Choosing the correct lawyer is one of the most important decisions a person dealing with the break-up of their marriage or other difficult family law matters can make. Attorney styles and experience (with fellow attorneys, the type of case, and the particular court) can dramatically impact not just the outcome of your case but the manner, cost, and resulting impact of the litigation on the parties and any children involved.
Choose an attorney that is not only capable and competent to handle your legal matter but also compatible with serving your true overall goals — and that you get along with. The best attorney for one person’s divorce may be the absolute worst for another.
1. Do you want a specialist or a generalist?
Does the attorney handle cases in a wide variety of practice areas or confine their practice to one or more concentrations? Do you want or need a Board Certified Specialist and what does that mean? Is this evidence of a particular knowledge and experience you need for your case, or will this merely mean higher fees to you?
2. Does the lawyer have experience with the Court in which your case will be tried?
In smaller counties, judges tend to see the same set of attorneys on a frequent basis where reputations are created, and the court’s tendencies and local rules become known. Out-of-town attorneys often do not have the same feel for a judge making it more difficult to advise a client on what the court tends to do in similar circumstances.
3. If your case involves children or a marriage, is the attorney married or have children?
Late night feedings, sick children, and balancing family and work have an entirely different meaning when you have been there yourself. The love of a parent for their child is impossible to fully understand until felt yourself. Dealing with the dissolution of a marriage or issues relating to one’s child takes a special personality.
4. Is the lawyer committed to staying current on the law?
To remain a licensed attorney in Texas, one must participate in legal education each year. Does the attorney take only the minimum number of courses each year? How much of the attorney’s schooling each year regards family law? This is often a clear indicator of an attorney whose real practice and interest lies elsewhere.
5. Does the attorney speak directly with you about problems in your case or make unreasonable promises?
Beware of lawyers that will only tell you what you want to hear or that inflame your emotional responses. In hiring a lawyer, you need someone that will look at your problems objectively and help you accomplish your goals. Avoid any lawyer that serves merely as a louder mouthpiece for you.
6. Are you able to speak freely and comfortably with the attorney?
You have to feel comfortable with your attorney or you will not have the mutual understanding necessary to really convey information and ensure your interests are pursued. I proudly have a reputation as a “hand holder” and will strive to keep you comfortable and well informed throughout your lawsuit.
7. What kind of relationship does the attorney have with fellow attorneys?
Professional attorneys that are respected and personally liked by other attorneys can streamline your case, avoid unnecessary skirmishes (saves money), and more persuasive in the courtroom as the Judges know these attorneys are only bringing to them that which needs the court’s assistance to resolve.
8. How does the lawyer charge for legal services and costs?
Make sure you understand how fees are covered. Does the attorney use paralegals at a lower rate to handle legal work performed under the attorney’s supervision thereby lowering your fees? Hourly billing continues to remain the normal method of billing for most attorneys, but flat-fee based and value-billing are becoming increasingly popular and often a better idea for clients.
9. If your case is likely to include unique or unusual facts, discuss them with your attorney.
Oftentimes family law matters include mental health issues, drug or alcohol addictions, financial issues, or domestic violence. Has the attorney ever dealt with cases involving issues similar to those present in your case? Does the attorney have any knowledge or training dealing with such issues?
10. Does the attorney typically settle cases without trial or frequently have to try cases?
Family law is unlike any other area of law. Trial and the actual process of litigation can often be very damaging to the parties, their family, and especially children. A family law attorney with a record of frequent trials may indicate an inability to resolve cases that should be settled and should be a warning sign to a potential client. Nevertheless, there are cases that have to be tried and anyone going through a family law matter needs to know their attorney is willing, able, and competent to try their case when necessary.
