While Arizona does not have a legal requirement that you must hire an attorney, the reality is that most people do not know enough about family law to manage their divorce, custody, support, or adoption case without legal representation. Laws are written using language that makes them confusing, and they change frequently, so it is no wonder that people would struggle to understand them. However, the wrong choice in attorneys can be even worse than trying to interpret the laws and represent yourself. Fortunately, it does not have to be difficult to make a wise choice and hire the right family attorney for you. Consider the qualities to look for, red flags to be alert for, and additional considerations specific to your particular family law case and you can choose a family lawyer who will represent you fearlessly, without making false promises, and with your best interests at the forefront of everything they do on your behalf. At Sullivan Shick, our family law attorneys are ready to meet with you, learn more about your case, and discuss how we may be able to assist you. Call our Mesa location (480) 605-4880 or our Glendale location (623) 915-0944 to schedule a consultation.
Prioritize Family Law Experience
While there are a number of factors to consider when trying to hire a family attorney, and all of them are nearly equal in importance, prioritizing those attorneys who have family law experience may be one of the most important factors. Different practice areas, such as criminal and personal injury, can be quite different from family law. Individuals who need an attorney to assist them with a divorce or paternity issue will want to feel confident that their legal counsel is intimately familiar with the laws regarding their case, rather than worrying that they may confuse matters or need to refresh themselves on the laws.
Ensure Clear Communication
While individuals want to know that they and their attorney will have regular, clear communication, there is much more to communication than that. The attorney will need to communicate not only with the client, but also the opposing party and their attorney and the judge. Depending on the case, there may also be witnesses, expert witnesses, children, and others the attorney will also need to communicate with. This communication can include responding to clients’ inquiries, engaging in negotiations with the opposing party, and when needed, presenting the case in court.
Arizona family law can be extremely complex. Therefore, communication must also include knowing that the family attorney can effectively communicate the nuances in ways that others understand to ensure that the point they are attempting to make is thoroughly understood. This can be particularly important when a client is seeking reassurance.
Look for Topical and Court System Knowledge
While experience in family law in general is important, individuals will want to ensure that the family attorney they choose also has expansive knowledge of the law regarding their specific case. For example, if the individual is seeking information about adoption, they will want an attorney who asks whether this is an adoption or a stepparent adoption. This matters because A.R.S. §8-103 considers the length of the marriage but does not have a required length before a couple can adopt, but A.R.S. §8-112 provides that a stepparent must be married to the child’s parent for a minimum of one year and reside with the child for a minimum of six months before a stepparent adoption can take place.
Individuals will also want to ensure that the attorney has court experience and thoroughly understands the Arizona family court system’s intricacies. While court experience is important, an attorney who will exercise both critical and creative thinking to resolve the case is also important. Individuals often want the quickest and least expensive resolution, which generally is not going to court. Ask attorneys about the most creative solutions they have found for cases similar to the one in question to evaluate their ability to “think outside the box.”
Consider Work Ethic
In any field, work ethic is often a major factor in deciding who to hire to meet a need. In family law, work ethic matters, but there are different aspects to consider. First, individuals want a motivated attorney who is willing to work diligently on their case. A family attorney who will not give up on their case is important to most people, though they also would like that attorney to be honest and tell them if there is no case to fight.
The other aspect of work ethic to consider is how many cases the attorney has. While it is understood that family lawyers need cases to make money, individuals also want to know that their case will get personal attention and not be shoved aside in a pile of other cases that the attorney may not even remember they have unless they receive a court document or a phone call from the client. Individuals will want to look for an attorney who takes on enough cases to be successful financially, but also limits the number of cases so that they can provide the right amount of attention and effort to every case.
Seek Courage
The top attorneys are those who are courageous. Attorneys who can show respect while not being intimidated, stand up for their client and point out when a wrong has been done, and insist on demanding what they believe their client is entitled to, are more likely to be successful than ones who allow the judge or the opposing side to intimidate them, who back down in negotiations, or who tell their clients to accept unacceptable circumstances. The fearlessness of those courageous attorneys may help them see better results.
Observe for Professionalism and Court Demeanor
While not every family law case will end up in court, individuals will want to be sure that their family attorney is prepared to go to court and can behave respectfully toward judges and other attorneys. Family law attorneys should exhibit professionalism in their offices, in court, and anywhere else they are meeting with or representing their clients.
Individuals should ensure they do not confuse professionalism with arrogance or condescension. Their attorney can be friendly, compassionate, and sympathetic while still remaining professional. At Sullivan Shick, we maintain our professional demeanor while offering our confidence and strength for you to rely on as you navigate your complex and emotional family law needs.
Red Flags to Watch Out For
While there are numerous good qualities to seek out in a family attorney, it is equally important to be aware of the negative qualities to avoid. Individuals should be alert to any of these red flags and seek representation elsewhere if they notice them in an attorney.
Unrealistic Promises or Guarantees
Individuals often want hope when they are seeking legal representation. They want to hear that they have a case they can win or even that they absolutely will win. However, an attorney should not be promising clients or potential clients of any specific outcome. In fact, it is unethical for a family attorney, or any attorney, to make promises or guarantees of that nature.
What an attorney can do is explain the potential outcomes they can imagine, both good and bad, and express hope for the outcome they hope to achieve for their client. They can promise to give their all to representing their client in an attempt to obtain the desired result. If they promise a specific result, move on.
Uninterested or Unable to Understand the Specific Situation
Potential clients often do not fully understand the complex and confusing laws surrounding marriage, children, and families. They expect their attorney to be able to understand the laws for them. To do so, the attorney must understand the specific situation the potential client is in. Two divorce clients can have dramatically different situations and require drastically different approaches.
If the attorney is not asking questions and collecting details, or have done so but still do not understand the specific situation, this may be an indication that they are either not very good at their job or that they are uninterested in this particular client. Either way, the individual should move on to another attorney who expresses more interest and ability to understand their situation. An attorney who is interested in and understands the case is much more likely to invest extensive effort into assisting their client.
Lack of Clear Communication or Responsiveness
Family attorneys are frequently busy. They meet with potential and existing clients, attend negotiation and settlement meetings, appear in court hearings, and handle many other matters for clients. As a result, it stands to reason that a client may not be able to reach their family attorney every time they call. However, the attorney should be returning calls as soon as is reasonably possible. They should also be able to provide updates on the client’s case without needing an excessive amount of time to review the case file.
If an attorney does not return calls, repeats previous updates on the case, or always has someone else in their office returning calls or providing information, this can indicate a lack of clear communication and responsiveness. While speaking with others in the office can be necessary at times, a client should be able to count on speaking with the attorney they hired most of the time. They should also be able to rely on their attorney being able to quickly provide updates on what has happened and what will happen next in the case.
Unprepared or Lacks Knowledge of Relevant Family Law
A family attorney will need to ask questions regarding the details of an individual’s case. They cannot agree to represent the individual or determine how the law would apply to their case without asking these questions and getting this information. However, if they are continually asking the same questions or they do not seem to know what family laws are relevant to the case and how they would apply, this could be a red flag that they are not the attorney to hire.
An experienced and knowledgeable family attorney will keep detailed notes of the information they have already gathered about a case. They may need to do some research regarding the law and how it applies, but unless a case is particularly complicated, they should be able to have a general discussion that provides basic information to a potential client during a consultation.
Additional Considerations
There are many different types of cases that fall under the Arizona family law umbrella. From divorces and adoptions, to paternity cases and prenuptial and postnuptial agreements, these cases are all different. When seeking a family attorney, individuals should start with searching for family law attorneys, but then they should drill down and ensure that those attorneys specialize in the specific area of family law they need legal assistance with. Family law attorneys may specialize in several areas of family law, but if they do not have a lot of experience with the type of case the individual has, it may not be a good fit.
Divorce
Arizona is a no-fault divorce state, per A.R.S. §25-312 which requires the marriage to be irretrievably broken but does not state specific grounds. This means that individuals do not need to cite a specific grounds for their divorce, such as cheating or abuse. In addition to this, a family attorney should also be aware of alternative divorce options, such as divorce mediation and collaborative divorce, which can save their clients money and time by potentially avoiding a trial.
Child Custody and Support
Child custody can be complex. A.R.S. §25-814 provides that if a woman is married in the ten months preceding the birth of her child, her husband is the father of that child. This means if another man is the child’s father, the husband must consent to that man acknowledging paternity. Otherwise, the husband has the same rights to custody and child support as the mother. Alternatively, if a child’s parents are both unmarried when the child is born, the mother is given exclusive legal and physical custody rights until paternity is proven because of her biological connection to the child. These are details a family attorney should know and be familiar with in order to effectively represent their client, whether they are representing the mother or the father.
How Our Experienced Family Attorneys May Assist You
From representation during your divorce to helping you establish an estate plan that protects your loved ones after you are gone, our office has extensive experience and knowledge with many aspects of family law. Whether you need assistance with creating a parenting plan, establishing paternity, or exploring your options for getting divorced without a lot of court hearings, we can review your case and go over the options for how we may be able to assist you. Call Sullivan Shick at our Mesa location (480) 605-4880 or our Glendale location (623) 915-0944 to schedule your consultation.