How to Find the Best Lawyer for You

Not just any lawyer, the best lawyer.  It is certainly understandable that someone who suddenly needs a lawyer to end a marriage would want to find the best one around. It's not only part of our competitive nature, but it's also common sense.

When trying to find the best lawyer for you, wherever you are, here are some things to consider.

1. You need to define what makes a lawyer the best one for you. What are the most important qualities that you are looking for? Do you want a business-like personality or someone who is very personable and casual? Do you want a very structured attorney or a more laid back approach? Some lawyers are abrasive and others are instantly your best friend. You should get to know something about a lawyer’s personality and approach to practicing law.

2. Another stylistic option is whether you want a decision-maker or an option-developer. Some lawyers get the facts of the case and then start telling clients what to do. Other lawyers help clients develop a variety of options and then assist them in choosing a course of action. Some clients just want to turn over their legal matter to their attorney and let the attorney take care of it. How involved do you want to be?

3. What is the financial range of fees you are comfortable with? Generally, the more experience or more demand there is for a lawyer, the higher the fees will be. More expensive lawyers aren't always the best, but they often are much better than inexpensive lawyers. If your case is very complicated or unusual, you may want to hire an experienced attorney, but make sure you can afford the attorney. Even among very good attorneys, there will be a range of fees that they charge.

4. Do you want or need a trial lawyer or a settlement specialist? Don't assume that you necessarily want to take your case to trial. Likewise, you shouldn't assume that your case will be settled. It is true that most family law cases settle, but some have to be tried. You should consider both approaches and find out how prospective lawyers view your case.

5. Sometimes, location can be a consideration. You generally want to hire a lawyer in your own county, or wherever the suit is located. But, you may or may not have to go to your attorney's office very often after the attorney is hired. Much of the contact between lawyers and clients takes place via email or by phone or fax. However, you probably should hire someone local who is familiar with the local courts, judges and courthouse personnel.

Hat tip to Dick Price for his April 15, 2011 post

How Can You Control Your Legal Costs?

Posted by Michelle May O’Neil on July 11, 2011

Accept that you may not have the control you would like to have over the legal costs. If your spouse is unwilling to negotiate a settlement and wants to drag matters over a period of time or through to trial, the legal costs will escalate. Sometimes one or both spouses start out not fully comprehending the stress and high costs that are involved in fighting it out in the litigation process. Months later they may come to the realization that it is better to work out a settlement to end the “emotional and financial bleed” and get on with their lives. Sometimes one or both spouses are so angry that they will do everything possible to drag matters out just to have their “day in court.” Then they realize only too late that putting their lives in the hands of the court is anything but empowering. The court may make decisions that neither of them desires.

Taking the things that you cannot control into account, you can do some things to make your time with your lawyer more cost effective and control your legal costs to some extent.

  • Gather, photocopy, and organize all of your personal and family financial documents and records. This includes your personal income tax returns and any and every document you can find that relates to your family finances, such as cancelled checks, records of investments, loan agreements, bank account statements, insurance policies, real estate documents, RRSPs, and the like. If you have a marriage agreement, a domestic contract, or any other agreement, your lawyer will also require these documents.
  • Calculate all of your current overheads. If you haven’t been keeping records of your expenses before, start writing down everything that you spend money on-groceries, gas, utilities, child care, your children’s haircuts, your children’s extra-curricular activities, your children’s medications. Keep a record of everything that you spend to support yourself and your children on a daily, weekly, and monthly basis.
  • If you have friends who have been through this process and can give you practical advice, listen and consider their input. Although each situation is unique, learning from the experiences of others can help you focus on the specific matters that you will need to discuss with your lawyer.
  • Plan your telephone and face to face meetings with your lawyer. Write down your questions before you talk or meet. When your lawyer gives you advice, take notes so that you have the information you need to make the best decisions for you and your children.
  • If your lawyer calls you but your children are in the room, or for some other reason you do not feel you can concentrate on the matters at hand, ask for a time that would be convenient for you to return the call. Call back when you are feeling calm and prepared and assured of privacy.
  • Do not use your lawyer’s billable time to talk about your emotional situation.
  • Do not have your lawyer do all the legwork if there are matters you can handle.

Make the calls, pick up the documents, and do whatever you can to gather any information or documents that your lawyer requires. But of course you also need to consider the trade-off of the cost of your time versus the cost of your lawyer or his or her assistants doing this work.

  • Ask your lawyer directly if there is anything that you can personally do to keep the costs down.

In matters of property division, you may have to provide records to determine any worth that is separate from the family property or you may have had prior to the marriage. If you had a marriage contract, these matters may be dealt with there. If not, you will need to provide the appropriate documentation. If you owned property or had investments such as an RRSP prior to your marriage, do you have valuations as at the date of the marriage? If you do not have the records to substantiate property or investments you believe should not be considered in the division of the matrimonial property, can your financial advisor, present or former employer or banker provide information that would substantiate your claim? There are professionals who do forensic valuations of property but these services will add costs to the bottom line of your separation or divorce.

 

 


 

This article has been edited and excerpted from the book To Have and To Hold with permission by McGraw-Hill Ryerson,Copyright ©2010 by Kathleen Aldridge and Nancy Jane Bullis.


Divorce Attorney Expectations

You are going through divorce -- you retain an attorney and at the end of the day you have a visceral reaction -- you either love or hate your divorce attorney. While a good attorney could use his legal knowledge and skills to get you a better settlement, the facts of your case largely determine the outcome of your case. So why then, do clients have such extreme reactions to their lawyers?

In large measure, the client’s satisfaction with his legal representation is directly related to his expectations from the attorney-client relationship. So what can the client expect of his attorney?

Cathy Meyer in her article Are You Expecting Too Much From Your Divorce Attorney? identifies five things clients should minimally expect from their attorneys:

1. Regular Communication.

Responsiveness is crucial. More complaints are lodged against attorneys with disciplinary boards for not returning phone calls than any other reason.

In my office, it is the practice to attempt to return calls and answer client emails the day they are received . Divorce is emotionally charged. It can be nerve wracking and gut wrenching. Your attorney should expeditiously answer your questions and address your concerns in a timely manner.

2. Full Disclosure.

Your attorney should be willing to discuss in full with you what is happening in your case and what they expect to happen in the future. A good divorce attorney will suggest strategies for your case; explain the discovery process, negotiate on your behalf, and have your back should you go to divorce court.

Client’s should receive copies of all letters, emails and legal documents. When the communication involves a client’s substantive rights, the client should have an opportunity to review the final product before it goes out.

3. Due Process.

It is your divorce attorney's responsibility to make sure you are treated fairly by the court during your divorce.

4. Availability.

Appointments with your divorce attorney are an opportunity for you to gauge where you are in the divorce process and the direction your case is heading. If you have a divorce attorney who cancels or rushes you through appointments, you have a bad divorce attorney.

5. Basic Courtesy and Civility.

Little things matter. It costs nothing to be courteous and polite. While the adage “the customer is always right” be not be 100% accurate in a divorce case, the client is always entitled to respect and common courtesy. When differences of opinion arise on how an issue should be handled, the client is entitled to a reasoned, but polite explanation. It is seldom productive to be rude, derisive or hostile

In the end, the client should expect the attorney to counsel and to communicate a strategy and an analysis of the relevant facts and law to enable the client to make informed decisions about their case.

Hat tip to Daniel Clement of the most excellent New York Divorce Report.

Save Attorneys Fees Through Email

Most of our clients are very comfortable using email for their informal correspondence to friends and family. Not every client is accustomed to using email as a form of business communication, however. In some instances misuse of email in client correspondence can misdirect and even hinder an attorney's effectiveness in the case.

If you've hired an attorney to represent you in your divorce, child custody, or other family law matter, or plan to do so in the future, then you will be communicating with your attorney's team on a regular basis. You'll meet with your attorney and legal team face-to-face. You'll talk on the telephone. You'll send and receive letters by U.S. Mail, FedEx, and UPS. And you'll send and receive emails, probably a lot of them. Today's article is about getting in the habit of sending emails to your attorney in a productive time-is-money manner.

Tip #1. This is business. Stick to the legal matter at hand.

Avoid using emoticons like smileys, and abbreviations like ROFL and OMG, in your email messages to your lawyer. Those are certainly fun and useful in personal email messages and maybe on your facebook page, but they detract from your message in an email to your attorney. Also, make sure to check your spelling, and use proper punctuation and standard capitalization. TYPING YOUR EMAIL IN ALL CAPS SHOUTS AT THE READER, DOESN'T MAKE WHAT YOU HAVE TO SAY MORE IMPORTANT, AND CAN MAKE YOUR MESSAGE MUCH MORE DIFFICULT TO READ.

Tip #2. Think. Pause. Think Again. Then Send.

This is great email advice for everyone from the American Society of Legal Writers. Always proofread your email carefully before you hit send. If your email is replete with errors, or doesn't flow logically, then the attorney receiving it will spend that much more billable time trying to figure out what you really meant to say. Take the time to write carefully, to proofread your message, to make sure it reads logically and says specifically what you intended. Then send. If you can get your message across to your attorney on his or her first reading, then you've saved time and money in legal fees.

Tip #3. A timely "reply" is good. A "forward" to your attorney is good. A "forward" of your attorney's email is too late.

Don't be in such a hurry to send a message to your attorney that you accidentally "forward" instead of a direct "reply" to your attorney's original message. If you receive an important message from your sister, for example, with a link to your estranged spouse's MySpace page, then forwarding her message to your attorney may help your case. But don't forward your attorney's emails to anyone, ever. Here's an example: Let's say you feel an overwhelming need to share what's happening in your case and so you forward your attorney's email to your sister, who forwards it to your mother, who then shares it with your 16-year-old son, who promptly forwards it to your soon to be ex-spouse, who now knows way more than he or she should about your attorney's strategy in the case.

Tip #4. Always protect your privacy online.

Because of emails' simplicity and universal application, it is far too easy to send personal information without reflecting on what is being sent and where it could end up. Never provide your Personally Identifiable Information (PII)-such as your social security number, birth date, mother's maiden name, or banking information-in an email message. Don't give away anyone else's PII either. Criminals use PII to exploit and steal identities. So think before you send and always remember that unencrypted email is the postcard any carrier can read and forward.

Contact the Dallas family law attorneys at the O'Neil Attorneys by email today, we look forward to hearing from you.


Resources:

Law Office of Scott David Stewart blog

The American Society of Legal Writers
http://www.scribes.org/


 

Hire the Right Attorney for Your Dallas Divorce

Client Testimonial Tuesday: 

Divorces are very difficult and painful. Don't make matters worse by hiring the wrong attorney. My "donkey was in a ditch" and Michelle May O'Neil not only got me out, but put me back on track to obtain my desired results. She is well respected in her field, very knowledgeable , and will fight for your rights. If you want things done right, do them right the first time, have Michelle May O'neil represent you.

A.Y.

Dallas Family Lawyer Will Fight For You!

Client Testimonial Tuesday:

Client says Michelle May O'Neil is a Dallas Family Law Attorney who cannot be intimidated!

A lot of people say "they saved my life" but this is a true statement in regards to Ms. O'Neil. Thanks to her and her firm, my daughter is now enjoying college. She handled my case from the Texas Supreme Court (which we won) back to the District Court where we won again. She can't be intimidated by opposing counsel, she didn't back down. You can count on her and the firm to stand by you no matter what, she will fight for you.

Yvette Dobbins

Our Choice for Dallas Family Law Attorney

Client Testimonial Tuesday:

“I hired Michelle May O'Neil to represent our daughter in a custody/divorce suit in Dallas Texas. We had our choice of Dallas family law attorneys. Michelle's "leave no stone unturned" approach was all we needed. We won  full custody and we are grateful for a job that was done as it should have been done. INCREDIBLE results." 

Tom Ermish

How To Find A Good Lawyer When You Need One

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. The vast majority of consumers report feeling they “can trust” their lawyer is the most important factor in the selection process.

The first step is to determine what 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.

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.

 

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 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.”

 

For more information, download the article: How to Find a Good Lawyer When You Need One in pdf format.

 

Also see related information at: On The Case -- How To Choose The Best Divorce Lawyer For You.  This article has a list of questions that you can ask an attorney you interview.

How To Find A Good Lawyer When You Need One

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.

Happy birthday to the Texas Lawyer's Creed!

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! 

 

Why Is There No Free Consultation?

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.

 


 

Tips for controlling attorney's fees.

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. 

Dallas divorce specialist teaches lawyers at seminar

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.

It is best to win without fighting.

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. 

You look so nice, but can you be mean?

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.

Tips to Surviving a Divorce

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.