The Law Offices of John Ferrara

Should I Wait Until I Have Several Questions Before Calling My Lawyer?


Unless the question needs an immediate response, I would say yes. At any particular time, your lawyer will probably have several cases proceeding. Some of them may be about to go to trial, which requires immediate and all consuming attention.

Every time one calls with a question, the lawyer has to put aside the immediate task, quickly review your file to refresh his or her memory of the basic facts of your case, and then address your concerns. The time to refresh recollection will happen once whether you ask one question or five. Why pay for the lawyer to refresh his or her recollection five separate times with five separate questions when one can pay one time to refresh recollection and ask all five questions together?

What Kind Of Questions Should I Have Ready To Ask My Attorney When Meeting With Him Or Her On My Family Law Case?

Everyone wants to know the likely outcome and the cost. These are the questions the lawyer is least likely to be able to answer at a first meeting. So much depends on how the adversary approaches the case. But after a few meetings or court appearances, the lawyer may be able to answer these questions more easily.

I think the focus of one’s questions early in the lawyer-client relationship should be around (1) how to protect the children from the acrimony of the litigation and (2) how to gather evidence to persuade the adversary or the court to adopt positions favorable to the client.

Should I See A Tax Specialist Before Filing For Divorce?

This is an income and asset specific question. If you do not have much income or assets, you can probably save this expense. If you do have much income or assets, this seems like a very wise investment.

Is It Best To Try And Work With My Spouse To Separate Personal Items Before Going To Court Or Through Our Attorneys?

In most cases, the parties ultimately resolve the personal property on their own. There can be hundreds of items down to cookware and tools. To have a court decide who will get each of these items is often a very poor use of resources. You are probably better off buying new dinnerware than to litigate who should get the chipped dinner plates now in your kitchen.

But sometimes the personal items may be the most important and most difficult items to divide. The last hand drawing by a now deceased child may have no economic value, but can any parent put a price tag on that? A more common (thankfully) dispute that is very difficult to agree upon is who gets the beloved dog. Again, this is often not easy to resolve.

Yes, I think if you can work out personal items with your spouse you will save money and probably save aggregation. But this dispute, like any other dispute, may not be easily resolved and no one should trivialize it.

Why Is It Sometimes Important To Be Willing To Compromise With My Spouse In A Family Law Matter?

If it is possible, compromise (especially early in the process) will generally save money. It may also save something far more valuable: your ability to co-parent and maybe even a little sanity. Forget about the cost, an arduous divorce, lasting a year or longer, is not a pleasant experience. You will be consumed by the process. Your children will be walking on eggshells. If it can be done – – and it cannot always be done – – you are often better off giving up something you might win in litigation to reach the judgment early.

Obviously, you will have to make some decisions about how much you can afford to give up to settle early. Judges and lawyers often encourage settlements, but you have to live with the results. And if you are not left with enough funds to meet your reasonable bills, or a home to live in, or reasonable time with your children, litigation may be necessary.

For more information on Questions To Ask A Family Law Attorney, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

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