I try very hard to reply promptly to all telephone calls & emails.
Recently I've noticed that some people use "bogus" phone numbers & emails addresses.
(Or, they cannot type in their email address or remember their phone number.) I cannot reply to emails and phone calls when I don't have correct information.
Also, please remember that background noises interfere with your cell phone. I cannot emphasis how frustrating it is to not hear all the digits of a phone number or to immediately call a person back and go directly to voice mail. I don't have time to play phone-tag!
If you calling attorneys for legal advice, please be sure to have your cell phone charged up AND be sure to answer your phone. This is not the time to "screen" your calls. I am taking time out of my busy day to return your call, you need to take the time to answer your phone! And, if you put me on hold to take another call, I will hang up on you -- remember -- I'm doing YOU a favor to talk to YOU!
Lastly, in your email "subject line" please put "legal question for Fran Brochstein". If you leave the subject line blank or put something like "hi", I don't open your email since most of these sort of emails are spam.
And, do not write a long email in one rambling paragraph - I just can't and won't read it -- be sure to write short, concise paragraphs. I don't need your entire life story to answer a quick question.
Be advised that no attorney is going to give free legal advice based on a short email - the legal liability is just too great.
If you have a legal problem, you need to pay the money and sit down face-to-face with an attorney in your area that specializes in your legal problem.
Tuesday, May 22, 2012
Rose Cardenas, JD
I am not professional associated with attorney Rose Cardenas.
We are not in professionally connected or associated.
Since she speaks fluent Spanish, I refer legal cases to her as a courtesy to people that call me.
I've known her professional for over 15 years.
I have attended the Advanced Family Law Seminar in San Antonio with her for the past 2 years.
She has been licensed to practice for in the State of Texas over 20 years.
I have the same phone number that you do - I don't have any "magic" way to locate Rose!
We are not in professionally connected or associated.
Since she speaks fluent Spanish, I refer legal cases to her as a courtesy to people that call me.
I've known her professional for over 15 years.
I have attended the Advanced Family Law Seminar in San Antonio with her for the past 2 years.
She has been licensed to practice for in the State of Texas over 20 years.
I have the same phone number that you do - I don't have any "magic" way to locate Rose!
I am no longer offering DO IT YOURSELF LEGAL KITS
I also no longer offer the DO IT YOURSELF DIVORCE KITS.
It was a great concept that just did not work.
Why?
- People made appointments -- but did not show up over 50% of the time. Even when I called to confirm their appointment the day before & they never called to let me know that they were not going to show. For example, one day 4 people were no shows!
- People showed up -- but did not bring money to pay me for the kit -- they just wanted to talk for free -- this was AFTER I'd talked to them on the phone & told them what to bring & how much cash to bring with them.
- People showed up -- but did as we started to talk it turned out that they did NOT have an agreement.
- People showed up but had already bought a kit & they wanted me to fix their on-line piece of "junk" for free -- sorry - they bought a piece of "junk" and I can't fix "junk"!
- People wanted me to "force" their soon to be ex into an agreement -- that is not an "agreed" divorce -- I cannot "force" a person into an agreement! (One man actually said in front of me that he would beat his wife if she would not sign the paperwork -- I had my assistant keep him busy while I had her get in her car and leave & when he threatened me I told him that I'd call the police if he did not leave & I refunded his money back to him!)
- People wanted to me to provide "marital counseling" for them - they needed counseling not legal advice.
- Some couples wanted me to prepare agreements that violate the TX Family Code so I refused to even do the paperwork since no judge would sign their Final Decree of Divorce. I was trying to offer kits at reasonable rates based on the TX Family Practice Manual - not re-invent the wheel. Some people wanted a custom-made kit -- but they did not want to pay for a custom-made product!
- A couple of people had a lot of assets & really needed to hire an attorney to draft their legal documents -- these were not "simple" divorces -- I'm talking about people with over $500,000 in assets, a QDRO needed to be drafted & even profitable businesses -- but they did not want to pay an attorney to do the necessary paperwork -- they wanted to pay $200 for a "simple" divorce when they have $1million dollar businesses, retirement, and real estate investments -- crazy!
- And, the opposite was true with debts. A few couples came in with complex and totally disorganized estates that needed someone to sit down with them and try to figure out their financial mess. My kit was a one-time meeting that was based on both parties making full and complete honest disclosure to each other. It was not designed for people with complex legal problems -- good or bad. People with good or bad legal problems need to sit down with an attorney and have a long discussion about their future. My one-time limited appointment was never designed for that purpose.
- Women had men by several different men that required complex paperwork and several child support orders and visitation orders but they did not understand that they did not have a "simple" divorce & the fathers did not want to pay child support -- they had a real legal "mess" on their hands that required each father to be served with legal paperwork.
- Battered women came in & needed a protective order & they did not qualify for a "simple" divorce.
- People bought a divorce petition with children for approximately $150 -- but they never came by for the final divorce documents so I don't know if they ever divorced or if they reconciled.
- I charged under $200 for a divorce kit with no kids, no property (except vehicles) and I included all required TX forms, Power of attorney for motor vehicles, Waiver of Service and Final Decree and I even told people where to park downtown and what to say to the judge. I made all copies - people still could not afford to pay for that divorce kit.
My website
I am in the process of updating my website.
I now only mediate. My legal practice is now only 100% mediation.
I no longer litigate -- that means that I am no longer practicing family law. I am serious -- I am not accepting new cases.
I am willing to offer a one-time consultation at $3 per minute -- but that means that I cannot mediate your case in the future.
To serve as a mediator, I must remain neutral. I must be a clean-slate.
I now only mediate. My legal practice is now only 100% mediation.
I no longer litigate -- that means that I am no longer practicing family law. I am serious -- I am not accepting new cases.
I am willing to offer a one-time consultation at $3 per minute -- but that means that I cannot mediate your case in the future.
To serve as a mediator, I must remain neutral. I must be a clean-slate.
Old blogs never die!
In the past month I've received at least 4 phone calls from people wanting to do adult name changes. They have seen really old blogs I've posted several years ago on adult name changes.
PLEASE DO NOT RELY ON OLD BLOG POSTS THAT I WROTE OVER A YEAR AGO!
Please be advised that I have not handled an adult name change in over 3 years. I'm not current on what the current Harris County Family District Court Judges policies are regarding adult name changes.
Additionally, if you file in a Harris County Civil District Court, those judges have a TOTALLY different policy regarding adult name changes.
For example, in family court you turn in the forms slowly. In civil court, you hand in all the forms at the beginning. I have never done an adult name change through the civil court system. I got used to the family court system and I always filed my adult name changes in the family system - those judges knew me so why not go where I'm recognized.
In summary, in the State of Texas, the Texas Legislature meets every 2 years. They last met in 2011 and some laws changed. Therefore, you cannot read a blog of mine written before 2011 and rely on it!
Plus, in 2011 several new people took the bench in Harris County Family District Courts. The laws might be the same but human beings interpret the laws and each judge interprets the laws slightly differently.
PLEASE DO NOT RELY ON OLD BLOG POSTS THAT I WROTE OVER A YEAR AGO!
Please be advised that I have not handled an adult name change in over 3 years. I'm not current on what the current Harris County Family District Court Judges policies are regarding adult name changes.
Additionally, if you file in a Harris County Civil District Court, those judges have a TOTALLY different policy regarding adult name changes.
For example, in family court you turn in the forms slowly. In civil court, you hand in all the forms at the beginning. I have never done an adult name change through the civil court system. I got used to the family court system and I always filed my adult name changes in the family system - those judges knew me so why not go where I'm recognized.
In summary, in the State of Texas, the Texas Legislature meets every 2 years. They last met in 2011 and some laws changed. Therefore, you cannot read a blog of mine written before 2011 and rely on it!
Plus, in 2011 several new people took the bench in Harris County Family District Courts. The laws might be the same but human beings interpret the laws and each judge interprets the laws slightly differently.
Wednesday, September 7, 2011
Hiring a mediator does not mean you don't need to hire an attorney!!
I keep receiving phone calls from people that think that if they hire a mediator that they do NOT need to hire an attorney.
Obviously many people do NOT understand the role of a mediator!
They think that if they hire an attorney/mediator that they do not need to hire an attorney to assist them. They are wrong, wrong, wrong.
If I assume the role of a mediator then I must take off my "hat" as an attorney. I cannot function as an attorney. I cannot provide legal advice. I cannot prepare legal paperwork. I cannot do the legal paperwork necessary to finalize a divorce. After practicing law for 20 years I have avoided greviences against me. I intend to continue my clean record! I also as a "credentialed" mediator in the State of Texas. I am held to a high standard of conduct as a mediator. Therefore, I don't intend to start letting my ethics start slipping as an attorney or as a mediator!
If I assist a couple if coming to terms with the the final outcome of their divorce I am unable to assist them with preparing the paperwork to be submitted to the judge to sign the final paperwork!
Therefore, the couple must still retain the service of a Texas attorney to assist them in preparing the final paperwork.
So what can a couple do to avoid hiring an attorney?
The answer is not much.
They cannot use the services of a paralegal to do the final paperwork -- it is illegal for a paralegal to do so in the State of Texas. In fact, it is a felony for a paralegal to do so! The District Attorney's office as prosecuted paralegal's for doing paperwork for people. Why? Because often a paralegal has been known to do the final paperwork WRONG! FYI: There is one Harris County family cout associate judge that has personally called the District Attorney's office and given the DA's office the name of a paralegal and their contact information in order to aide in the prosecution of paralegals that do bad paperwork!
Also, please don't waste your money with the kits advertised on radio, television and the internet. If you listen carefully to their ads they state that they are not prepared by attorneys! That is how they State Bar of Texas has avoided suing them for the unlawful practice of law in the State of Texas! Also, their "guarantee" is worthless! I believe their guarantee is for 60 days and a divorce in Texas takes over 61 days -- so you don't get your money back. Plus, they don't give you the REQUIRED forms that the judge will want in order the finalize your divorce in Harris County and in the State of Texas. Plus, they don't sell you the required Employer Wage Withholding Order and other necessary forms that you will need if you have minor children.
If a couple is broke, busted, and on a limited income then there are pro bono (free) legal services available. Houston Volunteer Lawyers Program at 713-228-0732 comes to mind. I worked there many years ago. There is also Lone Star Legal. The 3 law schools in town also have services. You can go to the State Bar of Texas website and look for their pro bono list of programs in the State of Texas. Be prepared to wait since the free programs are overwhelmed and understaffed. Their funding has been drying up. The demand for free services is swelling & there just are not enough people to handle the demand.
Many attorneys offer payment plans.
Patricia Bushman at 713-807-9405 offers payment plans.
You can look for a recent law school graduate. However, I would suggest that you find someone that has a couple of years experience. A recent graduate does not know what they are doing and you don't need to be their first case! Many times someone with 5-10 years experience can do the job much quicker and right the first time -- for less money since they know what they are doing!
You can always go to the Family Court house -- there are now courts at 2 courthouses -- the Family Courthouse at 1115 Congress & the Civil Courthouse -- both are downtown just a couple of blocks away from each other -- and you can look around and try to find an attorney that looks like they are "hungry" but smart. I'd go down in the morning -- usually on a Monday morning when there is docket call. I'd pick someone with a few wrinkles in their face. Pick someone that is nice. It's your money -- so don't pick someone that treats your rudely!
You can check the Greensheet. I advertised in there for years approx. 15 years ago but I quit. There is just too much competition these days & too many shoppers. Plus now everyone has the internet. I found that most people use the internet to find an attorney. The Greensheet was not as popular for hiring a family law attorney.
You can look on http://www.lawguru.com/ and http://www.avvo.com/ for many family law attorneys.Both sites allow you to post free questions. Read the attorney answers & find someone that sounds nice.
There are many, many free websites for attorneys to advertise on these days. I used to pay to advertise but now there are literally probably 25 free attorney sites that I appear on. I've had a website over 15 years so I'm a really old, old internet presence.
Obviously many people do NOT understand the role of a mediator!
They think that if they hire an attorney/mediator that they do not need to hire an attorney to assist them. They are wrong, wrong, wrong.
If I assume the role of a mediator then I must take off my "hat" as an attorney. I cannot function as an attorney. I cannot provide legal advice. I cannot prepare legal paperwork. I cannot do the legal paperwork necessary to finalize a divorce. After practicing law for 20 years I have avoided greviences against me. I intend to continue my clean record! I also as a "credentialed" mediator in the State of Texas. I am held to a high standard of conduct as a mediator. Therefore, I don't intend to start letting my ethics start slipping as an attorney or as a mediator!
If I assist a couple if coming to terms with the the final outcome of their divorce I am unable to assist them with preparing the paperwork to be submitted to the judge to sign the final paperwork!
Therefore, the couple must still retain the service of a Texas attorney to assist them in preparing the final paperwork.
So what can a couple do to avoid hiring an attorney?
The answer is not much.
They cannot use the services of a paralegal to do the final paperwork -- it is illegal for a paralegal to do so in the State of Texas. In fact, it is a felony for a paralegal to do so! The District Attorney's office as prosecuted paralegal's for doing paperwork for people. Why? Because often a paralegal has been known to do the final paperwork WRONG! FYI: There is one Harris County family cout associate judge that has personally called the District Attorney's office and given the DA's office the name of a paralegal and their contact information in order to aide in the prosecution of paralegals that do bad paperwork!
Also, please don't waste your money with the kits advertised on radio, television and the internet. If you listen carefully to their ads they state that they are not prepared by attorneys! That is how they State Bar of Texas has avoided suing them for the unlawful practice of law in the State of Texas! Also, their "guarantee" is worthless! I believe their guarantee is for 60 days and a divorce in Texas takes over 61 days -- so you don't get your money back. Plus, they don't give you the REQUIRED forms that the judge will want in order the finalize your divorce in Harris County and in the State of Texas. Plus, they don't sell you the required Employer Wage Withholding Order and other necessary forms that you will need if you have minor children.
If a couple is broke, busted, and on a limited income then there are pro bono (free) legal services available. Houston Volunteer Lawyers Program at 713-228-0732 comes to mind. I worked there many years ago. There is also Lone Star Legal. The 3 law schools in town also have services. You can go to the State Bar of Texas website and look for their pro bono list of programs in the State of Texas. Be prepared to wait since the free programs are overwhelmed and understaffed. Their funding has been drying up. The demand for free services is swelling & there just are not enough people to handle the demand.
Many attorneys offer payment plans.
Patricia Bushman at 713-807-9405 offers payment plans.
You can look for a recent law school graduate. However, I would suggest that you find someone that has a couple of years experience. A recent graduate does not know what they are doing and you don't need to be their first case! Many times someone with 5-10 years experience can do the job much quicker and right the first time -- for less money since they know what they are doing!
You can always go to the Family Court house -- there are now courts at 2 courthouses -- the Family Courthouse at 1115 Congress & the Civil Courthouse -- both are downtown just a couple of blocks away from each other -- and you can look around and try to find an attorney that looks like they are "hungry" but smart. I'd go down in the morning -- usually on a Monday morning when there is docket call. I'd pick someone with a few wrinkles in their face. Pick someone that is nice. It's your money -- so don't pick someone that treats your rudely!
You can check the Greensheet. I advertised in there for years approx. 15 years ago but I quit. There is just too much competition these days & too many shoppers. Plus now everyone has the internet. I found that most people use the internet to find an attorney. The Greensheet was not as popular for hiring a family law attorney.
You can look on http://www.lawguru.com/ and http://www.avvo.com/ for many family law attorneys.Both sites allow you to post free questions. Read the attorney answers & find someone that sounds nice.
There are many, many free websites for attorneys to advertise on these days. I used to pay to advertise but now there are literally probably 25 free attorney sites that I appear on. I've had a website over 15 years so I'm a really old, old internet presence.
Monday, July 25, 2011
New television show - Suits
I really like the new television show - SUITS!
However, it is totally unrealistic -- which is why I probably like it.
Like last week, the judge said he was starting a jury trial the next day! LOL! A jury trial takes months to get on the docket in Harris County, Texas. There is no way that a case would be the next day. Plus, to get a jury "seated" and for a jury to get started the next day would be impossible. There is a process of picking a jury that normally takes at least one day - usually more. Of course, this is television and everything is super fast.
Plus, the guy with no law degree has not been caught! (I've been known to check the background of my opposing counsel.) Things like -- Where is his bar number? Where did he rank when he took the bar? No one would think to check that he's a licensed attorney? These things a public knowledge & on the web.
The guy pretending to be a lawyer is committing a felony so when he gets caught it's going to be jail for him.
However, it is totally unrealistic -- which is why I probably like it.
Like last week, the judge said he was starting a jury trial the next day! LOL! A jury trial takes months to get on the docket in Harris County, Texas. There is no way that a case would be the next day. Plus, to get a jury "seated" and for a jury to get started the next day would be impossible. There is a process of picking a jury that normally takes at least one day - usually more. Of course, this is television and everything is super fast.
Plus, the guy with no law degree has not been caught! (I've been known to check the background of my opposing counsel.) Things like -- Where is his bar number? Where did he rank when he took the bar? No one would think to check that he's a licensed attorney? These things a public knowledge & on the web.
The guy pretending to be a lawyer is committing a felony so when he gets caught it's going to be jail for him.
PLEASE, PLEASE, PLEASE do not expect me to personally reply to posts!
If you post a reply to this blog -- I cannot reply to you!
Therefore, do not expect a reply if you post a question to my blogs!
Blogger does not have anyway for me to reply to you! Additionally, I do not want to answer your personal questions in this open forum. (I'm sure that you do not want me to do this either -- if you think about it. Plus, most of you do not give me enough information for me to even attempt to answer questions!)
Also, if you read my blogs, I am no longer offering free consultations or litigating family law cases. My practice is now 100% mediation based.
If you want an attorney for litigation or any area of family law -- this includes name changes, please contact PATRICIA BUSHMAN at 713-807-9405 or ROSE CARDENAS.
The voice mail on my office phone clearly states that I am not accepting litigated cases. I'm trying to return all telephone calls. However, often people's voice mail messages are not clear and I'm unable to return their telephone calls. If I'm unable to understand a person's voice mail message then I cannot return a telephone call. I do attempt to return all telephone calls within 48 hours IF I can understand the message. Many times all I receive is a "garbled" message -- I'm sure that you think that you leave a perfectly clear message but your "background" noise (kids, music, wind noise) totally blocks your voice out.
I've asked my web guy to revise my website to reflect the change in my practice. Unfortuantely, he's not made the changes I've asked. Hopefully, he will get it done soon.
If you don't want to use Pat or Rose -- I recommend looking on http://www.lawguru.com/ or http://www.avvo.com/ -- ignore avvo.com's rating system -- it can be manipulated -- many good lawyers don't "claim" their listing or keep their listing updated so their points drop.
If you need a pro bono aka "free" lawyer then call HOUSTON VOLUNTEER LAWYERS at 713-228-0732. However, you need to be prepared for a long wait since they have overwhelmed by requests for help & they don't have enough volunteer attorneys.
Therefore, do not expect a reply if you post a question to my blogs!
Blogger does not have anyway for me to reply to you! Additionally, I do not want to answer your personal questions in this open forum. (I'm sure that you do not want me to do this either -- if you think about it. Plus, most of you do not give me enough information for me to even attempt to answer questions!)
Also, if you read my blogs, I am no longer offering free consultations or litigating family law cases. My practice is now 100% mediation based.
If you want an attorney for litigation or any area of family law -- this includes name changes, please contact PATRICIA BUSHMAN at 713-807-9405 or ROSE CARDENAS.
The voice mail on my office phone clearly states that I am not accepting litigated cases. I'm trying to return all telephone calls. However, often people's voice mail messages are not clear and I'm unable to return their telephone calls. If I'm unable to understand a person's voice mail message then I cannot return a telephone call. I do attempt to return all telephone calls within 48 hours IF I can understand the message. Many times all I receive is a "garbled" message -- I'm sure that you think that you leave a perfectly clear message but your "background" noise (kids, music, wind noise) totally blocks your voice out.
I've asked my web guy to revise my website to reflect the change in my practice. Unfortuantely, he's not made the changes I've asked. Hopefully, he will get it done soon.
If you don't want to use Pat or Rose -- I recommend looking on http://www.lawguru.com/ or http://www.avvo.com/ -- ignore avvo.com's rating system -- it can be manipulated -- many good lawyers don't "claim" their listing or keep their listing updated so their points drop.
If you need a pro bono aka "free" lawyer then call HOUSTON VOLUNTEER LAWYERS at 713-228-0732. However, you need to be prepared for a long wait since they have overwhelmed by requests for help & they don't have enough volunteer attorneys.
Friday, July 8, 2011
I am not accepting litigated cases
Due to a death in my family, I am no longer accepting litigated cases.
I am no longer offering free consultations or offering $2/minute consultations.
I have also decided to stop offering the Do It Yourself Legal Kits. After offering the DIY kits for over the past 10 years, I found that people just did not want to pay for them. People would rather pay for the "Legal Zoom-type kits" being sold on the internet, radio and television and then want me to "fix" their crummy forms and complain about being "ripped off". I tired of arguing with people & I don't have the time or energy to "fix" garbage. It's easier to start fresh rather than to fix "junk".
I have decided to only to family law mediations.
In the spring of 2011, I took an elder law mediation training, so I will also offer elder law mediation for families that need that sort of assistance. With the aging US population, I believe, that elder law mediation will be growing in popularity.
I am no longer offering free consultations or offering $2/minute consultations.
I have also decided to stop offering the Do It Yourself Legal Kits. After offering the DIY kits for over the past 10 years, I found that people just did not want to pay for them. People would rather pay for the "Legal Zoom-type kits" being sold on the internet, radio and television and then want me to "fix" their crummy forms and complain about being "ripped off". I tired of arguing with people & I don't have the time or energy to "fix" garbage. It's easier to start fresh rather than to fix "junk".
I have decided to only to family law mediations.
In the spring of 2011, I took an elder law mediation training, so I will also offer elder law mediation for families that need that sort of assistance. With the aging US population, I believe, that elder law mediation will be growing in popularity.
Do not post a comment & expect me to answer you!
Please do not post a comment and expect me to answer you on this blog!
You must send me an email directly!
Also, please be advised that I am no longer accepting contested cases & am no longer offering consultations. I have decided to focus my practice on mediation only.
I am referring all cases to PATRICIA BUSHMAN at 713-807-9405 or ROSE CARDENAS at 832-419-4110. Both are excellent attorneys. Pat is cheaper and will go to counties farther than most attornies in the Houston area. Rose is more hands on and speaks Spanish & she will go to Ft. Bend county too. Their styles are very different.
You must send me an email directly!
Also, please be advised that I am no longer accepting contested cases & am no longer offering consultations. I have decided to focus my practice on mediation only.
I am referring all cases to PATRICIA BUSHMAN at 713-807-9405 or ROSE CARDENAS at 832-419-4110. Both are excellent attorneys. Pat is cheaper and will go to counties farther than most attornies in the Houston area. Rose is more hands on and speaks Spanish & she will go to Ft. Bend county too. Their styles are very different.
Subscribe to:
Posts (Atom)