Missouri Divorce and Family Law Blog : Kansas City Divorce Lawyer & Attorney : Wortman Law Firm

There are many attorneys that practice in the area of family law/divorce.   Choosing a family lawyer is an incredibly important decision, as it will have a direct impact on the time, cost, and outcome of the case, as well as how smoothly the case runs.  Some important things to consider:

1.      Trust.  This is the most important.  If you do not have the confidence and trust in your attorney, you should not hire them or continue with them if already involved in a case. 

2.      Find an attorney whose personality is compatible with yours, and whose style and approach will be effective for meeting your goals.    Even among the best family lawyers, not every attorney is best for every client, or every type of case.

3.      Your attorney should be up front with you from the first meeting about the merits of your case, and should be very clear about what you can expect.  Your attorney should keep you on the right side of the case and the court, and should be clear with you about all strengths and weakness in your case.  An effective family lawyer will make sure your expectations are in line with reality, and will not simply tell you what you want to hear.  Also, keep in mind that your attorney does not have a crystal ball, and cannot guarantee a particular outcome, but should give you a range of possibilities based on experience along with a cost vs. benefit analysis of any particular scenario.

4.      Consider hiring an attorney that focuses primarily on family law/divorce. Family law is a highly specialized area, and if your attorney is handling personal injury cases, workers compensation, social security, DUI's, etc., they may not have the experience, time, or patience that is required for your case.

5.      Be cautious of a family attorney that describes themselves as “aggressive”. This is a marketing buzzword, and there is a difference between an effective, zealous advocate, and a disrespectful, unprofessional, and/or abusive lawyer.  Make sure you know which you are dealing with, as the latter will do more harm than good.

6.      Be clear about the fee, and always ask for a written fee agreement.   Family attorneys typically charge by either an hourly rate or by fixed fee.  If paying hourly, ask for an estimate of time depending on how far the case goes.  If paying by fixed fee, make sure that you know what events in the case might trigger additional fixed fees.  Also, be sure you know if you are paying for expenses, such as mileage, copies, or postage, on top of time or fixed fee charges. 

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On August 20, 2008 the Advisory Commitee of the Supreme Court of Missouri issued a formal opinion that the practice of Collaborative law, a form of practice where clients agree from the outset to settle their case out of court through negotiation rather than litigation, is ethical and permissible in Missouri. 

In the area of family law, both parties and their attorneys formally agree that no documents will be filed with the court until the case is resolved.  Rather than taking a course of litigation, where papers are filed and served, discovery is exchanged, and the case is prepared for trial, the parties negotiate in a series of 4 way open discussions.  In these discussions, the parties agree not to go to court, or even threaten to, and all information is exchanged freely and openly to assist the attorneys in resolving the case in a cooperative manner.  In the rare event that the case is not settled, both parties must retain new trial counsel and the collaborative attorneys must withdraw.

The primary concern of the Advisory Committee was that the client understand the pros and cons of the collaborative process and sign a written consent and contract providing that the attorney has no choice but to withdraw should the case not settle.

Collaborative family law has been around for many years, and is quickly gaining momentum and popularity in Missouri as a superior way to resolve domestic relations cases

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The Pennsylvania Family Law Blog had a great post yesterday about why you need a lawyer for your divorce case.  The full article can be read here, and is summarized as follows:

A good divorce lawyer is part lawyer, part psychologist and part clergy. A good divorce lawyer also is indispensable if you are contemplating a divorce (or, for lawyers, if your client is doing so).

An experienced divorce lawyer will already be aware of the issues likely to arise in your case. This divorce lawyer knows the court rules and the court personnel. She knows the other practitioners in her area of expertise.  She knows the best appraisers (real estate, jewelry, pensions, etc.), the best therapists, and the best tax lawyers for this case.

Your divorce lawyer also brings certain unique skills to the case. He negotiates in a way that is designed to lessen antagonism with your child’s other parent, while still vigorously protecting your rights. He gives you advice that is geared to your family situation, not just your financial needs. 

These are all great points.  I would add the following:

Judges hold pro se litigants to the same strict standards and rules as attorneys, and honestly, most judges to not like people coming into court without an attorney.  

If the other side has an attorney that is worth their salt, the pro se litigant will have probably lost the case months before they even get to court.  Issues with jurisdiction, service, discovery, depositions, admissions, temporary orders, default, local rule compliance, etc. can blow the whole case.

Divorce is stressful enough without an experienced attorney who specializes in family law.  The attorney can take much of the burden off of the litigant, reduce the length of the case, and hopefully negotiate a settlement where everyone wins and nobody goes to court.  Its better that way, trust me.

You wouldn't perform your own surgery, why would you try to take on the court by yourself.  Divorce lawyers are here for a reason. 

The court is not going to accept those forms you downloaded from the Internet.  

Whatever your argument, the judge has heard it before.  The attorney knows how to pick the battles and keep you on the judges good side.

Family law is not like other areas of the law.  A skilled negotiator is superior to a combative lawyer or litigant who wants to fight about everything.

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