Exploring Types of Family Law
Family law is a broad area of the legal field that covers various issues such as divorce, child custody and adoption. As a result, there are numerous specializations within the broader family law scope. That means it is vital that you hire an attorney with experience specific to your case. The following are just a few of the specializations of family law.
Divorce
Most people, when they think about family law, think of divorce. With the average marriage ending after about eight years, there are likely many people in your area who are going through this process, and therefore, a lot of divorce attorneys. Choosing the right attorney can be difficult, but is very important. Look for someone who helps clients with their particular type of case. If you want to mediate your divorce, they should have a strong family mediation practice. On the other hand, if your divorce is likely to be acrimonious and involve court proceedings, make sure your attorney has experience taking cases to trial and has a history of proven results . Focus your search on the area that you need the most assistance.
Child Custody
A sub-specialty of divorce for some family law attorneys is helping parents who are going through the child custody process. Like divorce, this process can be amicable, or it can be adversarial. Again, find an attorney who knows the laws specific to your state, city or county and who has experience with the particular type of case that you will be bringing.
Adoption
Another related family law specialization is adoption. While adoption may not be as common as divorce, having an attorney on your side is still very important. People who have been through the adoption process are generally quite miserable, so having an attorney with experience handling adoption cases—as well as experience relating to the specific type of adoption you need—will make the process much less stressful.
The Importance of Experience and Qualifications
Once you have a shortlist of potential family law attorneys, the next crucial step is evaluating their experience and credentials. This process helps ensure that the lawyer you’re considering is not only capable but also the right fit for your unique legal needs. A lawyer’s experience in family law matters is a strong indicator of their ability to handle your case effectively. During your initial consultation, inquire about the lawyer’s years of practice in the field, specifically in family law. Ask them how many of their cases have been of a similar nature to your own. This question is especially important if you have a unique situation, such as international child custody disputes or high-net-worth divorce cases. A lawyer with a wealth of experience will be better equipped to handle complex issues that may arise in your case. Credentials are another vital aspect to consider. Ask to see the lawyer’s diploma from law school and their license to practice law. In some cases, family law attorneys pursue additional certifications or memberships in professional organizations. These credentials indicate a commitment to the field and can further demonstrate their expertise. For instance, lawyers who are members of the American Academy of Matrimonial Lawyers (AAML) must pass rigorous examinations and possess a certain level of experience to qualify. Likewise, attorneys who are members of the International Academy of Collaborative Professionals (IACP) or the Association of Family and Conciliation Courts (AFCC) have demonstrated their commitment to non-adversarial practices aimed at reducing the emotional toll on families going through family law matters. Asking about these memberships can give you insight into whether the firm you are considering shares your values when it comes to resolving your legal issue. Before making your final decision, also verify whether the lawyer has ever faced disciplinary action from the state bar association. If they have, be sure to ask about the circumstances surrounding the discipline. This information is usually included on your state’s bar association website and is also something you can ask about during the initial consultation. Being fully informed will help you make the best possible decision when selecting the services of a family law attorney.
Investigating Reputation and Client Reviews
When you’ve narrowed down your list of potential attorneys to around three or four, it’s time to do some digging to learn more about their reputation. One of the best ways to find out whether an attorney is trustworthy and effective is by reading reviews and testimonials from past clients. This could be done through legal directories, such as AVVO, FindLaw, and Justia, which are directories that allow clients to leave feedback about their experiences with dentists, lawyers, and other professionals. AVVO award ratings for lawyers, and a score of 10.0 is the highest possible. Don’t avoid attorneys with a slightly lower AVVO rating—lawyer rating sites usually show ratings on a zero-10 scale, and a small difference in rating may not significantly impact the quality of the attorney. However, be wary of reviews with comments that are overly dramatic or attempt to elicit emotions. These reviews are often fabricated or biased and should not serve as a basis for hiring or not hiring an attorney. A number of biased reviews should raise a warning flag about the reputation of the particular law firm. In addition to posted reviews and testimonials, you can view actual case results to see the type of results parents have received in their cases. Don’t select an attorney based solely on the reviews you see on legal directories—read independent testimonials on the firm’s official website or on their social media pages to get a better idea of how the firm’s past clients feel about their services prior to selecting an attorney.
Checking Communication Acumen
Evaluating Communication Skills
Clearly, you want to feel comfortable with your family law attorney’s ability to stand up for your legal interests in relating to others.
This relates to communication skills, with basic criteria being (1) clarity of expression and (2) listening skills.
Signs your lawyer has good communication skills are:
Your initial interview should reveal a professional who clearly hears what you have to say, without jumping in too quickly to make comments or speak for you. This may be a sign he or she is not listening thoroughly.
Your lawyer should be directly engaged in the face-to-face discussion at all times, showing genuine interest and concern. You don’t want a distracting person who seems preoccupied with something else.
Follow-up questions are always a good sign, and should come from the attorney rather than the paralegal you speak with the first time.
You also want a responsive lawyer, one who’s attuned to your concerns and more interested in your needs than in collecting a healthy retainer fee (in fact, beware if he or she doesn’t ask about your individual needs or those of your family members) and who follows through in filling you in on the details you may need to know before your next meeting or court hearing.
A lawyer who requests you to e-mail him when you have questions or concerns, one who schedules follow-up meetings, one who asks for a summary of what you think is important to your case – all of these are welcomed signs.
Your First Consultation: Questions to Ponder
Your initial consultation with a family law attorney is your opportunity to assess whether that lawyer is the best fit for you. While it is also the lawyer’s chance to determine if your case is something they are likely to handle. Take advantage of this opportunity by asking questions that reveal the attorney’s experience and approach to the matter at hand. Here are some key topics to cover:
Fees and Expenses For many people, the most uncomfortable topic in the world is the discussion of fees. For a family law matter, it is best to do the following: Fees. Like many questions, you want to know your attorney’s fees as early as possible, so you can budget for those fees. Ask the following questions: How are fees determined? Do you bill by the hour or a flat rate for the entire case? Are there limits on the fees you are willing to charge? Do you require a retainer fee up front? Are interest and late charges assessed? If I hire you to represent me, how much do you have to spend? Will there be additional costs (e.g . filing fees, retrial costs)? If the matter ends up going to trial, are those fees or costs included in your retainer? If I don’t have as much money as I like, can we negotiate the retainer and payment terms? How frequently and in what increments do you bill for your services? If you end up with an associate working on your case, how is their work billed? Expenses. Among the things you need to know about expenses are the types of expenses that are generated during any particular case and how those expenses are charged to you: What is included in the attorney’s fees? Are there circumstances under which litigation costs or expenses can be sought from an adverse party? If so, in what circumstances would litigation costs be characterized as a party’s responsibility? Does the attorney charge for paralegal time and the services of other associates?
Case Plan/Strategy If there is a plan, or strategy to your case, you want to know what it is and how it works. Of course, a case plan will change as the circumstances in your case unfold. However, a plan in mind will give you an idea of the attorney’s style.
Expected Outcome You ask about your expected outcome with a family law lawyer for the same reason you ask about the plan. The response gives you insight into the lawyer’s style and approach. You may even be surprised that the lawyer has the same goals you have.
Cost Evaluation and Your Budget
When it comes to hiring a family law attorney, understanding the idea of "affordability" is directly tied to how you propose to pay them for their services. As discussed above, most family law attorneys that practice in Washington State work on an hourly basis. That means that when you pay your lawyer by the hour, you are not just paying them for the time they spend in court or in a meeting with you, but also the time they spend thinking about your case, reading your emails and the emails exchanged with your spouse’s lawyer, drafting court pleadings, and appearing before the judge. So, while I have a flat fee for those clients who want my services only in connection with their divorce and not afterwards, many times I will represent them in their post divorce matters (modifications, contempt, etc.) as well. In those situations, I charge by the hour when they call; and, this will be at the same hourly rate I charged at the time of their divorce. So, in the end, we have a relationship where I was their counsel in their divorce and now I’m their counsel on an hourly basis for their post divorce matters.
Flat fees in family law cases are somewhat rare, but they do exist. Many family law lawyers elect this system with respect to their services as a mediator because it can be a tool to ensure that the divorcing couple pays for services rendered. If a mediation session lasts longer than anticipated, the couple has the choice to pay more or adjourn the matter to another time with the understanding that the lawyer / mediator will bill at the established hourly rate.
The second point in this section is about hiring a lawyer with fees you can afford without going broke. When you think about the fees associated with your divorce and becoming a single parent, it is not uncommon to want to do it all yourself. This is a recipe for disaster. You will get more value from hiring the right family law lawyer than from trying to save money in the beginning. To decide what’s right for you and find an agreeable arrangement, do not be afraid to ask your family law attorney about retainer fees, hourly fees, and a monthly payment plan. Many people like the option of being able to pay a small sum each month on an ongoing basis. I have clients who have been paying me by the month for 5 years. It is about establishing a workable payment plan with a budget you can live with without bankrupting yourself.
The final point in this section is about negotiating fees. While a common misperception is that negotiation is only for businesspeople, the negotiation of fees is a commonplace event for family law attorneys. Many clients do not know how to do this, but if the arrangement they want does not seem possible, they should not hesitate to ask their attorney about alternative options and how to make it work for them.
Going with Your Gut
Your instincts are often your best and most accurate tool when it comes to decision-making, and selecting an attorney is no different. You should feel comfortable and confident with the person that will be handling a sensitive and important matter in your life. Every family situation is unique and by trusting your instincts you will not only have the most comfortable attorney-client relationship, but one that will yield the best results for you in the long-run. Realistically, if you don’t like the person you are currently speaking with on the phone, why would you enter into a business relationship with someone you are not comfortable with? You shouldn’t.
After you have gone through the selection process and met with an attorney, you should feel confident in your decision to hire that attorney. If you feel you have selected an attorney who is competent in handling the legal issues you are presented with, but simply do not feel comfortable with them, you can always continue your search instead of hiring someone with whom you do not feel comfortable . However, be cautious if the reason you do not feel comfortable is because the attorney is not answering your questions or is not giving you the time of day. Asking questions is the best way to be informed about your case and the legal process, and it is an attorney’s duty to answer questions and keep a client well-informed.
Part of the attorney-selection process may require patience while you engage in consultations with many different attorneys. Each opinion you are given is valuable, as it provides you with necessary feedback that will allow you to better understand not only your specific situation, but also what to expect from an attorney in general. Some prospective clients feel overwhelmed after having met with multiple people, and choose to hire an attorney based on the hope that they can reach an agreement without an agreement having been reached. Engage in discussions with attorneys and remember to listen to your instincts when choosing an attorney.
