There is an old saying that the person who represents himself or herself in their own legal case has a fool for a client. Whether there is truth behind the adage, the reality is that, in divorces, limited funds or limited conflict often create situations where representing oneself is the most reasonable option.
By Christopher Fanning
If you’re getting divorced or facing the possibility of divorce, you may rightly be asking yourself, “Do I need an attorney?”
The answer really depends on your specific circumstances. However, the amount of information that you can gain from meeting with an attorney for an hour can greatly outweigh the financial cost of that meeting.
It is not uncommon for the following scene to play out in a divorce attorneys office: an anxious, scared, and/or nervous client facing a divorce, potentially the most stressful experiences of his or her life, sits in a lawyer’s waiting room wracked with uncertainty with an untold number of questions and worries ricocheting around in their head. What are my rights? What am I entitled to? What is my spouse entitled to? How much will this cost? How long will it take? Am I going to lose my children? Am I going to lose my home? How am I going to survive?
It is also not uncommon for a client who had misunderstandings or was misinformed about divorce to leave a limited consultation with the realization that paying for an hour of an attorney’s time saved him or her from making a huge and costly mistake.
Knowing is half the battle and, in both scenarios, education can provide salvation.
One of the best feelings as an attorney is seeing someone walk out of a meeting as if the weight of the world had been lifted from his or her shoulders. We didn’t solve all of the problems in that meeting, but hopefully, armed with information, he or she can breathe easier with the understanding that, while this may not be exactly what he or she wanted, everything will be alright.
There are an untold number of situations where someone facing a divorce may be asking, “do I need to talk to an attorney?” Here are some examples and an explanation of the possible benefit of speaking with an attorney:
We are getting along, do I even need an attorney?
It is great when things are going cordially, but that doesn’t mean that it will always remain cordial. One big step toward keeping things cordial and allowing you both to resolve your divorce while staying cordial is education. Think of it this way, if you are familiar with the concept of gravity, you’re not likely to try to fly by jumping off of a cliff. In a divorce, if both parties understand the basic laws of divorce and how they will likely apply to their situation, it helps both parties make reasonable proposals and concessions and will hopefully allow them to reach a reasonable resolution without having to pay too much in attorney fees.
We don’t have anything or we have very limited assets, do I even need an attorney?
There is no law in Oregon requiring either party to have an attorney and there are self-help forms that many people use to complete their divorces by themselves. It can be beneficial, however, to meet with an attorney to review your paperwork as there may be issues that you haven’t fully considered.
If there are children involved, it also may be helpful to speak with an attorney about custody and parenting time to better understand the two concepts and also learn ideas for crafting a more thorough parenting plan that can help prevent conflicts in the future.
The cost of an hour discussing it with an attorney may save a lot of money and stress in the future.
My Husband/Wife is offering me something and it seems like a good deal to me, do I even need an attorney?
While something may seem like a reasonable or fair resolution, there may be pitfalls or problems that aren’t readily apparent. If you have a misconception about your rights to property, you may lose out on a significant amount of money. There are also aspects of a divorce that can be modified rather easily and others that may be harder or impossible to modify. As such, what seems like a good deal today might not actually be a good deal today or may be a bad deal in the future. The only way to know these differences may be to discuss them with an experienced professional.
Again, the cost of an hour discussing it with an attorney may save you in the future.
I can’t afford to pay a retainer, should I even bother to meet with an attorney?
If you were going into a boxing match, your chances of being knocked out in the first round would decrease exponentially if you had worked with a trainer. Likewise, if you’re eventually going to have to represent yourself through your divorce, knowing your rights and the bounds of a reasonable settlement can help you resolve your case or at least be prepared to defend those rights.
Attorneys will meet with you on an hourly basis to help you prepare to represent yourself and give you the training that you need to put up your best fight or hopefully craft a workable resolution without the fight.
We’re going to mediate our divorce, do I even need to meet with an attorney?
While mediation is an excellent option, entering into mediation or settlement discussions without educating yourself about your rights and options is like sitting down to take a test without knowing if the questions will be about history, math, geography, the discography of the BeeGees, or a combination of all of the topics. If you’re not prepared, you could be wasting your time and money by pursuing an unreasonable solution or you may reach an agreement that isn’t in your best interest.
While you don’t necessarily need an attorney to attend mediation with you, meeting with one to educate yourself ahead of time may save you time, money, and stress.
Regardless of your situation, knowledge is power. Equipping yourself with the appropriate information can save you money, time and heartache. Taking the time to meet with an experienced and caring professional can set you on the right path toward a timely and fair resolution.
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