One question I’m often asked during initial phone calls or consultations is “should I hire an attorney for this?” If you should hire a family law attorney can be a complicated question, but I’m hoping to provide some insight and practical advice on how to answer it in this article. There are certain situations, such as complex dissolution (divorce) proceedings or restriction hearings, where I would always suggest hiring an attorney due to the special knowledge required to handle the situation and/or the severity of the proceedings. More generally though, the “should I hire an attorney?” question can be a difficult question for an attorney to answer and ultimately is a question that the client needs to answer for themselves. Many attorneys, when asked if an attorney is necessary for a case, will start to sell their services hoping to convince you to hire them. My goal with this article is to provide information that will allow you to answer that question for yourself.
Everyone has the option to represent themselves in any domestic proceeding if they choose to, and Colorado has several resources that can assist a pro se party. If you are comfortable and confident in representing yourself the Colorado court system publishes standard forms and instructions to assist you. These forms are typically all you need to proceed through a simple dissolution or allocation of parental responsibilities case. The Courts also provide basic flowcharts to help explain the procedure for simple cases. These forms, instructions, and flowcharts for family law cases can be found here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108.
Many of the courthouses around the Denver metro area also staff self-help centers to assist pro se parties. The self-help centers cannot provide legal advice, so they cannot advise you as to what is marital or separate property, the types of income that should factor into maintenance or child support calculations, or if a specific stipulation is reasonable. However, they can and should make sure you understand the procedure and expectations the Court has as you move through the process. If you need assistance answering the kind of questions that self-help centers cannot advise you about, then that’s a strong indication that you should seek an attorney’s guidance.
Should You Hire an Attorney: Key Factors to Consider
While you always have the option to represent yourself, that may or may not be a sensible approach given the specific circumstances of your case. Some major factors to consider when determining if you should hire an attorney for a family law case are: (1) the facts of the case and your specific goals; (2) your experience with and your mindset regarding the court proceedings; (3) the movement/momentum of the case.
Facts/Goals
The facts of your case, along with your goals in the case, should heavily inform your decision in regards to hiring an attorney. Certain situations require the knowledge and guidance of an experienced attorney while others don’t as much.
For example, if you’re seeking a divorce after a short-term marriage with no children and both parties agree on all aspects of the case, then you may not need an attorney every step along the way. Although, it’s always helpful to have an attorney review any final stipulation before it is submitted to the Court to ensure all items are addressed properly, that you fully understand the legal consequences of the agreement, and that the agreement is enforceable. On the other hand, if there are significant disagreements in the division of assets, maintenance, part of a parenting plan, or any unknowns concerning the finances of either party, an attorney’s experience and insight would be extremely helpful.
There are also more unique proceedings within the realm of domestic law, like restriction hearings, grandparent visitation proceedings, and contempt proceedings. Each of these proceedings have unique elements that must be proven, are typically contested, and are very likely too nuanced for a pro se party to address. In general, the more complicated or contested a case is, the more advantageous it is to seek the assistance of an experienced attorney.
The specific results you’re hoping for also need to be considered when deciding if you should hire an attorney. If your situation is relatively simple and your goal is a straightforward stipulation, then again an attorney may not be necessary at every step of the process. If, however, you’re seeking a more unique and specific resolution, then the assistance of an attorney can be worthwhile in helping direct the case and inform what is and is not a likely and/or reasonable outcome. Of course, if you don’t have the legal knowledge and experience to know if your situation and ideal agreement are “simple” and “straightforward,” then it would be helpful to consult an attorney to gain a better understanding of your situation and potential outcomes.
Experience/Mindset
As you might expect, if you have some experience with family law and understand the basic procedure and likely outcomes, you can feel more comfortable proceeding pro se. One other consideration that many people may overlook, however, is if they are able to take a pragmatic approach to their own case. While domestic proceedings are understandably very emotional proceedings for the parties involved, the law and the Court are tasked with taking a neutral approach to the issues presented. It can be challenging for an invested party to recognize the legitimacy of the arguments an opposing party is making and genuinely consider the issues and potential outcomes from an impartial viewpoint. A good attorney helps address this issue by assisting the client in understanding any legitimacy in the other party’s argument, as well as outcomes of similar cases in the past.
Anyone who plans to represent him or herself needs to seriously consider if they are able to view the issues in a realistic, legal, and impartial manner. This is one of the areas where a good attorney can provide a great deal of value.
Case Progression/Movement
The vast majority of domestic cases are resolved one of two ways. The first way is through a stipulation, or an agreement between the parties, which can be the result of mediation or other discussions between the two parties outside of court.
The second major way domestic cases are resolved is through contested hearings before the Court. These hearings require both sides to present testimony and evidence through witnesses and make legal arguments supported by statute and/or case law to support their positions. There are intricate rules that regulate deadlines as well as what can be presented as evidence and how evidence must be admitted for the Court to consider it. Attorneys spend years throughout law school and their careers learning these rules and perfecting the skills required to effectively present a case. If there’s ever a time when it is critical to have an attorney on your side it’s during a contested hearing.
This all goes to say that any pro se party whose case is steadily progressing toward a contested hearing, or whose case is unlikely to be resolved outside of a hearing should seriously consider seeking counsel, especially if the other party is represented by an attorney.
Types of Representation
One important note for anyone trying to decide if they should hire a family law attorney is the different types of representation available.
When most people think of hiring an attorney they think of “full representation.” This is where the attorney handles all aspects of the case, including drafting and filing pleadings, negotiating with the opposing side, and appearing at Court dates and mediation to represent the client. While full representation is often preferable, as it allows the client to fully benefit from the knowledge and experience of the attorney, it is costly. There is, however, an alternative form of representation that can be a good approach for someone looking for a more cost-effective approach or for someone considering proceeding pro se. This alternative is what’s known as “unbundled representation.”
In unbundled representation the attorney does not represent the client in the traditional sense as the client is responsible for managing their own case and drafting their own pleadings, as well as representing themselves at court dates and mediation sessions. While the client handles all formal aspects of the case, in an unbundled representation arrangement an attorney is available to help the client understand the process, deadlines, and pertinent statutes and case law. The attorney would also be available to help draft documents, research legal issues, and generally answer any questions the client has about their case along the way. Under this type of arrangement the attorney can be thought of as a consultant who for an hourly rate provides guidance and answer any questions you have as you represent yourself in the case. If you find yourself in a situation where the factors above suggest that an attorney is not essential in your case and you’re generally comfortable representing yourself, but you could use some guidance or specific questions answered along the way then you should consider discussing an unbundled representation arrangement with an attorney.
The question of if you should hire an attorney is a largely personal question and heavily depends on the facts of the case and your specific circumstances. The factors above shouldn’t be used as a clear-cut guide that can answer the question for all people under all circumstances. Instead, think of them as considerations to mull over before going and meeting with an attorney about your specific case and goals. If you do end up meeting with an attorney, check out my tips on how to pick an attorney and what to ask at your initial meeting here: https://www.dillielaw.com/blog/what-to-ask-at-your-initial-consultation-with-an-attorney/.
Should you have any questions about anything in this article, or any case of yours, please feel free to reach out to me personally at (720) 507-3105 or DillieLawOffice@gmail.com.
* Please note that the information here is pertinent to the domestic court laws and procedures in Colorado alone as this is my scope of practice. If you are seeking information on hiring a family law attorney anywhere outside of Colorado be sure to consult an attorney familiar with the laws and procedures where the case will be heard.