In today's marketplace, a great number of industries are constantly adapting to best fit the needs of the people whom they serve and the legal profession is no exception. As a result, there are many different methods by which clients can engage counsel to help them with their legal needs. Family law, in particular, is at the forefront in the field in offering clients a variety of processes by which they can resolve their legal disputes. Below is a short list of the most commonly used methods.
Conventional Legal Representation
Conventional legal representation is what most people tend to think about when they are in the process of deciding whether or not they need an attorney. In this more traditional arrangement, a clients hires an attorney to handle every aspect of the case that requires legal attention. The indefinite period of time in this sort of relationship usually involves the attorney doing work before, during, and after the case is active in the court. In this situation, the role of the client is significant, but generally limited to consulting with, and providing information to, his/her attorney.
Collaborative Law
Collaborative Law can most aptly be referred to as the "team approach." A client who chooses collaborative law hires his/her own attorney, but agrees with the other party to work through their case by not going to court to litigate. Attorneys who practice collaborative law are specially trained in the collaborative process and often work together with financial professionals and/or child psychologists to assist in the resolution of the case. One of the most significant differences between this approach and the other approaches is that clients using collaborative law are required to sign a contract indicating that they are committed to the process and that they must find another attorney should they decide at a later point to take their case to court.
Mediation
The term "mediation" refers to any process where two or more people meet with an impartial third party who facilitates a settlement of the dispute. This confidential process can take anywhere from one to several meetings with each session lasting approximately two hours.
Although there are no requirements for someone to be labeled as a "mediator," there are a wide variety of professional training programs that offer certification in the mediation process. Although sometimes clients can be hesitant, many cases are able to come to a mutually agreeable resolution and, if they cannot, parties generally find that the process has been helpful in helping them clarify the areas in which they are not in agreement.
Limited Scope Representation
In this process, the attorney will provide a limited amount of services to the client in his/her family law case. For instance, an attorney may be available to consult with the client in their office, but will not appear in court on their behalf. Conversely, an attorney may be available for court appearances only, yet not be responsible for filing and drafting any written legal documents. Since it is not required for clients to have an attorney to proceed with their family law matter, this process allows clients to have more control over their case and to minimize the amount of money that they spend on legal fees. The attorney and client contract with each other regarding which portions of the case will be handled by the attorney and which portions will be handled by the client.
Sandro R. Tuzzo, Esq. is the author of this post and may be contacted at stuzzo@lpslaw.com Mr. Tuzzo counsels individual clients in family law matters and is also an Adjunct Professor at Hastings College of the Law where he teaches Negotiation and Settlement.
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