There are some areas of law in which choosing an attorney is relatively straightforward. For example, in business matters, you need to hire an attorney who merely understands your business interests and needs. However, in domestic relations it is critical that you have an excellent rapport with your attorney, and that you like and trust your lawyer.
These cases are extremely emotional and you may lose sight of what’s in your own best interests. Your attorney’s job is not to be your best friend, but to perform the difficult task of telling you what you need to know, whether or not you want to hear it. This is one of the most difficult but important tasks an attorney has, and a good attorney will do his or her best to help you navigate a wise course.
The Attorney/Client Relationship Must Be One of Trust and Rapport:
For example, when clients are so full of anger that they want to spend their life savings litigating for no purpose other than to make the other spouse miserable, it’s the attorney’s job to dissuade the client. Sometimes the attorney needs to remind the client that the cost of litigation will exceed the value of the property in dispute. Many divorce clients lose sight of their own best interests to some extent. In order to be able to hear what your attorney is telling you at those very difficult times when you simply don’t want to hear his or her advice, there must be trust and rapport.
The Attorney's Skills
Here, as in other areas of practice, it’s critical that your attorney is competent. The more unusual or difficult your case, the more expertise your attorney should have. If you have complex financial issues, you will want to be sure that your attorney is comfortable with such matters. If your case involves difficult custody or visitation issues, you may wish to retain an attorney who has that as a focus in their practice. And finally, you will want to be sure that your attorney is comfortable with tailoring the approach of the case to your needs. Some cases are best resolved in mediation or through out-of-court negotiation. Other cases can only be resolved with litigation. It is important that your attorney be adept at both.
The Law Firm
You should be comfortable with the way your attorney’s law firm operates. Ask questions, such as who will be handling the details of your case, how difficult will it be to reach your attorney if questions or problems arise, and what will happen on those occasions when no one is available to take your call. You need to know that your attorney is available to answer any questions you might have, in a way that is understandable to you.
You may have other questions as well. Don’t feel shy about asking. The best attorney-client relationships are built upon honest and straightforward communication.
Legal Philosophy
In addition, it is critical that you agree with your attorney’s legal philosophy. The practice of law is far more of an art than a science. Competent attorneys can disagree about how best to handle a particular case. For example, clients often believe that it’s very important to have an aggressive attorney. It is our belief that a good attorney should never be afraid to fight; however, many issues are best resolved through negotiation if each party is willing to act in good faith. When parties are willing to negotiate, they can choose the areas of compromise. You may, for example, be willing to give up Saturday golf games with your child in order to ensure that you are able to go to church with the child on Sundays. However, once parties go into court, it is the judge who decides what will or won’t happen. Thus, some of the most important decisions in your life will be made by a judge who must work with the facts that are presented in Court. Although judges sincerely attempt to do what is in the best interests of the parties that are before them, it is impossible for the judge to know anything about you other than what is presented in Court. Clearly it is in both parties’ interest to resolve any issues to the fullest extent possible and leave only the true areas of conflict for a court to resolve. In addition, a negotiated resolution is usually less expensive than litigation.
When the other party is not willing to act in good faith, an attorney must not be afraid to take the case to court. An attorney should be willing to do that which is necessary to seek custody and visitation orders which are in your children’s best interest (and therefore in your best interest as well), and a division of property and debts which is fair to you. When litigation is required to achieve this result, the attorney should give you a "best guess" estimate as to cost and his or her opinion as to whether the issues justify that expense. Then the client must decide whether to take the best settlement available or invest the funds necessary to litigate.
To receive more information concerning your uncontested property and no children divorce, click Contact Us or contact our certified legal assistant Barbara at (214) 368-8300 with any questions.
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