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Do I need an Attorney? |
Hiring an Attorney? |
Attorney Fees |
What are the Client's Responsibilities? |
Do I need an attorney?
Parties involved in Family Court cases face some of the toughest issues that people must deal with in their lives. Divorce and separation cases involve the loss of a partnership and the end of a relationship that was once close and filled with love. Custody and visitation cases affect the amount of time that a parent spends with the most precious thing in his or her life. Other cases involve financial issues which can determine whether a party has enough money on which to survive in the short and/or long term.
When faced with these important issues, most people want to seek the advice and assistance of an experienced, competent attorney. Our attorneys are not only trained in and very knowledgeable of the law, but we also have experience in preparing documents, courtroom procedure, settlement negotiation, and other aspects of Family Court cases. Hiring an attorney will help things to run more smoothly in your case and will increase the likelihood of your receiving a favorable result in your case.
Although it is possible to represent yourself in Family Court, it is not advisable in the vast majority of cases. Should you choose to represent yourself, the Court will not be able to assist you with your case in any manner. You will be held to the same requirements of the other party’s attorney with regard to the law, procedure, and all other issues. Should you mishandle your own case due to lack of knowledge or lack of skill, it is unlikely that an attorney will be able to undo your mistakes.
Typically during your first meeting with one of our attorneys, we will be able to assess your case and advise you of your rights and options in light of the specific facts of your case. Considering the types of issues addressed in Family Court cases, you must be comfortable sharing with our attorneys information that may be personal or otherwise confidential. We understand that this may be uncomfortable for you, but these types of details can make a big difference in your case. Your lawyer must be aware of everything that might pertain to your case, so it is important that you be comfortable in sharing these details with another person.
Though many people may balk at the cost of hiring an attorney, the fees charged are usually worth the experience and professionalism that an attorney can bring to the courtroom. There are certain areas of the law in which an experienced, aggressive attorney is highly recommended in order for you to have a fair trial or to negotiate the settlement that you deserve.
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Hiring An Attorney
Choosing the right attorney can be crucial to the outcome of your case. There are certain things you should know in order to help you with the sometimes difficult process of choosing the right attorney. Not only will this save you time (and maybe money) when meeting with your attorney for the first time, but it will also help you to become more knowledgeable about the issues you may want to consider during the critical process of hiring an attorney.
It is always a good idea to meet face to face with an attorney to get a feel for how comfortable you feel working with him. Because of the types of personal issues that arise, it is particularly important that you feel very comfortable with who represents you in Family Court. You should also be prepared for the possibility of rejection. The attorney-client relationship is a two way street, and our firm does not accept every case that comes in our office.
Before meeting with one of our attorneys, you should try to make notes pertaining to your case and also to bring all of the related documents with you to your first meeting. These documents may include Orders from previous cases, pleadings in your present case, witness statements, or reports from medical providers, private investigators, or law enforcement. Being able to present the facts of your case in a clear and organized fashion will greatly assist us in analyzing your situation and will result in our being able to give you better, more specific advice.
Once you explain the facts and background for your case along with any relevant information, it will be your turn to ask questions of us. Some of the questions you might consider asking our attorneys are:
- How long has the lawyer been in practice?
- How much experience does the lawyer have in your type of case?
- How does the lawyer believe the case should be handled?
- What is the lawyer’s anticipated time frame for its completion?
- How will you be expected to participate in your case?
- How will you be kept informed about the status of your case?
- Will the lawyer provide a fee agreement that details fees, expenses, billing, and payment?
Once you have met with the attorney, explained your case and had your questions answered, there are some questions you should ask yourself:
- Will I feel comfortable working closely with this person?
- Do I feel confident in the lawyer’s experience and skill to handle my case?
- Do I understand the lawyer’s explanation of what my case involves?
- Do I understand the proposed fee agreement?
If you feel comfortable with the attorney and confident that his experience is adequate for your case, you have probably found a good match. Asking and answering the above questions will go a long way in determining if this is the right attorney for you.
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Attorney Fees
Before you sign a fee agreement to hire one of our attorneys, it is important that you understand how we expect to be paid
for our services in your case. Family Court cases are unique in that it is difficult to accurately predict certain items.
The truth is that no one can know exactly how much time it will take on any given case, because many factors are out of the
control of both the client and the attorney. For instance, Family Court cases can quickly become contested with little to
no prior warning. Also, emotions can run high in many cases, which can cause people to act in ways that unfortunately
result in the other party incurring additional attorney’s fees and costs.
We will be glad to give you a good faith estimate of the anticipated cost range based on the facts you present to us when we first meet. Also, we always assume that you want us to keep your fees and costs at a minimum unless you notify us differently. For this reason, we routinely ask our clients to obtain certain information to us when possible in order to help keep their costs down.
We handle most Family Court cases on an hourly basis, meaning we charge our clients for the actual time it takes to handle their particular case. Our hourly rates currently range from $125.00 to $150.00 per hour, depending on which of our attorneys handles your case. We require our clients to pay a retainer before we begin to work on their case, and the retainer is based on the minimum amount of time we anticipate it will take to handle their case.
If you have any questions about our fee arrangement, or any hesitation about the costs, please discuss them thoroughly with our attorneys before hiring us. If you cannot afford for our firm to represent you, you can contact either the Centers for Equal Justice at (864) 582-0369 or the South Carolina Bar Pro Bono Program at (888) 346-5592.
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What Are The Client’s Responsibilities?
Reciprocal trust, courtesy, and respect are the hallmarks of the attorney-client relationship. Within that relationship, the client looks to his/her attorney for advice, education, sound judgment, protection, advocacy, and representation. We believe that these expectations can be achieved only if our clients fulfill the following responsibilities:
- The client is expected to treat the attorney and his office staff with courtesy and consideration.
- The client’s relationship with the attorney must be one of complete candor, and the attorney must be told all facts or circumstances of the case, even if the client believes that those facts may be detrimental to his/her cause or unflattering to the client.
- The client must honor the fee arrangement as agreed to with the attorney, in accordance with the applicable law, and the client must promptly pay all bills for services rendered pursuant to the fee agreement.
- The client may withdraw from the attorney-client relationship, subject to financial commitments under the agreed to fee agreement, and, in certain circumstances, subject to court approval.
- Although the client should expect that his or her correspondence, telephone calls, and other communications will be answered within a reasonable time frame, the client should recognize that the attorney has other clients equally demanding of his time and attention.
- The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the lawyer for information and cooperation.
- The client must realize that the attorney need respect only legitimate objectives of the client and that the attorney will not advocate or propose positions which are unprofessional or contrary to law or the Rules of Professional Conduct or the Lawyer’s Oath prescribed by the South Carolina Supreme Court.
- The attorney may be unable to accept a case if the attorney has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.
- A attorney is under no obligation to accept a client if the attorney determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.
Don’t live with needless emotional stress and anxiety any longer. Contact Stevens MacPhail, P.A. today to schedule an appointment with one of our attorneys to discuss your situation, find out what your options are, and learn how to protect yourself and your interests. Waiting another day is not the solution.
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