Frequently Asked Questions

What is an advance, and why do you require one?

An advance is a deposit of money which is put into a trust account until the money is earned. It's an advance payment, so to speak. I bill every 30 days, and transfer the amount I earn from each advance into my business checking account. Once an advance is depleted, you are required to pay another one. If the case is completed and money remains in the trust account from your advance (i.e., I haven't earned it), I refund the unearned portion to you. Advances are required to ensure payment and to have money available to pay the various costs necessary as they arise.

My spouse and I agree that we want a divorce, and we also agree on all issues. Do we need to have separate attorneys?

No, not if you both want an attorney just to prepare the papers and not provide legal advice. If you also want legal advice, that would create a conflict and, therefore, separate attorneys would then be necessary.

Do I have to have an attorney to go to court?

What is so hard about an eviction? If my tenant does not pay rent, I just go to court and have them thrown out, right?

No, but is helpful most of the time to have representation by an attorney experienced in the type of case you have. There are certain things only a person with years of experience will know. If you cannot afford an attorney to represent you through the entire process, consider paying for at least a consultation. You will gain some knowledge and a lot of advice which can only help. You can also hire an attorney for limited representation, such as just attending a mediation with you, which can also make it more affordable.

Can’t I prepare my own lease?

Right, but you must be sure you comply with the law and the lease, if you have one. There are strict requirements in eviction actions. Certain language must be put in the notice to quit. A 30 day notice may have to be served before the due date of the rent. This is one area of law where an attorney is worth every penny.

What should I look for in an attorney?

Of course, but you must make sure it is legal and protects you (e.g., allows you to evict for failure to pay rent). I prepare leases for landlords regularly who pay me to prepare one which can be used repeatedly. It’s money well spent.

I believe your attorney should be experienced in the area in which you need representation, and be accessible to you. You should be comfortable with your attorney, and they should keep you informed about your case as you have one chance in court. If, at any time, you are not comfortable with how your case is proceeding, speak to your attorney about the problem. If you still feel uneasy, consider getting a second opinion by another attorney. Don’t be afraid to speak up if you have concerns. Remember, it’s your case. You reap the benefits of a great attorney, and suffer the consequences of a bad one.