Family Law Frequently Asked Questions

Why hire an attorney?
What are the fees for a consultation?
What is a paralegal/legal assistant?
What is the attorney's philosophy?
What is Alternative Dispute Resolution?
What is Collaborative Divorce?
What is Mediation?
Going to Court
What can I expect from the Family Law Group at Pitts, Hay & Hugenschmidt?
What should a client receive from a Family Law practitioner?
What should the Family Law practitioner receive from a client?
What additional services might you require incident to your evolving situation?
What will happen when I make the initial phone call?

One of the things we least like to hear is a caller making the foreboding statement, "Let me tell you what I just did." Costly mistakes can often be avoided by timely consultation with an attorney, and we recommend that this be done as early as possible in your case.

Fees: "An ounce of prevention is worth a pound of cure."

We charge a fee of $250 for a one-hour initial consultation. In that hour we can typically discover the essential facts of your case, tell you the do's and don'ts, explain your rights as well as your responsibilities, interactively discuss your options and what you may realistically hope to achieve, advise as to courses of action, and discuss the likely costs. In some circumstances it is possible for a flat fee to be set for a particular task. In other situations there will be a retainer fee and work will be billed on an hourly basis. Each case and client are different, as are opposing parties and counsel. We cannot always predict or control the amount of work that will be required in your case, but we can typically estimate a likely fee range based on experience. In family law cases we accept Mastercard and Visa.

What is a paralegal/legal assistant?

A paralegal/legal assistant may prepare initial drafts of certain documents, performs research tasks, and generally gathers information needed by the attorney to prepare for a case. The paralegal/legal assistant handles many of the day-to-day tasks done in the office and usually knows the status of a particular case, and can therefore relate to the client information about an ongoing case. A client may feel free to speak openly with the paralegal/legal assistant in relaying information necessary to the attorney, and can be assured that his or her communications are strictly confidential. However, the paralegal/legal assistant may not in any way give advice to the client, and will often need to refer the client to the attorney for certain matters, either by way of a message or an appointment with the attorney.

A Bump in the Road: the Philosophy of a Family Law practitioner

In the unfortunate circumstance of encountering divorce in one's life, ideally the issues should be resolved quickly, smoothly, economically, and without undue complications. Often this ideal is not attainable, but it should always be the goal.

Alternative Dispute Resolution

The Family Law Group at Pitts, Hay & Hugenschmidt believes in utilization of alternative dispute resolution techniques wherever possible so long as the interests of the client and any minor children can be protected and advanced. Of course, we are a trial firm and it is sometimes necessary to go to court, where decisive actions can be taken. In many cases however, rights can be protected and equitable results achieved in less time, with less expense, and with less hostility and animosity through the use of Collaborative Divorce or Mediation as alternatives to court battles.

What is Collaborative Divorce?

Collaborative Divorce is a settlement technique which is appropriate when both parties and both attorneys want to resolve the issues raised by separation and impending divorce by collaborative problem-solving rather than by engaging in battles in court. Typically, the advantages of this procedure are:

• Resolution is quicker than a court proceeding.
• Legal costs are substantially less than going through court.
• The time commitment of the parties is less than going to court.
• The opportunity for the parties to communicate and work together reduces hostility.
• Creative solutions to problems can be achieved beyond what a court has jurisdiction to create or order.

Generally speaking, Collaborative Divorce procedure follows this format:

• Each party is represented by an attorney and consults with his or her attorney to prepare for the collaborative meetings.
• The parties and the attorneys sign a Collaborative Divorce Agreement and commit to the Collaborative process. Full disclosure of facts, information and documents relevant to settlement is required, as well as prompt and good faith participation in the process.
• Progress is made and resolutions are achieved by means of 4-way meetings of parties and attorneys. Civility and courtesy are required. The approach is one of solving problems rather than fighting battles. The focus is on the future and problem-solving, not the past.
• Issues are identified and agendas are created.
• If needed, a "friendly" lawsuit can be filed by agreement so that any necessary orders may be entered by consent to protect the interests of parties and children during the Collaborative process.
• Experts can be utilized as needed. By way of example, in appropriate cases these might include an appraiser, an accountant, a child psychologist, a business evaluator, or an attorney from outside the family law area.
• Other settlement techniques, such as mediation and arbitration, can be used within the Collaborative process.
• Upon settlement, a legally binding agreement or a court judgment or both are typically entered.

What is Mediation?

Mediation is a settlement technique or process which uses a neutral party, the mediator, to help the parties and their attorneys work out their own agreements. It is strongly recommended that each party be represented by an attorney and that any agreements reached be drafted by the attorneys. The participation of the attorneys in the mediation process is optional and varies from case to case.

What a Mediator does:

• Remains neutral.
• Insures that the Mediation process is conducted in a civil and orderly fashion.
• Facilitates settlement by leading the parties and their attorneys through a structured discussion process focusing on needs and interests.
• Helps to build a communication link between the opposing sides.
• Helps the parties and their attorneys formulate specific solutions that will advance their interests.
• Meets privately with each party and his or her attorney.
• Conveys settlement offers and counteroffers.
• Upon request, may provide a neutral evaluation with respect to an issue to either party and his or her attorney.
• Assists the parties and their attorneys in making their own settlement upon agreed upon terms.
• The Mediator may provide notes or create or assist in the creation of settlement documents.

What a Mediator does not do:

• Provide legal advice to either party.
• Make decisions for the parties.
• Express opinions, except for private neutral evaluations referenced in #6 above.

Going to Court

Despite our best efforts to keep our clients out of court, the fact is that some cases are simply not appropriate for the settlement process, and in other cases an agreement fair to our client cannot be reached. In either of these instances we may advise that your case be taken through court. In that event, we will explain the litigation process as it will apply to you and explain to you our opinions of your options, likely outcomes, and likely costs. The decision whether to go to court or whether to settle a case always remains with the client with the advice of the attorney. Mr. Hugenschmidt is an experienced litigator who has represented clients in court in family law cases since 1974.

What you can expect from the Family Law Group at Pitts, Hay & Hugenschmidt:

• To care about your case.
• To listen to you.
• To maintain confidentiality of privileged communications you make to us.
• To respond to your communications within a reasonable time.
• To explain the relevant law, the do's and don'ts, and the options and choices available.
• To work interactively with you to develop a theme of the case, a life plan for you, and explore the options available.
• To advise you and answer your questions.
• To represent you zealously in court or in alternative dispute resolution proceedings.
• To provide you with copies of relevant documents in your case.
• To provide you with a written fee agreement explaining the terms of representation and the basis of charges, and with itemized billings.
• To treat you, the adverse party, other attorneys, and the court with respect.
• To keep you informed.
• To attempt, within the bounds of law and ethics, to resolve your case fairly and expeditiously and in accordance with your wishes and decisions.
• Please be advised that the Family Law group at Pitts, Hay & Hugenschmidt will not knowingly do anything which, in its judgment, is clearly contrary to the best interests of a minor child.

What should a client receive from a Family Law practitioner?

• The truth.
• Service with courtesy and reasonable promptness as dictated by the circumstances of the case.
• Confidentiality of privileged communications.
• To be informed promptly of all relevant developments in the case.
• Reasonable availability of the lawyer. Mr. Hugenschmidt customarily works long hours and does not want to be called at home except in the case of true emergency. His home telephone number is listed in the telephone directory for this reason.
• To be charged fairly and in accordance with the written fee agreement.

• The truth.
• Courtesy.
• Client keeping the attorney or legal assistant informed of events and your changing situation.
• Responsiveness and cooperation in the preparation and presentation of the case.
• All relevant information and documents.
• Timely payment.

What additional services might you require incident to your evolving situation?

• We will assist our clients with appropriate referrals as may be requested or appear warranted during our representation of you and thereafter.
• In a life changing event such as a divorce, we customarily recommend revisions to your estate plan including your will, living will, medical directives, and powers of attorney. We provide these services in most cases. In cases where estate tax planning is appropriate or complex estate issues are involved, we will refer you to specific attorneys with expertise in those areas.
• We will make referrals to accountants and/or financial advisers.
• We will make referrals for counseling for yourself or for children.

Initial telephone calls

We deem it a poor professional practice to give legal advice to a person we do not represent and about whom we have insufficient knowledge of their case to form competent legal opinions. Consequently, we do not give legal advice over the telephone until we have been retained in your case. Also, we do not want to take your time and charge our consultation fee if it appears unlikely that we will be representing you in your case. For these reasons, we customarily ask for some basic information about your case when you initially call us, prior to giving an appointment. The information you give will remain confidential.