You are considering to take care of a child that isn’t yours. You have two options: legal guardianship and adoption. The question is, how do they differ? What are the differences between legal guardianship vs adoption of a child?

Both guardianships and adoptions involve responsibilities to keep the child safe, healthy, well cared for, and happy. Most of the day-to-day duties are the same, too. Below, we explain the differences between them and help you figure out which option is the right one for you.

The Differences Between Legal Guardianship vs Adoption

What is difference between guardianship and adoption? While both are about providing a child with stable and supportive parents, they are not the same. In anything, they have many differences.

1. Legal status

Firstly, the legal status. The legal status of legal guardianship vs adoption is different. In the case of legal guardianship, the rights of the birth parents of the child may or may not be involuntarily terminated or voluntarily relinquished.

When parental rights have not been terminated or relinquished, the birth parents retain residual rights. The legal guardian of the child is given legal responsibility for the child.

They assume the rights of custody, care, as well as supervision of the child. Legal guardianship is temporary. It legally ends when the child turns 18.

In the case of adoption, the rights of the birth parents of the child are involuntarily terminated or voluntarily relinquished. The rights and responsibilities that once belonged to the birth parent are then given to the adoptive parent.

Unlike legal guardianship, adoption is permanent. It does not end when the child turns 18. The relationship is permanent and lifelong.

2. Decision making

In legal guardianship, decisions regarding medical treatment, school, and most other life decisions are made by the guardian. In the case where the parental rights of the child have not been terminated or relinquished, the birth parents retain important rights.

In an adoption, all decisions are made by the adoptive parent. The only exception is provisions in court orders.

3. The child’s legal name

The adoptive parent determines the legal name of the child. A legal guardian may change the legal name of the child with the birth parents’ consent.

4. Inheritance

When it comes to inheritance, legal guardianship vs adoption is different. In legal guardianship, the child has no rights of inheritance from the guardian. The child has rights of inheritance only if he/she has been included in the guardian’s will.

In an adoption, an adopted child has the same rights of inheritance as birth children when the adoptive parent does not have a will. Otherwise, the rights of inheritance of the adoptive child are established through a valid will.

5. Consent of the child

If the child is 10 years of age or older, he/she must consent to his/her guardianship. In the case of adoption, if the child is 10 years or older, he/she must consent to his/her own adoption unless the court adhering to the best interest of the child standard dispenses with child consent.

6. Death of adoptive parent or guardian

A guardianship subsidy ends with the incapacitation or death of a guardian. It may be offered to the next guardian. In an adoption, the adoption subsidy ends with the termination of parental rights or the death of the adoptive parents.

7. Termination of adoption or guardianship

Guardianship is a strong commitment to the child. However, it is usually temporary. It is set to end after a certain period, when the parent of the child asks, or when the child turns 18.

Adoption is also a strong commitment, but unlike guardianship, it lasts for a lifetime. Adoptive parents have parental rights until a court terminates the rights.

8. Subsidy

Legal guardianship vs adoption also differs when it comes to subsidy. A guardian is financially responsible for the child until the guardianship is over. In most cases, a child in foster care is eligible for a guardian subsidy.

Non-custody children, on the other hand, are not eligible for a guardianship subsidy. Guardianship subsidy lasts until the child reaches the age of 18.

Adoptive parents are financially responsible for the child. The adoption subsidy lasts until the adopted child turns 18 with exceptions.

9. Medicaid or other health insurance

Guardianship subsidies don’t include Medicaid except for Federal IV-E Guardianship Subsidies. If a child remains in foster care through his/her 18th birthday, he/she is eligible for Medicaid until age 26.

Meanwhile, in most cases, adoption subsidies include Medicaid Coverage. Adoptive parents can decide the adopted child’s place on their insurance. Keep in mind that Medicaid would be secondary to private insurance.

If the adopted child meets DPA eligibility requirements, he/she may be eligible for continued Medicaid coverage until age 21.

10. Child support

In legal guardianship, the birth parents are responsible for paying child support if their parental rights have not been terminated. The child support benefit will not be directed to the guardian.

In an adoption, when the parental rights of the biological parents are terminated, they are no longer responsible for continuing child support after the date of adoption. They may still be responsible for unpaid child support.

11. Relationship with the birth parent

The relationship between the child and the birth in legal guardianship vs adoption is quite different. In a guardianship situation, if the parental rights of the birth parents have not been terminated, they have the right to visit the child except in the case where a court orders no visits.

The guardian cannot prevent visits from occurring. They, however, will have input into how the visits are structured. If the parents and guardian cannot work out visitation schedules, one of them may wish to seek court involvement.

As the adoptive parents have parental rights, they have the right to decide if the adopted child will have any relationship with his/her birth parents and how the relationship will occur. The exception is when there is a specific court order.

Legal Guardianship vs Adoption: Which One Is Right for You?

Now you know what makes the two options different. Which one is right for you? Of course, this is not an easy question to answer and we can’t answer it for you. That said, we can give you some points to consider to help you figure out which option is the right one for you.

1. How long do you want the responsibilities to last?

Responsibilities are among the first things to consider when choosing legal guardianship vs adoption. How many responsibilities would you be able to bear? Both guardianship and adoption involve responsibilities to keep the child safe, healthy, well-cared for, and happy.

You must provide the child with care, food, clothing, and shelter. You will be making educational, medical, and financial decisions on the child’s behalf as well. However, guardianship only lasts to a certain point. Adoption, on the other hand, is forever.

A guardian takes care of the child while his/her parent can’t. The guardianship is over after a certain amount of time, when the parent of the child asks, or when the child turns 18.

If you adopt a child, he/she will have the same legal status as a biological child. The adoptive parents have full parental rights and they will be the child’s parents for the rest of their life.

2. Do you want the birth parents to still be involved?

Another thing to consider regarding legal guardianship vs adoption is whether you want the birth parents to still be involved in raising the child. Guardianship does not take away parental rights from the birth parents. They retain the rights and thus, will be involved in raising the child.

Not only can the birth parents make decisions on behalf of the child, but they can also terminate the guardianship if they wish.

In an adoption, the parental rights are transferred from the birth parents to the adoptive parents. This means the adoptive parents will have full parental rights.

If you want the birth parents to still be involved, then a guardianship will be the right choice for you. If you don’t want them to still be involved, then adoption is the right one.

3. How much time do you have to deal with legal matters?

The process of guardianship and adoption takes time. Guardianships in general are much simpler and can be completed quicker. Many guardians never need to go to court for the guardianship process. Home studies aren’t typically required, either.

On the other hand, the adoption process tends to be more complex and lengthier.  The simplest adoptions are usually family adoptions where all of the involved parties consent to it.

Even in these cases, the adoptive parents usually need to fill out documents and then submit them for the court’s approval. If the adoption is done via a private adoption agency or the foster system, the process can take even longer.

You may need to petition the court to transfer the parental rights of the previous parents to you, prepare your home for an inspection, or take other steps to complete the adoption process. In short, adoption tends to take more time than guardianship.

How Can I Get a Guardianship?

To get a guardianship, you must first show that both parents of the child are not fit, unwilling, and not able to act as guardians of the child.

In many cases, this might happen when one parent is out of the picture for some reason and the other parent recognizes that he/she cannot take care of the child and asks a relative or friend for help.

A parent can consent to a guardianship, but he/she must be willing to tell the court that he/she is unfit, unwilling, or not able to act as a guardian.  The court will then appoint a lawyer to represent the child (guardian ad litem). The lawyer will meet with the child and the appointed guardian.

If the court determines that the child has no parent who is fit, willing, and able to act as a guardian, the court will look to see whether you are able to serve as a guardian.

If there is a dispute regarding whether a guardianship is necessary or who should be appointed as a guardian, the court will hear evidence from the parties involved and make a decision.

Also Read:

• Interactive Legal vs WealthCounsel, Which is The Best?

How Can I Terminate a Guardianship?

The birth parents of a child who is under a guardianship can petition the court to terminate the guardianship. They will have to show the court that they are fit, willing, and able to act as guardians and explain why terminating a guardianship is in the child’s best interest.

The birth parents will need to show the reasons why the guardianship was entered no longer exists. They also need to demonstrate how the termination of the guardianship is in the child’s best interest. Keep in mind that the judge will not presume this.

How Can I Adopt a Child?

Adoption involves the termination of parental rights of the birth parents. As such, the court will scrutinize the grounds for which these rights should be terminated.

If the birth parents are willing to consent to terminate their parental rights, or if there are solid grounds for the termination of these rights, then you should consult with an attorney.

Before the court will hear the adoption, you have to have lawful custody of the child for six months at minimum. This is typically not an issue with stepparent or foster parent adoptions. However, in other situations, you may need to obtain an order from the court to transfer the custody.

You will also need to arrange for a home study and a post-placement assessment. The court will appoint an attorney to represent the child (guardian ad litem). The lawyer is tasked with advocating the best interest of the child in the adoption process.

When the court is satisfied that the parental rights of the birth parents should be terminated, and that you would be an appropriate adoptive parent for the child, and after lawful custody, the court will hold a hearing to decide whether the adoption should take place.

When it comes to legal guardianship vs adoption, there are many differences. The main difference is that guardianships only last for some time while adoptions are permanent.

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You are planning to prepare some legal documents. The problem is, you don’t know how much legal document preparation fees are. No worries. We are here to help. In this post, we explain what these fees are, how lawyers charge for document preparation services, and types of documents and their costs.

What Are Legal Document Preparation Fees?

These are fees that lawyers charge to draft, create, or prepare legal documents. There are many types of legal documents, which include

• Personal or business documents
• Living trust and will
• Probate
• Divorce
• Contracts

How Do Lawyers Charge to Prepare Legal Documents?

There are two ways lawyers charge to prepare legal documents: flat fee rates and hourly rates.

Flat fee rates

Flat fee billing is a popular way lawyers charge to prepare legal documents. A lawyer will quote the client a flat fee for their services after they understand their assignment and the terms that need to be included in the document.

A typical flat fee includes consultation, document drafting, and revisions. On average, legal document preparation fees are in the $600 range.

Hourly rates

There is also hourly rate billing. Many lawyers choose to charge their clients on an hourly basis for their services. On average, the hourly rate that a business lawyer charges for preparing legal documents ranges from $250 to $350 per hour.

Types of Legal Documents and Costs

Below, we listed some types of Legal documents and their estimated costs.

1. Personal or Business Documents

Legal document preparation fees vary, depending on whether the documents are for an individual or a business. Keep in mind that this doesn’t mean business proceedings always cost more. There are multiple factors that affect the price such as the type of documents.

Not all law firms charge the same, either. For instance, law firms in California might charge around $500 to help a client complete documents to form a limited liability company, around $300 and up for judgment enforcement documents, and around $65 and up for legal messenger.

Meanwhile, Phoenix-based law firms might charge $199 to help a client complete documents to form a limited liability company.

2. Living Trust and Will

Living trusts and wills are not the same thing. A living trust enables people to avoid probate court. On the other hand, probate is required to confirm the validity of a will. Legal document preparation fees for living trusts and wills vary.

Legal document preparation fees to prepare living trust documents for an individual range from $430 to $600. For a couple, it ranges from $530 to $750. The service includes the living trust, a pour-over will, a living will, healthcare, and powers of attorney documents.

3. Probate

The costs of uncontested and contested wills are different. In general, full probate for uncontested wills is less costly than contested ones. For uncontested wills, full probate can cost $4,500. For contested wills, $4,500 plus any additional time at the lawyer’s hourly rate.

Of course, not all lawyers charge the same amount of fee. Some lawyers will ask their clients so they can create an estimate of the document preparation fee cost.

4. Divorce

A lawyer, paralegal, or legal document assistant can help draft and file the required legal forms for divorce. Similar to other legal documents, multiple factors affect the final cost. For example, asset division and whether there are children or not.

The cost of divorce document preparation can start at $240 for divorce without children and $340 with children. There are also law firms that charge flat rates for divorce paperwork preparation, starting at $500.

5. Contracts

Contracts come in many types. Some of the most popular contract drafting projects are service contract, partnership agreement, single-member operating agreement, multi-member operating agreement, terms of service, privacy policy, and employment contract.

How much legal document preparation fees for these contracts? Of course, each contract has a different cost. The following are the contract document types and their average costs.

• Service contract: $505
• Partnership agreement: $625
• Single-member operating agreement: $450
• Multi-member operating agreement: $950
• Terms of service: $450
• Privacy policy: $450
• Employment contract: $500

Keep in mind that these are the average flat fee rates. Meaning, it is the amount of money you need to pay to complete a project.

Also Read:

• Is it Legal to Hire a Private Investigator? Here’s The Explanation
• Do I Need a Lawyer to Start an LLC?

More about Contract Drafting

Lawyers provide contract drafting services to clients who need to create legal documents to regulate transactions. The process of contract drafting involves consultation, in which the client consults with the lawyer on the terms that need to be included in the document.

Once the lawyer understands the assignment and has identified the terms, they will create a first version of the contract for the client to review and provide feedback.

Contract drafting is an iterative process. It may take some revisions to get the document to say what the client wants and at the same time, protect them.

Hiring a lawyer for contract drafting is recommended considering contracts are vital to businesses. They regulate the relationships businesses have with customers, employees, investors, and others.

Common Legal Document Preparation Projects

Service contract

This type of contract is a legal document that regulates the relationship between a service provider and their clients. Service providers usually want service contracts that ensure their best interests are protected.

Employment contract

Employment contracts are legal documents that govern the relationship between businesses and employees. Considering how highly litigious employment law is, it is best to have a lawyer create it.

Terms of service and privacy policy

Website agreements, such as Terms of service and privacy policy are becoming a popular contract drafting project nowadays. These legal documents manage the relationship between a website and its users.

Investment contract

Investment contracts usually involve the exchange of a large amount of money. As such, it is best to have a lawyer create the contract.

Asset purchase agreement

Asset purchase agreements are legal documents used when a business wants to buy assets from another business.

So, how much legal document preparation fees? As the estimated costs above have shown you, the fees vary. They depend on many factors, including the type of document, details related to the document, and the lawyer, among other things.

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Are you looking for estate planning software that fits you? When it comes to estate planning software, there are plenty of them on the market. Having a lot of options is nice, but it might make choosing which to use confusing. We are here to help. We will talk about Interactive Legal vs WealthCounsel.

We will compare the two estate planning products. While we can’t decide for you which one to use, as each attorney has different needs, we will tell you what each product offers. That way, it will be easier for you to decide which one is the best.

Interactive Legal vs WealthCounsel: The Products in Brief

Interactive Legal’s estate planning software is called Essential Estate Planning while WealthCounsel’s is called Wealth Docx. Both of these are cloud-based drafting solutions, which makes them quite convenient to use. If you have a device and internet connection, you can draft anywhere and on the go.

1. Interactive Legal Essential Estate Planning

The software is specifically designed to prepare documents for clients of modest wealth. The system of Essential Estate Planning helps an attorney manage a large amount of transactional estate planning work.

It provides the essentials needed to elevate an attorney’s practice and keeps them up-to-date on the changes in the law.

The software has a collection of ancillary documents and forms, Wills, as well as Trusts. Each one features a wide range of options to meet clients’ planning needs. It makes custom drafting much less time-consuming.

2. WealthCounsel’s Wealth Docx

Wealth Docx is a comprehensive and robust drafting solution. As it is cloud-based, you can use the software to draft estate planning documents anywhere and on any device. You just need an internet connection.

Wealth Docx offers interactive templates for drafting basic to complex trusts and wills. It also offers the most comprehensive suite solutions for asset protection, retirement, as well as charitable planning. It has everything an attorney needs to draft competently, efficiently, and confidently.

Features

Both Interactive Legal vs WealthCounsel is a cloud-based estate planning drafting solution. However, they come with different features, which may or may fit your needs.

1. Essential Estate Planning

Legacy Planning Strategies

• Structuring of Martial, Descendant, and Family Trusts.
• Balancing family access, tax efficiency, and creditor protection.
• Tax planning in states with independent state death taxes.
• Asset protection strategies using Revocable Trusts and Wills.
• Customized estate planning for non-traditional families and relationships.
• Redirecting property through powers of appointment.
• Maximizing downstream wealth transfer.
• Creating individual cash legacies in trust.

Revocable Trusts

• Executive Summary
• Funding Instructions
• Separate and Community Property
• Different options of fiduciary powers
• State-specific options and language
• Practitioner Action Steps Checklist
• Options for unmarried partners available
• Separate Certificate of Trust

Irrevocable Trusts

• State-specific options and language
• Practitioner Action Steps Checklist
• Executive Summary
• Separate Certificate of Trust
• Fiduciary powers options
• Crummey Notices

Power of Attorney

• State-specific forms

Wills

• Executive Summary
• State-specific options and language
• Options for unmarried partners available
• Fiduciary powers options
• Separate and Community Property

Agreements

2. Wealth Docx

Customized Drafting

The needs of an attorney’s practice and their clients vary. Wealth Docx makes it easy to create and customize drafting templates to fit those needs.

Individualized Documents

Each client has unique circumstances. This feature enables an attorney to design documents that meet their client’s circumstances using guided interviews.

Common Scenarios

Although each client has unique circumstances, fact patterns do exist. Using the Scenarios feature, an attorney can create a design template based on fact patterns.

State Documents

Users can incorporate recommended statutory references or preferred provisions for selected states.

Automated Updates

Wealth Docx helps attorneys to stay up-to-date. The automated updates feature ensures that the user can draft confidently knowing that the software not only keeps up with the latest legal language but also enhanced functionality.

WealthCounsel and Interactive Legal Pricing

Next, let’s talk about Interactive Legal vs WealthCounsel in terms of pricing. Neither companies mention the price of their estate planning software. This is not necessarily a bad thing.

Both companies understand well that each law firm has different needs. Instead of offering flat pricing for their products, Interactive Legal and WealthCounsel enable clients to request or schedule a demo.

A demo lets clients know how the product will benefit them and in what way. Plus, the pricing is tailored to each client. For example, WealthCounsel’s pricing is based on the number of users in the firm. This means the price of the product may vary from one law firm to another.

So, Interactive Legal vs WealthCounsel, which is the best? It depends on your needs. For example, if you need estate planning software that focuses on structure, WealthCounsel is the best option. Likewise, if you need one that excels in managing large numbers of transactional works, Interactive Legal is the best.

Also Read:

• Legal Guardianship vs Adoption: What are the Differences?

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How much is a legal malpractice case worth? When you hire an attorney to represent you, you expect them to be able to provide you with honest and competent services. After all, attorneys must follow rules of professional responsibility. They have a fiduciary duty to fulfill as well.

Unfortunately, not every attorney can or will fulfill their responsibility and duty they should. When this happens, it can cause serious harm to the client. In this post, we help you understand legal malpractice, how much a legal practice lawsuit worth is, and what you can do to maximize the value of your claim.

Understanding Legal Malpractice

Let’s start with the definition first. What is legal malpractice? Legal malpractice happens when an attorney is unable to meet the required level of skill and care that they should provide during the representation.

This can involve any number of omissions or actions on their part. For instance, providing incorrect advice to clients, making mistakes with documents or paperwork, missing deadlines, or engaging in unethical conduct.

If you believe you have been the victim of legal malpractice, you might want to contact an experienced attorney immediately. If you have the right legal representation, you may be able to get compensation for damages or losses caused by your attorney’s negligence.

How Much Is a Legal Malpractice Case Worth?

So, how much is a malpractice lawsuit worth? There isn’t a single answer to this. Each case is different. That said, the average legal malpractice lawsuit may be worth hundreds of thousands of dollars.

The worth of your case can be even higher than that, depending on what your attorney did or did not do. When filing a legal malpractice lawsuit, hire an experienced attorney to represent you and  leave nothing to chance.

Damages that You Might Be Able to Recover

So, the answer to “How much is a legal malpractice case worth?” is different from one case to another. What about the damages or losses that you may be able to recover? Here are the damages or losses that you might obtain in a legal malpractice lawsuit.

1. Compensatory damages

These damages are meant to compensate the plaintiff for losses. That is, to make them whole again. Injuries or losses you suffered should be recoverable in your claim.

Compensatory damages can vary from case to case. Some examples include lost business income, lost wages, and loss of consortium.

2. Consequential damages

Consequential damages are the damages caused by the attorney’s negligence. For example, due to legal malpractice, you could not pursue a time-sensitive opportunity after a deal fell through.

In other words, the damages are an indirect result of the negligence of the attorney. To be entitled to these damages, you must show that the damages are a foreseeable consequence of the negligence that took place.

3. Punitive damages

Punitive damages are damages caused by intentional or egregious examples of misconduct.

Also Read:

• Legal Malpractice Divorce Settlement: Important Insights
• Legal Malpractice in Family Law: Risks and Solutions

Tips for Maximizing the Value of Your Claim

While there is no straight answer to “How much is a legal malpractice case worth?” there are several steps you can take to maximize the value of your claim. For instance,

1. Keep a record of communication and any related evidence

If you are considering filing a claim, there are a few steps you can take to maximize the amount of compensation. Firstly, keep records of communication with your attorney.

If there is any other evidence related to your case, keep that as well. This will help back up your claim and provide concrete proof of damages or losses.

2. Consult with other attorneys

It is a good idea to consult with other attorneys regarding the specifics of your situation. By doing so, you can get an objective opinion on your claim’s value and whether or not it should be pursued.

3. Choose the right legal representation

Make sure that you choose an experienced attorney for legal malpractice claims. Find an attorney that has a successful track record of recovering damages and losses for their clients.

An experienced attorney will handle your case effectively. This, in turn, could help you get the fair compensation you deserve.

So, how much is a legal malpractice case worth? Every case is different. On average, a legal malpractice case can be worth hundreds of thousands of dollars. It depends on what the attorney did or did not do.

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If you are considering a legal separation to end your relationship with your spouse, you might be wondering about the cost of legal separation in Michigan. Typically, a legal separation is not as costly as a divorce. However, every case is different.

In this post, we explain some details about the process. From what makes it different from divorce, why choose a legal separation over a divorce, its cost, and the factors that affect the final cost.

Michigan Legal Separation vs Divorce

There are three ways to terminate a marriage: divorce, legal separation, and annulment. Legal separation, or separate maintenance in Michigan, does not make you single. This is what makes it different from a divorce.

When the process ends, you and your spouse will not be living together as a family or in a romantic relationship with each other. A legal separation ends your relationship with your spouse, but you and your spouse are still officially married.

There are multiple reasons why people choose a legal separation, such as finance, religious, or insurance benefits, among others.

What Is Included in a Legal Separation Agreement?

The following are some of the common issues covered by a legal separation agreement

Assets. While married, couples usually acquire assets. The agreement will lay out the asset division.

Debts. Similar to assets, the agreement will also lay out the debt division i.e. who is responsible for certain loans.

Alimony. In cases where one spouse provided most of the financial support during the marriage, they may agree to pay alimony while separated.

Child support. The court will dictate child support after the couple is separated.

Benefits and taxes. The agreement should include how benefits and taxes are sorted out.

The Cost of Legal Separation in Michigan

Next, let’s talk about the cost. How much does a legal separation cost in Michigan? The cost depends on the case. Typically, the cost of a legal separation is less expensive than the cost of a divorce. As a reference, the average cost of a divorce in Michigan is $4,000.

The average cost of legal separation in Michigan is around $930. Keep in mind that the actual cost of filing a legal separation can be as low as $50. In addition, if you and your spouse decide to not hire lawyers to represent you, you can save a lot on legal fees.

In that case, the total cost of legal separation will come down to the court fee, which costs somewhere between $50 and $300.

Even if it is an uncontested legal separation, there are fees you need to pay although it is far less than a contested one, which can cost tens of thousands of dollars or more.

Also Read:

• How to Get Legally Separated in Oklahoma: Step-by-Step
• Legal Name Change Michigan After Marriage: Complete Guide

Factors that Affect the Cost

Now that you know the average cost of a legal separation, you might be wondering about the factors that affect it. There are several factors that affect the cost of legal separation in Michigan. For example,

1. Marital assets

If you and your spouse own assets together, it can be difficult to reach an agreement on the separation. Note that you can sort this out without legal representation. You and your spouse can reach an agreement regarding marital assets and present the conclusion in court.

Many couples find it difficult. As such, they use the services of a lawyer to help sort it out. Of course, hiring a lawyer to represent you will add more cost to the final cost. It can be anywhere from several hundred to several thousand dollars.

2. Third-party involvement

The more marital assets you and your spouse own, the more expensive the cost to divide them. The asset division may require the involvement of third parties such as accountants, appraisers, and even psychologists. Each hired third party will add to the total cost of a legal separation in Michigan.

3. Personal agreement

In the case where both parties decide to file a legal separation with both parties’ best interests in mind, they can come up with a personal agreement that they will present in court. If the couple can agree on everything, third-party involvement can be kept to a minimum, thus, lowering the final cost.

So, how much does a legal separation cost in Michigan? The average cost of legal separation in Michigan is $930. Of course, an uncontested legal separation will be less costly than a contested one. Each case is different, and so is the cost.

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Going through a divorce is exhausting. The process is overwhelming and complicated. Naturally, you want to rely upon your divorce lawyer to get through it and ensure that you end up with the best possible outcome. Unfortunately, legal malpractice divorce settlement does happen.

You may feel something is off. You may wonder if your lawyer has done everything they can to get the best possible outcome or if they may not act in your best interest. If that is the case, your lawyer may be involved in legal practice.

What Makes It Actionable Legal Malpractice?

Family law cases can be difficult to assess malpractice. It is essentially a case within a case and proving that a mistake was made in the first place is something difficult on its own.

Something might be a mistake for a law practitioner but a strategy for another. There is always the risk of failure in every strategy and court case.

That being said, when a divorce lawyer made mistake that causes their client loss of potential damages or financial loss, then it could be actionable legal malpractice.

When it comes to custody, child support, or alimony, a person can always petition the court for a modification. Meaning, the damages they suffer as a result of their lawyer’s mistake can be limited.

This, however, might not be the case when it comes to asset division, which is final when the court approves a divorce.

Disagreeing with your divorce lawyer’s practices or being unhappy with your divorce settlement are not grounds for a legal malpractice divorce settlement. To be considered legal practice, your lawyer’s actions must cause you economic harm and they must be negligent or involved in illegal practices.

You Can Sue Your Divorce Attorney, But…

Divorce law can be a difficult area for legal malpractice claims. The reason is that in most situations, the alimony, custody, or child support settlements can be modified again by the court.

If you are not happy with your lawyer or you believe that they have made a mistake, it is wise to get a second opinion on the matter or hire another domestic lawyer. The new lawyer may be able to fix the problem.

If that is the case, then there is probably no ground for a legal malpractice claim as there would be no damages caused by the first lawyer’s alleged mistake.

Note that even if the mistake can be corrected by the second lawyer, you might still have a claim for the attorney’s fees and expenses which could have been avoided had the first not made the mistake.

If you want to sue your divorce lawyer, you would want to hire another domestic lawyer for a legal malpractice divorce settlement or at least consult with them.

The new lawyer should be able to determine if something is not fixable or modifiable or if the first lawyer may have breached a fiduciary duty.

If It Can’t Be Fixed or Modified

If the second divorce lawyer determines that something can’t be fixed or modified, you may have a legal malpractice divorce settlement claim to discuss. Compensatory damages would be the value of the mistake caused by the first lawyer.

Ideally, you want to show damages in quantifiable terms i.e. dollars and cents. The damages, however, could be something hard to define or quantify.

If the issue can be modified, any divorce malpractice attorney will recommend that the client consult with another divorce lawyer to try to fix the issue and mitigate the damage. While you can sue your divorce lawyer, it is wise to consult with another divorce lawyer to discuss your situation first.

How to Win a Legal Malpractice Divorce Settlement

To win a malpractice case, you have to prove two things. First, you have to prove that a mistake was made, and second, prove that the mistake made a difference.

If the mistake can be corrected and after the correction, a judge reaches the same conclusion, then that can be seen as evidence that the mistake was inconsequential and it didn’t result in damages.

In most cases, if the mistake doesn’t change the outcome then it won’t amount to malpractice. That being said, in some cases legal fees can be recovered plus the limited damages suffered.

Legal malpractice divorce settlement happens. The above insights should help you to determine whether your divorce lawyer is involved in legal practice or not.  

Also Read:

• How Much Is a Legal Malpractice Case Worth?
• Legal Malpractice in Family Law: Risks and Solutions

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Adopting the name of your spouse is a statement that you are married. Besides giving a better connection with your new family, it makes your days after marriage less challenging than keeping your maiden moniker. However, a legal name change Michigan after marriage can be a daunting task.

Updating your last name takes extra steps and requires more piles of documents. That is because obtaining a new legal name does not automatically alter the information on your passport, bank account, and other necessary documents. You may need to go back and forth to get the tasks done.

Steps to Change Name After Marriage in Michigan

The process of legal name change varies by state. If you are recently married and live in Michigan, prepare yourself for the following work. Make sure you do not have travel plans in the short future as it typically takes a few months.

1. Get a Marriage License

The very first step to using your husband’s last name is to get a marriage license. You will need to visit a licensing bureau in your county and bring a birth record as well as a valid photo ID. It usually takes around 3 days to obtain a marriage license and costs $20 – $30.

Please keep in mind that the name change process may also require certified copies of the marriage license. You will want to submit an application form separately to get those copies.

2. Petition for a Legal Name Change

Depending on the type of name change, you may need to petition the court to execute a legal name change. For instance, you want to keep your maiden name in the middle of your new name instead of eliminating it. In this case, the court order becomes your legal document.

To complete a petition to change your name, visit the official website of the Michigan Courts. Submit the original form and keep the copy for yourself. Oftentimes, you are required to get a criminal background which elongates the process of legal name change Michigan after marriage.

3. Get a Name Change from Social Security Administration

After obtaining the court order, now you have legal name change evidence. Bring the court order or marriage certificate copy to several agencies. You can start with the Social Security Administration (SSA) to upgrade your Social Security card.

Some documents you need to prepare when visiting the SSA agency are a certified copy of your legal name change, driver’s license as proof of identity, proof of citizenship, and form SS-5. If you have a problem providing the documents, please visit the official website of SSA for queries.

4. Get a New Passport

Although you are not planning an international trip, it is necessary to update your passport when it comes to legal name changes. An updated passport provides extra evidence of the latest personal information, not to mention it may help you in case you have problems updating your driver’s license.

Different documents are needed for different categories including passport correction, renewal, and new application. If your current passport is still in good condition, you will fall into the passport renewal category that requires an application form, current passport, name change document, and a color photo.

5. Update Your Driver’s License

To complete the process of legal name change Michigan after marriage, you will need to update your driver’s license at the Secretary of State’s office. You must come in person to take a new photograph. Don’t forget to bring your current driver’s license and a certified marriage license.

The renewal fee for a corrected driver’s license is around $9 while an enhanced driver’s license costs $24. If you do not have much time to wait, feel free to make an online appointment.

6. Change Your Name on Your Bank Accounts

Updating the information on your bank accounts is a must as soon as you obtained the new name. Visit the nearby branch of your bank in person or send a certified copy of the marriage license via email if possible. The required documents and processes may vary by the bank.

Some documents you need to prepare include an updated social security card, a new driver’s license, and a certified copy of the marriage license. But to make it clearer, it is highly recommended to call your bank prior to your visit.

7. Complete Your Name Change

Despite the long and tedious processes, legal name change Michigan after marriage is not yet completed. You still have to update your contact information in other places like your company, insurance, credit cards, mortgage, rent, and so forth.

Your name is personal information that you use everywhere. Since a small difference can cause major issues in the future, it is important to make sure you do not forget something important. Ask your partner to help you with a personalized checklist so you wouldn’t miss the details.

Is It Necessary to Publish Notice of Your Name Change?

In Michigan, the notices of name change court order must be declared. The information is published in a local newspaper, which gives people a chance to object to it for some reason. But it is also possible to ask the judge to keep it unpublished if you know it would be dangerous.

Some courts in the county cooperate with the legal news for local publications. Any hearing conducted in these courts will be sent to the legal news for publishing. You may be charged for this publication and the price varies depending on the county.

If the court does not work with the local legal news, it may require you to reach a local newspaper for a notice publication. The cost may vary depending on several factors.

You may ask the judge not to publish the notice of the name change for good reasons. For instance, it would put you at risk of discrimination, physical danger, or other important reasons. File your petition and the judge will decide what to do with your request.

Completing your legal name change Michigan after marriage is not a simple process. You have to go back and forth to the associated institutions and make changes anywhere necessary from your driver’s license to bank accounts and insurance information.

Also Read:

• How Much Does a Legal Separation Cost in Michigan?
• How to Get Legally Separated in Oklahoma: Step-by-Step

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In an abusive situation, a restraining order serves as your legal protection from abuse and harassment. Getting this legal document can be a long and complicated process moreover if you know nothing about the law. That becomes the question, do you need a lawyer for a restraining order?

In general, the presence of an attorney makes legal processes easier because you have someone who ensures your legal rights are fully protected. But is it necessary to hire a lawyer to get your restraining order? Get to know the answer before you spend a lot of money.

Do You Need a Lawyer to Get a Restraining Order?

No. You are not required to have a lawyer to get an order of protection. Whenever you need to protect yourself or your family from an abuser, you must fill out paperwork and file it at a county courthouse. But some situations require you to go to trial and this is one of the reasons why you need a lawyer.

The intricate hearing process can be overwhelming for an individual who is lack law knowledge. An attorney can assist you if you are too afraid to speak up. He will also defend you during the hearing, which increases the opportunity of getting the order.

In addition, a lawyer will make sure your documents are all correct, complete the paperwork, and make sure your situation qualifies for a protection order. Thus, you can focus on other things that matter for your safety and mental health.

During the process, some courts may advise you and the defendant to hire a lawyer as your representation. In case you cannot afford a legal advocate, the court will assign a lawyer for you for free. You must be a low-income individual to qualify for a free lawyer.

It never goes wrong to hire a legal advocate during the process, especially if the abuser has one. If you are not daring enough to communicate with the defendant, your lawyer will do it for you. Even if you know nothing about the law or restraining order, the attorney makes sure you get what you deserve.

Do you need a lawyer for a restraining order? Yes, it is highly recommended to have an advocate when you are trying to obtain this legal document. Not only do they help protect your legal rights, but they also make sure you get what you want.

Different Types of Restraining Orders

Restraining orders come in various types to meet different circumstances. Before you decide to fill out a form, make sure you know what kind of protection order you need.

1. Domestic Violence Orders for Protection

DVOP is the most familiar restraining order. To qualify for a DVOP, one or more of these situations must have occurred in your family including assault, physical harm, bodily injury, stalking, or sexual assault. DVOPs consist of two types, final protection orders and temporary ones.

2. Civil Anti-Harassment Orders

This type of restraining order protects you against individuals who are harassing you, no matter your relationship with them. Do you need a lawyer for a restraining order of anti-harassment? Yes, if you want to keep the process simple.

3. Sexual Assault Protection

As the name suggests, this restraining order provides protection against someone or a group of people who have assaulted you sexually. To be eligible for a sexual assault protection, an individual must have experienced sexual assault.

4. Vulnerable Adult Protection Order

This type of restraining order protects vulnerable adults who have experienced abuse, abandonment, neglect, and financial exploitation. Getting a threat of these situations also makes you eligible for vulnerable adult protection order.

5. Extreme Risk Protection Order

An extreme risk protection order can be filed if you get a threat from an individual with their weapons. This legal document temporarily restricts someone’s access to their guns or possessed weapons to protect your safety.

How to Get a Restraining Order

To get a restraining order, you must fill out forms depending on the type of order that you want. If you file a DVOP, you would need to go to trial in person or by phone with the abuser. Do you need a lawyer for a restraining order? Yes, if you need help with the forms, paperwork, and hearing.

How Much Does a Restraining Order Cost?

In the US, there are no costs for filing a restraining order and you do not need a lawyer to file forms. But if you plan to hire a professional lawyer for hearings, the costs heavily depend on which legal firms you choose. Some high-class attorneys charge hundred dollars per hour.

Filing a restraining order is an effective way to protect yourself or your family from harassment, abuse, assault, or stalking. Do you need a lawyer for a restraining order? You are not required to hire a lawyer but it is highly recommended to have one, especially if the abuser comes with an attorney.

Also Read:

• XX Things Not to Say to a Lawyer: Key Mistakes to Avoid
• Should I Hire a Lawyer for Identity Theft?
• Do I Need a Lawyer to Start an LLC?

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A car accident can occur anytime anywhere. If you are lucky enough, you might be slightly hit by another driver and get minor damage to your vehicle. In this situation, a question may pop up in your head—should I get a lawyer for a minor car accident or should I just forget this little thing?

Many people in this situation probably think that they should not make a fuss about the accident, especially if they feel fine and their cars only have minor damage. But according to the law in most states, any car accident must be reported otherwise, it would be considered illegal.

Common Mistakes You Might Have Made After a Minor Car Accident

There are several mistakes that drivers commonly make after a car accident. Avoiding the following mistakes can make a big difference in terms of insurance claims and compensation.

1. Leaving the Scene

In many cases, drivers involved in minor car accidents choose to leave the scene and forget that the accident ever happened. The truth is that leaving the scene can make it more difficult to get a clear fact, in case you change your mind and need to hire a lawyer.

2. Failing to Report the Accident

Not reporting a car accident is illegal in the United States. Even it can be considered an offense when you just leave the scene and drive away without filing a police report. No matter how minor damage your vehicle has or how minor your injury is, an accident is an accident.

3. Forgetting to Get the Other Driver’s Insurance Information

Should I get a lawyer for a minor car accident? If it comes across your mind but you can’t decide yet, be sure to collect each other’s information between drivers involved in the accident. If you finally choose to find a lawyer, at least you already have the insurance information of the other driver.

4. Not Taking Pictures of the Scene

Taking pictures of the scene is important to collect physical evidence of the accident. Try to capture the damage to all vehicles, injuries, and any property involved. You are not going to post it on social media instead, it can help you secure a payout.

Also Read:

• Car Accident Out of State Insurance: What You Should Know

Should I Hire an Attorney after a Minor Car Accident?

In most cases, it is highly recommended to get a lawyer for a minor accident. If you are injured in the accident, a car accident lawyer can provide services to help you file insurance claims and get a payout as well as navigate the process of case reviews if desired.

There are some other reasons why you should get a lawyer after a minor car crash, including:

Your Lawyer Helps Identify Recoverable Damages

When you are asking yourself “Should I get a lawyer for a minor car accident?” then tell yourself that an expert is all you need to identify any recoverable damage. Documentation is required to recover damages whether you want to file a no-fault claim or secure a payout.

The documentation that you need includes medical bills, evidence of missed income, and out-of-pocket expenses receipts. Your attorney, with their experience, will help you identify common expenses.

An Attorney Can Help with the Investigation

One of the best reasons why you should get a lawyer for a car accident is that they can help with the investigation. A professional lawyer will look into what happened to decide who is responsible, allowing them to prove liability and fault.

This investigation may include, but is not limited to interviews with witnesses, video of the accident (if any), relevant medical records, and a survey at the scene.

You May Get Hidden Injuries

Should I get a lawyer for a minor car accident? Yes, because you may get hidden, unrecognized injuries that do not show up for days after the accident. Even though you feel completely fine, you may suffer from hidden injuries like stretched ligaments or strained tendons.

If you leave the scene and do not make a report but you feel something wrong a few days after the incident, it is difficult to claim insurance and take your case to court. But with a lawyer on your side, you know what to do after an accident.

A Lawyer Helps You Deal with Unwanted Action from the Other Driver

After a minor accident, you might exchange information with the other driver, and seems like everything is okay. But it turns out that the other driver files a claim against you even though you know their claims are exaggerated.

A legal advocate helps you deal with this situation. Experience allows them to take the right action so the other driver cannot go very far with the lawsuit.

A minor car accident is still an accident. Should I get a lawyer for a minor car accident? Yes. Getting an attorney helps handle your case and navigate all the processes on your behalf so you can get insurance claims and payout easier.

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You want to be a legal assistant. And yet, you don’t have experience. You are wondering how to become a legal assistant with no experience. We are here to help. In this post, we explain the steps to take to become a legal assistant if you don’t have experience and what you need to excel in the profession.

The Role of a Legal Assistant

Before we get to “How to become a legal assistant with no experience?” let’s talk about the role first. A legal assistant plays an important role in supporting the work of legal professionals.

While a legal assistant position doesn’t require formal education beyond high school, it is not an easy job to pull off. Legal assistants must be able to communicate effectively, both verbally and in writing.

As a legal assistant, you will work with legal documents. As such, strong attention to detail is necessary. In addition, legal assistants often work on multiple cases simultaneously. Having time management and organizational skills will help a lot.

Good understanding of legal terminology and procedures is necessary as well. This is why a lot of legal assistant positions require some level of training or formal education. With the right skills and education, you can build a rewarding career as a legal assistant.

Qualifications and Requirements to Become a Legal Assistant

A legal assistant position doesn’t require formal education beyond high school. That said, having at least a two-year associate’s degree will make give you an edge in the competitive job market. Most employers that are hiring legal assistants look for candidates with such a degree.

If you don’t have an associate degree, a paralegal certificate can be a good alternative. While you may not have a degree, the certificate indicates that you have education and experience to be a legal assistant position.

Completing an internship or having relevant work experience can also make you more competitive as well. Strong communication and writing skills are necessary. So is a good understanding of legal terminology and procedures.

How to Become a Legal Assistant with No Experience

How to get a job as a legal assistant if you have no experience? Here are a few things that will help you get the position.

1. Prepare your resume

First and foremost, prepare your resume. Job hunting can be intense and harsh. Especially so if you are new in the market. You might not feel confident while writing your first resume. Don’t worry.

Everyone has attractive and appropriate abilities for practically any entry-level position. We develop them in almost everything we do. From education to training to self-study to hobbies, we are continually developing skills and abilities to draw from.

It is how you feature your skills and abilities on your resume that gets you in for an interview. So, just relax, take your time, and prepare your resume. Most legal assistants come for a job with little to no experience at all.

2. Find the best legal firms to start

It is important to find the best legal firm to work for. The good news is, there are several ways to find legal firms. For example, you can search them online using search engines. Learn about the firms and find out whether they have an opening for a legal assistant.

You can also visit the career service of your law school. A career service will help you with finding jobs. So, don’t hesitate to ask them about new jobs and the legal firms. The career service will help you learn which law offices are good and hiring legal assistants with no experience.

Going through law-related websites may help you find the best legal firms. For example, the websites of the National Association for Law Placement (NALP), Lawyerist, FindLaw, and so on.

3. Volunteer

How to become a legal assistant with no experience? Try volunteering. Taking a part as a volunteer can help you get the job. You can work as an intern or work part-time for a short period.

It is an excellent way to earn hands-on experience to start your career. In addition, you can join the fellowship programs as well.

When you are volunteering, you will gain knowledge and skills that a law degree may not give you. What’s more, when you volunteer you have the opportunity to get practical experiences.

So if you want to be a legal assistant and have no experience yet, consider volunteering. It allows you to learn about the procedures needed to start your career as a legal assistant.

4. Learn required skills

If you have no experience to apply for a legal assistant job, you should learn and develop the skills required. Like any other profession, legal assistant requires a combination of technical and soft skills.

Many technical skills, such as document management, video conferences, preparing presentations, and others, will be helpful throughout your career as a legal assistant. Knowledge of the latest legal software is necessary, too.

What matters most is the skills you have. Learn and develop your skills. It will help you get a legal assistant job and succeed in your career.

What You Need to Excel as a Legal Assistant

The following are what you need to excel as a legal assistant

1. Writing

Your work as a legal assistant will involve editing and drafting documents. If you want to excel, you need to not only have a firm grasp of the English language but also be a proficient writer.

2. Detail-oriented

Attention to detail is crucial in this area of practice. Having good attention to detail will help with accuracy in your documentation and organization.

3. Interpersonal skills

As you are dealing with people every day, you will need effective interpersonal skills.

4. Multi-tasking

Legal assistants typically have a lot on their plate. That is why having the ability to multi-task will help you excel as a legal assistant.

5. Technical skills

Some technical skills to work on computers, create presentations and videos are important, too.

Becoming a legal assistant with no experience can be difficult, but it is doable. Now that you know how to become a legal assistant with no experience, you can start preparing what is necessary.

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