What many people embroiled in a divorce do not realize is that their relationship with their divorce attorney is very much a team concept. The most effective and experienced New Mexico Divorce Lawyers can have their efforts derailed by an uncooperative or less than candid client. The attorney-client privilege is an important tool that is designed to eliminate the fear of judgment or disclosure of embarrassing information so that clients feel comfortable arming their divorce lawyer with the information the matrimonial lawyer needs to be effective.
Because the attorney-client relationship is most effective when it is pursued by both parties working as an effective team, we have provided suggestions for those facing a divorce to help them be a more effective member of their team, which will also mean that their attorney will tend to be more effective.
Tip #1: Truth, the whole truth and nothing but the truth
When clients fail to provide honest answers, hide assets or misrepresent information, the truth usually comes out but in a way that is far more damaging than if you simply communicated this information to your attorney up front. If you have a DUI conviction, for example, you might be afraid that this might color your attorney’s judgment in a custody dispute. However, the divorce lawyers in our New Mexico Family Law Firm recognize that we are your attorney not your clergy. Our job is to pursue your best interests not to judge mistakes in your past. A DUI conviction can be easily discovered with a criminal records check so attempting to hide it only means that your attorney cannot minimize its impact when your spouse’s attorney raises the issue in your custody dispute.
Similarly, clients in divorce cases sometimes try to hide income or assets from their attorney because they wish to exclude them from consideration during property distribution or the determination of alimony. However, the disclosure and discovery process in a marital dissolution is extensive so this information cannot be easily hidden. The attorney for your spouse may even use a forensic accountant or private investigator to analyze your financial records to discover hidden or diverted income or assets. The bottom line is that hiding information or distorting the facts essentially hinders your attorney’s ability to be as effective as possible. The judge may even punish a spouse if the judge believes the party has been less than candid in sharing required financial information.
Tip #2: Respond to inquiries by your attorney for information and documents in a timely manner.
Whether your attorney is responding to a motion filed by your spouse, providing a discovery response or constructing a potential settlement proposal, you are the gatekeeper to the facts and documents your attorney needs to construct legal arguments and develop litigation or settlement strategies. When you do not provide documents or return your attorney’s telephone calls promptly, it impacts the timeliness of your attorney’s response.
Tip #3: Always communicate relevant information with your attorney.
Some clients are concerned about “pestering” or “bothering” their Divorce Lawyer so they do not contact their attorney when significant issues arise. While matrimonial attorneys are busy, they need to be informed about material facts or significant issues that arise so that they can advise you how to handle those issues or diffuse potential problems before receiving a phone call from opposing counsel. While attorneys certainly appreciate clients that respect their time, you are the client so you are paying for your attorney’s time. If you are worried about running up legal fees, an email to your attorney can be an efficient cost-effective way to communicate non-urgent developments or information to your attorney.
Tip #4: Trust your attorney’s advice regarding the realistic range of outcomes.
Most divorce attorneys have had the experience of having a client say things like:
“I supported my spouse for twenty years so my spouse can pay his/her own way. I do not want to pay alimony.”
The problem is that this position is completely inconsistent with how alimony works. The longer the marriage and more one spouse was the sole breadwinner, the more likely that alimony will be awarded on a long-term basis. Clients retain attorneys because of their knowledge of the law and the types of orders judges typically impose under a specific sets of facts. When your attorney advises you that a position is unrealistic, you certainly may decide to inquire about the attorneys reasons for his position. However, you are paying good money for your attorney’s legal advice so you should consider his or her bases for the advocated tactics and strategies
Tip #5: Consult your attorney before engaging in self-help.
Decisions to engage in self-help in a divorce can have disastrous consequences so you should speak to your attorney before undertaking this type of action. If a primary residential parent does not receive a child support check when it is due, the appropriate response is to contact your attorney rather than refuse the other parent’s visitation until the child support payment is provided. While you attorney can contact your spouse or his/her attorney to negotiate getting the check or file a contempt action, the judge may view you as the party who is in the wrong if you deny visitation.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about the New Mexico divorce process, the Santa Fe Divorce Law Firm of Jay Goodman & Associates offers legal advice and representation in the full spectrum of family law issues. The New Mexico divorce law firm of Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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