Hiring the Right Lawyer in an Economic Downturn

Your savings have taken a hit, your job is less secure, and you're doing what you can to scale back costs, the last thing you need is to go through a costly divorce.   However, many people thinking about divorce simply cannot wait it out:  you must begin the process for the well being of you, your spouse, and your family.
The following are points to keep in mind when deciding which lawyer to retain:
1. Hire the right lawyer

Retain a lawyer that practices a large amount of family law.  He or she should have an idea of how a judge would likely view your case. Be sure you are comfortable with your lawyer. You should not find your lawyer intimidating or unresponsive. Your lawyer should be able to explain the process in a way that you understand. Choose a lawyer who is responsive and confident, but one who isn't aggressive or hostile, because that will prolong the process and increase fees.

2. Communicate with your spouse
Divorce proceedings are highly emotional.  Allowing your emotions control will result in a higher cost of services.  The number one way to keep costs down is to keep conflict low.  If there is a high level of conflict, there will likely be a low level of communication between spouses. Attorneys will become your go-between and, remember, each time you use your attorney to communicate, you will be billed for his or her time. If you can't Thus, if verbal communication is unlikely, communicate through text messages or email, but establish a good routine of communication. Keeping your divorce short and uncomplicated will help you spend less: the court process is slow, and issues can multiple and compound the more time it takes to reach a resolution. The more time it takes to come to a resolution, the more money you will spend.
3. Communicate with your attorney by email
Being in touch by e-mail allows your attorney to efficiently work with you, addressing your question at a time when he can focus on your case and providing you with a concise written answer to which you may refer later if confusion arises.
4. Provide all information to your attorney in electronic format
This is a key cost-saving practice. When providing information regarding property, debt, or for discovery responses in hard copy (nonelectronic) form, you will incur costs for the attorney’s assistant to type up the information in the correct format. Instead, ask your attorney’s assistant send you the proper form(s) electronically, then fill in all necessary information yourself where called for on the electronic document. When you’ve finished, save the document on your computer and send it back to the attorney via email attachment. Your attorney can then quickly make any necessary minor changes or corrections before finalizing the document.
5. Make sure your computer software is compatible with your attorney’s software
Generally, you will need only standard Excel and/or Word, which is standard with Microsoft Office, however, keeping up with Microsoft can often times be a daunting task.  If the files you are attempting to open or review have .docx (Word) or .xslx (Excel) and you are currently running Office 2003 download the compatibility pack.  Check with your attorney to determine which programs they currently use.  With everyone trying to get into the computer game, Google Docs, Corel, and Open Office provide dcoument processors.   Additionally, make sure, at a minimum, you have the capability to read PDF docs.  Adobe Reader is free.
6. Organize all complete, supporting documentation yourself
At some point in your case you will likely be required to supply several months or years of taxes, bank statements, credit card statements, retirement statements, monthly utility bills, pay check stubs, blue book appraisals, real estate tax assessments and the like. You will save several hundreds of dollars if you first organize the documents by document type, then in chronological order. Separate them in a logical manner so the attorney can easily see what you have provided. Also, be sure that all information is complete before providing the documents to your lawyer or, if a few key documents are missing, make a note for your lawyer of which documents are missing and when you will have them available. Noncomplete, disorganized documents cause your lawyer to spend a lot of unnecessary time trying to determine what you have provided and what is missing. And, of course, their time is your money.
7. Talk to your lawyer’s assistant
A lawyer’s assistant bills at a lower rate than your attorney. For simple questions such as “has something happened on my case yet?” or “did my attorney get my fax?” it is often quicker and cheaper to ask the assistant. Also, your attorney will often have to ask her to get answers on paperwork issues, anyhow.
8. Hire a lawyer
One common problem is that people often get information from the wrong source. You cannot get a good understanding of the system by talking to friends about their divorce, nor can you bring courtroom television into the regular courtroom. Those who have gone through the process have a hard time seeing things from both sides. They know whether they were satisfied with the result or not but may not understand how the judge got to that result. As a result, sometimes people have very unrealistic expectations of what the Judge is empowered to do or what the Judge is going to do. A common problem with people drafting their own complaints for divorce without legal advice is that they often ask for things a judge is unlikely to grant, which then causes their spouse to feel unnecessarily threatened and upset, thereby making their spouse approach the case aggressively. Even if you only pay a lawyer for legal advice before and while drafting a complaint, hiring a lawyer can save you money by knowing what you and your spouse will likely be entitled to, and therefore, what you should (and should not) be asking for.
9. Beware of legal forms
Even if you are able to get a divorce without an attorney, without the benefit expertise of a lawyer who has seen the problems of an ill-drafted Decree, the terms of your Decree may create more problems than it solves. Even self-represented litigants are expected to understand the nuances and technicalities of the law. Because each divorce case is highly fact-specific, consulting with a lawyer can ensure you have language in the Decree that protects you for future custody battles, omitted assets and debts, issues with selling or refinancing a home. A relatively small attorney’s fee up front for review of a proposed Decree can save you thousands of dollars after the fact.
10. Remember that your lawyer is not a psychologist
Try not to vent about your spouse or discuss each and every problem you had in your marriage with your attorney. Divorce lawyers do care about your feelings, however, they are more concerned about the facts in the case and assisting you in resolving the divorce. While it is important that your lawyer know all facts relevant to your case, resist the urge to relive the minutae that are not important to your case.
11. Remember that a “Zen” resolution is unlikely
People often want the divorce process to provide them with a satisfying feeling of completion and wholeness, as one judge quipped, a “Zen” resolution. They've gone through an emotional crisis and they expect the legal system to somehow fix that. The law can provide a resolution that is as fair and equitable as possible, but they have to accept that law cannot and will not address their emotional or moral concerns. Those who fail to accept this fact can extend the divorce process, and of course that means spending more money.
12. Prepare your lawyer with a succinct, written account of facts for custody issues
A brief but thorough and honest written account of issues concerning the children is crucial in assessing, negotiating, then trying your case. Supply a chronological, bullet-pointed list naming all relevant events—positive and negative about both parties—at the beginning of your case. As you remember facts, you may edit and supplement your list through the case. This will help your lawyer to quickly assess your case, and will provide a concrete outline focusing issues for future possible litigation. Not being prepared from the beginning on these highly fact-intensive custody issues can lead to messy situations that extend the length of the process and, of course, the costs.
13. Prepare your lawyer with a complete account of your property and debt
Account statements have a way of disappearing when the divorce process starts. Before starting the process, collect statements for all your financial holdings. Additionally, begin a list of all assets. Remember to note the present value of each asset, in whose name the asset is held, and when the asset was acquired. This list should include, but is not limited to:
• Retirement Assets (Pensions, 401ks, IRAs, etc)
• Liquid Assets (all bank accounts, stocks and bonds)
• Real Estate
• Personal Property
• Cash Value Life Insurance
• Business Interests
14. Consider jointly hiring an attorney
One low-cost solution for anyone whose divorce cases are somewhat non-hostile is to jointly hire an attorney to supervise and facilitate a settlement. In such a role, the attorney can advise you about flexible financial or custodial agreements. Such an approach would minimizes your separation and divorce bill for the reason that billable hours would be decreased. You and your spouse would have the task of accumulating and revealing information yourselves.
15. Be reasonable
The old adage that “Nobody gets everything they want in life,” is especially true in divorce. But you shouldn’t cave in on important issues. Make a list of your priorities and have a clear idea of what is negotiable and what is not. Keep in mind that the more you fight, the more expensive it will be. Be willing to compromise and keep an open mind. Judges are fond of saying that if both parties are unhappy that they lost something at the end, it is a fair resolution of the case

Christmas or Hannukah? Three idiots create chaos in a Chicago custody battle

Joseph Reyes was raised Catholic, Rebecca Reyes (Shapiro) was raised Jewish.  When the couple were married in 2004 nothing seemed amiss when Joseph converted to Judaism.  Unbeknownst to those around them the couple were concocting an elixir of idiocy.  Necessary ingredients:  (1) Two competing religions; (2) Divorce Proceedings; (3) An innocent pawn; (4) A seemingly partisan Judge.

While exercising visitation with his daughter, Joseph Reyes attended Mass with child in tow.  However this was a special Mass for old Joe, for on this day his daughter was to be baptized.  What better way to commemorate the occasion than with photos, of the digital kind.  Seemingly no problem until Mr. Reyes decided that this event should be shared with his Jewish wife, via email.

Rebecca Shapiro shot back and sought a temporary injunction, prohibiting Joseph Reyes from exposing his daughter to any religion other than Judaism.  Judge Edward R. Jordan bought off on the motion. However, Joseph continues to attend Mass with his daughter and is soon brought back to court facing criminal contempt charges.  Rebecca Shapiro is asking the Court to place her child's father into the Cook County Jail.

As things get heated, Judge Jordan sees that it is time to cut-bait and allows his colleague Judge Renee Goldfarb to take over.   Judge Jordan is not only of the Jewish faith, but was a past president of The Decalogue Society of Lawyers.  Although Barry Goldberg, current President of the Decalogue Society, claims that Judge Jordan's link to his organization is improper, (See Article) it is important to note some of the various goals of the Decalogue include "assist[ing] in resolution of peculiar[] Jewish legal controversies," and to "Encourage and stimulate Jewish ideas and culture."  When weighing in on such a novelty, Jordan should have avoided the appearance of impropriety when ordering Reyes' daughter away from the Catholic Church.

Joseph Reyes, you crossed the lines of decency when you clicked the "send" button on your e-mail. This single act removed any claims to religious freedom and father's rights into the land of "I will use my child to hurt my spouse."  The Order issued by Judge Jordan was strange and seemingly inappropriate, nonetheless an order.  You are in law school, first piece of advice for your future, follow the law!!  If you don't like it appeal!  - you lose.

Judge Edward R. Jordan, a reality check is paramount.  Not only was your injunction bizarre, you should have recognized that your past affiliations only contributed to the circus that the Reyes' clearly wanted, you provided the tent, the elephant (pun intended) and acted as the ringmaster.  - you lose.

Rebecca Shapiro, you have the least blame, however, you married him.
Story by Chicago Sun-Times

Be Careful What You Ask For: Civil Protection Orders as a Failed Remedy in a Divorce Action

Particularly in Courts where a judge will grant an ex parte Civil Protection Order (CPOR) upon little or no cause, a pattern is beginning to emerge. It has become more common to commence a divorce case and simultaneously file for a CPOR. Doing so gets the other party (normally the husband) out of the house and away from the kids. Of course, if there is actual violence in the household, this may be a good idea. However, in the mess of concerns that can surround a divorce case at the outset, a CPOR will often complicate the practical issues if a no contact order is unnecessary while the divorce is pending.

In practice, having a CPOR in effect can often cause hardship for the wife as well as the newly homeless, surprised, and now desparate husband. In a phrase: be careful what you ask for.

The hardship of unnecessarily filing a CPOR during a divorce proceeding is clear and predictable: Wife files for Divorce and for Temporary Orders requesting an immediate Order from the divorce court for child support and payment of the bills during the pendency of the action. When confronted with the divorce, Husband gets upset and the parties argue. For obvious reasons, Wife does not want to live with Husband during this process, but cannot afford to move out with the children. Wife needs immediate financial resources but normally cannot get relief for another 2 to 4 weeks in the divorce proceeding. Thus, Wife asks the Court for a CPOR, alleging that Husband threatened her during their recent argument. If the Court is eager to ensure that no violence actually happens in this predictably tense situation, a CPOR is issued against Husband, who is now forced to move out and cannot communicate or help with the child. At that moment, Wife looks to be ahead and getting exactly what she wants.

Meanwhile, as time passes, the community bills continue to arrive, Child is confused and insecure about being unable to see or speak to his father, Husband becomes petrified at the thought of losing his child on top of his marriage and lifestyle, and Wife cannot afford all the bills, much less her attorney fees. A deadlock ensues, and no one is gratified.

At the initial CPOR hearing, the parties agree to continue the CPOR as to Wife for the pendency of the action to give the parties "some breathing room," and Husband gets some extremely limited visiation with Child. Husband feels helpless and angry.

Wife's lawyer may attempt to get to a resolution by offering some visitation in exchange for child and/or financial support in negotiations at the CPOR matter. However, according to Idaho Code, the CPOR Court does not have the jurisdiction to do much more than give Husband a temporary visitation fix: it is the divorce court's responsibility to hear testimony concerning custody and decide all support and property matters. Thus, unless Husband is feeling altruistic and agrees to give financial support to an angry Wife who is refusing him reasonable visitation with his child, Wife likely will not get any financial relief until the divorce court hears her Motion for Temporary Orders. Deadlock continues, no one is gratified, and it quickly becomes obvious that instant fix of the CPOR is not really a fix at all for anyone.

The Temporary Orders stage of the divorce is where the situation may get more difficult. Assuming the parties still cannot agree on custody and support, the divorce Judge will likely do one of three things: 1) he will hear testimony and decide all temporary issues on the matter at that time; or 2) the Judge will refuse to permit testimony on the matter and will issue a temporary custody order in the divorce case that paralels the CPOR visitation, a signficant amount of child support to be paid by Husband, and 1/2 or more of the community debts to be paid by Husband; or 3) he will refuse to take up the matter at all until the parties have attended and completed mediation.

If Option 1 occurs, it is a throw of the dice whether Husband or Wife is gratified, but the attorneys are: both parties have now spent an inordinate amount of money early on in the process in attorney fees, and discovery likely has not even been begun.

If Option 2 occurs, Husband may have lost because he was never afforded the opportunity to demonstrate that Child should spend more time with him. However, his visitation likely will not go below that that Wife agreed to or the Judge ordered in the CPOR. In effect, Husband has only lost his attorney fees in Objecting to Wife's Motion for Temporary Orders. He also must now pay child support during this action.

If Option 3 occurs, Wife's attorney has effectively penalized her client. Wife has waited 2-4 weeks for financial support that never came. Wife now owes attorney fees for preparation of her hearing on Temporary Orders with no results. Further, Mediation will continue to cost Wife money, and can continue take a lot of time. Wife will now likely need to pay her attorney a second time for preparation for her hearing on Temporary Orders in order to get her badly needed financial support. Having gotten what she wanted-- sole control over the custody matter and Husband instantly out of the picture-- has effectively backfired.

So what's the lesson? Don't expect an instant fix to a complex problem. Get a good attorney. Be reasonable and only use CPORs where necessary. And if you don't heed those two bits of advice, at least be prepared to get what you've asked for.