Dallas Divorce Law Blog : Dallas Texas Divorce Lawyer & Attorney : O'Neil Anderson Law Firm : TX Child Support & Custody Issues

Most people do not have a clue how to find a good lawyer when they need one. In fact, statistics show that 68% of consumers spend two hours or fewer gathering information before selecting a lawyer.

1.  Determine the type of lawyer you need.

In most states, a licensed attorney may practice in any field of law, but most concentrate on very specific areas. Most states also have a process of specialization for attorneys. "In days gone by, most lawyers were general practitioners, meaning that they handled cases in a wide variety of practice areas. As the number of lawyers grew, the law became more complicated, and our society spread out, it has become necessary for lawyers to concentrate their efforts," says Michelle May O'Neil, a board-certified Dallas divorce lawyer . There are almost as many different practice areas as there are lawyers. For example, a lawyer who practices admiralty law might not be the best attorney to assist a person needing a divorce. Or, a construction lawyer might not be best suited for a real estate dispute.

2.  Utilize referral sources.

One of the best resources to find a lawyer that does the kind of law you need is through other lawyers. Everyone should know at least one lawyer they could call and ask for a referral. Even if the lawyer you know practices criminal law and you need someone to prepare a will, the criminal lawyer will be able to give you some referrals in the practice area you need. There are also referral lists maintained by most local and state bar associations. The downfall of using these services is that there is usually no screening on the qualifications of the particular lawyer with the individual need. It is then up to the consumer to inquire sufficiently into the lawyer's experience compared to the need of the consumer.

3.  Look online to research lawyers in the area you need.

The internet is an extremely beneficial source of locating a lawyer. Many websites maintain directories of lawyers nationwide. Most law firms these days maintain websites and usually you can find those through any search engine. Often lawyers are active in professional or community organizations which may be featured on a website. "My firm's website www.oneilanderson.com is a key tool in educating clients on what distinguishes my family law firm from another firm in Dallas," says Dallas Divorce Lawyer Michelle May O'Neil. "I find that most potential new clients read all or part of an attorney's website before meeting in person."

4.  Meet in person with a couple of lawyers.

The initial interview with an attorney that you are considering hiring is extremely important. Take with you to the interview all of the documents and other information that relates to your problem. Also take with you the names and addresses of the important people that have something to do with your case. Don't be afraid to ask your lawyer about his or her credentials. Ask how many cases similar to your's that she has handled. Prepare a list of questions to ask when you get there - what is the law related to your case? What are the realistic outcomes? What is the lawyer's philosophy for handling your case? Does she recommend an aggressive approach or one geared more toward settlement? Consider your comfort level with the attorney and the personal compatibility. Did you get a feeling of trust from the attorney? Did the attorney seem to know what she was talking about? Did the lawyer seem confident about your case? I never recommend that a person hire the first attorney they meet

5.  Establish reasonable expectations.

Many people have never dealt with a lawyer before, so they don't know what to expect. First and foremost, you should expect frank, honest advice. Your lawyer should point out for you the strong and weak points of your case and give you a realistic expectation of the potential outcomes. She should keep you informed and send you copies of documents pertaining to your case. If a lawyer gives you a guaranteed result, run the other way!!! Lawyers are prohibited from guaranteeing any particular outcome, so be very leery if this happens. Don't expect your lawyer to act as a psychologist, financial advisor, tax planner, or to give any other advice outside of her expertise. If you need advice in other areas, consult a professional in that area.
 

This post originally appeared on Avvo.com:  How To Find A Good Lawyer When You Need One.  Look at my AVVO profile here.

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The Texas Lawyer's Creed turned 20 years old on November 5, 2009 marking a milestone in the Texas Bar community for the promotion of professionalism and civility in the legal profession.  Being an attorney in the great state of Texas (any any other state for that matter) is a privilege.  With this privilege comes a great amount of responsibility.  Unfortunately there are some bad attorneys out there who have tarnished the image of the legal profession.  The lawyer's creed sets forth a model of behavior which, if followed, helps to improve the public image of the legal profession and bolsters good will among members of the bar.

One of the most important components of the lawyer's creed addresses the lawyer's relationship to his/her client.  The legal profession is a service industry, and there certainly isn't a lack of capable attorneys to handle cases.  Being capable, however, is only part of the equation for success.  Following the lawyer's creed is also a large part of the equation in obtaining a favorable result for a client. 

So happy birthday to the lawyer's creed and here's to another 20 years of helping us lawyers strive for excellence! 

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Why Is There No Free Consultation with Dallas Divorce Lawyers?

Tarrant County divorce lawyer and blogger Dick Price recently posted a relevant article about initial consultations with divorce lawyers.  Frequently we are asked when a client first calls for information whether we provide a free consultation.  We charge a reduced flat fee for a consultation, less than our hourly rate, but enough to make sure the potential new client is serious in his inquiry.  Here are the reasons Dick Price lists for Divorce Lawyers in Dallas and other places to charge consultation fees:

• For the attorneys who charge by the hour, time is money. They keep their business open by charging for the time they spend working in some fashion on the client's problems. Real information is provided in real time to the client. For the attorney, the service provided is essentially the same type of service they will be providing once they are hired: listen, ask questions, determine needs or goals, gather information, analyze, strategize and create plans.
• Other professionals routinely charge for their time and services at an initial assessment. This includes doctors, mechanics and electricians (just to name a few). The time and skills of the professionals are being applied to the problems at hand.
• In addition, when an attorney meets with a prospective client, the attorney becomes immediately disqualified from representing the spouse. That can result in a loss of income for the attorney.
• Another consideration is that the attorney is unable to work on other clients' business when they are attending an initial meeting with a potential new client. That means less income for the attorney and no progress on the other client's issues. Even if it only delays the work, the delay can become a problem for the client and then the attorney. Most clients prefer not to be put on the back burner. They want their matter resolved NOW!
• In addition, busier attorneys will charge for the consultation. To not charge for the consultation would subject the attorneys to spending a lot of uncompensated time with the new client. Again, that prevents the attorney from being able to do significant work on other cases.

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Make no mistake about it, divorces can be quite expensive.  Notwithstanding, there are several ways that you can help reduce the amount of attorney and paralegal fees you incur in your case.  As a Dallas divorce attorney our office has found that the following are quite helpful in controlling costs:

1. Communicate with your attorney via email.  A typical day for me involves reviewing hundreds of emails and returning several phone calls.  Putting your thoughts down in writing helps you to single out what your concerns are when you talk to me.  With that in mind, when you email me, try and be as concise as possible.  In doing so I won't have to dig through your email to determine what the question or concern is.  
2. Keep accurate financial records.  In all likelihood you will be required to file an inventory and appraisal of the community and separate estates.  By keeping up with your financial records, or at a minimum knowing where to readily obtain them, you can greatly reduce costs.  If you don't keep accurate records, or know where to get them, either I or my staff will have to obtain them for you and then sift through them.  
3. Understand that while I genuinely care about you and your case, I have to charge you for my time.  With that in mind, try to limit our communications to the subject at hand.  We are genuinely empathetic to all our clients and are very passionate about what we do, but if your emotions are running high, you can save a good deal of money by talking to a counselor, friend, clergy member or family member.
4. When our office sends you something for your review and approval, please do so as soon as possible.  If I or my staff have to contact you to remind you about a task, you will incur fees.

If you keep these tips in mind, you can greatly reduce the amount of attorneys fees in a divorce case.  These tips are simply guidelines and not hard and fast rules.  When seeking out an attorney, it is completely appropriate for you to ask how you can help control costs.  If the prospective attorney does not have an answer, I suggest you keep looking. 

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Dallas divorce lawyer Michelle May O'Neil presented a speech on pretrial appellate remedies entitled Mandamus and More.  The continuing education conference for Texas divorce lawyers was titled Family Law on the Front Lines and it was held at the Hyatt Regency Hill Country Resort June 18-19, 2009.

Ms. O'Neil discussed the standards for pursing mandamus appellate remedies when a trial court makes an error in the middle of a case, prior to trial, that requires review before a trial can be held.  She, together with co-presenter Rick Flowers of McEvily and Flowers in Houston, discussed the seminal mandamus case of Walker v. Packer that set for the standards for seeking mandamus as requiring a 1) clear abuse of discretion by the trial court, and 2) lack of adequate remedy by appeal at the conclusion of the case.  Further, she reviewed the impact of the 2004 Texas Supreme Court opinion in In re Prudential, which expanded the examination of the adequacy of appellate remedy by adding a balancing test of the detriments versus benefits of mandamus review.  Lastly, Ms. O'Neil examined the 2008 Texas Supreme Court opinion in McAllen Medical Center, which clarified the Prudential balancing test to include an analysis of the expenditure of money, time and judicial resources if mandamus is not considered.

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Recently I posted an entry about the lamb, the bulldog and the fox,  In keeping with that post it is fitting to share an entry which describes the perils of being overly aggressive.  In Fox Rothchild's New Jersey Family Law Blog the author described how fighting for the sake of fighting distracts the court from the two most important things: (1) our client; and (2) our client's rights and needs.  Clients hire divorce attorneys for two main reasons: (1) the attorney knows the law; and (2) the attorney will be objective.  If the attorney is more interested in fighting for the sake of fighting, then objectivity is frequently lost.  When objectivity is lost the client is the one who suffers. 

Although our Dallas divorce firm zealously advocates on behalf of our clients, we also understand how to combine the right amount of aggressiveness with tact in order to acheive the absolute best result for our clients. 

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I recently came across a blog written by an Alabama divorce attorney that covers one of the questions our firm is asked a lot:  You look so nice, but can you be "mean"?  Typically people come into our office looking not only for a way to move on with their lives, but also for some sort of revenge.  The style of your lawyer will greatly influence to what extent this is possible and appropriate.

Divorce lawyers generally fit into one of three categories: (1) the lamb; (2) the bulldog; and (3) the fox.  The lamb is the type of lawyer who takes a reactive instead of a proactive approach to case management.  The lamb avoids confrontation with his or her client and opposing counsel at all costs, and often at a disadvantage to the client.  In short, the lamb's laissez-faire mentality hinders client advancement and often results in an inequitable resolution of the case. 

Directly opposite the lamb is the bulldog.  The bulldog seeks out confrontation (often on frivolous issues) at all costs and is typically the first personality type that comes to mind when clients think of a "mean" lawyer.  Although the bulldog's aggression is no doubt appropriate in some instances, it also poses an obstacle in the road towards favorable resolution.  The bulldog's aggressive approach can end up costing the client both in terms of property and custody matters but also in unnecessary attorneys fees. 

Finally, we have the fox.  The fox sees the forest through the trees and is cunning enough to know when aggression is appropriate and when it is not.  Unlike the lamb, the fox is not afraid of confrontation; and unlike the bulldog, the fox knows that fair out of court settlement are always preferred to litigation.  The fox is assertive when appropriate and aware of the consequences of its actions. 

Do yourself a favor when searching for a divorce attorney and hire yourself a fox (our Dallas divorce firm has three of them). You'll be far better off in the long run than you would with a bulldog.

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Recently I came across a blog discussing tips to surviving a divorce.  Interestingly, the blog wasn't written by an attorney but the divorce survival tips all come back to one thing - the importance of hiring a good lawyer.  The blog has some good tips that apply to a divorce in Dallas Texas which I will outline in the order they were presented.

1. Hire a good divorce lawyer.  Hiring an attorney that is compatible with your personality is absolutely critical in protecting your rights and best interests during such a troubling time.  The right attorney serves not only as a mediator but also as an advocate of your interests.
2. Keep written records of everything.  Keeping a journal of who said what and when often shows which of the parties is more organized.  Also, written records of conversations are helpful during the division of community property.
3. Keep your cool.  Although this is a stressful time, keep in mind that everything you say or do is going to be looked at under a microscope.  If you lose your cool, you can stand to lose a lot.  Not only in terms of property, but also in custody determinations. 
4. Read everything.  Obviously, a good attorney will ensure that you understand everything relating to the division of property and custody issues.  However, never assume that just because your attorney reads everything that you are not responsible for doing the same.
5. No guilt trips.  This ties in closely with number three.  Remember, nobody likes a sneaky, passive aggressive person.  Communicate your concerns to your attorney in a direct manner.  Address any problems as they arise - not after everything has built up and is coming to a head.
6. Never use children as leverage.  All to often we see clients who put their interests (i.e. revenge) before those of their kids.  Remember that the divorce is not their fault, and that you have absolutely nothing to gain (but very much to lose) by using your children as a bargaining tool.

Although these may seem like common sense, it is easy to forget them during a divorce proceeding.  A good divorce attorney who clicks with your personality will help you remember them.

Our firm would like to help you with your divorce.  We represent people getting a divorce in Dallas, Collin, Denton, and Tarrant Counties in Texas.

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