KEEPING "COSTS" UNDER CONTROL

Often times, a divorce action arrives at a time when a family is going through a financial as well as an emotional crisis. The emotional crisis suffered can often times impact the financial crisis by causing attorneys fees and costs to escalate. By way of example, if a litigant is vindictive or mean spirited, that participant often times refuses to negotiate in good faith or conduct themselves in such a manner that results in provoking a number of court appearances or other matters that delay an orderly dissolution process. Assuming that it is the other side that acts in an unreasonable manner, such conduct is outside your control and then we would attempt to cope with the same through the appropriate court procedures. This negative conduct will be expensive and wearing on all parties.

With the aforestated in mind, you are capable of reducing fees through conducting yourself in the highest manner and following these simple rules, to-wit:

1. Keep in mind the high cost of telephone calls. If it is your intent to leave information such as an address or telephone number that has been requested, it is best that you leave the message with a legal assistant or a paralegal.

2. Keep in mind that the services in this office are primarily legal. Obviously, it is essential that I understand the underlying nature of your past interaction with your spouse, as to not do the same I would not be able to represent you as well as I might. Also, keep in mind that family law matters, especially those involving a dissolution of marriage, represents one of the most stressful times in a person's life; it is in your best legal interests that you recognize the same and cope with the stresses and strains. Unless you are thinking clearly, you may be inclined to make some decision on settling or not settling the case which will ultimately be extremely costly to you. For that reason, among others, I will spend some time with you exploring the past and current interaction between you and your spouse, especially toward the beginning of the case. I may be able to glean from what you tell me some of the "posturing" or "games" that are being conducted and played and make suggestions on how to avoid participating therein. There will come a point, however, when my listening to your experience will approach the point that the discussions will fail to generate a return to your case that can justify the added cost which will be appearing on your monthly statement.

3. Participate as effectively as you can in your own case. I have or will be delivering to you a CHECKLIST: SUPPORTING FINANCIAL DOCUMENTS. Your time is likely to be less expensive to you than my time or my assistant's time. Accordingly, it is requested, for your own best financial interests, that you obtain as much of the information and documents for your case as possible. I would ask that you provide the documentation requested on the CHECKLIST in the order in which it is requested. Additionally, during your case, you may be served with a long set of written questions called "INTERROGATORIES". Your spouse is entitled, under the rules of procedure, to request answers to the information sought, although it may entail many hours of painstaking research culling your records. It is our legal responsibility to ensure that the information asked for is supplied. Many of the INTERROGATORIES are seeking answers that are legal in nature and, accordingly, you will require our guidance in answering some of the questions.

4. Organize and file the papers involved in your case and bring them to all conferences and hearings unless otherwise directed. We always want to be "hitting on all fours." The same wave length will be easier to achieve if we both have a full set of documents to draw from, at all times.

5. Organize your questions and concerns so that they may all be discussed at one time rather than on a separate occasion. As previously stated in our initial conference and in the engagement letter, you will be billed for each individual contact. Abraham Lincoln is often quoted as stating, "A lawyer's time and advice are his stock in trade." The effective use of the lawyer's and paralegal's time will save you significant monies over the long haul if you wait to contact me or my assistant until you have a large number of questions that need to be answered.

6. Think positively toward settlement of your case. We now have different avenues to resolve disputes. Mediation is a new manner of Alternate Dispute Resolution whereby a certified mediator can bring parties to agreement. Mediation can occur with or without the attorneys present. We will make a decision at some time whether to mediate. Of course, we are always in a position to negotiate a settlement and, quite frankly, a negotiated or mediated settlement often is the most favorable manner of achieving a result that both parties will be able to live with. It has often been said that the mark of a good settlement is that neither party is happy with it. The final manner in resolving dispute is to litigate it. Litigation is costly and extremely stressful. Sometimes, however, litigation is the only way to resolve the dispute and, if it is necessary, we will simply prepare and present our case as favorably as possible.