Contracts with Lawyers (2 of 3)

Posted on by CJ.Harding

Post two of three deals with flat fee contracts.  These are the simplest contracts.  You pay the lawyer a set amount for a legal matter and that is it – no variance for how successful or not the case turns out.

Flat fee contracts are typically used for situations where the legal work/time/fees needed is easily determined.  Common cases would be a no-contest divorce or a criminal matter.

The problem with flat fee contracts is that most are nonrefundable, and the contract spells out the terms of the representation.  If your case evolves outside of the contract, you lose that money and the representation.  For example, you pay a flat fee for a no-contest divorce, then it becomes contested.  At that point, your lawyer is free to step out because the contract states his representation is only for a no-contest divorce, which no longer applies.  Should a situation like that arise, most lawyers are happy to renegotiate the contract, but do not expect another flat fee!

As always, read the contract closely.  Each contract can vary so pay close attention to the terms.  If you have a question, ask!  Your lawyer would rather have you understand the contract and the process up front so that both of you know what to expect.

Retainer Contracts: Contracts with Lawyers (1 of 3)

Contingency Fee Contracts: Contracts with Lawyers (3 of 3)

Contracts with Lawyers (1 of 3)

Posted on by CJ.Harding

You should understand the contract with your lawyer.  Contracts with lawyers vary, but fit into three main categories – flat fee, contingency, and retainer contracts.  This post is about retainer contracts and only provides a brief overview.  If you have a contract with a lawyer, or are thinking of signing one, make sure to understand that specific contract.

Retainer contracts require an upfront amount, the retainer, to be placed with the law firm.  This goes into a trust account.  That money is held in trust until it is used by the lawyer working on your case and billing his or her time.  Sometimes expenses are also paid out of the trust retainer.  Expenses might include filing fees, service fees, copy fees and/or costs for depositions to name a few examples.

Some retainers have evergreen clauses, which state when your retainer hits a certain level, you must refill the retainer.  This makes sure that there is always an amount with the firm to cover time and expenses.

Most firms send out billing statements once a month.  The statements should tell you what was done during the past month on your case, how much it cost, and how much is left in the trust account.

Retainer contracts are commonly used in cases where the amount of time needed to pursue the case and/or the monetary payoff is uncertain and can vary greatly.  Family law lawyers normally use retainer contracts.

Always make sure you read the contract you will be signing, and if you have questions, ask.  The lawyer you work with wants you to understand that contract so that there is no misunderstanding later.  The lawyer wants to fight for  you, not fight with you.

Fee Contracts: Contract with Lawyers (2 of 3)

Contingency Fee Contracts: Contracts with Lawyers (3 of 3)

How to Change Contractual Alimony

Posted on by CJ.Harding

First, make sure the clause you are looking to change is contractual alimony and not spousal support. You can get an idea by looking at my post here.

If it is contractual, read on!

Changing contractual alimony in Texas is not easy. It follows contract law, so typically you need the written agreement of both parties.  You need to look carefully at the terms and conditions of the payments first, and see if there is a built in way to modify or terminate the payments.  If not or the terms do not apply, you are going to need to talk to the ex-spouse.

Why would an ex-spouse agree to change the spousal payments?  Sometimes out of the goodness of their hearts… or perhaps you offer them something of value – some ideas:

  1. More money over a longer period of time so that the payments are smaller;
  2. Less money but in a lump sum payment;
  3. Other property can be used as well; or
  4. An offer to pay off debts incurred jointly or by the other party during the marriage.

We have also seen other consideration given, like the addition/modification of a geographic residency requirement or exchange points.  In the end, the deal is up to the parties, with very few exceptions.

Another method would be to attack it as you would a contract.  This is much more involved, and more difficult.

If you have a question or want advise about a particular situation, email or call – we can help!

Discovery Pleadings – An Overview

Posted on by CJ.Harding

Too often, the first time someone learns about a discovery tool is when they have to respond.  I thought I would list some of the more common tools and a brief explanation.  This is by no means exhaustive, but I hope it helps!

Requests for Disclosures
This is the one discovery request that cannot be objected to and provides basic information like potential witnesses, any experts, general legal theories and factual basis for them.  Texas Rule of Civil Procedure (TRCP) 194.

Requests for Admissions
These are a lists of questions that can only be answered as admitted, denied, or in limited circumstances, explaining the reason that the responding party cannot admit or deny the question. Some attorneys use these to set the evidentiary foundations of documents or see what facts are really at issue. TRCP 198.

Requests for Production and Inspection
This pleading is used to get documents, videos, recordings or other pieces of tangible evidence.  TRCP 196.

Written Interrogatories
These are a very limited number of questions a party must respond to. Be careful with these. One you reach the limit (25 normally) the other party does not have to answer any more.  TRCP 197.

Depositions
Formal question and answer sessions where your attorney asks questions of the other party or the other party’s attorney asks questions of you. Very useful, but expensive, and you get a limited number of hours.  Most attorneys like other discovery to be done first so they can ask questions to fill in the gaps and solidify their side of the case.  TRCP 199.

Standard Possession Order for 2013

Posted on by CJ.Harding

Since we started a new year, I thought the most useful thing to do was post a link to a standard visitation calendar for 2013.

Click OAG’s 2013 SPO Calendar

Of course, the above calendar won’t take into account all of the summer visitation or school holidays – you will have to spend some time doing that.  Here is a good website to help.

Last, click here for a more in-depth discussion of the Texas Standard Possession Order.

What does “invasive procedure” mean?

Posted on by CJ.Harding

One of the rights parents can have in Texas is the right to consent to ‘invasive medical procedures.’  But what is an invasive medical procedure?  When a parent has to consult with another parent before consenting, or doesn’t have the right to consent to an invasive medical procedure, they will want to know the definition of ‘invasive.’

Some things are clearly invasive, such as an appendectomy, where the appendix is removed.  The doctors are cutting into the abdomen to remove a part of the body.  But what about braces?  In the case here, the Court of Appeals out of Fort Worth determined that since ‘invasive procedure’ is not defined in the Texas Family Code, it was appropriate to use the Texas Health and Safety Code, Section 85.202(3).

That provision defines “invasive procedure” as a “surgical entry into tissues, cavities, or organs; or repair of major traumatic injuries associated with . . . the manipulation, cutting, or removal of any oral or perioral tissues, including tooth structure, during which bleeding occurs or the potential for bleeding exists.”