Dec 30

Divorce Lawyer Communication – How to Enhance your Communication With your Attorney

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There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

In-Person

Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney’s undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.

E-mail

Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.

Telephone

One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.

Fax

Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney’s office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney’s office had to stand in front of the fax to send or receive documents.

Mailing

Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney’s keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.

There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



By: Steven Carlson

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Sep 27

A Revocable Living Trust Saved Us Thousands of Dollars

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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

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Aug 24

Empowering Women – How to Take Care of Yourself During a Divorce

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If you are female and either considering a divorce or already going through the process, then you need to read this article. Why? Because divorce is an emotional process to a business-like decision. Whether you have been married for 6 months or 40 years, you invested much of yourself emotionally. You probably entered this marriage believing ’til death do you part. Suddenly, you realize your life may not be including this person any longer.

This can be overwhelming. You may experience feelings of anger, confusion, disbelief and/or grief. This is to be expected, but you can overcome it. You can learn to empower yourself and make the best of a difficult situation. You are going to have to make decisions, some of which can cause strong emotions, like splitting up assets, considering who will get the house, and dealing with child custody issues. These decisions must be made with a clear head and not an overwrought heart.

If you are considering divorce, or even if the divorce has already been filed, you need to take care of yourself (and children if any) first and foremost. I suggest you consult with a financial planner and a family attorney. Even if you choose to take care of the divorce through mediation, you want to be sure your finances are secure upon the completion of the divorce. You want to make sure you know your rights. These professionals can be an asset when making decisions, which will ultimately effect your future.

If you find the need to hire an attorney, consult with them for legal purposes only. Too often, I hear of women who turn to their attorneys every time they argue with their spouse, crying on their shoulders (literally and figuratively) and seeking emotional support. What many don’t realize is every time the attorney is contacted, they are charging you, regardless of the reason. This can lead to huge attorney fees, which will be taken out of your part of the settlement. If you need support, seek out the aid of friends and family. If you do not have a good support system in place, seek counseling or a women’s support group. Use these outlets, as they will be more beneficial and less expensive than an attorney for this purpose.

Counseling can be beneficial during this time. A good therapist can be objective, while you deal with the strong feelings you’ll experience, which cloud your judgment. A counselor will also help you process the lifestyle changes you’ll ultimately have to deal with. A couple of concerns some women have voiced include the ability to pay for counseling during this time and the confidentiality of their records.

I suggest you pay for the therapy out-of-pocket. You may be asking, “Well, if I have insurance, why wouldn’t I want to use it?” You can use insurance and have every right if you so choose to do so; however, there are possible negative ramifications of using insurance benefits. First, your counselor will have to determine if you meet the criteria for a mental disorder diagnosis to be able to use your insurance, as panels require “medical necessity” to be authorized for benefits. If you do qualify, that mental disorder diagnosis will be submitted for every session to the insurance company. If your divorce isn’t amicable or if your spouse is being vindictive, he and his lawyer may attempt to subpoena any records to win their case. Would you want them to obtain these records from the insurance company? This transitions into the confidentiality aspect of paying out-of-pocket.

By paying your counselor directly, the paper trail is eliminated. Your counselor does have to keep records by law, but those records are kept confidential and can only be released with your permission, by a court order or by imminent emergency, such as suicide or child abuse. So, the chance of your spouse learning of your counseling will only occur if you divulge such information.

The next question might be, “I want to pay out-of-pocket, but I can’t afford it. What can I do?” Counseling does not have to break the bank. You can go to various counseling directories and look for a counselor who falls within your means, such as on PsychologyToday.com and Counsel-Search.com. If this still seems too high, you can contact your local County Mental Health and ask for local community resources. Most communities have low-cost counseling centers, where pre-licensed counselors, under supervision of a licensed professional, can provide quality services.

Remember, divorce is a business decision with emotional impacts. Don’t let your emotions hinder your ability to take are of yourself and your children. Seek the support you need now and end up in a better place when the divorce is finalized.

By: Jodi Blackley

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