Posts Tagged ‘price’

Frontline Prospective On Child Custody Law

Friday, April 13th, 2018

Working under Matthew Poole, a saying that I hear almost every day in the office is: “if everyone was reasonable, child custody lawyers would be out of a job.” As the main individual who handles calls to our office, I can tell you from first-hand experience that this is true. Working in a family law office can definitely show you the bad side of good people, and the people that call our office are usually in situations where tempers and emotions are high. As the person in our office who handles the majority of these calls, my perspective is that there are things that people can and should do to both save money and to help their situation in the long run.

From the start of my employment here, I noticed some commonalities between the variety of different calls we would receive on a daily basis. The main commonality in every call that we have received is lack of communication between the potential client and the person they are having issues with. If I could give any advice to those in these situations it would be that communication is key. There are so many situations where if the two people could just put differences aside and start a conversation with one another, it would save them so much heartache and money. After an extensive case study on custody matters, our office has found that 25% of people agree to settle their case with the same agreement that was offered to begin with. This shows that if the two people could just communicate without getting attorneys involved, they would not waste thousands of dollars on litigation; giving them more money to spend on the child.

I understand that communicating in situations like divorce and child custody can be tough. But in those circumstances, particularly when children are involved, being able to talk to the other side is vital. For instance, being able to have an open dialogue with the other parent in a child custody case can and will make it easier to deal with them later on down the road. Even though it’s hard, it would be so beneficial for the children if their parents were able to talk and communicate with each other about the children’s needs. It’s not easy for someone going through something like this to shelf their emotions and be the first one to reach out and start a dialogue, but in all honestly it is the best course of action to resolve their issue. To put it simply, every dollar spent on a lawyer could be spent on the kids. Why waste resources on litigation when simple communication could resolve the issue and leave that money available for the child? Doing so would dramatically decrease stress and replace it with tranquility. Just remember, the happier that a parent is, the happier the child will be.

Price is certainly something that most potential clients are sensitive to, and therefore we encourage all of our clients to attempt to talk with the other side as much as possible. Communication can help iron out many of the problems present, and can lower costs greatly for both parties. We understand this can be tough in a situation where there was a falling out of a once caring relationship. Unfortunately, there are times where starting a conversation is next to impossible and getting an attorney involved is the only option. If you believe hiring an attorney is your only avenue of relief, call the Law Office of Matthew S. Poole. We will do our best for you when communication has broken down in your relationship to get you a fair result.

Written by J. Tyler Cox, J.D. Candidate, Mississippi College School of Law, Class of 2018.

Are Attorney’s Fees in Child Custody Cases Negotiable?

Wednesday, November 1st, 2017

Clients have more ability to negotiate attorney’s fees in child custody matters than they often realize. It is obvious to anyone who has had the burden of hiring a qualified attorney in a child custody matter, whether a first proceeding (a.k.a. initial adjudication) or a modification of custody/visitation that cost is always a serious obstacle-even insurmountable to the person living paycheck to paycheck. Depending on a variety of factors, it is typical that custody cases in Mississippi Chancery Courts can take anywhere between 25 and 150 hours of attorney time, and often even more if an appeal is necessary. Experienced custody attorneys usually charge between $200 and $300 per hour, so doing the math can be a scary thought, to put it gently.

It is important that you consider several factors in hiring a domestic lawyer, particularly when obtaining custody of children is the paramount goal. For one, do not hire an attorney who has practiced for a short duration of time (i.e., less than 6-8 years). Also, exercise extreme caution when considering an attorney who practices in multiple areas. Lawyers that litigate injury cases, criminal matters, contractual issues, and custody/domestic law are jacks of all trades, and masters of none. I have rarely observed an attorney that can wear multiple hats effectively. The best family lawyers are focused exclusively in that area, and I battle with the best domestic lawyers in Mississippi on a regular basis. The volume of statutes and case law within even one area of legal practice is difficult to ever have a firm grip upon…..the more areas of practice, the more irons on the fire, and the fire will extinguish itself. Buyer beware.

So what is the best advice, the lessons I can help the legal consumer to benefit themselves and, in kind, their children? The following is a list of basic precepts that will ensure you do not overpay for your domestic attorney, in no particular order;

Don’t attempt to negotiate the retainer AND the hourly rate, pick one and run with it. Since most domestic litigation exceeds the retainer, I would suggest you offer your prospective attorney 20% less than their advertised hourly rate. Even if you can only achieve a 15% reduction you will save a significant amount and make your retainer stretch further than it would have otherwise.

If a significant amount of travel will be needed to prosecute/defend your case, offer the lawyer only one-half of the hourly rate for litigating, my quarter says they will most often accept.

Offer to pay a small expense stipend/retainer ($350-$400) in exchange for a reduced retainer/hourly rate…this will cut much of the hassle lawyers face with seeking expense reimbursement. Time is money for attorneys, and time saved is money earned.

You have nothing to lose, except, well….hard-earned money. Don’t be afraid to ask. The worst you can expect is a resounding “No.” Most lawyers are realists, and we know that there are too dang many of us. You have more leverage in negotiating fees than you may expect.

Always take time to scrutinize your fee-statement. Lawyers are (believe it or not) usually fairly decent and ethical people. However, if something stands out as unusual or if there are an excessive amount of phone calls on your bill, don’t be afraid to question the veracity of those charges. It is not unusual for domestic cases to be 30-35% phone calls, but anything more is highly questionable at the least unless you require extraordinary client attention.

Hiring a domestic attorney can be a nerve-racking experience, and one that should not be taken lightly. Mississippians work hard for their money, and they deserve to feel that those concerns are being heard when hiring an attorney of any kind. Our office believes that when this issue is properly addressed, the lawyer-client relationship experiences growth in trust and understanding, making the unpleasant process of a domestic case a little easier on everyone involved.