FAQs 

While we acknowledge the potential frustration with answering services, we emphasize the practicality and effectiveness of our system. The answering service is necessary to manage our high call volumes, and enables immediate scheduling of free phone consultations, eliminating uncertainties about callback times. With a written record of calls via email, the answering service ensures clarity on client concerns. Calls regarding payments are directed to the billing office, and court-related calls go to the front office for convenient scheduling. We assure a response within two business days, however, keep in mind that email is our preferred communication method.

Case evaluations are completely free. Call Lion Legal today at (501) 227-7627 or email us to set up a free consultation.

Lawyers are not therapists, and effective communication with them entails focusing on factual aspects of the case rather than emotions, as the law is primarily concerned with objective analysis. Attorneys charge for their time, so clients should be mindful of the expense incurred by lengthy discussions centered on emotions. Providing written summaries of relevant facts can streamline communication and prevent misunderstandings. Journaling is essential, especially in prolonged cases, to track critical details efficiently and minimize costs associated with excessive communication. While emergencies warrant immediate attention, routine matters are best addressed through structured email communication to outline next steps and expectations.

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Email is the preferred communication method for Lion Legal due to its efficiency, allowing timely responses and flexibility in scheduling. It enables clients to revisit information, provides a written record for clarity, and aligns with our firm’s use of an answering service, preventing direct calls to the office. Our firm is committed to efficient and effective communication, ensuring clients understand the legal process and the cost-benefit analysis of their options. We promise to indicate the next communication date, respond within two business days, and meet deadlines. Critical decision points may involve scheduled phone calls or in-person meetings, as these discussions are deemed unsuitable for email. We urge clients to check their email, consolidate questions, allow two business days for responses, and inform us promptly if scheduled appointments are inconvenient. Decision-makers should be included in communications, and if a phone call is needed, clients are encouraged to email in advance for proper preparation. Proactive communication helps to avoid frustration, so express your needs clearly.

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You can expect clear communication, which is essential in legal representation. Our focus is on keeping clients informed and involved in decision-making processes. Lawyers should prioritize understanding clients’ goals, providing realistic expectations, and controlling costs throughout the legal process. Lion Legal is transparent, predictable and upfront, offering expertise, advice, and timely updates without consultation fees. Clients can expect accessible assistance, accurate case predictions, and honest assessments of the value of legal services, ensuring a practical and efficient client experience from start to finish.

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Intake is a fact-gathering meeting. You provide as much information as possible, sign the client agreement, and make your payment. Within three days of completing your intake, you will receive a welcome email from one of the initial attorneys in your division who is reviewing the file and developing the initial legal strategy customized to your matter. This email welcomes you as a client, and confirms again what you’ve hired us to do, specific timelines, additional information we need, what you should be doing in the meantime, and when you’ll hear from us again.

A welcome phone call is scheduled within a week or so, depending on the type of legal issue and timeline of your case, to discuss your matter further. This is where we will discuss the initial legal strategy, and set reasonable expectations and timelines for the work we are doing for you. The time between the welcome email and the phone call allows the attorney to fully review your intake and determine strategy.

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Clients are encouraged to document everything related to their case, including dates, times, texts, emails, and incidents, providing crucial evidence for our attorneys. This documentation is essential for contested hearings and ensures a detailed account of events. Clients are urged to make decisions based on the judge or jury’s perspective, particularly in custody cases, focusing on the best interests of the children.

Conversely, we advise clients against certain behaviors, such as posting on social media, engaging in romantic relationships during custody battles, partying, or getting arrested. It is important to be cautious about online posts and maintaining a low-key lifestyle to avoid potential negative consequences in legal proceedings.

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The second stage of litigation comes into play when a case hasn’t settled, and additional legal services are required. This stage is diverse, involving various services based on the case’s unique needs. Lion Legal collaborates with clients to strategize the best approach, considering available legal options to move the case forward. Sometimes, external factors or actions initiated by the opposing party may dictate the need for the second stage. This stage may be essential when information is lacking or untrustworthy, or when preliminary decisions by a judge are necessary. In cases involving children, this stage might involve appointing an Attorney Ad Litem. If the case progresses beyond the first stage, clients receive detailed communication explaining the specific second stage service and its purpose. The most common service in this stage is Formal Discovery, encompassing written exchanges and verbal depositions.

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Approximately 60% of cases settle in the First Stage of litigation. When negotiations reach an impasse, the next step often involves engaging in the formal discovery process. Formal Written Discovery, which includes written questions and document requests, is a crucial yet time-consuming phase aimed at gathering evidence for a final trial. One round of formal discovery includes up to 100 questions/demands for both the client and the opposing party. The options for formal written discovery include interrogatories, requests for production of documents, subpoenas, and requests for admissions. Discovery may lead to disputes, and if unresolved, additional fees apply for filing motions.

Apart from formal written discovery, there are other types of discovery, specifically depositions, which are conducted on a case-by-case basis.

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Preparation constitutes 90% of courtroom success. Lion Legal automatically schedules a preparation appointment approximately two weeks before any court appearance, ensuring thorough readiness. While in-person meetings are preferred, clients have the option of a zoom or phone preparation appointment. The timing, typically two weeks before court, strikes a balance for effective preparation without the risk of forgetting strategies or testimonies. During the preparation appointment, critical elements are addressed, including narrowing the issues, finalizing the case theory, determining witness details, practicing client testimony, reviewing legal standards, and discussing settlement negotiations. These appointments are deemed crucial for achieving a successful outcome, and instilling confidence in clients about the preparedness for court proceedings.

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To expedite resolution while progressing through the lengthy discovery process, we can schedule a temporary hearing. This brief hearing swiftly brings issues requiring immediate attention before a judge on a temporary basis. Decisions made during temporary hearings are not final and are subject to change at a subsequent final hearing where comprehensive evidence and arguments are presented. Temporary hearings commonly address matters like visitation, custody, child support, and financial responsibilities until the final trial. Despite their temporary nature, it is crucial to adhere to the judge’s orders from these hearings, as compliance enhances the chances of success in the final trial or case settlement.

A rebuttable presumption is a legal assumption that influences the burden of proof, requiring a judge to initially reach a certain conclusion unless later convinced otherwise by presented evidence. For example: In first-time divorce or paternity cases in Arkansas, the law presumes joint custody is in the best interest of the child. To rebut this presumption, a party must present clear and convincing evidence supporting a different conclusion, making the process more complex. The higher standard of proof requires evidence convincing the judge with reasonable certainty.

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The duration of a divorce in Arkansas varies based on the complexity of the case. Uncontested divorces, which involve no children, real property, or personal property division, may take around 45-60 days if everyone is agreeable, with a legal requirement of at least one month. However, truly uncontested cases are rare. More complicated divorces, including issues like custody, support, financial matters, or disagreements over property division, can extend the process to 90-120 days. Complex divorces may take 12-18 months, considering negotiations, delays in obtaining signatures, and the time required for service. The cost of a divorce depends on the issues under consideration; while a divorce can be obtained with just a filing fee, legal guidance is valuable for ensuring correct paperwork and preventing future complications, making it an essential investment even in relatively uncontested cases.

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The issue of who pays for a divorce is a common concern among clients, but the expectation that one’s spouse will cover the attorney’s fees is unlikely to be met. Although court documents routinely request the other party to pay for attorney’s fees, it is not a standard outcome. Judges have the authority to order one side to cover the other’s attorney’s fees, but such decisions are infrequent and depend on the behavior of the parties during the divorce proceedings. Frivolous demands, unfounded allegations, or unreasonable conduct may lead to a judge ordering one party to pay the other’s attorney’s fees. Divorce lawyers cannot operate on a contingency fee basis, and the divorce process is intended to be equitable, with fees paid up front by clients. While exceptions may occur, such as in cases of long marriages where one party controls assets and refuses to share, expecting reimbursement from the other side for attorney’s fees is rare, leaving clients largely responsible for covering their own legal expenses in divorces.

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When considering leaving a spouse, the primary concern should be the safety of oneself and any children involved. In cases of domestic abuse, especially when the victim is pregnant or recently gave birth, special attention is required by us to address emotional impacts on decision-making. The priority is to swiftly guide the victim to safety, while considering long-term implications for future divorce or custody cases. Orders of Protection in Arkansas, though procedurally easy to obtain, must not be misused, as they can have significant legal consequences, affecting background checks, firearm possession, and overall livelihood. Victims are cautioned against manipulative use of protection orders, as it can impact divorce or custody battles negatively. The burden is on the victim to prove the necessity of a permanent protection order, and the judge hearing the protection order issue may also preside over related domestic cases.

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A QDRO, or Qualified Domestic Relations Order, is a legal instrument used to divide retirement accounts during a divorce. Since retirement accounts are tax-deferred, withdrawing money from them before the retirement age results in significant tax consequences. Regular division, without a QDRO, can incur a substantial tax penalty on the account holder. Different types of retirement accounts exist, each associated with specific investment companies and often subject to unique considerations based on employment, such as railroad retirement or state employee plans. The jurisdiction of the divorce court is limited to the spouses involved and does not extend to the retirement account investment companies. Consequently, the court cannot dictate the procedures or forms used by these companies. Drafting and obtaining approval for a QDRO can be complex and time-consuming, causing many attorneys to avoid handling them. Lion Legal, however, provides QDRO services separately from divorce proceedings, guiding clients through the process to ensure proper division and avoid tax penalties. 

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During divorce proceedings, assets are divided into both intangible assets such as bank accounts, retirement accounts, and investment accounts, as well as tangible high-value assets like cars, ATVs, motorcycles, boats, and trailers, all indicated by titles. In marriage, regardless of individual ownership, assets acquired during the union or commingled with marital assets are considered marital property, subject to equitable division. A standing restraining order is typically issued during divorce filings, preventing any party from disposing of assets to avoid sharing them. Asset division aims for an equitable analysis, not a per-asset basis, ensuring both parties leave with approximately equal asset values. Special considerations, especially for assets like retirement accounts, may add complexity and costs to divorce proceedings. At Lion Legal, we aim to guide a fair asset division while minimizing unnecessary expenses. Reasonableness is key in dividing assets, with both parties ideally receiving around 50% of marital assets, considering various factors like marriage length, age, health, occupation, income, skills, and contributions. Inheritances are usually not considered marital assets unless co-mingled with others. Attempts to shield assets by placing them in someone else’s name may complicate the division. Asset division is intricate, requiring legal guidance for a positive and fair outcome in divorce. Preparing for the process involves creating a comprehensive list of all marital assets, irrespective of ownership.

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Personal property encompasses items that are not real estate, ranging from significant assets like cars, mobile homes, and valuable collections, to smaller items like furniture, silverware, and appliances. When it comes to divorce, personal property disputes often become a significant financial burden. We suggest avoiding unnecessary conflicts over replaceable items. Emotional energy should be directed towards more crucial matters like custody, support, and property division. Focus on major issues during divorce proceedings, leaving behind petty disputes to ensure a smoother and less costly process. An exception is made for items of sentimental value, which we advise taking when leaving to avoid potential destruction or denial by the other spouse. 

Dividing real property in an Arkansas divorce involves analyzing two types: the marital home and investment property. The process entails evaluating joint property, factoring in the equity and mortgage on the home, and determining an equitable division. Whether acquired before or during the marriage, the home is typically considered marital property. The decision to sell or keep the property becomes complex, especially when children are involved, raising questions about affordability, necessary repairs, and potential financial responsibilities. The scenario is further complicated when both spouses are on the mortgage, requiring careful consideration to release one party from financial obligations. It’s important to seek legal advice, as dividing real property involves intricate considerations beyond a simple asset-by-asset settlement. There are potential pitfalls to leaving property division decisions to a judge, who may opt for a forced sale at a considerable loss.

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Covenant marriage in Arkansas carries special legal implications, and determining whether a marriage falls under this category is crucial, as the divorce process is more intricate for covenant marriages. Arkansas is among the few states allowing covenant marriages, characterized by additional marriage contract terms that make divorce more challenging. Despite emotional and religious benefits, there are no legal or financial advantages to covenant marriage. Our recommendation is against opting for covenant marriage to avoid potential complications in case of divorce. To end a covenant marriage, one must meet regular divorce requirements, attend marriage counseling, and satisfy more limited grounds, such as adultery, felony conviction, or abuse. The extended separation requirements in covenant marriage may complicate child support, custody, and visitation matters. However, legal assistance during the separation period can help navigate these complexities, and despite the increased difficulty, a divorce from a covenant marriage is possible with guidance and support.

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In child custody cases, whether arising from divorce, a custody modification, or paternity, the judge follows the best interest standard to determine custody based solely on the welfare and best interest of the child, prioritizing the child’s well-being over the parents’ interests. Various factors come into play, including each parent’s ability to provide a stable home, moral fitness, past and current relationship with the child, fostering positive relationships between the child and the other parent, history of substance abuse or domestic violence, and the child’s preferences. While each case is unique, certain factors may be considered case-specific. Notably, a person’s gender is not relevant, and the judge cannot presume it’s in the child’s best interest to stay with the primary caretaker or award custody based solely on financial differences between parents.

In divorce cases in Arkansas, a judge may order alimony, or spousal support, to be paid by one spouse to the other. Alimony can be obtained through mutual agreement or if a judge deems it reasonable based on the circumstances. It must be specifically requested and justified to the judge. Alimony is often awarded when there’s an imbalance in earning power and living standards, especially if one spouse was the stay-at-home partner. Factors considered by judges include each spouse’s financial situation, contributions to the marriage, fault in ending the relationship, age, health, and the length of the marriage. Alimony can be temporary or rehabilitative, aimed at helping the lower-earning spouse become self-supporting. It typically ends on a court-specified date, upon remarriage or death of the recipient, or if the recipient establishes a new relationship considered equivalent to marriage. The person seeking alimony must formally request it during the divorce proceedings and present evidence to support the claim, with alimony being subject to termination based on changed circumstances post-divorce.

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In the past, calculating child support in Arkansas was straightforward, primarily considering the income of the noncustodial parent. Now, under the new child support law, both parents’ incomes are taken into account, assuming the child spends fewer than 141 days per year with the paying parent. The total basic support obligation is determined by combining the parents’ gross monthly income. As an example, if the paying parent (Dad) earns $1,500, and the receiving parent (Mom) earns $1,000, with a combined income of $2,500, the basic support obligation is $396. Each parent’s proportional obligation is then calculated based on their percentage of the combined income. In this example, Dad pays 60% ($248), and Mom pays 40% ($158), which the child receives by living with Mom. Additional child-rearing expenses, such as health insurance or childcare, can further adjust the child support amount.

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When facing custody disputes in Arkansas, the emotional intensity may prompt a desire for an immediate resolution, but it’s crucial to assess whether the situation genuinely qualifies as an emergency before taking it to court. The new child custody law in Arkansas allows a fast-track process for true emergencies, but it requires careful consideration of what the judge deems an emergency. Judges, experienced in handling numerous custody cases, may not perceive every situation as an emergency. Abusing the emergency process can result in short-term victories but long-term consequences, as it may anger the judge and undermine your credibility. Categories of custody issues include those not worth pursuing, legitimate issues requiring attention on a normal timeline, and true emergencies necessitating immediate judicial action. True emergencies involve circumstances where the health, safety, and welfare of the children are in immediate and real danger, such as a parent involved in illicit drug use, arrests, or suspected abuse, prompting the judge to take serious consideration.

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Drinking and driving is a risky decision that should be avoided at all costs. If faced with a situation involving law enforcement, it is crucial to remain calm, polite, and cooperative, refraining from arguing or providing unnecessary information, as actions and words are recorded and scrutinized. Avoid admitting to drinking and, if asked to participate in field sobriety tests, carefully consider whether to comply, as these tests are designed for difficulty. Arkansas DWI laws are stringent, leaving little room for negotiation, and individuals arrested for drunk driving must decide whether to plead to a DWI conviction or go to trial. When facing a blood alcohol test, refusal may be a strategic choice, as it makes proving DWI more challenging, although it results in a six-month automatic driver’s license suspension. Additionally, both driving under the influence (DUI) and boating under the influence (BUI) are serious offenses in Arkansas, with potential consequences including fines, license loss, and jail time. It is advised to never give a statement to the police when arrested and to request legal representation. Lion Legal is ready to assist at every step, ensuring proper procedures and processes are followed in the legal proceedings.

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For a regular traffic ticket, hiring a lawyer may not be necessary so long as you maintain a respectful demeanor during the interaction with the officer, and were not involved in extreme speeding. Negotiating a favorable deal, such as a reduction to a non-moving violation that doesn’t impact your record or insurance rates, is often possible for first or second offenses without legal representation. However, for Commercial Driver’s License (CDL) holders in Arkansas, legal assistance is recommended as the law prohibits prosecutors from reducing or dismissing traffic citations for CDL holders, even if the offense occurred in a personal vehicle. In CDL cases, aggressive defense is essential to avoid points on the license and potential negative effects on employment and insurance rates.

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In the legal system, the “burden of proof” is a crucial concept that varies across different types of cases. In civil cases, where one individual sues another, the standard is a “preponderance of the evidence,” meaning the party with the burden must present enough evidence to show it is more likely than not that their claims are true. Some civil cases, particularly those involving weighty matters like custody, demand a higher burden known as “clear and convincing evidence,” requiring clarity and directness in proving the case. Criminal cases, involving government accusations of breaking the law, carry the highest burden of proof – “beyond a reasonable doubt.” In criminal cases, the accused is presumed innocent unless the government proves guilt to a near certainty. The burden of proof ultimately determines case outcomes, with the party meeting the burden prevailing, while insufficient evidence results in defeat. Importantly, the burden of proof does not change when an individual represents themselves. Anyone who represents themselves in a legal matter is presumed to understand how the burden of proof works, and is held to that same standard.

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When a parent is in a nursing home and receives Medicaid, the home cannot be taken by Medicaid during the parent’s lifetime. However, after the parent passes away, Medicaid can file a claim in the person’s probate case to seek repayment for the full amount of nursing costs it paid. Medicaid’s recovery right is limited to filing a claim for repayment, and it cannot take possession of the person’s home while they are living. The recovery claim may lead to a judge ordering the sale of the home to pay the debts of the estate, including Medicaid’s claim. There are circumstances, such as having a surviving spouse, a child aged 21 or younger, or a blind or disabled child, where Medicaid may waive its claim. However, avoiding repayment by not opening a decedent’s estate is unlikely, as Medicaid’s right to recover is well established under both state and federal law.

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If you or a family member receives Medicaid and is injured or killed by another person, resulting in medical expenses covered by Medicaid, the settlement from your case may not be entirely at your discretion. Medicaid, protected by both Arkansas and federal law, has a legal claim for reimbursement if it paid for your treatment. Even if you settle the case outside of court, Medicaid can seek repayment from the other party or your settlement proceeds. The law allows Medicaid to force you or your attorney to pay its claim, with settlement agreements typically containing language confirming your commitment to satisfying Medicaid’s claim from the settlement funds. The amount Medicaid can take from the settlement is not explicitly defined, providing room for negotiation. Factors such as the percentage of medical treatment covered by Medicaid, the status of the injured party (e.g., minor or deceased), and the allocation of settlement for future damages can influence arguments for reducing Medicaid’s claim. While Medicaid’s right to recover is established, the specifics of your case may support a potential reduction in Medicaid’s claim.

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A discharge is the primary reason why people file a bankruptcy case. Upon the successful completion of a bankruptcy, you will receive a “discharge” of your debts. This prevents creditors from ever trying to collect the debt again. 

There are certain types of debt that are not usually discharged, and some types of debt for which the discharge has only a partial impact. There are, of course, other reasons to file a bankruptcy, such as the opportunity to catch up payment on secured debts, but discharge is the primary “reward” for filing.

Discharge prevents creditors from collecting, but it does not prevent you from voluntarily repaying the debt if you so choose. Discharge binds the creditor, not you.

Typically, although circumstances may vary, all credit card debt, medical bills, service contracts, taxes over three years old (subject to circumstance and nature of tax debt), and most other forms of unsecured debt are discharged by a bankruptcy.  You can also discharge secured debts, such as vehicle debt, home debt and other debt for property purchased, if you are willing to surrender the property.

You cannot keep a home or car without paying for it. A bankruptcy discharge only discharges you of debt for property that you are not keeping. Of course, your individual circumstance and the facts of your case may have an impact on this information.

The primary debts that are not discharged that affect many people are debts for child support, alimony, taxes that are less than 3 years old, and student loans. 

Other types of debt can be non-dischargeable as well. The facts of each case vary and you will need to consult with a qualified, experienced attorney to be certain.

The calls will stop shortly after a bankruptcy case is officially filed. Given the extensive documentation needed to file bankruptcy pursuant to the law changes enacted in 2005, the process can take anywhere from 1 day to 2 weeks, depending on how prepared you are to file and how quickly you do what we ask you to do. Our authority to stop these calls comes from the Federal District Court in which your case is filed, and the authority given by the United States Bankruptcy Code.

When a bankruptcy is filed, the Court imposes an “automatic stay” upon collection activities. A stay makes a creditor stop in their tracks, and any and all further collection action must pass through the bankruptcy Courts, if the action will be allowed at all. The ringing phone will usually grow silent within a matter of days of the filing, because the Court will notify the creditors that further collection activities may result in large fines.