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Hiring a Family Law Attorney

August 11, 2015 by Denise VanLanduyt

I can often be heard saying, “people spend more time doing research to buy a new car than then to hire a lawyer.”  Grant it, many people come to us as referrals; meaning we represented their friend or a family member and received high marks.  But, many of our clients come in cold from a Google search or some other random search or even the phone book.  In my 15 years of practice and fielding these calls, I note that potential clients sometimes jump at the first lawyer that will call them back – that includes me.  Perhaps this is because of the urgency to speak to someone, which is understandable.  Family law matters are emotional, hurtful and do often come with a sense of urgency to bring order back to a life turned upside down.  But, this can be a downfall if it means not considering all options for good representation for your particular situation.  This can also be costly, sometimes leaving the client with no funds to retain a new lawyer if the first one does not work out. 

 
What to do?  Approach hiring a lawyer with all the seriousness you do with any other major purchase.  Remember, you are paying for a service after all. 
 
Financial:  What and how are you paying?
 
The Cost  
 
You’ve heard the saying: you get what you pay for.  That can be true on both sides of the economic spectrum.  Be weary of low or flat rate fees for litigation matters.  But, be just as weary of high or inflated hourly rates.  Just because the rate is sky high doesn’t mean you are necessarily getting better representation.  Do your research.  Get quotes on the overall cost for your particular situation.  Compare the costs to discern what is commiserate and reasonable for your matter.  Lawyers will not be able to give you an exact figure as there may be variables, such as who the opposing counsel is, how much your spouse or significant other wants to fight, etc.  But, a good lawyer should be able to give you an estimate for what you can expect to pay for your type of case and should be able to explain the fee structure to you.  The fees should always be reasonable to your situation.  
 
Retainers and Billing Practices   
 
Ask about the firm’s policies on retainers and billing and get it in writing.  Be sure you fully understand the financial relationship you are about to undertake before signing a contract. 
 
According to Abraham Lincoln’s Notes on a Law Lecture accepting a fee paid in full and upfront could lead a lawyer to be disinterested in the matter, perhaps even negligent of his/her obligations to the matter.  Paying a small retainer up front – to be earned – or a small flat fee for limited work may be a better practice for both the client and the attorney.  It keeps both the lawyer and the client on a level field with each other and keeps the consideration ever constant.  Remember, you are paying for a service, so it is best to understand a firm’s billing so you can choose which method best fits your situation; even if that means going with a different firm.  
 
Traditional Retainer.  Some firms require a retainer that is then held and applied to the last billing; requiring you to pay monthly.  
 
Refundable Retainer.  Many firms, like our firm, have a refundable retainer.  We take an agreed upon sum up front and hold it in trust.  This retainer is then billed monthly with the client providing no additional funds unless the retainer is exhausted.  Any money remaining in the retainer is refunded to the client at the end of a case. 
 
Earned Retainers and Flat Fees.  An earned retainer is an arrangement where part of your upfront payment is earned immediately upon retaining the firm or upon some act.  This may mean the funds are not subject to any line item billing leaving the client with no visibility into the work being done by the firm.  Also, be weary of firms that charge a “fee” plus a retainer or an earned retainer as such may not be in line with ethical practices.  Ask what the “fee” is for and how it applies to the services you will receive. 
 
Flat fees are a growing new trend, geared to do away with the billable hour practice.  Our firm will use a flat for smaller ticket items, such as an uncontested divorce or limited work such as drafting a Will, name change or power of attorney.  However, be sure you have a good understanding with your lawyer about what you will get if you do pay a flat fee, especially if you hire a lawyer that uses this model for all services, including complex litigation.  This may require you to pay upwards of $25,000.00 up front therefore understanding the terms are critical. 
 
Contingency Fees.  This is when a lawyer is paid an agreed upon percentage of an award at the end of the case.  Do know that in Georgia it is unethical for a lawyer to negotiate a fee contingent upon the divorce or the award of alimony or support. 
 
Monthly billing.   Discuss monthly billing practices during the initial consultation.  Be sure you receive a statement each month.  When hiring a lawyer, ensure that there will be an open line of communication should you have any questions about billing. 
 
The Attorney-Client Relationship: What are you getting?
 
A good Fit  
 
We want your business, no doubt.  But, I find that the strongest attorney-client relationship is formed and works best (for both parties) when there is a good fit.  This is especially true with family law matters; matters that are emotional for the client.  You should also feel comfortable with the lawyer; feel as if you can tell him/her anything.  A good lawyer will know his/her limits of expertise on your case and should be honest with you about those limits. 
 
A Lawyer First 
 
The lawyer’s job is to advise, to give guidance and believe it or not, tell the client when they are wrong.  Your lawyer is not your friend and they should not just be a mouthpiece.  After all, you hire a lawyer for their legal experience, knowledge and to give you all possible solutions.  A lawyer should protect you even if this means telling you that what you want is not attainable.  We call that being ethical. 
 
You can certainly hire a lawyer to do what you want; however you may not be happy with the end results.  Use a lawyer for his/her skill set; let them advise you and guide you.  Do not be afraid to ask questions of your lawyer about the strategy.  Involve yourself in the process – after all this impacts your life.  My advice, hire a lawyer who is focused on your case and not one who is focused on your money.  
 

 
160 Clairemont Avenue – Suite 450 – Decatur, GA – 30030 
Tel. 404-373-9446
denise@vanlanduytlaw.com  
www.vanlanduytlaw.com 

 

Filed Under: Uncategorized

The Do’s and Don’t of Family Law Mediation

July 7, 2015 by Denise VanLanduyt

Over the years I have helped resolve numerous family law matters as the mediator.  In doing so, I’ve made a mental list of what works and what does not work in assisting two people (usually parents) resolve their differences without the need for a trial.   I have also observed how people (lawyers included) conduct themselves during mediation and what is helpful and was is not.  

Do be prepared.   Having updated financial information and parenting plans readily available is very important to discussing the terms of any settlement.  Too many meditations break down because of the lack of information. Remember, one cannot agree upon something if they have no way to verify exactly what he/she is agree to. Failure to provide information can also be a signal to one’s commitment to the mediation process. 

Do listen.  Many, including lawyers, come into mediation so focused on their end game that they fail to really hear the other side and consider options.  Put aside the emotions and the legal strategies and listen to what the other side has to proffer.  You may be surprised. 

Do consider options. Just because the other side or your soon to be ex-spouse proposes an idea doesn’t mean that it should be automatically dismissed.  A productive discussion of ideas is the best path to a resolution, especially where children are concerned.  

Do submit a proposal ahead of time.  Having an understanding of the other party’s position prior to the mediation can lead to a much more productive session.  This also helps the mediator structure the negotiations.  Having a point of discussion ahead of time also signals who is invested in the process and who is not.  

Don’t litigate.  This don’t is primarily for the lawyers.  Mediation is not just a cog in the litigation machine.  Rather mediation is like the off ramp from the hectic speeding highway of law.  It is a place to slow down and put fault and blame aside so the parties can really focus on solutions.  Lawyers, most often, have a hard time with this.  But, allowing the client to use this space to truly talk through the issues, without the distractions of legal strategies or what they may “win” in court, will promote a better discussion and ultimately a better outcome. 
  
Parties who are able to resolve their issues are often in a better position to mend the hurt and pain caused by divorce, especially with regard to their children.   

Denise D. VanLanduyt, Esq. is a certified mediator and arbitrator in the State of Georgia.  She is also registered with the Georgia Office of Dispute Resolution.  

 
160 Clairemont Avenue – Suite 450 – Decatur, GA – 30030 
Tel. 404-373-9446
denise@vanlanduytlaw.com  
www.vanlanduytlaw.com 

Filed Under: Uncategorized

With the Right to Marry comes the Right to Divorce

July 2, 2015 by Denise VanLanduyt

The United States Supreme Court decision issued on June 26, 2015 in Obergefell v. Hodges once and for all gives same-sex couples the right to marry in any state.  The decision also requires all states to recognize those marriages lawfully performed in other jurisdictions.  Many are jubilant with the decision as they can now marry in their home state.  Others are simply relived because now they can seek a divorce.    
In 2003, Massachusetts led the way as the first state to recognize same-sex marriages.  Leading up to the latest decision, a total of 37 states and the District of Columbia allowed same-sex marriages.  This means, legal marriages have been available to same-sex couples for the past 12 years in the United States, not to mention in other countries such as Canada (2005) and Spain (2005).  This was great because couples could travel to any of these destinations, apply for a marriage license and voila, they were hitched!  Many couples in fact did travel in search of a legal marriage and have been wed for years. 
The problems started when couples traveled back their home states where the marriage was not recognized as legal.  Since the marriage was not recognized, there was no option to legally dissolve the union when marital troubles started.  To make matters worse, because divorce is based upon residency, same-sex couples truly found themselves wed-locked.  This was true even after the federal government recognized all marriages by virtue of decision in United States v. Windsor issued on June 26, 2013. 
But, now, since all states are required to recognize marriages, divorce is possible and is easily accessible in the state where you live.   This is a relief to many because the decision now allows same-sex couples to make use of all of the protections of a civil and orderly dissolution available with right of divorce recognized by their now legal marriage. 
If you are seeking relief from your legal marriage we can help.  Contactus at VanLanduyt Greer to set up a consultation with one of our family law attorneys to discuss your divorce.    
160 Clairemont Avenue – Suite 450 – Decatur, GA – 30030 
Tel. 404-373-9446
denise@vanlanduytlaw.com 

Filed Under: Uncategorized

Before you say “I do.” Legal advice for the same-sex couple.

June 23, 2015 by Denise VanLanduyt

Marriage license, check.  Flowers, check.  Wedding cake, check.  Venue, check. Rings, check.  Food, music and lots of family and friends, check, check, check and check. 
Meeting with lawyer, wait, what?!  Why on earth would you meet with a lawyer before the happiest day of your life? 
Same-sex couples considering saying “I do” need to be aware of what that may or may not mean in Georgia with regard to ownership interest in real and personal property.  Even with the sweeping decision from the United States Supreme Court, the marriage itself will not be the magic wand that makes all things “ours.” 

So, add one more item to your to do list.  Consult with a lawyer to discuss how to navigate the various legal intricacies in Georgia law you both may face with regard to real and personal property ownership interests even with a legal marriage.  A simple pre-nuptial, post-nuptial or merger agreement may be all that is necessary.  Taking this extra step will give you both the peace of mind that what you intended is truly as you intended – yours together. 

Contact us today to schedule a consult.  
160 Clairemont Avenue – Suite 450 – Decatur, GA – 30030 
Tel. 404-373-9446
denise@vanlanduytlaw.com 

Filed Under: Uncategorized

So, you are going to Court.

January 21, 2014 by Denise VanLanduyt

Not too long ago, I had the opportunity to address the women incarcerated at Arrendale Prison.  All 30 women in the classroom with me were Mothers.  All were serving sentences of five years or less.  They all were prepared to ask me questions about my area of expertise – family law.  Upon a show of hands, almost all had a pending legal issue; mostly dealing with custody or visitation.  Only two were represented by counsel. 

I am all too familiar with the unrepresented client, i.e., pro se.  Before going any further, and after a brief introduction to the State Court system in Georgia, I thought it was a perfect opportunity to discuss with my new students what to do in Court.  These simple guidelines easily to apply to all clients, perhaps some lawyers as well. 

1.   Dress appropriately.  I always tell my clients dress like you are going to Church.  No jeans, tennis shoes, or ball caps.  Men do not necessarily need to wear a tie, but wear nice slacks and a pressed shirt.  Women too should be appropriate.  Erring on the conservative side is best practice.  If you have to leave and go back to work, and you wear a uniform, that is fine.  Just be sure to let your counsel know in advance. 

2.  Be on time.  Be at least 15 minutes early to Court. When you enter the courtroom, sit down and be quiet.  Do not talk while waiting for your case to be called. Be patient.  This is not a time to play on your iPhone or read a book. 

3.  Leave your child at home.  There is no reason for a child to be in Court.  Unless the Judge or your attorney has instructed you to bring the child with you, make arrangements for their care or make sure that they get to school.

4.  Be sure your phone and/or pager is turned off before entering the Courtroom. Nothing irritates a Judge more than a phone ringing when he or she is trying to address cases.  If your phone rings in the courtroom be prepared to turn it over to the bailiff or even face paying a fine. 

5.  Stand when the Judge comes into the Courtroom.  Stand whenever you are addressed by the Judge.  Respond respectfully and answer his or her questions.  If you have an attorney, stand and let him or her speak for you.  The rule of speak only when spoken to is a good way to ensure you are honoring the respect of the Courtroom.  If you want the Judge’s attention or desire to convey additional information, ask permission, e.g. “Your, Honor, may I……?”

6.  When sitting at counsel’s table, avoid all urges to make noises, gestures or the like.  The Judge can hear every sigh, groan, grunt, sheesh, that comes out.  And, remember, even if you think the Judge is not watching, they are.  The Judge will see every move you make, every crossed arm, every eye roll, every jerking motion to talk to your lawyer and every haphazard movement to scribble a note to your lawyer.  Judge’s watch body language.  Leave the attitude and the ego outside the courtroom.  Remember to be respectful and you will be fine. 

7.  Be prepared.  Have all your documents with you in duplicate.  Have your facts ready and be clear and succinct.  Remember, the Judge can only consider what you present.

Denise D. VanLanduyt, Esq. is both a certified/registered Mediator and a certified/registered Arbitrator in the State of Georgia. She has been licensed to practice law in Georgia since 2000, Ms. VanLanduyt has over 12 years experience as a family law attorney in and out of the courtroom. She is a founding member of the Family Law Section of the DeKalb Bar Association. Ms. VanLanduyt is a frequent speaker on topics related to family law. 

Filed Under: Uncategorized

Mediation and the Mediator

June 20, 2013 by Denise VanLanduyt

What is mediation?  As explained by the Georgia Commission on Dispute Resolution (GODR):

Mediation is a process in which a mediator helps parties negotiate their differences with an eye toward resolution and settlement. The mediator has no authority to make a decision or impose a settlement upon the parties, but instead tries to empower the parties to make the decisions themselves. The mediator does that by focusing the parties on their needs and interests rather than on their rights and positions. Although in court, the parties may be ordered to attend a mediation session, they are not required to settle their case in mediation. If the parties are unable or unwilling to settle in mediation, their case returns to the court for trial; the parties lose none of their rights to a jury trial.

Who is the mediator?  The mediator is a trained individual who is able to fully implement the above guidelines; ensuring a self-determinative process. Training in Georgia is rigorous.  Trained mediators undergo 28 hours of General/Civil mediation training which includes practicums.  The General/Civil must be taken before taking the domestic mediation training.   Domestic mediation training is a 42 hour course and also includes a practicum component.  Then, there is a domestic violence component (separate from the domestic training) which qualifies a mediator to be involved in cases with domestic violence. This training certifies the individual as a mediator.  The mediator is encouraged then to register with the GODR, which requires continuing education credit in order to maintain the standing.  All court associated mediators must be certified and registered with the GODR.  Mediators are trained, educated and required to adhere to a strict guidelines of ethics which benefit all families they work with. 

What is a self-determinative process?  It is a process guided by a trained neutral who assists the parties in working through their issues and coming to their own decisions.  As I have italicized above, the mediator does this by focusing on the needs of the parties rather than on their rights and legal positions.  This can be difficult, especially when parties are represented by lawyers.  Using a trained mediator can ensure that the parties have the opportunity to focus on solutions rather than focusing on what a Judge may do or who may have the winning argument.  For many lawyers, this can be very difficult to understand and implement.  But for families, it can be a great venue to prevent further damage.

When selecting a mediator, many lawyers choose individuals who have years of experience in domestic matters, but are not trained mediators.  This is perfectly fine, so long as your client is made aware of the fact that the lawyer is not a trained mediator and that the mediation process may not be  as described above.  Having years of experience in domestic law may be great for a late case evaluation, but may miss the mark in giving the parties a true shot a finding their own resolution. 

All mediators who have undergone the intense training described in this blog and who are certified can be found at www.godr.org.

Denise D. VanLanduyt, Esq. is both a certified/registered Mediator and a certified/registered Arbitrator in the State of Georgia. She has been licensed to practice law in Georgia since 2000, Ms. VanLanduyt has almost 12 years experience as a family law attorney. She is a founding member of the Family Law Section of the DeKalb Bar Association. Ms. VanLanduyt is a frequent speaker on topics related to family law. 

Filed Under: Uncategorized

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160 Clairemont Avenue, Suite 450
Decatur, Georgia 30030
Tel. 404-373-9446
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