Making an appointment with a family lawyer is no doubt a daunting prospect for most clients. At a distressing time, I can’t imagine how difficult it must be to think about divulging the most personal of details to someone who is, most often, a complete stranger.
Once you make the decision to speak to a family lawyer, and make an appointment, either with a professional who has been recommended to you or someone you find with a Google search, what should you expect from that meeting?
Meeting Online or Face-To-Face?
Before the pandemic, it would be fair to say that 95% of initial meetings were conducted face to face. Right now, it has tilted the other way, with the majority of meetings being either by phone or by video conference.
There is no doubt that electronic meetings with a stranger can make those initial communications feel a little less natural, but if there is a silver lining to the past two years, both practitioners and the Courts have certainly come a long way to embracing technology.
So for now, work on the basis that the meeting will be an electronic one and that it will take 60-90 minutes, on average, to complete.
Initial Meeting with a Family Law Specialist
You’re probably wondering what you can you expect to have in your information toolbox once you complete the first meeting.
Firstly, you will know whether the lawyer you met with is someone you can build rapport with. If you didn’t “click” with the person, there is no shame in acknowledging that early, and setting about finding someone you can work with.
Family law is tough.
Whether a case can be over and done with in a few weeks or drags on for years, the time you are “in it” is emotionally draining, and you need someone you can trust, not only to know the law but to tell you what you need to know in a way that you can receive it without it adding to the problem.
Discussing Separation
If you have made the appointment with the lawyer to discuss a separation or divorce, you will have a discussion with the lawyer about the status of your relationship with your partner at that time.
That is not because the lawyer has a unhealthy need to know the details but our Family Law Act imposes on the lawyer an obligation to canvass with the client whether there is any prospect of reconciliation. Counselling may be discussed as an option if it is not something which has already been explored.
Discussing Dispute Resolution
The lawyer will discuss with you the various alternatives to litigation as pathways to resolve your matter with your partner.
There are various formal and informal options available and all are preferable to litigation if there is one which is suitable to your case (noting that there are some cases where litigation can’t be avoided).
Talking About Your Options
A discussion about all of the various options would take the whole first meeting, so it is more likely that you will either be given a brochure about the options or advised that they can be discussed in more detail as your matter unfolds.
If your legal matter is a parenting matter, you may be given a referral to a Family Dispute Resolution provider to get that process underway.
So that you have a complete overview, the lawyer will provide you with information about the Court pathway, just in case yours is one which needs to go there, either because you have no choice but to apply for Orders or if your partner has already applied to the Court for those orders.
Relationship History
Be ready to be asked some background and historical details about your relationship, to give the lawyer some context to your dispute and family circumstances.
Some lawyers take very detailed instructions about these matters at the first meeting but others prefer to delay that step until a little later in the process. Others like to have the client provide a statement in writing that they can refer back to when necessary.
Every professional has a different style when it comes to assembling this information.
Getting An Action Plan
Depending on the lawyer, you might receive preliminary advice about the issues in your matter at the first meeting. Other lawyers prefer to defer that until they have more opportunity to take detailed instructions from you or have them from you in writing.
Even if you don’t receive detailed advice, you should expect to leave the first meeting with an “action plan” and an idea of what it is that you want to achieve in the short term, and overall.
Discussing Legal Costs
The lawyer will also discuss legal costs with you, not because they are focussed on getting paid but because again, they are required to ensure that you are fully informed about the best case and worst case scenarios for you in terms of legal fees, depending on how your case progresses and what that particular law firm’s policy is in relation to the payment of fees.
You will be advised about the requirement for there to be a formal agreement in place with the law firm about legal fees. Lawyers usually do not like discussing fees, so they leave it until last, but it is an important aspect of any legal case.
Need A Family lawyer? We Can Help
If we can assist you with an initial meeting with one of our specialist family lawyers, please contact our Gold Coast family law firm on (07) 55104808 or info.bgm@bgm.legal.
