Lawyers are expensive. When you hire a lawyer, you often pay more than you can afford. Given what you pay for that person’s expertise, it is helpful to your case to listen to your attorney and take his/her advice.
Why do lawyers cost so much? There are many reasons lawyers are so expensive. First they spend several years in law school. I know my years in law school were some of the toughest with the majority of my time spent studying. And if I wasn’t studying, I was sleeping. There wasn’t much time for anything other than going to class, researching, writing, reading, and studying. Everything else in your life is on hold to become a lawyer.
When a lawyer gives you a piece of advice, it is backed by knowledge of the law, years of experience, knowledge of the courts, and how the courts handle situations similar to yours. Two of the hardest things to learn when studying the law is that there is nothing black and white and the law isn’t always fair or logical.
Another reason lawyers aren’t cheap is that the law is ever-changing. In Texas, the Legislature meets every two years. And with that comes new laws and revisions of existing laws. Further, every law is subject to interpretation by the courts. As a result, appeals courts and the Supreme Court of the State of Texas spend their time hearing cases that have been appealed and interpreting the law based on the facts of each case. Because every case is different, the application of a statute in one case will produce one result while applying that same law in another case will produce yet a different result. It is the responsibility of your lawyer to recognize the subtle difference(s) from one case to another to determine what he or she believes will happen in your case or how the law should be applied in your situation. Law school teaches you to “think like a lawyer” and it is that thought process that guides your lawyer in counseling you about your case.
When a lawyer practices law in front of the same judges every day, he/she learns how those judges react and rule in certain situations. Although a lawyer can never predict what will happen in your case with absolute certainty, that lawyer can get pretty close in some instances based on experience in your court.
Using her knowledge of the law, knowledge of the courts, and experience, a lawyer will give you advise that will best help your case and structure your case to give you the best possible outcome. That advice is rooted in a great deal of knowledge.
Because you spend so much on your lawyer, it is crucial you trust that person. Your lawyer may very well give you advice you either do not agree with or do not understand. If you do not understand what your attorney asks of you then by all means ask for her reasoning behind it. I am certain there is a specific reason for that advice that will be of benefit to your case. If you choose not to follow your lawyer’s advice, you have to expect legal consequences that will harm your situation.
If for whatever reason you do not trust your attorney, find one you do trust.
There are a multitude of factors that lead to an attorneys advice: statutes, case law, the court’s tendency given the facts of your case, and/or mitigation of facts that may harm your case. Every single situation or case is different. Your situation may seem identical to your friend’s situation and in your friend’s situation she did not have to do what your lawyer is asking you to do. But you may be in a different court or there may be some difference in your situations that may seem subtle or meaningless to you but has great significance. Your lawyer is going to spot that.
I recommend making sure you understand exactly what your attorney is asking of you so you understand the meaning or reasoning behind it. If after hearing your attorney’s purpose of his/her request, you do not trust your lawyer, then find a lawyer you do trust. A good lawyer is not going to tell you everything you want to hear. A good lawyer is going to tell you everything you need to hear.
Ami J. Decker
www.famlawtex.com
Tarrant County Family Law
Showing posts with label family law lawyer. Show all posts
Showing posts with label family law lawyer. Show all posts
Saturday, April 20, 2013
Thursday, November 22, 2012
Adoption in Texas
Family law attorneys handle all kinds of legal matters that are not known for their pleasantness - divorce, custody, child support, etc. Although helping people with their family issues is rewarding, one of the most rewarding things we help people with is adoption.
An adoption is the beginning of a new life not only for the child but for the parents and the entire family. And what a wonderful thing to be a part of and to help make happen!
Adoption is a two-step process. First you must terminate the rights of the biological parents, followed by the actual adoption; step two.
Occasionally a mother will call me wanting her husband to adopt her child but she doesn’t really want to notify the biological father. Unfortunately, that can’t happen. The biological father must be told of the adoption. Sometimes the father will agree to have his rights terminated so the stepfather can adopt. When that happens, it makes the adoption much easier in that the biological father will sign an affidavit of relinquishment of parental rights. When the biological parent or parents will not agree to relinquish his or her parental rights, you have to have a full trial where you must prove that it is in the best interest of the child to terminate the biological parents’ parental rights and prove any one of the statutory reasons for terminating parental rights.
Once the parental rights of the biological parents are terminated, the adoption is pretty much a formality.
I also have people ask me if they can do their adoption on their own without a lawyer. I do not recommend someone attempt to do so. Termination and adoption is a very technical paper-driven process and if you have not done everything exactly right and filed the correct paperwork with the Court, you will not be successful in your adoption.
If all the paperwork and pleadings are not in order, you might show up to the final trial only to be turned away because something is missing or incorrect. Further, if you complete your termination and adoption and one thing is wrong, someone can call in question a part of the process or procedure which means the adoption could be reversed. Something like that could be devastating to the child, the parents, and the family.
In Tarrant County, Texas, the judges like the termination trial and adoption to happen on the same day whenever possible. In Child Protective Services cases that can’t always happen but in private cases, the judges want the termination and adoption to happen all at once so that a child is not left fatherless, motherless, or parentless for any period of time.
When all the paperwork is in order, in Tarrant County, the judges do a great job of making adoption day something special not only for the adopted children and the parents, but for the entire family and their friends. The judges include everyone in the hearing; some will even swear in the children at the same time as everyone else just so they feel a part of the process. The judges do things at an adoption they don’t allow any other time. The entire group of people, family and friends are allowed to approach the bench for the actual (and very brief) adoption hearing. Taking pictures is not only allowed but encouraged. The judge even allows the immediate family to take the steps up to the bench where the judge sits for a photo opportunity with the judge. With all the ugly things judges see in family law courts, they love adoptions too.
Adoption can be a rewarding event for everyone involved. If you are looking for an adoption of any kind, I highly recommend meeting with an attorney and eventually hiring one to make sure everything is done correctly. As rewarding as an adoption can be, if it is not done properly, it can be a nightmare for the children and parents.
Ami J. Decker
www.famlawtex.com
An adoption is the beginning of a new life not only for the child but for the parents and the entire family. And what a wonderful thing to be a part of and to help make happen!
Adoption is a two-step process. First you must terminate the rights of the biological parents, followed by the actual adoption; step two.
Occasionally a mother will call me wanting her husband to adopt her child but she doesn’t really want to notify the biological father. Unfortunately, that can’t happen. The biological father must be told of the adoption. Sometimes the father will agree to have his rights terminated so the stepfather can adopt. When that happens, it makes the adoption much easier in that the biological father will sign an affidavit of relinquishment of parental rights. When the biological parent or parents will not agree to relinquish his or her parental rights, you have to have a full trial where you must prove that it is in the best interest of the child to terminate the biological parents’ parental rights and prove any one of the statutory reasons for terminating parental rights.
Once the parental rights of the biological parents are terminated, the adoption is pretty much a formality.
I also have people ask me if they can do their adoption on their own without a lawyer. I do not recommend someone attempt to do so. Termination and adoption is a very technical paper-driven process and if you have not done everything exactly right and filed the correct paperwork with the Court, you will not be successful in your adoption.
If all the paperwork and pleadings are not in order, you might show up to the final trial only to be turned away because something is missing or incorrect. Further, if you complete your termination and adoption and one thing is wrong, someone can call in question a part of the process or procedure which means the adoption could be reversed. Something like that could be devastating to the child, the parents, and the family.
In Tarrant County, Texas, the judges like the termination trial and adoption to happen on the same day whenever possible. In Child Protective Services cases that can’t always happen but in private cases, the judges want the termination and adoption to happen all at once so that a child is not left fatherless, motherless, or parentless for any period of time.
When all the paperwork is in order, in Tarrant County, the judges do a great job of making adoption day something special not only for the adopted children and the parents, but for the entire family and their friends. The judges include everyone in the hearing; some will even swear in the children at the same time as everyone else just so they feel a part of the process. The judges do things at an adoption they don’t allow any other time. The entire group of people, family and friends are allowed to approach the bench for the actual (and very brief) adoption hearing. Taking pictures is not only allowed but encouraged. The judge even allows the immediate family to take the steps up to the bench where the judge sits for a photo opportunity with the judge. With all the ugly things judges see in family law courts, they love adoptions too.
Adoption can be a rewarding event for everyone involved. If you are looking for an adoption of any kind, I highly recommend meeting with an attorney and eventually hiring one to make sure everything is done correctly. As rewarding as an adoption can be, if it is not done properly, it can be a nightmare for the children and parents.
Ami J. Decker
www.famlawtex.com
Monday, July 16, 2012
Introduction to The Decker Law Firm, a Fort Worth Family Law Firm
We are trying out some videos. This one is an introduction to The Decker Law Firm. Tell me what topics you would like to see us cover in a video.
Sunday, January 1, 2012
How to Choose a Family Law Lawyer
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
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
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