Seeking Clarity
It’s an everyday occurrence at most law firms. The phone rings with a potential client’s urgent question. They may have just found out that their spouse is filing for divorce. They might have just found out that their spouse is cheating, and they want to know what is going to happen. The possibilities are endless. But no matter the situation, the questions usually go in one direction. The potential family law client wants an answer to what will happen.
They want certainty. They want clarity. They probably want some peace of mind. And they expect the attorney (or whoever is answering the phone) to know what will happen. It is easy to understand why somebody would want such clarity. In times of crisis, people are nervous and scared. They want answers. They want to know what they don’t know. If they knew, they might be able to handle the crisis better.
Challenge of Giving Immediate Answers
The problem is that no attorney or staff member answering the phone can give a client what they want. Apart from the need to run a conflict check before sharing too much information to ensure that a law firm hasn’t spoken with the opposing party, and the need to establish an attorney-client relationship through a written fee agreement, there are many other problems.
For example, imagine you picked up the phone to call your Doctor. Say you have a sore throat and a fever. You want the Doctor or nurse answering the phone to diagnose the problem. Imagine a patient asking over the phone, “Doctor, I have a sore throat and a fever. I don’t feel right. Do you think I have cancer?”
Why Attorneys Can’t Predict Legal Outcomes
To most out there, it’s pretty evident that no doctor or nurse could answer that question over the phone. They’d have to bring you into the office. They’d need more information and details, and perhaps a detailed history of your prior health conditions and those of your close family members. They may have to run tests, analyze them, and rule out other possibilities.
The reality is that it is the same for an attorney in a family law case. Without bringing you into the office, getting more details, finding out the entire background, and knowing the potential counter-arguments, it would be impossible for an attorney to tell you what exactly is going to happen. There is just no way they have enough information to do so.
Impact of Judges and Jurisdiction
Additionally, results can vary depending on which judge is assigned to hear the case or the county or jurisdiction where the case is heard. If this is a modification action, any attorney would also have to review the pleadings and correspondence from prior cases to fully understand how you got to where you are now.
Complexity of Legal Standards
Legal decisions in divorce or family law actions are also not cookie-cutter With legal standards like what is in a child’s best interests in a custody case, a judge could do many different things It’s the same with legal standards regarding property and debt division where a “just” division carries the day or with spousal support, where the reasonable needs of the parties are considered.
Obviously, an attorney might be able to garner more new cases on the front end by giving a potential client the apparent certainty they are looking for on the phone It would be very easy for an attorney to say, “Hire me, and here is what is going to happen All you have to do is give me a check and not worry about it any longer.”
Why No Outcome Can Be Guaranteed
Of course, this wouldn’t be honest No attorney can offer this kind of certain given that cases are ultimately in the hands of a family court judge who has a lot of discretion But, obviously, after a quick phone call, it is particularly true that an attorney cannot guarantee or predict a result They also cannot guarantee or predict the total length of the case or other costs, given so many unknown factors, such as whether the case will settle or go to trial, and whether it will go up on appeal.
If you are going through a divorce or family law matter and would like to talk to an attorney in person about your situation so that the full details involving your situation can be assessed more thoroughly, Stange Law Firm, PC can help. You can call us at 855-805-0595, or you can contact us online to set up a consultation.
