The first step in getting the legal help you need is scheduling a consultation. If you’ve never met with a lawyer, you might wonder: What happens during a legal consultation?
Whether you’re seeking help with a divorce or another family law matter, here’s what you can expect and how to make the most of your first meeting with an attorney.
Why Legal Consultations Matter
A legal consultation is an opportunity to share your story, ask questions, and understand what options you have moving forward. Legal consultations are an opportunity to gain knowledge about your situation, whether you retain that attorney or not.
Consults are also a chance to see if the attorney is a good fit, legally and personally. Family law matters are often deeply personal, so working with someone you trust and feel comfortable with is essential.
How to Prepare
Most legal consultations are 30 or 60 minutes. Time goes by very quickly. To get the most out of your consult, prep before your meeting. You don’t want to waste time looking up information or confirming details during your appointment.
Whether your meeting is in person or online, you will want to have the same information readily available to share.
Gather the following:
- Relevant documents: Any court filings, financial records, prenuptial agreements, or correspondence related to your case.
- Timeline or summary: A brief written summary of key events can help the attorney quickly understand your situation.
- List of questions: Writing your questions beforehand ensures you won’t forget anything important during the meeting.
- Personal ID and contact details: This helps the attorney create a client file, if needed.
You can save even more time by having digital copies of these documents ready to share before your consultation. If you choose to retain an attorney, you will be one step ahead if your documents are already organized.
What Will Be Discussed
During your consultation, the attorney will explain the legal process relevant to your matter and provide a general idea of what to expect moving forward. The attorney will also ask questions to understand your legal situation and overall goals. Be prepared to discuss all pertinent details of your case.
Information Gathering
One of the most essential parts of a legal consultation is information gathering. The more open you are, the more helpful your consultation will be.
Some of the questions will be the same no matter your legal matter, others will change depending on the nature of your case.
Divorce Consultations
No divorce is one size fits all. A family law attorney will ask questions so they can tailor their advice to your relationship.
The more you share during a divorce consultation, the more useful your session will be. You will likely have to share the following:
- Your financial situation (both as a couple and as an individual)
- If you have children
- Your desired custody outcome
- If there is a history of domestic violence
- What assets and debts you have
- Why you are choosing divorce
- How long you were married
Once you have painted the whole picture, the attorney can help you decide what type of divorce you want to pursue. If you and your partner agree on most things, you can file an uncontested divorce. If you don’t agree on everything, but can work together well, you can work on a collaborative divorce or settle in mediation. Litigation is reserved for couples who need a judge to decide some of the terms of their divorce.
Child Custody Consultations
Child custody matters are handled as part of your divorce settlement if you are married. If you are not legally married and are not living with your children’s other parent, you can file for a parentage or child custody agreement.
During a child custody consultation, you will be asked if you have established parentage, are seeking child support, your desired custody arrangement, the level of involvement in your child’s life, and details about your financial situation.
Similar to divorce, you can settle child custody matters outside of court if both parties are amicable.
Modification Consultations
Sometimes your life situation will change enough after your divorce has been settled that you will want to modify a portion of your divorce decree. The most common divorce modifications are changes to spousal or child support or changes in custody/visitation.
During a modification consultation, you will explain the changes you want to make and share evidence to support the change. Common examples include financial documents to demonstrate a change in income, an official job offer letter showing you need to move, or evidence that leads you to believe your ex-partner has had a change in income.
Modifications can be quick and easy or lead to long and drawn-out litigation. A consultation will help you know what to expect and how likely it is that you will be successful in your petition.
Pet Custody
Many people see their pets as part of their family. Pets are a unique area of the law. They’re technically property, but slightly different. California allows pets to be seen as a special type of property. Due to this, pets aren’t separated like other assets, at least in a divorce.
Pet custody cases help establish full or co-ownership of a pet. Similar to child custody cases, the court can establish a visitation schedule, fee-sharing agreement, and more.
During a pet custody consultation, you will need to share how long you have owned the pet, who legally purchased the animal, who has done the bulk of animal care, and what your desired outcome is.
Attorney’s Experience and Fees
Legal consultations are valuable because of the advice you receive, but they are also vital because they give you a glimpse into the lawyer’s experience, work style, and fees.
Most attorneys will give you a brief overview of their experience and how they typically approach a case. You can get a good idea from this short encounter about whether they will be a good fit for you. At the end of the day, you need a lawyer who is willing to work with you AND your ex’s representation.
This is the part of the consultation where you get to ask the prying questions. Consider asking the following:
- How often do your cases settle outside of court?
- What is your goal as my attorney?
- Do you exclusively practice family law?
- What is your typical response time?
- What is your fee structure?
- Do you have experience with the judges and court system in my area?
- How will you keep me informed during my case?
- Will you oversee my case, or will I be handed over to another attorney?
Lawyers have different skills, backgrounds, and personalities. You will want to pick someone you feel comfortable with. That can vary depending on the needs of your case.
Next Steps
By the end of your consultation, you should have a good idea of your next steps if you retain the attorney.
Some information, such as detailed billing information and a retainer agreement, might be shared in a follow-up email instead of during the appointment.
How to Get the Most Out of Your Consultation
In many ways, you will control how much you get out of your legal consultation. The more open, honest, and transparent you are, the more individualized advice you will be given. A consultation is an opportunity for legal advice, even if you don’t retain the attorney.
To get the most out of your consultation:
- Be honest and open: Everything you share is confidential.
- Be prepared: Have talking points pre-written and dates and financial numbers ready.
- Prioritize your concerns: Start with your most pressing questions or issues.
- Take notes: Jot down key points and next steps discussed during the meeting.
- Clarify follow-up: If you’re unsure about what happens next, don’t hesitate to ask.
Following this advice will help you have a successful meeting.
What You Shouldn’t Expect
While the consultation is informative, there are limitations. You must have realistic expectations going into the meeting.
Full Legal Advice or Strategy
A legal consultation is a job interview. You are given the opportunity to ask an attorney how they can help you. They will share a wealth of information but won’t give you a complete legal strategy or detailed legal advice. Don’t expect a fully detailed action plan until an attorney is retained.
Guarantees
It is impossible to predict exactly how any legal matter will settle. An honest lawyer will tell you a few likely outcomes but never guarantee anything. If an attorney tells you they will get you everything you want, run. They’re just trying to get your business.
Immediate Answers
Family law matters are often complex and always involve at least two sides. Don’t expect to have all the answers you need from one legal consultation. The attorney can’t review all of your information during this meeting and will likely not have access to much of your spouse’s information. Giving finalized legal advice without time and access to all evidence is impossible.
A Free Consultation
The majority of attorneys charge a fee for consultations, or offer very short free consultations. Compared to the total cost of your case, the fee is typically low, averaging a few hundred dollars.
It is important to remember that even with a fee, the advice and information you receive is usually worth it. Many people find that consultations help them shorten their overall legal battle or save costs in another area. Heading into your case armed with information can save you money in the long run.
After the Consultation
Take a little time to reflect after the consultation. Did you feel heard? Was the attorney clear, respectful, and informative? Were your questions answered, or were you just talked at? Did they seem organized?
It is normal to receive a follow-up email, phone call, or text from the attorney’s office after the consultation. This communication will typically provide fee information and an invitation to retain the lawyer.
You’re not obligated to hire the attorney immediately, but it may be the right step forward if you feel confident in their experience and communication style.
Schedule Your Consultation Today
Every family law situation is unique. Your case deserves the attention and care of someone who understands the process. A legal consultation is the first step toward clarity, guidance, and resolution.
If you’re ready to take that step, we’re here to help. Contact us to schedule your consultation—we’re prepared to listen.
