Hiring a Family Law Attorney When Adopting a Child

Instances Where A Divorce Attorney May Decide Not To Take On A Case

by Jamie Nichols

When someone is served with divorce papers, they will most likely see an attorney for an initial consultation to discuss representation in a court of law. While this initial consultation gives them the chance to see if the attorney is the right fit for their needs, it is also held for the attorney to decide whether to offer their services or not. Here are some red flags attorneys watch out for during this consultation, giving them information they would be better off not taking on the job requested.

Someone Wants As Much Revenge As Possible

If someone goes to an attorney claiming they wish to get as much as possible out of the divorce purely to make their spouse miserable, the attorney may decide to pass on giving them representation. Someone who is more interested in revenge may become difficult throughout the divorce proceedings. They may ask their attorney to request unfair or over-the-top requests regarding property and asset division or child custody. Someone with this type of demeanor makes it hard to get a favorable outcome in a court of law regardless of the help the lawyer tries to give to them.

The Spouse Has Already Reached Out To The Attorney

If the attorney has already been contacted by the defendant's spouse, they will not be able to take on the case if a retainer has already been paid. In many cases an attorney will not discuss the divorce any further with the defendant if their spouse reached out to them, even without the retainer paid. This is because the plaintiff may go back to them in the future to make a payment for representation. While the "first come, first serve" rule is not being adhered, in touchy matters like divorce it is best for the attorney to only have discussions with one party to protect confidentiality.

The Best Interest Of Children Is Not Regarded

If an attorney feels someone is not displaying signs of being a model parent, they may decide not to take on the job in representation if child custody is an issue with the divorce. If someone knows their spouse is better suited at caring for the child or children, it is best that they admit this to their attorney rather try to make their spouse look bad so they gain the children as part of their divorce settlement. If they had been in trouble in the past with the law, or if there is evidence indicating they have a drug or alcohol problem, the attorney will find out. This may come into play when it comes time for a custody hearing, making most attorneys refuse to take on the case if they feel the children would be put at risk.