Expert Advice When You Need It Most
Posted over 2 years ago. 4 helpful votes, 0 comments
1
HIRE AN EXPERIENCED ATTORNEYThis sounds like it should be obvious, but can be easy to miss. It is a mistake to think that hiring just anyone licensed to practice law is enough. As medicine has become more specialized and complex over the years, however, so has law. Your neighbor who happens to be a probate attorney may not be well-suited for your divorce case--unless he or she also has sufficient experience practicing divorce law. When choosing an attorney, don't be timid about asking how many years the attorney has been practicing the type of law that your case involves and what percentage of his or her practice involves this area. Attorneys with a greater amount of experience may have a higher hourly rate, but that does not necessarily translate to being more expensive in the long run. An experienced attorney is at times more efficient, more knowledgeable, and more skilled than their less-experienced counter-parts. This may translate to achieving better results and with lower overall fees. 2
WHEN IN DOUBT, MAKE A COPYIt is good practice to never give your one-and-only copy of anything to anyone, not even your attorney. Doing so may leave you without ready and timely access to important information or evidence. Keep a copy of everything, including every document you provide your lawyer and every document your lawyer provides you. Ask your attorney if he or she needs the originals of important evidence. If not, you keep your originals and provide him or her with complete (including fronts and back of any "small print") and full duplicates. 3
BE ORGANIZEDFamily law cases often involve the exchange of tax records, bank statements, property and title records, and many types of financial documents. Such information is needed to accurately account for values of property and debt, calculate present and future budgets of the parties, and determine child support and spousal maintenance (alimony). If asked to gather such records for your case, do your best to bring them in assembled in a logical order. If you are missing any statements or records from the time period requested, take the steps necessary to obtain copies unless your attorney has told you that is not necessary. Assume if the documents were requested, they are important and needed, and missing statements may cause problems. If you bring your financial records to your lawyer in disarray in groceries bags, your lawyer or the staff will have to spend the time organizing the documents. Such work is commonly billed "by the hour" and can quickly add up. 4
KEEP APPOINTMENTS AND MEET DEADLINESIn law, most deadlines should be considered "absolute". If your attorney asks you to attend a work session for an upcoming filing or deadline, do you very best to prioritize that meeting and its related tasks above other matters. A missed deadline can be very serious. It could result in the judge not hearing your side of the story, important evidence being excluded from consideration, and loss of vital financial and family interests. Opportunities for a "do over" are rare in law. Your attorney may at times be able to get continuances (extensions of time) for certain proceedings, but it is best not to assume such will happen. Ask your attorney to keep you informed about important deadlines and court dates. 5
TIME IS MONEYMost contested family law matters are billed at an hourly rate for the work done. Each family law case is unique, and is typically not well-suited for a flat fee because it is not known how many hours will ultimately be required to resolve the issues and address all variables. For this reason, it is a good idea to keep in mind that whenever your attorney is working on your case, he or she is most likely "on the clock." This typically includes phone calls you make to discuss case issues, reading and responding to email, communicating with witnesses and the opposing attorney, preparing paperwork, and time spent in relation to court hearings. The more efficient you are when communicating with your attorney or in your demands for time, the more efficient your attorney will be. This translates to fewer hours being required to accomplish tasks, and accordingly, fewer hours needed to be billed to your case. 6
USE YOUR LAWYER FOR LAW, NOT THERAPYThis rule is related to step five, but deserves its own special mention due to confusion about what are and are not "case issues." Call and email your attorney to communicate important information, but avoid using your attorney simply to vent. It may be hard to differentiate between what is important to pass on, but a good rule of thumb is to ask yourself if the problem is realistically something your attorney can resolve for you. For example, do contact your attorney if you suddenly learn your spouse has canceled the family's health insurance or emptied the bank account. However, your attorney is likely unable to resolve why the other party is not a better parent, doesn't listen, or address matters related to blaming and fault. A good family therapist for the parties and children costs less per hour and is actually qualified to work on "relationship" issues. Your attorney is not unsympathetic, simply too expensive and was not hired to address those problems. 7
KEEP YOUR FINANCIAL AGREEMENTSYour attorney's ability to advance your litigation is very likely related to your ability to fund your case. Handling any type of legal case, especially including multi-issue family law cases, is an expensive commitment for the lawyer to take on. An advance fee deposit (or retainer) is typically necessary from the client to launch the case. Read your billing statements when they arrive. They report not only what you have been billed for but also show the case progress. Call your attorney if you need more information. Timely make any payments. If you have unexpected financial circumstances, do not ignore bills and avoid the situation until it becomes a large problem. Instead, contact your attorney immediately to discuss possible financial alternatives, strategies, or sources. You want your attorney focused on your case issues, not worrying about whether the fees and costs will be paid. 8
KEEPING SECRETS FROM YOUR LAWYER CAN BE COSTLYWe all know it is unsafe to keep medical conditions or allergies a secret from our physician. But embarrassment or other motives may cause clients to keep secrets from their attorney. This can be costly. If you have knowledge of negative aspects of your case or possible weaknesses in your position, it is essential that your attorney be informed and prepared. Answer any questions you are asked truthfully. Avoid self-editing out information you think your attorney "doesn't need to know." An undisclosed secret kept from your legal team can possibly be exploited by the other side later on and increase fees dramatically. An informed attorney, however, may be able to prevent expensive problems for you if alerted to weaknesses. A good attorney will keep your confidences and advise you as to what information needs to be disclosed or handled with care. 9
DON'T DISCUSS THINGS WITH THE OTHER SIDEOnce a family (or business) relationship has deteriorated to the point where lawyers are involved and a lawsuit commenced, it is time to stop talking to the other side. This is easier said than done. We believe people can be reasoned with and in our own power to persuade. I often tell clients, "We will never convince the other side of the rightness of our position." Talking with your soon-to-be ex or the other parent in a contested matter is the fastest way to burn through your attorneys fees. You talk, then the lawyers talk. Then the letters and calls ensue. Self-negotiation attempts can seriously undercut your attorney's power to broker a good deal for you as well as inadvertently providing the other side with information better kept secret. An experienced attorney has handled communication in and negotiated hundreds of cases. Leave the talking to your lawyer. It will save you money in the end. 10
MATCH REALISTIC FINANCIAL LIMITATIONS WITH REALISTIC LITIGATION GOALSPick your battles. Not every issue in your case is a deal breaker or needs the same priority. A client once asked, "Are you aggressive?" My then-partner on the case bluntly responded, "We can be as aggressive as you can afford." Attorneys are by trade, hired advocates. Most people cannot afford to have every issue in their case advocated to the fullest extent of the law without regard to their cost-effectiveness. Avoid money-eating battles in divorce cases such as washer/dryer wars, who-gets-the-blue-china, and make-dad-be-on-time-for-visitation fights. Work with your attorney to determine what goals are possible both legally, and financially, given your circumstances. Related Questions2 Attorney answers: 
Asked by a user in Denver, CO - over 1 year ago. 1 Attorney answers: 
Asked by a user in Othello, WA - 18 days ago. 1 Attorney answers: 
Asked by a user in East Hartford, CT - about 1 year ago. Find Nursing Home Abuse LawyersRelated Searches |
