Ready to begin a divorce in Texas but need a push in the right direction? Your instincts are right when it comes to meeting with an experienced family law attorney. No one is better equipped to walk with you during this difficult stage in your life. However, not all attorneys are created equal. True enough, many attorneys will accept your case and your retainer fee.
With that said, the attorney you work with ought to be experienced in the world of family law. This is where we will begin our discussion today. The Law Office of Bryan Fagan provides individuals and families in our community with representation. We are practicing family law and divorce attorneys. Our areas of emphasis include all matters of family law, specifically in divorce cases. To find out more about our attorneys in our practice please contact us. We offer free-of-charge consultations six days per week over the phone, via video, and in person at all of our Texas area locations.
What is the attorney’s expertise in family law?
One question you need to answer when it comes to a prospective attorney is whether that attorney works in family law. This is the first and most important question that you should ask an attorney. Again, in Texas, many attorneys market themselves as either general practitioners or family attorneys. These are attorneys who work on several different types of cases on behalf of clients. Many of these attorneys do have extensive experience in various areas of the law.
However, one of the most important issues to address is whether that attorney has real-life experience in family law. There is no doubt that family law cases require experience and knowledge to find success. Only family law attorneys have the requisite experience you need to achieve the results you desire. Simply put, family law attorneys find themselves in court in divorce circumstances more than an attorney who practices primarily in the area of business litigation or estate planning. These attorneys may be well-suited to represent you in those areas. However, in a divorce, it is another story altogether.
Think about it in terms of your line of work. Do you have any specific knowledge of the work that you do? I certainly hope so. I’ll bet your employer does as well. After working in your field for many years you have almost certainly developed a level of experience and knowledge that an entry-level employee cannot claim to have. The same thing applies to a family law attorney with experience. Our attorneys have seen so much in the world of family law that disruptions or problems in individual cases do not phase us. We are here To guide and serve our clients no matter what their circumstances are.
What is their specific experience in divorce cases?
On top of inquiring about the experience of the attorney in matters related to family law, you also need to ask about their experience in divorce cases specifically. Divorce cases have an even greater degree of difficulty than the general family law case. There are elements of child custody cases within a divorce as well as property division. On top of that, there are almost always messy or difficult circumstances for the parties. Some attorneys would prefer to avoid these types of cases in their practice.
As a result, an attorney may advertise themselves as a family law attorney but only handle adoptions or even child custody cases. That attorney would not be experienced in the subject matter which you need to engage. Rather, that attorney would lack the real-life experience of a divorce attorney. For anyone asking, the experiences in a child custody case can only provide so much assistance for a divorce.
Negotiating a divorce is an entirely different ball game. Imagine yourself in a situation where you have debt, personal property, real estate, and a small business to contend with. You also have a four-year-old son with autism. These are all subjects that need to be examined closely. The negotiation over each of them demands attention to detail. A family law attorney who does not practice in divorce is not equipped to assist you. Find out the attorney’s specific experience in divorce cases before hiring him or her.
What is their approach in divorce cases?
A divorce case has elements involving art just as much as science, so to speak. This means that the attorney you hire develops a strategy with you that is based on your specific circumstances and the law. However, that attorney also has a personal style of how he and his office work within family law cases. Inquiring about their approach to divorce cases is an essential part of a consultation. Leaving the meeting without this knowledge is insufficient. Rather, take the time to ask these questions before deciding to hire him or her.
The approach of an attorney towards your divorce is critical. Being able to balance the issues in your case with the pertinent laws is how an attorney represents you adequately. On top of that, you want to be able to have the attorney guide you well enough to accomplish your goals. It is not good enough for the attorney to provide you with only adequate representation. Rather, your family and you deserve better. Ensuring that the attorney has described their approach to you puts you in a better position in your divorce case.
Listen to how the attorney talks about their theories on how to proceed in a divorce. Does the attorney sound confident? Does he or she make eye contact and express themselves clearly? If you get the impression that he or she speaks too generally and without regard to specifics? These are the sort of acute questions that need to be answered before hiring an attorney. Finding out these answers now will help you avoid any miscommunication or mistakes when it comes to hiring the wrong attorney for your case.
Clarify communication expectations
One of the most frustrating things in the world is to reach out to someone and not have them contact you back. You send your friend a text message. It is “read” but not responded to. How does that make you feel? Like someone has something better to do. That is a normal human emotion. We all want to feel heard and listened to. When we are going through something difficult, we want this even more. Paying an attorney to listen to you is part of the responsibility. We as attorneys understand that.
That said, your attorney may not be able to respond as quickly as you would like to your messages, emails, and phone calls. Most attorneys have more than just one client at a time. As a result, the attorney must divide their time in a way that pays respect to each case. Your attention is laser-focused on your case. Your attorney is, too, but only when working on your case. In other situations, your attorney must divide their time between multiple cases.
Do not take offense to this. Easier said than done, I realize. For your sanity and that of your attorney, you can ask the attorney how communication works with him. Tell him how you prefer to be communicated with. “Immediately” is not always possible- or reasonable. However, sharing with your attorney the preferred manner of communication is reasonable. Emails or phone calls? In-person meetings? Talk to the attorney about how you prefer to be communicated with.
Ask about attorney strategy for your particular case
First, your attorney needs to know your case. The ins and the outs. Bad stuff. The good stuff. All this needs to be shared with your attorney. We at the Law Office of Bryan Fagan call this the skeletons in the closet conversation. Our goal with this conversation is not to embarrass you. Rather, it is to prevent anything negative from happening when that information comes to the light of day. Trust us when we say that your negatives will see the light of day whether you like it or not.
What does this issue speak to on a larger level? That of strategy within the divorce case. Having a goal is great. Getting to that goal is greater. A strategy needs to be subject to change. Divorce is not a play. Rather, it is more like improvisation. Do not plan your lines out so far in advance that you cannot improvise. Likewise, developing a strategy needs to be flexible. If something happens in your case that is unexpected, what will you do? Use that same strategy until the bitter end.
This is where the experience of your attorney truly matters. When your attorney does not know how to adjust on the fly that is a problem for you. This means you are losing time. It also means that you are losing money. There are several good reasons to remain focused on achieving your goals in a divorce. Not the least of which is that this is the best time to achieve those goals. Many people assume that through modification or enforcement cases your goals may be divorce. Enforcement and modification cases do exist. However, do not assume that this is a given. Instead, take advantage of the time afforded to you in the initial divorce case.
Ask about attorney fees and expenses
In order words, determine the costs of representation before signing a contract. Don’t let this be a lesson in what NOT to do. Instead, before determining which attorney to hire make sure to ask questions about your bill. Of course, this isn’t a restaurant where all the food is priced. Rather, some costs cannot be prepared for. Nobody can predict the future- especially in a divorce.
That said, there are ways for your attorney to share with you their thoughts on your case. You can accomplish this by talking directly to your attorney about how fees are handled. Most attorneys are not shy about this. Family law attorneys bill clients differently than a personal injury attorney would, for example. In family law cases a retainer is paid by a client to the attorney initially. This fee retains the services of the attorney for the client.
After a retainer is paid a monthly payment is made from the client to the attorney. This payment ensures that there is always money in your account. Family law attorneys bill by the hour. Talking with your attorney about how they charge clients is incomplete without learning what the hourly rate is for each of their employees. Attorneys and staff typically bill at different rates. A senior attorney charges more than a junior paralegal, for example.
To be unclear is to be unkind. Find out directly from the attorney what fees and expenses with their office look like. Don’t sign a contract until you are satisfied that you understand what your obligations are.
Inquire about alternative dispute resolution methods
One of the great things about a Texas family law case is that there is no requirement that a judge decide the issues in your case. There are multiple methods to settle a case before a trial is necessary. These are known as alternative dispute resolution methods. Instead of focusing primarily on litigation and the judge, instead, place your attention on your spouse and how to resolve issues amicably.
The most direct way to negotiate your case is to work directly with your spouse. Many spouses come into a divorce with settlement resolutions in mind. Have you begun discussing issues like this with your spouse? If so then you are in luck. This can save you both time and money. Haven’t had these discussions yet? No better time to start than right now.
Mediation is a formalized process of negotiation in a divorce. A mediator is a third party, neutral who works in a mediation session to help you settle your case. Typically, mediation takes place at the office of the mediator. He will bounce back and forth between your room and that of your spouse to convey settlement offers. Do not be overwhelmed by the idea of mediation. Prepare for it diligently with the assistance of your attorney. Share information and documents with your spouse beforehand. Then, find common ground and reach sensible conclusions in the settlement process.
Ask about your responsibilities as a client
Some clients come into a divorce assuming that the attorney does all the work. These folks will pay their retainer and go on cruise control. It’s almost as if the entire case depends on the attorney at that point. The client shows up to a hearing or mediation, but the attorney does all the preparation. Whatever the outcome of the case depends upon what the attorney was able to negotiate, in the mind of this type of client.
On the other hand, there is a client who puts all the burdens of the case on their shoulders. It’s almost like the attorney is there only in an emergency. This client goes above and beyond to develop a case strategy, contact their spouse for negotiations, and perform other duties an attorney typically handles. This is a more hands-on approach. The question we need to ask ourselves is what are your responsibilities as a client during your family law case?
The answer is somewhere in the middle of these two extremes. You are responsible for communicating with your attorney when he reaches out to you. Another responsibility you have is to assist with preparation for hearings, mediation, and trial. Ultimately, you are responsible for making sure that your expectations are met. That means talking with your attorney to ensure you are fulfilling your end of the bargain. A divorce is a team sport. You and your attorney both have roles to play.
Address any issues relevant to your case
Finally, talk to the attorney about specific issues which are relevant to your case. What makes family law so interesting and challenging is that every family is different. The issues that impact your case are different than the issues that impact your neighbor’s. However, do not expect your attorney to play detective. Talk to him or her about the issues most important to your case. Share with the attorney your concerns.
Then, take the time to listen to the attorney share their perspective. Consider their perspective and whether it aligns with your goals and mindset. Hopefully what the attorney says makes sense and seems reasonable. If not, then it may be time to continue your search for an attorney. Thank you for choosing to spend part of your day with the attorneys for the Law Office of Bryan Fagan.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
