Legal Question in Family Law in Minnesota

Re: What to ask a custody lawyer before hiring them

Thank you for your question.

Before saying anything more, I would be a little cautious about claims that any lawyer has "won" custody cases. In this area of the law, what constitutes a "win" is very ambiguous. Moreover, the vast majority of custody cases are settled before trial, occasionally during a long period of negotiations, or evaluation by one or more psychologists and social workers, sometimes through the county. The lawyer's skill is requited to develop the facts, educate the client about the process, and position the case so that there is as little risk at possible in the event the case goes to trial. In the end, after all is said and done, the vast majority of cases can not be so easily characterized as "won" or "lost," and I consider such statements more or less meaningless.

Rather than getting the lawyer's batting average, the lawyer should be able to explain how your case should be developed, and present you with a comprehensive plan. In many cases, simply racing to court is the least effective remedy -- if the facts must first be developed. The lawyer should do more than simply give you a recitation about how the court's handle cases. That really tells you nothing. The question is how should your particular circumstances be treated, what are your goals, and does the lawyer's "plan" seem like it will meet your objectives.

Before you are told about win/loss records or court procedures, you ought to listen to the fist questions the lawyers asks, which should sound something like this: What is it you want to do? Where do you see yourself in six months, one year, or more? All the procedures in the world are worthless if the case is not proceeding in a way that will meet your objectives.

Good luck. You may contact me if you have further questions or concerns.