A family lawyer will explain the applicable family law to you, advise about available legal options and act on your behalf. Your lawyer, however, must never decide for you. For instance, whether your case will be settled out of court, or will go to a full hearing is ultimately your decision.
A family lawyer should take instructions from you, but usually, they will not follow them if they think you are unreasonable. You can always seek a second opinion if you feel strongly about what you want. But, you should select your lawyer carefully so that you can be able to trust their judgement.
Be sure that the lawyer you get is experienced in handling family disputes so that he can advise accordingly when it comes to a decision you have to make. If the set of decisions you are about to make requires diverse legal knowledge and one lawyer cannot handle the matter, don't hesitate to get different representation from the same law firm. Eventually, your success is all that matters, and taking chances with lawyers handling your case should never be a gamble.
An experienced lawyer in your locality should provide you with relatively accurate predictions on the outcome of your case. Your lawyer may not always be 100% correct, though. They consider the following aspects in determining the likely outcome in your case.
1. If you have decided to go to court, you should know that certain aspects of family law that are subjective and will be determined by the biases of a judge. Different judges will rule in differing ways in the same case. A good family lawyer should know the predisposition of different judges and advice you accordingly.
2. A good lawyer will ensure that the facts presented in the case are accurate and admissible where the case is to be heard. Such relevant circumstances are such as the value of assets. This is crucial as most of the times there is no agreement on material facts. Even where there is agreement, how the family law will be applied is often in dispute. A good lawyer will not let you rely on wrong facts as when facts are altered, the outcome of a case becomes entirely different.
3. Trends observed in many family law disputes in some areas of Australia such as in Melbourne are that most of these cases are settled out of court. A good lawyer should be able to advise you on the downsides of a full court hearing, despite its advantages as well as an out of court hearing.
Family law disputes are usually sensitive and stressful, and a good lawyer should advise you in ways that simplify such difficulties. When your lawyer is experienced, the possibility of frustration from unrealistic expectations is significantly reduced.Share