Many people handle routine family law
matters without retaining an attorney. In California, 65% of all uncontested
divorces are managed by unrepresented pro se litigants. Family mediation is
also a process that is often handled by the parties without representation by
counsel. Others decide they should retain attorneys to review the draft of the
Marital Settlement Agreement. If you have a pension or a large amount of
property or income it is certainly advisable to consult an attorney before you
sign a final agreement. An attorney can also be very helpful in advising you
during the mediation itself. You can save substantial legal fees in routine
matters by finding an attorney who will provide you with discrete services
when you need it, and then handling the rest of the paperwork yourself using
resources in this Web Site.
When Can You Represent Yourself in a Family Law Action
It is not advisable to represent yourself if you have a contested custody
matter, you have substantial property, or there is a dispute over pension
rights. Self-representation is a process that works best for those
with routine and uncontested legal matters and for those who can master the
steps necessary to get from filing the complaint through the final hearing. An
example is an uncontested divorce or a child support modification where the
child support obligation for each parent is determined by statute.
Thoughts about Finding an Attorney Who
will Serve You Well
Only Hire a Lawyer With Expertise in Family Law. A lawyer who
normally handles personal injury law or corporate matters will not be of much
use in a divorce since he or she may have little understanding of family law.
Most states do not allow attorneys to state that they specialize in family
law. However, firms are permitted to state that they limit their practice to
family law, which means that they do not practice in other areas of the law.
Another indication that a law firm has expertise in family law is if the firm
is known to take on pro bono cases in family law. A pro bono
case is a case that the firm takes on for no fee or a reduced fee because the
client is financially eligible for such assistance under criteria established
by a local or State Bar Association. You can also ask what percentage of the
lawyer's practice is devoted to domestic law cases
Always have a written agreement. Do not hire a lawyer based
on an oral agreement. That only leads to misunderstandings. Instead, be sure
the fee agreement (called a retainer agreement) is in writing and that you
understand all of its terms.
Family Lawyers Usually Charge "By the Hour." That means you
are going to have to keep a sharp eye on the bill. Thus, do not accept a bill
that reads, "fees for services rendered." Rather, insist on a detailed monthly
billing statement. If you find a mistake or there is a charge you don't
understand, bring it to the attention of your lawyer. Some lawyers are
experimenting with a new form of practice called "unbundled" legal services.
These lawyers will charge you just for the advice that you need, usually on an
hourly basis, to support you in your mediation and after as a pro se
litigant. In this case, you will still file your own legal papers, but the
lawyer will be available to provide you with legal advice if you need it.
Don't Be Passive. Just because you have a lawyer, that
doesn't mean you do not have a job to do. You should ask questions and read
the material in this web site so as to better understand the law and the
process. You - not you lawyer - should make the ultimate decisions about how
to proceed with your case. After all, it is your life and your future that is
at stake, not your lawyer's.
Here are some sample questions you will want to ask your lawyer.
You may also want to add more of your own.
-
How long will the whole thing take?
-
What will be happening step-by-step?
-
What is your best estimate of the fees
I will be charged?
-
How much will the costs be? (Costs are
all "out-of-pocket" expenses that are incurred to support the litigation.
Examples are court filing fees and paying court reporters for deposition
transcription services. Costs can mount into the thousands of dollars in
contested cases.)
-
Will I be asked to pay the other sides
attorneys' fees? (Can I have my spouse pay my attorneys' fees?)
-
After describing what you want out of
the divorce i.e. by way of property division, custody and support, ask: Can
this be done? If not, why not? If so, what are the problems we face in
getting what I want?
-
How much support should I ask for (or
offer to pay)?
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How can I be sure that I get my
visitation, child support, alimony, etc.?
Ask about whatever you don't
understand or think you may not understand. Also, listen to what the
lawyer says. Part of his or her job is to educate you about what you will be
going through. (You may want to take notes for future reference.) Remember, you
have the right to answers. Never accept a condescending answer such as, "It's
too complicated, you wouldn't understand." And especially don't accept, "Trust
me, it's all under control."
For a "virtual" Maryland law firm offering
limited legal services at a fixed price for divorce and other domestic relations
matters exclusively over the Internet, check out:
http://www.mdfamilylawyer.com
