The Basics of Family Law in Minnesota
Family law, as understood in Minnesota, encompasses a wide range of issues that relate to the family unit. At its core, family law covers situations such as divorce, child support, custody, and spousal maintenance (also known as alimony). Naturally, these situations are not as simple or straightforward as they seem on the surface. Family law is a complex legal area that relies on intricate laws. The following is a list of some of the most basic family law concepts in Minnesota: This is just a general overview of what family law actually covers in the state of Minnesota; there are numerous other aspects that an experienced attorney will explain to you once you’ve established a working relationship with them . Family law as it stands in Minnesota is not as simple as it appears, and you shouldn’t take any of these concepts for granted. If you have a family law situation that requires the assistance of an attorney, you should familiarize yourself with the concepts above before you schedule your first consultation. Remember that in many family law cases, you’re delving into the inner workings of family life, which means that emotions can play a significant role. The issues involved in a divorce or other family law proceeding are very important to every person involved. Because of that, it’s essential that your family law attorney is not only knowledgeable about Minnesota law but also dependable when it comes to finding the outcome that you and your family need.
Why You Should Take Advantage of a Free Consultation
A free consultation is an opportunity for the prospective client to come in and meet with the attorney. At a free consultation, the attorney may assess the level of cooperation on the client’s part, assess the complexity of the case, and hear the general story from the prospective client. The attorney will typically take some time to give the prospective client an overview of family law cases and procedures, explain the benefits and potential pitfalls of certain strategies that may be considered by the parties and the Court, and discuss the attorney’s general approach to representation. In addition, the prospective client will have the opportunity to ask questions. Most importantly, the prospective client will have a measure of comfort with the attorney and should be able to make an educated decision about hiring the attorney or not. From an attorney’s perspective, a free consultation is an opportunity to build a client base of happy customers. The free consultation will give the attorney a chance to meet the prospective client and assess their level of commitment to the matter, their willingness to be fully open and honest, and whether the attorney and prospective client will get along well in a long-term relationship.
The Free Consultation Process
Once you have found the family law attorney that you are comfortable with in your research, it is time to put them to the test. Once you contact your attorney and schedule a free consultation, then the fun really begins. A free consultation should be an intimate conversation with your attorney about what you are looking to do. Full disclosure, however, this is only going to be a free consultation to you. Your attorney has to eat. So, the firm price for what your case is going to cost is going to be subject to change. That’s all part of life; I can only wish I was still selling "insurance" (I am actually sell "attorney" type services).
You should definitely expect your attorney to ask you questions to determine what is at play in your case. In fact, I normally sit and ask a ton of questions from clients. I try to look at people as much where they came from, how they got to where they are, and where they are trying to go. Think about it – when you show up to court it is a total stranger, whether it is a judge or a jury, who is going to be making a decision about the future of your life when it is all said and done. So, now is the time to arm your family law attorney with what you want them to know.
I also recommend bringing any written documentation that you can to a free consultation. For example, a find a ton of my trial prep comes from a client’s pleadings, which honestly are only client generated. So, if you bring in your divorce, custody, or other pleadings, that’s super helpful. Similarly, anything to do with support, parenting time, and so forth can be helpful at a free consultation. Remember, your family law attorney is not a therapist. So, tell your attorney what matters to them, not to you (unless you are trying to get them to be your therapist, in which case pay up).
Try not to expect that you are going to get free legal advice at a free consultation. I am not a fan of group free consultations either, unless you are a business, which I understand. Frankly, I want you focused on your case and not distracted. If you ask questions that are more general, such as "what do you think about premarital property," don’t be surprised when the response comes back that we can’t have a conversation about something that may not be an issue for you. Similarly, if there are 10 of you all together, then we are not going to be able to have a private conversation. In other words, don’t let a free consultation turn into a case to be won, unless you have a case to be won. Even if you do, you need to take it with a grain of salt. You have to pay your lawyer to give them a chance to win your case. That’s why there is a retainer, and what a retainer does.
Other than that, I would not expect much more than a conversation during a free consultation. If you are ready to hire your attorney, they will give you a formal retainer agreement to sign and pay up. If you want to walk out the door to consider it, then I would encourage you to do so, but at some point you are going to have to pay the bill – no different than a dentist. Work through the details of what the representation will entail. If it is unclear, then talk about it, but keep those communications open. It’s your family law attorney, it is time to start acting like it!
How to Select a Family Law Attorney
When selecting the best family law attorney for your case, you should consider a variety of factors. One major factor should be their experience and specialization within the family law realm. For example, if you are going through a complicated divorce, you may want to seek out an attorney who has extensive experience in divorce cases. Another factor you should consider is how clients have reviewed the attorney you are seeking to hire . You can find online reviews as well as review sites to get an idea of how previous clients have rated their attorneys. Additionally, you should think about how you communicate with the attorney you are considering. Making sure that you have the same communication style as your attorney can be a major factor in ensuring that you are on the same page in order to maximize the likelihood of the outcome you desire.
Family Law FAQs
How much does a consultation with a MN divorce or family law attorney cost?
Typically, a family law attorneys offer 30-60 minute consultations for a nominal fee or free of charge. The fee for the consultation does not always apply toward the final fees incurred by the client that the lawyer would bill at the end of the case’s lifecycle. Under certain circumstances, a family law attorney may apply the fee paid to the consultation to the final legal bill if the client’s matter is accepted by the attorney. Consider this prior to consultation and discuss this with the attorney in advance to understand that if you pay for the consultation and the matter is not accepted by the family law attorney, you are not entitled to a reimbursement of the fee paid for that consultation.
How long will the consultation last?
Most family law consultations you will encounter will be for 30 to 60 minutes. If you are seeking more than a cursory glance at your situation, you will likely need to pay for more than one session; however, each situation is different. It may make sense to meet with several family law attorneys prior to making a decision to complete the necessary work. Pay close attention to how much time the attorney spends with you during your initial consult. A longer consult does not mean you are entitled to more than others, but you should certainly gauge how much attention you will receive from the family law attorney for additional consultations.
How will I know what comes next after my consultation?
The family law attorney you consult with may lay out a plan for the next steps at your consult if they are willing to take on your matter. If they are unable to take on your case but see a clear path forward for your situation, ask them for the steps to take next. Any attorney will be willing to offer you information on how to proceed. An attorney may not be able to take on your case for several reasons. They may simply be too busy at the moment, or perhaps they do not believe your case is strong enough to win. Either way, an attorney who cares about his or her clients and prospective clients will not leave you high and dry after a consultation. While there are exceptions to this rule, be on the lookout for attorneys who would rather make some money than put the necessary work in to get each individual client the result they desire and deserve.
Seeking Out a Minnesota Family Law Attorney
Contacting a family law attorney in Minnesota is relatively straight forward, as a face to face consultation is often essential for both parties to understand the other when it comes to sensitive issues. A meeting can be requested over the phone, by email, or sometimes even through a contact page on the firm’s website. It is also possible to schedule this meeting when on the firm’s premises in the case of an initial query at the right time.
While it is not always straightforward to simply turn up at the firm , because of the largely human-centered nature of these issues it is best that consultations are made in person. If all previous contact has been through email or over the phone, then being able to sit down with a Counselor can be a very effective way of conveying information, and especially one that will be merited should future action be taken.