Family Law Q & A
I'm
concerned that I may be on the verge of divorce. What should I do?
Choosing a Family Law Attorney:
Some suggestions for those seeking a Family Law attorney:
1. When selecting an attorney from a Yellow Pages or other
ad, notice whether they claim to handle many areas of law. If considering a lawyer
recommended by a friend, ask what type of legal matter they handled for the friend. As
explained below, Family Law requires skills that a "jack of all trades" lacks.
2. Get a retainer agreement from the attorney or firm and
read it very carefully. The retainer is a binding contract between you
and the attorney.
3. What about mediation?
As my
profile page indicates, I served as a professional mediator for the Superior Court of New Jersey when I served as a Law Clerk in the Family Part, and have served as a professional
Family Law mediator since opening my practice. When parties are unsure exactly what they want and whats fair,
but are determined to proceed in an amicable and honest fashion, mediation
is absolutely preferable to the adversarial system. It costs less,
it takes less time, and it usually results in a resolution that is far
more satisfying to both parties. For
about the cost of a single contested motion, we work together to find
"win-win" solutions and to draft and execute a settlement
agreement. Each party is then advised to have the agreement checked
by independent counsel.
4. During the initial consultation, keep the following
questions in mind:
Basic Questions
• What percentage of your practice is
devoted to Family Law?
•Did you serve as a law clerk in the Family Part?
•Why did you become a Family Law attorney?
•Do you frequently handle complicated or large asset cases?
•Do you have standard charges for various tasks?
•Do you charge interest on an unpaid balance?
•Assertiveness and Tenacity
My Answers to the Same Questions
• What percentage of your practice is
devoted to Family Law?
• Did you serve as a law clerk in the Family Part?
•What are the changes in Family Law, and how do they effect my case?
•Why did you become a Family Law attorney?
•Do you frequently handle complicated or large asset cases?
• Do you have standard charges for various tasks?
•Are you a member of the AAML? Would you like to be?
•Do you charge interest on an unpaid balance?
•Assertiveness and Tenacity
•Legal Fees
•Trust your "gut feeling"
•What percentage of your practice is devoted to Family Law?
Family Law is no area for general practitioners or
"jacks of all trades." An attorney who may be excellent in other
areas of the law may not have the particular skills and dedication that being an effective
Family Law advocate requires. A good rule of thumb is to find an attorney who devotes at
least 80 percent of their practice to Family Law. The most significant criteria for
selecting a Family Law attorney are knowledge of and experience in family law.
Back to questions
My Answer
• Did you serve as a law clerk in the Family Part?
Clerking for a family law judge is a unique experience which
is almost impossible to duplicate by practicing law alone. As a law clerk, a
recent law school graduate works for and with a Superior Court judge for a one year term, reviewing literally thousands of cases while
observing and participating in the decision-making process. Perhaps most
importantly, a
law clerk has the opportunity to learn from the mistakes of lawyers by seeing what not to
do.
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My Answer
• Why did you become a Family Law attorney?
At some firms, Family Law is viewed as
being extremely
profitable. While every attorney has expenses to meet, and some deserve to
make a decent living at what they do, an attorney who cannot provide a convincing answer
as to why they specialize in Family Law (profit aside) is someone you may not wish to
retain.
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My Answer
• Do you frequently handle complicated or large asset
cases?
If
you and your spouse own large corporations with complex buy-sell agreements, you may need
to pursue a mega-firm to handle your divorce. But if your
case is closer to the middle to upper-middle class average, I believe you should steer
clear of the large firms. A smaller firm or sole practioner that specializes in Family Law
will usually be more responsive and will always be less expensive than the mega-firms.
Back to questions
My Answer
• Do you have standard charges for various tasks?
Read the firm's retainer agreement carefully. If your
potential attorney or firm has "standard charges" -- for example, a minimum for
court appearances, leave immediately and look elsewhere. Under no circumstances should a
firm expect to be paid more than their hourly rate for "special services" such
as court appearances or depositions.
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My Answer
•Do you charge interest on an unpaid
balance?
Most attorneys work on a forward-billing basis. However, if
your case becomes involved, it may not be possible to continue pre-paying for legal
services. Most attorneys will seek to secure their fees against marital assets that will eventually be sold,
and will agree to a monthly payment arrangement in
the interim. Avoid a firm that seeks to charge interest on an unpaid balance.
Again, read the retainer agreement very carefully.
Back to questions
My Answer
• Assertiveness and Tenacity
Make sure you choose an attorney who is willing and able
to adapt to your changing needs. Though you may want a lawyer who is sensitive and
compassionate toward you and always ready to reach a fair settlement
agreement, keep in mind that these qualities alone are insufficient. There
may be times when your attorney must be assertive and tenacious, especially when dealing
with your spouse, your spouse's attorney, and the Court. A lawyer who exudes strength and
confidence during your initial interview is more likely to be able to be aggressive
if the need arises.
Back to questions
My Answer
My Answers to the Same Questions
• Coincidentally, I seem to score very high
on the criteria I suggest for choosing a Family Law attorney.
• What percentage of your practice is
devoted to Family Law?
About 90% is family law and family law appeals. The remaining
10% is general practice, including one fairly complex class-action federal
civil rights matter.
Back to questions
• Did you serve as a law clerk in the
Family Part?
I did indeed. I
served under the Hon. Donald W. de Cordova,
Chancery Division, Family Part during the 1996 term.
Back to questions
• What are the changes in Family Law,
and how do they effect my case?
Talk to me. The law is changing (for example, there is no
more "visitation" - the correct legal term is now "Parenting Time").
New mediation requirements are on the horizon, as well as further movement
toward shared parenting becoming a presumption, although many of the bills are being hotly debated.
Back to questions
• Why did you become a Family Law
attorney?
I went through the system myself while in the midst of
studying for the Graduate Record Examination with hope of earning a PhD in history. At a
low point in my experience in 1992, I literally threw away the G.R.E. book and picked up the Law
School Aptitude Test book. Years later, I now have residential custody of my son and have worked in the Family
Court as a law clerk, which has given me a lot of perspective on all the various aspects of being
involved in the system. I know how hard it can be - emotionally and financially - to
be a litigant in Family Court. I went into law school with a strong Family Law focus,
determined to become an effective and reasonably-priced zealous advocate.
Back to questions
• Do you frequently handle complicated
or large asset cases?
While the majority of my my clients are middle
to upper-middle-class, I have handled complex and large asset matters with
equitable distribution involving several million dollars.
Back to questions
• Do you have standard charges for
various tasks?
Absolutely not. Although I offer flat-fee rates for some
tasks (such as an uncontested divorce), I strongly believe that any firm that charges
"flat fees" for tasks such as a court appearance is to be avoided.
Back to questions
• Are you a member of the AAML or a
state-certified Matrimonial Attorney? Would you like to be?
Never have been, never will be.
I think I explain why on the previous
page.
My personal opinion is to avoid these
attorneys. Let me provide two brief but illustrative examples why I
feel this way:
When I was a law clerk, I witnessed two AAML attorneys
litigating which parent should pay for a child's college education. There is one Supreme
Court case (Newburg v. Arrigo) that completely controls the issue. Although both attorneys
submitted briefs, neither of the AAML attorneys (who were charging $275 and $300 an hour
each) even mentioned the case. While I would certainly not go so far as to say that
they're all incompetent, I would go so far as to say that better lawyers are available at lower prices. This is my opinion only, based on my experience clerking and based on my
experience as a practicing Family Law attorney.
Another example: When I was a law student, I attended an
American Trial Lawyers Association convention. A very well-known and ridiculously
overpriced matrimonial lawyer (EG) was giving a lecture on family law. He gleefully discussed a
recent case wherein a man in Australia had wired him $15,000 to handle a custody matter.
The lawyer clapped his hands together and rubbed them, saying "he wired me $15,000! I
had an associate deal with the situation in just a few hours . . . " and later he
said "I didn't get into this line of work to save humanity -- I got into it to make
money!" He went on to instruct the members in attendance in the most effective ways
to increase billings and how to attach client's assets to satisfy overdue
bills.
Back to questions
• Do you charge interest on an unpaid
balance?
I try to work with clients on payment issues. While I usually
insist on forward-billing, if a client cannot afford this, I generally will make payment
arrangements that fit into the client's budget. So long as the client keeps to the
arrangement (e.g. doesn't completely disregard the bill) I do not charge interest.
Back to questions
• Assertiveness and Tenacity
Theodore Roosevelt said it best - "talk softly, but
carry a big stick." Settling on fair and amicable grounds is always preferable, and I seek to do this when it is in a client's best interests to do so; but if this
becomes impossible, I enjoy the process of demonstrating the justice of our cause and prevailing in court.
Back to questions
• Legal Fees
My concentration is on effective representation, not on maintaining an
expensive image. I provide professional, aggressive representation at
reasonable rates.
Back to questions
• Trust your "gut feeling"
Office consultations are provided
in complete confidence and without charge. If
you don't feel I'm the right attorney for your case, I will be happy to discuss the
reputation of other attorneys in the area, and even provide you
with the names of other attorneys I'd recommend.
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