CHOOSING A LAWYER
If you are going to fight in court you had better have a good
lawyer and choosing the right lawyer can be the most difficult and the most
important decision you will make. It will also probably be the most expensive.
Therefore, do so wisely, seek the advise of friends and legal people and
spear no expense (easy to say I know but of utmost importance. I'm not saying
that the most expensive is the best but if that is the case then get them,
it's hopefully a one time deal). It's been my experience that every lawyer
that you talk to is a lawyer that your ex can not hire. In other words, once
you talk to a lawyer they then have a legal interest in the case and can
not represent your Ex. What I am saying is interview every lawyer in your
area but the least efficient. Yes, leave the dude for your ex. I was told
that the first time you petition the court for a change in custody is the
best shoot you have. After that it gets harder and harder and will eventually
take an extraordinary event for you to be successful. So make your first
attempt must be strong and convincing.
Remember too that lawyers specialize. Just because a lawyer
is good in one area does not mean they are good in others. Your lawyer must
be an accomplished child custody lawyer with credentials to prove his abilities.
One of the best ways I have to determine if a particular lawyer is right
for you is to is to talk to people who have direct have actually used the
lawyer for a similar type case. These people can also give you advice on
what they learned in their dealings with the court system. Keep in mind though
that you should not rely solely on the advice of friends and relatives.
Your local law library and must large public libraries have
a national listings of lawyers published by Martindale-Hubbell. This a very
good source of all round information about lawyers. It lists lawyers by state
and city and tells about a particular lawyer's background, area of practice,
honors, bar activities they've participated in, articles they have written
and many other things. Some of these things may not seem important to you
but in the legal community they carry a lot of weight. Martindale-Hubbell
also rate lawyers for their legal ability, their ethics and professionalism.
This alone can be a very big help.
If money is not an object and you want to make sure you have
the very best lawyer Martindale-Hubbell also publishes the Bar Register of
Preeminent Lawyers in the United States. This registrary categorizes only
those lawyers with the highest ratings, and organizes them into 34 specialized
fields of practice.
Check the record of any lawyer your are thinking about hiring.
An experienced lawyer's record should speak for itself. On possible way check
their record is through a verdict reporting service. Almost every law library
in larger cities has this service. In smaller communities you might simply
try asking the judge. Judges are suppose to be independent but, in many states
they are elected. In order to get re-elected they must at least try to keep
voters happy. They judge may not answer your questions about a particular
lawyer but it never hurts to ask. You might also learn a lot by what a judge
doesn't say. If for example I asked a judge if I would be making a mistake
by hiring a particular lawyer and he or she refused to comment I would take
a long hard look at hiring that lawyer.
Many lawyers work with others. Partners in their firm, paralegals,
aids etc. Ask who else will be working on your case and don't forget to check
the qualifications of these people also. Find out exactly who will be working
on your case.
You should also ask what direction the lawyer suggests for
your case. Think twice about someone who gives you lots of assurances but
offers little concrete information.
I said earlier spare no expense, but that doesn't mean the
most expensive the best. However at this point cost is not an issue because
you will cough up a lot of cash before its over. Your child's best interest
is what is important. You can not put a price on ensuring your child as a
bright future. Remember the rest of child's life is at stake.
From a personal point of view it has been my experience that
a child custody case is held in the county that the child has lived the majority
of the time in the last six months (probably prior to initiation) So if you
have temporary or permanent custody move as far away as possible making it
financially difficult for the other party to win the case (consult your lawyer
first). It is expensive to have a lawyer and yourself travel hundreds of
miles just to have the trial suspended. And if her lawyer lives in the same
area as you correspondence can be expensive and in my opinion much less adequate.
If you have the children and want to move before you initiate permanent or
sole custody be aware that you to give the other party 30 days written notice
before you can move (this may vary from state to state so ask your lawyer
for the laws in your area). This is done so your Ex will have adequate time
to take you to court and try to stop you. However, if you can show that the
move is in the best interest for you and your children the courts might not
interfere, just don"t give in to unreasonable conditions such as trial
suspensions, paying partial expenses for your ex's travel etc. Hopefully,
you and your lawyer will be smart enough to foresee these possible conditions
and be prepared to make the most out of it. Once again the knowledge of your
attorney is of utmost importance just as your knowledge should be as good
as possible. That is why you should research legal cases or find out about
friends cases to better your understanding of strategies used successfully
to win such cases. This is a good way to determine good lawyers and good
practices. If you determine good lawyers and good practices. If you find
out you can get a better lawyer then do so. One thing about having a new
law lawyer is that you can use it to buy time ( good if your on the other
end of a long distance law suite) and to be in court with the best lawyer
available. This will in the end be more expensive but if you end up with
a better lawyer than your Ex the better off you are. Also if your lawyer
is a former colleague of the judge or just a friend of the judge this will
be to your advantage. This may seem unfair but such is life.
To summarize what I just said. Lawyers have limitations and
are not always aware of the multitude of regulations. Unless you are able
to provide your lawyer with the incentive to research these regulations there
is a good chance he won't. Remember you are not your lawyers only client.
He makes his money by selling his time and there are only 24 hours in a day.
So he is naturally going to spend his time on subjects he feels comfortable
with. You need to convince him it is to his advantage to learn more about
the laws and regulations specific to your case. Even though lawyers have
completed a lot of school and passed the bar exam they do not know every
thing. This is why an experienced lawyer is worth two young enthusiastic
lawyers.
Never forget though that your lawyer works for you. After
you have decided on a lawyer the very first thing you should is to have the
fee agreement put into writing. You should know what the hourly rate is,
how much it cost for filing fees etc. You should also make a point to find
out what you can do yourself. It is a whole lot cheaper for your to get copies
of documents such as marriage certificates, your divorce papers etc. than
to pay your lawyer to do it.
On of the most import things you can do is to stay in touch
with your lawyer. Make follow up appoints just like you would at a doctor.
Also make appoints to call your lawyer or to have your lawyer call you. This
will avoid seemingly endless games of phone tag. Be sure to follow through
with what you say you are going to do.
You should have all your paper work together to present to
your lawyer. Set down in advance and write out the facts of your case. Why
it would be in the best interest of your child to live with you and not your
ex. Take your time when you do this and don't let your emotions or anger
at your ex enter into what you write. Put down only facts and not opinions
or speculation.