Most don't because they don't want you to figure out that they aren't doing anything on your case for months at a time. When we send you monthly statements, we feel pressure to do something on your case every month. Delays that we can't control happen, but monthly reports make us us more accountable to you and keep your case moving.
5. Beware the attorney that makes big promises. Litigation is unpredictable. The Judge has the power, not your lawyer. Hire the lawyer who tells you what s/he is going to do, and can tell you how much things cost and how long things take. Do not hire the lawyer who tells you not to worry, just "trust me" and that you'll get a million bucks, or that the case is a "slam dunk." There's no such thing as a slam dunk.
6. Check your lawyer's reputation online. Start by seeing if your lawyer has been reprimanded on the Tennessee Board of Professional Responsibility's website - the tab called "check public discipline." You might also go to websites like Avvo and Lawyerratingz to read client reviews. Google your lawyer.
7. Ask if you'll be charged for expenses, and what the expenses are. Charging for parking, mileage, postage or secretary time is normal, but charging a dollar or more a page for faxes or copies is not. Make sure you understand what you can be charged for.
8. Ask questions. No, we won't return all 20 phone calls you made in one day. But, honest, diligent lawyers will answer them or tell you why they can't. Crooked, lazy lawyers won't.
9. Beware the gorgeous office. A lawyer who is busy has a messy office. A lawyer who has a gorgeous office just paid for it by running up big fees without doing a lot of work.
10. Shop around. If you are hiring a lawyer, it's because you are willing to pay several hundred dollars an hour for someone to solve a problem that's obviously too big for you to solve yourself. You shouldn't feel OK about your lawyer. You should LOVE her!
I hope this helps you find the right lawyer for your needs. Good luck!
|
|
|
|
|
|
|
