Having an attorney represent you in your case is not a fool-proof method to avoiding mistakes. There are always things you can do to make sure your case is well-prepared so that, on the date of trial or any other hearing, you can present your best case to a judge.
The following mistakes are common with parties who are represented by an attorney. Except for mistake #1, the others are in no particular order because they are all important as well:
1. Being less than truthful--which is lawyer-speak for "lying"- to your lawyer.
2. Not following the advice of your lawyer, and especially as to what you need to do to comply with orders of the court.
3. In court hearings or at trial, answering your lawyer's questions appropriately, then becoming evasive or argumentative with the questions from your spouse's lawyer. Listen to your lawyer's instructions, including those about answering questions, and follow them.
4. Not providing your lawyer with all the documentation you have as soon as possible after he or she requests it from you. This includes providing incomplete documents.
5. Not being informed about the process of divorce in case you and your lawyer part ways for any reason.
6. Not being prepared or organized during the case, for meetings with your lawyer, and not showing up timely for meetings with your lawyer without first re-scheduling.
7. Not asking questions of your lawyer about anything on which you feel you need more information.
I don't include above the mistake of not paying your lawyer his or her fees if you still want representation because I think it's obvious. But you should keep in mind that most lawyers will quickly withdraw from a case for non-payment of fees, even in the middle of the case, leaving you to get another lawyer or doing it yourself--which is why mistake #5 is a great mistake.
Each of the above mistakes can be easily corrected if you just keep in mind that, regardless whether you have a lawyer, the case will have a direct effect on you. So, it is in your best interest to do what you can to keep informed and to get the case going as smoothly as possible.
Vivian C. Rodriguez is a national consultant on case strategy on litigation and alternative dispute resolutions for parties headed for divorce court to avoid expensive and emotionally frustrating divorces. In Florida she is a family trial attorney and certified family mediator.
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