Strategies for Family Law in Florida Preparing a Solid Family Law Case: New Challenges and Key Considerations

Our Family Law Team Leader, Rebecca Palmer, has again had a chapter published on issues facing family law attorneys. The title is, “Strategies for family Law in Florida: Leading Lawyers on Working with Clients, Creating an Effective Strategy, and Handling Complex Cases”. In the chapter, Palmer addresses:   proposed legislation and the potential impact on Florida family law cases; key steps to take prior to initiating a divorce proceeding; venue selection; serving notice of divorce proceedings; best practices for protecting your client’s assets; custody and child support issues; preparing the client for the courtroom; dealing with complicated family law issues; relocation issues in family law cases; same-sex marriage trends; and key dynamics of the collaborative law process.

Some of Palmer’s key takeaways in her chapter include the following:

• Avoid starting a collaborative law case if you do not intend to settle. Listen to the advice of your professional team and work with your client to try to get all of his or her concerns taken care of so that you do not wind up wasting time and money.
• Advise family law clients to keep in mind that they need to behave in a professional manner when they go to court. Never overestimate your client’s knowledge in this area and keep in mind how nervous the client might be.
• Do not presume that every child is going to flourish in a 50/50 parental contact schedule.
• Identify what the client’s assets and debts consist of, if they are marital or non-marital, and if it makes sense for the client to keep or relinquish certain assets. Ask your clients about their goals at the first meeting – i.e., do they want to keep the house or not?
• Give each client an informational packet when the client leaves your office so that the client feels as if he or she is armed with some useful information – i.e., the client knows what the law is, he or she has a financial affidavit to fill out, the client has a mission statement to look at, and he or she has a list of counselors to talk to. Never tell the client that he or she should or should not get divorced.
• Offer your client realistic expectations and do not get too emotionally involved in your client’s case – remain objective. Make sure that you are well prepared and that you know the law and the rules that pertain to your case. Organization and preparation are key. Get to know your judges and your local family law community. Go to court, go to seminars, and go to lunches with other lawyers. Keep in mind that your primary asset is your reputation.