Posts filed under 'attorneys'

Strategies for keeping your legal costs down

I know from the many people I speak with, that the monthly statement from their lawyer’s office seems to be the last piece of mail to get opened. It’s not like you are running to your mail to see if it is there. And, the questions you ask yourself as you open the statement can make you anxious. Are there enough funds in the retainer to cover this bill? Do I need to submit additional money? Why can’t I keep the bills down? Why does the bill add up to so much so quickly? Why? Why? Why?

Instead of asking yourself why, utilize the how to strategies to keep your legal costs down, while maintaining control over what is going on in your file.

 

Here are some cost saving tips to help you cut down on your legal bill:

 

Maximize your meeting time

 

- Schedule your meetings through your lawyer’s assistant.

 - Make a list of questions you would like to discuss, organized by topic or issue.

 - Have an agenda ready, with all items and issues to be discussed.

 - Take notes.

 - Do any follow-up work the lawyer gives you (reviewing documents, contacting a specific specialist, and so forth), and make sure it is done in a timely manner.

 

Make all communications cost effective

 

 - Save up your questions. Don’t call or e-mail your lawyer every single time you have an inquiry.

 - Check with your lawyer first and find out how he or she likes to handle communications–via e-mail, phone calls, or meetings with prepared agendas. Also ask for recommendations on making your communications more efficient.

 

Provide as much written information as possible

 

 - Many lawyers have their clients write out an account of their marital history. Ask your lawyer if this is what should be done.


Use your lawyer’s services cost effectively

 

 - Listen to your lawyer and take notes.

 - Remember, if you want to vent and complain about your soon-to-be ex-spouse, the meter is still running.

 - If you are able to, do certain tasks, such as filling out the financial statement, yourself.

 - Don’t micromanage (pay extreme attention to the small details of) your case. This only causes your legal bills to escalate and slows down the process.

 

And, if there is something that doesn’t make

sense to you, ask your lawyer.


Add comment August 11, 2008

Working effectively with your lawyer

A smart divorce involves moving effectively through the divorce process and understanding the roles both you and your lawyer play during this time. Although you’re the one paying for the lawyer’s services, you must be involved and realize it’s a job for you, too. There are some strategies you can use for working effectively together in order to save you time and money.

Your lawyer’s job

  • Develop Realistic Expectations - One of the first things you will do with your lawyer is to discuss what you can expect to receive or pay out in terms of spousal support, child support, custody of and access to the children, and division of matrimonial assets. Your lawyer can help guide you as to what a realistic outcome can be. Trying to obtain a result which your lawyer does not feel you can achieve will only cause you to incur more in legal fees, heartache and frustration.

  • Maximize the Economic Outcome - Lawyers view their job as getting the best deal for their clients, but the best deal may not necessarily be the biggest number, because there are other issues as well. Sometimes a lawyer prefers a smaller deal to ensure that the client will collect what was agreed to be paid, or to avoid a trial that might further damage the relationship between parties who must continue to co-parent their children. For this reason, a lawyer’s idea of the best deal and the client’s idea of the best deal may be different, and sometimes lawyers must get clients to realize that what is best for them isn’t necessarily what they think is best.

  • Look Out for Your Children’s Best Interests - Many lawyers’ first focus with their clients is on working things out for the children. Unfortunately, some parents are still so emotionally distraught, or were such poor parents in the first place, that they do things that are in their own best interests, not the children’s. They attempt to hurt the other parent, which is ultimately bad for the children. Ethical lawyers will not deal with crazy agendas and destructive goals.

Your lawyer will advise and recommend, but will leave the final decision on any course of action to you, the client. If you want to work effectively with your lawyer, it’s as much a job for you as it is for him or her. Make sure you ask lots of questions, do your research and be informed.


Add comment July 14, 2008

The Smart Divorce Workshops


New workshops have been added:

Limited space is available in The Smart Divorce® Workshops. These workshops are appropriate for individuals contemplating or already experiencing a divorce. Strategies for reducing financial costs and personal turmoil will be presented. Participants will learn what to expect legally and emotionally, and so be able to move through the process with confidence and focus while saving time and money. A subsequent session will address parenting issues, how to work with parenting experts more effectively, and available resources. Feedback from therapists and lawyers has indicated that The Smart Divorce Workshops have helped to prepare individuals for the process and make them better clients; while saving them time money – and their sanity.

Program details:

The Smart Divorce: Learning the Basics –

September 16, 2008

The Smart Divorce: Parenting Through Divorce –

September 23, 2008

Time: 7:30 – 9 pm

Location: 12 Lawton Boulevard, Toronto

(Yonge and St. Clair)

For more details, click on the pdf file below:

the-smart-divorce-workshop-invitation-sep08-pdf

If you feel that you could benefit from these workshops or for more information please contact Deborah Moskovitch at 905 695 0270 or by email at info@thesmartdivorce.com.


Add comment July 10, 2008

Developing Your Separation Agreement

Considering All the Divorce Options

Did you know that there are options to arriving at your separation agreement? Going into my divorce, I didn’t realize there were any options. Maybe I watched too much TV, but my perception was that everyone went to court and litigated–went to trial before a judge. I was completely wrong. I didn’t understand that litigation is not the preferred method of resolution. All lawyers would agree that in most situations, it is the method of last resort; it usually signals a breakdown in negotiations outside the courtroom. The other options besides litigation are called alternative dispute resolutions, or ADRs.

The best-practices thinking is that ADR ought to mean

“appropriate dispute resolution,”

of which litigation is one choice.

Understanding each ADR process is vitally important. Although no one should walk into a lawyer’s office and immediately say, “I want dispute resolution X”–lawyers evaluate which dispute resolution process to pursue based on the nature of the problems and issues–being aware of your choices can help you maintain control and contribute to making decisions with confidence.

Which option provides the best outcome?

All of these modalities can produce either a good outcome or a bad one. Mediation, arbitration, trial–nothing about them, alone, predicts either a good or bad outcome. All carry variables such as a good judge or a bad judge, a good mediator or a bad mediator, a good lawyer or a bad lawyer.

There are five ways to come up with your separation agreement without going to court. You should be well informed about these when considering the best way to arrive at your separation agreement. Why does this matter? It matters because it’s not always about going to court.

The truth is, there is no such thing as revenge in divorce, the only thing you will get are legal bills.

What are your choices and options?

  • Do-it-yourself
  • Negotiation
  • Mediation
  • Collaborative family law
  • Arbitration
  • Litigation

Which Option Is Right for You?

Even choosing which dispute resolution option to take can become a fight for a divorcing couple. Don’t invest yourself in particular outcomes. Your goal should be as reasonable a dissolution of your marriage as possible under the circumstances. You do not have–and you will not be able to get–complete control of the options or of how the other side acts within them.

A good lawyer will emphasize that it is extremely unlikely that anyone is going to walk away having won completely. I’ve been told by many lawyers that they make most of their money from clients who are stubborn. But many lawyers also say that they would accept slightly lower fees for easier clients, even if they have to take on more clients to make up the difference.

Information about dispute resolutions and more is covered far more comprehensively in The Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers, Counselors and Other Experts. Available wherever books are sold, amazon.com, amazon.ca, barnesandnoble.com and many other webseller book sites.


Add comment March 22, 2008

The Smart Divorce Workshops

Limited space is still available in The Smart Divorce™ Workshops. These workshops are appropriate for individuals contemplating or already experiencing a divorce. Strategies for reducing financial costs and personal turmoil will be presented. Participants will learn what to expect legally and emotionally, and so be able to move through the process with confidence and focus while saving time and money. A subsequent session will address parenting issues, how to work with parenting experts more effectively, and available resources. Feedback from therapists and lawyers has indicated that The Smart Divorce Workshops have helped to prepare individuals for the process and make them better clients.

Program details:
The Smart Divorce: Learning the Basics – February 23, 2008
The Smart Divorce: Parenting Through Divorce – March 1, 2008

Time: 9:30 – 11 am
Location: 12 Lawton Boulevard, Toronto (Yonge and St. Clair)

If you feel that you could benefit from any of these programs please contact me at
905 695 0270 or by email at info@thesmartdivorce.com.


1 comment February 17, 2008

Divorce Survival Tips

 

Managing a divorce is a process. You might be wondering if it’s really possible to get a smart divorce and move on to a better life? The answer is yes - with a lot of hard work. Divorce is probably one of the most emotional experiences you will ever face. The process can be overwhelming. But, it need not be, if you are able to make your decisions with focus, hope and confidence.

How to Make Smart Decisions About Divorce

Get informed about the divorce process. Take the time to find a divorce lawyer that is right for you. Don’t be afraid to ask questions. Make sure to understand the dispute resolutions negotiation, mediation, collaborative family law, arbitration, mediation/arbitration and litigation. As best you can, try to treat your divorce as a business transaction; keep the emotions of divorce out of your lawyer’s office. You’re in charge; make sure to understand all your options before making decisions. Information is knowledge and knowledge is power!

Staying Sane Throughout Divorce

Divorce has become so common today that people underestimate how powerful an experience it is. Understand that you are grieving your divorce, which is normal and to be expected. The fact is you are experiencing losses you probably never thought would happen. To help get you through this difficult time, develop your support network including friends, family, clergy, parenting groups, divorce groups, and/or a therapist. I promise you, you will feel better. As the saying goes - time is a healer!

Coping Strategies

The number-one coping strategy is to get yourself in a position of wanting very little from your ex-spouse. The less you want from him/her, the less frustrated you will be. Think about it - if you couldn’t change your ex when you were married, you certainly aren’t going to change him/her now. Also, realize you will never get the apology you want and may even deserve. Taking control of your life, getting organized and making informed decisions will be empowering.

Moving On

You need to give yourself the opportunity to explore and consciously make choices about the life you want to lead post divorce. Envision what you would like life to like to look like when you are ready to start moving on, and think about what you need to do to get there. Don’t procrastinate! It’s up to you to make these things happen. Your goal should be to create a better life today than the one you had before.

Your New Found Time

You will likely have to get used to the fact that your children are not going to be with you 24/7. They will be spending part of their time with your ex and part with you. You can’t control what goes on when your kids are with their other parent. Learn to let go and don’t worry about the stuff you can’t control. Use the time when your kids are not with you productively. Pursue your dreams and your interests. Maybe now you will even have the time to see a movie or go to the gym. So, go to your closet and clean out the emotional demons, put on your favorite jeans and t-shirt or great new outfit and make plans for a fabulous evening. Just go out and have fun!

 


1 comment February 14, 2008

How To Achieve A Smart Divorce

Divorce is a process:

  • understand the “emotional divorce” versus the “legal divorce”
  • understand the various dispute resolutions available
  • make informed decisions
  • minimize the financial, legal and emotional stress

Be SMART about your divorce

State your goals and objectives at the beginning. Make sure these are realistic.
Maximize your information and knowledge base.
Avoid reacting to your emotions.
Retain the best possible divorce team your budget allows.
Treat your divorce as a business transaction.

How to start The Smart Divorce

  1. Develop your support network – therapist, support groups, clergy, divorce consultant and friends.
  2. Choose your lawyer carefully - go to a consultation before you decide to retain
  3. Be informed. Understand the dispute resolutions – do-it-yourself; negotiation; mediation; collaborative family law; arbitration; litigation.
  4. Put your children’s best interests first.
  5. Hire the right team of professionals based on your needs – parenting expert; financial adviser and others.
  6. Get your finances in order.
  7. Stay organized – create your divorce notebook and divorce journal.
  8. Have a vision for how you want your life to unfold and develop strategies to get there.

1 comment February 12, 2008

Smarting About Your Divorce?

There is a way to have a smart divorce and move on in a healthier, less painful way. Hi, I’m Deborah Moskovitch, a divorce consultant and educator and author of

The Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers, Counselors and Other Experts.

I created this blog for the same reason that I wrote the The Smart Divorce. I realized that most people going through divorce are confused and don’t know where to turn to for information. I learned that many people feel alone and are looking for some impartial advice. That is what I provide through “The Smart Divorce”—the understanding and education about the divorce process so that people can make decisions with confidence and move on with the rest of their lives - intact and without regret.

Use this blog as your support group, educator and guide. I invite you to share your comments, ideas, thoughts, concerns, feelings….anything and everything about divorce. You will see, you’re not alone. I also invite you to visit my website at www.thesmartdivorce.com. The secret to being smart about divorce means managing the emotional side and the legal side of divorce separately. If you can do this, you are likely to save time, trouble, and money on your way to a smart divorce and a better life. We have a responsibility to ourselves, our children, our future and their future. I look forward to hearing from you………Deborah


4 comments February 11, 2008


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