As much as we would like to avoid it, it is likely that at some point in all of our lives we will come into contact with the court system. This can happen by way of something as mundane as a parking ticket or it could happen by way of a life change like a divorce. Nearly every major life event has some connection to the law in our society, and sometimes those links to the law will require an interaction with the government and in many of those instances, the courts.
A friend of mine asked me, how to know when you need a lawyer. There isn’t one good answer for this. Many factors go into a decision to seek legal counsel. The complexity of the issue, whether or not the other side has representation, and the potential consequences of going without an attorney, are all things that one might consider.
There are instances where going it alone may be feasible, but neglecting to consult with an attorney could leave you exposed. A good example of this would be divorce. In many counties a couple who agrees on everything and is college educated and good a forms can effectively end their marriage without the assistance of an attorney.Let’s say that this couple had a child, and that they were both employed and agreed on no child support and 50/50 custody. The goal was to end their marriage, and they did it successfully and without incident, but no one told them that child support is always modifiable. The court allowed them to agree or stipulate to no child support on the date of the divorce, but what happens ten years down the line, when one parent is far out earning the other. The lower earning parent can file a motion for child support under their divorce. Even if their Judgment of Divorce said the words “child support is not awarded and is forever bared” the state of Michigan has a law that preserves the issue. Child support is the right of the child and neither parent has the right to permanently waive it.
A quick consultation with a lawyer could have left these parents better prepared. Having a lawyer draft the Judgment of Divorce could have prevented the Judgment from being incongruous with Michigan family law.
Making a decision on whether or not to retain an attorney for any given situation is up to each individual. My advice would be that if you are unsure, it is better to consult with an attorney first, and see if retention of that attorney, or any attorney would improve your outcome, or leave you in a better position going forward.
I offer the first 30 minutes free of charge, and a consultation rate that is less than my retention rate for every hour past that. Please call me with your concerns regarding traffic, criminal, family, estate planning, real-estate, or even contract law. If you call me and I’m not the best attorney for the job, I will put you in touch with one who is.