Initial Case Assessment and Client Interview

Although every case is unique, there are consistent steps in the course of each domestic relations case. For example, the attorney consistently meets with the client, identifies legal issues and client goals, and files a petition or motion or response depending on whether the client is the initiating or responding party. Domestic relations cases are resolved either through agreement or litigation. In other words, if the parties do not resolve their own issues, the court will resolve them. Most cases are resolved by agreement, even if on the courthouse steps. How the case will be resolved may depend on the parties themselves and/or the attorneys. This is one reason why it is important for clients to find an attorney whose approach matches their goals. Some attorneys make more effort to aid the parties in resolving their own issues out of court than others do.

Reaching agreement is less expensive and adversarial than litigation. This is particularly important when children are involved and the parents will have to continue interacting with each other because of the children. Out of court resolution attempts and trial preparation must be pursued simultaneously as the trial date approaches. Being prepared for trial is essential.

Case Assessment
When you consult with an attorney, he is she will assess your case. The attorney should evaluate the case and present courses of action to the client. It is important to discuss important matters such as the automatic temporary injunction that goes into effect upon the filing and service of a domestic relations petition. The injunction prohibits a party from taking certain actions such as dissipating property or relocating children during the pendency of the case. Each case has a different level of complexity and time requirements. Sometimes a hearing is imminent. The amount of the retainer may depend on the imminency of case actions

If the attorney decides to take the case, then the attorney will provide you with general information about the law, procedure, and timelines at the outset. The attorney client relationship and communication policies will be addressed. You will be advised as to your responsibilities such as providing information and documents in a timely manner. You should always sign a representation agreement that sets forth the scope of work as well as fees.

Initial Client Interview
The attorney will gather relevant details about the situation and take at least brief notes The attorney should obtain facts, provide information, and demonstrate expertise in the legal issues presented. The attorney will assess whether your goals are realistic in accordance with the law.

A conflicts check will be performed before speaking with a potential client in order to avoid a conflict of interest as an attorney may represent only one spouse in a domestic relations action. If an attorney has already spoken to the other spouse or parent in a domestic relations matter, then there is a conflict of interest that precludes the attorney from speaking with the opposing spouse or parent.

A knowledgeable and experienced domestic relations attorney can assist you by negotiating, mediating and litigating. This allows you to focus on to a better future. Divorce and family law matters are difficult to navigate alone.

Sabra Janko from Janko Family Law Solutions is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.