Top Separation & Divorce - Ten tips for choosing your Scottish lawyer
Posted: Wednesday 4 November 2009
Understanding your needs
Lawyers need to be clear and understandable A family lawyer who does not ask the client what they want and why, is a lawyer to be avoided!
Ability to be candid with you
Your desired outcome is not always achievable. Your sense sense of fairness is not matched by what the law can deliver for that client. It is possible to negotiate more or less anything if both parties are willing, but if negotiations fail, then lawyers need to consider what the court is likely to do instead. There is rarely a straightforward answer and it tends to involve a consideration of a range of possible outcomes dependant on a number of factors. It is important therefore that your lawyer can look you in the eye and tell you what cannot be achieved, rather than saying what you want to hear.
Experience, confidetiality and discretion:
A solicitor, or team of solicitors, who can draw on collective years of experience hold a very valuable resource for you Relationship breakdown is a very personal loss which can be difficult to discuss with friends let alone a complete stranger. We understand that and appreciate that your business should remain your business. Every negotiation is different. Every court case is different. At Morton Fraser we have a large team of lawyers who are family law experts. Your issues can be discussed amongst the team, ideas shared, other specialist expert input obtained when required, and collective problem solving whilst being discreet ,sensitive and safeguarding your confidentiality..
Ability to see big picture, but not lose sight of the detail:
It is very easy for you to lose sight of the "big picture" because something relatively minor (but important to you) appears to be the most urgent issue of the moment. An expert family solicitor will have the ability to take an overview of the general situation early on and help the client to map out a strategy dealing with the major issues, while recognising that important points of detail need to be factored in to the final outcome. Most family law problems involve several threads such as children, the family home, financial support, business interests and capital payments all of which require to be spun together before a satisfactory outcome can be achieved.
Ability to measure of value of outcome against the cost of the process:
Litigation, in particular, can be an expensive process. It is important therefore that clients understand the cost any dispute when measured against the value of the outcome. There is little purpose in spending several thousand pounds arguing about a dispute over furniture for example, if it would be cheaper to go out and buy new furniture.
Ability to draw on a range of skills (negotiation, litigation, mediation, collaborative law):
There are many different ways to skin a cat and nowadays lawyers need to have a selection of tools in their tool box to guide clients through the problem solving maze. Most family law problems are resolved by discussion, negotiation and agreement and accordingly your family lawyer should certainly have sound negotiating skills. When a negiotiated agreement proves elusive, litigation may seem the only way forward, but there are alternatives to consider. Mediation is a process which might helpfully be described as "assisted negotiation" and which involves a mediator as facilitator to the discussions. Some family lawyers are also mediators, but most family lawyers nowadays are familiar with the mediation process and can assist clients when undergoing mediation. Collaborative law provides another alternative to problem solving. It is a process that requires voluntary compliance with the process and a measure of good faith and trust. It aims to keep cases out of court where possible and imposes additional constraints on the lawyer to achieve that outcome. At Morton Fraser, the Family Law team can provide experienced negotiators, litigators, mediators and collaborative lawyers
Ability to draft clearly:
Clear communication is central to the task of the family lawyer. If negotiations succeed, any Agreement needs to be captured in a comprehensive Agreement which conveys a clear meaning to clients and lawyers alike. Court drafting is a specialist skill which requires a particular approach which is not always comprehensible to clients but which should nevertheless be capable of ready explanation to client. The bottom line is that the meaning of the written word should not be a mystery to clients.
Being available:
Lawyers are busy people - but so are clients! Cases need to be progressed and that requires good communication. Your lawyer will be involved in lengthy meetings in and out of the office and probably also be in court from time to time and not therefore always be available on demand. However, you should establish that there is a workable system in place to ensure that your case is being properly looked after. If your lawyer is not available, who picks up the baton? Working with a specialist team ensures you can expect a standard of service which will keep you informed on developments and allow you to discuss your concenrs as they arise
Creativity balanced by pragmitism:
Not everything has neat answer. The ability to achieve a sound outcome can often rely upon a willingness to be realistic, to realign objectives, to compromise and to be pragmatic. A case can be all consuming to some litigants and with the consequence that they lose sight of other issues which are equally important (such as expense, health and a balanced life). The pragmatic family lawyer will look for solutions that are conventional or unconventional and will have the ability to "think out of the box" when considering the options which can be tailored to the needs of the client.
Knowing something about the law probably helps!:
Scots Law is a vast subject. Family Law has become more regulated in recent years with the consequence that it is a large and complex subject in its own right. Lawyers cannot be expected to know all of it and few pretend to do so. Knowing where the relevant law is to be found and how to apply it are the key issues. On the other hand, from a client perspective, a little knowledge can be a dangerous thing! It is tempting for clients to look up the Internet to find a solution to problems for themselves. However, they will not know if the law is out of date, or a particular case authority has been superceded, and in particular they will not know how to apply an argument to their best advantage. Accordingly, choose the right lawyer who may not know all of the law, but at the end of the day he/she will make a better job of it than you!
