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What to Expect at Your Attorney Consultation

Pre-pandemic, almost all attorney consultations were in person.  Now with COVID-19, many attorneys are offering virtual consultations via Zoom or by telephone.     The information you share with the attorney at the consultation is confidential, and you do not need to be concerned with other people knowing what was said or discussed.  The length of consultations varies.

The purpose of a consultation is for the attorney to learn more about your specific legal issues and concerns.  While  one hour is not enough time to  explain all the various aspects of your family law case, it is typically long enough for you and the attorney to see  if  are comfortable with each other and whether you both believe it is a good idea  to enter an attorney/ client relationship.  It is not a “one size fits all”.  You may not be a good client for every attorney, and every attorney may not be a good fit for you.

Prior to attending the consultation, you should have a good idea of your assets and household income, as well as debts.  You should think about what you want to accomplish.  Many clients come in with a lot of questions and uncertainty about the future –and that is perfectly normal.  Even with uncertainty, try to picture what you want the end result to look like.  When you are divorced and your case is settled, how do you envision yourself?   This does not mean that you will end up getting everything on your “wish list,” but it is important to communicate your goals with your attorney.   Although this may be difficult, try to picture your preferred custody schedule.  People often ask about “joint custody” versus “primary custody.”  In our experience, those terms may cause parents to get hung up and focused on “winning.”   However, it usually works better if mom and dad can agree on what the specific schedule looks like in terms of time spent with each parent.

During the consultation, you should be prepared to ask the attorney questions.  How does the attorney see his/her role if you hired by you?  We believe that our role is to be open and honest with our clients even when they may not like the answer.    We want to share our experience and provide guidance on how the process may play out.  Some attorneys are more than happy to aggressively pursue a course of action that has little chance of success.  Even if we provide you guidance, you may still decide it is worth the risk to pursue the course of action, and there is nothing wrong about your decision as long as you are informed and understand the risks in any given situation.  If you meet with 3 attorneys for consultations and one of them tells you things that seem too good to be true, then it probably is.

Meeting with an attorney does not mean you will spend a lot of time in court or that you have to go down the path of litigation.  Most of our clients work out a settlement without setting a foot into the court room.  However, if you are not educated and informed of your rights, a quick settlement proposed by your soon to be ex-spouse may have negative consequences that no attorney can undo. It is crucial to make an informed decision only after receiving sound legal advice.

If you have any questions related to this article or a question related to divorce, please contact us at 704-243-9693 or visit us at www.coxlawfirm.com