What Is a "Free Consultation" with a Lawyer?

What happens in my Initial Consultation?

Any good attorney offers a free initial consultation.  However, many people don't really understand what this first meeting is all about.

What is the Purpose of an Initial Consultation?

The purpose of an initial consultation is twofold.  First, you are there to meet each other.  You need to figure out if you and the attorney "click," and if you will feel comfortable working with that person. Does his style mesh with yours?  Will you be able to meet at a geographically feasible location?  Can your own schedule work with the attorney's hours?

Second, you need to let your attorney know why you are seeking legal help.  What is your specific legal issue?  Have you been served with papers?   What exactly are you looking for your attorney to do for you?  You need to be as specific as possible with both your needs and your expectations.  Both you and the lawyer need to determine whether this will be a good match.

What Do I Need to do?

You need to come prepared.  Bring any paperwork along with you.  If you have been served with papers, you need to bring those along.  If you are looking to initiate action against someone else, bring all of your notes, photos, and any other supporting information that might be helpful.  The more information you can bring, the better the lawyer can determine if you will be a good match to his/her skills.

Also, bring along a notepad and pen.  You should definitely be taking notes.  Tell the attorney if you have interviewed other lawyers or if this is the first.  If there are things you like or dislike in a lawyer, let him/her know.  Try to be as brief and succinct as possible, as you only have limited time.  This is your chance to ask about things like fee structures and retainers as well.

How Long Will my Consultation Take?

Typically, a free consultation lasts about 30 minutes and not more than an hour.  Most attorneys will cut you off at the end of an hour, which is why it's important for you to be organized and succinct.

Here at the Law Offices of Heath D Harte, we do not limit the duration of your free consultation.  We will not cut you off after an hour.  Rather,  our free consultation time is unlimited, and we give the client all the time that is appropriate to fully understand the client's circumstances and the options available to them.

Can I get Free Legal Advice During my Initial Consultation?

The point of the consultation is NOT to give free legal advice.  In fact, at this point, legal advice is usually inappropriate.  A lawyer should NOT give legal advice until he has reviewed the specifics of your individual case.  No two cases are the same.  The lawyer will discuss generalities, rather than specifics, during this initial consultation.  Again, the point is not to give you legal advice, but rather, to determine whether the attorney is equipped to handle your case, and to begin to establish a relationship.  If the attorney is not, he may refer you to another attorney who may be more suitable for your particular needs.

Does This Consultation Establish a "Legal Relationship?"

The consultation itself does NOT construe a "legal relationship."  The point is to determine whether you would like to start one.  Generally, the "legal relationship" begins when you decide to retain the attorney.  This may happen at the end of the consultation, or it may happen at a later date.

So is What I Say Confidential?

Yes.  Everything you say during this consultation is subject to attorney-client privilege.  Thus, you need to be honest and straightforward with the attorney during this initial meeting.

Does This Meeting Obligate Me to  Use That Attorney?

Not at all.  Think of this consultation as a job interview.  It is an opportunity to assess each other and decide if you want to establish a working relationship.  But just like interviewing for a job does not obligate you to take that job, interviewing a lawyer does not obligate you to hire that lawyer.

Does This Consultation Obligate the Attorney to Take My Case?

No.  Again, this is an opportunity to meet one another and to decide if you can work together.  A good attorney will tell you if s/he does not think s/he is the right person for the job.

How Should I Act?

Treat the consultation as you would any other business meeting.  Encourage a dialog.  Ask questions, and be prepared to answer them.  Do not expect office staff to babysit children.  Children are usually best left at home, even if the case involves them in some way.  Do not bring your lunch.  Do prepare ahead of time.  You only have a limited time; make the most of it.

Do ALL Attorneys Offer a Free Consultation?

Not all attorneys do.  This is an important question to ask when you first reach out to the attorney. At The Law Offices of Heath D Harte,  we DO offer free consultations. We realize the importance of a good attorney-client match.  However, other attorneys may charge for your first meeting.  Usually, if a Free Consultation is offered, it will be listed on the attorney's website.

Summary

In this article, we discussed the purpose of an initial consultation with a lawyer.  We reviewed what you should expect, as well as your role in the process.  If you are located in the Connecticut or New York area, and you would like to meet with us, please give us a call or fill out the contact form on our website.

Here at the Law Offices of Heath D Harte, we are committed to serving our clients.  Thus, we believe in the importance of a free initial consultation.  We want you to be comfortable working with us.  We believe that lawyers should be affordable.  We do not believe in "nickle and diming" our customers.  We handle many cases on a contingency basis, meaning many legal actions can be taken with no out of pocket expenses for the client.  And to us, a free consultation is a very important part of the process.

Non-Adversarial Divorce in Connecticut

Non-Adversarial Divorce in Connecticut

New Laws go Into Effect, October 1, 2015

Connecticut has approved two simplified procedures for non-adversarial divorces. Effective October 1, 2015, these processes can speed up the divorce process. They may also eliminate the need to appear in court.

What is Non-Adversarial Divorce?

When people think about divorce, a “War of the Roses” type situation often comes to mind.  This is an “adversarial divorce.” An adversarial divorce is one in which the couple is arguing about how to divide property, custody, etc. Conversely, a non-adversarial divorce is one in which the two parties can compromise, reaching an agreement without an all out war. This does not mean there are no disagreements. Rather, it means the divorcing parties, or more often their attorneys, agree to negotiate their differences.  

As of October 1, 2015, in Connecticut, it is also simplified process by which eligible parties can obtain a divorce within 35 days without having to appear before a judge, as long as you meet the criteria.  An adversarial divorce will take a minimum of three months and involves appearing in court.

What are the Criteria for a Non-Adversarial Divorce?

First, you and your spouse must reach an agreement that is fair to both parties and reflects the best interests of the children, (if any.)  Neither party may “contest” the divorce or “charge” the other with grounds, such as abandonment or adultery.  You must meet residency requirements, and you must file a joint petition in the judicial district in which one of the parties resides.  You also must attest the marriage has broken down “irretrievably.”

What are the New Processes?

The first process is a Non-Adversarial Divorce for those with Limited Assets.  This process shortens the process to a mere 35 days, as long as you meet specific criteria.  In addition, a judge may grant these divorces “on the papers,” which means you will not have to come to court.  To qualify, you must first meet criteria for a non-adversarial divorce.  In addition, you must meet the following conditions:

• Have been married eight years or less;
• Neither person is pregnant;
• No children were born or adopted before or during the marriage;
• Neither spouse has any interest or title in any real property;
• The total value of all property they own is less than $35,000;
• Neither spouse has a company sponsored pension plan;
• Neither spouse has a pending bankruptcy;
• Neither spouse is applying for or receiving Medicaid benefits;
• No other action of dissolution of marriage is pending; and
• There are no restraining or protective orders between the spouses.

What if I do not meet these criteria?

If you do NOT meet these criteria, the second new process may apply to you.  This process allows your attorney to file a motion asking for a waiver of the requisite 90-day waiting period.  To qualify, you must have reached an agreement as to all terms of your divorce.  You must also meet the conditions described above.  This still significantly decreases the time period a traditional divorce requires.

What are the Advantages of Non-Adversarial Divorce?

The advantages are many.  First of all, a non-adversarial divorce is significantly cheaper than an adversarial one.  You can save thousands of dollars by avoiding litigation.  Next, a non-adversarial divorce is a lot less stressful.  It allows you to retain more of a sense of control.  It also takes a LOT less time than a traditional divorce.  Fewer relationships are strained, and parties involved have a greater chance of remaining “friends” after the split.  But perhaps most importantly, it allows you to move on with your life much more quickly.

How do I Initiate the Process?

We recommend you start the process as you would a traditional divorce: by consulting an attorney.  During your initial consultation, stress that you are interested in a non-adversarial divorce.  Question your attorney about his track record handling divorces, and ask how successful your attorney has been in keeping previous cases non-adversarial.  Discuss any “problem areas” you anticipate, as well as areas in which you are willing to compromise.

Final Thoughts

Here at the Law Offices of Heath D Harte, we believe in non-adversarial divorces whenever possible.  Even if you do not think you and your partner will be able to work things out, we still recommend you attempt the non-adversarial route.  After all, that is why you are hiring a skilled attorney.  We often take potentially-contentious situations and turn them into workable ones.  We can negotiate compromises where in areas you did not think were possible.  We believe in keeping the battles behind closed doors, whenever possible, and out of the courtroom.  We celebrate the new Connecticut processes that make divorce quicker and less costly.

If your situation warrants, we highly recommend you attempt a non-adversarial divorce.  (Of course, not all circumstances dictate this route, and if yours do not, we will recommend you take the alternate path.) To facilitate this, we often start negotiations before we file the paperwork.  If we cannot take advantage of the new law, we will go back and negotiate a more traditional divorce.  But we always recommend you take the non-adversarial route, if at all possible.