An Overview of Family Law Services
Family law firms provide a range of services to assist clients in dealing with complex legal issues that surround the family dynamic. One of the primary services offered by these firms is divorce. Divorce lawyers guide their clients through the intricate process of legally dissolving a marriage. They handle division of assets, debts, and determine issues such as alimony and what will happen to the family home. In some cases, particularly those involving domestic violence, divorce lawyers may quickly step in to obtain protective orders on behalf of their clients.
Another significant family law service is child custody arrangements. These arrangements are critical in the lives of parents and children. The family law firm will work with their client to establish parenting plans that detail the custody and visitation arrangement for the children of separated or divorcing couples . Establishing child support obligations is also handled by the family law firm. These computations take multiple factors into account to ensure that the child has the proper care and resources to meet their needs.
Spousal support is another common family law service. Often referred to as alimony, spousal support is paid by one spouse to another during the divorce process. Although not guaranteed, many divorcing spouses will petition the court for temporary alimony while the divorce is pending. Family law firms may also be retained to handle paternity cases, which determine the parentage of a child to address custody and support, or adoption. Family law attorneys may also play a role in juvenile cases that involve minors or even sometimes work with the courts to adoptions and guardianships. The Canadian Bar Association can provide reputable family law firms for a variety of legal matters.
What to Look for When Selecting a Family Law Firm
Once you have narrowed down potential candidates to your short list, it is wise to dig a little deeper. A little research will go a long way toward bringing you closer to the right match. You should definitely consider the overall experience of the law firm that you are considering as well as the level of experience of the attorneys that will be representing you. Now, if you find an attorney with 15 years of practice experience that has joined a newly formed firm, you might be best off avoiding that firm. If the attorney who does divorce work has just passed the bar exam and joined the newly formed law firm and is also calling himself a "partner" you may want to avoid that firm as well. On the other hand, if the divorce attorney has been practicing for 20 years and just took the leap to start his or her own law firm, that’s a different story.
Be sure to take into consideration the reputation of the firm. Firms with many years of experience and a history of positive client testimonials are the types of firms to be considering. Also, consider the area of focus of the firm. It is important that they firm that you are considering has spent a number of years focused on family law matters. Many lawyers dabble in many areas of law and the lawyer who does a closing on a home in their spare time might not have the level of expertise you are looking for with respect to your family law case. Likewise, it is important to find a law firm that devotes its attention to family law matters and does not spend much of its time focused on business disputes or criminal law matters or whatever else because the family law client might not get the same level of attention as the client who pays good money to the criminal lawyer or the client who spends a lot of money each month paying their divorce lawyer. The client who hires the lawyer for the family law case expects to pay good money for the same level of service as the client who hires the lawyers for the criminal case or the commercial litigation issue. In reality, these family law clients do not get paid the same amount of legal fees so you cannot fault the law firm for raising their rates for family law matters commensurate with the fee paid to the criminal or litigation lawyer at their firm.
Another factor when choosing the right law firm for your family law matter is the consistency of the attorneys that you meet. Let’s say you first meet with one attorney who seems great, but the second person you meet with while being equally friendly seems not to have much in the way of relevant experience. Two or three such people at the law firm that do not reflect the approach that you believe would be best suited for your family law matter could indicate that you need to cast the net a little wider.
Do look at the testimonials of prior clients who have a similar type of case to yours to the firm’s website to see what prior clients have to say about the firm. Pay attention to whether the clients are saying the right things about that firms prior performance. Look to see if there are reviews of the firm listed on other review sites. Where else can you find reviews of the firm or the attorneys in the firm?
Ask whoever you are working with at the law firm who would be working on your case and how the approach might differ if you were a higher net worth client. If the lower net worth client gets the lesser lawyer and the higher net worth client gets the higher end lawyer, then you may be looking to choose another firm. If the same level of expertise is going to be made available to clients at different levels of net worth, that is good too because the firm is valuing relationships over dollars.
Make sure that you bring up the topic of the firm’s billing practices. Do they bill by the hour? What are the rates for the partners, associates, paralegals and so forth? Do they allow payment plans? Do they require payment plans? How often is the billing cycle? Is it monthly? Does the firm impose interest on unpaid balances? Does the firm charge 18% or more in finance charges for unpaid monthly balances? Do they require a retainer? Is there an extra charge for a retainer? Does the firm have a minimum charge per month? Does the firm require an upfront retainer exclusively for the family law case? Does the firm recoup all of the money paid for the retainer for the family law case as part of the retainer? If there is a trust account – how much paperwork is necessary to withdraw money from the account if it is a pre-approved bill? You get the idea. Know what you are getting into. We live in a world where a lack of transparency will raise suspicion. You should not be afraid to ask the questions that you feel comfortable asking.
Why Having a Local Attorney Matters
Family law matters, by their very nature, often require specialized knowledge and experience that can be unique to a particular state or even a specific locality. A family law firm with local expertise is well-versed in the nuances and specific challenges of the laws and court procedures in your area. This familiarity can give you a significant advantage when facing complex legal issues. An attorney with local expertise can help you navigate the legal landscape, address any procedural hurdles, and effectively advocate for your interests before the local courts and judges.
Familiarity with local laws can also provide you with invaluable advice when it comes to the minor details of your case. From filing paperwork in a timely manner to knowing when a temporary order may be necessary to address your needs before a final judgment is rendered, a law firm with local experts can save you time, energy, and money when dealing with the complexities of your family law case. Local expertise also extends to the family law professionals throughout your case. Your attorney already knows the local divorce court staff, judges, mediation services, and even expert witnesses – if one is needed. This relationship can help your case run more smoothly and speedier, like the hiring of a contractor who has fixed up many of your neighbors’ homes, versus someone who is new to the area. Choosing the right family law firm is crucial to the outcome of your case; having local expertise should always be a factor in your decision-making process.
Queries to Pose to a Possible Family Law Lawyer
After narrowing down your selection of family law firms or choosing a family law firm near you to visit, it is time to prepare for your initial consultation. You should be ready with a list of questions you want to ask a potential family law attorney. Some of those questions may include:
What is the range of fees associated with the services you provide?
Money plays an important role in hiring a family law firm. You want to make sure that the your new attorney’s fees align with your financial budget so you can afford them.
How long have you been practicing family law?
Individuals who practice family law will have varying levels of experience. When hiring an attorney, make sure they have enough experience handling cases similar to yours. An attorney who just graduated law school may not be the best candidate compared to someone with more recent experience.
What intangibles do you have?
It is easy to be overwhelmed by a divorce proceeding or other family law cases you have never been involved in. Ask how your attorney will assist you in making an informed, fair decision throughout the process.
Who will be doing the work on my case?
Some law firms are large with many associates. They will often hire several associates to assist a lone partner on a case. Therefore, it is important to ask who will be doing the bulk of the work on your case. You do not want to work with many different people instead of getting to know the one attorney with whom you are hiring.
What other professionals will you work with to ensure my case is successful?
Family law firm often will have other professionals who work on and assist cases, such as financial consultants, private investigators, mental health counselors/therapists, etc. The more professionals employed on your case, the more likely you are to have a positive outcome. Therefore, make sure to ask about what other professionals will be involved.
Demystifying Legal Services Pricing
When it comes to hiring a family law firm near you, there are no hard and fast rules when it comes to legal fees. Simply stated, the legal fees you might expect to pay a family law firm in New York City is probably not going to be the same rate you might get charged at a firm in the Midwest.
Hourly rates
As mentioned above, hourly rates can certainly vary based upon geographical location. Additionally, hourly rates can vary based upon a lawyer’s experience level, the size of the firm charging the rate and the volume of work being handled by the law firm. While you might be charged $500 an hour for a partner at a Manhattan law firm, you may be charged $300 per hour for an associate. These hourly rates may include costs such as research and other legal work, however larger items such as court costs or experts generally are billed separately. If you are charged hourly, your attorney will send you an itemized statement of the work performed on your case. These bills will generally include the date the work was performed, the length of time it took to perform the work, the hourly rate and a description of the work performed. In some instances, you may find that the billing statements seem unclear; if this is the case, discuss your concerns with your attorney. You may have to request a breakdown of how time was spent.
Retainers and fixed costs
In order to secure services from an attorney, you are generally required to give the lawyer a retainer. This retainer is generally a set amount to get the work started. As work is performed, your attorney may bill against the retainer . Once the retainer amount diminishes to a certain level, you may have to add funds to the retainer. In some cases, you may have to increase your retainer if the attorney determines the scope of the work is going to exceed the retainer amount. If there is a balance left over on the retainer once the work is finished, that amount is generally refunded to you. If the retainer is not sufficient to cover all of the work performed, you are still responsible for the balance of the unpaid amount. Some cases are billed daily or weekly at a set amount that includes a very limited scope of work. If the scope of work exceeds what is allowed under the set fee plan, your attorney may be able to perform the work for additional payment. However, the fixed cost structure generally allows for only very minor work to be covered. This type of plan is generally ideal for simple uncontested divorces or other very low cost matters.
Contingency fees and other billing structures
Fees for some types of work are often set at a percentage of the recovery. This is known as a contingency fee. These fees are generally set by statute in most states. For example, a contingency fee in a workers compensation claim might be 20 percent. This means that if the workers compensation claim is successful and results in a $100,000 recovery, the lawyer is entitled to $20,000 plus expenses. However, in some areas of family law, contingency fees are prohibited. Your specific needs may require a rate that differs from the general ideas put forth here. When you consult with your attorney, you will work out a rate that is satisfactory to both of you.
A Closer Look at Client Testimonials and Wins
Beyond investigating the attorney’s credentials, it’s a good idea to read any client reviews that the firm makes publicly available. However, reviews can be polarizing even when they are an honest evaluation of the service. In fact, some states have ethics rules that prohibit or restrict attorneys from advertising client reviews. In those states, if you only focus on accessing partial feedback from a legal services website such as AVVO or FindLaw, you may be getting an incomplete view of that attorney. Ask the right questions and get the insight you need. Here are some questions to consider:
a. Successful cases are often even more telling than unsuccessful cases, so don’t shy away from asking what clients are sharing about their experiences.
b. Look for feedback from both clients and non-clients. Some online review services allow attorneys to respond to client feedback.
c. If some of the reviews are not flattering, don’t be afraid to ask the attorney about his or her response to the comments. Finding one positive client review on the lawyer’s website could be a red flag, for example.
d. Be aware that many reviews are anonymous.
While there is value in seeing what clients think about things like communication or charges, understand that it sometimes take time for a third party to post their review. How current are they? Always look at the dates and see if a client recently posted a review.
Another important consideration is whether you are looking for an attorney who focuses on a large number of different areas of family law. For example, does the firm generally handle collaborative law, mediation, litigation, child advocacy, divorce, alimony, child custody and support, annulment, asset division, modification and enforcement? Marriage and relationship counseling? Substance abuse and addiction issues?
On the firm’s website, do they seem to know a little bit about everything?
Finally, there are many places to find reviews online. Check out a firm’s Facebook page and Yelp page. It is also useful to look at the attorney’s LinkedIn page as well. Older clients who still rely on more traditional sources like the Yellow Pages may share a review there, also.
If you are working with a former attorney for any reason, it can be useful to compare his or her reviews to the one you found. One rate review, or one overly-glowing review can be misleading. After all, many people leave satisfied reviews and are busy enjoying their lives rather than posting their reviews online.
How to Search for Online Legal Directories
Another valuable tool is to use the various online directories and comparisons. People often confuse "directories" and "comparison tools." As a practical matter, they are generally one and the same. There are resources available that will allow you to click on each firm in an area, look at what they do and where they are located. Most of these firms are pretty good, so ultimately, it may make sense to go to that site, contact the firms you are interested in and then conduct your research by asking the firms that interest you what you want to ask them .
For example, Martindale has an excellent family law comparison site at www.familylawfinder.com. It allows you to compare law firms within your area. It breaks down each firm’s strengths and weaknesses in every area. Again, most of these firms are pretty good, so it ultimately offers you a choice among some outstanding law firms in the Houston area.
FindLaw (www.findlaw.com) also provides a listing of Family Law Firms and Lawyers in Your Area. A simple search of the terms, "Houston Family Law Firms and Lawyers" will produce a list of several dozen family law attorneys.