Lawyer Phobia

 Are you afraid to hire an attorney because it would cost too much and make everything worse? Most people know someone who has been through an expensive and contentious divorce, and want to avoid that scenario. While lawyers do represent clients in litigation, and these divorce disasters do occur, there are a number of other ways that attorneys can provide help, particularly in helping you get the most out of mediation. When legal services are contracted for individually, they are sometimes called “unbundled legal services.”  Not all lawyers will unbundle; many will want to represent you in your divorce, or not work with you at all. It doesn't hurt to ask whether an attorney you are considering using will meet with you on an hourly basis, providing advice as needed.

Ways that Lawyers Can Assist You

1. Advice – Prior to or during mediation, you can see an attorney for advice about divorce law and how it applies to your specific situation regarding money, kids, support and other issues. This information empowers you when you enter mediation, because you have a better sense of the possible outcome if you don't work it out together in your sessions with your mediator.
 

2. Consultation – As specific issues come up, an attorney can answer questions. For example, a client asked, "What are the legal consequences if I admit adultery in court so that we can complete our divorce faster?" An attorney can address that so that you don't end up with unintended consequences even if you file "pro se" (without an attorney). Once you and your partner have a completed mediation agreement, each partner can have an attorney review and make suggestions, then discuss those ideas together in mediation, and decide which suggestions work for you and which you will not use.

3. Writing a legal document - An attorney can rewrite your mediated agreement using legal language that may be more precise than the plain English your mediator uses. 4. Filing divorce papers – While you do not have to have a lawyer to file for divorce, some people want an attorney to guide them through the court process. A “mediation-friendly” attorney can be a valuable asset to you.