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Contracts create rules under which people will operate for the term of the contract. Some contracts are very long. Often people are in a hurry to do a deal and make concessions they later regret. When working out details, you have to keep in mind not only what you want now, but will work for you long into the future. Two striking examples come to mind. They are Fitness Center contracts and Custody Agreements in family law cases.

Many fitness contracts are lifetime, or at least very long term. People sign these with the intention of using them often for a long time. Usually, they don't. In fact, the fitness centers count on you not using the facility. They can sell many more memberships than they can actually service. They realize most people fall off of the "fitness wagon." However, the contract binds you to continue paying your dues even if you don't use the service. I get calls very often from people wanting a way out of a contract with a fitness center, because they don't use it and the monthly or yearly bill is eating up their finances. My general advice is don't sign a long term membership contract.

When people divorce, the best way to save money on legal fees is to come to an agreement. Most custody arrangements are agreed, not decided by a judge. A custody agreement, signed by a judge, is is essence a contract. It sets out the rules the parties will follow from then until the child is an adult or the contract is modified by a new court order. I always stress to my clients to consider not just how their circumstances are now, but to consider how things will change as their child ages, as they remarry, or if a job forces them to consider moving. No matter how much I stress these factors, it still happens that occasionally a person will agree to something in the summer, that by winter they no longer like.

If you are negotiating a contract, a decree, or other binding set of rules that will effect you for years to come, keep a big picture in mind. Be sure that you have an exit strategy to end the agreement. Be sure the agreement can flex with changes in your circumstances, and be sure the agreement is something you can live with for years to come.

As a lawyer, and a dad, I see a lot of last minute activity. It isn't that I cause the last minute activity, I end up fixing it. As a dad I am told all to often that a project or homework assignment is due the next day. I have to drop everything I'm doing, or give up on relaxing, to help finish a project. It happens in law too.

I get calls from people who have literally waited till the last possible day to take care of something. Calls like, " I have a court hearing tomorrow, but there is a warrant out for my arrest. What will happen to me?" Or like a recent one, "I am supposed to go see the police for questioning tomorrow morning, what should I do?" Waiting to the last minute, in law, life or homework is the wrong way to approach things.

When you wait till the last minute you make it very hard for people to be available to help. Not everyone can modify their schedule to meet your self-created emergency. When you wait you also give up on your options. The time to prepare for a hearing is long in advance. That way you have every possible option available to you. There may information to be gathered, there may be counter motions to be filed, there may be actions taken that reduce your risks or increase your chances of success.

Whatever you do, just stop waiting till the last minute! Give yourself the peace of mind that something is being done to fix the problem. Just waiting almost never fixes anything. Waiting only creates stress and worsens the possible outcomes.

If there is a problem in your future, do something now to fix it, while there is ample time.

If you are out of time...
Well... call me anyway.

I've gotten used to trying to fix peoples problems at the last minute, although I'd rather they called sooner.

Start using the SSL option NOW!
The web is buzzing with news from hacking truths [sic] that a tool is being released to the public to allow hacking of any non SSL secured emails on the gmail service.

You were warned!

When I interview new clients I always get to a point where I have to ask some questions that for some are quite embarrassing. When I get to these questions I always warn the client that I ask these questions of everyone. After I ask the questions I explain why I need to know. The questions are:

What is your highest level of education?
Are you a United States citizen or a legal resident?
If you served in any military, which and how were you discharged?
Have you eve been arrested or convicted of a crime?

Why do I need this information? After all what does your nationality or education have to do with an accident or a divorce? The reason is best explained by a story.

Once, just after I had started practicing and didn’t ask these questions in advance, I was in a deposition with a client. The attorney for the other side asked a simple question. “Have you ever been arrested or convicted of a crime?” My client did not hesitate as he responded, “There was the attempted murder of a police officer.”

There are evidence rules of course that help in these situations. I had the tools to fix any damage that his past could do. But I hated finding out then of this blemish which could affect his case. I resolved to always ask well in advance. If I know in advance I can seek ways to limit damage or prevent problems.

If a client is an illegal alien, they still have a right to a claim for injuries, but the other side may treat the case differently knowing my client faces possible deportation. Biases can come into play with adjusters and defense attorneys and I need to know what could affect the case well in advance of the other side finding out. So I ask these questions. It isn’t that I will or won’t take a case based on the answers; I want to be prepared for any possibility as soon as possible.

It is essential that you trust your attorney, cooperate with your attorney and be honest with your attorney. They need your help to give you the best representation possible. If you don’t trust your attorney there is a fundamental problem in the relationship. If you can’t cooperate with your attorney the attorney can’t make sure you will be as happy as possible with the outcome. If you deceive, lie to, or hide things from your attorney, the attorney will not be prepared for what to do when that issue comes up. Sometimes that issue can make or break your case.

Your attorney wants to do a good job for you. Give the attorney the information and cooperation needed to represent you to the attorney’s best ability.

Usually when people divorce their focus is on dividing the assets and debts, child support and visitation. There are incidental documents that usually need to be created besides the decree. These documents tie up the loose ends and finish things. Typically these documents include (but are not limited to):

Title Transfer Documents to cars, boats and the like
Title Transfer Documents to Real Estate
Name change forms to Social Security
Wage Withholding Orders
Orders regarding retirement funds
Diverse License changes
Address changes
School Registration information

Some of these documents are very self explanatory. Others require some technical knowledge. In matters of real estate, the type of title document is very important. Some deeds offer more protection than others, you should have advice as to what type of deed you need before the decree is signed. Withholding Orders have to meet the court's standards. If retirement funds are divided in the divorce, you will likely need a Qualified Domestic Relations Order (QDRO, pronounced kwa-dro). The QDRO must be drafted to meet the requirements of the court and the fund that has to follow the order.

Many times people are just relieved to get out of the marriage and fail to finish these documents. Each serves a purpose and should be taken care of promptly. Waiting only makes the issues more complicated to resolve. If you are working with an attorney on your divorce, then the attorney should be able to advise you as to what types of documents you need. If you are doing a divorce without counsel, it can be difficult to find the forms you need, or advice as to how the form should be filled out. These final touches to a divorce are among the things that concern me most when I hear that people are doing a divorce themselves. They may have saved money in getting the divorce decree, but they still have a lot of work to do before they have tied up all the loose ends.

It really doesn't happen all that often, but it does happen that one side or the other will do surveillance during a lawsuit or a claim. Sometimes the surveillance is done by private investigators; some times it is just the security cameras and the like in an area. There is no way to guess what case will end up being watched. I've seen it happen in workman's compensation cases, injury cases and divorce cases.

There are some limits as to how much of your privacy can be invaded. There are also limits as to what can be done with information gathered. What is being sought varies depending on the type of case at hand. In any case, if they catch you in illegal or immoral activity, it can come back to haunt you.

When clients ask if they will be watched, I tell them I doubt it. But I also ask them why they are concerned. If a client is very afraid of being caught doing something I need to know what it is. If they have a bogus claim, I don't want it. If they are engaging in illegal activity, I don't want that either. If they are just afraid of being watched, I do have advice for them... live normally.

If your hurt, and can't do something, don't. If you are hurt and can still do some things, do what your doctor allows you to do, don't do more. There is a reason the doctor put weight restrictions on you. Don't try to make yourself out to be hurt worse than you are. If you aren't a liar, why would you want to lie about hoe bad you are hurt? That way, if you are watched, they won't see anything other than what you really are. You are a hurt person dealing as best you can.

I have fortunately never had a divorce case where we knew surveillance was going on. In those cases, if the other spouse was unaware of a relationship and you were afraid of being caught, I'd have to ask if you were that sure that new relationship was that important to you. If you are doing something you feel compelled to hide, it is likely wrong and you should decide right now if it's worth continuing.

It isn't easy to feel like you are being watched. If you discover you are being watched it infuriates most people. It makes you feel like you are being accused of being a liar or doing something wrong. The best course of action is to do what you should have been doing all along. Live a good, honest, moral life and there is nothing to fear.

Just like any relationship, communication is the key to a successful case. Your lawyer really does want you to be happy with the outcome of your case. For that to happen your lawyer has to know your desires. Just because the lawyer knows what you want, doesn't mean that will or can happen. Your lawyer will tell you what is likely, probable, possible, and impossible. There really is a difference in those words. Likely means there is a good chance it could work that way. Probable means that it can work that way, but might be difficult. Possible, well my dad used to always say, "Everything is possible, but not everything is probable." Impossible is the stuff that just isn't going to happen.

Your lawyer does not have a crystal ball. If the lawyer could see into the future and know the outcome, odds are law would not be the first profession chosen. Your lawyer does have knowledge of the law, and experience with what has worked before. The lawyer needs your information to complete the picture. There is a good chance you know more about the person who harmed you than the lawyer does. With your insight the lawyer can make the most complete picture of the outcomes.

When your lawyer explains what could happen, be sure you understand exactly what is being said. Your lawyer is likely trying to not only inform you, but to find out how you want things to be given the full circumstances. Your lawyer needs a clear answer as to what options you want to take. Above all, if you tell the lawyer to do something, be sure you want it done. It is very hard to undo things like settlements or judgments. Your lawyer is going to trust that you had made up your mind and could stick with your decision. If you ever want to see a lawyer loose their cool, change your mind on a decision after the lawyer has acted. Reputation is a big concern of lawyers. They hate to look like the have no communication with their client, or to try to undo what has been done. Such things can affect them for their whole career.

Remember, be sure you communicate with your lawyer. Be decisive and sure of your choices. Stand by your choices. Then your lawyer can do their very best to get you what you want.

With the current economic situation many people are dealing with legal matters and possible bankruptcies. Bankruptcy can have some negative effects on your case. The decision is really a matter of timing. The most notable effect is that bankruptcy puts a stay on pending litigation. The “stay” is a “time out”. It is a period of time where everything is held in place and cannot change until the bankruptcy is over. For example, if you file for divorce, and them file for bankruptcy (or file a bankruptcy before your divorce is over) the divorce case is put in a time out. The normal sixty day wait from the filing of the divorce till you can have a final hearing is extended until the divorce is final.

There are ways to lift the stay and allow your case to go forward. Lifting a stay requires approval from the bankruptcy court and trustee. Lifting the stay may not resolve all your issues though. If the litigation will change your financial circumstances (money coming in or assets leaving) there could be liens placed on the assets by the bankruptcy trustee.

If the other side in your case files a bankruptcy, these same effects come into play. I have had several injury cases delayed for very long periods of time by bankruptcies filed by defendants.

If you have a legal matter to resolve, and there is a possibility of a bankruptcy as well, you should discuss the timing and strategy of both matters with your lawyer before you take any action. It may be best to start and finish one before the other. It is all a matter of timing, what is at risk and statutes of limitation.

In seventeen years I have never had to resort to a third party lawsuit funding group to complete a case. Personally I think these programs are a bad deal for plaintiffs and that clients and lawyers should avoid them. I have had a case or two where a client, against my strong advice otherwise, has gotten a cash advance on their case. Why do I think this is a bad idea? Because, it is a terrible interest rate, it ties up the closing of your case, and spends assets that should ultimately go to the client.

These services all essentially work the same. You are getting a loan, and your case is the collateral. The loan has a price tag in the form of a lien on the case that must be paid back before any money goes to the client. The companies rarely give a loan that is equal to any real value of the case, because they are not going to jeopardize their ability to recover. The structures vary from group to group, but they all expect to get more than the amount they give you up front.

When your case resolves your attorney must try to pay off all the medical bills, case expenses and attorneys fees, as well as the lien from your cash advance before the lawyer can give you any money. The problem is that the client usually wants more than is left over at that point. The client suffered the injury and the pain. The client feels like everyone is making money of the client’s pain, and that the client is getting nothing. It doesn’t matter to a client if they got a loan months or years ago, that money no longer exists in their mind. There is money from their case being parted out, and the client wants to be sure they got most of it. I don’t blame them. But the lien’s interest is in the accounting, messing up the final recovery to the client.

The problem only gets worse if the case hasn’t gone as hoped. Too often a fact comes up that nobody could foresee that changes a case’s expected outcome. The loan company isn’t going to care that your case went badly. If there was money paid on the case, the lender will want their contracted fee back.

You would avoid risky loans on your house, your car or anything else, avoid them on your case as well.

I keep hearing horror stories of what some attorneys will charge for their efforts. The prices charges astound me. I am equally astounded when I hear that someone actually paid the fee. Experience tells me to take everything I hear with a bit of doubt. But, when I am told by a client that a former attorney charged them $25,000 to do their divorce, I am flummoxed.

It is hard for me to imagine how the fees could get so high for just one side in a normal Texas family. Then I remember why I have ill feelings to wards most Family Law practitioners. Since the majority of my practice is based in contingency fee injury work, I don’t feel the need to live by the billable hour. In fact I really hate tracking my billable time in my hourly fee cases. Most Family Law lawyers live for the billable hour. The more they can allow a fight to run on, the more they can charge. I remember being in a mediation where every issue was almost worked out. The other attorney seemed irritated that we were close to resolving the case. A relatively minor issue of a few thousand dollars was the last thing to work out. We made our offer and the other attorney exploded. Frothing at the chance to finally get to bill for litigating the case he urged his client to get up from the table and walk out to put the whole case on trial. I looked at him and asked, “Are you suggesting that both parties should give up on a nearly finalized agreement, and go spend some seven thousand dollars each to fight over a four thousand dollar issue?” To my shock, he said “yes.”

I had forgotten that while I am focused on getting my clients what they want, resolving issues, and keeping their bills as low as possible, most Family Lawyers are only interested in more billable hours. Of course he was willing to urge his client to go to trial. He wasn’t going to spend money fighting over four thousand dollars, but if the fight didn’t happen he wouldn’t earn seven thousand dollars.

If you have an hourly lawyer, always keep an eye on what you really want, what it will cost to get it, and if the price of fighting for it is worth the fees you will pay. Don’t be a client spending seven thousand dollars to fight for a few thousand. It doesn’t make good business sense.