Family Law Attorney Job Description
Family lawyers are among the most sought after attorneys in America. With a staggering divorce rate and complicated issues surrounding divorces, family lawyers are in high demand. While some states, such as Florida, have attempted to make divorce easier for pro se litigants (self-represented) by making available to the general public forms and handbooks, the process is no less onerous and still requires an understanding of the implications each form can create. However, family lawyers handle much more than divorce.
What is a Family Lawyer?
A family lawyer is someone who specializes primarily in handling legal matters surrounding the family unit. Divorce and child custody are the most obvious reasons people think of needing a family lawyer. However, family lawyers handle a variety of matters including, adoption, marriage annulments (as opposed to divorce), paternity and prenuptial agreements. Especially for gay and lesbian couples, family lawyers can also assist with cohabitation agreements and domestic partner registration. Family lawyers may also handle estate planning by creating wills and trusts.
How to Become a Family Lawyer
Like all lawyers, family lawyers complete a four-year undergraduate degree, and then they go on to law school. Law school requires three years of rigorous coursework in all areas of the law. However, many law schools now offer clinical experience, including family law clinics, which offer representation by students (supervised by licensed attorneys) for indigent families. After law school, a graduate takes the bar exam. Once a law graduate has passed the bar exam and a determination of moral character, he may then be sworn in and begin representing clients. These credentials simply enable a lawyer to practice in any legal field.
To specialize in family law, new attorneys typically go to work for an established solo practitioner or law firm that offers family law services. It is rare that a recent bar exam passer starts his own practice. However, even if a lawyer only accepts family law cases, many states will not allow an attorney to advertise that she "specializes" in family law unless the attorney has practiced in family law for a specific number of years and has been certified as a specialist by the State Bar. Certification may require an additional exam or simply peer review by other attorneys who are certified in the specialty area. A family lawyer's earning potential can range from $30,000 a year to millions of dollars a year, depending on the location of the practice, the lawyer's experience and the case load he is willing to manage.
When Should you hire a Family Lawyer?
A family lawyer should be consulted whenever a family dispute arises or when a dispute is anticipated. For example, an individual considering a divorce may want to consult with an attorney before making intentions known to his or her spouse. This is important because in community property states, such as California, transferring property just before a divorce can lead to problems once the divorce is actually filed. Early consultation can make a family transition much easier. However, a family lawyer may be consulted for positive reasons as well, such as adoption or simply creating a will.
How much will a Family Lawyer cost?
Most states do not set a specific fee that attorneys must or are permitted to charge. In some jurisdictions, the State Bar may only require that a fee be "reasonable" or "not unconscionable." Many factors are considered when a client challenges an attorney fee, including the going rate in the community, complexity of the matter, experience of the lawyer, and whether the fee was a contingency fee, flat fee or hourly rate. Most jurisdictions do not allow for contingency contracts in family matters (a contingency fee is a percentage fee based on the outcome of the case). If you are seeking a family lawyer, be prepared to pay a consultation fee upfront and then an hourly fee thereafter, usually in the hundreds of dollars. In a weak economy, some lawyers turn to flat fees so that clients have predictability in the ultimate bill.
How do you find a Family Lawyer?
It cannot be understated that a lawyer's reputation is everything, so word-of-mouth from friends, family, and colleagues is the best source for a reference. Most local bar associations and virtually every State Bar has a lawyer referral service, and obviously the phone directory is filled with advertisements from lawyers. Be aware that you are not obligated to hire the first attorney you consult, and even if you don't hire an attorney you interview, he or she must still keep your information confidential. If you are not comfortable with a lawyer, do not hire him.
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