Your Role As A Client
This is YOUR case, not your legal team’s case. There are a great number of things that you must do during your case that will benefit you and your case. Failure to do these things can hinder the outcome you expect. Your case is only as good as the information you gather and provide to your legal team.
- Be Informed: You should be as informed and as involved in your case as possible. It is important you read all the information/documents your legal team provides you with.
You should seek updates when you need them. Be patient with responses from your legal team. They may be working behind the scenes and not have gotten a chance to update, but trust that you hired them to help you. While your legal team will provide you with periodic updates regarding changes in the case, upcoming deadlines, developments and substantive issues, there will be times when the case is relatively quiet, and you may not hear from your legal team.
If you grow anxious or want to know the status of your case at any time, you should reach out to your team and ask the questions you have.
- Be Realistic About Expectations: Managing your expectations from the start will help you as you move through the legal process. Understand that not every case will go exactly as planned, there are variables that cannot be counted for or thought of. Your legal team will cover those things as they come up. While you have certain goals, wants, needs and desires, it is important to understand what is legally possible and what is not.
Respect the legal process. If the court issues an order in a hearing such as temporary custody arrangements or child support, follow what the court ordered regardless if you have a paper order signed by a judge or not. The court will see non-compliance if you do not.
- Tell your legal team the trust about all facts: You should be completely honest with your attorney on every aspect of your case and give all the information about anything of importance to your case. This includes not only information helpful to your case, but equally important, all facts which might be harmful to your case.
The opposing party’s attorney will likely find out about them anyway so please let your legal team know your “bad facts.” We find that the “bad facts” are usually not as harmful as you may think and your legal team can help you take proactive steps to mitigate the impact of the “bad facts” only if your legal team knows of them.
Any time you are placed under oath – a hearing, a depositions, discovery or a trial, you will be required to tell the truth, the whole truth and nothing but the truth. You attorney cannot and will not condone any testimony by you which is less than the whole truth. Texas law requires your attorney to ensure you will tell the truth, so just tell the truth.
- Be Wary of Outside Advice: As you go through this process, you will receive a ton of “free” advice. Family, friends and even acquaintances you barely know will give you “free” advice. Be wary of this. Remember this is your case not their case. The facts in your case are different from the facts in their case or situation.
No matter how pure the “free” advice givers are, these people do not know the facts of your case, the court, the law, the opposing counsel, the strategy you discussed and agreed to with your attorney/legal team, or your current situation. They mean well, but let them mean well in someone else’s case.
- Gathering and Providing Information: Facts are the heart of your lawsuit. If you tell your legal team there are police reports to back up your claims/facts, provide the police reports. If you have texts, photos, videos of what you feel is the heart of your claim, provide them to your legal team.
- Keep a File: You should keep all correspondence and documents produced in your case in a folder in your email or file you have at home. Review this file often to see if there are deadlines or information your legal team needs from you.
- Review Opposing Party’s Documents: Your legal team will provide you with copies of all documents supplied by the opposing party’s attorney. It is very important that you review these documents and familiarize yourself with them so you can detect anything important, unusual or untruthful and provide the necessary information/documentation to counter what was provided.
- Making Decisions: no final settlement of your case will be made without your approval and consent. Major decisions will also be made with your approval and consent. Make sure you are timely responding to your legal teams when needed.
With that said, you must allow your legal team the authority to make other decisions which bear on your case, but which involve professional judgment or courtesy. For example, your legal team will draft documents on your behalf and phrase allegations or wants or needs in a specific way, they will file pleadings on your behalf. There will be times when a hearing on a motion or a deposition may need to be moved due to a conflict, resistance to a legitimate request of this nature is often not in your best interest and may cause conflict for you with your legal team.
- Trust your Lawyer’s Expertise: You picked your legal team, trust that the team you picked knows the law and knows how to navigate the legal process. Follow their advice on legal strategy, court procedures, and deadlines.
While your attorney provides legal guidance, you ultimately make important life changing decisions about your case. This includes when to settle or go to trial. Your attorney will present the pros and cons of each decision so you can make informed choices based on that information.
- Attend Meetings and Court Hearings: Be prepared for and attend any meetings with your legal team. Review case details, discuss strategy and address specific issues as they arise.
You must attend all hearings, depositions or other legal proceedings as required. Be respectful, be mindful of your surroundings, be punctual and ready to answer any questions your legal team may have in prepared.
- Social Media: Keep your business off social media. Do not let others “check you in” on social media platforms. Do not think that no one will see your business. Your legal team is trained in the arts of tracking down dirt on the other party, so are they. Keep your business to yourself and help maintain the confidentiality your case deserves.
- Financial Responsibility: Pay your legal fees. You are responsible for paying your attorney’s fees and any related costs, such as court filing fees, expert witness fees; process serving fees. Make sure you understand the billing structure and discuss any financial concerns with your attorney. It is vital that you are on top of your financial responsibility to your legal team and case.
- Maintain a Positive Attitude: Family law matters can be emotionally challenging. It is important to stay calm and composed as possible. If needed, seek therapy with a trusted therapist. Your legal team is not your therapist team. It is vital you maintain emotional stability through this process, it will help you make clear, sound decisions throughout your case.
Your role as a client in a family law case is to actively participate in the process. Be honest and transparent and follow your attorney’s legal advice. Stay engaged in the case from start to finish. Being realistic about your goals and respecting the legal process will help you navigate this emotionally difficult time, and your case will run smoother as a result.