Morrison Law, LLC provides the answers to frequently asked questions (FAQs) about divorce, family law and personal injury law. Please contact us by email or phone if you have questions about your specific situation. Nothing on this website should be taken as legal advice for a particular case or legal situation. The information is for information purposes only and is not intended to create an attorney-client relationship.
1Will You Work on a Contingency Fee Basis?
Contingency fees are where the attorney receives a share of the total award. In most personal injury cases in Kansas and Missouri, we will charge a contingency fee. This allows the injured party to hire a lawyer without having to front the cost of legal fees.
In a contingency fee arrangement, our legal fees will be deducted from the final settlement in your case — or from the final verdict at trial.
To the contrary, in a divorce case, attorneys are not permitted to work on a contingency basis. Attorney’s fees in divorce cases are paid on an hourly basis.
2What led you to family law and personal injury?
I started my legal career more than 15 years ago. For the first 7 years, I worked with two boutique law firms in the metro area, specializing in complex civil litigation, including personal injury, insurance defense and medical malpractice defense. I primarily represented hospitals and doctors. In 2010, I decided to open my own law practice to focus on people and their everyday problems – assisting them with injuries they sustained, or with marital and domestic issues. People like you.
3What happens to my retainer fee, and interest on my retainer?
All retainers are deposited into Morrison Law’s Interest On Lawyer Trust Account (IOLTA Account). The revenue from the interest on these accounts is used to fund civil legal services for the poor and legal programs to improve the administration of justice.
4If I want to represent myself and I decide not to hire an attorney, will the court give me some leeway since I am not a lawyer?
An unrepresented party is held to the same standards and expectations as a represented party. While the Courts are becoming more user-friendly, the Court will not likely grant you any leeway because you are representing yourself.
5I'm ready to file, what is our first step?
If we are filing a case rather than responding to one, we will draft the petition (or post-judgment motion, depending on your circumstances) and arrange to serve it on the other party. If we are responding to the other party’s petition or motion, we will file a formal written response and identify the disputed issues and undisputed issues. We may also request a hearing.
6Does it matter whether I initiate the case or my (ex) spouse does?
There may be advantages to initiating the case. For instance, it may be possible (in Kansas) to obtain temporary orders before the other party has joined the case (called ex parte orders). However, once the opposing party has been served, they have the right to request a hearing and present their side.
7How long does it take to complete a divorce?
A divorce case can take anywhere from two months to a year or more for a contested case. If you can reach agreements with your spouse on most of the terms of your divorce, the process can be quicker (sixty days, or a little more). During the case, you may need to request information and documents from the other party. There might be the necessity for one or more hearings to address issues during the case. The length of time it takes to complete the case will be impacted by the complexity of the case and the court’s docket.
8If the divorce is uncontested, do both spouses need to have a divorce attorney?
Neither party is required to have an attorney. If there is only one attorney involved, that attorney represents one of the spouses, and not both spouses (which would constitute a conflict of interest). If both parties are not represented by counsel, than a final hearing might be required to finalize the case, even if uncontested.
9If my spouse and I are getting divorce, can we share a divorce lawyer?
No. That would constitute a conflict of interest. A divorce lawyer involved in the process should provide representation and advice to only one party. Any party who chooses not to have a lawyer should not look to the other party’s lawyer for legal advice or guidance.
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5330 College Blvd.
Overland Park, Kansas 66211
(913) 322-7788 phone
(913) 735-3088 cell
(913) 322-7710 fax