Spotting Mistakes in Family Court Proceedings
The family courts handle a variety of cases including divorce, child custody, child support, spousal support, modifications of current court orders, relocation, contempt of court actions, domestic violence, and adoption, among others. The basis procedure for family court is as follows: Each party is required to submit financial disclosures to the court in the form of a financial affidavit. Requests for temporary orders of support and/or custody need to be filed with the court , and include supporting affidavits. The court will schedule a hearing to address these temporary issues (the date of the hearing will be dictated by when an affidavit in opposition is filed with the court). The final disposition of the case will require a Proof hearing where the parties will testify under oath before the judge about their financial circumstances and other relevant information pertaining to the request for relief.
The Perks of Speaking with Family Court Attorneys
Baton Rouge Family Court lawyers provide free consultations to clients in order to provide them with necessary legal advice about their family law issues. That legal advice which can be given in a typical consultation involves a family law lawyer discussing the pertinent Louisiana family code and case law with the client. At times, this can include local rules and procedures of the family court. This gives the client a good working knowledge of the family law issue they are facing. The lawyer can not provide highly personal bits of legal advice without a more detailed analysis of the facts involved in a case, and that usually must be reserved for a paid consultation.
In addition to providing legal advice and insight, a family court lawyer can assist a client with properly preparing of a case. Properly preparing a case means being able to gather the appropriate discovery requests like interrogatories (basically written questions that need to be answered), requests for production (basically requests for documents), requests for admissions, subpoenas, etc. It can also mean knowing exactly how to conduct the hearing itself if a lawyer is going to be handling a particular matter for the client.
A lawyer knows the appropriate way to lay out the exhibits to submit to the court. Family law lawyers know the appropriate way to introduce evidence and have the evidence entered into the court record. In family court, there is a lot of evidence that comes from outside of the court, like testimony of witnesses who live outside of state.
At the same time, a lawyer who practices family law can better assist his clients in being prepared to sit down and negotiate with the opposing side. A lawyer can take the emotional aspect out of negotiations and help their client make reasoned decisions about settlement propositions.
Tackling the Topic: Family Court Lawyers Near By
You can go about finding local family court lawyers in many ways. You can join an online service and search for child custody lawyers, or use general internet searches like you would if you were looking for specifics like child support lawyers or visitation lawyers. Or you can use services that match you with lawyers based on your location.
You can use online company directories to find lawyers in your area. Also, family courts themselves may provide information on lawyers in your area who can help you. On their websites, you may find a "Lawyer Referral Service".
One of the best ways to increase your chances of finding a good lawyer is to ask for and be ready to accept a referral from family and friends. Someone in your social circle can give you the heads-up on the nature of a family law attorney. You’ll learn how that person’s case went, what the lawyer’s fees are, and whether contacting that attorney is going to cost you lots of money.
For example, you will want to get a good, firm idea about the lawyer’s fees before you proceed. Child custody lawyers are usually going to expect you to deposit a certain amount in trust in advance to pay for representation, but that amount varies. You’ll want to know …
For a free consultation about any family law issues you have, you should also consider contacting a family law attorney in your area and ask them in person.
Anticipating a Free Consultation
When meeting with our office the first time you will meet with one or more of our attorneys. This is often referred to as a free consultation. The meeting will often last approximately one hour. This gives us time to determine whether or not we are able to assist you with your case. If we accept your case, then we will establish an attorney-client relationship if we do not feel we can help you then we will refer you to someone outside our office who may be able to help. We will not charge you for that first meeting.
At the initial meeting, we will ask you some basic questions regarding your situation and goals for the future. As lawyers, we have a few areas of law with which we concentrate our practice in. This may be child support, custody, divorce, domestic violence, or some combination of these issues. Alternatively, we may discuss estate planning or guardianship issues. Often, once we have met with you, we will give you some homework. This may be to do a background search on the other party or research the relevant law so we can better advise you regarding the case. Based on the facts of your specific situation, we may make some general recommendations. This could include something as simple as a referral to a therapist if that is appropriate. At this meeting, we advise you of what we expect from you in order for us to effectively help you with your case. We will answer your questions to the best of our ability and begin establishing a working relationship with you.
Things to Bring to Meet Your Lawyer
Gathering the required documents, outlining how the divorce has affected you, and pretty much everything else we need for this appointment should be fairly easy for you to achieve.
One of the things that I often find people actually struggle quite a bit with is sharing some basic information about the relationship. This can often be an emotional experience, and people struggle to be honest, or to reduce some of the drama that may have surrounded the separation. Other people will struggle because they’re just not certain on what it is that they should share.
Think of our initial appointment as us going through a list of things that will need to be discussed. Then, as we sit there, we can lay out either a process for getting those things hammer out, or we can go ahead and get started with that process at our appointment.
The first thing we want you to do is to gather up all of any documents that are related to your finances or your relationships such as:
• Property deeds
• Bank account statements
• Credit card statements
• Your monthly expenses
• Paystubs
• Tax returns
• Insurance information
• Information regarding any debts
• And anything else you can think of!
Next, we’ll outline how the relationship was like the relationship was like before . We’ll quickly go through any kids, how old they are, and their names, if there’s a history of child support, and share the story that goes along with that.
We’ll also go through all of the other issues relating to your relationship, such as, per child support, who was working, who was primary caregiver, and the actual in house things that the couple did together, such as preparing food, cleaning, and childcare.
The last thing we’ll do is list out your goals going forward, and decide on what is the next important step to take, such as filing a petition, negotiating with your spouse, or going to mediation.
This consultation will not necessarily solve all of your problems, and you probably won’t even leave with a full description of exactly what to expect.
However, when you leave the consultation you’ll have a clear idea of the next step that you need to take as well as, a plan both for the rest of your case, and for following up with us.
Queries for Attorneys
What you really want to know is whether the lawyer with whom you are meeting is really a good one. Nobody wants to pay good money and then have their case end up in a shambles because they chose a bad attorney. How do you know if the lawyer with whom you are meeting has what it takes to represent you, and do it well? You don’t want to apply a litmus test to find out if he’s a Scientologist or a member of the GOP the way some people use them today. Instead, you want to ask a few key questions that will tell you what you really need to know about the lawyer for your upcoming family law issue.
What is your approach with my case? Every lawyer has a style. You want to find out whether your lawyer will be aggressive or more like a gentle giant in the courtroom. Maybe you need someone with some fight in them. Maybe you need someone a bit softer. Find out where your potential lawyer stands on this issue.
If I am not satisfied with something, how will you address the issue with me? Some lawyers see satisfying a client as an essential part of their business. Others do not. A strong lawyer should have a professional opinion about whether or not his clients have unrealistic or unfair expectations in terms of the timeliness and quality of service his firm provides. It may be that you do have unrealistic expectations, or it may be that your proposed lawyer has run into a lot of unreasonable clients in the past. Find out where he stands on this issue.
What is your hourly rate, and what is your retainer fee? You don’t want a nasty surprise later down the line when the bill comes due. Make sure you know what your lawyer charges before you ever set foot in her office.
What are the odds that you are going to charge me for the hair dresser?
Paid, Free, and Pro Bono Legal Services
An added benefit of this practice structure is the ability to offer a free consultation with accompanying full-time associates, something most family law lawyers in family court can’t do. A free consultation allows for a more comprehensive education on family court procedure by spending time with you, and provides for a more productive relationship and favorable outcomes in the long run.
Also, our attorneys have worked together in family court for years, allowing them to really understand your legal issues, and avoid common pitfalls encountered in the court system. The answers may not come easy to you, because family law is complicated. We are going to save you time, money, aggravation, and of course stress later on down the line. But even if you don’t hire us right away, at least you will have a good handle on what to expect and what needs to be addressed upfront.
Our consultations are different than those at other law firms. Free consultations are not for one hour and done – we expect to go longer because this is your life and your issues are complex. After all, in one conversation it is hard to scratch the surface.
Another benefit of an initial consultation is what happens after. If needed, our attorneys will issue "pocket briefs" which are really just thorough, legal analysis covering every issue you are facing. This boosts your confidence, and allows you to take that information when you step back and make some important decisions on who to hire and why. Information is power, and you absolutely deserve to be educated on all of your legal options.
When it comes down to it, when we have an attorney-client relationship, this is a collaborative arrangement. But we’re here to guide you through the major steps. A good lawyer is willing to tell you if you are being unreasonable and where you might need to dig in your pockets. A good lawyer will point out when your position is extreme, and help you get to a realistic place before it’s too late. A good lawyer pushes you to accept responsibility, but makes it clear when you are being bullied, intimidated or otherwise pushed around. A good lawyer evolves and changes as your case gets bigger and more complicated. And a good lawyer fights for you. We are all willing to go to war in the courtroom, but we are also willing to negotiate.
This a collective effort, so weigh your options. We think it is absolutely worth it to come in and meet with us for a free consultation.
How An Attorney Can Serve Your Interest
They help you understand and comply with court rules, orders and procedures. In many family law cases there are specific orders the court expects the parties and their lawyers to follow. This may include how to divide property, pay expenses after a support hearing, visitation, child support, parenting time, and many other issues that can arise over the life of the case, or in future cases. A lawyer will assist you in knowing what the court expects. They help you with your evidence. Many cases, at least at some point, have a need for expert witness testimony on issues such as income, net worth and property and business valuations. Divorce and tax issues may need experts. This can be a judge or jury trial, or a non-trial, evidentiary hearing . family law attorneys know the process and who the available qualified experts are, if any, for your case. They will help you to get ready for trial, or an evidentiary hearing to prove your case. A strategic, well-prepared position can save a party time and costs, and even make the difference in winning or losing a motion, trial, or entire case. They protect your rights in the case. Your rights do not matter unless a lawyer stands up for it and files papers (motions) to inform the court and others of your position, and ask for orders (relief) in your favor. They will ensure you fair treatment and a fair hearing. This provides peace and order to your case, and protects you.