I often say that clients hire counsel with similar personality types to themselves, but what exactly should you look for when searching for someone to represent you in what’s often the hardest season of your life?
There are many qualities you want to keep your eye out for and make sure it’s a match to not only your personality type but your end goals for any pending litigation.
- Experience and Expertise:
You want to look for an attorney that specializes in Family Law. It is extremely important that you find an attorney who deeply understands the intricacies of this type of Court space. Family law is always changing, updating, and clarifying. Is the attorney you’re looking to hire well-versed in the newest laws? Do they often take continuing legal education courses? Family Cods are updated yearly if not every six months. Your family law attorney needs to know the changes but also spend the time learning how to incorporate them into your litigation and have those laws be on your side.
- Communication Skills:
A good family law attorney and one that is highly sought after should be a great listener, and have good report and communication skills not only with their clients but with the Court. They should be able to articulate the advanced legal jargon often used in agreements, Court Hearings, and concepts to you so that you can understand all the complexities as a layperson.
You should seek an attorney who is well-spoken in Court and does not need to be overly aggressive both with Opposing Counsel and the Court. As attorneys, we are in Court to argue your case and get our facts across to the Court. Your Attorney should not waste precious Court time arguing with or disputing facts from Opposing Counsel that will not affect the outcome of your case.
Often, it feels like the showier louder attorney wins, but that is not the case. You want the Court to remember you for your candor and the way you and your attorney conducted yourself in a hearing even in the face of adversity, and how you moved forward with the matter – NOT for talking over the Court or the other attorney, spewing facts that are incorrect, or arguing for the sake of arguing.
- Case Assessment and Strategy:
When seeking an attorney, you should search for one that is creative in their strategy. Often there are ways to be aggressive without having to yell or bully the other counsel. You want an attorney who can take the Family Code and devise a creative plan for you to reach your desired goals. However, you also do not want an attorney that will sugarcoat your outcome either. While you want to look for a creative, well-versed family law attorney, you always want someone who is going to be able to fully analyze your case, discuss every approach or avenue that can be taken in your case, and devise a plan that will be strategic and creative, while telling you if a desired goal is unattainable. It is awful when an attorney tells a client who has 3% custody that they can get custody reversed in their favor and while that may occur in the long run, it is a process that takes time.
- Litigation Skills:
You want to look for an attorney with experience in every type of Family Law hearing, whether it’s a quick Family Resolution Conference to an Evidentiary Hearing. Experience does not mean shouting, yelling, causing a scene, or talking over the Judge and/or Opposing Counsel; experience means taking the Family Code and the tools we have available to sway a Court in our client’s favor and being a zealous advocate for our clients and their situation.
- Consultation Comfort:
A consultation should be used to determine whether your personality will mesh with that law firm and whether they can take on your matter. Consultations are an extremely important part of finding a Family Law Firm to represent you. You should leave a consultation feeling comfortable that they’re a good fit, understand you, and if you’re comfortable with how they operate and strategize if you select them to assist you with your legal matter.
This is the time to ask questions – if you are looking for a quote-on-quote bulldog attorney, the consultation is the time to ask questions as to how those desires would be fulfilled. Again, there are so many ways to be aggressive and not be pushed around by the opposing side rather than acting out in Court, and remember: most of the time, attorneys are required to meet and confer before hearings. The Court looks favorably to an attorney who can work well with others and does not complicate the matter being overly aggressive and unwilling to work with the opposing side.
- Mediation Skills:
Mediation skills are an important part of finding the right attorney for you. In a dissolution proceeding, you are often required to attend an MSC or Mandatory Settlement Conference before the Court will set you up for a final Trial. I often tell my clients that they’ll be happier with a settlement made between you and the opposing party and outside of the Court, over what a Court will order in any type of hearing. The Court can only spend so much time on each case and if it gets taken to litigation, you essentially have a stranger deciding what will happen in your divorce or the custody of your children.
It is always highly recommended that even before the MSC attempts to negotiate and mediate your case. However, you have to be willing to give to get, meaning that compromises will have to be made if you want to amicably resolve your matter without Court interference. This is our time to be strategic, work through all possibilities, even the creative ones, and attempt to get you a settlement you’re generally happy with.
All in all, finding a lawyer who fits your personality type and can achieve your preferred style of litigation all while attempting to get you the best deal possible is extremely important. Your lawyer is attempting to get you on the other side of litigation with the best possible outcome and being able to work closely with them is a must.