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A Solid Relationship (part three)
If you haven't
paid your bill because you think it's unfair, speak to
your lawyer about it. " If there is a mistake on the
bill, the lawyer will usually be quick to correct it, "
says Lee Goodman, a professional mediator and arbitrator
in Northbrook, IL. If you aren't satisfied after talking
to your lawyer, Goodman suggests asking the judge in
your case to review the bill. Another possible avenue is
your local bar association; find out if they offer
mediation or arbitration programs to settle fee
disputes. Beverly Pekala is a Chicago-based attorney and
the author of Don't Settle for Less: A Woman's Guide to
Getting a Fair Divorce and Custody Settlement
(Doubleday). In her book, she lists five golden rules
for being a good client.Here's a synopsis:
Rule 1:
Everything is not an emergency; your lawyer is not on
call 24 hours a day.
Rule 2: Your lawyer is not a psychologist.
Rule 3: Communicate honestly with your lawyer.
Rule 4: This is not L.A. Law -- don't expect your lawyer
to do something just because you saw it on TV.
Rule 5: Your lawyer didn't create and can't change the
system.
According to
Pekala, " Failure to follow these rules may result in
your lawyer 'firing' you. Just as you can discharge your
lawyer, your attorney can choose to stop representing
you and withdraw from your case. This usually happens if
you fail to communicate with your lawyer or consistently
fail to follow her advice. It may also occur if you
cannot or will not pay your bill. "
What you should expect from your
lawyer
From the day you
hire him or her, you and your attorney should have a
clear understanding of what you will need and expect
from each other. Ask for a written agreement that
details the terms and length of your attorney-client
relationship. If he or she won't provide one, find
another lawyer.
After learning
about your case, your lawyer should create a strategy
for your divorce. Be aware that this plan may have to
change along the way depending on what your ex and his
or her attorney does.
Your lawyer
should clearly explain all your options (again, these
may change as your divorce progresses), offer advice
regarding the best paths to follow, but respect your
wishes if you strongly disagree with a course of action.
If you find yourself in constant disagreement with your
lawyer, either you've chosen the wrong person to
represent you or you're being unreasonable. Take a close
look at your motivations and actions to see if you're
refusing your lawyer's advice for purely emotional
reasons: for instance, you might be very angry with your
spouse, and your attorney's suggestion doesn't satisfy
your desire for vengeance.
Recognize that
even a good attorney will sometimes have bad news for
you: that your spouse won't budge on an important issue;
that you'll have to give him or her money or other
assets; or simply that your expectations are
unrealistic, illegal, or not financially feasible.
You should expect
your attorney to return phone calls reasonably promptly
(24 hours is reasonable if he/she's not on vacation),
and to consult you before taking any major actions
concerning your divorce.
You should also
expect to feel frustrated or disappointed from time to
time as your divorce progresses. Don't take it out on
your attorney! He or she isn't a magician and can't
always pull a great solution out of his/her metaphorical
hat.
Finally, if you
want to ensure that your divorce agreement reflects your
goals -- and doesn't cost you an arm and a leg -- then
stay involved with the process, answering your
attorney's requests promptly, honestly, and completely.
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