Ignorance is the most common trap in the business of divorce, so becoming informed is crucial. However, friends, relatives and “common knowledge” are the worst and most expensive sources of advice. Use these for moral support, but when they give you advice, just smile and say “Thank You” but do not take it seriously. If you didn’t get the advice from a reputable book or an attorney, don’t trust it! Just because you like or trust someone doesn’t make them right. And if you take bad advice, who pays the price? You do–perhaps for the rest of your life.
Millions of people have done their own divorces since self-help law was established in 1971, so you can probably do it too. If you do need an attorney for help, one of your biggest problems is going to be finding the right one. Not just any lawyer will do.
If you have trouble with some part of doing your own divorce, or if you and your spouse are trying to work out terms and get stuck, or if you need more information or legal advice, or for any reason at all, you may decide that a little time spent in conference with an attorney would be worthwhile. Instead of having a lawyer do the whole job, you might have him or her help you with just part of it. Some attorneys might not be willing to this. You have to shop around.
Shopping for an attorney is very much like shopping for melons. You have to check the prices and see if they “feel” right to you. You have the right to ask questions, look things over, and be choosy about whom you hire to take on such a major personal role in your life.
The best way to find an attorney is through some friend or trusted person who has had a satisfactory personal experience with one. But don’t forget to check things out for yourself. Don’t be intimidated. Call around on the telephone to find out how much an initial interview will cost, and how much the whole case might cost. See if you like the way the attorney and the law office staff treat you. If you only want some advice on part of doing your own divorce, ask ahead of time to see if they are willing to do this and find out what their rates are for consultations.
Most attorneys will do the first interview for nothing or for a very small fee, perhaps $15 to $25. Hourly rates run from $50 to $200 per hour, but $100 is pretty common. Price is not everything–it has to feel right. Talk to the attorney to see if you like the experience.
Why You Should Not Retain an Attorney
It is okay to use an attorney, but most people should never retain one in their divorce case unless there is a clear reason for doing so. When you retain an attorney, the attorney takes professional responsibility to act on your behalf–to represent you. You are literally handing over your power and authority to act.
Our system of justice is known as “the adversary system.” It began in the middle ages when trial by combat meant that whoever survived was right. This approach to justice forms the basis of our legal system today. The attorney works in our system as a combatant, but that is not what you want for solving family and personal problems. Law schools do not require courses in counseling or communications. They teach aggressive and defensive strategy and how to get the advantage in every case. Lawyers are taught to look for problems, not solutions.
Lawyers are taught to act in ways that will complicate your case and make it worse instead of better. They tend to take cases into court quickly, even when that is likely to cause upset and make settlement more difficult.
Never forget that when you retain an attorney, the more trouble you have, the more money the attorney makes. That’s hardly an incentive to keep things simple. But keeping things simple is what you want to have the best possible divorce.
Copyright 2005 Ed Sherman
By: Ed Sherman
If you have made the decision to file for bankruptcy, finding a Fort Worth bankruptcy attorney is the most important and first step in the filing process. It is critical to understand that not all attorneys are equally qualified. Having a knowledgeable attorney can end up saving you a lot of grief and money in the end. Take the time to research potential attorneys before choosing one. The following are four common ways to find an attorney to handle your bankruptcy case.
The Yellow Pages
There are several qualified Fort Worth Bankruptcy Attorneys listed in the Yellow Pages. Pickup a phone book and search through its ads. Larger, more prominent and successful attorneys tend to boast bigger, brighter, flashier type ads. This is not to discredit those attorneys with smaller ads. However, an attorney who takes the time to invest in a little marketing is more likely a professional individual who is serious about business.
Internet
The World Wide Web is an excellent tool anyone can use to find a Fort Worth bankruptcy attorney. With the help of a search engine, look for lawyers in your area. For example, you can use Google and search for “Fort Worth Bankruptcy Attorney” to find local lawyers.
Ask an Attorney
If you already have an attorney for a different matter, he or she is a great resource in the search for a bankruptcy attorney. Your attorney is likely to know a qualified colleague who would be more than happy to assist with your bankruptcy filing. Also be sure to ask what qualifying values the attorney has. How many years of experience? Does your attorney have any personal affiliations with the individual? Would your attorney utilize this person if he or she had to file bankruptcy? These are all important questions that provide you with an overall view of the bankruptcy attorney.
Ask Family and Friends
Perhaps the best way to locate a bankruptcy attorney is to request referrals from friends and families. The people you know and trust may already know a perfect Fort Worth bankruptcy attorney that fits your needs. When someone suggests a specific attorney, ask him or her what makes the attorney qualified for the job? What did the referrer like or dislike about the attorney? Would this person use the attorney again if needed?
Regardless of how you locate a Fort Worth Bankruptcy Attorney, take the time to learn as much as possible about the individual before ever stepping into his or her firm. You want to know what kind of lawyer and person past clients and colleagues believe this individual to be. The more you know the better.
Once you have narrowed down the pool of perspective attorneys, it is time to attend a consultation or introduction meeting. Use this time to get to know the attorney. How do you feel about him or her? What is your first impression? What type of education and work experience does the attorney bring to the table? How can he or she help you in your current situation? How much are these services going to cost? Lastly, it is a great idea to interview at least two if not more prospective attorneys before deciding on a Fort Worth bankruptcy attorney.
By: Marius Leopold
On September 11, 2008 we unexpectedly lost my father to a brain aneurysm. He was only 72 at the time. Needless to say we were in complete shock and bewildered about what to do. The last thing we needed to deal with during our grieving process was to struggle with the legal system to transfer his assets into my mom’s name. I was chosen executor of his estate many years ago. I felt a great deal of responsibility to take care of my mother and my siblings.
Thank goodness my father was a organized man who had done his due diligence. Ten years prior to his death, he took the time to set up a revocable living trust. I cannot emphasize enough how important that one document was to making my job as executor much easier. Their is a big misconception that having a will is sufficient for transferring assets to your beneficiaries. Unfortunately, all wills have to go through the process called probate. Probate is the validating of the will. This is done by a judge. The entire process can take any where from six months to two years. While a will is going through probate your loved ones have to wait for disbursement of funds. Ouch!
Another key point is you want to make sure your trust is revocable. That means it can be changed at anytime. Lets talk about how you save money for your loved ones with a living trust. Basically, you avoid the court cost, the attorney fees, and other court related fees; such as executor fees. These are the thousands of dollars that my father saved my mother by implementing his trust.
Where do you go to create your trust document? With the advent of the internet, I am sure their are many sites to help guide you through the steps. I wanted to deal with someone face to face so we went to our family attorney. You do not need a specialist, your attorney is more than capable of setting up the document. Another misconception is this is a expensive procedure. We paid $500.00 to have this done. Small potatoes compared to the legal fees involved during probate.
Proper estate planning is the ultimate gift you can pass on to your family. I realize we live in hectic times and it is very easy to put this step off to the side. Please don’t! Make a call to your attorney and set up a appointment to start the process. It will surprise you how painless it really is.
By: Ross Exon
