Last week the Northwest Herald ran an ad by the Woodstock law firm of Gitlin, Busche & Stetler in which the "jerk" factor was explained as a reason for the unknown (and high) cost of a divorce.
First, I have complained to the Northwest Herald on previous occasions that these large, regular box ads need to carry "Advertisement" across the top, so that readers are clearly informed that these are ads. The 2-point font used at the bottom of the message to inform readers that "These Q&A's (sic) are published as a service to the community" should read "These Q&As are a paid legal advertisement."
Any practitioner should be able to explain his fee schedule and estimate total professional fees for a legal matter, even including divorce. The ad claims that fees for divorce are unpredictable because "It is not known how the other spouse will react and what the other spouse will do. Here the "jerk" factor enters into play, that is, how reasonable are you and how reasonable is your spouse."
Well, if one party to a divorce makes outrageous or exorbitant claims for property or support, then the other party is going to say "No! Let the battle begin." Is that person then a jerk? I don't think so.
So a lawyer should just lay out his/her fees: for example, $450/hour for the senior partner; $300 for the junior partner; $150/hour for a paralegal; $80/hour for a secretary.
I'll venture a guess that few clients understand a fee schedule that looks like that or that they read carefully and understand the Engagement Letter that outlines those fees. They also may not understand just how quickly a retainer will be expended. Suppose the senior and junior partners sit down for two hours to "discuss" your case; your retainer will take a hit for $1,500. Will you get your money's worth out of that meeting?
The high cost of legal fees in a divorce is one reason for considering mediation. The two parties sit down with a mediator, whose job it is to work out an agreement between the parties without the lawyers. A lot of lawyers might not like mediation, because it can sharply reduce total legal fees in a divorce. The mediator might be a lawyer, but his job is not to represent either party; his job is to work out a settlement.
If you are considering a divorce or looking for a way to resolve any legal conflict, consider mediation. Do an internet search for "mediation" or "divorce mediation" or whatever you can to educate yourself, as you approach retaining a lawyer or hiring a mediator.
A good start might be www.divorceinfo.com
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7 comments:
Or the couple going toward divorce can grow the heck up and avoid all lawyers fees by filing at the court house themselves. The cost is under $300.00. This takes cooperation by both parties and most adults are not capable of such. But it is an alternative to getting raped by the lawyers and their "jerk factor" fees!
In 1998 I heard a radio interview with Brad Blanton, author of Radical Honesty. The talkshow host commented on a then-recent TV show, during which Brad had gotten crossways with the host, after she said it took 7 years for her husband and her to divorce. Brad made a comment about "growing up" that rubbed her the wrong way. He said, "She didn't like me, and I didn't like her." It was too funny.
I loaned the tape of the program to someone several years ago, and it never made its way back to me. Bummer!
Kind of off topic but relative to divorce and such...
I have a idea for a new website/ blog. Kind of a cross between daytime soap operas and the personnel at the Sheriff's Department.
The idea is something like this.... each week give a sexy Penthouse Forum type prose about the sordid love affairs of MCSD's finest.
We won't use names, maybe just initials or we'll come up with clever descriptors so that everyone knows who is being talked about without actually writing their identities.
Make sure that the language used won't violate any laws but will definitely air some dirty laundry.
Maybe some of the readers can help come up with some good nicknames for deputies.
I can think of a couple.
"Shrek", "Ranger", "Budweiser's Competition", "Paddleman", "My Lung and Shoulder Hurt", "Blinky", "Dog Danny Boy", "Macomb's Finest Reject", "Walrus", "Keeping Up w/ the Jones", "Palm Desert", "Pavlin Pusher", "Lady Steve", "Matt2Sex", "J.C. Penny" "Garfield the Pussycat", "Not So St. Valentine" and last but not least "Gomer Pile".
I bet there are sexy stories of love and lust just waiting to be told.
I wonder what Sir Pumpkin thinks. Maybe he'll be interested in printing these tales.
I wonder if divorces could sky rocket for deputies if these stories were written about?
Let's find out!
Idea Man,
That's great! I think I could help you with this.
Up until now no one has put out the stories of office romance.
I have some stories to tell that I haven't made public.
My good buddy Pyle thinks it's a great idea.
Like that time in London with the "Ranger". Remember?
Or that night at Buffalo Wild Wings with Anderson's sister. How old was she?
I have some better names for you.
Instead of using goofy kids shows like "Bob the Builder" we can say "Hair Club for Men" of "Miller Time".
We could just go on and on about "Miller Tme". Turkey Testicle Festival, anyone? Or maybe we should head to the strip joint in Waconda?
Maybe U.S. Army Captain Pyle should converse with the troops before he embarks on any more character assassination attempts. There might be some colateral damage.
Captain Pyle might want to run it by Nygren too. There are some authors dying to post sexy tales of Crystal Lake beach nights and John Evans' romances.
Reel the idiot in Keith. You have 8months till November.
And some of us have nothing better to do.
"Revenge is a dish best served cold. And it is very cold in space."- Khan from Star Trek II.
I always thought Shakespeare was kind of gay. How about you Greg?
LOL Sir punkin you are truly dumb. Whatcho gonna do when they spread tales of YOUR exploits. O, I have it, you can use another aliase.
You must be sewercidal, Zane!
David, are you going to leave more documents about Zane on the roll call tables and in the mailboxes. Are you going to tell his wife about something that they have already worked out. You might want to talk to your buddies at the SO before you throw any stones from your glass house. Others have stones too.
I'd rather pay a good marriage counselor the hourly rate any day, rather than line the pockets of someone who actually received a degree in the not-so-fine art of argument. From my experience with divorce at several levels, it might be viewed as financial and emotional suicide, and should only be used as a last resort after other reconciliatory measures to heal a relationship have been exhausted. There are certain circumstances which warrant divorce. However, much like the decision to introduce a surgeon's knife into an out-of-control malignancy as a last resort for healing, while simultaneously causing the cancerous cells to multiply and spread even faster, the ongoing and multiple consequences of the legal destruction of a relationship may only be described by those of us who have experienced it as a living death. Marriage is not for everyone. Better to be alone than with the wrong person.
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