How to Prepare for a Consultation with a Family Law Lawyer

Heading into a consultation with a family law lawyer is a crucial step in initiating divorce proceedings. In Finding the Right Lawyer for You and Finding a Family Law Lawyer – Breaking Down the Process we’ve taken a look at how to narrow down your search for a lawyer. A legal consultation is a means of gathering information relating to your legal rights and obligations. It is the point at which the lawyer is first presented with the specifics of your legal matter. It is also a time to ascertain whether you are comfortable with the lawyer’s personality and legal practices and whether you would like to retain their services. The length of a legal consultation varies from one lawyer’s practice to the next, many offering free half hour consultations, while others charge for a lengthier meeting in which they are able to provide more comprehensive information regarding how they would move forward with the file. But how do you prepare for a consultation with a family law lawyer?

Here are some pointers for making the most of your legal consultation so that you will be able to come to an informed decision about whether he or she is the best legal representation for you.

Come Prepared with a List of Questions

Bring along a written list of questions so that in the moment important inquiries do not escape you. In the days prior to your consultation keep a running list of questions, concerns and topics you’d like to bring up with the lawyer. This list might include some or all of the following:

• Pay Rate Breakdown – Are tasks assigned to more junior lawyers or clerks in order to keep costs down? How much money are you expected to pay with regard to retainers, hourly rates and disbursements?
• Settlement or Litigation Oriented – Does the lawyer feel that your case can be settled out of court through some form of alternative dispute resolution (ADR) or are they of a more litigious mindset and feel that the issues would be best taken through the court system?
• Areas of Expertise – Everyone has their strengths, so what are this lawyer’s? Do they have extensive experience with domestic violence, complicated custodial issues, international divorce, property division? Are they a skilled negotiator who is known for helping clients to settle matters out of court? If you are seeking a litigator, ask whether they have led trials before and what their success rate has been.
• Experience with Your Specific Issues – When circumstances exist in a family that are somewhat unique and may have significant bearing on the divorce settlement, it can be beneficial to bring a lawyer onto the case who has dealt with this issue and has prior understanding and experience. If they lack understanding of this particular matter, how do they plan to familiarize themselves with it? A client should always feel confident in their lawyer’s ability to handle the circumstances of their file.
• Lawyer’s Impression of Your Case – Once you have presented the facts and circumstances of your case, ask the lawyer for an abridged idea of how they might deal with the issues.
• Does this Practice Have Time for Your Case – As important as it is to find an experienced lawyer, it’s important to find one with time to devote to your case. This means the ability to work on your file and also to return emails and phone calls promptly. Throughout separation and divorce urgent legal matters often arise and finding a lawyer who is available to give advice within one business day or less will ensure that you aren’t left hanging.

Gather and Bring Along Important Documents

• Case History – Being able to present an abridged case history gives a prospective lawyer a helpful “at a glance” perspective on the facts that make up your file. If you’ve been noting down important dates, communications or incidents, print out a copy and bring it with you.
• Court Documents – If you are seeking a lawyer once legal proceedings have already commenced, make sure to bring copies of any documents that have been filed with the court, as well as any court orders that have been made.
• Negotiated Terms – Have you already come to an understanding with your former spouse as to any of the terms of a divorce settlement? Present any agreed upon terms to the lawyer. If you have attended mediation, make sure to bring along a copy of your memorandum of understanding.
• Income Tax Returns and Pay Stubs – Financial disclosure is essential in a divorce case as it pertains to support that will be paid and received.
• Asset and Liabilities List – Lawyers will request a detailed account of major assets acquired during the marriage, as well as any brought in to the marriage. Supporting documentation should also be collected prior to the meeting.
• Budget – A budget presents an accurate window into your financial needs and capabilities. If you don’t have one already, outlining a detailed budget is often requested upon retaining a lawyer.

Be Prepared to Present Your Case

In the course of a legal consultation the lawyer will want to hear an abridged version of your separation to date. Prior to coming in for the meeting, go over your case history and familiarize yourself with what facts you are going to present.

Take Notes

Bring paper and pen with you and jot down any important notes or ideas that the lawyer mentions. This will form a record of the consultation upon which you can look back on afterward. If you plan on consulting with more than one lawyer, this will ensure that you are able to accurately compare the pros and cons of each lawyer with whom you’ve met.

Bring a Friend

Bringing along a trusted confidante whose opinion you respect is recommended particularly if you already feel overwhelmed by the separation process. The benefit of bringing someone along is that they can be a sounding board and lend an objective voice to assist you in figuring out the best plan of action going forth.

Come Rested

This legal consultation often comes early in the process of separating from one’s spouse. Life at this point is overwhelming as you working to juggle the day to day. In order to come into the consultation with a clear mind, make sure to get enough rest the night before your meeting.

Do you have further tips for preparing for a legal consultation? What would you add to this list?
Please share your thoughts in the comment section below.