Jennifer R. Lewis Kannegieter

All About Lawyers

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Monticello Family Law Attorney Explains: How to Find a Lawyer

Once you have decided you need a lawyer, the next question is how do you find a lawyer? There are many different ways to find a lawyer, each with their own advantages and disadvantages. Here are some of the most common ways to find a lawyer:

  • Referrals from Friends and Family – By asking friends and family members for referrals, you are getting a recommendation from trusted people who know you, will know what you are looking for in a lawyer, and what personalities you “click” with. However, don’t let referrals from friends and family be the end all be all in finding your lawyer. Your parents’ nice estate planning attorney may not have the skills necessary for your discrimination lawsuit and your best friend’s business attorney may not be the best choice for your divorce.
  • The World Wide Web – The Internet is becoming the way we find information. It takes mere seconds to go to your favorite search engine (Google, Yahoo, MSN) and find attorneys in your area. You’ll find attorneys’ websites as well as local listing information. Just keep in mind that lawyers and technology don’t always go hand in hand. Some excellent lawyers might not have websites, or might not rank high in the search rankings.
  • The Good Old Yellow Pages – Before the Internet, people used the phone book to find information. Just open up that great big book and look under “Attorneys.” However, as the Internet gains in popularity, the phone book fades away, and because fewer clients are turning to the phone book to find attorneys, fewer attorneys are spending their advertising money on a Yellow Pages ad.
  • Referrals from Organizations – Another place to find a lawyer is through referrals from different organizations. Contact your local chamber of commerce or bar association. Check with different social service organizations. Look at organizations related to the area of law you are dealing with. When using an organization for a referral, ask about the criteria they use. How do attorneys get on the referral list? Does the organization do any type of screening, or do they just keep a list of lawyers?

Remember, the lawyer you choose can greatly impact your case.  Take the time to find the right lawyer for you.

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MN Divorce FAQ: Will My Spouse Have to Pay My Lawyer’s Fees?

A frequent question I hear is “Will my spouse have to pay my attorney's fees?” My answer to this is “Don't count on it.” In Minnesota, attorney's fees can be awarded one of two ways: need-based or conduct-based.

Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and unreasonably contributing to the length or expense of the proceeding. As frustrating as the process can be, that does not necessarily mean the court will award conduct-based fees. And even if there is an award, that does not mean the other party will pay it. The expectation for many attorneys (myself included) is that my client will pay my fees. I am not interested in chasing down the other party for payment. If the other side happens to pay for what my client has already paid for, than that money will be passed along to my client, but I don't wait for the other side to decide to pay me.

There is also the practical problem that getting an award for attorney fees means that you have gone through the court process and are now in front of a Judge asking for a decision. If you are going to court on other issues, then it may make sense to ask for attorney fees. But, it does not make any sense to incur additional fees just for the possibility that the court will grant an award. In most cases, parties agree to each pay their own attorney, but the issue of attorney fees can be a discussion of negotiation and sometimes the parties will agree to a contribution for fees, or will offset fees in the property division.

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Better File Now – Court Filing Fees to Increase July 1, 2009

In case you haven’t heard, the court system (like everything else) is broke.   Starting July 1, 2009, Minnesota court filing fees will be increases.  The new family court filing fees for most of the state (Hennepin County tends to run higher by $2) will be:

  • $400 Divorce Filing Fee (previously $330) – In most cases each party will pay the filing fee (This can be avoided IF the parties have reached a complete agreement prior to entering the court system.  But be prepared to pay if you are fighting).  The good news is, once you have paid the case filing fee, you won’t have to pay it again.
  •  $100 Filing Fee for all Motions and Responses (previously $55) – If you need to ask the court for temporary relief during a divorce proceeding, or wish to bring a motion post-divorce to enforce provisions, modify child support, etc, you will be paying a $100 to the Court.  If the other side brings a motion you disagree with, you will be paying $100 to contest it.  And, if you did not pay an initial case filing fee before, be prepared to pay it now.

So, if you have been thinking of modifying child support or filing for divorce, act now and save a few dollars.  Every little bit helps.

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Divorce: Time for a Reality Check

Divorce is not only a time for change, but it is often a time for a reality check.  For many people, life just cannot continue the way it has been.  Many couples are living well-beyond their financial means – subsidizing their lifestyles with credit cards and having a difficult time maintaining one household.  It becomes impossible to maintain two households without making serious changes in spending habits.  For couples who have had the luxury of keeping one parent at home with the kids – the cold hard truth is unless your soon-to-be-ex is a (still employed) CEO of a large company continuing to be a stay-at-home parent is not an option.

As an attorney, one of the first steps I take is to give my client a reality check.  I need to know what the current financial situation is, and what the plan for the future is.  I need to help my client deal with his/her desire to be vindictive, and assist my client with getting out of a victim mentality (neither of these emotions are helpful in the divorce process).  I also need to give my client reasonable expectations on the likely outcome of the case.  As frustrating as it can be to have an attorney who will make you face reality and tell you things that you do not want to hear, I feel it is necessary in order to keep my client’s legal fees reasonable and to help my client through the process.  Beware of an attorney who only tells you what you want to hear – that attorney may play into your emotions and cause your divorce to be longer, more complicated, and more expensive than necessary.

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5 Questions to Ask Before Hiring an Attorney

  1. What areas of law do you practice? Does the attorney limit their practice to one or two areas, or do they take the “Jack of all trades” approach? There are many different areas of law; if an attorney practices a little bit of everything, does he or she have the depth of knowledge necessary for your case?

  2. How many open cases do you typically have at one time? It is not uncommon for attorneys to have dozens of cases open at one time. Do you want to get lost in the crowd, or do you want personal attention from the person handling your legal matter?

  3. Who will be working on my case? Will the attorney you hire be the one doing all of the work, or will your case be farmed out to another attorney or a legal assistant? If you have any questions about your case, who will be able to answer them?

  4. How will I be kept informed of my case? If I were to call or e-mail you, how long would it generally take until I received a response? What if I have an emergency? Lack of communication is one of the most common complaints about attorneys. Your case is important to you; you should be kept informed of the status and have your messages returned promptly.

  5. What are your fees? What will I be charged for? How will I be billed? Before hiring an attorney it is important to understand the fees involved. Get a written agreement and understand what you will be charged for. There's nothing worse than feeling like you are being nickel and dimed.

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Just another reason to hire an attorney for your estate plan…

Many people wonder why they should hire an attorney, especially when there are various forms, books, websites, and software available designed to help you create your own estate plan, file your own divorce, or start your own business.  Attorneys provide more than the necessary forms.  The right attorney can provide you with peace of mind, a helping hand, legal advice, and the expertise needed to guide you through the legal process and craft individualized documents that protect you and meet your needs.

As described by  Troy Neff in this article published by the Toledo Free Press, one of the most common risks of being a DIY attorney is the unintentional consequences your work may create.  The client in Mr. Neff’s article created his own estate plan which put him at risk of:

  • Paying as much income tax as humanly possible.
  • Losing most or all of his assets if something were to happen to his girlfriend or kids.
  • Paying all kinds of penalties and gift taxes if the Internal Revenue Service looked at what he was doing.
  • Getting nailed big time if something unexpected were to happen.
  • Going broke if he ended up requiring any long-term care.
  • Having his estate value eroded every year by not being properly diversified and not having a real opportunity to beat inflation.

Don’t make the mistake of putting yourself or your family at risk of losing everything.  Seek the advice of an attorney before attempting any DIY legal documents.