Blog – Law Office of Bradley L. Schencker

Divorce Preparation Guide

Tue, 14 Feb 2017 23:39:00 GMT

Divorce preparation will allow your case to be less expensive and better organized. For many people, starting to make the life changing decision to begin a divorce case is mentally, physically and emotionally taxing. Understand that every matter is different and changes have occurred in the law recently. The internet, friends and even information from out of state attorneys may be useful or cause unnecessary issues. During this difficult time, it is vital that you properly begin to prepare for the legal aspects. For more information on gathering the required divorce documents and information on your spouse, see our blog post on spying . It is important that you act quickly because they may be working on this, too.

In a previous post, I have discussed at length how to prepare to look for an attorney and how to interview an attorney , so this will not be covered here.

Obtaining Documents – (photocopy or scan these for your records):

A Clear Financial Picture

Income and Business Documents

Paychecks – If you have ready access to your spouse’s paychecks, copies of a few months’ worth.
Credit Report (this ensures all liabilities and assets are addressed.)
Insurance documents (medical, dental, vision, auto, life, disability.)
Social Security Earnings Statement (if you have been given access to your spouse’s statement, copy it.)
Business income tax returns (federal, state and local.)
Employment Contracts.

Tax Records

Prior and current year tax returns.

Investment Records

401k and other retirement accounts – Any statements for accounts that you are allowed to review.
Investment accounts, stocks, bonds and annuities.

Assets

Home(s)

Deeds to all real property.
Property tax records.
Property insurance for any marital or non-marital property.

Vehicle(s)

Titles for all cars, boats, motorcycles and other vehicles.

Banking

Bank statements – All bank statements that come to the home and are allowed for you to review.

Personal Property

Passports (yours and those of any children.)
Birth certificates and adoption records (yours and those of any children.)
School records (yours and those of any children.)
Diplomas (yours and those of any children.)
Records of any domestic violence including police reports, prior orders of protection, pictures, videos.
It is recommended that you take pictures of every room and create an inventory of belongings.
Copies of all flyer miles and credit card point statements that you are allowed to review.
Pet records.
Medical records (yours and those of any children.)

Debts

For every debt – mortgage, car loan, credit cards, secured and unsecured lines of credit, education debts, and all other debts – find out the name of the creditor, balance owing, security provided, interest rate and amortization, along with the monthly payment amount.
Copies of all utilities, phone bills, credit card statements, other debt and recurring charges that you are allowed to review.

Legal Documents

Estate planning documents (Wills, Trusts.)
Powers of Attorney
Police reports filed by or against either party.
Premarital agreements (prenuptial agreements.)
Certificate of Marriage or Civil Union.

Other Considerations

Copy any family photos to a hard drive, thumb drive or cloud solution that only you have access to.
Ensure that you have properly removed any “personal and private” photos from any shared device.
Do you need to change beneficiaries on your insurance or pension policies?
Have you changed all your passwords to electronic and personal financial accounts to restrict access?
Should you schedule a doctor’s appointment to be tested for any health concerns that you may have? (This may be important if you suspect your spouse of infidelity)
Do you need to speak to a counselor to care for your own health?
Have you reviewed all your outstanding medical claims are up to date?
Do you need to obtain quotes for your own health insurance?
Have you found new place to live? Do you want to stay in the marital home? If so, can you afford it?
Are there any special situations that apply to you – dependent parents, family with special needs, children from a prior relationship?
Is there an inheritance that you need to protect?

Children

Don’t involve the children in your divorce. Don’t talk to them about the problems you are having settling your affairs with the other parent.
Watch for changes in your child(ren)’s behavior. Schedule a meeting for them to speak with someone if you see fit. Alert their teachers in case they see changes you should be made aware of.

This list does not cover all the bases- your case may require more or less preparation. In every case there are ups and downs and stress can also ebb and flow but having an attorney to partner with you will help you with the case. We hope that the journey to creating your new normal is all that you wish for it to be and know the Law Office of Bradley L. Schencker is here to help you in this process.

Continue reading Divorce Preparation Guide at Law Office of Bradley L. Schencker.

Spying in Divorce! Is it ok?

Mon, 23 Jan 2017 23:06:00 GMT

FEDERAL LAW

In December of 2016, the Federal Appellate Court in Illinois ruled that a spouse had violated the Federal Wiretap Act. During a divorce, a party who established auto-forwarding on their spouse’s email account to their own had broken the law. The party in this case was able to find evidence of “serial infidelity”. Situations like this play out in many divorces where one person suspects something and wants to spy on their spouse.

ELECTRONIC ACCESS

Your partner allowing you access to their email account makes it acceptable for you to review their email without specific permission. Conversely, if you are asked to access a specific thread on a one-time basis, you have not been granted unlimited access. This is true even if you were voluntarily given the password and they never changed it. Another example of this limited permission is when your friend tells you that their house key is hidden under their doormat and asks you to walk their dog. This request does not grant you continuous access to their home without permission.

CREDENTIALS

In many homes, there are shared computers and the information on those systems is contained in a shared log-in. The information on that computer can be properly viewed by anyone with granted access. But, if every user has individual log-in credentials, reviewing the data not associated with your personal account is problematic. Mail arrives at your home every day. If it is addressed to someone else, then it is improper to open it and review it without their permission. Instead of being a violation of the Federal Wiretap Act, this is tampering with postal delivery.

SPYING

The law also prohibits installing keylogging software programs or “spyware” on a shared computer with the intent of capturing another user’s information. Programs such as this capture passwords to gain access to information you have not been granted permission to access. This is like steaming open a letter to read it without the recipient knowing.

DISCOVERY

This same concept would hold true to the unauthorized access of your spouse’s phone or tablet. Given our reliance on electronic communications, this decision will have a significant impact. It is now harder to investigate the difference between what you know and what you suspect. Prior to taking any steps to investigate your suspicions, you should speak with your attorney . It is best to confirm the actions you intend to take do not violate any law that would subject you to criminal or civil penalties.

Continue reading Spying in Divorce! Is it ok? at Law Office of Bradley L. Schencker.

Divorce law and the Darkside?

Fri, 23 Dec 2016 18:18:00 GMT

The Darkside of Divorce

A few weeks ago, I attended a networking event and a person approached me and shared their experience in their career as a real estate agent. As an afterthought, they asked what I did and I informed the individual that I am an attorney that predominantly works in the area of family law. Normally, this would be a tremendous connection because so many people who are experiencing the life change of divorce need to sell a home and possibly buy a new one to begin to establish their new normal. As soon as the words were out of my mouth, however, their face changed to a look of disgust. I was then lectured regarding their experience having endured two divorces thus leading them to form the opinion that attorneys who practice in my area of law are evil and the scum of the earth.

The Phantom Menace

I left this encounter feeling very badly because I do not view my position in this way. It is my belief that an attorney is a tool to be utilized by the client to achieve their goals. I personally wish that all divorces be amicable but I am not so naive as to believe that this is the case. Emotions run high, lives are in the balance and clients act to protect what they determine to be best for their families. My office is very experienced in highly contentious divorces but I make all attempts to try and achieve agreement where and whenever possible for the benefit of my client. After all, I am my client’s advocate in the truest sense of the word.

A New Hope

There are attorneys who are known as being unnecessarily combative and overly litigious. Each client, though, is free to hire an attorney who fits their individual desires. I believe each client should hire an attorney whose persona provides them the ability to meet their goals in the method that they choose. A client should ask themselves if they are seeking blood or only looking for what is due to them. I can only assume the former was the experience encountered by the real estate agent.

Rogue One

Personally, I view my role as seeking to meet the goals that my client sets forth in the best interests of their family. This is not to say that I only fight on the side of good but rather that I am assisting people through a difficult process while explaining their options. Many clients come to me in mentally, physically, emotionally or economically abusive relationships. Helping these clients accomplish their goals can be a gut-wrenching experience that for their mental health and physical wellbeing, needs to take place. How can assisting someone through an escape from those situations - harnessing the court and all of the tools available to protect and free someone from abusive bonds of matrimony - be considered anything but a force of good?

Divorce is Done– Now What?

Thu, 15 Sep 2016 20:08:00 GMT

Going through the divorce process can be a long and difficult endeavor. There are many life changes that occur that are not necessarily limited to the ending of a legal relationship. As you approach the conclusion of your case, there are some things to consider to ease your transition into your new status.

Below, you will find some opportunities to help you re-establish your life. This guide is meant as a starting point and is not a replacement for sound legal advice that is tailored to your specific situation. Best of luck in creating your new normal.

Bradley L. Schencker, Attorney at Law

SECURITY

If at any time, your former spouse had access to your current residence, you should contact a locksmith to change the locks. If you rent your residence, you may need to seek permission from your landlord in order to have this work completed. Home alarm companies should be contacted and information reviewed for what persons are authorized to make changes to your account. Any distress codes and access codes should be changed for your safety. If your home has a safe, you should update this code as well.

PASSWORDS

Changing of your passwords is highly recommended. Once again, now that this process is complete, it is highly recommended that you run a spyware check on any devices that you currently use. Technology is constantly changing but most of the name brand anti-virus software on the market also include a spyware program. If you are a Comcast customer, a program is currently offered at no cost through their website. After you have conducted a spyware check of your tablets, laptops, desktops and mobile devices, you should change your passwords to protect yourself from future disclosures of personal information. There are programs available such as LastPass and 1Password that can change all of your passwords to a heavily encrypted and unique to each website option but the office, as with all technology, does not endorse any one company or product.

CREDIT REPORTS

At the beginning of the divorce process you may have been advised to obtain a single credit report so that you could review any accounts open in your name that you may not have been aware of and identify accounts in which you were an authorized user only. At this time, it is important that you pull your credit report once again and review it to confirm that no new lines of credit have been opened in your name without your knowledge, and gather a list of all creditors that will require contact in the coming days.

WHAT IS ON A CREDIT REPORT

On every credit report, each creditor is required to list their name, their address, phone number and other identifying information, such as balances and account numbers. At this time, you should contact each creditor and provide them your new name (should you be changing your name), new address (if you are moving), and confirm whether this is a joint account and whether you have any authorized users on the account. Closing old credit lines may be detrimental to your credit score, so you should review options with each creditor. If you find any inaccuracies or accounts opened that you were unaware of, you should contact the police and my office to assist you.

CREDIT REPORT RESOURCES

The resource that we recommend for obtaining your credit report is annualcreditreport.com . Please note that this is a website operated in conjunction with the federal government that provides you your credit report from the three major reporting bureaus annually at no charge to you. I recommend that you also register for CreditKarma . This site provides free credit reports and credit monitoring on a monthly basis at no cost. This site provides credit card offers in order to provide this service at no cost to the consumer but no participation in those offers is required.

CREDIT CARDS/DEBIT CARDS

Immediately contact each credit card company and request that a new credit card with a new number be issued to you. Even if you intend to change your name in the future and this step will require the issuance of a new credit card, this action should be taken immediately to avoid recurring charges or inappropriate use without your authorization. If you participate in a flex spending account through your employer, please do not forget to change that credit card number as well.

BANK ACCOUNTS

Contact every bank you have a working relationship with and provide them your new information. Many banks will suggest that you change your account numbers due to your new status. Many banks will require you to come in person and present a copy of your Judgment. Safety deposit box access and key location should be reviewed as well.

EMPLOYMENT

Now that your divorce process is complete, many employers require that a change of status form be submitted or that you at least inform your human resources department. Please review your employment handbook for the proper steps to take with your company. At the very least, you should inquire with your employer if there is a form to update your emergency contact designation.

With your employer, you should also update your insurance information and coverage options. If you were covered under your spouse’s insurance, you may be able to obtain COBRA coverage under their policy. Most employers, however, view divorce as a life changing event that will allow you a limited opportunity for open enrollment due to your new status. This period of open enrollment can be as short as fourteen (14) days but is usually no longer than thirty (30) days. Please act quickly as this opportunity is calculated from the date of the entry of the Judgment of Dissolution of Marriage.

Within your Judgment, other terms of insurance responsibility may be outlined and must be adhered to. If you participate in a 401(k) plan through your employer, you should immediately contact them to update your designation of beneficiary. Every 401(k) provider has their own form and process but it is crucial that this be completed as soon as possible.

TAXES

This year, you will be filing your taxes individually and not with your former spouse. In preparation for this, it is strongly recommended that you contact a tax professional who can advise you as to the ramification and expected tax consequences of your divorce. This professional may also advise you as to the proper number of exemptions to be taken on your taxes and deducted from your payroll. This change may also need to be provided to your employer within a specific period of time based upon company policy.

LIFE INSURANCE

Please contact your life insurance company and review your beneficiaries listed to properly adhere to any terms within the Judgment or to effectuate a modification to the parties that you designate.

GOVERNMENT IDENTIFICATION

With all governmental identification, the process for changing your information is interwoven. Depending on who you speak to at each governmental body, they may require different proof to effectuate an adjustment of your requested identification. For example, the Secretary of State may require you have your passport or social security card updated before they will update your driver’s license but you may speak to the Social Security Administration and encounter that they will not update your account unless you have obtained a corrected driver’s license.

In the office’s experience, the best place to begin is your driver’s license. If you are changing your name and this right was given to you as part of your divorce decree, you should go to the Secretary of State within ten (10) days of the entry of the Judgment and present to them a copy of your court Judgment. Additional documents may be required and the full list can be found on the Secretary of state website ( click here ). Please note that as per the new process for a replacement driver’s license, your new identification may not be issued immediately but mailed to your address within one week.

You will need to visit the Social Security Administration with a copy of your Judgment, your updated driver’s license, your existing social security card and other forms of acceptable identification including birth certificates, as outlined on their website, to be issued a corrected card. ( click here )

If you are changing your other identification, you will also be required to change your passport. The local post office should have the documentation to assist you in receiving the proper documents.

Please note that a passport may take 3 or 4 months to be issued if you do not pay for expedited processing. Travel outside of the country often requires two (2) forms of identification and all information on those documents must match. Simple differences like a middle initial or hyphenation could cause significant delays or the inability to travel. If you are planning to fly, even within the United States, please confirm that the ticket matches your identification or that you change your ticket information prior to the date of travel.

SCHOOL

In your divorce decree, it should be noted how school forms are to list you and your former spouse. Please contact your local school district with updates as to address, emergency contact and parties that may communicate with the school as to your child.

CHILD SUPPORT

If child support was ordered in your matter, the payor should remain on schedule and continue making payments to you without delay if child support is paid directly between the both of you. If a payment is missed, please contact the office so appropriate measures can be taken.

POST DIVORCE MATTERS

In your decree, there may be responsibilities listed such as obtaining life insurance to secure support payments, listing or selling of a home or modification of title on property and vehicles. If there are specific dates included, you should make all efforts to complete the required actions in a timely fashion to avoid significant additional court costs and fees.

RULE TO SHOW CAUSE

Should any provision listed in your Judgment or Allocation of Parental Rights not be adhered to, you should contact the office immediately to discuss the possible penalties and issues that may arise. Understand that most issues that are not support related can be agreed to by the parties in writing but failure to document changes could cause significant issues including time in jail for a lack of adherence to the Judgment. All modifications of support must be completed in court and with the acceptance of the judge.

If you intend to relocate during the time when there is a minor child, regardless of your time with that child, if the distance is greater than 25 miles, you may be required to obtain court permission for your relocation. This change in law came into effect in 2016 and many people divorced prior to this change may not be affected or even aware of this modification.

SOCIAL MEDIA POST DIVORCE

In today’s world, much of how we communicate with friends, family and others in our lives is through social media. You may, at your discretion, wish to change the information on your social media accounts such as relationship status and your name. This can be a very emotionally trying experience but most people will eventually do this. When you are reviewing your social media, please take the opportunity to review your connections because some people may no longer be a part of your life or need to know your day to day status. Some connections may now be inappropriate, for example, your former mother-in-law or other relations. They may not necessarily benefit you in announcing to the world your current status.

MISCELLANEOUS

Not all of these issues are applicable to everyone but some may be important to you based on your situation.

Telephone companies, including your cell phone, transmit information via a caller identification system which may or may not be in one party’s name. In order to change this, call your service provider.

Your email account has a field within its settings that displays your selected name in plain text in the “from” line that you may wish to update.

You may want to inform your postal carrier in case bills and other mail begin arriving to an addressee they may be unfamiliar with.

If you are retaining any vehicles that were previously titled in both names, you should contact the Secretary of State or go online to obtain the proper documents to change title to your vehicle.

Identify any membership organizations that you may belong to such as gyms, libraries, fraternal organizations and charities and make any necessary changes.

Magazines and subscription services should be modified to reflect your information and status.

Adjust all utilities and confirm that they are properly registered so that you have access to the accounts and can limit access by any other party.

ESTATE PLANNING AND POWERS OF ATTORNEY AFTER DIVORCE

As part of your Judgment, both you and your former spouse disclaimed any interest in the other party’s estate absent any provision for distribution of a specific account or monetary sum. For most, it is still highly advisable that proper estate planning be drafted so that you may define who would be the executor of your estate and how your possessions are to be divided. It is also important that we review how any minor children are to be cared for, should the unthinkable occur.

In the State of Illinois, a Healthcare Power of Attorney must be presented for any party to make decisions on your behalf medically. If you are unmarried and proper documentation is not presented, the hospital will do what it deems in your best interest, which may not necessarily be in line with your personal desires. It is strongly recommended that a review and/or drafting of an estate plan be completed as soon as possible. For prior clients of the office, a significant discount will be provided so that we may accomplish this for you .

Continue reading Divorce is Done– Now What? at Law Office of Bradley L. Schencker.

The Estate of Not Just Any Prince: Lessons for the Commoner

Mon, 02 May 2016 22:18:00 GMT

On April 21, 2016, the music legend responsible for teaching the world how to party like it was “1999” and the sound of “When Doves Cry,” passed away. We all say that “Nothing Compares 2 U” even if it is a “Manic Monday” because of him. This man changed music and for many, he made up part of the soundtrack of our lives. In amassing a huge fortune and all the worldly possessions that anyone could dream of, including a few that sound beyond belief, he seemed to have it all. All media accounts are that of a man who was very controlling and directed every minute of his never-ending performance. During his life he carried out acts of loving kindness and truly seemed intent on repairing the world the best he could, but in death he will leave strife and acrimony.

With all this “good” in mind I now review the death and inexcusable act that will be his short term legacy for his family: Prince left no Estate Plan for the courts or his family to follow. His family will now battle in court for years to come and a judge and lawyers that never knew him will decide what happens to a huge library of unreleased songs, wealth and possessions.

You need not be a pop icon to have a will and, in fact, every mom and pop should have one. When it comes down to it, if you are an adult it is part of your responsibility to assist the courts and your family in creating an estate plan.

Your estate plan, at a minimum, should include:

Will

This document says what happens to your money, property, belongings and children (if you have any)
This helps once you have passed

Power of Attorney, Health Care

This provides guidance on your healthcare wishes and who should speak on your behalf if you cannot speak for yourself.

Power of Attorney, General

If you could not act who could pay your bills? Run your business? Sell your stocks? Use your money to help the ones you love?

Burial instructions

This is not a fun topic to discuss, but I have helped many people create these documents. Allowing your loved ones to grieve when the time comes rather than fight each other in court while cursing you is important. Court can mostly be avoided if one has the proper documents to steer clear of probate. If important to you, public disclosure of your assets can also be avoided.

An estate plan can cost just a few hundred dollars and save your family thousands in litigation expenses.

Continue reading The Estate of Not Just Any Prince: Lessons for the Commoner at Law Office of Bradley L. Schencker.

Technology and the Community Law Office

Wed, 16 Mar 2016 22:14:00 GMT

On Friday I will be attending the annual American BarAssociation Technology Show . This is the international technology showcase for the legal industry and all the big players in the industry will be well represented. Why do I feel it is important to attend, and even more so, why do I feel it is important to share this with you?

Last month I was hired by a client to work on a case that had been in litigation for months. As is the norm, I called the attorney on the other side of the matter and informed him that I would be entering into the case. After the initial pleasantries, the attorney asked for my information and I gave him the basics (phone, address, spelled my name three times, and provided my email address). I then confirmed the information I had for him and asked for his email address. I was shocked when he told me that he refuses to use email and that if it were up to him the office would still use typewriters.

How could a lawyer in today’s world be such a Luddite (non-technology user)?

The Rules of Professional Responsibility in Illinois states:
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology , engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

The above statement falls under the subheading of Maintaining Competence . So much of what I do is advise clients in their lives. Texting, email, Facebook, Instagram and other forms of social media are an integral part of people’s lives, central to who they are and how they interact with the world around them.

I want my office to always be about personal connections. I need to protect you not only in court but also from data loss and the interconnected world. I am now looking into other forms of communication like live interfaces with each client and the ability to do secure communication so that employers and email are not able to see our privileged communication.

Continue reading Technology and the Community Law Office at Law Office of Bradley L. Schencker.

Daily Herald trusts the office as a source

Tue, 08 Mar 2016 22:09:00 GMT

Click here to read the Daily Herald’s article on Brad: • Brad is the source of information on the divorce season.

Continue reading Daily Herald trusts the office as a source at Law Office of Bradley L. Schencker.

Chicago Tribune Local does a feature on Brad

Tue, 08 Mar 2016 22:01:00 GMT

Click here to read the article featuring Brad: • Law office in the the news

Continue reading Chicago Tribune Local does a feature on Brad at Law Office of Bradley L. Schencker.

Do you need an attorney for a real estate closing? Yes, you do, but the real question is what kind?

Thu, 04 Feb 2016 21:59:00 GMT

I get a few calls a week from people looking to buy a home and they “want an attorney”. But do they really? I always offer to meet and discuss representation but then I hear “I have a guy who will do it for $— and if you won’t beat that price, then there is no reason for us to talk.” I understand that some things can be bought like a meal at a fast food restaurant but that is not how I work. Continue reading Do you need an attorney for a real estate closing? Yes, you do, but the real question is what kind? at Law Office of Bradley L. Schencker.

Have you ever heard a commercial offering free credit reports?

Sat, 05 Dec 2015 21:26:00 GMT

Most of the commercials for free credit reports actually do provide the opportunity to get a free credit report, but there is a monthly charge for credit checks and monitoring or other services that can cost you a substantial sum of money each year. The good news, though, is that about 10 years ago the Federal Trade Commission (FTC) enacted a law that requires each of the credit bureaus to provide you a free credit report on an annual basis. The free credit report is available by calling 877-322-8228, by completing a form available here and mailing in the request, or by going to the website annualcreditreport .com .

Recently, I saw a statistic that over 35% of the American population has incorrect information appearing on their credit report. You might be surprised to learn that credit reporting is not just for car loans and mortgages, but it is also used by companies for making decisions regarding approvals of cell phone plans, job opportunities, and even interest rates you would get for a savings account. Additionally, incorrect information can affect your ability to open credit cards, cause reductions in credit limits, and lessen options such as miles and rewards available to you.

The three credit bureaus all have most of the same information but some companies only report to one agency due to the cost of reporting to all three. For example, in the past ComEd only reported to one bureau and the information was often incorrect. Therefore, it’s important to check all three and look for differences.

Each year you should print your credit reports and review it for any inaccuracies. You will notice the name of the creditor may be different from the name that you know. If there is a tradename sometimes it is listed. Other information to take note of includes the address of the creditor, your high balance, the balance available, your current balance, and your payment history. Your current balance may be from a few months prior to the date you request the credit report, so if that number is not accurate to the penny it should not worry you. However, if you see late payments that are incorrect or items you do not know about then you should take action.

Each issue has a different path for resolution. The different credit bureaus’ websites list the way to disputes the findings and information listed. For example, if a missed payment or late payment is noted incorrectly on the credit report, you should contact the specific company directly and discuss your issues. That company will be the one who can rectify the situation.

You may also see that something like a student loan is listed for five or even six times. Loans are often sold and serviced by different companies, perhaps without your knowledge. If you see balances on these items or late listings it may be of concern to you.

If you see credit lines that you know you did not open, that is a definite cause for concern and when the real problems begin. The first step is to contact the company by the phone number listed within the credit report. Inform them that the credit line was opened without your permission and appears on your credit report. Compile as much information as you can and take that information to the police. Once the police create a report, provide that report number to the credit agencies.

If you encounter serious problems with your credit report and you need the assistance of an attorney, I am here to help.

Continue reading Have you ever heard a commercial offering free credit reports? at Law Office of Bradley L. Schencker.

What to do at the First Meeting with an Attorney

Fri, 27 Nov 2015 21:24:00 GMT

At the meeting:

Having a friend at the meeting may make you comfortable but the meeting may not be confidential then so choose wisely.
Be yourself.
Be organized when you first meet with the lawyer.
Tell the story, but only provide a summary.

This meeting is not the time to share every minor detail. If the attorney wants more information, he/she will ask.
Try to have a written summary or outline of your problem.

5. Take notes!

Quite often people leave the initial consultation and realize later they felt overwhelmed by the experience. Don’t fool yourself into thinking you’ll remember everything that was discussed without writing it down!

6. Ask the questions you prepared and speak up if you don’t understand.

Has the attorney had experience with this type of problem before? How recently? How often? What was involved?
What percentage of the attorney’s practice is devoted to this kind of problem?
Will the specific person you’re meeting with actually be working on your case? In what way? Will any other persons be doing work on your case? What will they do? How will it affect the fee or relations with the lead attorney?
Will the attorney talk to you in plain English when you do not understand “legalese”?
Will the attorney provide you with copies of all documents and letters received or written in your case? Will that be treated as an out-of-pocket expense or will you be expected to pay for such expenses in advance? Will the attorney allow you access to your case file at his/her office?
Will the attorney keep you informed about all developments in your case? For important things, will the attorney allow you to make the final decision?
Will the attorney send monthly billing statements?
What kind of continuing legal education classes has the attorney attended and how recently? (One way to judge a lawyer’s competence is by the amount of time they devote to keeping up with changes in the law through continuing legal education.)

7. Set expectations as to what you want out of your representation.

8. Be honest as to what you can afford. MOST lawyers want to help people and some are willing to work with you on payment arrangements.

Making a Decision:

When you hire a lawyer, the lawyer will be working for you. He/she should be genuinely interested in your problem and in giving you the best possible advice.
The lawyer may not be able to accomplish everything you desire because of the facts or the law that apply in your case. Many times a good lawyer will advise you to avoid court action.
A lawyer should be able to explain, in terms you can understand, what he/she hopes to accomplish for you and how he/she plans to do it.
Think about how the lawyer responded to your questions, his/her experience, and whether you will be able to work with the lawyer.
If you are satisfied with the interview, tell the lawyer everything about your problem, including facts that may be unfavorable or embarrassing to you. Unless you are completely candid, the lawyer will be unable to advise you properly and help fully.

Strict rules prohibit the lawyer from repeating to anyone what you say, unless you admit any ongoing or planned criminal activity.

A WRITTEN FEE AGREEMENT IS ALWAYS ADVISABLE.

Continue reading What to do at the First Meeting with an Attorney at Law Office of Bradley L. Schencker.

How to Prepare for a First Meeting with an Attorney

Tue, 24 Nov 2015 21:15:00 GMT

Choosing an attorney can be a mind-numbing experience. That first meeting can be scary, but simple preparation will make the experience better. Most attorneys offer free initial consultations, which is a time for you meet, briefly discuss your situation, and then decide if you want this person to work for you. What you may not have thought of is that the attorney is also looking across the desk and deciding whether he/she wants to work with YOU.

An hour meeting goes fast, and the attorney will only answer general questions so do not expect to be told what form to use or how to do it yourself.

A normal meeting follows this basic structure:

Introductions 5-10 minutes.
Telling the facts 10-30 minutes.
Questions and answers for 10-20 minutes.
Going over representation and billing 10-15 minutes.

Before you call:

Think about what you want done.
Look online for reviews.

Understand that most clients do not want to share their reason for meeting with an attorney, and in some situations no one wins.

3. Your friend may have used an attorney, but what is important to YOU?

4. Confirm that the attorney works in the area of law your issue falls within.

During the call:

Were you able to speak with the attorney directly?
Was your call answered professionally?
This call usually only lasts about 5 minutes, but ask a few questions:

Does the lawyer have experience with your kind of problem?
Does the lawyer charge for an initial interview, and if so, how much?
Is your problem a routine one, and if so, does the attorney have a standard fee? What does it cover?
If your problem appears more complicated, ask about hourly fees.
Does the lawyer have a written agreement describing fees and services provided for the fees?

4. Was a meeting set for a time you are satisfied with?

5. Did you feel that the person on the phone wanted to speak with you?

Before your meeting:

Gather all paperwork you may have.

receipts, contracts, medical bills, repair estimates, checks, tickets, etc.

2. Write down any questions that you may have, such as:

What are the strengths and weaknesses of my case?
What would you advise me to do about my situation?
Can a timetable be set for my case?
If I hire you, what will you be doing for me, and when and how will we get back in touch with each other?
Is there a statute of limitations, or legal deadline, in my case that we must be careful not to miss?

3. Decide how much money you have to spend.

Think about what “winning” means to you. (This is probably the hardest question to answer.)

Continue reading How to Prepare for a First Meeting with an Attorney at Law Office of Bradley L. Schencker.