Avoiding motions can keep your legal bill low.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Motion practice keeps attorneys in court early in the morning here in Palm Beach County, Florida, and also keeps clients’  billables high.  If the parties and their attorneys would collaborate in efforts, both parties would see substantial savings in attorneys fees.

Here are some examples of motions that can be resolved by agreement of the parties without the necessity of going to court:

1.  Motions to compel documents and discovery.  In Palm Beach County, there is a minimum mandatory disclosure requirement.  If parties would just produce what they are supposed to timely, there would be no need for these motions.

2.  Motions for extension of time.  Again, these are unncessary, if the parties can just agree to extend the time to another date for production of documents, or the time in which to file a responsive pleading.

3.  Motions for request to produce specific documents.  Sometimes a spouse wants to be difficult and not produce everything required.  This motion can be avoided by producing.

4.  Motions for sanctions.  If the attorneys and parties just cooperate, this motion would certainly be avoided.

5.  Motion for protective order.   If reasonableness is asserted, burdensome discovery requests would  not occur, and there would be no need for this one either.

6.  Motion for rehearing.  This is almost never granted.  A judge is not going to admit he/she made a mistake unless it for a really really good reason.

7.  Motion to distribute a portion of marital assets.  For example, there is a joint account with $20,000 in it, in addition to other marital assets.  If the parties can agree on an even split of this one account, as a portion of equitable distribution, there would be no need for this motion.

The above is just an example of the motion practice that could be done away with if the parties and their attorneys would cooperate with one another.  There are many more motions that could be resolved by agreed order.  It is up to the parties to decide how litigeous they wish to be and how much money they want to pay the attorneys.   For more information call one of the attorneys at the law firm of ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.

What are “unbundled” divorce services and how it benefits you…

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you are a resident of Palm Beach County, Florida, and are getting divorced, YOU QUALIFY!  In keeping with the problems with the economy, we lawyers, at the Law Office of ROBIN ROSHKIND have come up with a great idea to help our clients save $$$$$. 

We are now offering specific divorce packages at low prices to make our services more AFFORDABLE.  If you are doing your own divorce and need assistance with filling out the paperwork, we have paralegals standing by to assist you.  If you need legal advice on a particular legal  issue, come in to speak with one of our attorneys as an advisor.  You will just pay the hourly rate for her time.  However, the lawyer cannot take on your whole case unless asked by you and retained by paying a normal retainer.   We will serve more in an advisory capacity at piece meal pricing, instead of you retaining the Firm for the entire matter and spending money you don’t have.

Here’s an example:

Helping you to fill out a financial affidavit.  $135 per hour.

Discussion of relocating with a minor child.  $350 per hour.

Reviewing financial documents and helping you organize them for opposing party.       $135 per hour.

Preparing you for a deposition.  $350 per hour.

Preparing you for a final hearing.  $350 per hour. 

Going with you to court.  $350 per hour.

Discussing what happens at mediation.  $135 per hour.

Preparing you for mediation.   $135 per hour.

Going with you to mediation.  $350 per hour.

That is just a small menu of “unbundled” services we now offer our clients to assist them with their legal issues.  If you are interested in learning more, call the Firm at 561-835-9091 and ask to speak to Attorney Roshkind.  Make sure you tell the receptionist you are interested in

“UNBUNDLED LEGAL SERVICES”.   

 

For more information about divorce issues or the Law Office of Robin Roshkind click on our website at www.familylawwpb.com.

Legal Fees and Divorce: What is reasonable?

By Robin Roshkind, Esquire – West Palm Beach, Florida

Many people call my office and the first question they ask is “How much will my divorce cost?”  The answer is, IT DEPENDS.  Let me explain:

When one spouse wants to settle the matter and the other does not, this type of divorce becomes expensive because it involves preparation for a full blown trial.  You or I cannot control the other party’s attorney or spouse.  That is why most divorce lawyers work hourly using hourly rates. 

On the other hand, where both parties agree to stay out of court and settle their disputes like adult business men and women, without the anger, without the vindictiveness, and without emotional complications, these types of divorces are certainly less expensive.  And less stressful. 

So what is reasonable?  In my divorce practice, I have settled cases for $3,500 up to $15,000.  The range is due to how long it takes to negotiate, how many times we go to mediation, and how many offers and counter offers are proposed until an agreement is reached.  If a marital settlement agreement is signed by both parties after going back and forth only once or twice, this will take less time and cost less than an agreement that goes back and forth four or five times until a settlement is reached. 

Going to trial is a different animal all together.  Preparation for trial includes depositions, subpeonas of people and records, much more extensive document production and discovery, testimony of witness, accountants’ fees, pychologist reports, employability studies of a non-working spouse, custody evaluations, business valuations, appraisals of real and personal property and the list could go on and on.  In my experience, fees and costs for trial preparation can run from $15,000 on upward into the six figures.   

The other factors that go into a determination of what a divorce will cost is the complexity of the case.  For example, a divorce with children usually costs more than one without.  A divorce where there are numerous homes and other real estate will cost more than one for a couple with only one marital home.  Generally the more “stuff” in a marriage, the more there is to fight over, the higher the cost of the divorce. 

Then there are the emotional issues.  Where a husband or wife leaves the marriage for another, this type of divorce can certainly costs more than if two people just decide together to call it quits.  Fighting over children gets expensive.  Hiding money or keeping control of marital funds while keeping the other party in the dark can cause the price of a divorce to skyrocket.

In conclusion, the price of your divorce depends upon the complexity of the case and the mindset of the spouses.  Hourly rates for attorneys in Palm Beach County, Florida, generally average from $300 per hour to $550 per hour. 

The experienced family law attorneys at my firm all work at $350 per hour (we accept all major credit cards).  For additional information, please call my law firm, Robin Roshkind, P.A., for a consultation (561-835-9091) or visit the firm’s website at www.familylawwpb.com.