divorce attorney

The Benefit of Hiring a Family Law Attorney

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In times of economic downturn, it can appear that hiring an attorney for your divorce or paternity matter is too expensive of an investment. In the Wisconsin, anybody can file a divorce, paternity, or other family law related matter without an attorney. It is an especially attractive idea when the other parent or party in the action appears to agree with all the issues that may arise in family law related matters. However, things can quickly change in family law cases (which includes divorce, initial paternities, requests to change placement, custody or child support, or requests to change maintenance or alimony, etc.). Hiring an attorney can be an extremely helpful investment in the following circumstances:

  • Attorneys who commonly practice in the family law area are familiar with what Court Commissioners and Judges expect to hear in these cases. For example, if you are requesting a change in placement, the Court will need to understand when the last order regarding placement occurred, and the type of change that may have occurred to show why a change may be in a child’s best interest.
  • Attorneys know what paperwork needs to be filed to effectively use your Court time and ensure that your case is heard. For example, some counties require specific documentation to be filed to get a court date in a divorce proceeding.
  • Attorneys know why certain agreements may be very helpful to avoid returning to court, or may have unintended, negative consequences. For example, if parties agree to divide a 401k in a divorce, certain, specific paperwork is needed to divide the 401k without incurring penalties or incurring avoidable tax consequences to either party.
  • In cases involving domestic violence, having an attorney can ensure appropriate communication, or even avoid the need for a victim to communicate with an abusive partner. Family law attorneys can help navigate restraining orders between parties as well.
  • Attorneys can help educate parties as to what goals can reasonably be accomplished in a Court action and help inform parties as to more resources that may be available to families outside of having a trial in front of a judge. For example, parents may benefit from a therapist’s assistance to help parent better communicate and work together for the benefit of the children. The input from a therapist may be more helpful to these parents than what a Judge may order.
  • Attorneys can be helpful in providing possible solutions that will likely be approved by a Court Commissioner or judge. For example, an attorney knows what factors to look for in determining what a child support order should be and may be able to obtain more information regarding the other parent’s income if that parent is uncooperative. The attorney will also understand how information regarding income and placement time is used to determine an appropriate child support order.
  • Some decisions made during an initial action cannot be changed or are difficult to change, so if you do not have an attorney you might make a mistake that cannot be undone!

These are just a few examples of how hiring an attorney can be very helpful and even necessary in navigating a family law matter. As is often the case in legal matters involving the family, these issues can be very emotional for parties. Attorneys who practice family law understand that these cases can feel overwhelming and even scary because these issues are so important to the parties involved. It is an attorney’s job to offer expertise in the legal process and offer rational advice to their clients. Making well informed decisions can help you avoid coming back to Court in the future and can help parties confidently move forward with their lives. If you feel you could benefit from the advice of an attorney in your family law matter, please call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

BEWARE OF GIMMICKS AND FLAT FEES WHEN HIRING A DIVORCE ATTORNEY!

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In this digital age, there is much competition among any business but, in particular, among lawyers.  Most lawyers practice in one particular area or niche such as personal injury, drunk driving, bankruptcy or divorce.  We have all seen the commercials which can be tacky, harsh or, frankly, even embarrassing!

In some areas of the law, many lawyers ascribe to the quantity over quality philosophy.  Their goal is to get as many clients in the door as possible and they often succeed.  However, that does not mean they are good attorneys or provide quality representation to their clients.  It simply means they are good at advertising.

In the area of divorce or family law, it is even more important to stay away from this gimmicky type of advertising.  Your entire future, and the future of your children, could depend on your attorney.  You need to have experienced and caring representation to guide you through what can be the most difficult time in your life.  So, what can you do to ensure you pick the right divorce attorney?

Most people start with an internet search.  Searching for terms such as experienced divorce attorney/lawyer or best divorce attorney/lawyer in your specific city or county is typically a good place to start.  This will bring up a list of attorneys either in the Google Business Pages (in the directory with the map) or the organic search engine results.  Most search engines have an algorithm which takes into account a variety of factors.  However, the attorneys at the top of these search results are typically (a) the attorneys who have the most and highest reviews and (b) attorneys who have the most long- standing websites. Therefore, these attorneys are typically the ones who are the most experienced and highly rated attorneys in your area.  But, buyer beware, some attorneys listed high in either results may also just be the ones who pay the most to advertise.  Make close note if the word “ad” appears next to or within the listing.  This means that the attorney has paid to appear high on the page or high on the Google Business listing results.

Once you choose an attorney or law firm to look at from these results, you need to investigate further.  First, go to their website and check it out.  Who are their attorneys?  Look at their profiles and what is their experience?  How long have they been attorneys? Do they have any awards or specific recognitions identified?  What are their practice areas?  What is their philosophy about the area of law they are practicing in?  Having the most attorneys or a high number of attorneys doesn’t mean much in the area of divorce law. 

Next, look at the details of the firm itself.  Where are they located?  Is this a convenient location for you?  In what areas or counties do they practice?  If they limit their practice areas, that means they are familiar with and are well known in those particular counties.  This will help you and your case.  Has the firm received any awards or recognitions?   Do they offer free consultations, or do they charge for their consultations?  Do they discuss fees on their website?

When discussing fees, beware of gimmicks! If it is too good to be true, it probably is! Many lawyers are advertising flat rate fees now.  However, the economics of a divorce and a law firm are not very conducive to flat rates.  For example, if a firm has numerous lawyers, they have to be paid somehow.  If they have numerous locations, the rent and expenses need to be paid in all of those locations.  So, either the flat rate is often very high from the start or there will be a “catch.”  It will say “starting at” or the flat amount will only cover a certain part of the divorce.  A recent case with one of these law firms had one party paying a $7,000 flat rate but, because it was a simple divorce, the other party whose lawyer charged hourly only paid about $3,500 in total fees.  While it is predictable at the start, a flat rate is NOT always a good deal. And what happens when the simple divorce becomes not so simple? Will the firm demand more money to continue on the case?  What if your case demands attention, such as the issuance of subpoenas or depositions, but your flat fee does not cover that?   If you are contemplating hiring one of these attorneys, read the contract very carefully and make sure you understand ALL of the terms.

What is also crucial when selecting an attorney is to know who will be with you throughout your case. Will your file remain with the attorney who you hire, or will you be shuffled around the firm? Having consistency in your representation is so very important. Without this, you are telling your story over and over and lacking continuity of representation.

You should also check the reviews for the attorney and law firm.  The reviews should be from an independent, neutral source like Google or Yelp, not the reviews which are posted on the attorney’s website. Reviews that are posted on the firms website are controlled by the firm. They can post the positive but leave out the critical.    In the area of family law, it is important to note that not all negative reviews are accurate since sometimes the opposing party is angry when a lawyer obtains a good result for their client so you should read those carefully. For more information on attorney reviews, please see our blog here:  Lawyer Reviews – Reader Beware!

Of course, a personal referral is also important when retaining a divorce attorney. Having a recommendation from a family member or friend can be the most valuable resources when considering attorneys.

Once you choose a lawyer or two who you feel will best meet our goals and objectives,  contact their office via email or telephone to schedule a consultation.  How does their staff treat you?  How do they handle appointments?  Do they answer your questions, especially about fees?  If a lawyer gets on the phone right away, that is not necessarily a good thing! That usually means that their lawyers are not busy.  Most well-respected attorneys have a healthy caseload and an appointment is required, just as if you were to call a doctor or any other professional to schedule an appointment.  On the other hand, if you can’t get an appointment for weeks, that is also not a good thing!  That means the attorney may not have time for you or your case. 

When meeting with the attorney, judge their demeanor.  Do they seem interested in you and your case?  Do they seem knowledgeable about the issues you may face?  Are they willing to answer your questions?  Keep in mind that lawyers cannot give you legal advice unless you are client, but experienced and caring lawyers can at least give you an idea as to what you may expect from your case.  Are they willing to explain their billing and office practices?

So, when hiring a divorce or family law attorney, shop around.  Ask questions.  Meet with more than one attorney.  As exhausting as that sounds, it is in your best interests to do so.  Go with your instincts and who you feel the most comfortable with.  Make sure the lawyer provides detailed, monthly billing and a detailed written fee agreement which clearly sets forth what you are being charged for and how the billing at that firm works.  Also make sure that the lawyer sets forth clearly the expectations for both you and your case.  A lawyer should be able to advise you how the process works, what you might expect and possible outcomes given the facts of your case. 

Any lawyer who can tell you what your divorce will cost or what results you will receive is not being truthful with you. There is no way to tell how the case will proceed.   Therefore, it is impossible to classify a divorce as “contested” or “uncontested” before it even begins. Those are factors that cannot be pre-determined or predicted and fees should not be decided up front based on unrealistic expectations or predictions about a case.  This is just a gimmick and should be treated with healthy skepticism.  It is more important that you find a divorce attorney with  reasonable fees, a reasonable retainer, and transparent billing practices, who is also experienced and caring.