Every lawyer handles initial consultation situation differently. Furthermore, since the laws of each state, county, and locality differ bases on where the lawyer is located, the conversation at the initial interview or “consultation” will change depending on that location. However, there are some basics you should know if you are talking with a divorce lawyer about your family law case for the first time.
As a lawyer, the chief goal for me in the initial consultation is to get the basics: who am I talking to, what is their address, what are the names of their spouses and children, why are they consulting with me? If a person is calling about a divorce, I will ask certain questions. If a person is calling me about a paternity case or a guardianship, I will ask different questions. The law changes based on each person’s situation.
The Divorce Consultation
Let us use a divorce consultation as an example. It is important that every lawyer schedule sufficient time to conduct a thorough consultation with you, the potential client. This is important because the lawyers needs to get as much information as possible in the initial consultation. A lot rides on it.
It is also important that the consultation be conducted using terminology that you, the client, understands. Nobody likes talking to a pompous person who uses language they can’t understand. I don’t have statistics, but I would guess that too many lawyers talk over people’s heads. Bad idea. When I consult with potential divorce clients, I use terminology that (I think) my clients understand. Ok, yes, I probably talk over people’s heads at times, but I do my best to make sure my clients are not just nodding their heads while their eyes glaze over.
Another problem that can come up in the initial divorce consultation is when the lawyer uses legal terms that the client doesn’t understand and the client doesn’t say anything about it. The client often thinks they should understand the legal terms even if they do not. The client may feel shy or dumb. They don’t speak up because they don’t want to look stupid. That is very unfortunate. If I am putting people in a position where they feel dumb for not understanding what I am saying, I am not being a very good lawyer.
Also, from my experience, everyone has a different way of absorbing information. Some people want to read information about a divorce, while others want to listen to me talk about the divorce. Some people take notes, some people don’t. Some people want me to simply do everything so they don’t have to worry about it.
I always encourage my clients to take notes if they want to. It is much better for me if the potential client takes notes and knows what is going on – not just in the initial consultation, but throughout the case. The best client for me is the one who is diligent about their case, takes notes, thinks about things, and keeps me up-to-date on any changes in their case.
Furthermore, if you bring a friend or relative with you to the initial client interview, you should be aware that the lawyer will explain that all discussion between the potential client and the lawyer are confidential. The divorce lawyer will not speak publicly about the case or consultation to anyone else, but the friend is not required by any law to keep the conversation discreet. The potential client should be aware of this.
Finally, I try to explain what are called the “procedural” and “substantive” areas of the case to the potential client in the initial consultation. Procedural areas are things that must take place with the court before the divorce can go forward and then proceed smoothly to an end. Procedural areas concern things like fees, paperwork, deadlines, response times, etc. These are very important things and they give a timeline and a flow to the divorce proceeding. Substantive areas are, basically, the law as it relates to the client’s case. For example, if a client thinks they may be entitled to alimony, then I need to get a few facts and then apply those facts to the substantive law in my state. I must explain how the substantive law in the state may affect their alimony or “maintenance” claim.
Those are some initial thoughts on what clients should know about the initial lawyer consultation. If you have further question on the matter, don’t be afraid to leave a comment.
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