New York Divorce Law Blog : New York Divorce Lawyer & Attorney : Law Offices of David A. Gabay, PC : Serving New York City, Long Island, Suffolk County, Nassau County

Like most attorneys, I have struggled for years with the management of client telephone calls. Taking messages, returning calls, and voice-mail ‘tag’ take up large amounts of an attorney’s time, and often leave clients frustrated because their lawyers don’t return theirs calls promptly.

In an effort to get off the phone ‘tag’ merry-go-round, I looked around on the internet for different telephone call management solutions. I eventually came across a lawyer/practice management consultant who recommended that a lawyer give a client a pre-determined appointment to speak with their lawyer on the telephone. 

Using a telephone appointment benefits the client because:

1.      The client knows when he or she will have to be available.

2.      The client knows when the lawyer will be available.

3.      The client can plan his or her schedule, and have time to gather any materials or documents needed for the call.

4.      The client can avoid leaving another voice mail message.

I have been using this system for about 1 month now, and I think it has been very helpful to my clients. I have not had any complaints about this system, yet.

The appointment system also frees up a good deal of time for me and Desiree, my paralegal. This extra time is used to better handle client work. 

If you would like more information about New York divorce and family law, please visit my website at www.GabayLawFirm.com

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I have recently started my own real estate investing business. I buy and sell apartment buildings. As part of that business I have hired attorneys to represent my company and help me structure the business.

My experiences as a client have been a real eye-opener for me.  For the first time in my career, I now know exactly what it is like to be a client—because I am one myself. I have suffered through the stress of finding and hiring a lawyer, the difficulties of fee negotiations, and the frustration of trying unsuccessfully to reach or communicate with your new lawyer.

For me, my experiences as a client will certainly make me a better lawyer because I can now truly understand what it is like to be on the other side of the lawyer’s desk or on the other end of the telephone. With this new understanding, I will be better able to relate to my clients and that will allow me to deliver much better service to my clients.

For more information about divorce or family law in New York, please visit my website at www.GabayLawFirm.com

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I have decided to charge flat fees for all of my divorce and family law cases-contested and uncontested-from now on, and here is why:

1.      Flat fees are better for my clients and my office. The client knows exactly what he or she will pay, and I know exactly what I will receive. There is less tension between my clients and my office over fees, billing, and communications. If a doctor can manage to charge a flat fee for major surgery, I can certainly manage to properly estimate a fee for a divorce.

2.      Flat fees provide an incentive for my office to focus more thoroughly on the case and the client than on billing. This will result in better outcomes for clients, which is ultimately better for my office.

3.      Clients hire attorneys for their knowledge and expertise, they do not rent them by the hour like power tools from Home Depot-or at least they should not. I have come to the conclusion that I can, actually, estimate the time and complexity of a case if my client and I can have a detailed consultation where the client provides reasonably accurate information about his or her life and situation.

4.      I think clients will enthusiastically embrace this new way of doing business, which will ultimately benefit my office.

So, I guess I will soon learn whether this new idea of mine will succeed or fail. I will keep writing about my experiences with this new practice model in future posts.

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Finding right attorney for your family law matter requires asking specific questions to determine which attorney may be best for you. Choosing the wrong attorney may ultimately you a great deal of time, stress, and money in the end.

Divorce can be an intimidating process.  There is no area of the law which cases requires more paperwork or forms, and which involves as much raw human emotion. As a result, a divorce proceeding can be confusing, time consuming, and often, very costly financially and emotionally. As a result, choosing a lawyer may be the most important decision you make in your entire case.

Not every lawyer is a good fit for every person. You must be sure that your philosophy of how to approach and handle your case matches the temperament and practice philosophy of your lawyer. As a result, you must ask questions that reflect your specific concerns.

A good lawyer will:

-help you to understand and focus on the issues of your divorce without losing sight of the emotional nature of the proceedings;

-help you to prepare for court proceedings in advance;

-provide prompt and courteous responses to your questions;

-provide information and methods to help you reduce your legal fees.

To choose an attorney you should find more than one candidate to interview. The best way to find a good lawyer is to ask for a recommendation from someone you know and trust. However, don't just get names form your friends.  Instead, ask them detailed questions regarding the specific strengths and weaknesses of the attorneys they recommend. If you still need more prospects, you may locate a lawyer through your local bar association's attorney referral service or through an internet listing service.

Remember that finding lawyers is only the first step. A referral service simply compiles a listing of attorneys in your geographic without screening the attorneys listed for reputation or experience. You must still interview your attorney to determine whether he or she is qualified and whether his or her philosophy fits with your own.

Interviewing candidates

It is important to remember that not every lawyer is appropriate for every client. It is important that your philosophy matches that of your attorney. Nothing is worse than feeling like your interests are not being represented or that you are being bullied into a settlement. The lawyer is there to provide you with advice on the legal issues and to plan strategies regarding the presentation of the case. However, the ultimate decisions regarding the legal issues are yours alone.

Remember, it is your case!

Most lawyers will offer a free initial consultation. You should speak with the lawyers that you intend to interview in advance regarding any costs associated with your first meeting. Meeting with a lawyer may seem intimidating. To ensure that you are prepared, you may wish to make out a list of questions or points that you would like to raise in the interview. Additionally, if you have already been served legal papers, bring them to the interview along with any correspondence or other relevant documents. This will allow the lawyer to assess the potential issues in your case.

Some questions you may wish to ask include the following:

-How long have you been a lawyer?
-What is your primary area of practice?
-Do you have any other practice areas?
-What percentage of your caseload is dedicated to divorce?
-Have you handled cases with issues similar to mine?
-Do you have a heavy caseload and do you have time for my case?
-Have you handled many divorce cases in my county?
-What is the divorce process in my county?
-What are the likely obstacles and issues in my case?
-What are my alternatives in resolving the issues?
-Is there any process you would recommend and why?
-Approximately how long will the process take?
-What are your rates and how often will you bill me?
-What are the costs I can expect in this case?
-What are the legal fees I can expect in this case?
-Will the lawyer accept payments on any outstanding balance?
-How will you keep me informed of the progress in my case?
-What kind of approach do think is appropriate and why -aggressive and unyielding, or cooperative?
-Who else in the office will be working on my case and what is their rate?
-Is there anything I can do to keep my legal fees down?

Selecting your lawyer

When interviewing lawyers, you should listen carefully to the answers provided. However, equally important to assess the lawyer's personality. How does he or she make you feel? Confident? Frightened? Is the lawyer willing to spend time with you and provide answers at the initial meeting in a friendly manner? How you feel about your lawyer may affect your ability to communicate effectively with that person over emotional and highly personal matters. After each interview, assess the strengths and weaknesses of the candidate. Did the lawyer listen to you? Did the lawyer provide enough information to make you feel comfortable that he or she knew the law and procedure in your state and county? Did you feel confident?

To discuss your divorce or family law matter or schedule a free initial consultation, please call my office at 631-467-4177 or e-mail me at DavidAGabay@aol.com

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Today’s Wall Street Journal  has an article about employers who offer marriage training seminars and classes to their employees. The idea behind the classes is that married employees who are experiencing domestic difficulties are less productive than they would be if their relationships were not so problematic. A recent study has put the cost of this lost productivity at about $6 billion per year.

It seems that employees going through a divorce or other domestic problems have higher absenteeism rates, higher health care costs, increased stress, and increased distractions while at work. 

The same study found that in the year following a divorce, employees lost an average of four (4) weeks of work.

If you own a business or professional practice, an employee who is going through domestic difficulties can place enormous stress on the business or practice. Missed work due to Court dates, interruptions to take calls from children, attorneys, and others associated with the situation, and the distractions of providing documents and information needed to deal with the problem all  impact the successful operation of the business or practice.

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