How do you find a lawyer that is right for you if you are going through a divorce, fighting a custody battle, or trying to get your ex-spouse to pay child support in Texas? First things first: It is important to choose a lawyer whose primary focus is family law. If you are located in a more rural area of Texas, most lawyers handle a variety of legal issues so look for someone who regularly handles family issues.
To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.
Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.
Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.
Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.
In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.
The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.
Ami J. Decker
www.famlawtex.com
Thanks Ami J. for such a descriptive and informative blog. I wish I had read your post 2 months ago, it would have helped me choosing a good lawyer.
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Personal Injury Attorney Las Vegas