There are many factors you should consider when in search of a family lawyer. Here are 5 important skills you should look for before choosing a Family Lawyer that is right for you and your legal issues.
Hiring an experienced family lawyer is about paying a for their legal knowledge and their experience through trial and error of learning what works best in your situation instead of you stumbling through it on your own. With that in mind, if you are looking for a family lawyer, these are the top 5 skills your family lawyer should have.
1. Knowledge of the Law
Family law is low-hanging fruit for lawyers to claim as an area in which they provide a service. Indeed, many self-represented people can navigate a number of aspects of family law without a law degree.
However, family law is far more complex than it would appear on its face. As I as to my clients, if family law was a type of “square peg, square hole puzzle”, then I wouldn’t have a job. In other words, family law has many nuances that are not easily ascertained on the surface and should be adapted appropriately to individual situations.
In short, a family lawyer should have basic knowledge of:
1. The Divorce Act
2. The Children’s Law Reform Act
3. The Child Support Guidelines
4. The Spousal Support Advisory Guidelines
5. The Family Law Act
They should also have knowledge of family violence, child development, tax implications, pensions, contract law, court processes, the law of evidence, unjust enrichment, and more.
2. The Ability to Navigate Personalities
Whether it’s the opposing party, the opposing counsel, the mediator, children, etc., there are lots of characters in the theatrics of a family law matter.
Family law is a highly emotional area for clients and their (ex-) spouses. People act out and are highly vulnerable. Plus, things are very stressful.
As such, family law carries with it more than just the run-of-mill differences in personality that one encounters in day-to-day situations. A family lawyer should have experience with and knowledge about:
1. Abusers and victims of domestic violence
2. Narcissism
3. Mental health.
4. Anxiety
5. Bullies
6. Pushover
3. Court
The court is more than what you see on Judge Judy (which is a type of arbitration, FYI), Suits, or the Good Wife.
Court involves knowledge of the Family Law Rules, and local practice directions and quirks.
It also involves skills related to the presentation of written evidence and oral submissions, strategizing, the ability to make and present an argument, and tie facts to legal arguments.
4. Negotiation
Most people do not have the money or the ability to withstand the stress of a full-blown court case to spend years “fighting for their rights” or “the principle of the matter”.
While a family lawyer should how and when to fight, the vast majority of family law matters resolve through some form of negotiation.
Negotiation in family law has 2 comments:
1. The ability to coach your client, AND
2. Act as the negotiator for your client’s interests.
Negotiation is a skill that every family lawyer should be constantly developing.
5. Connections and referrals to other resources
Family law overlaps with many non-legal issues including:
1. Tax
2. Accounting
3. Mental Health
4. Child development
5. Real estate
6. Criminal behaviors
7. Schooling
8. Addictions.
A family lawyer should be able to help identify these things and refer to the appropriate community or private resource.
In closing, if you are in search of a family lawyer that is compassionate, will listen, understand and be able to bring you your best outcome call Alves Law today for a family law consultation.
