A Tampa Bay area divorce lawyer is not necessarily busier than an divorce lawyer in Destin, Florida. An attorney practicing his legal profession in Jacksonville is not necessarily busier than an attorney in Sarasota. People’s marriages are dissolving all over the state. No area is immune to this trend. Because Florida has the reputation for being one of the most enjoyed tourist destinations in the country, many people mistakenly believe that the residents of Florida are not as prone to marriage disintegration as residents of other states. People also wrongly assume that since a large portion of Florida residents are of retirement age, that separation rates would be kept low. Yet, traditionally, Florida has had very high marriage dissolution statistics, even when compared to other states. In fact, Florida litigators are involved daily in mediation between parting couples. The first step for the person ready to end their marriage is usually placing a call to the attorney of their choice. A good separation attorney can offer comprehensive service for their client.
Throughout Florida, there are excellent attorneys who specialize in the dissolution of marriage and they can help individuals know how to begin the proceedings. An attorney will understand which paperwork is necessary to begin the process. They also know when and where the forms and documents are to be submitted. They can also help explain any legal terms or phrases which may be difficult for someone to understand, as they sort through and complete the lengthy forms. Basically, an attorney should be available to walk their client through the process.
Additionally, attorneys are essential when it comes to offering representation during mediation. Good representation is often the key to a smooth mediation process. An attorney can also be useful in pre-mediation discussion, helping separating couples achieve a harmonious solution. They can be the objective third-party, offering suggestions for peaceful solution. They can also be the clear-headed voice of reason when tempers flare. Attorneys may be able to present ideas or arrangements which they have seen work successfully during past cases. They can bring a valued perspective to the negotiation table.
Attorneys can also work closely with other professionals who may be involved in separation proceedings. Perhaps that may be marriage counselors, who have offered their services in attempt to reconcile the couple. Perhaps it may be children’s services or law enforcement officials, if one of the separating parties has committed acts which are of danger to anyone in the family. A good attorney will collect input from all involved sources and be able to present that information to a judge if it is found to be necessary.
The bottom line is that Florida residents will experience some of the same joys and hardships facing all Americans throughout the other forty-nine states. For the couple who is separating, there are many things to consider as they go about the separation process. The individual who consults and follows the advice of an attorney who specializes in the dissolution of marriages will be better able to take control of the future.
Connor R. Sullivan recently reviewed the cases of a divorce lawyer Clearwater area for an article he is preparing to write. The article will also discuss divorce lawyer Pinellas County area cases.
Article Source:
http://EzineArticles.com/?expert=Connor_R_Sullivan
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Question by : Unscrupulous “probate attorney” practices and fees question.?
Hello, I am trying to find out if it is within the legal law to be charged for “extraordinary services” and exactly what can be billed under this term.
I am the personal representative for my grandmothers estate. Her mobile home and assets totaled 51,000.00. The attorney stated that she was only getting the standard 3 %. However now that this is almost closed, I was billed a total for approximately 8000.00
About 5000.00 has been listed as “extraordinary services”. These services listed by detail in the final accounting include every single e-mail correspondence with myself as P.R., every phone call, and also e-mails read from the Realtor who sold the home etc.
There are no “extraordinary services” from what I can see, and have disputed these charges, and insisted to have the attorney send me proof of this.
The attorney sent The Florida Senate 2011 Florida Statutes Chapter 733 Probate Code to my e-mail for proof, however that was after a week of insistent requests for proof, which already made me skeptical.
733.6171 Compensation of attorney for personal representative…….. and I have read what explains can be charged for what is termed “extraordinary” and I cannot find anywhere that states that phone calls, meetings, general contact e-mails etc, are to be charged.
I am not trying to be disrespectful to the profession, but am I to just “take an attorneys WORD, at everything thrown my way?
The attorney appears to myself to be skirting every issue I bring up about this, I need some help, I don’t feel comfortable about simply signing papers that pay out an extra 5000.00 for mailing envelopes, phone calls pertaining to simple questions regarding work needed done for the roofing etc.
I am wrong? I keep getting the reply that “I do not understand the laws” in a condescending type of manner, when I asked repeatedly for “proof” of this in the statues , I am not finding this in 733.6171 and I think I am being duped.
Some expert advice is much appreciated, thank you.
Teddy
P.S. If you have something that supports my theory or suspision and you want to include this for me, in your reply ( statutes or what is legal etc) so that at least I have something that I can e-mail the attorney back, so they know I am looking into this, and they take me serious, please do so.
Best answer:
Answer by lucy
When I got to the 2nd paragraph about the 3% fee and before you stated Florida, knew exactly that is the state where this was done.
My mother in law when she died in Florida in 2004, and we live in Indiana, had to hire to handle her estate and she had considerable more than your mother. They based this 3% 1st on the value, then they will bill for all services done. But you have to remember that for every hour they do something, they bill their hourly rate, which most likely is around $ 200 or more per hour. Most lawyers, regardless in what state you live in, will bill in 10 minute increments. So even if you are on the phone for 3 minutes they will bill for 10 and is legal. But, the other thing that most people don’t realize is that when they make that phone call or talk to someone, they have to pick up the file and review it and that could be billed at 30 minutes to an hour. You have to remember that your mother is not the only client and they cant just go off the “top of their head” and remember everything that is going on, or otherwise they can be sued for malpractice if they don’t verify facts. The problem is that most likely you called them a lot on simple questions and since you had a lawyer believed it was their job to guide you through the process, which it is. But people forget that you are paying a lawyer for their time, which is their hourly rate.
After we closed out the estate to my mother in law and paid off the lawyer, we had forgotten one last detail. We had kept a open account with Bank of America that we used to pay expenses that occurred while trying to sell her condo and other expenses that had to be kept open till closed. So, by that time, there was about $ 3,000 left in the account and we wanted to split it between my husband and brother, but,,,,,since we failed to close it out, the same lawyers we had hired, told us it would cost $ 1,200 to reopen her estate, close out the account and then re-close out the estate again. So for $ 900 each, we chose to let it go.
Your only last option is to file a complaint with the Supreme Court in Florida against this lawyer.
http://library.findlaw.com/1998/Aug/1/127741.html
http://www.lawyer-complaint.org/lawyer-complaint/Florida.htm
After you file a complaint, then the lawyer MUST answer it. But most likely they will show that for every minute/hour of work they did, will be validated. If they fail to do so, they could lose their license to practice law.
My husband is a lawyer in Indiana for the last 40 years and we were surprised on the 3%, since in most states, they can only bill for their time. We were at the mercy of Florida lawyers, since my husband is not licensed in the state of Florida to practice, so had to hire to legally closed the estate. It sucks that with the small estate that was left to you, that you get billed just like someone else with considerable more.
good luck
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