|
FAQ's
Q. What do I need to bring to an initial consultation?
A. Please take a moment and print out and complete the forms on the left.
You will also need to gather the following information to bring with
you:
- Last
3 years of tax returns
- Last
6 months of bank statements for all accounts you or your spouse can
sign on, if available
- A
complete list of income and expenses
- A
complete list of assets and liabilities
Q.
How are fees set in family law cases?
A. Each lawyer works on an hourly rate. The hourly rate varies among the
lawyers
in our firm depending upon their experience and expertise.
A biographical sketch for each lawyer may be found on the
Attorneys page or the About Us pages of this site. Family law cases
range
from quite expensive to terribly expensive depending upon numerous
factors,
many of which we cannot control. The factors include, but
are not limited to:
- The
willingness of your spouse/ex-spouse to cooperate in the information
gathering phase of your case.
- Your
opposing counsel's willingness to cooperate in the information gathering
phases of your case.
- The
number and complexity of the issues involved.
The
amount of time required will vary greatly from case to case. We do
not charge a "flat" fee as those may sometimes be unfair to the client
and other times unfair to the lawyer. We are prohibited by ethics rules
from charging contingent fees except in circumstances limited to collecting
unpaid support. We encourage frank discussions of fees and cost of
litigation both before commencement of services and during.
Q.
Will my spouse be required to pay my attorney's fees or litigation costs?
A.
Under Oklahoma law, the trial court in its discretion may order either
party to pay all or a portion of the fees and costs of the other. The
courts are also charged with the responsibility of "weighing the equities"
whenever a fee is requested. Ordinarily, this translates into Oklahoma
courts requiring the parties to pay their own fees except where one
party has been unreasonable either in the positions taken (requiring
additional or unnecessary time expenditure) or in very limited circumstances,
where one party simply has no ability to pay. It is quite rare that
a court ever requires one party to pay all of the fees and costs of
another party. Usually the courts apportion property so that unless
someone has acted unreasonably in the litigation, the parties would
be required to pay their own fees and costs. When the courts do require
payment, it is ordinarily only for that portion of one's fees that
were necessitated by unreasonable actions or the other.
Q.
Do you require a contract for your services?
A.
Yes. The rules of the Oklahoma Bar Association provide in cases where
a lawyer has not regularly represented the client, the basis of the
rate or fee shall be communicated to the client, preferably in writing.
It is always better to clearly spell out the rights and responsibilities
in the fee arrangement. We do not require a contract for consultations,
but if we are engaged to represent a client through litigation, a contract
is necessary.
|