Family Law

How to Find the Right Lawyer for Your Family Court Case

By J. Benjamin Stevens

Hiring an attorney is one of the most important decisions one makes when facing a divorce, separation, child custody, visitation, or child support case in Family Court.  Making a wise decision can help you obtain a better outcome in your case, and making a poor decision can result in life-changing consequences.  The following tips can help you make sure that you select the "right" attorney for your particular case:

• Find a lawyer whose practices exclusively in Family Court.  A lawyer who does so will have a greater depth of experience and expertise than a lawyer who does not.  Look for a divorce lawyer who has been practicing for many years and who has practiced for most of these with an emphasis on family law in your state.
• Find an attorney with extensive courtroom experience. Do not assume all lawyers have it – they do not. If you do need to go to court, your lawyer's familiarity with the system, the complexities of the process and what works best with particular judges will pay dividends in terms of a successful outcome.  Alternatively, a lawyer with courtroom experience will know when it is in your best interests not to go to court because you are likely to fail, saving you unnecessary cost and conflict.
• Find a lawyer who succeeds in and out of court. Even the most aggressive divorce attorney should be prepared to suggest an alternative to court when another option is more likely to succeed. Similarly, an attorney with a reputation for success through mediation should be prepared to 'get tough' when necessary.  In other words, the better family law attorneys are flexible and have the skills to succeed either way. 
• Find a the "right" attorney for your particular case. Think about any areas of your case that may require additional experience and expertise. For instance, if you have complicated or sizeable investments and retirement funds, look for a divorce lawyer with above-average financial expertise.  If you have children, it will be important to find a divorce lawyer with extensive experience of cases involving child custody and support issues.
• Find a lawyer with an appropriate right philosophy, or 'management style' for your case. Your case will be more difficult than it already is if you and your lawyer are continually at odds about how it should be managed. Indeed, many people inquire how to switch lawyers midstream. To avoid frustration and conflict it is important to find a lawyer who is 'on the same page' as you in terms of what you consider the most appropriate approach for your case.
• Choose an attorney that you like. Often overlooked in advice about how to find a good lawyer is the importance of personal qualities. You and your lawyer will need to meet, communicate and reach agreement on many points throughout your case. If you and your lawyer don't get along, the process will be more difficult than it already is.  A lawyer with good interpersonal skills is also likely to get along with other people involved in your case, from secretaries to judges.

Source:  "How to Find a Good Divorce Lawyer" by Caroline Mackenzie, published at Deal With Divorce.

Full post as published by SC Family Law Blog on November 17, 2010 (boomark / email).