So you want to represent yourself in a family law matter. Your case might involve something as simple as a mutual and respectful dissolution of the marriage. Or it might involve division of assets and liabilities. Perhaps it involves something more more complicated -- disputes about child custody and parenting time. Can you do it? Should you do it? Consider this ad on the Minneapolis Craigslist, called to my attention by Alexander Rhoads, a family lawyer in Des Moines Iowa who participates with thousands of family lawyers around the country in the American Bar Association's Family Law Listserv. **
The posting said:
“This is a current posting on the Minneapolis Craigslist:
“I'm looking for a licensed lawyer (if you just graduated and passed
the bar and can legally practice) with experience in family law
(that's looking for more experience and references) to assist me with
my custody case. I will pay at a rate of $20.00 to $40.00 per hour,
depending on experience and qualifications. This is a case that may
require a minimum of 5 hours of preparation. I am a paralegal and can
help with paper work if needed. I pay for all expenses. I would like
to find someone who could assist with this beginning this weekend.
Please email me.
“No further comment, but notice that the poster claims to be a
paralegal and thus would (presumably) know what an experienced
attorney and paralegal are worth.”
I gathered from Mr. Rhoads’ post that he was writing to say “people are sure cheap. This person doesn’t want to pay the going rate for services.”
My perspective was different. Every child custody case has its own set of unique facts. Knowing and understanding the fine points of family law issues takes years of practice. [Many family lawyers on the State Bar of Michigan call the two-volume set of books Michigan Family Law, published by the Institute for Continuing Legal Education in Ann Arbor, now in its sixth edition “The family law bible.” Imagine how much there is to know about family law concepts that are only summarized in those books.]
Lawyers who have just graduated and passed the bar cannot be expected to know the fine points – and probably not even many important points – of family law. In fact, family law is an elective course at law school, so many graduates would not have taken it. Indeed, no one learns to practice law in law school. That is learned in the next few or many years of hands-on work in the field.
Asking an untested, untried new lawyer, one who “just graduated and passed the bar and can legally practice” to help you with your child custody case is about the same thing as asking an intern to help you do heart surgery on yourself.
The best way to find a competent lawyer to help with a child custody case is to research the Internet to check out local attorneys. Can you tell from their web site whether they have knowledge and experience? Set up interviews with one or more to help you decide. Other sources of referrals are friends and family members and your local bar association.
That’s my two cents worth. What do you think?
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** The ABA Listserv is an online discussion group of dedicated lawyers with a genuine interest in family law. Most specialize in family law in states all over the country. I believe that participation in the listserv is almost as valuable in helping me stay abreast as to everything new in the world of family law as the numerous family law seminars that I attend annually and the new cases that I receive by email subscription from the State Bar Association and from the Michigan Supreme Court upon release. The State Bar of Michigan Family Law Listserv is even more valuable. There, we discuss such topics as new Michigan cases and statutes impacting parents’ rights to their children and Michigan cases and statutes impacting the parties’ rights to significant property. Various Michigan lawyers share their wisdom and experience to help all participants – new lawyers and those who’ve been around for many years – hone our skills and improve our knowledge-base.
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