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How to Select the Right Family Law Attorney

Although family law is a specialized field in the study of law, there are many different aspects of it, including adoption and custody issues; child and spousal support; separation and divorce; property matters; trusts and wills. Before selecting a family law attorney, determine what issues need to be resolved, and make sure the attorney you select has enough experience in that particular aspect of family law to successfully handle your case.

Location, Location, Location

Ideally, the family law practice should be located in the same county the legal paperwork was filed. If the attorney is established in that area, he or she will have special knowledge about certain judges in the jurisdiction, and perhaps even some insider information about opposing counsel. He or she will also have connections to various experts who may be beneficial to the case, whether it be in providing evaluations, writing reports, or presenting testimony in court.

Verifying Credentials and Experience

Many family law attorneys offer a free initial consultation. Before the appointment, perform an online search on the attorney’s name to make sure he or she has the credentials and experience to help you with your case. Has the attorney published any relevant articles or been involved in cases that have received media publicity? Contact the local bar association to make sure the attorney is licensed to practice law and that he or she is in good standing with the state bar association. Think of this first meeting as an interview process and use it to determine if a working relationship can be established. Prepare a list of questions to ask and take notes during the meeting. Be as honest as possible when answering the attorney’s questions. Make sure you are at ease and can speak freely with the attorney.

Taking a few family law cases here and there does not make someone a family law attorney. Find an attorney with a few years of family law experience under his or her belt. You may even want to find someone who is a certified family law specialist. Do not hesitate to ask about their experience and if they have worked on cases with similar issues as yours. After discussing the details of your case, inquire about the strategy the attorney would most likely employ, ask for an estimate of how long the case would take, and make sure you are comfortable with the answers.

Working With the Attorney

If you know who opposing counsel is, ask the attorney what he or she knows about the attorney representing the other side. Since family law is such a specialized field, chances are, the attorneys know each other, and might have even gone against each other in court in another matter. If this is the case, ask the attorney who won or how the case was settled. Due to attorney client privilege, the attorney may not be able to divulge details of previous cases. Through casual conversation, you should be able to sense the attorney’s honesty, sincerity and whether he or she is knowledgeable enough to handle the case in a competent manner.

Request that the attorney e-mail or fax all documents drafted for review before they are submitted. Inquire about other associates or legal secretaries who may work on your case. Make sure you meet them, find out about their experience level, and what their hourly rates are. Support staff, who will often act as liaison between you and your attorney, should be knowledgeable and professional. Ask the attorney how he or she prefers to communicate with clients and make sure you are comfortable with the method. Find out how long the attorney usually takes to return calls or emails. Ask about copy, fax, and telephone call charges up front, so those charges do not show up as an unpleasant surprise on your first bill.

Many family law proceedings require the close scrutiny and analysis of financial documents ranging from bank statements, investment statements (IRA, 401k), income tax returns, and stock portfolios. Make sure the family law attorney has the financial background to understand these statements. If any agreements are made, the attorney should also fully comprehend and be able to explain any tax implications of the settlement. Make sure the attorney has malpractice insurance and find out whether or not he or she has been involved in any malpractice matters.

To find family law attorneys with specializations, either visit the county bar association to get a listing of licensed attorneys in the area or use a lawyer referral service. Before delving into the details of your case, make sure that there is no conflict of interest and that the attorney is not retained by opposing party or any interested parties. If possible, ask around to see if people have anything positive or negative to say about the attorneys being considered. The more research you do, the more satisfied you will be with your family law attorney.

By Cindy Liu           


 
 
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