Jurisdiction:
Area of Law:
Question:
Selected Answer:
Usually, people face the
Submitted by DakotaLegal on
All Comments
Usually, people face the
Submitted by DakotaLegal on
Usually, people face the financial problem of legal costs before they have a chance to develop their best legal position or strategy. This is especially true when a separation has been planned by one partner, who often keeps control by making promises they don’t intend to keep. Even before considering the separation agreement, you need to stop and assess what your legal position is. Have you made any promises, either orally or by your actions? Examples might be paying a certain amount of money, or moving out of the house. I also always suggest to people that they have a daily journal. Going back and marking thing down in a daily calendar can do a lot to jog the memory about what was said…and why.
You also mentioned legal assistants. The fact is that usually, legal assistants can be very good (even better than their lawyer bosses) at filling out forms. These forms can be confusing, frustrating, and either pivotal or irrelevant. Unfortunately, this procedural knowledge very often gives legal assistants an exaggerated view of their knowledge of substantive law. If you feel confident in your abilities to study divorce law, then help with pleadings can be very cost effective. Ask any legal assistant what they know about pro se divorce cases in Maryland. You should also know what their answers should be…. http://apps.americanbar.org/legalservices/paralegals/directory/md.html .
You do have some other options about legal retainers, and we’ll talk about those in a minute. But one very important point will be to avoid the fatigue factor. Since your estranged wife is already represented by a lawyer, we’ve started with the assumption that she already has some advantages over you in terms of negotiation. Many people in your position will be willing (too willing) to accept what seem to be some “wins” while accepting mostly losses. There are local groups in Maryland who can deal with these important issues. http://www.newbeginningsusa.org/nbtest/
The odds are that your wife and her lawyer have sent you an agreement with a basic idea of what they really ant you to accept. Before doing anything, read her proposed agreement and identify what seems to be the most important parts of what she wants. Write up a point-by-ponit response with your ideal maximum counter-offer.
If kids are involved, my own feeling is that it is never worth going ahead without a lawyer as soon as possible. To begin, learn a bit about what a typically fair agreement might say: http://www.uslegalforms.com/divorce/separationagreements/ .
You didn’t mention if there are significant assets, custody, pre-marital or separate property (such as prenuptial agreement) issues. Don’t assume your amiable spouse of now will stay that way in court. For that matter, you may not be either. Some people have found semi-retried lawyers who have a personal motivation: family friends are a great source for these contacts. If you are a Vet, you can get some help too.
There is a possibility of getting some free legal help in Maryland. Usually, the programs are income based, and volunteer many lawyers avoid domestic cases. Here’s an example from Montgomery County:
http://www.montbar.org/displaycommon.cfm?an=1&subarticlenbr=116 .
Though I’ve seen it happen most often for a woman to ‘volunteer’ (trade) work for costs, in a law office, this may be a possibility. Some people have even bartered for legal fees. Ask about free consultations, and be clear going in why you are there: ask about a specific issue and not the “whole ball of wax.” Many “free” consultations, though, are more in the nature of sizing each other up, instead of getting any meaningful help. Some people are better off selling a car or even filing for bankruptcy than getting meaningless “free” advice…the delay is expensive. Maryland also funds the legal Aid Bureau, but the services can be kind of limited. http://www.mdlab.org/How%20We%20Can%20Help%20You
If for any reason, you cannot get free or reduced legal costs, there are ways to try and control your costs, too. Organizing your information will help a lawyer keep their costs down. Having lists and names of contacts with current addresses helps, because much of the prep time in a divorce case falls onto a paralegal, who often investigates these facts. Don’t be afraid to ask if a paralegal helps on your case, and how you can help them, too. Finally, one way to avoid unexpected costs is to over-work your lawyer. It can happen that in calling to offer suggestions, you get charged for trying to help.
Usually, people face the financial problem of legal costs before they have a chance to develop their best legal position or strategy. This is especially true when a separation has been planned by one partner, who often keeps control by making promises they don’t intend to keep. Even before considering the separation agreement, you need to stop and assess what your legal position is. Have you made any promises, either orally or by your actions? Examples might be paying a certain amount of money, or moving out of the house. I also always suggest to people that they have a daily journal. Going back and marking thing down in a daily calendar can do a lot to jog the memory about what was said…and why.
You also mentioned legal assistants. The fact is that usually, legal assistants can be very good (even better than their lawyer bosses) at filling out forms. These forms can be confusing, frustrating, and either pivotal or irrelevant. Unfortunately, this procedural knowledge very often gives legal assistants an exaggerated view of their knowledge of substantive law. If you feel confident in your abilities to study divorce law, then help with pleadings can be very cost effective. Ask any legal assistant what they know about pro se divorce cases in Maryland. You should also know what their answers should be…. http://apps.americanbar.org/legalservices/paralegals/directory/md.html .
You do have some other options about legal retainers, and we’ll talk about those in a minute. But one very important point will be to avoid the fatigue factor. Since your estranged wife is already represented by a lawyer, we’ve started with the assumption that she already has some advantages over you in terms of negotiation. Many people in your position will be willing (too willing) to accept what seem to be some “wins” while accepting mostly losses. There are local groups in Maryland who can deal with these important issues. http://www.newbeginningsusa.org/nbtest/
The odds are that your wife and her lawyer have sent you an agreement with a basic idea of what they really ant you to accept. Before doing anything, read her proposed agreement and identify what seems to be the most important parts of what she wants. Write up a point-by-ponit response with your ideal maximum counter-offer.
If kids are involved, my own feeling is that it is never worth going ahead without a lawyer as soon as possible. To begin, learn a bit about what a typically fair agreement might say: http://www.uslegalforms.com/divorce/separationagreements/ .
You didn’t mention if there are significant assets, custody, pre-marital or separate property (such as prenuptial agreement) issues. Don’t assume your amiable spouse of now will stay that way in court. For that matter, you may not be either. Some people have found semi-retried lawyers who have a personal motivation: family friends are a great source for these contacts. If you are a Vet, you can get some help too.
There is a possibility of getting some free legal help in Maryland. Usually, the programs are income based, and volunteer many lawyers avoid domestic cases. Here’s an example from Montgomery County:
http://www.montbar.org/displaycommon.cfm?an=1&subarticlenbr=116 .
Though I’ve seen it happen most often for a woman to ‘volunteer’ (trade) work for costs, in a law office, this may be a possibility. Some people have even bartered for legal fees. Ask about free consultations, and be clear going in why you are there: ask about a specific issue and not the “whole ball of wax.” Many “free” consultations, though, are more in the nature of sizing each other up, instead of getting any meaningful help. Some people are better off selling a car or even filing for bankruptcy than getting meaningless “free” advice…the delay is expensive. Maryland also funds the legal Aid Bureau, but the services can be kind of limited. http://www.mdlab.org/How%20We%20Can%20Help%20You
If for any reason, you cannot get free or reduced legal costs, there are ways to try and control your costs, too. Organizing your information will help a lawyer keep their costs down. Having lists and names of contacts with current addresses helps, because much of the prep time in a divorce case falls onto a paralegal, who often investigates these facts. Don’t be afraid to ask if a paralegal helps on your case, and how you can help them, too. Finally, one way to avoid unexpected costs is to over-work your lawyer. It can happen that in calling to offer suggestions, you get charged for trying to help.