CHAPTER FIFTEEN

Working With an Attorney

Tim and Courtney have been married for eight years. They live in a rental apartment and have one child. They each work outside the home and earn $40,000 per year. They have decided to divorce, but their break up is comparatively amicable. They agree between themselves about how to divide the property and debts they have. With the help of a court-affiliated mediator, they have agreed to a joint custody arrangement with their child. Do Courtney or Tim need a lawyer to handle the divorce?

An opening question when faced with a legal problem is: “Is it necessary to hire an attorney?" The answer--as you probably can guess--is: “It depends." The need for an attorney varies with the situation. Many factors should be considered. Among them:

• If you have been served with a pile of legal papers from someone who is suing you and you don’t understand what the papers mean or what you should do next, you should consult an attorney. If you do understand the legal issues and the steps you need to take, your need for an attorney may be less.


• The old adage goes, “A person who represents himself has a fool for a client." Much of the time (maybe most of the time) that is true, but some people are good at representing themselves. A key issue in deciding to represent yourself instead of hiring a lawyer is your level of emotional involvement and ability to take a detached view of the controversy. If you are very angry at the other party (such as in a bitterly contested divorce or contested adoption), it is best to have independent legal help to present the case in an organized, professional way. If you can keep a lid on your emotions and present logical arguments in negotiations or in court, then you may be able to represent yourself effectively.

When seeking legal help, or when considering whether or not to represent yourself, keep in mind that it is not always necessary to hire a lawyer for full-scale representation. You can hire a lawyer for a limited purpose. For example, at the beginning of a dispute (or in the middle of a dispute), you can hire a lawyer just to give advice or review a document. You can pay the lawyer for one to three hours of consultations--explaining the facts of the case to the lawyer and seeking the lawyer’s advice about your rights, additional steps you will need to take, and the likely outcome of the case. You then can than tailor your plans for handling the case based on the perspectives gained from the lawyer. Using a lawyer for a limited purpose rather than full representation sometimes is referred to as unbundling of legal services.

You can also hire a lawyer for the purpose of negotiating a settlement, without committing to hire the lawyer for a long, expensive trial. Even if you already have a lawyer, you may want to consider hiring another lawyer--not for full representation, but for a second opinion. Just as patients often want a second opinion before undertaking major medical treatment, it can be prudent to seek a second legal opinion before taking a major legal action that could impact your life for years to come.

• Examples of When Legal Representation is Necessary... Or Not Necessary
• Finding a Lawyer
• Finding a Specialist
• Referrals
• Fees and Costs
• Collaborative Law
• Helping the Lawyer Help You
• Preparing a Written Narrative
• Danger of Displaying Anger in Court
• Documents to Assemble