The Basics of Family Law Free Consultations
As a family law attorney in Bakersfield and a concerned human being, I have seen many cases of family law issues where the client has already lost. Why? Because they go to court (or not) without an attorney representing them and fighting for their interests.
Without getting too deep into politics, it should be noted that our family law courts have cut back on funding and have overworked judges. This is no fault of the judges that serve in our family law courts. It simply means that there are less judges to handle the same amount of cases , and this lends itself to pro se parties (people who represent themselves) having the advantage over the party that has retained an experienced attorney to handle their case.
The free consultation itself is typically held in the attorney’s office. This frantic media spin makes it sound as if an attorney is going to besiege you with legal jargon and hard questions when you walk through the door. This isn’t the case. Usually the purpose of the free consultation is the following:
- Explain to the party what the process would be or what their options are in a situation.
- Provide some analysis of the client’s situation so that they enter the process fully informed.
- Examine the overall needs of the client and evaluate whether or not they are able to fulfill the requirements for legal aid.
If your family law issue is serious – and most are – and you would like to win, you need legal representation. It is my hope that people are informed by this blog and can make better decisions about their family law case.
The Biggest Advantages of a Free Legal Consultation
A consultation with a legal professional can help you to better understand your position and gain insight into how the law may apply. This will also help you to comprehend what services a family law attorney provides and how he or she may be able to assist with your matter. Key benefits of a free legal consultation include:
Benefits Testability – It allows you to determine whether you are a good fit for the legal professional, and it helps him or her determine whether they can accept your case.
Exploring Legal Options – Every case is unique, so any number of options may be available to you. A professional can help you assess which options best suit your situation and goals.
Gain Professional Insight – An experienced legal professional can review documents, take notes, and ask questions, gaining insights that might not be readily available to you.
Hiring A Family Law Attorney In Bakersfield
When it comes to choosing the right Bakersfield family law attorney for a free consultation, there are a few criteria you should follow:
Experience: You want a family law attorney who has dealt with the type of case you are facing. A family law attorney who has been practicing law for a while will also have experience in dealing with judges in your local area.
Specialization: Go with a lawyer who specializes in family law. Lawyers who are jack-of-all trades tend to spread themselves too thin and may not be up to date on the most current laws or trends.
Client reviews: Look online for reviews of Bakersfield family law attorneys from attorneys themselves as well as from clients. The online reviews, however, should not be the deciding factor in your selection.
Comfort: You should be comfortable with your choice. If on the initial meeting you feel anxious or as though you are being judged, move on to another attorney. It is important that you feel comfortable sharing very personal information with the person who is going to represent you in your family law case.
A Bakersfield family law attorney who offers free consultations is desirable but there are no guarantees that the lawyer you choose is the right one for your specific needs.
Family Law Matters Covered in the Consultation
If you decide to act, we will do our best to minimize your need to appear at family court unless absolutely necessary.
We can typically find a solution to most of these issues through the following legal processes:
• Initial appearance and temporary orders. Generally, when a process server or sheriff serves a couple with divorce papers, the situation has progressed to a point where a temporary joint custody or spousal support order can be filed with the court. Most clients seek a divorce because they can no longer live together and want to move on with their lives in the best way possible. Filing for a divorce, however, does not necessarily require that couples cease living together. In fact, many seek what are commonly called "legal separations" as a bridge toward reconciliation or to assure the court that sufficient steps have been taken toward a divorce.
• Division of property and assets. Separate from child custody and support, some of the most contentious family law matters relate to the division of family assets. Property acquired after a marriage is typically community property and belongs equally to both spouses. If prior to the marriage one or both of the spouses owned property or other property was given to one spouse as a gift , it is considered separate property. How assets are divided is one of the most common issues addressed by a family law attorney. In many cases, a mediator can help a couple navigate through the divvying up process if the separation appears amicable enough.
• Child custody. Determining what happens to the children when a spouse files for divorce is another common family law issue. While dealing with a divorce proceeding in California, both parties to a divorce are advised to follow California family law and any court orders. Parents who have heard that "parents have equal rights in child custody matters" may be surprised to learn that there is no legal presumption in California that a young child should be in the mother’s primary care. After hearing a family law matter, the court will consider what is in the child’s best interests.
• Restraining orders, temporary custody orders and visitation plans. Another outcome of the divorce process is the development of a comprehensive, clear plan that dictates how various family matters will be handled. The court will impose a temporary order until a more formal order is issued. Restraining orders are imposed to handle any potential abuse or threats experienced by one spouse as a result of the other’s behavior.
Consultation Preparation
Preparation is key to making the most of a free consultation with a Bakersfield family law attorney. Here are some tips to help you get the most out of your initial session:
Collect your paperwork: While you may not have organized records on your family circumstances, try to gather any paperwork you have on hand, such as tax returns, bank statements, real estate documents, pay stubs, or previous legal documents. This will help your attorney get a complete picture of your situation and develop a strategy specific to your needs.
List your questions: Make a list of questions or concerns you have for your family law attorney so you know nothing is overlooked. Be sure to ask them during your consultation to get the information you need to make a qualified decision.
Be open and honest: When discussing your circumstances with an attorney, be as open as possible. This is vital to help them determine the best course of action for your case.
These tips should help you prepare for what may be an emotional meeting with your lawyer. Being fully informed about your unique circumstances will help ensure you’ll know whether your case is in the right hands.
What Happens After the Consultation
At the end of a free consultation with a Bakersfield family law attorney, you may be unsure of what happens next. If you haven’t worked with a lawyer before, you may be wondering whether that first appointment is merely for them to learn about you or whether they expect you to hire them on the spot. While it’s certainly important for the attorney to gather information, they are also "interviewing" you to determine whether they can help you. After all, you’re "interviewing" them, too, to determine whether you want to hire them or not. The job interview theme is applicable on both sides of the fence and it’s important to note that you are not required to hire the attorney. If you don’t feel as though you were a good fit during the consultation, you can always go see someone else. If you do decide to move forward with hiring the attorney, at the conclusion of a consultation, you have a couple of options. The attorney will almost always provide you with their retainer agreement on the spot, as well as a fee schedule (if they have one) and the necessary forms that you’ll need to fill out . You can either elect to retain the attorney that day or take the retainer agreement home with you. It’s completely up to you. You don’t have to hire the attorney then and there. You can take your time deciding (within reason) and very often the attorney will provide you with free follow-up via phone or email to answer additional questions you may have after the meeting. Again, you’re interviewing them, so it’s in their best interest to keep the door open so that you’ll hire them if it’s a good fit. After you’ve retained the attorney, you can expect to get your case file started right away. Generally, they’ll take the forms you’ve already filled out, make copies, create your initial file and begin processing it in order to get started right away. Over the ensuing weeks, your attorney’s office will reach out to collect and evaluate information and you’ll get started on preparing to move forward with the case, whether it’s a divorce or some other legal matter.