A relationship between a lawyer and a client is a business relationship. As with any business, in order to avoid problems in the future and to provide options to resolve problems, there must be a clear understanding up front. As with choosing a partner in business--or marriage--you must take great care in hiring a lawyer, being diligent and managing your case, and participating in your case, keeping organized records, and being willing to pursue your options should problems arise.
When people go to lawyers for help, it is difficult for people to be logical and careful. That is human nature; however, to be other than careful and logical in hiring your lawyer and managing and participating in your case is only inviting problems that will make the original problem worse.
Because the Judicial system is bogged down and overburdened, you must be fully informed and involved in your case. Only then will you increase your chance of being satisfied with your results and the resolution of your legal matter.
When you go to see a matrimonial lawyer, most will offer a standard retainer agreement. Sometimes this is more than one page and sometimes less. The primary focus of the lawyer is often your obligation to make payment, not what the lawyer will do for you. You must learn enough about a particular lawyer's business to make an informed choice as a consumer of legal services. Many disputes between clients and lawyers are avoidable if your relationship is very specific at the outset.
If you are fully informed, you are better equipped to make decisions in your case and to avoid problems by spotting and solving them early on and to monitor your attorney's actions.
You will hire a lawyer for two reasons:
1) expertise in legal procedures and 2) familiarity with the local Courts and personnel. You don't want your involvement to hinder your attorney from using the expertise you are purchasing, but you are involved. You are responsible for the actions of your attorney that are taken in your name and the degree of involvement you seek will affect the time and money you spend on the case and how well you are informed about what your lawyer is doing.
There are two ends of the spectrum: You can handle your own case and somebody once said that "Anyone who acts as his own lawyer has a fool for a client," or youcan hire a lawyer to handle the entire case. You can handle your case and use the lawyer only to review your paperwork.
In a divorce, you need your own lawyer.
You must become familiar with the Court proceedings and the stages of the law suit in your state. Many states are different. Time limits vary from state to state. Most cases are settled out of Court, in fact, 95% of matrimonial cases are settled before they ever reach Court, sometimes on the Courthouse steps.
You can get information about the process in your state from "State Specific Divorce and Separation Information" or by talking to people in the Courthouse or going to the law school. You must educate yourself about your case to help you determine how using the legal system can solve your problem.
