FRAN BROCHSTEIN -- 713-847-6000 office and 713-805-9591 cell
Thursday, January 3, 2008
My time is what I sell
I have clients that call me everyday to ask me questions. I'm glad to try to calm their fears. However, when they receive their bill they are shocked at how quickly their calls add up. (I normally give a new client 2 "free" calls because in the beginning many people are scared and a quick answer calms them down).
If you think about it, all an attorney has to sell is their knowledge and their time.
Many people want a flat-rate fee -- however, they also want to be able to call on a daily basis and talk to their attorney. Most flat-rate attorneys will NOT accept your phone calls.
I don't think that most people recognize how much time each phone calls takes.
Today, I received over 75 emails and 10 phone calls. I did not get the chance to deal with everyone that contacted me!
When someone leaves a message that it's urgent and to call "anytime" I often want to call them at 2 a.m. and see if they appreciate my call!
I'm a night person and a couple of weeks ago someone called me at 1 a.m. and I picked up the phone. She was shocked to reach me ,but I figured that if someone called that late it must be important. I referred her to somone in her county for legal help.
Grandparent Rights
Several years ago, a U S Supreme Court case (commonly known as Troxel) limited grandparent rights.
Every state since this U S Supreme Court ruling has been reviewing their state laws and conforming with the U S Supreme Court case.
Grandparents in TX (generally speaking) only 2 ways to see their grand-children:
1. if their child is in prison
or
2. their child is deceased
If you want to see your grand-children and your adult child is married and they won't let you see your grand-children, you can sue but you probably won't get to see the grand-children.
If the grand-children have lived with you for over 6 months and the parents do NOT live with you, then file for custody and get some sort of legal relationship established with these children you are raising.
Most grandparents don't call an attorney until it's too late.
If you have been raising the children for over 6 months AND THE PARENT(S) DO NOT LIVE WITH YOU -- then you have legal standing in TX to sue for custody.
If in doubt, pay an attorney for one hour of their time and get the facts! Many attorneys will meet with you for around $150-$250.
That is a small price to pay for peace of mind.
With knowledge comes power!
POWERS OF ATTORNEY
Please do NOT waste your money on office supply store or internet websites that sell powers of attorney(s) forms!
You need to hire an attorney that knows what they are doing!
Many people execute these forms BEFORE they have major surgery or if they are terminally ill and they think they are safe!
These forms do NOT work for custody of minor children!
If you are terminally ill and want to make sure that your minor children go to a certain person, you need to go to court and have that person added to the list of conservators!
Family courts are sympathetic to families that are experiencing a major crisis and will work with you if they feel that adding another conservator would be in the best interests of the children.
Tuesday, January 1, 2008
My new websites
In addition to www.familylaw4u.com, I also own
www.txholisticlaw.com and www.texasholisticlaw.com
I'm determined to make attorneys respectable again and not be treated like the scum of the earth!
Attorneys need to remember that we were once considered attorneys and counselors at law!
We need to listen to our client's needs and wants.
We need to be a profession again and not just a job!
People trying to save money
I have found that people that try to save money usually end up paying more!
Many people are "afraid" to serve their spouse. I don't understand why. You get the person served and if they do not answer within the required time, then you can do a default case!
Many attorneys that don't do a lot of family law, don't understand how to do a divorce by publication or a service case.
I encourage everyone to hire an attorney that does a lot of your area of the law.
When I need an elder law attorney or a criminal attorney, I hire one. I don't try to do it myself. I went to law school over 20 years ago and the laws have changed since then.
I don't try to do everything! I don't refer friends to attorneys that claim they can do it all! No one can. You need someone up-to-date and familiar with the courts.
If I don't handle the kind of law you need, I refer you to a person I know and respect. Many of these people are not personal friends and I don't get a kickback!
I have a lot of loyal clients because they know I do what's best for them and they refer all their friends, family and people they work with to me.
Satisified clients are my best form of advertisement.
Divorce by publication
People keep calling me and wanting to get a divorce by publication when they don't know where their spouse is.
In Harris County, the judges met and decided that they will not longer approve a divorce by publication until they have ample proof that the person cannot be found.
I've been appointed by several courts in Harris County to find missing spouses, my success rate is approximately 75%. If the person have utilities in their name or a credit card, I can find them. Only a person that lives on a cash basis can stay below the "radar screen" these days.
Don't waste your money on a $200 internet search to find your missing spouse. I can do it for under $100! My access is better than anything you can find because I use websites restricted to law enforcement, p.i.s and attorneys.
I can easily do a publication divorce but they take longer and cost more.
If you can find your spouse, it is definately cheaper to just serve the person and get it done.
Do It Yourself Kits
People keep calling me after they have paid for a on-line do it yourself divorce kit and they want me to fix it for FREE!
I've talked to an attorney on the State Bar committee for the unauthorized practice of law about these kits and the State Bar has determined that they cannot do anything because these companies are located outside of Texas.
If you order a kit from California, Colorado, Florida, Washington or New York, don't be surprised if they don't work in Texas.
Two signs that they were not designed by a Texas attorney are --
1. they use the term "matrimonial law" and
2. they use a lot of "exhibits".
Also, if the kit has a lot of "check the right answer" it won't be approved in Texas.
These kits are expensive, I've seen several people pay over $400 for a do it yourself kit with no kids, no property, nothing -- I charge $175 for a kit that works & I make all the copies!
Also, be aware that you are going to have to pay the county filing fee. These costs are usually over $200. The attorney does not get the money -- the county gets the money!
This is definately a BUYER BEWARE issue! If you waste your money, don't expect any attorney to have sympathy for you.
It is quicker for me to use my forms and to do the work.
Don't expect an attorney to fix the mess you've made for free!
I'm not the cheapest lawyer in town but I do the work right and I get the job done!
Thanks for letting me vent!
Thursday, October 11, 2007
2008 Conference of the Int'l Alliance of Holistic Lawyers
The 2008 conference of IAHL (International Alliance of Holistic Lawyers) is going to be May 15 - 18, 2008 at the Retreat Center at St. John's in Plymouth, Michigan.
To join AIHL go to our website at www.iahl.org and join.
We are currently looking for Requests for Proposals for the conference for workshops, presentaitons and discussions. The RFPs are due by December 1, 2007. Presenters receive a discounted conference fee of approx. $200.
Students cost approx. $150
Attendees cost approx. $250 if you belong to IAHL or $350 if you don't.
Rooms are approximately $40 per night.
I attended the 2006 and 2007 conferences and they were both wonderful. I returned from the conference energized and refreshed.
Our keynote speaker is going to be WARD POWERS - the Director of the movie "ONE".
Tuesday, October 2, 2007
PLEASE vote for a NEW Family Law Courthouse
Please vote on November 5, 2007 FOR Proposition 5. .
Proposition 5 is about building a new family law courthouse in Harris County.
Please vote FOR this proposition.
Harris County desperately needs a modern and larger family law courthouse.
To learn more about the proposed Comprehensive Family Services Center please visit www.hcfamiliesfirst.org
Thank you!
Adress to mail in child support payments
Make ALL payments through:
Texas Child Support Disbursement Unit
P O Box 659791
San Antonio, TX 78265-9791
Be sure to include your unique case number, the payee's name (the person who should receive the check) and the payor's name (you!).
Be sure to keep proof that you made the payment. Keep the paperwork until your youngest child turns 23 years old.
If the payment is misapplied, it is YOUR responsibility to have proof that you made the payment.
If your employer withholds the money, be sure to keep all payroll stubs to prove that the money was taken out of your paycheck.
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