THROWING THE BABY OUT WITH THE BATHWATER

Board-Certified Family Law Specialist attorney Garrison “Bud” Klueck recently appeared on the “San Diego Living” program to talk about “throwing the baby out with the bathwater” and options for saving money on attorney’s fees.

QUESTION: Our Board-Certified Family Law Specialist attorney Bud Klueck is here. Bud says some people have a tendency to “throw the baby out with the bathwater”. Bud, how does that happen in family law?

ATTORNEY KLUECK’S ANSWER: Well, throwing the baby out with the bathwater is the time-tested cliché about overreacting to a bad situation. The person sees a bad situation to be solved or avoided, but the solution the person adopts is so extreme that it is counterproductive. The solution is worse than the problem.

QUESTION: We are all probably familiar with what the expression means, but how does it apply to family law?

ATTORNEY KLUECK’S ANSWER: Almost everybody has heard some horror story about how much their sister's or their cousin's or their neighbor's divorce cost. Or the folks have heard about the attorney’s fees and costs of some other kind of law case, like a civil case for money damages or a criminal case, like a DUI. Well, attorneys are professionals who have gone to school for a long time and have passed tough State exams, like a doctor or a dentist, and like doctors or dentists, charge their clients accordingly. However, my first piece of advice when you are listening to someone complain about their attorney bill, or their doctor bill or their dentist bill, is that you are hearing only one side of the story. There may well have been some complications in the case which the person who is telling you about the bill did not really understand or is keeping from you. But even if the person fully understood everything, which is tough whenever any of us are dealing outside of our own chosen field, and even if the description of how much the case cost was accurate, there is still a danger that hearing about it might trigger the dreaded throwing the baby out with the bath water reaction.

QUESTION: Why is that true?

ATTORNEY KLUECK’S ANSWER: Because it might tempt the listener to conclude that, if and when they get divorced, get arrested or get sued, that they will try to do it themselves - Never a good idea, just as it is not a good idea to take out your own appendix or to pull your own teeth. This is particularly true when there are so many ways to limit and save on attorney’s fees and costs. That is my real message. My message is not that you should not worry about attorneys fees. Rather, it is to take rational and sensible steps to save on fees rather than try to do-it-yourself. There is so much middle ground between letting your attorney handle everything, no matter what it costs, and trying to represent yourself in a very complex area of law. The more sensible question is how can I limit my fees or how can I save money, not how can I do-it-myself?
QUESTION: But some people can’t afford an attorney no matter what. You understand that don’t you?

ATTORNEY KLUECK’S ANSWER: Yes, of course that's true. But that doesn't mean they should not get legal assistance. There are free attorney services available for the indigent and those folks need to take advantage of that. But there are plenty of middle class people who could afford to have their own attorney, but decide not to having been scared off by the horror stories that they heard about someone else's divorce. Again, the productive focus here is how to have an attorney but limit the costs.

QUESTION: What are some ways to limit the costs?

ATTORNEY KLUECK’S ANSWER: The first thing to understand is that there is a connection between how much the spouses are wrangling or fighting and the fees they will incur. The first key to limit fees is to ask yourself – is what you are fighting about worth what you are paying to fight over it? A lot of times, when clients think it over, the answer is no. Secondly, understand that you will be charged for everything. Ask yourself, can my ex and I work out this day care problem, or do we really have to turn it over to the attorneys and have them charge us? Do I have to make that phone call to my attorney or write that e-mail because you will be charged for it if you do? Maybe you do need to make the call or to send the e-mail. But maybe you can get away with not doing it. Maybe the passage of time will lessen or eliminate the problem. The way to save fees is to be conscious of saving fees throughout the case. Thirdly, maybe the top attorney in the office may not be needed for some particular issue or task. Usually, the attorney's office will channel the various tasks to the appropriate personnel, but we are all so busy. As you are strategizing with your attorney about your case, don't be afraid to ask, could the paralegal or the associate handle that task? I would welcome such an inquiry because I may not have thought about it, and if you are right that is one less thing for senior counsel to have on his plate--cool, one less thing for me to have to do. However, the flip side of that is that if your attorney tells you why the particular task needs his attention, please let the task be handled at the level that is appropriate. Another way to save money is unbundling.

QUESTION: What is unbundling?

ATTORNEY KLUECK’S ANSWER: It is the short-hand term for what is often referred to as discrete-task representation. That is a situation where you can hire attorney to handle a particular discrete task. For example, you essentially are representing yourself, but you hire the attorney to go to court for this one particular hearing. Or the case has settled, through mediation perhaps, and you hire the attorney to review the final marital agreement. Maybe you do try to represent yourself, but you hire the attorney as a paid consultant and you go to consult with the attorney on an "as needed" basis from time to time, as the case progresses. You only pay for the limited services that the attorney does for you. Now you are still technically representing yourself, but you are not out on a limb trying to do something you were never trained to do in a field that you don't know much about. You have someone, who has been trained and is sophisticated in the field, to help you in your self-representation. Then there is the A-bomb of attorney fee saving.

QUESTION: What is the “A-bomb of attorney saving”?
ATTORNEY KLUECK’S ANSWER: Mediation. We have talked about that before. You hire the attorney to act as a neutral. The attorney doesn't represent husband or represent wife. The attorney acts as a neutral who uses his or her skills, training and experience to help the parties resolve their disputes. Not only are there usually less fees in bringing the case to a conclusion but the attorney, because he is a neutral, can prepare the documents for both sides. That is usually a big savings.

QUESTION: I assume, because you brought them up, that your office is able and prepared to help folks with all of these money saving methods?

ATTORNEY KLUECK’S ANSWER: Yes, of course. When people hire us, one of the documents that our clients receive is a handout on how to save attorney’s fees. We are among a minority of law firms willing and eager to do unbundling or limited representation. And I am a credentialed mediator. I got my first mediation training in the mid-90s and have been mediating ever since. I have a full credential from the National Conflict Resolution Center--few mediators in family law have that kind of credential.

QUESTION: Kind of weird, but refreshing - An attorney who is all about saving you attorney fees. If you want to talk to Bud about saving attorney’s fees for any other family-law-related case or topic, you should contact Bud in the firm's main office in La Mesa, near San Diego State, or any of the four satellite offices around the County - La Jolla, North County, downtown or South Bay. Just call the number (619)-448-6500 or access the web site directly at www.familylawsandiego.com or through the link at the San Diego 6 website.

Saving attorney’s fees. Great topic Bud, as usual.