Archive for July, 2010

I’ll admit I’m rapidly becoming an “old timer”. Heck, I just reached a birthday milestone which allows me to gleefully assert my right to senior citizen discounts at the local multiplex.

And with age, comes wisdom. Let me explain.

There was a time many moons ago when, in the very first interview with a client I had not before met, I would spend an hour gleaning facts, information and data from this individual. Then, unabashedly, I would then expound on their purported legal rights and likely court outcome. I did not know anything about their spouse and his or her perspective on things. I had gathered no detailed financial information. I had no knowledge of the client’s children and their best interests. And most importantly, I had absolutely no clue as to the client’s authentic interests and priorities, and how they may influence their decision making regarding a durable settlement. That’s because I didn’t ask. And I didn’t listen. It seemed at the time more important to “get the facts, ma’am, just the facts”. In fact, that was the model taught in law school “back in the day”: fact gathering and issue spotting.

It is virtually impossible for a lawyer in that first interview to lay out to a new client their full legal rights and likely court outcome. So when you are doing your due diligence and interviewing family law attorneys, be skeptical of any claim or “come on” that purports to guarantee that the lawyer will be able, in that first, initial session, to explain all your legal rights and predict the probable court outcome. That simply can’t happen.

Be informed. Be wise. And ensure that the attorney you decide to engage is a good listener, and wants to know what you want.