Law Office of Raunak Kothari

Although I am not accepting new clients at this time, I am continuing to provide consultations and second opinions about family law matters. As part of this process, I assess the specifics of your case and explain the relevant legal considerations, so you have a well-defined and strategic plan for moving forward.

My consultations position you for success, whether you are selecting your first attorney, thinking about changing attorneys in the middle of your case, or facing post-judgment issues.

To schedule a consultation, email consults@kotharilaw.com.

Goals and Pitfalls

What should be your goal when you consult a family law attorney about your case?

In general terms, the long-term goal is obviously to achieve a successful resolution of the issues in your case, but how does a consultation get you there? Just as importantly, how can a consultation prevent you from getting to where you want to be?

Frequently, people go into consultations without any prior preparation. They fail to think through these issues in advance, even though they are the keys to putting yourself in the best position to succeed and avoiding irreversible problems.

For better context, let’s focus first on the worst things you can do. There are two early mistakes that often lead to devastating consequences – consulting a family law attorney who offers free consultations and hiring that attorney’s firm without consulting any other attorneys.

Free Consultations

Sadly, people have little way of knowing how any lawyers will turn out or what kind of services they will provide. However, one initial warning sign, at least when it comes to family law attorneys, is a free consultation. While free consultations are common in certain fields of law where lawyers collect percentages of the money won for their clients, family law cases do not work that way. In the U.S., attorneys are generally not allowed to have this kind of fee arrangement in family law cases and are instead required to bill their clients on an hourly basis or a flat-fee structure.

In the realm of family law, very few skilled lawyers offer free consultations. When time is a professional’s main commodity, it is rarely offered without cost. Experienced lawyers typically receive compensation for their advice, whether they are representing a client in court or providing advice at a consultation.

The few family lawyers who do offer free consultations are either inexperienced or they farm out consultations to junior attorneys with limited qualifications or even to paralegals (who are not trained or licensed to practice law). In certain firms, senior attorneys do handle initial consultations, but then they assign all the work to their staff. Such attorneys are more focused on marketing than on delivering quality legal services, and they often hire junior attorneys with third-rate credentials who underperform for their clients.

Once people sign up to be represented by a firm that offers free consultations, they often realize that the initial consultation did not even give them a chance to meet the attorney who actually handles their case. People often end up getting stuck with these attorneys, even if they have provided sub-par services. For as time goes on, it becomes harder and harder to change attorneys, especially if finances are an issue.

It is essential to approach free consultations with caution and recognize them as red flags in the world of family law. As a general matter, you should understand and accept that you will have to pay a consultation fee if you want to discuss your case with a competent attorney.

The most critical risk is having your attorney make an irreversible error, which could fundamentally alter the outcome of your case. In the same way that a good outcome can be priceless, a mistake can be so devastating that it is also incapable of being measured financially. Again, when something important is at stake, it is critical to avoid irreversible mistakes. Proactively seeking a second opinion as soon as doubts arise is critical to safeguarding your interests.

Unfortunately, as hard as you may try, it is impossible to know in advance whether an attorney’s representation will be to your satisfaction. If you end up in a situation where you question your attorney’s representation, it is almost always best to cut your losses as soon as possible. Even if you have paid a large retainer fee, you may be entitled to get a portion of the fee back if it has not been used up. Taking prompt action in these situations can save you a lot of heartache and money in the long run. The key to moving on is to consult one or more other attorneys as soon as possible.

The Most Important Rule

Fortunately, there is an obvious step you can take to minimize the chance of getting stuck with an attorney who is not a good fit for your needs – you can make it a rule to consult with at least three different attorneys before retaining an attorney for your case so you have the benefit of different professional assessments of your legal options.

The only downside to this rule is financial, since you will likely have to pay for three consultations. In the grand scheme of things, however, the additional costs are immaterial. First and foremost, the investment in multiple consultations is crucial for gaining a comprehensive understanding of your legal case. A more informed perspective can lead to a significantly better legal strategy and outcome, which is priceless when something important is at stake. The insights gained from multiple consultations can also impact you and your case’s trajectory, regardless of whether the lawyer represents you going forward.

Even if you are just looking to save money, you should understand that the wrong attorney can lead to a much greater overall expense. Finding the right legal fit initially is both prudent and cost-effective in the long run.

Any way you approach the equation, you definitely owe it to yourself to have at least three consultations if anything important is at stake, and even more than three if none of the first three attorneys is a good fit for your case.

Another reason why it is critical to consult multiple attorneys is that there are so many unscrupulous attorneys who handle family law cases. Avoiding a questionably ethical attorney is paramount. There is nothing worse you can do for your case than to select a charming smooth-talker who tells people what they want to hear at first but then changes their tune and fails to deliver the promised results.

Because this rule is so important, it should be repeated one more time for skimmers – if there is something important at stake, you owe it to yourself to consult several different attorneys so you can achieve the best possible outcome. This proactive approach will ensure that you are well-informed and prepared to make the crucial decisions in your case, starting with the selection of an attorney.

If there is little at stake in your case and you are sure there is not going to be a significant disagreement, then this rule is less important, but it is critical for everyone else.

Getting the Most Out of Consultations

There are a number of steps you can take to make the most of consultations and maximize your case’s chance of long-term success.

Especially in emotionally difficult cases, many people do all the talking during their consultations because they need to vent or want to impress the attorney. This is an important mistake to avoid. In order to make the most of your consultations, you should plan to spend only the first fifteen minutes going over the background of your situation. After that, actively engage in a dialogue with the attorney by asking a series of questions about how the applicable laws fit into your case and how you should proceed. Such questions not only arm you with the most important information, but they also yield important insights into the attorney and the interpersonal fit between you. If you find that you went through the entire consultation and the attorney did not answer your questions, you certainly need to take that into consideration.

Another common mistake is to hire the first attorney you meet. Often, people want to avoid having to pay another consultation fee or taking the time to schedule and attend multiple consultations. Such concerns, however, are very short-sighted, especially when it comes to cases where your children’s futures are at stake.

If your goal is to make the best possible decisions, you should prepare a list of questions to ask an attorney in advance of your consultation. Your questions should be broad and open-ended, so you can evaluate the attorney’s expertise and approach and learn as much as possible about the applicable laws, the different possible legal strategies for your case, and the logistics of moving forward.

Second Opinions

A second opinion is a specialized kind of consultation that takes place after you have already been working with another attorney. A second opinion involves going to a different lawyer, describing what has gone on so far in your case, and asking what steps they would recommend going forward.

After working with challenging family law cases over two decades, I firmly believe everyone involved with a difficult case should actively seek out second opinions. Although there is a cost involved, it is negligible in the big picture, especially compared with the costs of taking a case in the wrong direction with the wrong attorney or failing to explore all your legal options.

There is also something to be said for getting several second opinions. Especially if you made a rash choice of attorney in the first place, it’s best to meet with more than one attorney before you pull the trigger to hire a new attorney.

Second opinions are crucial for a balanced assessment of your case, offering an objective view that might contrast with your current attorney’s approach.

Second opinions are invaluable as they enable you to critically assess your current attorney’s services, verify the soundness of their recommendations, and arrive at a balanced assessment of your case. Second opinions empower you with professional conclusions even though the nuances of the legal system may be above your head. After getting a second opinion, you can decide in an informed way whether you should change attorneys or whether staying with your current attorney makes the most sense.

Once you get second opinions about your case, you should be in a much better position to evaluate your original attorney and the issues that led you to become unhappy with them in the first place.

Position Yourself for Success

So what is the best way to position yourself for success in your family law case? It is to have an attorney on your side who is the right fit for your needs and can represent you competently and ethically. The key is arranging consultations with the right attorneys and being prepared for the consultations so you can be well-informed and in control of your legal journey.

To schedule a consultation, email consults@kotharilaw.com.