Maryland Family Law

Free Lawyers for Everyone!

The Wall Street Journal law blog reported on a new law in California which provides a right to counsel in civil cases such as child custody cases.  My first thought of course was, how in the world would California of all places afford this given their woeful finances?  Next, I wondered which state would follow next.  Everyone well knows that an indigent (low-income) person who is arrested is entitled to a public defender representation.  Typically in civil cases, however, people of limited means are often without the funds to hire an attorney and there is a huge shortage of pro bono services and legal aid agencies to provide representation.  There are resources for people who meet qualifications, and you must act fast if you hope to find a pro bono attorney.  Do you think Maryland should provide attorneys to poor people for civil matters? If so, should there be a screening process for cases without merit?

Suing your lawyer

 

Bloomberg.com reported on a new lawsuit filed by Susan Stanford (the estranged wife of R. Allen Stanford) against her erstwhile attorney.  In her suit, she claims that her attorney did not tell her of a verbal settlement offer regarding her divorce.  She is seeking $200 million in damages.  (Yes, you read that correctly.)  If the allegations are true, then I would agree, her lawyer should have informed her about the offer.  Still I can't help but see a few other issues with the viability of the lawsuit.  For one thing, it is common for litigants to have "buyer's remorse."  After the fact, it is natural to start to wonder if you settled for too little, or that you should have taken the offer last proposed.  And finally, does the attorney even HAVE $200 million in assets?  Also relevant is the fact that most complaints about lawyers are unfounded...this is the backdrop by which a judge might look at any complaint.  One always has to keep in mind, sometimes winning your case is only half of the battle, now you have to actually collect that money...but that is a post for another day!

Why you may not want to publicly berate your attorney

If you are seeking contribution to your legal fees, you will need to prove that the amount sought was reasonable and necessary.  In other words, you will not receive an award for legal fees if your lawyer overbilled on the case or handled the case incompetantly.  If you make statements to that effect, you have just made the opposing party's case!  Sometimes discretion really is the better part of valor.  Tameka Raymond, also known as the current wife of R & B star Usher may find this out the hard way, as she posted on twitter that her lawyer was "horrible." 
Hat tip to Carolyn Elefant for her post at, Legal Blog watch. 

Tips on finding the right lawyer for you

There are many questions you should consider asking any attorney you are considering working with.  For example, will the attorney have the time to put into your case, and the necessary knowledge in the specific area of law? Is it important for your lawyer to be tech-savvy?  Some lawyers are generalists, others only practice in one or more specific areas of law.  See this post on attorneys trying to take every case, while some should be referred out.  If your case is complex, you should consider hiring an attorney with a lot of experience in that area.  Sometimes, clients want to know "how many" cases the attorney has won...but what does that really mean?  Getting a favorable settlement?  Winning a case after two years of litigating? 
You should also consider finding an attorney with professional connections to help resolve your matter.  For example, as a result of your settlement or judge's decision, you may need to sell your home, qualify for a mortgage, acquire/increase your insurance, or engage an accountant for tax help.  A knowledgeable attorney can help you find the right people to meet your goals.  Have other thoughts on "interviewing" an attorney?  Post below!

Finding the right lawyer for you

Today, an article on law.com addressed lawyer ratings systems and their usefullness to consumers.  Martindale-Hubbell and (its sister site lawyers.com) has long been the primary ratings system, but only list attorneys who have paid to be included, which many solos and small firms can't afford.  There is also a relatively newer system called Avvo, which uses client ratings.  In the ten states which Avvo covers (which does NOT include Maryland), attorneys can be listed whether they have "signed up" or not, however attorneys can add advertising material for a fee.  Are these companies providing helpful information for consumers?  My answer would be "Not much."  I have seen lawyers rated highly in the Martindale-Hubbell system who I would definitely not refer clients to, and there are many fine attorneys who are not listed simply because the fees are too high.  The most important considering in choosing a lawyer is whether you feel comfortable with the person's abilities and personality.  If you need an attorney, for first steps consider calling the bar association referral line in your jurisdiction, asking a friend for a referral, or asking an attorney you know...attorneys often know other attorneys in different jurisdictions and different practice areas.  For example, your cousin's  divorce attorney in California just may know the right bankruptcy attorney for you in New York!

Things to consider at the START of your case

Jeanne Hannah, a family law attorney in Michigan, has written an excellent article on getting ready for a divorce.  The article lists first steps to take, and gives advice in dealing with your attorney. 

Virtual lawyers

If you haven't already heard of it, Second Life is having an impact on how lawyers find and work with their clients.  This article from law.com describes several lawyers who get business from the virtual world.   Second Life is a computer realm in which participants choose an alter ego, and interact with others.  While  most people will continue to want to meet their lawyer in person, this is a sign that more and more lawyers are embracing technology to deliver their services in an efficient and quick manner.  From my experience, technology is vastly improving client service.  Laptops allow lawyers to work while waiting at the courthouse, cell phones and pda's make it possible for your lawyer to get back to you quickly, and email makes it convenient to receive legal documents rather than courier or waiting for them in the mail.  Is your lawyer tech-friendly?  When choosing a lawyer, you may want to see if he or she regularly use email, have a website and are familiar with tasks such as scanning documents.

Your day in court...against your attorney?

A while back, I posted about the enormous legal bill from Larry Birkhead's attorney, Debra Opri.   Now for the next chapter in this story, Ms . Opri has brought a lawsuit against her former client for payment of her legal fees.   Generally, an attorney requires a retainer agreement or fee agreement before beginning work, which is a legally binding contract.  Attorneys are subject to ethical rules in the state(s) in which they are licensed, which may require certain disclosures or restrictions to protect the client.  Many attorneys include a clause in their fee agreements allowing them to withdraw if you do not pay your bill.  Before taking legal action, you may want to evaluate what the total cost may be, and how much you can afford to spend on legal fees.   

Does your attorney charge too much?

Before you answer, read this article about an attorney in Florida who is claiming that he is owed a fee of $11,000.00 per hour.  True, that is an a complicate trade secret case against Motorola, but legal fees in family law cases can be high as well.  Carolyn Elefant, who writes the blog myshingle.com, also discusses attorney's fees and charges for Larry Birkhead in the Anna Nicole Smith case.  Mr. Birkhead's attorney prepared a 112 page invoice that included lobster dinners, limo and laundry service, and $1,000 dollar dinners.  Her hourly fee was $475 (which was perhaps reasonable considering the difficulty and publicity involved in the matter), however she even billed for an interview with the TV program 20/20 (which perhaps benefitted her as much as her client!)  In Maryland, ethical rules for attorneys require that a fee must be "reasonable,"  and it is common for attorneys to charge for out-of-pocket costs such as court reporters, copying charges, long distance calls, and travel expenses.  There is no specific minimum or maximum fee that attorneys may charge, but the fee must be based on the attorney's experience, difficulty and time-sensitivity of the matter, and the geographic region.  The moral of this story is that you need to discuss fees and related charges with your attorney BEFORE he or she begins to work on your case.  Any attorney worth his or her salt will be able to clearly explain what the rate will be and will be able to tell you what other charges there may be, usually spelled out in the retainer agreement.  Many attorneys keep detailed records of the time spent on a case, so you will know what work has been done for you.   Attorneys typically require an advance payment of fees, with any remaining amount returend to you at the end of your case.  With most cases, it is hard to tell from the outset  what the final cost will be...obviously, if a settlement is reached soon, it is cheaper, and much more expensive if the case needs to be litigated.  If you can't afford an attorney, you may need to represent yourself (called pro se), or you may be qualified for a free or reduced fee attorney, call your local bar association for details, or browse the links on my website for more information.