Estes-Hightower PLLC
02/02/2023
The more you pay a Sports Trainer represents how much more that Sports Trainer will whip you into shape. The higher cost of training will represent the more it will cause you to burn in calories. It's funny because the more a customer complains about intense physical training results in more training intensity. Why? Because when you complain it represents your lack of knowledge and effort that it takes to get your body lean and tone. Once you stop complaining and do the work, then you start to understand the process. First, you learn by doing the work how the body reacts. Second, you learn that the more you complain, then the harder you train.
Folks, that is the same when hiring an Attorney. The higher the retainer amount that you pay an Attorney should represent how much more the Attorney will whip you into shape. It is not uncommon for clients to pay beyond average Attorney fees and want to sit back and expect the Attorney to simply make it happen. Those are the clients who will inevitably waste money. The more you pay an Attorney represents how much more you have to be involved with your case. Just like the Sports Trainer yells and expects you to do as instructed. A highly paid Attorney, who may or may not yell, expects you to do as advised. Just like the Sports Trainer who pushes you harder when you complain is what you can expect when you complain to an Attorney.
If you complain to an Attorney that "I'm not an Attorney or I don't know the law," in response to an Attorney who presents you with something you have to do on a case, then that Attorney must work with you more and with more intensity. When hiring an Attorney for litigation you must anticipate one day sitting on a witness stand. If you are sitting on a witness stand and thinking I'm not an Attorney and don't know the law, then you will do horribly on the witness stand.
I typically tell clients that after the initial consultation that every conversation thereafter needs to be received as if you were asked a question on the witness stand. Thus, you must respond as if you are on the stand. Why? First, talking in court takes skill and as a client you will need as much time as possible to learn the skill of in-court communication. Second, you never know how Opposing Counsel will rake you over the coals on cross examination. So, you must know your case strategy through and through. It takes time to learn. You must understand the changes and dynamics happen quickly and you must adjust to the transitions. And, that learning needs to begin as soon as possible.
You must take the weeks and months that you have with your Attorney and work hard to understand why you have to produce a particular document or read everything that the other side produces during the discovery period. If you ask questions and start to show progress in understanding particular legal steps, then the more the Attorney's efforts will be realized. It is rare that a Sports Trainer will provide you with a written manual on the steps of physical training. You learn how to get physically fit by doing as the Sports Trainer instructs. And, the epiphany just happens and you understand. You may even begin doing your own independent learning.
A Sports Trainer or any professional will get annoyed at a customer who needs the extra work because in between sessions the customer does not self improve. And, yes you will find a Sports Trainer will not always be at your beck and call. However, the Sports Trainer's instructions must be heeded even when the Sports Trainer is not around. Otherwise, you can expect to work even harder because you binged snack foods over the weekend when instructed on how to eat two weeks before. Equally so, an Attorney may not answer every call, but the Attorney is required to respond as soon as available. Yet, in between sessions, an Attorney doesn't want a client to lose ground. Set and meet scheduled appointments with your Attorney and be prepared to work and continue the work outside of the Attorney's presence.
In the end, please don't think the more you pay means the less you should participate. Also, please know that the less you understand, then the more intensity is needed to increase your understanding. Lastly, the less you participate in things that apply to you, then it will influence how poorly you will do in the end.
01/07/2023
In many Texas family courts, you must attend mediation shortly after filing the case. Or, you must attend mediation before arguing in a hearing for temporary orders if your case is not entirely new, but it's still a long way from trial. (Temporary Orders result when cases are not ready for trial but need interim relief.) So, let's say you have an urgent matter and you want to go before the Judge. Despite your sense of urgency, the family court Judge likely will still require mediation. In some extremely urgent matters, a Judge may hear the case without mediation. However, most interim matters require mediation. Mediation for temporary orders does not mean the courts want you to agree to anything or everything in mediation. Look, you filed a case and you want to be heard, but the reality is you need to take a number. THE FAMILY COURTS ARE BACKLOGGED!! Instead of getting "Take a Number" instead you get mediation. Your case cannot automatically jump to the head of a long line of cases before yours. The family courts are not insensitive, just overwhelmed. If the case can resolve interim issues at mediation, then great. You are never required to agree or settle. You are only required to attend mediation and negotiate in good faith. When a mediation agreement is not reached, then you request a court date and keep the case moving. (This is similar to final mediations for final trial.)
06/29/2020
Estate planning is about your legacy. Now is the time to set up your Will or Trust. If you're not sure, we offer low cost Attorney phone consultations to further advise you.
06/26/2020
We absolutely handle Living Trusts!
06/11/2020
Congratulations to the 2020 college graduates. Here are tested truths and some sage advice. Keep striving!
Graduating from college during the pandemic? These business titans have some advice for you Graduating from college can be confusing and challenging in the best of times, not to mention a post-COVID-19 world.
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5718 Westheimer Road Suite 1000
Houston, TX
77057