Why Should You Trust Your Lawyer?

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

Children 12-Years and Older Do Not Decide Where They Live

Misconception:    In Texas, when my child is 12, he can decide which parent he wants to live with.

People approach me often and ask “Can’t my child decide to live with me when he turns 12?”  The answer is not really.                                   

Texas Family Code Section 153.009 says that if a party requests, the court must interview a child age 12 or older to determine the child’s wishes as to conservatorship or which parent he or she wants to determine his or her primary residence.  It is a common misconception if the child wants it, it will happen if he is 12 or older.   Because Texas Family Code Section 153.002 says that the best interest of the child must always be the court’s primary consideration, the judge’s interview with the child is merely evidence the Court will use to determine if primary custody switches from one parent to the other.  The Court has the discretion to determine how heavily to weigh what the child wants.

In Tarrant County, the younger the child, the less weight the child’s desire holds.  There are many other factors the Court will consider when determining if a child will be permitted to move from one parent’s home to the other parent’s home.  Why does the child want to move?  Is the parent pressuring or manipulating the child in some way? Has the parent promised to give the child something if the child chooses to live with him or her?  A car, perhaps?  Does the child have any medical or psychological issues? How is the child doing in school? Would the child have to change schools if he or she moved? Where are his or her siblings living?

In a divorce or custody suit, children have very little input, if any, regarding where they live.  The older the child, the more weight the judge will give to what the child wants, but the judge is not required by law to do what the child wants.  It all boils down to if it is in the best interest of the child.  The judge will look at the circumstances as a whole to determine what is in the best interest of the child. 

This does not address a situation where the child doesn’t want to visit a parent at all.  Children get no say in whether or not they see a parent.  The courts believe it is your job as a parent to encourage your child to visit the other parent.  Of course, this is provided there is no physical or sexual abuse, no drug issues, or alcohol abuse issues.

Ami J. Decker

www.famlawtex.com