Law Office of Mark Schleben
Attorney At Law


1423 South Fort Harrison Avenue
Clearwater, Florida 33756

Telephone:
Things To Consider

When I sat down to try to write something that I thought would be helpful to potential clients, I thought it best to address the most frequently expressed concerns of my clients when I meet with them in the office for the first time. Please understand what I write here is not to be considered specific legal advice for your situation, nor is it intended to create an attorney/client relationship with a casual reader. The only way to create that relationship is where you agree to hire me and I agree to work for you, and in most cases, money changes hands. Also, general principles that apply in many or most situations may not apply in your particular situation if you have unique circumstances, since obviously I cannot address every conceivable set of unique circumstances in this website.

That said, I will deal with some questions here. One of the things that I commonly say in response to many questions from client's is that I can give my "standard lawyer answer" which is:

"It depends..."

and what I mean by that is that in most cases I do not have total control over every set of facts in every particular case that might influence the answer. But, in general, here goes...

  1. "What is my case going to cost and how long will it take?"
    That of course, is a reasonable question. There are certain kinds of cases, mostly uncontested cases, where I can answer that question with relative certainty. Many Chapter 7 and Chapter 13 Bankruptcies and many divorce cases are totally uncontested meaning that everyone concerned with the situation agrees on what needs to be done and my job is to make it happen within the legal system. Those cases are much easier to quote a flat fee on. See the "Fee Schedule" portion of this website for more information on attorney's fees and court costs.

    Also, those totally uncontested cases are fairly predictable procedures, which leads to accurate predictions about time. For example, most Chapter 7 are completed (i.e. a Discharge to the Debtor is entered) within four months from the time of filing. Likewise, a totally uncontested divorce or other court proceeding where the parties agree on all of the points, can be over with in as little as 6-10 weeks from the time of filing, depending on the schedule of the Judges and the attorney's involved.

    Contested matters are more difficult to predict. In bankruptcy Court, if a creditor or trustee challenges parts of the Debtor's petition, several months can be added until the attorney's work is completed. Likewise, in a divorce case, if the parties cannot reach a quick agreement based on adequate information to all parties, the attorney must prepare the case for trial. Even though 85% - 90% of all cases (in my experience) settle without a trial, it may often take several more months of work and investigation and sometimes temporary court hearings, before a case is even ready to set for trial. Also, Court dockets are somewhat crowded requiring the parties often times to wait months for a Court hearing after calling to obtain one.

    Again, experience is what helps an attorney plan the best way to approach a problem in order to achieve a final resolution.

  2. "What is going to happen in Court?"
    If a case goes to trial or an evidentiary hearing before a Judge, that Judge will hear both sides of the dispute and make a decision. That decision is supposed to be based on the evidence presented. Because Judge's are human beings and because human beings are not 100% predictable 100% of the time, no attorney can be 100% certain of what is going to happen in Court. Knowing this, the attorney's real job is to make an effective presentation to the Court based on the available evidence which supports the client's position. My job is also to be aware of the evidence to be used by the other side of the dispute so that I can do the best job possible planning for that evidence and possibly refuting it. At my first meeting with the client, I do not usually know every single thing about what the evidence will be. Sometimes the client also does not know. In those situations, the best I can do is to give the client an educated opinion in applying the facts as related by the client to my knowledge of the general principles of law that apply to the situation. 
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.