For the past couple of days, the attorneys with the
Law Office of Bryan Fagan, PLLC have spent some time helping you learn how to choose a
family law attorney for your
divorce case. The advice that we are giving, in my opinion, is not difficult to
understand. Nor does it apply to only rich people, or only less-rich people.
No, this advice should apply pretty well across the board for all sorts
of people. That means you. Even if you are skeptical that the advice included
in this mini-series of blog posts won’t be relevant for you I hate
to burst your bubble but it will be both interesting and pertinent for
you and your family.
Whether your divorce attorney will be the first of the fiftieth attorney
that you have hired in your life there are useful tips and tricks that
can be applied to your circumstances contained in these blog posts. If
you have not done so already I recommend that you go back and read what
we provided to you yesterday and the day before. If you have questions
about what you read or need us to clarify a point please do not hesitate
to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations
six days a week to people in our community just like you.
With that said, thank you for your coming back to read our final installment.
We will cover a few more pieces of advice starting with one that is maybe
the most important- knowing how to approach a divorce with reasonable
and reality-based expectations.
Reasonable expectations + honest attorney = great success (usually)
Some of the more rewarding cases that I have represented clients on have
been those where the client really had no idea about what to expect in
their case. I’ve had clients who believed that their spouse was
going to bow down to them immediately on all issues including their children.
Their view of the case was that they pushed their spouse around during
the marriage and they would continue to do so during the divorce. I don’t
mean this literally, of course, I just mean that they saw their spouse
as a push-over and someone who wouldn’t be willing to put up a fight
when it came to important issues.
Fast forward to the negotiating table and these folks often found that
with a good attorney of their own, their spouse had grown a backbone and
wasn’t bowing down quite like they had imagined. The facts and circumstances
of their case led them to a position where they, and not our client, had
advantages in dividing up their community estate and also in negotiations
regarding their children. Our client was surprised, but not all that surprised
because of prior conversations that we had had.
Sometimes your attorney needs to be your advocate by telling you about
the rights of both you and your spouse. To temper your expectations is
not necessarily a bad thing. In fact- it is usually a good things. These
type of folks came into their divorce with one idea- an idea that was
not particularly based in reality. Their expectations were so off base
that my job was to bring them back to the real world and to help them
devise a plan to achieve more reasonable goals that were actually achievable.
Completely eliminating visitation time between their spouse and their
children was not reasonable or warranted. However, restricting visitation
to certain times, dates and places if family violence or other issues
were involved was extremely reasonable.
The bottom line is that you need a divorce attorney who will advocate,
fight and represent your interests in an aggressive, respectful and constant
manner. At the same time, that attorney must be able to teach you about
the law and to help you to understand how you can best achieve your goals.
Along the way, if your attorney encounters goals of yours that are not
achievable or reasonable he or she would be doing you a disservice to
allow you to think along those lines without resistance.
The importance of meeting with your attorney face to face
Hiring an attorney is a personal financial transaction. It is not one that
works well when you only speak to the lawyer over the phone. Now, if you
live overseas or are in another situation where getting to the attorney’s
office is not possible that is a different story. However, for most of
us it is critical to meet the attorney face to face and to be able to
size him or her up to determine what the person stands for and how well
you believe that you can grow along side this person as your case proceeds.
When you learn about an attorney, you should contact him or her and set
up an in person interview. This will allow you an opportunity to ask the
attorney questions and to learn more about him or her. At the interview
observe the attorney and how he or she talks and acts. If the attorney
is looking more at her phone than at you then you may not want to hire
that attorney. Learn about the attorney’s practices inside the courtroom
and out. What is the attorney’s philosophy? How does the attorney
view your case?
Remember that you are not being interviewed by the lawyer. He or she is
asking for your business. It would benefit you to have an attorney, but
make no mistake that he or she is selling you a service that they can
provide you with. Be discriminating and hire only the best and most qualified
attorney based on your feelings about him or her.
Look for problems with the attorney before they bite you during a divorce
The last thing you want to do is to take a lot of time in deciding which
attorney to represent you in your divorce only to figure out a few weeks
after hiring him or her that you have made a mistake. Many problems that
clients have with their attorneys can be foreseen in the initial interactions
between the two parties.
For instance, if you are contacting an attorney to see if he or she can
meet with you to discuss your divorce the office phone number should be
answered promptly. If you need to leave a message and receive no call-back
until days later this is a sign that you probably shouldn’t hire
that lawyer. Keep in mind that if you’re not getting excellent service
from the beginning it is unlikely that you will receive excellent service
at the end of your case.
Next, evaluate the lawyer him or herself. Lawyers are attempting to sell
you their services during an initial consultation- this is the reality
of the situation. However, be keen to how you are being sold. If you feel
slimy during the conversation and the talk always heads back to money,
signing a contract, etc. you probably ought to run for the hills.
On the other hand, if the attorney is willing to answer questions fully,
engage with you in a brainstorming session where goals are created and
then explains issues that are critical to your case you probably have
a winner. They’ll talk numbers and finances with you too but that
should be only after your questions and concerns have been addressed.
A salesman or woman wants the quick cash and from then on their concerns
are no longer with you. A decent, diligent attorney will want to help
you solve your problems because it is the right thing to do and in the
long run is more profitable for the attorney as well.
Questions on hiring an attorney for your Texas divorce? Contact the Law
Office of Bryan Fagan
If you have any questions about the material that you have read today please consider
contacting the
Law Office of Bryan Fagan, PLLC today. We offer free of charge consultations with our licensed family
law attorneys six days a week. Thank you again for your consideration
and time in reading this blog post.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
