Blog Topic

Five Ways to Save Money on Legal Fees
Posted by: Laura Kalish
February 25, 2010

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!

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The Risks of Refinancing a Home with Your Spouse or Partner
Posted by: Brittany Clark
January 25, 2010

WARNING! Joining in the refinancing of a home previously owned by your spouse does not guarantee that you actually "own" part of the house.

Signing the Promissory Note DOES mean that you are legally responsible to pay the mortgage on the property. However, it does NOT mean that the property is automatically in your name, or that if your spouse dies you will automatically inherit all or part of the property.

Here is a specific example that could contain a nasty surprise waiting somewhere down the line:

Husband has three adult children by a previous marriage. He is divorced from Wife #1, and he owns his home, which is in his own name. He then marries Wife #2.

Husband and Wife #2 evaluate their joint financial situation. They decide that it would be financially helpful to them if they were to refinance the home that they live in. They apply for, and are granted a new mortgage. It is at a better interest rate, especially since Wife #2 is a co-borrower. Husband and Wife #2 both sign the refinance agreement, but there is no deed filed in the county records which gives part ownership of the home to Wife #2.

The couple goes along happily with their life. Then, Husband dies suddenly, and without a will.

Under Texas law, his prior children inherit the ownership of the home, since the deed is in his name and it is his separate property.

Wife #2 does have a "life estate", which means that she is allowed to live in the home that her stepchildren now own for the rest of her life. She is still obligated to the mortgage company, but the home is not in her name and she cannot pass the home or any portion of it on to her own descendants. If she chooses to just walk away from the home, she is leaving behind the money that she and her deceased husband have already put into it, and her stepchildren don't have to compensate her.

This is a sobering set of facts, but unfortunately it is very common.

It is very unlikely that the Husband in the example wanted this to happen. It is more likely that he wanted Wife #2 to own 100% of the house upon his death.

The situation could have been avoided in two ways. First of all, a properly drafted and filed deed would have protected Wife #2, because it would have given her immediate rights and ownership in the property. It would have been her portion, regardless of whether the Husband lived or died.

Secondly, a valid will would have spelled out exactly what Husband's wanted to do with his portion (say, 50%) of the property, and if he so desired, he could have given her his 50% upon his death.

It is important to understand all of the consequences of refinancing property, especially when dealing with second marriages, stepfamily issues, separate property, or non-traditional family situations. A timely legal consult can avoid serious problems later on.

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The New Year Brings a New Beginning: Time for A Legal Check-up!
Posted by: Laura Kalish
December 23, 2009

The New Year brings a new beginning. Nearly everyone has a "to do" list of things that are difficult to get around to doing. Whether or not you make formal "New Year's Resolutions", it is always a good time for reevaluation and organization, even for legal issues! Here are some ways that Kalish Law Office can help you get 2010 off to a great start:

For Everyone: Getting a current will (or updating an existing one). This is extremely important, especially if you are the parent of a minor child! You should also review the need for health care powers of attorney and general powers of attorney in case you should become disabled.

If you have a business: Updating your corporate book or partnership records. Also updating any contracts that you have with employees or independent contractors. Doing this in January or February is often very helpful in beginning preparation for tax time in April.

If you have adopted a child from another country: Getting proof of your child's U.S. Citizenship. (Or applying for that citizenship if they were adopted several years ago). You should always be aware of the expiration date of your child's permanent resident card ("green card") if your child is not a citizen.

Immigration issues: Applying for adjustment of your own (or a family member's) immigration status to lawful permanent resident or U.S. citizen. Renewing a Lawful Permanent Resident card ("green card"). Updating your address with the U.S. Immigration Service.

General Contract Issues: Many contracts, including employment contracts, commercial and residential leases and vendor contracts may have expired and you may now be on a "month to month" basis. You may wish to reevaluate and renegotiate in order to be sure of where you stand for the coming year.

Family Law Issues: Sometimes divorce decrees, child support orders, or visitation orders are no longer working for the parties and the children, due to changes that have happened. A legal consultation to determine whether a change should occur can help you get the facts and make an informed decision. Some common issues include the need for an increase or decrease in child support, or the need for legal assistance in stopping a withholding order once your child's other parent is no longer entitled to receive child support.

Elder Law Issues: Estate planning for an aging person and information gathering about options for dealing with the disposition of real and personal property.

Kalish Law Office is ready to assist you with your legal needs. A thirty minute consultation with one of our attorneys will help you to start the year right.

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How to Get the Most from Your Initial Consultation
Posted by: Brittany Clark
December 11, 2009

If you have a legal issue that may require you to hire an attorney, you will want to get the most from your initial consultation. Here are some tips to help you do that.

•· When you first contact the law firm, be prepared to briefly state what issue you have. (For example: "I need to file for a child support increase", or "I am thinking of starting a new business." By stating what you need, the staff will be able to direct you to the attorney who is best suited to handle your case.

•· Prepare a brief summary of the problem and what you hope to accomplish at the consultation appointment. For example, do you want to have your attorney negotiate for you? Do you want to file suit? Do you want guidance in how to handle the matter yourself? Do you just need to know your rights, duties, and options?

•· Gather and bring any documentation that might be important to the case, especially if the case involves a contract, deed, or decree. If you have photos or phone logs, look those over, put them in a folder and be prepared to refer to them. If you have been sued, be sure to bring the original citation that you were served. Even if you don't need the documents at the first appointment, gathering them will help you review the facts and will save time later.

•· Make copies of anything that you want to leave with the lawyer if you decide to hire him/her. Except in rare circumstances, it is best for you to retain your original documents. Making an additional copy in advance can save time and expense and will allow each of you to review the same document while talking about the case.

•· Be sure that you know how much the consult will cost and how much time you will be given. You will want to state your problem, get the attorney's opinion, and then have a chance to ask any questions that you might have. A consultation fee will generally be set for a certain period of time (i.e., 30 minutes). For complicated cases, it may be necessary to schedule additional time beyond the allotted time.

Being organized ahead of time will help you get the most from your consult and will help to provide clear communication between you and your attorney.

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Clients Ask: What Will My Case Cost?
Posted by: Bob Kalish
November 30, 2009

Potential clients who call or email law offices asking for an estimate are often frustrated because there are no easy answers. With certain types of cases, there are "normal" fee ranges. But in many cases, the "range" varies so widely it gives little guidance.

There are many reasons for this. The main reason is that you are only part of the situation. Although you may know that you will never intentionally prolong litigation, or complicate things, you don't know what the other participants in the case will do. The "other participants" may be a divorcing spouse, former business partner, opposing attorney, the U.S. immigration service, or a judge, arbitrator or mediator in the case. The opposing party may require depositions or interrogatories, refuse to settle, or ask for additional court hearings. The judge in the case may impose specific requirements and a calendar of when and how the case will progress. The U.S. immigration service may ask for more information. All of these events add time, and expense to your case. A case that may have an initial time estimate of say, 10 hours, could end up taking 25 hours to complete.

In order to represent you, your attorney has to be ready and able to do his/her best for you, and to put in the time and effort that it takes to do just that, while running a successful business and paying salaries and overhead. For that reason, our firm requires an initial consultation, with a reasonable consult fee.

In some cases it is easier to give a fairly accurate estimate prior to taking to the client. As you would expect, these types of matters are generally ones that involve fewer variables (drafting a simple will or powers of attorney, setting up a corporation, doing a name change.)

It is important to build trust in the attorney/client relationship from the very beginning. For that reason, it is best for the client to have a consult with an attorney so that the estimate can be a realistic, informed one, leading to fewer surprises and dissatisfaction later on, and allowing the attorney, staff, and client to budget adequate time and resources to properly handle the case.

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