How to Select a Divorce, Family Law, and Collaborative Law Attorney

The following are suggested guidelines to consider when selecting a divorce, family law and collaborative law attorney to represent you.

Experience:

There is no guarantee that the length of time an attorney has been practicing will provide for better service or results. But it is reasonable to consider that the more experienced litigation lawyer will have a greater knowledge of other family lawyers in the area, have dealt with a wide variety of family law issues, and had more exposure to the family law judges in the community, as well as knowledge of their court practices.

When choosing a collaborative law attorney inquire whether they have had any "training" in the area of collaborative law, if they have published any articles relating to collaborative law, or if they have worked with other attorneys who practice collaborative law. The fact that an attorney has not participated in a collaborative case should not be a deterrent to hiring that attorney if the attorney understands the concepts of collaborative law and if the attorney is willing to work with another attorney using the principles of collaborative law.

Arlene Richman has been practicing family law almost exclusively since 1988 in Miami-Dade, Broward, and Palm Beach County. She has litigated family law cases before judges in all three counties. She has been trained as both a family law mediator and collaborative attorney. She has served as a mediator for individuals who are not represented by attorney's, as well as those who are. She has written and published many articles on collaborative law and participated in several collaborative and cooperative family law and divorce cases. You can view her articles explaining collaborative law, as well as other information about collaborative law and Florida family law at theCollaborative Law website

Attorney Office Practice and Relationship to Client:

People who are getting divorced often feel vulnerable and confused. Your family lawyer should reassure you while not giving you unrealistic expectations about the outcome of your case. Be wary of the attorney who promises that they can resolve all of your issues to your complete satisfaction. Family law is different from civil law. The family court is a court of equity, or fairness, and there are usually no clear winners or losers. This same concept is true in collaborative law. Family issues often have no definitive right or wrong. It is a question of what is best for each individual, as well as their children, and what is best for the family. A family lawyer should be familiar with the cases and statutes on family law and apply that knowledge to the facts and needs of each individual case in order to reach a settlement to which all parties can agree and work to achieve.

Arlene Richman will review and analyze your case honestly. She will strive to make you understand all the ramifications of any decision, offers, or acceptance that you make. Your phone calls will be returned promptly, and you will receive copies of all communications. Saturday appointments are available to accommodate the client's schedule.

Fee Structure:

It is essential that an attorney and client have a clear understanding about how the client will be charged and how the fees will be paid. Most family lawyers bill on the basis of time spent and require a retainer against future work. Attorneys usually have written fee agreements or employments contracts. Read these documents carefully. Discuss the issue of fees and costs with the attorney so that you each have an understanding of the financial responsibilities and obligations. Ask an attorney you are interviewing how he or she will help you find ways to keep the fees and costs down. However, particularly in cases before the court, the determination of the fees and costs often depends on other factors, including the reasonableness of the attorney representing the other party and their desire to engage in extensive litigation.

One of the many benefits of collaborative family law is a commitment by both attorneys and their clients to work together to resolve the issues in a divorce or other family law matter by negotiation, rather than litigation. Since there are no court appearances, other than the final hearing, and no formal discovery requests, depositions, interrogatories, and motions, the fees and costs in a collaborative family law case are often less than when the parties litigate in court.

Arlene Richman offers a limited initial consultation that is free. Fees are reasonable, and depending on the case, a flat fee is available as well as the usual billable rate by the hour. Each client is provided with a written retainer agreement. Every effort is made to resolve the case as cost effective as possible.

Arlene Richman always discusses the different ways of resolving family issues and divorce, including litigation, mediation, and collaboration to determine which is most appropriate for her client.

Location of Office:

Fortunately, with the advent of the internet, e-mails, and fax, the choice of a lawyer is not limited by distance. The fact that an attorney is not in the municipality where you reside should not influence your decision. Other than the initial meeting, which should normally be done in person, all documents and information can be transmitted via e-mail or fax. As a client you should view the decision on whom to hire based on many factors, the travel distance being only one.

Arlene Richman represents clients in Miami-Dade, Broward, and Palm Beach County. Additionally, she represents clients outside of the state of Florida. She realizes that many people cannot take the time to travel to her office, no matter how close they may be, and uses e-mail, phone, and fax to interact with her clients. Additionally, she has office hours on Saturday morning.