10 Things your Attorney Wants You to Know | The Odyssey Online
Start writing a post
Politics and Activism

10 Things your Attorney Wants You to Know

A Divorce Attorney's Thoughts on Making your Divorce an More Productive Process

37
10 Things your Attorney Wants You to Know
North Charleston

I asked a local divorce attorney what 10 things they wish there clients knew. Here is the list:

1. I can’t help you if you lie or hide information:

Attorneys plan their strategy on information that they receive from ‘discovery’ and from you. If you have something in your past or present that could hurt you in court, tell your attorney right away. If they know about it they can plan for it, mitigate the damage from it or possibly keep it out of the courtroom all together. If they get blindsided in the courtroom with it, you will suffer the legal consequences as well as the damage to the attorney-client relationship.

2. I am your advocate- do what I tell you:

Your attorney is your advocate. They may tell you things you do not want to hear or ask you to do things you don’t want to do, but it is all in YOUR best interest. If you don’t listen to them, what is the point of hiring them? They cannot help you if you won’t help yourself. Do not do the exact opposite of what they advised you to do...and when you do, do not expect them to get you out of the bad situation you caused.

3. Their services are not free:

You are paying for their expertise, education and experience- this is their ‘product.’ Most attorneys are sensitive to financial issues of their clients, so you must discuss this upfront if money becomes an issue. They can and will discontinue representation if your bill is not being paid. If you don’t pay your bill, they can’t pay their bills. Do not expect them to work on an emergent issue on Saturday if your bill is unpaid. Many attorneys require a large ‘retainer’ upfront and ask that it be kept ‘green.’ This is because they know if you can’t find the money while you are in a crisis, you sure as sugar won’t find the money when they finish solving your problems for you.

4. Don’t waste your money:

Attorneys charge by the hour and fraction of the hour. Do not waste your own money by arguing over silly things like houseplants. Do not be surprised if your monthly invoice is high when you have called your attorney every day for the last month. They charge for phone calls and answering emails – it’s all time devoted to your case and your questions. Many things in divorce are statutory, so don’t argue over issues that the law has already decided on. Be smart with the time you expect of your attorney and expect to be charged for the time they spend on you.

5. Courts are “happiest” when both sides are equally “unhappy:”

Don’t make the judge decide who gets grandmas antique silver, or you fathers Civil War rifle. Even though things are rough right now, the more decisions the two of your can make together, the happier you will be in 5 years. You want to look back and feel like things worked out as best as they could and that you acted in a mature and respectful way. You don’t want a 3rd party making decisions that affect the rest of your life.

6. Make sure your kids will respect your behavior when they look back:

Divorce is tough on everyone. You had children with this person and you still need to parent with them even if you can’t live with them. You want to teach your kids that even though you went through a major life crisis, you did it with dignity and respect for the ‘family’ and didn’t put them in the middle. They will judge you when they are old enough to look back on this event, so make sure they can say you did the best you could in the situation. Don’t do things to ‘get even’ with your spouse – it just runs up your bill and makes you look like an angry child. Be the person you want to see your children grow to be.

7. Organization is key:

Make sure you can provide information requested by your attorney and do not hide information when it is requested – this just runs up your bill as your attorney tries to pull it from you and the other side files nasty court pleadings against you. Provide everything in an organized fashion, make a binder and file of your documents and keep copies of everything you provide. If you are open and honest with your attorney and can provide documents to support your story, your process will go much more smoothly.

8. Bring your manners to Court:

Respect for the Court and the Judge, as well as the opposing attorney, are paramount. You only have one chance to make a first impression, so wear your Sunday best. Do not show up to court in leather pants or a cut-offs; that tells the judge that this is not important enough for you to clean up and look respectful, so don’t be surprised when you don’t get any respect in return. Try not to make faces or nasty comments when walking past your spouse. Your attorney is trying to present you in the best light possible, so you need to do the same. And, if at all possible, leave your current lover at home.

9. Be Aware:

Old habits are hard to break. If your spouse cheated on their previous spouse(s) with you, they will likely cheat on you. If someone has been divorced more than once for cheating, the chances go up that your marriage will end in divorce too. It’s not written in stone, it just shouldn’t come as a surprise if it happens. If you plan to marry someone previously divorced for infidelity (theirs), have a strong pre-nuptial agreement done before you get married, it will make the divorce process go much easier.

10. They cannot give you advice if you already have an attorney:

It is against the rules for an attorney to give advice to a client who is already working with another attorney. They can listen to you for a brief consult if you are unhappy with your current attorney, but generally will not agree or disagree with you about specific complaints you may have. They will also be very cautious about taking you on as a client if they are the 4th attorney you have tried to hire because you didn’t like the first 3. They also cannot give you free advice for you to take back to your current attorney so you can tell that person what they should be doing differently.

Hopefully you will never need a divorce attorney, but if you do, hopefully this helps.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Entertainment

15 Times Michael Scott's Life Was Worse Than Your Life

Because have you ever had to endure grilling your foot on a George Foreman?

855
Michael Scott
NBC

Most of the time, the world's (self-proclaimed) greatest boss is just that, the greatest. I mean, come on, he's Michael Freakin' Scott after all! But every once in a while, his life hits a bit of a speed bump. (or he actually hits Meredith...) So if you personally are struggling through a hard time, you know what they say: misery loves company! Here are 15 times Michael Scott's life was worse than your life:

Keep Reading...Show less
Featured

12 Midnight NYE: Fun Ideas!

This isn't just for the single Pringles out there either, folks

15827
Friends celebrating the New Years!
StableDiffusion

When the clock strikes twelve midnight on New Year's Eve, do you ever find yourself lost regarding what to do during that big moment? It's a very important moment. It is the first moment of the New Year, doesn't it seem like you should be doing something grand, something meaningful, something spontaneous? Sure, many decide to spend the moment on the lips of another, but what good is that? Take a look at these other suggestions on how to ring in the New Year that are much more spectacular and exciting than a simple little kiss.

Keep Reading...Show less
piano
Digital Trends

I am very serious about the Christmas season. It's one of my favorite things, and I love it all from gift-giving to baking to the decorations, but I especially love Christmas music. Here are 11 songs you should consider adding to your Christmas playlists.

Keep Reading...Show less
campus
CampusExplorer

New year, new semester, not the same old thing. This semester will be a semester to redeem all the mistakes made in the previous five months.

1. I will wake up (sorta) on time for class.

Let's face it, last semester you woke up with enough time to brush your teeth and get to class and even then you were about 10 minutes late and rollin' in with some pretty unfortunate bed head. This semester we will set our alarms, wake up with time to get ready, and get to class on time!

Keep Reading...Show less
Student Life

The 5 Painfully True Stages Of Camping Out At The Library

For those long nights that turn into mornings when the struggle is real.

3269
woman reading a book while sitting on black leather 3-seat couch
Photo by Seven Shooter on Unsplash

And so it begins.

1. Walk in motivated and ready to rock

Camping out at the library is not for the faint of heart. You need to go in as a warrior. You usually have brought supplies (laptop, chargers, and textbooks) and sustenance (water, snacks, and blanket/sweatpants) since the battle will be for an undetermined length of time. Perhaps it is one assignment or perhaps it's four. You are motivated and prepared; you don’t doubt the assignment(s) will take time, but you know it couldn’t be that long.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments