Andrew Ewalt's Law Blog

How A Law Firm Should Be Run: Part II

One of the most important issues an attorney must address are the fees for their legal services.  A client should always know in writing what the fees will be for a particular matter they wish to retain an attorney for. 

I always use a Retention Agreement for every new client matter.  The Retention Agreement may come in many different forms.   In some situations a formal letter is provided to the client. In other situations the Retention Agreement looks more like a contract for services. Either option will outline the legal matter and responsibilities of the attorney and my staff.  The agreement will also explain what fees and expenses are expected for the matter.   The client and the attorney will sign the Agreement and copies will be provided to the client for their records.

What about fees? There are many options when it comes to fees.  Sometimes fees are charged on an hourly basis.  On the other hand I prefer to use flat rate billing when possible .   For the client the benefit of a flat rate is knowing ahead of time what the total fees will be for a particular service.  For many of the services I provide flat rate billing is used, Residential Real Estate,  Wills and Trusts are just a few examples of my flat rate services.

As the client it is your right to know what the fees will be for the services you need.  Sometimes only an estimate can be provided but in many cases a flat fee can be used.  Either way be certain that all the terms of the services are in writing.

How A Law Firm Should Be Run: Part I

One of the biggest complaints  I hear about attorneys is that we do not return telephone calls.  In my opinion this should never be a problem for any attorney. Yes, as an attorney I can be very busy at times but this should still be no excuse for not returning a call.  Typically, I can return a call within the same day but not always.  For the occasion when I can not speak to someone right away I have a policy of returning every received telephone call within 24 hours.

My voice mail message reflects this policy.  If you call and I am unavailable and you leave a message you will hear my policy that I will return your message by the next day or on Monday if you called Friday. 

I think it is very important that my clients and business associates know they can reach me when they need to speak with me and they should know I will make every effort to speak with them if we where not initially able to do so.  I would expect nothing less from someone I tried to reach.  Returning a clients call promptly is something I pride myself on and every attorney should feel the same way. 

Special Needs Planning: Part 1

One of the best parts of my practice is when I have the opportunity to assist parents of a child with special needs.  A concern of all parents, (but especially parents of special needs children) is what will happen to their child/children if something happens to them (parents become disabled or die) and they are unable to care for their child/children. 

A typical scenario for parents considering their estate planning is how to leave their estates to their children. When the children are still minors it is best to do so in a trust for the benefit of the child.  Then (if the parents so choose) the trust assets may be distributed directly to the child at a time when the parents feel the child is an adult and will be responsible with the money. 

Parents of children with special needs must consider other factors. A major difference is that the need for care may continue for the special needs child's entire life and will often incorporate social and government programs and benefits.  These programs and benefits may become negatively effected or lost if the child is given money or directly inherits any money from the parents or other individuals.  Thus it is very important that parents, grandparents, siblings, and other family and friends find alternatives for leaving gifts or their estates to children with special needs.

One very popular and very effective solution is to use a special needs trust which is specifically designed to address these unique issues and concerns. 

Happy New Year

I hope that every readier has a wonderful and prosperous 2009!