MANAGING CLIENT EXPECTATIONS Family Law Section

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MANAGING CLIENT EXPECTATIONSFamily Law Section ProgramSpeakers:Wendy S. BurgowerHouston, TexasBrian L. WebbDallas, TexasAuthors:Kay RedburnDallas, TexasNatalie L. WebbDallas, TexasG. Thomas VickWeatherford, TexasThursday, June 10, 20101:30 p.m. – 2:15 p.m.

BRIAN L. WEBBThe Webb Family Law Firm, P.C.Republic Center325 N. St. Paul, Suite 4450Dallas, Texas 75201Telephone: (214) 871-2730Fax: (214) 871-9339BRIAN L. WEBB, born Philadelphia, Pennsylvania, April 12, 1949; admitted to bar,1975, Texas; U.S. District Court, Northern District of Texas, 1981; U.S. Supreme Court,1990. Board Certified, Family Law, Texas Board of Legal Specialization (1980).EDUCATION:University of New Mexico (1971); Southern Methodist University (J.D., 1975)AWARDS & DISTINCTIONS:JUDGE SAM EMISON AWARDThe Sam Emison Award is bestowed upon a person who has demonstrated asignificant commitment and made significant contributions to the practice of familylaw in the State of Texas.DAN PRICE AWARDThe Dan Price Award is presented in memory of Dan Price who exemplified serviceto the profession and to the public. The award is presented to a practicing attorneyin recognition of an unreserved commitment to clients and to the legal profession asa volunteer and legal writer.“BEST LAWYERS IN AMERICA” (listed since 1989)TOP 100 TEXAS “SUPER LAWYERS”, Texas Monthly 2004, Texas Monthly 2005TOP 100 DALLAS/FORT WORTH “SUPER LAWYERS”, Texas Monthly 2003-04-05“BEST LAWYERS IN DALLAS”, D Magazine (multiple selections)“BEST FAMILY LAWYERS IN DALLAS”, D Magazine 2009CHARTER DIPLOMATE, AMERICAN COLLEGE of FAMILY TRIAL LAWYERS(limited to 100 members nationally)BOARD CERTIFIED, FAMILYSPECIALIZATIONLAW,TEXASBOARDofLEGAL

OFFICES & POSITIONS:PAST CHAIR, FAMILY LAW SECTION, STATE BAR OF TEXASPAST CHAIR, TEXAS CHAPTER AMERICAN ACADEMY of MATRIMONIALLAWYERSPAST PRESIDENT, TEXAS ACADEMY of FAMILY LAW SPECIALISTSPAST CHAIR, FAMILY LAW SECTION, DALLAS BAR ASSOCIATIONBOARD OF GOVERNORS, AMERICAN ACADEMY of MATRIMONIAL LAWYERSBOARD OF GOVERNORS, USA CHAPTER INTERNATIONAL ACADEMY ofMATRIMONIAL LAWYERSPRESIDENT, ON REPRESENTATIVE TO STATE BAR OF TEXAS BOARD OFDIRECTORSSECRETARY, TEXAS FAMILY LAW FOUNDATIONCO-CHAIR, PATTERN JURY CHARGE COMMITTEE, FAMILY LAW, STATE BAROF TEXASPAST CHAIR, FAMILY LAW COMMITTEE, INTERNATIONAL SECTION,AMERICAN BAR ASSOCIATIONMEMBER, EXAM COMMISSION, AMERICAN ACADEMY of MATRIMONIALLAWYERSPAST MEMBER, CONTINUING LEGAL EDUCATION COMMITTEE, STATE BARof TEXASPAST MEMBER, FAMILY LAW EXAM COMMITTEE, TEXAS BOARD OF LEGALSPECIALIZATIONPAST MEMBER, FORMBOOK COMMITTEE, TEXAS FAMILY PRACTICEMANUALSERVED AS SPECIAL PROSECUTOR, STATE BAR of TEXAS COMMISSIONFOR LAWYER DISCIPLINEPAST MEMBER, FEE DISPUTE COMMITTEE, DALLAS BAR ASSOCIATION

COURSE DIRECTOR:ADVANCED FAMILY LAW COURSE, STATE BAR of TEXAS (won national awardfor excellence)MARRIAGE DISSOLUTION COURSE, STATE BAR of TEXASTRIAL INSTITUTE, TEXAS ACADEMY of FAMILY LAW SPECIALISTSNEW FRONTIERS IN FAMILY LAW, STATE BAR of TEXASAMERICAN ACADEMY of MATRIMONIAL LAWYERS WINTER MEETINGAMERICAN ACADEMY of MATRIMONIAL LAWYERS SPRING MEETINGADR TRAINING:CERTIFIED FAMILY LAW MEDIATORCERTIFIED FAMILY LAW ARBITRATOR (AAML)COLLABORATIVE LAW TRAININGMEMBERSHIPS:AMERICAN COLLEGE of FAMILY TRIAL LAWYERSAMERICAN ACADEMY of MATRIMONIAL LAWYERSAMERICAN ACADEMY of MATRIMONIAL LAWYERS FOUNDATIONINTERNATIONAL ACADEMY of MATRIMONIAL LAWYERSTEXAS ACADEMY of FAMILY LAW SPECIALISTSAMERICAN BAR ASSOCIATION (FAMILY LAW SECTION & INTERNATIONALLAW SECTION)STATE BAR of TEXASTEXAS BAR FOUNDATIONDALLAS BAR ASSOCIATION (FAMILY LAW SECTION)DALLAS BAR FOUNDATIONTARRANT COUNTY FAMILY LAW BAR ASSOCIATIONTEXAS CENTER FOR LEGAL ETHICS & PROFESSIONALISMTEXAS FAMILY LAW FOUNDATION

EDUCATION:SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW, J.D., 1975UNIVERSITY OF NEW MEXICO, BACHELOR’S DEGREE, 1971ATTENDED EVERY ADVANCED FAMILY LAW COURSE SINCE 1977 (STATEBAR of TEXAS)AUTHOR & SPEAKER:CO-AUTHOR, FAMILY LAW IN TEXAS, 4 VOLUME SET (LEXIS-NEXIS)FORMER FACULTY MEMBER, FAMILY LAW TRIAL ADVOCACY COURSE,AMERICAN BAR ASSOCIATIONAuthor: “FAMILY LAW: SPECIAL APPEARANCES AND TRANSFERS,” TrialLawyers Forum, 1980; “POST AND PRENUPTIAL AGREEMENTS,” 1985;“FAMILY CORPORATIONS:DIVISION ON DIVORCE -REMEDIES &THEORIES,” 1986; “PRELIMINARIES: TEMPORARY ORDERS AND INTERIMFEES,” 1987, 1989; “THE FAMILY HOME IN DIVORCE,” 1987; “FAMILYCORPORATIONS: DIVISION ON DIVORCE - REMEDIES & THEORIESREVISITED,” 1987; “CONTRACTUAL ALIMONY? PROS & CONS FOR BOTHSIDES,” “JOINT CUSTODY, THE NEW LAW,” “THE USE OF MEDIATION”, 1988;“COURT ORDERED JOINT MANAGING CONSERVATORSHIP, A NEW ERA,”1988; “PRENUPTIAL AGREEMENTS, THE NEW LAW,” “TEMPORARYHEARINGS,” 1988; “FAMILY CORPORATIONS & PIERCING THE CORPORATEVEIL,” 1988; “HABEAS CORPUS,” 1989, 1990, 1991, 1992, 1993;“INTERSPOUSAL TORTS,” 1989; “TECHNIQUES OF PROPERTY DIVISION,”1991; “DEALING WITH EXPERTS AND PSYCHOLOGICAL TESTS,” 1991;“ENFORCEMENT OF AGREED DECREES AND AGREEMENTS,” 1991;“EVALUATING A CLOSELY HELD BUSINESS,” 1992; “HAGUE CONVENTIONON INTERNATIONAL CHILD ABDUCTION,” 1992, 1993, 1998; “REQUESTEDADMISSIONS AND INTERROGATORIES IN PROPERTY CASES,” 1993; “WHATIS A TEMPORARY HEARING,” 1992; “DIRECT AND CROSS-EXAM OFVALUATION EXPERTS,” 1993; Co-Author, “FAMILY LAW, TRIAL LAWYERSSERIES,” Knowles Publishing Co.; “ALTERNATIVE PROPERTY RECOVERIES,”1994; “DIRECT AND CROSS-EXAM OF MENTAL HEALTH EXPERTS,” 1995;“STRATEGIES AND TACTICS FOR WINNING UNUSUAL ISSUES IN PROPERTYAND LIABILITY LITIGATION” 1995; “COMMON EVIDENCE PROBLEMS INMATRIMONIAL CASES” 1995; “CUSTODY LITIGATION: PART ONE:DISCOVERY, EXPERTS, TRIAL, STRATEGY, ETC.” 1995, updated 1996, 1998;“AD LITEMS” 1996; “JURISDICTIONAL ISSUES BETWEEN FAMILY ANDPROBATE COURTS” 1996; “REBUTTING THE JMC PRESUMPTION: WHY,HOW AND WHEN AND THE USE OF PERSUASIVE EVIDENCE” 1996;“EFFECTIVE USE OF LEGAL ASSISTANTS AND STAFF” 1998; “DEALINGWITH SPECIAL PROBLEMS ATTENDANT TO DIVISION” 1998;“DISQUALIFICATION OF JUDGES & LAWYERS AND RECUSAL OF JUDGES,

INCLUDING THE VISITING JUDICIARY: INAPPROPRIATE BEHAVIOR” 1999;“DEFENDING AGAINST EXOTIC PROPERTY DIVISION THEORIES” 1999;“CHARACTERIZATION AND TRACING” 2000; “RELOCATION: SHOULD I STAY,OR CAN I GO?” 2000; “ORGANIZING THE TRIAL NOTEBOOK” 2000, 2001;“TEMPORARY ORDERS: HOW TO LOOK PREPARED EVEN IF YOU MET YOURCLIENT YESTERDAY”, 2001; “GRANDPARENTS, WHERE THEY STAND NOW:TROXEL, AN ANALYSIS OF THE U.S. SUPREME COURT RULING” 2001; “ALLTHOSE WITH STANDING, STEP FORWARD.NOT SO FAST GRANDMA!POST-TROXEL THIRD PARTY STANDING TO BRING SAPCR’S, ANDREPRESENTING EXTENDED FAMILY AND NON-FAMILY MEMBERS” 2001;“NEW BOUNDARIES FOR GRANDPARENTS VISITATION” 2001; “DEALINGWITH ABUSIVE LAWYERS AND TACTICS” 2002; “JURISDICTION, VENUE,TRANSFER AND STANDING” 2003; “INTERNATIONAL ISSUES AND THEHAGUE CONVENTION” 2005;“DEALING WITH DIFFICULT CLIENTS IN ADIVORCE” 2006; “TRYING THE CUSTODY CASE” 2007; “CHARACTERIZATIONAND TRACING” 2007 “LEGISLATIVE UPDATE” 2008.Speaker: Marriage Dissolution Course, State Bar of Texas, 1985, 1986, 1987,1990, 1991, 1992, 1993, 1994, 1996, 1997, 1998, 1999, 2000, 2001, 2003, 2005,2006, 2007; Advanced Family Law Course, State Bar of Texas, 1987, 1988,1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001,2002, 2003, 2004, 2005, 2007, 2008, 2009; Second World Congress on FamilyLaw and the Rights of Children and Youth, 1997; New Frontiers in MaritalProperty Law, 1996, 1997, 1998, 1999, 2008; North American Symposium onInternational Child Abduction, 1993; SMU Texas Family Litigation Course,1987; Annual Conference of Texas Association of Domestic Relations Offices,1987; Panel on Joint Custody, 1983; Dallas Bar Family Law Section; DallasAssociation of Young Lawyers, “A Day With the Experts,” 1986, 1987; FamilyLaw in Texas, Legal Education Institute, 1988, 1989, 1990; Midyear Meeting,American Academy of Matrimonial Lawyers, 1988, 1990, 1993, 2001, 2008; TrialInstitute, Texas Academy of Family Law Specialists, 1988, 1990, 1991, 1992,1993, 1994, 1995; Advanced Family Law Drafting Course, 1992; Tarrant CountyFamily Law Bar Association, 1988, 1995, 1998, 2001; Family Law for theExperienced Non-Specialist, State Bar of Texas, 1989; Regional JudicialConference, 1990; South Texas College of Law, Family Law for the GeneralPractitioner and Legal Assistant, 1992; Pro Bono Training Seminar,International Child Abduction Treaty, 1992; Annual Meeting Family LawSection, State Bar of Texas, 1992; Dallas Chapter of the Texas Society ofCertified Public Accountants Annual Meeting, 1993, 1994, 1995; Family LawPractice Institute, University of Houston Law Center, 1994, 1995, 1996, 1997,1999, 2000; Texas Family Law for the Paralegal, 1995, 1997, 1999; NevadaFamily Law Seminar, 2007.

TOP TEN WAYS TO SHOW THE CLIENT YOU CAREAND AVOID A GRIEVANCEPresented by:BRIAN L. WEBB, DallasThe Webb Family Law FirmWritten by:KAY REDBURN, DallasNATALIE L. WEBB, DallasThe Webb Family Law FirmState Bar of Texas33 ANNUAL MARRIAGEDISSOLUTION INSTITUTEMay 6-7, 2010San AntonioRDCHAPTER 7.3

KAY REDBURNThe Webb Family Law Firm325 N. St. Paul, Suite 4450Dallas, Texas 75201(214) 871-2730(214) 871-9339 FAXCertifications/Awards:Board Certified Paralegal - Family Law - Texas Board of Legal Specialization, 2003Paralegal of the Year, 2006, Dallas Area Paralegal AssociationPresident’s Award, Texas Academy of Family Law Specialists, 2008Volunteer of the Year, Mesquite Police Department, 2008Employment:1996 - presentSr. Paralegal to Brian L. Webb, The Webb Family Law Firm, P.C.1995-1996Owner, Per Diem Legal Resource, Free lance legal assistant/paralegal services to attorneysin the area of family law1992- 1995Legal Assistant/paralegal to Brian L. Webb; McCurley, Webb, Kinser, McCurley &Nelson, L.L.P.1990-1992Legal Assistant/paralegal to Charles H. Robertson, Laurence DePlaza; Robertson &Holmes, Dallas, Texas1985-1990Legal Assistant/paralegal to Thomas C. Railsback, Dallas, Texas1983-1985Legal Assistant to Leota H. Alexander, Dallas, TexasEducation:University of Texas at Austin, 1973-1975, major: PsychologyEl Centro Community College, 12 hrs, Paralegal Studies Assoc. Degree ProgramMesquite Citizen Police Academy, 21st class, 2005Offices/Committees: Ethics and Professional Responsibility Coordinator, National Federation of ParalegalAssociations, 2005-2007;Founding Member, Paralegal Advisory Commission, Family Law, Texas Board of LegalSpecialization, 1993- 2000; Member 2005-2007; chair 2007 -presentMember, State Bar of Texas Standing Committee on Paralegals, 1995-present;Paralegal Liaison/Parliamentarian, Texas Academy of Family Law Specialists, 2004present;Paralegal Committee, Family Law Section, State Bar of Texas, 1994-present;Chair, Professional Ethics Committee, Legal Assistants Division, State Bar ofTexas, 1994-1996;Paralegal Advisory Committee, El Centro College, 1993-1996, Chair 1996-present;Chair, Ethics Committee, Dallas Area Paralegal Association, 2009 - present;Legal Assistants' Liaison, Family Law Section, Dallas Bar Association, 19941997;Member, Dallas OK Commission, 1997Local Subcommittee Chair, Professional Ethics Committee, Legal AssistantsDivision, State Bar of Texas, 1991-1994;Membership Vice-President, Dallas Association of Legal Assistants, 19911993;Assistant Chair, Family Law Section, Dallas Association of Legal Assistants,1993;Assistant Newsletter Editor, Dallas Association of Legal Assistants, 1990-1992Mesquite Citizen Police Academy Alumni Association, Vice-President, 2007-2011Memberships:Paralegal Division, State Bar of Texas

Authorand Speaker:Texas Academy of Family Law SpecialistsFamily Law Section, State Bar of TexasFamily Law Section, Dallas Bar AssociationTexas Family Law FoundationCollege of the State Bar of Texas, Legal Assistants Division - Charter MemberDallas Area Paralegal AssociationMesquite Citizen Police Academy Alumni Association“The Paralegal’s Role in the Family Law Jury Trial”, with panel: Dr. Jan Delipsey, JohnT. Eck, Hon. Mary Ellen Hicks, Janet McCullar Vavra, Mike McCurley, and Glenn A.Perry, 35th Annual Advanced Family Law Course, August 2009“You and Your Shadow Paralegal” with Brian L. Webb, Jim Loveless, Pam Farris,Advanced Family Law Drafting Course, December 2008“The Team Approach in a Family Law Practice” with Brian L. Webb, 30th AnnualMarriage Dissolution Bootcamp, May, 2007“Protecting your Attorney/Professionalism from the Paralegal Standpoint” 32nd AnnualAdvanced Family Law Boot Camp, August 2006Co-Course Director with Heather King, “Practical Aspects of Enhancing your LegalPractice” 29th Annual Marriage Dissolution Institute Boot Camp, April 2006Co-Course Director with Brian L. Webb, “The Attorney and Legal Assistant Team: YouCan’t Do It Alone!” 28th Annual Marriage Dissolution Institute Boot Camp, April 2005“Pathway to Your Future - Family Law”, Dallas Area Paralegal Association Career Day,2005“Ethics and the Paralegal”, Legal Assisting in Texas, November, 2004“Ethics for the Paralegal” , Paralegal Career Symposium, Charting your Course, DallasArea Paralegal Association, Fort Worth Paralegal Association, State Bar of Texas LegalAssistants Division, September 11, 2004“Use and Abuse of Legal Assistants in a Family Law Practice” , with Charles Hodges,Heather King, Julie Pruett Crawford and Melissa Johnston, 28th Annual Advanced FamilyLaw Course, August, 2002“The Utilization of Legal Assistants in a Law Office and Legal Assistant Ethics”, CollinCounty Legal Association, April, 2002“Custody Issues and Grandparent Access”, with Miriam L. Ackels, Legal AssistantUniversity, September, 2001“Effective Use of Legal Assistants in a Family Law Practice”, with Brian L. Webb, GaryNickelson and Coye Conner, Jr., 27th Annual Advanced Family Law Course, August, 2001“Taking the Case to Trial”, with Brian L. Webb, Texas Family Law Practice forParalegals, March, 2001“Organizing the Trial Notebook”, with Brian L. Webb, James Loveless, Kimberly Naylorand Sherri Evans, The Ultimate Trial Notebook: Family Law, December, 2000“Economics of Running a Law Practice”, with James Loveless, Dennis Brewer, DouglasHarrison, Curtis Loveless and Roy Moore, 25th Annual Advanced Family Law Course,August, 1999“Handling Custody Disputes”, with Brian L. Webb, Texas Family Law Practice for

Paralegals, April, 1999“Effective Utilization of Legal Assistant and Staff”, with Brian L. Webb, Coye Conner, Jr.,and Barbara Calcote; 24th Annual Advanced Family Law Course, August, 1998“Utilization of the Legal Assistant”, with Brian L. Webb, Tarrant County Family Law BarAssociation Meeting, June 1998“Ethics in Your Practice”, Advanced Civil Trial Seminar, Legal Assistants Division, StateBar of Texas, April 1998“Basic Malpractice Prevention”, Nuts and Bolts General Practice Skills Course, LegalAssistants Division, State Bar of Texas and Dallas Association of Young Lawyers,October 1996“Practical(ly) Legal Tips for Making Money with Your Legal Assistant”, Dallas BarAssociation Family Law Section Meeting (with Brian L. Webb), September 1996“Effective Use of Legal Assistants - How to Make Time and Money”, Advanced FamilyLaw Course, Dallas, Texas (co-authored with Barbara Calcote, Brian L. Webb and CoyeConner, Jr.) August 1995“Scruples”, quarterly column on ethics in Texas Paralegal Journal, (1995-1996)“Texas Family Law Practice for Paralegals”, Clearwater Information Systems, Inc., Dallas,1995 - Ethics - What is it and Why Should You Care? and How to Recognize and Deal withthe Battered Wife (article by Christine Albano)“Texas Family Law Practice for Paralegals”, Clearwater Information Systems, Inc.,Arlington, 1994 - Overview of the Texas Disciplinary Rules of Professional Conduct(article written with Mike McCurley)“The Trial Notebook”, co-authored with Mike McCurley, Family Law Handbook for theParalegal, Professional Education Systems, Inc., Dallas/Houston, 1992“Child Support Cases - How to Turn Lead into Gold”, co-authored with Charles H.Robertson, Family Law - The Team Approach for the Legal Assistant and the Lawyer,State Bar of Texas, Austin, Texas, 1990; and Family Law Handbook for the Paralegal,Professional Education Systems, Inc., Dallas/Houston, 1992“Communication - the Key to Gaining and Maintaining the Confidence of the Client andthe Opposition”, co-authored with Harry Tindall, Scott Cook, Luanne Riley-Thomas andN. Roberts, Family Law for Legal Assistants and Attorneys, State Bar of Texas, CorpusChristi, Texas, 1987

NATALIE L. WEBB!"# %#&& '()* , -(. '*/)0 1232456 72 892 1(: 89/##90 8:*9# ;;6 ( ( 0 !#?( @65 A!# #B"CD#E F5A;G H@AI5@4 '(J *)* #E F5A;G H@AIK44KL)(* E D(9( *#M.#&&N()* , (.2JC)EDUCATION AND LICENSURE8C:9"#/D O#9"CP* 9 QD*R#/ *9, #P)(D 8J"CC CN -(.0 S2 20 5 H0 Cum LaudeT CJ*(9# O(D(U*DU LP*9C/0 VD9#/D(9*CD( -(. W#R*#.3"*#N S: 9*J#0 %2%2 3(/:9" 3"* P TPRCJ(J, 3 *D*J!/*D*9, QD*R#/ *9,0 X2820 VD9#/D(9*CD( X: *D# 0 5 ;TP)*99#P 9C 9"# 89(9# X(/ CN !#?( 5 HEXPERIENCEO(, 5 H 9C 9"# B/# #D98:))#/ 5 6 Y 5 ZThe Webb Family Law Firm, P.C. ( ( 0 !#?( Texas Court of Appeals, 8th District0 L 1( C0 !#?( PROFESSIONAL AFFILIATIONS89(9# X(/ CN !#?( ( ( X(/ T CJ*(9*CD ( ( X(/ T CJ*(9*CD I '()* , -(. 8#J9*CD ( ( T CJ*(9*CD CN [C:DU -(.,#/ !#?( '()* , -(. 'C:DP(9*CDO#)&#/0 'C/)&CC\ 3C))*99##0 !#?( '()* , -(. 1/(J9*J# O(D:( O#)&#/0 3C #U# CN 9"# 89(9# X(/ CN !#?( T/ *DU9CD ]( (DP -## 1(/\ S:D*C/ 3CD #/R(9C/,AUTHOR AND SPEAKERLegislative Update: Family Law Section Perspective0 3CIT:9"C/ .*9" 2 7*JC # C, # 0 TPR(DJ#P'()* , -(. 3C:/ #0 8(D TD9CD*C0 !#?( 0 T:U: 9 AAIA;0 5 H2Parenting Across State Lines: Navigating Through the HC, UCCJEA, PKPA, and UIFSA, 3CIT:9"C/ .*9" 2 7*JC # C, # 0 1(/#D9I3"* P W# (9*CD "*B 0 T: 9*D0 ! S(D:(/, 5KI4 0 5 K2Paternity Fraud in Texas - The Great Debate0 3CIT:9"C/ .*9" 3"#9())*( ]C )# 0 Q!3-L '()* ,-(. CD 9"# '/CD9 -*D# 0 8(D TD9CD*C0 !#?( 0 S:D# AHIAK0 5 K2Changes in Property and Trends for the Future0 8B#(\#/ (DP 3CIT:9"C/ .*9" 3"#9())*( ]C )# 05 K TPR(DJ#P '()* , -(. 3C:/ #0 ( ( 0 !#?( 0 T:U: 9 4 I Z0 5 K2

Top Ten Ways to Show the Client You Care and Avoid a GrievanceTABLE OF CONTENTSTOP TEN WAYS TO SHOW THE CLIENT YOU CARE AND AVOID A GRIEVANCE . 1RULE 1.03 COMMUNICATION . 31.04 FEES (EFFECTIVE MARCH 1, 2005) . 4AFFIDAVIT. 5i

Top Ten Ways to Show the Client You Care and Avoid a GrievanceTOP TEN WAYS TO SHOW THECLIENT YOU CARE AND AVOID AGRIEVANCE “I don’t care how much it costs.” “I didn’t have any confidence in my fourprior attorneys.”10. Don’t lie to them about anything. Honesty maybe painful, but it IS the best policy. “The trial starts next week.ready, right?”9. “I just know he’s hiding money somewhere” “I want my kids half the time so I don’t haveto pay any child support” “What countries are not signatories to theHague Convention on International ChildAbduction?”8.Make sure client’s expectations are realistic.Don’t promise what you can’t deliver. And don’tsuccumb to their unrealistic expectations.Don’t get emotionally involved in their case.Maintain your professional detachment (which iswhy it’s called “professional”).7.Give them something for free every once in awhile. A “no charge” phone call for example cango a long way toward keeping clients happy. Andmake sure you know they know you’re doing it.A big “NO CHARGE” on their bill is alwayswelcome by clients.6.Be up front (and do it in writing) about fees andcosts.5.A busy client is a happy client. Give them workto do. Remind them that whatever they can do tohelp saves them money (and you time).4.Copy the client in everything that comes in orgoes out on their case. Everything.3.Return client calls.2.Return client calls.1.Most importantly: RETURN CLIENT CALLS.The “failure to keep the client informed”, Rule103(a) is the most frequent violation by attorneys ofthe Texas Disciplinary Rules of Professional Conduct.And if you show the client you care but still can’tavoid a grievance:1.If it didn’t happen in writing, IT DIDN’THAPPEN. Document everything. Keep copies.2.If they won’t follow your advice, get them to sign“I’m a Dumbass” Affidavit.3.Put reminders about client’s duty to supplementdiscovery in each monthly billing statement.4.Watch for red flags before taking a case.Examples:1You can be

!"# !%& '()* " ,-". -% /01%& 2"3 /(4% (&5 67"15 ( 841%7(&9%take protective steps) such as initiating the appointment of a guardian. The lav,ryer should !""# tosuch appointment or take othe.r protecth'e steps \:o.'hen it reasonably appears advisable to do soin order to serve the client's best interests. See Rule 1.05 (c)(4), dO) and (d)(2)(i) in regard tothe lav')1er's right to re\'eal to the court the facts reasonably necessary to secure the guardianshipor other protective order.Rule 1.03 COl1ullunication(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptlycomply with reasonable requests for information.(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the clientmake informed decisions regarding the representation.!"#COtnlnent: %# The client should have sufficient information to participate intelligently in decisionsconcerning the objectives of the representation and the means by which they are to be pursued)to the extent the client is \villing and able to do so. For example) a lawyer negotiating on behalfof a client should provide the client with facts relevant to the matter! inform the client ofcommunications from another party and take other reasonable steps to permit the client tomake a decision regarding a serious offer from another party. A lawyer who receives fromopposing counsel either an offer of settlement in a civil controversy or a proffered plea bargainin a criminal case should promptly inform the client of its substance unless prior discussionswith the client ha\'e left it clear that the proposal will be unacceptable. See Comment 2 to Rule1.02.2. Adequacy of comrnunication depends in part on the kind of advice or assistance involved.For exarnple! in negotiations ",.'here there is tirne to explain a proposal the lawyer should reviewall irnportant provisions with the client before proceeding to an agreement. In litigation alawyer should explain the general strategy and prospects of success and ordinarily shouldconsult the client on tactics that might injure or coerce others. On the other hand! a lavlryerordinarily cannot be expected to describe trial or negotiation strategy in detail. Moreover! incertain situations practical exigency may require a lmvyer to act for a client without priorconsultation. The guiding principle is that the lawyet should reasonably fulfill clientexpectations for information consistent v,lith the duty to act in the clienes best interests) andthe client.s overall requirements as to the character of representation.3. ()rdinarily, the information to be provided is that appropriate for a client who is acomprehending and responsible adult. Howe\'cr, fully informing the client according to thisstandard may be impractical, as for eX llnple, where the client is a child or suffers from mentaldisability; see paragraph 5. When the client is an organization or group! it is often impossible orinappropriate to inform cn:ry one of its tnembers about its legal affairs; ordinarily! the lawyershould address communications to the appropriate officials of the organization. See Rule 1.13.4

!"# !%& '()* " ,-". -% /01%& 2"3 /(4% (&5 67"15 ( 841%7(&9%Where many routine matters are involved, a system oflimited or occasional reporting may bearranged with the client.Withholding Information4. In some circumstances, a 1 1.\\'yer may be justified in delaying transmission of informationwhen the lawyer reasonably believes the client would be likely to react imprudently to animmediate communication. Thus, a lawyer might withhold a psychiatric diagnosis of a clientwhen the examining psychiatrist indicates that disclosure would harm the client. Similarly, rulesor court orders go\'erning litigation may provide that infonnation supplied to a la\vyer &' (')#notbe disclosed to the client. Rule 3.04(d) sets forth the lawyer's obligations with respect to suchrules or orders. A lawyer may not, however, v;ithhold infonnation to serve the lav\ryer's owninterest or cOlwenience.Client Under a Disability!"# In addition to comrnunicHting \\'ith any legal representative, a lawyer should seek to maintainreasonable communication with a client under a disability, insofar as possible. When a lawyerreasonably believes a client suffers a mental disability or is not legally competent, it may not bepossible to maintain the usual attorncy clicnt relationship. Nevertheless, the client may ha\'e theability to understand, deliberate upon, and reach conclusions about some matters affecting theclient's O\:\ln well being. Furthermore, to an increasing extent the law recognizes intermediatedegrees of competence. For example, childrens' opinions regarding their own custody are gh'ensome weight. The fact that a client suffers a disability docs not diminish the desirability oftreating the client with attention and respect. See also Rule 1.02(e) and Rule 1.05, Comment17.1.04 Fees %&&"'()*"# ,-'.# 1, /0012#(a) A lawyer shall not enter into an arrangement for, charge, or collect an illegal fcc orunconscionable %%"# A fcc is unconscionable if a competent lawyer could not form a reasonablebelief that the fee is reasonable.(b) Factors that rnay be considered in determining the reasonableness of a fcc include, but notto the exclusion of other rele\'ant factors, the following:(l) the time and labor required, the novelty and difficulty of the questions involved,and the skill requisite to perform the legal service properly;(2) the likelihood, if apparent to the client, that the acceptance of the particularemployment will preclude other employrnent by the lawyer;(3) the &&# customarily charged in the locality for similar legal ser"ices;(4) the amount in\"Ol\'ed and the results obtained;;

!"# !%& '()* " ,-". -% /01%& 2"3 /(4% (&5 67"15 ( 841%7(&9%AFFIDAVITTHE STATE OF TEXAS)COUNTY OF DALLAS)BEFORE ME, the undersigned authority, on this day personally appearedwho, being by me duly sworn, upon oath stated:"I, , am the Petitioner in Cause # in the DistrictCourt in and for Dallas County, Texas. I have consulted with ,a duly licensed attorney practicing at .He has advised me regarding discovery and its relationship to any agreement that I may want toenter into as a settlement of this Divorce action. I understand and acknowledge that he has advisedme not to enter into any agreement and further, not to settle the divorce now pending in this causewithout following his advice. He has advised me that he does not feel that I am sufficiently awareof my husband's income or the value and extent of the community estate and has advised me thatI should go forward with discovery measures to fully determine the extent and value of thecommunity estate. He has advised me that he does not feel I am aware of any of my husband’sseparate property assets against which I or the community estate may have an equitable interest orreimbursement claim. He has further advised me that due to the lack of knowledge concerning thecomplete assets and liabilities, including tax liability, of the community estate or my husband’sseparate property estate in which I may have an interest, he cannot adequately advise me regardingthe terms set forth in any agreement. I hereby acknowledge and state that I have instructed myattorney, against his advice, not to obtain the appropriate information necessary to ascertain theextent and value of the community estate or my husband’s separate estate in which I may have anAFFIDAVIT - Page 1 of 5:

!"# !%& '()* " ,-". -% /01%& 2"3 /(4% (&5 67"15 ( 841%7(&9%interest, including liabilities. My attorney has advised me that only through full discovery duringthe pendency of this litigation can these matters be determined with any accuracy. I have advisedhim that I do not want to contest this matter in any way and that, despite his advice to the contrary,it is my desire to enter into an agreement.He has advised me that depositions, requests for disclosure, requests for production, requestsfor admissions, subpoenas duces tecum, interrogatories, appraisals and other discovery measures areavailable through which we could determine the actual value and extent of the community estate andmy husband’s separate estate in which I may have an interest, including all liabilities as well asassets. He has further advised me that the Court, upon hearing all of the evidence regarding myhusband's income and the assets and liabilities of the community, might award me adisproportionately larger share of the community estate than would be awarded to my husband.Further, he has advised me that the Court, upon hearing all the evidence regarding the reduction ofboth secured and unsecured liabilities of the community and my husband’s separate property estatethrough contributions from the community and my separate estate, might award the community ormy separate estate a claim of equitable interest or reimbursement against the benefitted estate. Hehas further advised me that once I have settled this case and a Decree of Divorce has been enteredbased upon an agreement, I will not have an opportunity to avail myself of discovery measuresthereafter, nor will I be able to renegotiate the terms of the agreement or in any way

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