Trying to develop a less expensive divorce

In these tough economic times, almost every call from a prospective client starts with - what will you charge me to do a ______?   That is a difficult question for a lawyer, because each case presents a unique set of facts.  Have I ever had anyone tell me that the parties have agreed to everything, and they really did?  Yes, once or twice in twenty-eight years of practice.  Generally, there is some issue, and it is usually just because they didn't think of it.  They did not know that they could split the retirement account or that, at least in Ohio, you have to consider the Social Security Benefits as part of the overall property division.  They did not know that a shared parenting plan has to spell out so many things that they had not even talked about, like whether the parents agree to pay for college, or when do the children switch for Christmas Eve?  Or Fourth of July fireworks?  Not that these are insurmountable, but sometimes you get surprised by these issues, as does the client, and all of the sudden it is not such a simple divorce.  This is particularly true when both parties just assumed something and that assumption turns out to be incorrect (I assumed you would pay for it, it was your idea, after all.)

Well, I find that one area which takes up a lot of time, but does not need to be done by me, is the fact gathering part.  I mean not only getting together all of the bank statements and bills, but also thinking things through about the children, or where you will live, or what to do with the house since the children want to live there, but you are not sure whether you can afford it.  So I have spent a considerable number of hours developing an extensive workbook that I give to my clients and I let them be the fact gatherers and the fact organizers.  Organizing the paperwork so that it is meaningful to a lawyer can be a real time saver.  Which translates to a real money saver.  When a client puts a pile of bills or bank accounts on the desk in front of me, I still need to go through them to determine if the client thinks the bills are all legitimate, if any of the assets are separate property and how the client thinks these things should be divided.  Those are the kinds of facts that take time.

So what I have developed and what I am working with is a comprehensive workbook (and I mean comprehensive) that asks critical questions along with seeking paperwork from my client.  I am constantly retooling this idea, and I am now investigating providing the workbook in a folder along with other materials, such as books that I might recommend or a list of social service agencies that can help.  If my client wants to save money and is willing to spend what could be days to complete this workbook, then I am happy to receive a completed and well organized workbook with all of the paperwork that I need in order to properly advise and advocate for the client.  Any ideas or suggestions for improvement are always welcomed.

This is just an idea for a new way to do business in this new economy.  While I am not willing to freely share the workbook itself, since I consider it to be proprietary, particularly given all of the long hours I have put into it, I am happy to share the idea of it. 

Well back to actually practicing law.  My brother always says that he hopes someday after all of the practicing, I am able to actually do it.