KalishLawTexas' legal blog The Woodlands

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26 Apr 2011

Courtroom Behavior 101 for Clients
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If you have a pending legal case that will require that you attend a trial or hearing, you may be a bit nervous. That is quite normal, even for people who have been down that road before.

If you have an uncontested matter (such as an agreed divorce, adoption, or probate case), you won’t have to worry about “the opposition”. That can make things less stressful, but most people still tend to worry about how they will appear, whether they will become tongue-tied and what to do if they are asked a question and don’t know the answer.

Here are some guidelines to help take some of the worry out of that court appearance:
1. Dress appropriately. No shorts (not even nice dress shorts), no T-shirts or tanks, nothing with a slogan printed on it. Do not chew gum. Look and feel professional and stand tall.
2. Don’t forget to turn off your cell phone. Since it is too easy to assume that it’s on vibrate when it isn’t, it’s best to turn it off altogether. Nothing angers a judge or bailiff more quickly than a ringing phone blasting away at an inappropriate time.
3. Watch your nervous habits. Laughing or smiling inappropriately can be misinterpreted as disrespect and constant throat clearing, humming, or change jingling can take the attention away from the case that is being presented.
4. When you have a bench trial (trial in front of the judge): Look the judge in the eyes when you answer him or her. Be respectful and pleasant, even if you don’t like the judge or what’s being said. If the judge asks you a question directly, answer him or her directly and briefly.
5. If you have a jury trial: The jury’s perception of you is very, very important. Be quiet and calm at all times. Do not roll your eyes, shake your head or glare at anyone. Be calm when communicating with your attorney in the jury’s presence. If you appear to be argumentative with your attorney (who is on your side), the jury members may decide that you are probably an unreasonable or difficult person to deal with in general.
6. Take your time in answering questions. Listen carefully to the whole question and answer as directly and briefly as you can. Speak up loudly enough to be heard. Speak distinctly and if you really don’t understand the question, say so.
7. Relax when appropriate. When you are in court for a happy occasion (finalization of an adoption, a name change, or to solidify an agreement that has been reached in a long-pending case), it is perfectly fine to smile, look happy, respond to congratulations from the judge and attorneys, and let out a big sigh of relief.
The above guidelines can help you make your courtroom visit less stressful. If things don’t go exactly as you planned, promise yourself to learn from the experience and do better if there is a next time.

The attorneys at the Kalish Law Office have been accompanying their clients to court since 1984. Located in The Woodlands, Texas, north of Houston. 281-363-3700
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23 Feb 2011

Five Ways to Save Money on Legal Fees
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So, it's finally happened. You have no choice; you have to consult with a lawyer. Everyone knows legal fees can be expensive, but what everyone doesn't know is that there are ways to save money on legal fees.

•1. Get a consultation. A good legal consultation is essential and well worth paying for. This 30 -60 minute block of time is going to help you decide the course of your entire legal situation. This is your chance to ask questions, get information, and evaluate the lawyer and law firm. In short, you are going to be a thirsty sponge, soaking up all the information you can get, and using it to make intelligent, informed decisions

•2. Organize yourself. Take notes, snap pictures, keep a diary, separate papers by subject and date into folders. Make a summary of events. The more information that you condense for use by yourself and your lawyer, the better chance of success. Your intelligent "summaries" will help save you legal fees. Don't ever give your lawyer unorganized "shoeboxes" full of junk to wade through. Organize it yourself, you'll save legal fees.

•3. Don't give tons of unnecessary information. Trying to help, clients may give reams of paper or stacks of disks that are irrelevant and unrequested. The lawyer will spend many billable hours reviewing information that isn't necessary and then will have to charge for his/her time. The same goes for repetitive information given by email or phone.

•4. Do for yourself when you can. In some cases, you may not have to "retain" a lawyer to handle something, but may choose instead to visit the attorney periodically for assistance in handling the matter yourself. (Example: taking your own case to small claims court, negotiating changes in a contract you have been given, or collecting a judgment you've won). Even if you have retained a lawyer, try to complete paperwork on your own first, rather than spending billable hours reading it for the first time while your lawyer sits and watches you. Make a "working copy" for yourself, and a "clean copy" that you can use in case you have to meet with your lawyer again.

•5. Don't "do for yourself" when it makes the situation worse. We've all heard the expression "pay me now or pay me more later" (I've had a plumber and an auto mechanic tell me this- it was true). It can apply in a legal situation. There are certain times when you absolutely should not be handling your own case. (Example: when you have to file documents with the court that you don't have the training to prepare, when a lot of money or emotional well-being is at stake, and when you are too emotional or exhausted to do yourself justice.) There is a reason for the phrase "The lawyer who handles his own case has a fool for a client". We even hire each other when we have to! Recognize those times and hire a lawyer before damage is done.

Following these few guidelines can significantly reduce the amount of money spent in legal fees!

Kalish Law Office has been representing businesses and families for over 26 years. www.kalishlawtexas.com 281-363-3700
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3 Feb 2011

Filing Suit Against Someone Whose Whereabouts Are Unknown
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When a divorce or other lawsuit is filed, there is a process of citation issued for the party who is being sued. Usually, this legal citation is personally served on the person who is the respondent in the lawsuit. (If the respondent is a company, the citation will be served on the registered agent, director or owner of the company or some else legally authorized to accept the service). This gives legal notice of the suit.

But sometimes a party is nowhere to be found. What then?

These cases can and do proceed. There are alternative methods of providing service to persons and companies. These alternative methods, if done correctly, provide legal and valid service of the suit so that it can proceed to completion. The Plaintiff can have his/her day in court even if the other party is unable or unwilling to be found.
If regular service is unsuccessful because of unknown whereabouts (or if someone is avoiding service on purpose), the judge can grant a motion to serve the party in an alternative way, for example by posting or publication. The judge will want to know what has been done to serve the party in the traditional way, and will require proof of these attempts.

The fact that the case can proceed is good news, however, the case may proceed more slowly, or require additional expenses (depending on the type case it is).

If you must file a suit against someone whose whereabouts are unknown, be sure to collect whatever information that you do have. You will need to show that you have made diligent efforts to discover this information. When working with a lawyer, bring the information to the initial meeting so that the lawyer can assist you with efforts to find the person and tell you what additional steps or expense will be required in your case if the person cannot be found.
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28 Sep 2010

Mediation and How it Can Help Your Case
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Mediation can be either court-ordered or agreed. In mediation, an impartial observer listens to the parties and helps them talk with each other to find points on which they can agree.

Mediation often leads to settlement of the case. When it doesn’t, it will usually provide useful information and help the parties clarify issues. The mediator will insist on an attitude of respect. The parties are not allowed to use abusive language but are allowed to state their opinions and feelings in a controlled manner.
A skilled mediator can quickly draw out the most important issues in the case. In addition to the statements made by each party at the outset, the mediator will be listening carefully for other “minor” issues that may not be minor ones after all. The parties will discuss the reasons behind their positions and they are often surprised to find that they better understand their opponent.

Mediation works especially well in family law and business cases, although it is used in a variety of other cases as well. When it is court-ordered it is not an option. It is often voluntarily chosen because it gives the parties an opportunity to “have their say” in a less restrictive and rule-oriented venue than a courtroom, and has a very real possibly of leading to a reasonable settlement.
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