KalishLawTexas' legal blog The Woodlands

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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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11 Jan 2011

The 60 Day Waiting Period for Divorce in Texas (yes, that includes uncontested divorce)
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Under Texas law, a divorce has to be on file for at least sixty days before it can be signed by a judge. Even though a decree can be signed on the 61^st day, that doesn’t mean that it will be signed on the 61^st day, although it is a possiblity if the divorce is an uncomplicated and agreed one.

The specific legal requirements that need to be satisfied in a divorce take time.   Everyone involved (the two parties and any attorneys involved) must have the time necessary to carefully draft and review the documentation. When everything is ready, a time must be chosen for at least one party to appear in a Texas divorce court and present the case to the judge (this is commonly called the “prove up”). Some family courts have specific times during which the judge will hear uncontested cases. Other courts require that a final hearing date be requested in advance, once the agreed decree of divorce is signed and ready.

Here are some things that you can do to help your uncontested divorce case move along more quickly:

1.      Be certain that you and your spouse really do agree on everything. This means that you have an agreement about property division and debt division. If you have children, be certain that you are in agreement about visitation, child support, custody and payment of medical expenses.   When discussing the visitation agreement, be certain that you understand holiday visitation and summer visitation terms.

2.      If you have children, and are willing to use Texas Standard Visitation provisions, the documents will not take as long to draft as “custom” provisions. Likewise, if you are using standard child support guidelines, things will go more quickly in both the drafting and the approval by the judge.   This is because the “Standard” provisions are part of the Texas law, presumed to be fair to the parties and children and do not require a fresh analysis by the attorneys involved or the judge.

3.      It is usually helpful to write out the agreement between you and your spouse, perhaps in a “list format” and make sure each of you has a working copy. This can be done prior to anyone visiting an attorney and can be helpful to take to your consutlation with your divorce attorney.

4.      Be sure to return calls and emails from your lawyer’s office promptly, and review documents and provide information when requested.

5.      Talk to your divorce attorney about how having a Waiver of Citation in divorce case that is signed by your or your spouse can speed the process along and whether it is advisable in your situation.

6.      Be sure that you have met all the requirements that Texas divorce law and the Texas family court judge have set in your case. For instance, do not delay in taking parenting classes and providing proof to your attorney. The Montgomery County, Texas family law judges, Harris County Texas family law judges (and family court judges in other Texas counties) have some specific requirements regarding completion of classes and submission of paperwork. Make sure that you understand what these are and cooperate promptly.

Even though your divorce may not be granted on the 61^st day after the filing, if you follow the above suggestions, things will go a lot more smoothly and quickly in your uncontested divorce.

Your divorce attorney in The Woodlands, Texas can assist you by explaining the legal process of an uncontested divorce and guiding you through the Texas 30 day waiting period for divorce.

The Kalish Law Office in The Woodlands, Texas has been representing divorce and family law clients for over 26 years. Contact us at Inquiries@kalishlawtexas.com or 281-363-3700. www.kalishlawtexas.com
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17 May 2010

Notifying Your Spouse That You Are Filing for Divorce
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If you are considering filing for divorce, you might be feeling anxious about how to tell your spouse, or how s/he will react when “served” with notice of the case.   There may be no “good way” to notify your spouse; however, you do have some options.

Just tell him/her.   This is a good option for people who are good at discussing and solving problems together, when they both expect the divorce to happen, when both people want the divorce, and for couples who consider themselves to be “friends” above all else. This is a terrible option for marriages in which there is actual, historical, or potential violence.
Involve your spouse in “information gathering.” The office of a therapist and/or divorce attorney is places where you can gather information and discuss your legal and emotional options. You may choose to invite your spouse to go with you, and choose one of these places to make it known that you would like to file.

Hire your attorney and have the attorney send a letter.   This may be less intimidating than being “served”. The law firm that you hired to represent you can send your spouse a letter by mail, informing him/her that there is a divorce action being filed and requesting that s/he respond with the name of the attorney that will be representing him/her. In some cases a certified letter may be requested by your lawyer from the District Clerk’s office where the suit is filed.

Have a constable or process server formally serve your spouse. This is the only option in many cases, for instance when there may be violence or unacceptable drama, or there is a need to get the legal proof of service on file to move the case quickly.   Be sure to communicate well with your lawyer and his/her staff prior to the service.

Be Aware…....

Although the more “informal” methods may be fine for giving your spouse knowledge of the divorce, you may still have to have him/her served formally in order to provide proof to the court that s/he has been legally notified of the case.

Caution:

If there is a potential problem (spouse trying to hide from service, potential violence or scenes, disruption of a workplace or children being there to witness the service), it is even more important to share information with your attorney’s office and possibly the person serving your spouse as well.
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6 May 2010

Five Things to Do at the First Sign of a Legal Problem
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1. Gather your own information. Thanks to the internet, it is pretty easy to gather basic information about a problem, whether the problem is how to fix a leaky pipe, how to recognize the side effects of too many vitamin supplements, or what to do when you have a dispute with a vendor.   Even if your legal problem is complicated, you might benefit from knowing a few basics about your problem or the particular area of law. Some good sites for legal research: www.findlaw.com , www.martindale.com , www.avvo.com and www.nolo.com .

2. Gather and organize your facts and data.   Organize any information you have which relates to your problem. This could include documents, court orders, photos, letters, contracts or leases, computer disks, audio or video tapes. Put things in order. Make a timeline of events, if that will help. Make a list of questions that you need to have answered.   Once you are able to put your newly found knowledge together with your own particular facts, you will be able to decide if you need to seek a legal opinion.

3. If necessary, choose a lawyer. A good way to choose a lawyer is by getting a personal recommendation from a family member or friend.   The internet is a valuable research tool and you can find a searchable lawyer directory at FindLaw, Martindale, Avvo and Nolo. Lawyer directories are also available at the Texas state bar website, most other state bar websites, and many local (county or city) bar association websites. You will often be able to choose an attorney by area of law, language ability, and geographic location. These directories are especially helpful if you need a lawyer in a different state from the one in which you are living.

4. Contact the lawyer’s office for information or an appointment. When you call or email the law office, you should specify the type of case that you have, and whether you have any pending deadlines. You should also ask if the lawyer accepts clients in your particular area of law. Find out if there is a consultation fee. Since you have done your homework, you will be able to make good use of your time by bringing your summary and questions with you.

5. Make the Most of Your Consultation. Use the consult to assess the strengths and weaknesses of your position and begin to formulate a plan. Even if you have a problem that you are ultimately able to handle without retaining a lawyer, an early consultation can keep you from making costly mistakes. Taking the time to do your research and gather all information that is available to you is the most efficient way to deal with a legal situation.

WARNING: If you have been served with a lawsuit, time is of the essence and you should contact a lawyer right away. If you fail to file a properly drafted legal answer within the appropriate time you may lose the case and may be giving up some important rights and defenses.
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