General
How do you charge?
Family law cases are billed hourly, elder law clients are charged a flat fee (with some exceptions for both).
How will my attorney communicate with me?
You deserve timely communication with your attorney. Many people complain that they do not hear from their attorney or that they cannot get a call back. This is something you should not experience. If you have an urgent issue that needs to be addressed, want an update or just touch base my assistant Brenda is able to schedule 15- minute phone appointments on my calendar or she can ask me your question. I check my email throughout the day and will respond as soon as soon as I have an answer to your question or issue. I never want you to feel out of the loop in your case.
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Will you travel to me?
Generally most of my meetings are held in my office, weekdays between the hours of 9am-5pm. I am willing to travel for my Elder Law clients and charge a fee for this service.
Do you offer a free consultation?
I offer a free initial telephone consultation. In person meetings are charged at my current hourly rate, which we will discuss on the telephone. Give me a call at 513-771-2444 to schedule. I look forward to speaking with you!
Does your firm use mediation?
Mediation is always an option so long as both parties are willing. In some circumstances, you will be ordered by the Court to attend mediation regarding parenting issues.
Family Law
What is the difference between a divorce and a dissolution of marriage?
A dissolution of marriage is a way to terminate your marriage with the Court. In order to proceed with a dissolution of marriage, you and your spouse must come to an agreement on all issues in your marriage prior to filing anything with the Court. Often people view this as the most amicable way to terminate a marriage. A divorce can either be contested or uncontested. An uncontested divorce is similar to a dissolution of marriage but involves a different process. Often an uncontested divorce is filed because one party cannot be present in Court. A contested divorce is filed if the parties are not able to come to an agreement prior to filing anything with the Court. Divorce is also used to seek relief from the Court in the form of temporary orders (child support, spousal support) or if there are issues of domestic violence in the household.
How is Collaborative dissolution different than a traditional dissolution?
Collaborative law is a process designed to keep families out of court and at the negotiating table. As I explained above, there are two ways by which to terminate your marriage in Ohio, dissolution and divorce. If you choose dissolution, you have the option of entering into the Collaborative process as a means to achieving your dissolution. With Collaborative Law, you and your spouse must both choose collaboratively trained attorneys and you both must agree to the process. You will have the option of involving “neutrals”, a Family Relations Specialist and a Financial Specialist, in your process. Often, these neutrals are paramount in ensuring that your process is a smooth and effective one. At the first meeting you will enter into a Collaborative Agreement which states that you and your spouse are so committed to resolving your differences outside of Court, that if either of you terminate the process, there will be a waiting period and you must hire new attorneys to file your case.
What is your consultation process for family law cases?
Give us a call at 513-771-2444 to schedule a consultation. I look forward to speaking with you!
Where will I go to Court?
You will attend Court at either the Domestic Relations Court or the Juvenile Court in your county, depending on the nature of your case.
How much will this cost?
The cost of representation will vary widely depending upon the scope and complexity of your case. Typically, our firm bills by the hour for family law cases. It is important to sit down and think about what you are realistically able to spend in order to meet your objectives. If you know that you only have a limited budget, it may be difficult to fund a fully litigated custody battle. An attorney’s hourly rate generally corresponds with how long they have practiced. Additionally, that rate can vary if you hire a solo-practitioner, versus someone in a large firm. I currently charge $225.00 per hour for my hourly work. I also request an initial retainer up front which remains in a trust account until I earn it. You will receive monthly invoices that will show your retainer balance or you can call and ask at any time. If there are any funds remaining after the case is complete, it is returned to you. We will discuss the status of your retainer as the case progresses. It is possible that, due to the scope of your case and litigation, an additional retainer will be required mid-case.
Does my attorney spend his or her days practicing family law?
It is wise to use an attorney who regularly practices family law when hiring someone for your family law issue. Their familiarity and expertise with the issues will generally make your process go smoother.
Why should I hire an attorney if I can represent myself?
Represent yourself at your own risk. I cannot count how many times people have come to me after starting off representing themselves. It is usually not a pretty picture. Property settlements and issues related to children and child support can be extremely complicated. These issues can have legal ramifications that follow you into the future. It is important to hire legal counsel to advise you regarding these issues. Navigating the Court systems alone can be complicated, frustrating, and time consuming. Our firm will simplify the process by taking the lead through all facets of your case.
Elder Law
I am on Medicare, why do I need to worry about Medicaid for my long term care?
Unfortunately, this is a common misconception. Medicare will pay up to 100 days of skilled care under certain circumstances, but will only pay in full for 20 days. You will be responsible for a co-pay for days 21-100 in most all situations. Medicare is not a long term solution for your nursing home care needs.
I am not an “elder”, why do I need elder law?
Elder law can be useful for a very large population of people, believe it or not! Young people may need elder law to plan for special needs children or to plan for their future.
When I am applying for Medicaid, how far will they look back at my assets?
In Ohio, you will be required to provide 5 years of documentation of assets from the date of your Medicaid application.
Is there any way to save some of my money even though I have to go onto Medicaid for nursing home care?
Yes. There is a possibility we can help preserve some of your assets, especially if you retain counsel early on in the process.
My husband is going to a nursing home and I have always been a homemaker, how will I pay my bills?
The law allows a certain amount of your spouse’s income to be diverted to you. You are also permitted to retain some of your assets which will not be subject to spend down.
Are there Medicaid based programs that will allow me to stay in my home?
Yes, in certain circumstances you may qualify for the PASSPORT program that provides an alternative to nursing home care. There will still be strict requirements for asset and income eligibility though.
Why do I need a will or trust?
A will serves as instructions to your family and the Court as to your final wishes. Without one, the Court will decide these things. Trusts can serve to simplify your estate administration and will be easier on your family during their time of grief. Trusts will also save time and money on probate.
How much will this cost?
The amount of the fee depends largely on the type of case you have. We will discuss the fee (which is typically a flat rate for estate planning and elder law services) during our phone call and in person meetings.
How do I get started?
Give us a call at 513-771-2444 to schedule a consultation. I look forward to speaking with you!