How To Choose A Family Law Attorney

By: jgarnera

If you find yourself in the (probably unfortunate) position of having to talk to a Family Law Attorney, you are faced with a question of how to intelligently choose the appropriate attorney. You’re going to be looking to someone who is a good match to you, personality and style-wise, as well as someone who is both honest and competent. You’re also going to be interested in someone who is well-regarded in his local community, and has good, regular, and ongoing relationships with the local Judges and Court officials.
The first question to ask it what is the purpose of the consultation with an attorney. If you know you need to actually hire an attorney to represent you, in pending divorce, custody, or support proceedings, your process of choice will be different than if your initial intention is just to seek advice by means of a consultation.
There may be a number of reasons why you think you need some legal advice from a Family Law attorney. You may want to discuss the possibility or probability of seeking a modification of an existing Order or Judgment regarding child custody, child support, or spousal support. You also may simply want to do some planning, and to learn your legal rights and probable responsibilities, in the event you decide to seek a legal separation or divorce, or to address other Family Law issues, including those of custody and support. Property issues are another area of inquiry on which you may want initial advice.
There are other issues which may arise which may lead you to believe that you initially need only a consultation or some advice from a Family Law Attorney. These could be situations of custody issues which involve “move-aways”, or possible moves by either parent, changes of job or income, and other issues related to sharing custody of a child.
If your initial determination is that you need a consultation only, there are several possible means of choice for the Family Law Attorney.
In most areas, there are local Bar Associations that have referral services. These are often initial consultations for a nominal ½ hour with an attorney who is on the referral panel, in a specific subject area, and are usually priced reasonably. You should be aware, of course, that these panels may often be comprised of young attorneys who are still seeking business, but this may not always be the case.
Certainly an initial consultation for a $20.00 to $100.00 fee is a “bargain” at today’s attorney’s prices. This might well be a good choice for that initial consultation or to just seek some advice. In that initial consultation you can assess the attorney with whom you are meeting, to see if you are confident that his/her advice is current, appropriate, and accurate. At these sorts of prices you can actually do a little “shopping”, and consult with two or three attorneys, without breaking the bank.
In more complex situations, and in those situations in which you are pretty sure that you’re going to have to hire a Family Law attorney, you probably want to investigate other avenues of referrals. These also will be appropriate even for the initial consultation, so you should always think of these factors.
As a practicing Family Law Attorney myself, for whom this was a career change, and for whom I have personally experienced a couple of divorces (!!), I actually believe that the last place you should start your search is in the yellow page advertising. There are just so many ads, and the actual ad content is more a marketing and graphics issue than it is a reflection of the actual attorney’s capabilities and abilities. Also, there are plenty of extremely skilled and competent attorneys who no longer have the need to advertise, because their business is filled by referrals from previous, satisfied clients.
Where, then, do you start?
I would think the obvious choice to start your search would be friends and relatives. Certainly, given the proliferation of Family Law litigation is our society, you know someone who has gone through a custody battle, who has litigated support issues, or at least has gone through a divorce or legal separation. Talk to those friends/relatives. See if they were happy with their attorney. On the other hand, if they were not particularly happy with their attorney, were they impressed by the attorney representing their spouse or “opponent”?
This may well prove to be a fertile source of referrals, and may give you some names. Call those attorneys. See if any of them will talk to you on the telephone, at least for a brief initial interview. In that conversation, are they attentive to your inquiries, and are their responses appropriate? Are you pleased with their manner of speaking with you?
Another possible source of referrals is from attorneys who you might know, or with whom you may have previously worked, in other practice areas. Have you ever had to use a tax attorney? How about a business attorney or a probate attorney? While these attorneys probably don’t handle Family Law matters, they may well know the reputation and abilities of Family Law attorneys in their area, either by professional reputation, by personal knowledge in their offices, or otherwise, or through other sources. Ask!
As part of your search you may also want to search your State Bar website, from which you can get information about whether or not an attorney has ever been disciplined. This may not actually tell you too much, because all disciplinary actions don’t involve fraud or effective attorney’s capabilities, but it is useful information to know. You may be able to find similar information from local Bar Associations. Understand, though, that membership at local Bar Associations is often voluntary, and that participation in the referral programs is not necessarily an indicator of the quality of the representation that may be provided.
Just like in any business, it certainly wouldn’t hurt to check with the Better Business Bureau in your area.
If yours is a significant case, with large assets, and complex issues, you might search your memory for prominent attorneys in your area who may have been featured in newspapers or magazine articles. That may not necessarily speak to their qualities, but certainly may speak to their experience.
I would recommend doing an internet search for the subject areas for which you are interested, and, if you already have names, from other sources, check out the attorneys to see if they have their own websites. Again, keep in mind that the website itself is “advertising”, and may reflect more on marketing skills than actual ability. Commonsense would tend to indicate that the content of the website will be some indicator of how the attorney might approach Family Law matters, of their practice philosophies, and what kind of a “fit” that attorney might be for you.
Again, I’m suggesting that the telephone book would be your last source of information. In any case, by the time you have gone through the steps I have suggested, above, you should end up with several names on your list. Depending upon what you have heard from those whom you trust, start calling. See how much the attorneys charge for their consultations. Free consultations are rarely available in most areas now, and, to be truthful, you do want an attorney who values his/her time appropriately. I think anywhere from $100.00 to $300.00 for an initial consultation is normally appropriate, and that would be for somewhere between 1/2 and 1 hour of the attorney’s time.
The attorney-client relationship is not only a business relationship, but a personal one. When you are interviewing with attorneys on your list, you do want to make sure that you are comfortable with this attorney, and that his/her personality matches your style and is not offensive to you. There are many different kinds of attorneys. Some are of the traditional, conservative mold, while others are most casual in their office demeanor and appearance, but yet extremely skilled and professional in Court. You have to trust your own assessments, and pay attention not only to the personality, but to the actual content of your conversations in your interviews with prospective Family Law attorneys.
Does the attorney address you with respect? Does the attorney seem attentive to your needs and to your questions? Does the attorney seem to have answers to most of your questions?
It’s important that the attorney understands your case, and that the attorney seems familiar with your situation, and that he or she has handled others like it.
The one thing that is different about the attorney-client relationship and a normal business relationship is that, sadly, an attorney usually will not be able to quote you a flat fee or to tell you what your litigation will cost! This is counter intuitive, and probably will rub you the wrong way, but almost all attorneys do work by the hour. So much depend on what the other side of the case is going to do, and how they are going to handle things. It also makes a huge difference as to whether or not the other party hires an attorney, and whether they hire a good attorney or a poor attorney. Believe it or not, you want the other party to be represented, and to be represented by someone competent. Competent attorneys know the parameters for which it is reasonable to fight, and do not spend a lot of time, which is your money, in litigating foolish issues and in wasting the Court’s time as well as your time and money.
After consideration of all these factors, let’s hope that you can find an attorney with whom you are comfortable and who will competently represent you! The chances are good, if you spend the time to find the right attorney, and carefully consider that choice.

Article Source: http://www.signaturecontent.com


William Ulrich 2008 Antioch Divorce