All people are equal before the law. However, a good attorney makes a significant difference.

The Litigation Process – Part One – The Initial Consultation

On Behalf of | Jun 1, 2022 | Divorce

Every case begins with a consultation. In my office, the initial consultations are always free of charge. This is intended to give the client a chance to get to know the attorney first-hand, present facts about the case and, should the client choose to move forward, lay out a plan of attack for the case. This is also a time for the attorney to assess the strength of the hand the client has been dealt and a chance to formalize the attorney client relationship with the signing of a Retainer Agreement.

The client should come to the initial consultation with any prior court orders in hand. This gives the attorney an opportunity to examine what the Court has already said and done in the case. It may affect the strategy later on. Clients should also bring any additional evidence that is relevant to their case, such as police reports, child support records, letters, photographs, copies of Facebook pages, etc., and virtually anything that they believe will strengthen their case. This is the chance for the client to tell their story to the attorney.

The attorney will then review the materials and discuss the strengths and weaknesses of the case, while explaining the litigation or trial process to the client and collecting basic contact information from them. Once the attorney has a grasp of the issues at hand, he will explain any issues of law that could potentially affect what the client is trying to achieve.

Now, with the preliminaries in the rear-view mirror, it is time to strategize. A good attorney will outline a strategy for the client at the initial consultation so the client has a good understanding of where the case is headed and the reasonable odds of success. The strategy usually begins with the filing of an application, petition or motion with the Court and serving the other side with notice of the proceeding. The attorney will typically give the client a short-hand version of the arguments he will assert to the Court, the position he expects the other side to embrace, and his proposed responses to the opposition.

Then, if the client likes what he or she hears, he or she will have the opportunity to review and sign a Retainer Agreement and formally engage the services of the attorney. While the attorney will assess the strengths and weaknesses of the case, it is important to understand that the attorney cannot and should not issue any guarantees about the case

Please contact Kevin “Buck” Sralla at 210-600-9565 for a free consultation regarding your divorce today.

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