Choosing an Attorney

Choosing an attorney is always one of the biggest challenges facing a potential consumer of the legal system. It is imperative that clients find an attorney whose values and philosophy reflect their own.

There are many styles of practicing law, from feisty litigation to amicable negotiation. A rule of thumb in most legal cases is that the more the lawyers fight, the higher the attorney’s fees. The reason for this is that lawyers bill by the hour, and a fight generally takes much more time than a negotiation. Hence, an unusual conflict of interest is inherent in each domestic relations case.

A conflict of interest arises when the interests of one party are in conflict with another. In family law cases, the client may be interested in settling his or her case with as little expense as possible while the attorney is interested in making money, which he or she makes by increasing the amount of hours he or she works on the case. Therefore, when a client wants the lawyer to fight aggressively on his or her behalf, the only real winner may be the lawyer.

Many people assume that they should hire the most aggressive lawyer they can find because those lawyers will better protect their interests. In most cases, this is an inaccurate assumption, especially in the divorce arena. An overly aggressive lawyer in a family law matter can often destroy what little ability a divorcing couple has to communicate, and communication is essential to successfully co-parenting children after a divorce.

This is not to say that there aren’t times when a lawyer shouldn’t be a tough negotiator. On the contrary, it is important that lawyers professionally represent the interests of their clients. However, people can settle almost all family law matters without turning to the courts.

Keep in mind that every time a dispute heats up and winds up in front of a judge, the lawyers make money and the litigants end up feeling battered by the system. A frequently used option in legal conflicts is mediation or alternative dispute resolution, which is when the parties enter into a process to negotiate a settlement.

A prospective client in a family law matter should be aware that most every experienced family law attorney can tell within the first hour of meeting with a client how the case will likely turn out. That is because most states have fairly predictable divorce laws; the lawyers are rarely surprised at a judge’s ruling. Therefore, it is usually not necessary to engage in expensive litigation over relatively common disputes. A client is well advised to listen to his or her lawyer’s advice in most property or child-related matters.