HOW TO USE AN ATTORNEY AS A CONSULTANT, AND SAVE MONEY

It is true that a lawyer can provide useful legal advice, helpful guidance, and strong representation for anyone involved in a Family Law case,  However, not everyone chooses to retain and attorney — and not everyone can afford one.  Fortunately, there are a number of options for obtaining the services of an attorney, and some of those options are very affordable.  One of the most effective, and least expensive, ways to utilize an attorney is to use him or her as a consultant on an as-needed basis.
OBTAINING A LEGAL CONSULTATION
Representing yourself in a contested Family Law action presents an enormous challenge.  Parties to litigation are expected to understand the law and rules of Family Law procedure.  The fact that you are a layman, and not a lawyer, is no excuse for violating procedural rules.  Imagine trying to play in a basketball game without knowing the rules.  The coach calls your name, but when you walk on the court you don’t know how to dribble or pass the ball, or even which basket to shoot at.  That’s the kind of disadvantage you have when you walk into a courtroom as a “pro se” (self-represented) litigant.  You may wind up losing your case without ever knowing why, or how, it happened.  Obviously, it is best to be represented by legal counsel.  But not everyone is fortunate enough to be able to afford to retain an attorney on an ongoing basis.  So, what is the next best thing?  Seek a one-time consultation with an attorney.  In that meeting, which customarily takes place in the lawyer’s office, you will have the opportunity to discuss your specific matter with an expert.  The attorney will describe how the court process works and talk to you about your legal rights. He or she can help you identify the documents (called “exhibits”) and the witnesses that you will need to prove your case.  The attorney can also devise a “game plan” and help you map out a strategy for making a strong argument in court.  This is the time to ask questions, so that you can feel confident going forward.  When the consultation is over and you walk out of that lawyer’s office you should have a much better idea of the law, your legal rights, and how to present your case in the best possible light.
FOLLOW-UP CONSULTATIONS
During the course of the litigation (which can last for several months, or even a year or more) new issues, and new questions, will likely arise.  When this happens, you can follow up by obtaining additional consultations with an attorney, as necessary.  It is important to remember that since the attorney is not representing you in the litigation, he or she will have no obligation to stay updated with the facts and legal issues of your case or perform work on your behalf.  However, by using an attorney to provide you with basic advice from time to time, you will still be far better off than if you were to try to figure things out by yourself, without any legal guidance.
ASSISTANCE IN PREPARING FOR MEDIATION OR SETTLEMENT NEGOTIATIONS
Parties to a divorce or custody dispute would be well-advised to explore the possibility of resolving their issues through mediation or settlement negotiations, rather than fighting it out in court.  No matter how strong your case may be, there is always a risk that the judge might see things differently, and you may lose.  Resolving the case through negotiation gives you the opportunity to carve out the terms of your own agreement, rather than allowing a judge to decide what is best for you and your family.  People who are able to negotiate their own agreement tend to be happier with the arrangement.  Why?  Because it is their agreement.  They made it.  And they “own” it.  It wasn’t imposed upon them by a judge who is a stranger to the parents and the children.
Although mediation (or a settlement conference) is a great alternative to battling it out in court, many people reduce their chances for success by walking into the negotiation session without proper preparation.  This is a serious mistake.  In that meeting you will be dealing with crucial issues, such as custody of children, legal decision-making, parenting time, financial support, and division of property.  Lack of preparation could cause you to overlook things that are important, or it could lead you to make compromises that are not in your best interest.  Not being prepared could also cause you to become so fearful of making a bad deal that you are unable to make a deal at all — and then you miss an opportunity to avoid a contentious trial and reach an agreement that is fair for everybody.  These types of mistakes, due to lack of preparation, can have drastic long-term consequences.   As the old saying goes, “Failing to prepare is preparing to fail.”
For an affordable fee you can obtain a consultation with an attorney to help you prepare for your upcoming mediation or settlement conference.  The attorney will review your legal paperwork, financial documents, and/or other important information, and talk to you about the facts of your case, as well as your needs, your goals, and your wishes.  The attorney can also help you formulate your settlement position and devise a negotiating strategy.  By the time you walk out of that lawyer’s office, you should feel more confident in your ability to negotiate on your own behalf.
USING AN ATTORNEY TO HELP YOU PREPARE DOCUMENTS
For someone going through a simple uncontested divorce, the Maricopa County Superior Court Self Service Center provides forms that can be downloaded online, for free.  These forms can be found at www.superiorcourt.maricopa.gov/ssc.  Hard copies of the forms can be picked up at the courthouse.  However, figuring out how to fill out those forms and navigate your way through the court process can be a daunting and confusing task.  A certified document preparer can fill out your forms but is not allowed to give you legal advice. On the other hand, for the price of an affordable consultation, you can meet with a licensed attorney who will not only check to make sure you have filled out your forms properly, but will also explain your legal rights and describe how the court process works.  You may not have the resources to retain an attorney on an ongoing basis in your Family Law matter, but by using an attorney from time-to-time as a consultant you will have an expert to help guide you through the process.
YOU CAN AFFORD AN ATTORNEY
Utilizing an attorney as a consultant on an as-needed basis allows you to control your costs.  For someone who does not wish to hire a full-time attorney, or for someone who cannot afford one, obtaining legal consultations from time-to-time can pay great dividends.  The attorney can assist you in many ways, including explaining the law; advising you of your legal rights; guiding you through the court process; assisting you in planning your strategy; drafting motions or other documents that you may need to file; and helping you to prepare for mediation, court hearings and/or the trial.  Using an attorney as a consultant is an affordable option, and a very good one.
Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorcecustody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at [email protected]  You can also reach us through our website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.

FIVE TIPS FOR MAKING A GOOD IMPRESSION IN COURT

When you walk into a courtroom for your divorce or custody trial, you are literally placing your future, and everything that is important to you, in the hands of a stranger.  The judge doesn’t know you, but over the next few hours she/he is going to listen to your testimony and consider the evidence you present – and weigh it against the testimony and evidence presented by your opponent.  Then the judge will make a ruling that could alter the course of your life in a good way – or maybe a not-so-good way.
Obviously, having an experienced, skillful attorney is critically important.  But is there anything that you, personally, can do to increase the odds of winning your case?  The answer is a resounding “Yes.”
Here are five tips for making a good impression in court:
1.         DRESS NICELY:      All your life, you’ve heard about “the importance of making a good impression.”  It has been repeated so often that it has pretty much become a trite phrase.  But ignore it at your peril – because that old, worn-out saying happens to be true.  Judges are human.  Your judge will form an impression of you, and the initial impression might be based on your appearance.  Whether that is fair or unfair – right or wrong – doesn’t matter.  It’s a fact.  So, why take a chance?  Dress nicely.  You don’t need to (and shouldn’t) look like you’re ready for a walk down the “Red-Carpet” – that would be overdoing it.  Just a clean, attractive attire is sufficient.  Something a judge would see as appropriate and respectful.  Why should you care?  Because it is the judge who will decide your fate.
2.           BE PREPARED:     There is no substitute for being prepared when you take the witness stand.  In Arizona, Family Law cases are tried to the judge.  In other words, your judge will be acting as both judge and jury.  The Family Court judge’s role is not only apply the law, but also to determine the facts.  You can increase your odds of prevailing by being well-organized and well-prepared.  If you are represented by counsel, your attorney will assist you in preparing for your case.  He or she should spend a great deal of time, before the trial, discussing your objectives, and preparing you for your testimony, so that you can effectively tell your story.  The attorney should also prepare you to withstand the opposing attorney’s cross-examination.  If you are well-prepared, you will be more confident, and you will be much more likely to create a good impression.
3.         BE ATTENTIVE:        Paying attention to the proceedings, and listening to what the attorneys and the judge are saying, can give you an important edge in your court case.  Trying to follow what is happening in the courtroom can give you important clues into what the judge is thinking, and the type of evidence that he or she is looking for.  When you know how the judge is leaning, or what she/he wants to hear, then you can make adjustments “on the fly” and tailor your presentation to achieve the best results.  Not uncommonly, it is the client who picks up on something important that her (or his) ex- says on the witness stand – and by pointing it out to the attorney, the client might be able to change the outcome of the case.  An attentive and engaged client can help the attorney immensely.  So be attentive.
4.         CONDUCT YOURSELF APPROPRIATELY:       How you conduct yourself in the courtroom can determine whether you win or lose.  Keep in mind that throughout the proceedings, the judge is sitting up there on the bench looking down at the participants — and watching you.  Your attorney may be making a strong legal argument, but if you are slouching in your chair, signaling to a spectator in the gallery, sending a text message on your cell phone, not paying attention, or acting in a manner that the judge feels is inappropriate, you are undermining your lawyer’s efforts to represent you.  There is one particular type of behavior that judges roundly hate:  and that is when a client sits at the table and makes faces as the opposing party testifies from the witness stand.  If you think that vigorously shaking your head or laughing derisively will help the judge understand that the other party is lying, you are dead-wrong.  This type of behavior is much more likely to turn the judge against you.  So when in the courtroom, conduct yourself appropriately at all times.
5.         CREDIBILITY IS THE KEY.            The most important asset you have in a court case is your integrity and your credibility.  Where two parties to a litigation are telling stories that are contradictory, a judge will tend to rule in favor of the litigant that is the most believable.  Have you ever watched Judge Judy, or another of the TV judge shows?  While those shows are not at all similar to a real court case, there is still something that can be learned from watching them.  The lure of these shows is that when you are watching the people present their cases, it is as though you are seeing the matter from the same perspective as the judge.  Two people come before the Court.  Each has a completely different story and we, the viewers, are the “trier of fact.”  We know that one of the parties is twisting the facts, but we don’t know which one.  We listen intently and try to determine the truth.  If one of the parties is caught in a lie, or if a party is unprepared and doesn’t seem to be consistent in reciting the facts, then we start thinking that this person cannot be believed.  On the other hand, if a party is well-organized and appears sincere, we tend to lean in her favor.  In the end, we will rule in favor of the person who seems to be telling the truth.  And that is what the judge will tend to do in your Family Law case.  I cannot emphasize enough the importance of telling the truth; of being well-prepared; and of dressing and acting appropriately and respectfully.  It all comes down to credibility.  When you step into that courtroom, make sure that you are the one the judge sees as being the most credible and believable litigant.

Hiring a strong, experienced attorney to represent you is important — but always keep in mind that you and your lawyer are a team.  You can help yourself, and increase the odds of winning your case, by simply making a good impression.

Gary J. Frank is a litigation attorney and mediator with over thirty years of Family Law experience in dealing in divorce, custody, and parenting issues. Mr. Frank has served on the Governor’s Task Force for Prevention of Child Abuse, and has received a Volunteer Lawyer award from the Maricopa County Bar Association for his work with children. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack. He can be reached by telephone (602-383-3610); or by email at [email protected]; or through his website at www.garyfranklaw.com. If you are in need of a consultation regarding any area of Family Law, please do not hesitate to contact us today.