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Questions to Ask Your Lawyer

by: Charles Kassotis

When looking for a lawyer to handle a personal legal matter, you can usually find one by contacting the local bar association or an attorney referral service in your area. If those don�t pan out, try the state bar association or word-of-mouth recommendations from satisfied friends, family members, or coworkers. After getting the names of two or three attorneys that specialize in the area for which you need assistance, make an appointment to �interview� each lawyer before you decide which one to retain as legal counsel. Some lawyers offer a free 30-minute consultation to discuss your case and see whether client and attorney suit each other. Here are some questions you may want to ask:

1. How long have you specialized in this type of law? If the attorney has recently switched from probate to criminal law, and you are accused of committing a crime, you may want to look for a more experienced attorney. On the other hand, perhaps this attorney has been assisting a partner with criminal cases, or has done extensive work in this area previously. Find out if there is enough evidence to warrant your trust in this particular attorney for handling your case.

2. What are your fees? Never retain an attorney who is vague about the cost of his or her services, or about the type of expenses you may have to pay. While it is natural to be unsure of an exact price for copying, telephone, and postage costs, the attorney should be able to give you a ballpark figure, as well as any potential costs for expert testimony, including depositions, interrogatories, or videotaping sessions and travel fees. Try to get an estimate in writing of at least the attorney�s fee. Many charge by the hour or by the procedure, such as a $1,500 divorce. Others are required to collect a portion, like one-third, of any awards made in personal injury cases, for example.

3. What are the chances of success for my case? This will apply to issues of litigation where you are suing someone in court. You want to get a percentage, like 60 percent or 20 percent, of what the outcome is likely to be. For other types of cases, such as estate planning, you can change the question to relate to matters involving your anticipated estate plan with applicable taxes.

4. How often can I expect to hear from you? A competent attorney should be in regular contact with a client to provide status updates, even if there isn�t much to report. A monthly phone call, email, or letter will help to allay worries and confirm hearing dates so that you don�t get disconnected from the legal process for months at a time.

5. What is the likely course of my case? Your attorney should be able to give you a clear outline of what to expect. Some types of cases might require a few meetings with the attorney. Others might demand court appearances and deposition sessions. Sketch a timeline of projected activity so you can plan accordingly.

After comparing attorney responses to your questions, you may be in a better position to choose the attorney who will work most effectively to protect your interests.

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Seven Sets of Documents You Need For Your Divorce
by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.

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