Isaac Keahi Smith Attorney

Frequently Asked Questions

GENERAL QUESTONS

QUESTION: How do attorneys charge?

Generally an attorney's charges are based on the type of case. In most cases, particularly in the area of Family Law, attorney's fees are charged by the hour with Pre-paid attorney's fees advanced to the attorney (Retainer Fee). In some types of cases, a flat fee may be charged and in other cases like personal injury cases, the attorney may charge the client a percentage of the recovery (Contingency Fee). Under any of the above billing systems, the client is typically required to pay taxes and costs. The costs are items, such as Filing Fees, Witness Fees, Process Server Fees, Notary, Xerox, Resear, etc.

QUESTION: How much do I need to pay to speak with an attorney?

The first consultation with our office is generally free. That first consultation may take the form of a telephone consult where we try to determine the following:

1. The kind of case you have (criminal, divorce, DUI, etc.).
2. The status of the case (no legal action taken yet, ongoing action, appeal, etc.).
3. Is either party represented by an attorney?
4. Is this case in the areas of our practice?
5. My availability to represent the potential client in this case.
6. The Client's ability to pay legal fees and costs.

We are NOT able to give specific legal advice on the free consultation since the caller is NOT yet a client. Often the potential client may not know if they are going to hire an attorney after just a short consultation.

In many cases, clients seek specific and detailed answers to in-depth questions. In those cases we need to spend additional time with the potential client in a face-to-face OR we may need to review documents for the potential client. At that time we may recommend that the client come into our office for a Paid Consultation. At this Paid Consultation I will often make a presentation to the potential client on the specific type of case and review documents relevant to the matter. We will also generally review court rules, statutes, forms or documentation brought in by the potential client, relating to their particular case.

During the Paid Consultation I will try and answer all of the questions the client has. I will make recommendations on the direction of the case, explain the timing of the action (what happens first, second and next) and finally, I will provide the client with an approximate figure for attorney's fees and costs to handle their particular case.

QUESTION: Can a client make payments for attorney's fees and costs?

Payment for the Paid Consultation needs to be made at the time of the meeting. A payment schedule can often be arranged towards the Retainer Fee, depending on the type of case. Generally I will quote an hourly rate with a required retainer (a specific lump sum that represents pre-paid legal fees and costs, to be deposited in the attorney's Client Trust Account). When periodic billings are sent, they will be paid by the Retainer. If the Retainer becomes depleted, the client will be notified to replenish the Retainer.

Depending on the type of case and the client, the attorney may allow the retainer to be paid in more than one payment. For instance, a $4,000 retainer may be paid in two or more installments, with an agreement between the client and the attorney in writing.

QUESTION: Do you take credit cards? Can I put a portion or all of my retainer on a charge card? Can I pay a balance of attorney's fees and costs by credit card?

Yes. Our office accepts Visa, MasterCard, American Express and Discover charge cards. We also take cash and accept personal or business checks.

QUESTION: Do I need an attorney to represent me?

Not always. It depends on the matter and the legal issues. Sometimes you won't know if you need an attorney unless you contact an attorney and get some advice. This is the reason for the free consultation. Many attorney's give free initial consultations. You are also best off calling an attorney who practices in the area of your issue (eg. Family Law, Bankruptcy, Criminal Cases, Traffic, Personal Injury, Business etc.) I will often tell a potential client to go through the Yellow Pages and look under Attorneys and view the Sub-headings under the areas of practice. You may talk to several attorneys before you finally decide on one.

DIVORCE FAQs

QUESTION: What is a "contested" or "uncontested" divorce?

An UNCONTESTED divorce case is one in which the parties agree on ALL issues of their divorce. Since the parties agree on ALL issues in the divorce, there is NO fight or disagreement. The Attorney's job in an Uncontested divorce is generally to prepare the proper documents to complete the divorce case. Generally less time is spent on Uncontested cases and therefore less fees and costs are charged.

In a CONTESTED divorce case, the parties do NOT agree on the issues in the divorce case and therefore, the Court may need to assist the parties and counsel. When the parties disagree on major issues, the Court is generally involved by one party filing motions or requests for discovery. In Contested cases, the Attorney will generally be an advocate for their client and often the opposing party will also have an Attorney. The Court is often asked to make legal rulings on legal issues and ultimately if the parties cannot agree, the case may be set for Trial before the Court. Contested cases can sometimes become long and drawn-out and costly, since attorneys charge hourly in these type of cases.

QUESTION: What are the "Issues" in a Divorce case?

While there are many issues in a divorce, the below are a listing of some of the major issues.

• Children: Legal Custody
• Physical Custody
• Visitation
• Child Support
• Health Insurance
• Life Insurance
• Educational Expenses ( Pre-School, Private School, Post High School)
• Property Interests
• Alimony
• Real Property
• Vehicles
• Debts
• Deposit Accounts
• Retirement, Pension, IRAs, 401K
• Business Interests
• Military Issues
• Household Effects
• Personal Effects

QUESTION: How do I start the Divorce process?

Just Call. The first call is free and can be very educational and informative. We will discuss what your concerns are and what we can do to address them. If necessary, we can then schedule a Paid Consultation and have you come into the office to do a face-to-face to determine what your issues are and how we can help you resolve your case.