September 2019

High Swartz | September 30, 2019

Mark R. Fischer, Jr. Elected Partner at High Swartz

High Swartz is pleased to announce that Mark R. Fischer, Jr. has been elected a partner at the law firm.

Mark R. Fischer, Jr. joined High Swartz in 2009 and has focused his practice primarily on representing businesses in breach of contract, payment collection, construction defect, and consumer protection disputes throughout Pennsylvania and New Jersey.

“We are pleased to welcome Mark as the newest partner at High Swartz” said High Swartz Managing Partner Joel D. Rosen. “ His hard work and dedication to his clients and the firm make this a well-deserved achievement. It’s my pleasure to personally congratulate Mark and look forward to his continued growth at High Swartz.”

Mark also represents local municipalities, property owners, and individuals in zoning and land development matters, local code enforcement proceedings, real estate disputes, business transactions, and general civil litigation. Mark has significant experience in both the Pennsylvania and New Jersey Courts.

Mark grew up in Lower Bucks County and now lives in Montgomery County with his wife and three children. He attended college at Widener University and obtained his law degree from Villanova University. He has been recognized by Super Lawyers as a top-rated civil litigation attorney and serves as Chair of the Montgomery County Law Reporter Committee.

“Over the years here at High Swartz, I’ve developed great relationships with my fellow attorneys and our staff, and I really appreciate all that they have done to help me get to this point in my legal career” states Mark Fischer. “This is truly a wonderful place to practice law and I am honored to become a partner at this fine law firm.”

High Swartz | September 18, 2019

Nothing is More Expensive than Hiring a Cheap Divorce Lawyer

While it's tempting to go with a cheap divorce lawyer who can get it done as quickly and as inexpensive as possible, it’s important to understand the associated risks so that you can be smart with how you spend your legal dollars.

Searching online for a cheap divorce lawyer yields hundreds of results, which is not surprising. Those who have come to the likely difficult decision to divorce do not want to spend their savings dissolving the marriage. Below I break down how hiring an experienced divorce lawyer with a higher hourly rate can save you time in money in the long run.

More Experience. A family lawyer’s hourly rate is often commensurate with the level of experience and skill that he or she can bring to a case. This means the cheap divorce lawyer may only be able to provide basic legal advice which could cause you to miss angles and actions that could help your case. While the hourly rate for a more experienced family law attorney might be higher, top divorce lawyers have the expertise to reach better financial terms for you in the separation.

More attentive to your needs. Cheap divorce lawyers often need to take on more clients to reach their revenue goals. Too many cases at once can lead to disorganization and the inability to analyze the pros and cons of decisions as they relate to your case. This also means the cheap divorce won’t be able to provide you with the attention you deserve, as they will be busily balancing communications with other clients.

A top family lawyer has handled many divorce cases before. They will be able to anticipate actions you should take and quickly provide the right advice. The result: more effective attorney-client communication leading to less communication overall, and fewer hours you are billed.

Fewer clients mean more focus. In contrast, some family law attorneys may be cheap because they’re desperately trying to attract clients. If no one else is willing to work with an attorney, you probably don’t want to work with them either - especially in divorce matters. Divorce is personal and emotional. It’s important that you can be open, truthful, and trusting of your divorce lawyer. The ability to work well together and tell your family lawyer personal information may increase your ability to build a strong case and achieve a better outcome. This is one situation where trust is surely worth the price.

Paralegals and associate attorney aid. Typically, there is a team of professionals behind an experienced attorney. The best divorce lawyer helps clients spend their money strategically by assigning portions of the casework to an associate with a lower hourly rate. This gives the client the benefit of the lower hourly rate with the guidance and oversight of an experienced attorney.

Achieve the best results. Perhaps most importantly, the best divorce lawyers usually get the best results. The best lawyer is likely going to have a higher hourly rate but you shouldn’t automatically disregard that “higher-priced” attorney. Paying a higher cost on an hourly basis could actually save you a lot of money over time. Experienced divorce lawyers are likely to be more efficient, and therefore can achieve success on your case while spending less time on it. Thus the client is only paying a fraction of the hourly rate when compared to the expense they may incur getting the cheaper divorce lawyer more up to speed.

A cheap divorce lawyer isn’t always the best or most cost-effective solution. When you add up the sum of what you received in terms of experience, attention, communication, efficiency, and results, the small number becomes a big negative that can quickly impact the outcome of the divorce terms and proceedings.

Kevin Cornish | September 4, 2019

Can a Landlord Evict a Tenant for Late Rent?

In Pennsylvania, it's a landlord's right to file an order for possession in Magisterial District Court if a tenant fails to make timely rental payments.

Once a landlord receives an eviction judgment from the court, and no appeal is filed, the landlord has the right to request an order for possession of the property from the Court. An order for possession gives a sheriff or constable the right to evict a tenant from the leased property. However, a landlord may be faced with a tenant who wants to make payment of the judgment before the eviction.

Tenants in Pennsylvania have the right to pay and stay under the Landlord Tenant Act. 68 P.S. § 250.503(c). This means that a tenant can make payment up to the actual time of the eviction and remain in the property. The landlord would not be permitted to proceed with an eviction. But what amount must the tenant pay? And what amount must a tenant pay if additional rent came due after the date of the judgment?

What amount does the tenant have to pay to stay in the property?

The Landlord Tenant Act requires a tenant to pay “rent actually in arrears and the costs.” 68 P.S. § 250.503(c). This means that the tenant must pay the judgment amount plus the landlord’s costs in obtaining a court order for possession.

How much does the tenant pay if additional rent was due after the date of the court judgment?

In a situation when additional rent comes due after the judgment, a landlord may think that the tenant would also have to pay such additional amounts to remain in the property. However, this is not correct. A tenant is required to only pay the amount of the judgment plus costs, even if additional rent comes due after the judgment and before the eviction. Therefore, a landlord may be faced with a situation in which a tenant pays the outstanding judgment, but is still delinquent in rent. The landlord must then proceed from the beginning with another lawsuit in Magisterial District Court to obtain a judgment and order for possession.

High Swartz LLP real estate attorneys continue a long tradition of handling all aspects of real estate transactions. This work includes the protection of the interests of landowners, buyers and sellers of land, municipalities and developers. This work is a vital area of the firm’s practice, which is situated in the dynamic Greater Philadelphia handling real estate transactions in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia.

If you have any questions about Real Estate law, please contact Kevin Cornish at 610-275-0700 or kcornish@highswartz.com. Our attorneys in Bucks County and Montgomery County are here to assist you.

The information above is general: we recommend that you consult an attorney regarding your specific circumstances. The content of this information is not meant to be considered as legal advice or a substitute for legal representation.