What Is a "Free Consultation" with a Lawyer?

What happens in my Initial Consultation?

Any good attorney offers a free initial consultation.  However, many people don't really understand what this first meeting is all about.

What is the Purpose of an Initial Consultation?

The purpose of an initial consultation is twofold.  First, you are there to meet each other.  You need to figure out if you and the attorney "click," and if you will feel comfortable working with that person. Does his style mesh with yours?  Will you be able to meet at a geographically feasible location?  Can your own schedule work with the attorney's hours?

Second, you need to let your attorney know why you are seeking legal help.  What is your specific legal issue?  Have you been served with papers?   What exactly are you looking for your attorney to do for you?  You need to be as specific as possible with both your needs and your expectations.  Both you and the lawyer need to determine whether this will be a good match.

What Do I Need to do?

You need to come prepared.  Bring any paperwork along with you.  If you have been served with papers, you need to bring those along.  If you are looking to initiate action against someone else, bring all of your notes, photos, and any other supporting information that might be helpful.  The more information you can bring, the better the lawyer can determine if you will be a good match to his/her skills.

Also, bring along a notepad and pen.  You should definitely be taking notes.  Tell the attorney if you have interviewed other lawyers or if this is the first.  If there are things you like or dislike in a lawyer, let him/her know.  Try to be as brief and succinct as possible, as you only have limited time.  This is your chance to ask about things like fee structures and retainers as well.

How Long Will my Consultation Take?

Typically, a free consultation lasts about 30 minutes and not more than an hour.  Most attorneys will cut you off at the end of an hour, which is why it's important for you to be organized and succinct.

Here at the Law Offices of Heath D Harte, we do not limit the duration of your free consultation.  We will not cut you off after an hour.  Rather,  our free consultation time is unlimited, and we give the client all the time that is appropriate to fully understand the client's circumstances and the options available to them.

Can I get Free Legal Advice During my Initial Consultation?

The point of the consultation is NOT to give free legal advice.  In fact, at this point, legal advice is usually inappropriate.  A lawyer should NOT give legal advice until he has reviewed the specifics of your individual case.  No two cases are the same.  The lawyer will discuss generalities, rather than specifics, during this initial consultation.  Again, the point is not to give you legal advice, but rather, to determine whether the attorney is equipped to handle your case, and to begin to establish a relationship.  If the attorney is not, he may refer you to another attorney who may be more suitable for your particular needs.

Does This Consultation Establish a "Legal Relationship?"

The consultation itself does NOT construe a "legal relationship."  The point is to determine whether you would like to start one.  Generally, the "legal relationship" begins when you decide to retain the attorney.  This may happen at the end of the consultation, or it may happen at a later date.

So is What I Say Confidential?

Yes.  Everything you say during this consultation is subject to attorney-client privilege.  Thus, you need to be honest and straightforward with the attorney during this initial meeting.

Does This Meeting Obligate Me to  Use That Attorney?

Not at all.  Think of this consultation as a job interview.  It is an opportunity to assess each other and decide if you want to establish a working relationship.  But just like interviewing for a job does not obligate you to take that job, interviewing a lawyer does not obligate you to hire that lawyer.

Does This Consultation Obligate the Attorney to Take My Case?

No.  Again, this is an opportunity to meet one another and to decide if you can work together.  A good attorney will tell you if s/he does not think s/he is the right person for the job.

How Should I Act?

Treat the consultation as you would any other business meeting.  Encourage a dialog.  Ask questions, and be prepared to answer them.  Do not expect office staff to babysit children.  Children are usually best left at home, even if the case involves them in some way.  Do not bring your lunch.  Do prepare ahead of time.  You only have a limited time; make the most of it.

Do ALL Attorneys Offer a Free Consultation?

Not all attorneys do.  This is an important question to ask when you first reach out to the attorney. At The Law Offices of Heath D Harte,  we DO offer free consultations. We realize the importance of a good attorney-client match.  However, other attorneys may charge for your first meeting.  Usually, if a Free Consultation is offered, it will be listed on the attorney's website.

Summary

In this article, we discussed the purpose of an initial consultation with a lawyer.  We reviewed what you should expect, as well as your role in the process.  If you are located in the Connecticut or New York area, and you would like to meet with us, please give us a call or fill out the contact form on our website.

Here at the Law Offices of Heath D Harte, we are committed to serving our clients.  Thus, we believe in the importance of a free initial consultation.  We want you to be comfortable working with us.  We believe that lawyers should be affordable.  We do not believe in "nickle and diming" our customers.  We handle many cases on a contingency basis, meaning many legal actions can be taken with no out of pocket expenses for the client.  And to us, a free consultation is a very important part of the process.

Non-Adversarial Divorce in Connecticut

Non-Adversarial Divorce in Connecticut

New Laws go Into Effect, October 1, 2015

Connecticut has approved two simplified procedures for non-adversarial divorces. Effective October 1, 2015, these processes can speed up the divorce process. They may also eliminate the need to appear in court.

What is Non-Adversarial Divorce?

When people think about divorce, a “War of the Roses” type situation often comes to mind.  This is an “adversarial divorce.” An adversarial divorce is one in which the couple is arguing about how to divide property, custody, etc. Conversely, a non-adversarial divorce is one in which the two parties can compromise, reaching an agreement without an all out war. This does not mean there are no disagreements. Rather, it means the divorcing parties, or more often their attorneys, agree to negotiate their differences.  

As of October 1, 2015, in Connecticut, it is also simplified process by which eligible parties can obtain a divorce within 35 days without having to appear before a judge, as long as you meet the criteria.  An adversarial divorce will take a minimum of three months and involves appearing in court.

What are the Criteria for a Non-Adversarial Divorce?

First, you and your spouse must reach an agreement that is fair to both parties and reflects the best interests of the children, (if any.)  Neither party may “contest” the divorce or “charge” the other with grounds, such as abandonment or adultery.  You must meet residency requirements, and you must file a joint petition in the judicial district in which one of the parties resides.  You also must attest the marriage has broken down “irretrievably.”

What are the New Processes?

The first process is a Non-Adversarial Divorce for those with Limited Assets.  This process shortens the process to a mere 35 days, as long as you meet specific criteria.  In addition, a judge may grant these divorces “on the papers,” which means you will not have to come to court.  To qualify, you must first meet criteria for a non-adversarial divorce.  In addition, you must meet the following conditions:

• Have been married eight years or less;
• Neither person is pregnant;
• No children were born or adopted before or during the marriage;
• Neither spouse has any interest or title in any real property;
• The total value of all property they own is less than $35,000;
• Neither spouse has a company sponsored pension plan;
• Neither spouse has a pending bankruptcy;
• Neither spouse is applying for or receiving Medicaid benefits;
• No other action of dissolution of marriage is pending; and
• There are no restraining or protective orders between the spouses.

What if I do not meet these criteria?

If you do NOT meet these criteria, the second new process may apply to you.  This process allows your attorney to file a motion asking for a waiver of the requisite 90-day waiting period.  To qualify, you must have reached an agreement as to all terms of your divorce.  You must also meet the conditions described above.  This still significantly decreases the time period a traditional divorce requires.

What are the Advantages of Non-Adversarial Divorce?

The advantages are many.  First of all, a non-adversarial divorce is significantly cheaper than an adversarial one.  You can save thousands of dollars by avoiding litigation.  Next, a non-adversarial divorce is a lot less stressful.  It allows you to retain more of a sense of control.  It also takes a LOT less time than a traditional divorce.  Fewer relationships are strained, and parties involved have a greater chance of remaining “friends” after the split.  But perhaps most importantly, it allows you to move on with your life much more quickly.

How do I Initiate the Process?

We recommend you start the process as you would a traditional divorce: by consulting an attorney.  During your initial consultation, stress that you are interested in a non-adversarial divorce.  Question your attorney about his track record handling divorces, and ask how successful your attorney has been in keeping previous cases non-adversarial.  Discuss any “problem areas” you anticipate, as well as areas in which you are willing to compromise.

Final Thoughts

Here at the Law Offices of Heath D Harte, we believe in non-adversarial divorces whenever possible.  Even if you do not think you and your partner will be able to work things out, we still recommend you attempt the non-adversarial route.  After all, that is why you are hiring a skilled attorney.  We often take potentially-contentious situations and turn them into workable ones.  We can negotiate compromises where in areas you did not think were possible.  We believe in keeping the battles behind closed doors, whenever possible, and out of the courtroom.  We celebrate the new Connecticut processes that make divorce quicker and less costly.

If your situation warrants, we highly recommend you attempt a non-adversarial divorce.  (Of course, not all circumstances dictate this route, and if yours do not, we will recommend you take the alternate path.) To facilitate this, we often start negotiations before we file the paperwork.  If we cannot take advantage of the new law, we will go back and negotiate a more traditional divorce.  But we always recommend you take the non-adversarial route, if at all possible.  

Ignition Interlock Devices Now Required for DUI Offenders in Connecticut

Ignition Interlock Devices Now Required for ALL DUI Offenders in Connecticut

As of July, 2015, the State of Connecticut is requiring Ignition Interlock Devices (IIDs) for ALL individuals convicted of Driving while Under the Influence (DUI, or DWI.)  Previously, Ignition Interlock Devices were not mandated after a first offense.

With an Ignition Interlock Device, the driver must blow into the device before s/he can start the car. The device also requires random samples for the duration of time the car is operating.  If the device registers a BAC (Blood alcohol content) of 0.25 or greater, the vehicle will not start.

Connecticut considers a BAC of 0.08 driving under the influence.  This level dips to 0.04 for Commercial Drivers, and to 0.02 for drivers under 21 years of age.  If you refuse to take the test, your license will be immediately suspended, and you will receive a fine.  (Connecticut is an "implied consent" state.  which means the fact you are behind the wheel means you have consented to be tested if an officer suspects you are under the influence.)  In other words, the officer willl confiscate your license on the spot.  If you hold a CDL (Commercial Drivers License) and you refuse, your CDL will be revoked. Connecticut also allows prosecution for DUI even if you have refused to take the tests.  If you are convicted, you will still be required to install the Ignition Interlock Device once your suspension is lifted.

In Connecticut, both refusal to take the test and DUI convictions result in your license being suspended.  After 3 DUI convictions, your license is permanently revoked.

In addition to paying for installation and maintenance of the IID, as well as a $100 fee.  The $100 fee goes to DMV to cover the costs of administering the program.  If you fail to comply with IID restrictions, you will be subject to additional fines and criminal charges.  Asking another person to blow into your IID is a class 3 misdemeanor.  Connecticut also may impose these restrictions on a driver licensed in Connecticut who gets a DUI in another State.

The device itself costs around $75-150 to install.  Ongoing costs total about $3 per day.  This averages out to about $100 per month for the duration of the restriction.  Anyone who drives your vehicle (spouse, friend, child, etc.) will have to "blow clean" to start the car.  Using an alcohol-based mouthwash or breath spray prior to trying to start the car can cause you to fail the test.

There is no way around these restrictions.  If you get a DUI, either in Connecticut or in another State, and you hold a Connecticut Drivers License, you WILL need to install an Ignition Interlock Device.  The best way to ensure you will NOT have to use an Ignition Interlock Device is not to drink and drive.

Child Support in Connecticut, Part 1

Child Support in Connecticut, Part 1 

If you are a single parent, and your child lives with you, you are entitled to collect Child Support, In Connecticut, this applies both to divorced parents and to parents who were never married. It applies to heterosexual couples and same-sex couples. Both parents are legally obligated to support their children.

Child support is not automatic though. In order to receive support, you must apply for it. If you receive public assistance of any kind, you can get free help from The Department of Social Services to apply for support. If you do not receive public assistance, you can still apply through DSS, but the process will not be free. Applying through DSS is also a long process. Because of this, many people prefer to file for Child Support through the Superior Court.

Here at the Law Offices of Heath D Harte, we recommend you file through the courts, rather than through DSS. If you file through DSS, they will be responsible for enforcing the judgment. They have thousands of cases, and yours may not get priority. You will not have any choice regarding who will be assigned to your case. Because of this, the remainder of this article will focus on how to file for Child Support through the court, rather than through DSS. Later articles will discuss enforcement and modifications.

Am I Entitled to Collect Child Support? 

You are entitled to collect support if you are the Custodial Parent, and if you obtain a Child Support Order through the Courts. Basically, if a child lives with you, you are entitled to collect Child Support. If the child does NOT live with you, most likely you are required to PAY Child Support, rather than collect it.

What if some of the children live with me, and some of the children live with the other parent? 

This situation is a little trickier. The answer is “it depends.” Each parent's support obligations will be calculated on a separate worksheet. The lower obligation is subtracted from the higher obligation. The parent with the lower obligation will receive the difference in the sums. 

What if we share custody? 

If you share custody, the Court will look at how the child's expenses are paid. They will also look at the amount of time the child spends with each parent. If you pay the greater share of expenses, you are entitled to Child Support.

What if I receive Public Assistance? 

The other parent is still required to pay, but you will not get the full amount ordered. You will get $50 per month, and the State will keep the rest. Once you are no longer receiving Public Assistance, you will be entitled to the full payment. What if the other parent lives in a different state? You are still entitled to collect Child Support. The Connecticut Courts have mechanisms in place to enforce interstate support agreements.

Is Child Support for Mothers only? 

No, child support is for the custodial parent, be that parent the Father or the Mother. If you are the Father, and the child lives with you, the Mother is obligated to pay support. Likewise, if you are a same-sex couple with children and you separate, the non-custodial parent is obligated to pay support.

How Do I Apply for Child Support? 

You must file with the Superior Court to apply for Child Support. Alternatively, you may file with DSS. We recommend the Court route.

Although you may represent yourself, we strongly recommend you hire an attorney to help you through the process. Your attorney help you gather the needed information and file with the Courts. S/he will help you with the required financial affidavits and Court Worksheets. Your lawyer can also help if there are later issues with collecting, or if you need to modify the order. If you are NOT the custodial parent, we also recommend you hire an attorney so that your obligations are fairly calculated.

How is Support calculated? 

Connecticut follows an “Incomes Shares” model. This means they will look at the child's expenses as if they were living with both parents, and will then divide that cost according to each respective parent's income and assets.

 Connecticut has regulations and standard worksheets they use to figure out the payment obligations. These are called “The Connecticut Child Support and Arrearage Guidelines.” They use the combined income of the mother and the father and the number of children to set the support amount. Because the worksheets are fairly complicated, we suggest you complete them with an attorney's help.

Does the State set the same amount per child in all cases? 

No. There are many deviations to the standard calculations. If a parent pays for insurance for a child, that will be taken into account during calculations. If a child has special needs, generally larger payments are required. The number of other children a parent is supporting is also considered. If a child is receiving social security assistance, payments may be reduced. If one parent has significantly higher assets, they will pay a greater share. Likewise, if a parent has little net income, they may pay a lesser share. Again, an attorney can be really helpful in looking at how your circumstances effect the basic payment worksheets. Your lawyer can help you pay or receive a fair amount.

How long does the parent have to pay? 

The parent will be ordered to pay support until the child is an adult. Generally, this is until the child turns 18 or graduates from High School, whichever is later. However, support generally goes to at least 23 for special needs children. With severely disabled children, lifetime support may be ordered.

In addition, a parent can request an educational support order. If granted, this will require support through post-secondary education. These require payment until the child has finished the educational program or turns 23, whichever comes first. Support can be ordered through a Bachelor's Degree, a training program, or an Associate's Degree, but will not be ordered through a Masters or equivalent. These orders are NOT automatic. We strongly suggest you use an attorney if you are hoping for an Educational Support Order.

Can't the Parents draw up an agreement without the Courts? 

A Child Support Agreement is not enforceable without a Court Order. Respective attorneys can negotiate an order to present to the Courts to ease the process. But an agreement made between two parents is not enforceable. We do NOT recommend “Gentleman’s Agreements” when it comes to Child Support. It is best that all Child Support Agreements go through the Courts.

We're getting divorced; can we handle Child Support in the Divorce Decree? 

If you are getting divorced, we highly recommend negotiating a support order while negotiating your divorce. Since a divorce must go through the Court eventually, the Child Support can be mandated during the divorce proceedings.

Do I have to establish paternity to get support? 

Yes, you must establish paternity in order to get Child Support. However, a good lawyer can get the Court to order paternity testing as part of the child support filings.

Can I file for support for adopted children? 

Yes, you are entitled to support for any child adopted by two parents. This means if a father legally adopts a child conceived outside the marriage, he will be required to support that child when the marriage is dissolved. If an adoptive father has custody of a child, he is entitled to support from the child's mother. Likewise, if a same sex couple has children, and they split up, the non-custodial parent must pay support.

What if I don't know where the Father (or Mother) is? 

You will need to locate the Father before you can petition for support. This is also something your attorney can help you with. You should still petition for support, even if you cannot locate the Father (or Mother.) Both the Courts and your attorney can help try to locate him (or her.)

Can a support order be changed? 

Yes, you can file for modification of a support order. The whys and hows of modifications will be addressed in a future article. (Subscribe to our blog, Twitter Feed, or Facebook Page to be notified when this article is published.)

Can the other parent just refuse to pay? 

No, the other parent cannot refuse to pay. Child Support Enforcement will be discussed in a future article. But if the other parent doesn't pay, contact your attorney. S/he will help enforce the judgment.

I don't want the other parent to know where I live; can I still file for support? 

Yes, you can obtain Child Support and still protect your privacy. In these cases, it is important to let your lawyer know your concerns. S/he can help shield your personal details throughout the process. S/he can also arrange for payments to be made in a way that will not reveal your details.

Can I file for back Child Support? 

You can, but if it's awarded may depend on the other parent's ability to pay back support. It is always best to file as soon as possible after the baby is born, or after you split as a couple. In some cases, the Child Support process can begin before the baby is actually born, and it can include expenses related to the birth. These cases usually require establishing paternity.

Does This Apply to ALL US States? 

No. Child Support laws still vary from state to state. Although many of the generalities apply, this information is specific to Connecticut.

Do I NEED to hire a Lawyer? Or can I represent myself? 

The law does not require that you have an attorney. In the United States, we still have a right to represent ourselves. But just because we CAN, it doesn't mean we should. The worksheets are extremely complicated. Connecticut judges often take individual circumstances into account when determining payments. A good attorney will help you uncover the other parent's true assets and ensure an accurate financial profile is presented to the Court. A lawyer will help you get higher payments. A lawyer will help get payment procedures mandated in the original agreement to help minimize future trips to Court. A good lawyer will negotiate payment plans based on support payouts, and may even be able to recoup your attorney fees. You will have far fewer headaches in the long run if you work with an attorney.

Summary: 

In this article, we reviewed filing for Child Support. We discussed who is entitled to receive support and how to get the support process started. In Connecticut, a parent is required to pay support, regardless of marital status. The next article in this series will discuss modifications and enforcement.

Here at the Law Offices of Heath D Harte, we strongly believe in a parent's obligation to support his or her child. We believe a custodial parent should receive full financial support from the other parent, regardless of that parent's sex. We work hard to uncover the full extent of the other parent's assets so that the child gets the financial support he or she deserves.


If you are now a single parent or you are about to become one, we'd love to help you get the Child Support your child deserves. Contact us today, and we'll get the process started. We can help you receive Child Support in Connecticut or New York. We are adept with interstate and intrastate support cases.

Silly Connecticut Laws

Connecticut's Strange Laws

Every State has a few archaic laws, and Connecticut is no exception. Silly laws exist, both on a State level and in individual towns. Here are a few of Connecticut's stranger laws.

State Laws:

1. It's illegal to throw away used razor blades.
   
2. It is illegal to bike over 65 mph.
   
3. Town records cannot be kept where liquor is sold.
   
4. It's illegal to buy alcohol after 8 pm or on Sundays.
   (Amended so that you now can buy liquor on Sundays between the hours of 10 am and 5 pm.)
   
5. You may not use a White Cane unless you are legally Blind.
   
6. It's illegal to hunt or discharge a firearm from a Public Highway.
   
7. It's illegal for a pickle not to bounce.
   

City Laws

1. It's illegal to cross a street while walking on your hands (Hartford.)
   
2. It's illegal to walk backwards after Sunset (Devon.)
   
3. A Fire Truck may not exceed 25 mph, even when going to a fire (Guildford.)
   
4. Silly String is banned (Southington.)
   
5. Only white Christmas lights are allowed (Guildford.)
   
6. It's illegal for a barber or beautician to sing, whistle, or hum while working on a customer (Waterbury.)
   
7. A man cannot kiss his wife on Sunday (Hartford.)
   
8. It's illegal to educate dogs (Hartford.)
   
9. An arcade cannot have more than 4 amusement devices and must be licensed (Rocky Hill.)
   

Here at the Law Offices of Heath D Harte, we believe in a strong defense, especially when it comes to silly laws like these. If you are arrested for violating any of these laws, we will help you get your case thrown out.