Choosing A Family Lawyer In 2023? Ask These 6 Questions

Choosing A Family Lawyer In 2023? Ask These 6 Questions

When going through a relationship breakdown, life can seem overwhelming and finding the right family lawyer can be a daunting task. With so much to consider, it’s essential to take the time to work out who is likely to be a good fit for you – and with so many lawyers out there, where do you start?

This article will give you our top 6 questions to help you choose the right lawyer.

1. HOW LONG HAVE YOU PRACTISED FAMILY LAW?

Experience is key. Your lawyer must have solid experience in family law. Lawyers who have practised for many years are exposed to different legal problems and people from various socio and multi-cultural backgrounds.
They are better placed to understand and navigate family dynamics to find the best solution that meets your needs.

You should also consider the life experience of the lawyer you are selecting. Lawyers who have life experience have the edge over those who don’t.

Lawyers with life experience equip them with empathy, strong communication skills, creative problem-solving abilities, a deep understanding of family dynamics, and the emotional intelligence necessary to provide practical advice, guidance, and support to their clients.

By combining life experience with legal knowledge, family lawyers can offer a unique and valuable perspective to those facing difficult legal situations.

2. WHAT IS YOUR APPROACH TO RESOLVING CASES LIKE MINE?

Your family lawyer’s approach will profoundly affect how your case progresses and the quality of your relationship with your children and ex-partner moving forward. It will also make a massive difference in the amount you spend on legal fees.

Family lawyers come in all shapes and sizes. Some lawyers prefer an aggressive approach and will “fight for your rights”. Lawyers who take this approach prefer to seek orders from engaging in a court process. Whilst this is appropriate in some cases – it is not for most family law matters.

Court litigation is costly, time-consuming, and emotionally and financially draining. There is no doubt that it will take its toll. Worst still, your relationship with your ex-partner will be damaged beyond repair. We often see parents who need to co-parent with their ex-partner, struggle with court-imposed orders and mentally are not in a good place. It is also not unheard of that legal costs can be $100,000 plus in complex cases involving property and children.

Then you have lawyers who firmly believe that the best way to resolve and preserve long-term relationships are those who are trained and practice in family mediation and collaborative divorce.

Mediation and Collaborative practice are quicker and more affordable than court and are a less aggressive way of reaching a fair agreement. Lawyers who practice in these areas believe a court process should be an option of last resort. Notably, the parties remain in control of the process compared to the court.

Arora Legal focuses on reaching long-term positive outcomes for families using non-court-based processes. This includes solicitor-led negotiation, mediation and collaborative practice. Our depth of experience, knowledge, and expertise, brings closure and peace of mind to many of our clients. In fact, 85% of our cases settle.

3. ARE YOU TRAINED IN FAMILY MEDIATION & COLLABORATIVE LAW?

Lawyers trained in family mediation and collaborative practice are better equipped to negotiate favourable outcomes – whichever resolution pathway you use. Lawyers with years of experience in family law, draw upon their knowledge, expertise, and strong negotiation skills to solve your legal issue.

One of the techniques that we use is “interest-based negotiation”. This means that you and your ex-partner are much more likely to achieve a mutually satisfactory outcome when each of your interests is met. E.g., let’s assume that you need to divide your finances and the “financial pot” amounts to $1m. In positional bargaining, one party will get more and the other less, creating a “win-lose” position. With interest-based bargaining, party A may get more of the financial pot, but in return, party B retains the house because that was important to them. The point of interest-based negotiation is that both parties achieve a win–win outcome.

Our Principal lawyer is trained and has extensively practised in mediation and collaborative law. We have a dedicated website to assist those clients wishing to resolve their disputes through mediation. www.myfamilymediation.com.au

4. WHO WILL BE DEALING WITH MY CASE?

A common complaint we hear is that a client has met with the lawyer who then has delegated the matter to their assistant. Whilst there is nothing wrong with that per se, and indeed, it may be more cost-effective to do so, many clients want to deal with their lawyer personally.

If you feel you need extra support, or your matter is complex, this may become an issue as your case progresses. All our clients benefit from having an assigned solicitor who is their primary point of contact on their matter.

5. HOW MUCH DO YOU CHARGE?

You must understand how your legal fees are calculated and whether you will be charged hourly or fixed rates for work undertaken. In Queensland, Lawyers must provide you with a Disclosure Notice & Cost Agreement before starting work provided that the costs (excluding GST and Disbursements) exceed $1500.

Be careful when selecting a family lawyer based on cost alone. Whilst using a low-cost family law service may seem like an attractive option for those facing legal issues, there are several disadvantages that you need to consider.

• Low cost often means lack of experience. Lawyers or paralegals may offer services with limited experience. This can result in inadequate representation and a lack of understanding of the processes, causing your matter to take far longer to resolve. It will also end up costing you more than you think.

• A lack of personalised attention. Low-cost family law firms typically take on more cases than they can handle, resulting in inadequate representation and a lack of personal attention. This can make all the difference to the outcome of your case.

• Communication. This is a big concern for clients who need to speak to their lawyer at an emotionally challenging time. Low-cost family law firms often use communication apps, which means you can only communicate with your lawyer by text messaging or email. And that’s ok if messages and emails are responded to promptly. If your matter is urgent, and in family law, that is often the case, you need to have confidence that you will be able to speak to your lawyer when you need them the most.

• Lower rates do not necessarily equate to a lower bill. You may find that a junior lawyer at a lower rate takes far longer to complete your work than an experienced and more efficient senior lawyer at a higher hourly rate.

The hourly rate for seasoned family lawyers ranges between $385 and
$700. Your family lawyer should tell you their hourly rate, how your costs will be calculated, and provide an estimate of the likely fees you will incur.

Our rates are affordable, given our level of expertise. We provide honest and realistic estimates of your likely costs at the start and throughout your case.

6. DO YOU OFFER A FREE CONSULTATION?

Many lawyers offer a free consultation and a discounted initial consultation. This is a fantastic opportunity to get a feel of how personable your lawyer might be. Whether their values and approach align with yours, you should feel comfortable enough to ask any questions worrying you. Will you be able to get on with your lawyer? After all, you will be sharing intimate details of your relationship and need a lawyer you can trust. Consider the fact you may be spending months working with each other.

Once you have met your lawyer virtually or in person, you can decide whether they are right for you.

NEXT STEPS

Arora Legal offers a range of fixed-fee legal and mediation services.  To find out how we can help you, BOOK your free 15-minute consult today or call 07 3180 0129 and speak to our specialist lawyer.  By contacting us today, you can take the first step towards resolving your family law issue and moving on to a brighter future.