DIVORCE/CUSTODY/CHILD SUPPORT
Have you ever had this experience? You walk into a lawyer's office and say you want a divorce. The lawyer sticks out his or her hand and says, that will be $3000 please. It doesn't matter if the community assets are less than that.
I try to evaluate each case to save you as much money (and aggravation) as possible. In a divorce, for example, my first thought is to see whether I can get the husband and wife to agree to the terms of the divorce. This is called an uncontested divorce. I can usually get it done for about $1200, including the filing fee, sales tax, and runner's fees. The judges are usually willing to sign off on a divorce where the parties have agreed to the terms. The Courts aren't in the business of promoting unnecessary litigation.
Sometimes the parties can't agree to settlement terms. In such cases, I try to push your case forward without a large retainer. Sometimes I prepare the paperwork and file it on your behalf. This is called pro se, and it means that you can act as your own attorney. Most of the big bills in domestic cases come from time the attorney has to spend in court. To tell the truth, many clients can actually do a better job of presenting their case in court than the attorney can, because they are more intimately acquainted with the circumstances. But they need some document preparation and advice on how to conduct themselves in court from an attorney. I can often give clients a flat fee in pro se cases, meaning that they don't get sticker shock each month when they are hit with an hourly bill.
Of course, I am still available for full service retainers in appropriate cases, but as you might expect, it costs a lot more for that kind of service, and I do bill hourly on those cases.
In custody and child support cases, my fee structure and methods are similar to divorces. I can still get the case filed for about $1200 (including the filing fee, sales tax, and runner's fees). I assist you to get the case in front of the judge or hearing officer. I help you do whatever is necessary to move the case forward, including filing motions, preparing Interrogatories or Requests for Production of documents, getting the papers filed and served, etc.
BANKRUPTCY/FORECLOSURE/REPOSSESSION
There have been major changes to the bankruptcy laws since October, 2005. I am familiar with the changes and still take bankruptcy cases, usually on a flat fee basis. I can steer you through all the hoops you now have to jump through - I can get you a free credit report, obtain your tax transcripts from past years, show you where to go to get the mandated credit counseling, and so on.
The most important changes to the law involve income, or "means" testing. I can evaluate your case to see if, based on your income, you could qualify for the simplest and least expensive kind of bankruptcy, a Chapter 7. If you do not qualify for Chapter 7 but still need to file for bankruptcy (say, for example, your house is being foreclosed, and you want to save it), you can still usually qualify for a Chapter 13 bankruptcy. In Chapter 13, you pay back all or part of your debt over a period of three to five years.
I always do flat fee Chapter 7's, which means I will give you an exact price up front, usually less than other bankruptcy offices. You can pay me in whatever installments you want, but bankruptcy attorneys need to be paid in full before the case is filed. If they have not been paid in full, they become your creditor and will be discharged in the bankruptcy. I offer a free consultation for prospective bankruptcy clients.
WILLS/TRUSTS/PROBATE
Wills and trusts are documents which allow you to pass on your property to your heirs in the way you wish. If you die without a will or trust, the state will decide who gets your property, and there is frequently a lot of infighting among heirs or siblings. It is a kindness to your children or heirs to draw up a will or trust so the rules are clear.
Wills are the simplest and least costly way of passing on your property. For a will, you need two witnesses and a notary. I can notarize the document. I usually ask you to bring two friends in to be your witnesses.
Trusts are somewhat more complicated than wills. I don't think trusts are necessary for estates of less than $300,000. They have certain advantages over wiils, the biggest being that you can bypass the probate process and court system altogether (but not the IRS). Think of a trust as a corporation. It is a business entity that holds all of your assets. You can change the terms of the trust any time you like prior to your death. When you do die, you have appointed a successor trustee to run the corporation who simply takes over where you left off and has control of all the assets. The most complicated part of a trust is funding it. This means that you personally no longer hold your assets, but the trust holds your assets (which you control while you are alive). So, for example, Ron Smith would deed his house over to the Ron Smith living trust, put his bank accounts in the name of the trust, etc. Many people fail to do this and diminish the purpose of the trust.
Probate is the process by which the Court decides who inherits property from the deceased. It can be a fairly simple informal probate, where dad dies and leaves the house to his only child. In a case like that, the child would be appointed as personal representative of the estate, and deed the house to himself. In more complex or contested cases, a formal probate might be appropriate.
PERSONAL INJURY
If you have been injured in a car accident, I do not charge you up front to work on your case. I work on contingent fee, which means that I only collect if you do. (Client is always responsible for costs, such as filing fees and depositions). Typically, I only charge 25% if we can settle prior to filing suit. 33% if I have to file a lawsuit, and 40% if I have to try the case.
Clients often make the mistake of trying to settle with the insurance company themselves. They almost always get lowballed by the insurance company.