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Q: I don't know if I can afford an attorney. How do I start?
An initial consultation needs to be set up by you calling the
office. There is a $200 charge
for the consultation. The
consultation has no set time limit. This initial consultation is
invaluable for a number of reasons. Sometimes you plan
on representing yourself and you just want some questions
answered. If you are thinking about hiring an attorney, the
consultation gives the attorney the opportunity to find out
about the complexity of the case and provide you with a quote
for how much it would cost to retain her. There is no
cookie-cutter approach to any case as they all have different
issues. Some need to be litigated and some don't.
In any divorce
case, the parties have the option of handling the case through
mediation or the collaborative process (see Divorce Options).
Furthermore, the consultation gives the attorney the opportunity
to meet with you and you the opportunity to meet with the
attorney and for each of you to assess whether it is a good fit.
The attorney may decide that another attorney has a better set
of skills for handling your case and refer you to someone else.
You may decide that you have some reservations about this
attorney and her approach to your case and prefer to interview
more than one attorney. The educational and experiential
backgrounds of attorneys vary widely. Don't be afraid to ask the
attorney that you are meeting about those subjects.
Q: What is a retainer?
A retainer is the initial sum that is put in the attorney
trust account and from which money is drawn each month for fees
incurred and/or costs advanced. The interest earned on all trust
account money goes to a California State Bar fund to support a
number of programs.
Q: How can I pay the retainer or the consultation fee?
The attorney accepts all major credit cards as well as checks
and cash.
Q: Will the attorney accept a payment plan?
Not initially and only to a limited extent later on. If the
case is nearly complete and there is some money owed, the
attorney may offer a short-term, interest-free payment plan. The
fee agreement generally asks for a minimum of
$400 to be in the trust account at all times and the attorney
may ask for more money in the account if litigation is
still pending and no funds remain.
Q: Why does the amount of the retainer and the final cost vary?
Legal proceedings in family law cases are somewhat
unpredictable because the cost is determined to some extent by
how cooperative the opposing party (and their attorney) is. If
there are businesses and significant properties to be valued and
assigned and if there are disputes on how to share the children,
considerable court time could be required in addition to the
cost of experts. Each case truly is different.
Q: How long does the divorce process take?
This is another question that is most appropriately answered
by "it depends." There is a waiting period in California so the
earliest possible date when one can be restored to the status of
a single person is six months from the date of service of the
Petition on the opposing party. Again, much depends on the
extent of the property and the ability of the parties and their
attorneys to work out agreements on different issues, as well as
the availability of the courts for litigation, if necessary.
Q: How do I know if this is the best law firm for me to use?
Ms. Guiliani is a certified family law specialist with a
history of criminal prosecution and trial work in addition to
extensive training and case work in mediation and the
collaborative process. When you meet her in the initial
consultation, you will have the opportunity to determine whether
you believe that her experience, attitude and personality mesh
with what you are looking for in an attorney. Protecting the
children is her first priority followed closely by minimizing
both the emotional and financial cost of being involved in the
court process.
Q: What if I can't afford an attorney?
The consultation may be
your only contact with an attorney. Many people are
self-represented (as we say, in pro per) right now given the
state of the economy. Judges treat people representing
themselves with respect. As frightening as the prospect might
be, it is not hopeless.
There is document preparation assistance
offered daily at the family law courthouse at 540 East Main
Street in Stockton. Monday through Friday from 8:30 a.m. to 4:00
p.m. you can meet with an attorney to help you fill out the
necessary paperwork at no cost. There is a sign-in sheet and
sometimes a long wait, so get there early (the courthouse opens
at 7:30 a.m.) Low cost assistance is also available through the
Family Law Service Center in Stockton (209) 948-2122.
Information regarding child custody and visitation is provided
each Wednesday at 3:30 p.m. at the same courthouse. This is
called mediation orientation and attendance is actually
mandatory before a court appearance in this county. Even if you
don't have a court appearance yet, this session will give you
helpful information regarding children and the court process.
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