Category: General

Family law is a legal practice area that focuses on issues involving family relationships such as marriage, adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations. They can also draft important legal documents such as court petitions or property agreements.

Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce. The matter of family encompasses so many life aspects. Lawyers in the field, therefore, help all kinds of people facing all kinds of sensitive issues that many people wouldn’t immediately assume go under the family law umbrella.

The following is a primer on family law and what it entails.

Helpful Terms to Know

• Emancipation: A court process through which a minor becomes self-supporting, assumes adult responsibility for their personal welfare, and is no longer under the care of their parents.
• Marital Property: Property acquired by either spouse during the course of a marriage that is subject to division upon divorce.
• Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce.
• Paternity: Origin or descent from a father (to establish paternity is to confirm the identity of a child’s biological father).
• Prenuptial Agreement: An agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.

Reasons to Hire a Family Law Attorney

Most family lawyers represent clients in divorce proceedings and other matters related to divorce. But family law is a relatively broad practice area, including such issues as foster care and reproductive rights. Since family law matters hit so close to home, having a trusted legal professional by your side can help you ensure your loved ones are properly represented and protected during any legal process.

The most common reasons to hire a family law attorney include:

• Divorce: Each partner hires their own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).
• Child Custody / Child Support: Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.
• Paternity: In most cases, paternity cases are filed by the mother in an effort to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.
• Adoption / Foster Care: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Therefore, it’s important to consult with a family law attorney. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation.

Related Practice Areas

Family law often intersects with a wide range of other legal practice areas. For example, instances of domestic violence and child abuse typically involve criminal investigations (and may result in arrests and charges). Along with that process, family courts are tasked with determining how to best protect the victims and ensure a relatively safe environment for those involved. Other related legal practice areas include the following:

• Mediation and Collaborative Law
• Estate Planning
• Immigration and Naturalization Law

Marriage and Divorce Laws Vary by State

States have the right to determine “reasonable formal requirements” for marriage, including age and legal capacity, as well as the rules and procedures for divorce and other family law matters.

The timeframe of the divorce process, for example, depends on location. Some states have divorce laws that require a waiting period. Same-sex marriage has historically been a state matter. Prior to the Supreme Court ruling legalizing same-sex marriage, some states restricted marriage (and divorce) to opposite-sex couples only.

Need Help With a Family Law Matter? Talk to a Professional

Whether you’re in the process of a divorce, need help with an adoption, or have questions about enforcing a child support order, it’s often in your best interests to work with an attorney. Get the help you need by contacting an experienced family law attorney near you.

When facing legal trouble, or pursuing legal action against another person, some people may be tempted to represent themselves in order to save costs. While you may want to avoid legal fees, the repercussions of not hiring legal representation can far outweigh saving a few dollars. Here is why you should always consult with a lawyer before any legal proceeding:

1. Lawyers are professional negotiators
2. Lawyers are subject matter experts
3. Lawyers can present you case in an organized manner
4. Lawyers know court etiquette 
5. Law is extremely complex
6. The other party will most likely have representation
7. Lawyers are not emotionally involved

Lawyers are professional negotiators. Even if it seems like your case has no hope, and you think representing yourself without a good criminal defense lawyer won’t matter for the outcome of your case, you should still consider representation. Lawyers are great at negotiating sentences and can lower the amount of time you serve. In some circumstances, they can even get your case dismissed.

Lawyers are subject matter experts. When it comes to the finer details of your case, nobody has the knowledge and expertise quite like a lawyer. If you hire a good lawyer, they will do their homework on your particular area of legal emphasis and may have previous experience in dealing with it. These seemingly small details can have a major impact on the outcome of your case, so hiring a legal representative is imperative.

Lawyers can present your case in an organized manner. Court proceedings have an order to them, and unless you have studied law, you’re not going to be very well versed in the structure of your proceeding. Presenting your claims/evidence in the right structure can help simplify your case for a jury, and ultimately lead to a better outcome for your case.

Lawyers know courtroom etiquette. Motions, presenting witnesses, and submitting evidence (as well as many other actions in the courtroom) have to be done in a certain manner. The courtroom is not a free-for-all, and it takes a person with specific courtroom knowledge to jump through the legal hoops that will help strengthen your case.

Law is extremely complex. Legal jargon, and the ability to understand the law, are extremely difficult to navigate. This is why lawyers spend a significant amount of time in schooling and have exams they must pass in order to verify their knowledge. Legal representatives not only have a wealth of knowledge, but also a significant amount of relevant resources they can call upon to help them with your case.

The other party will most likely have representation. Nine times out of ten, the party pitted against you will have hired a lawyer to represent them. The last thing you want to do is put yourself up against someone who is trained in the law when you yourself are not. If your opposing party has hired a lawyer, it is best to follow suit for the sake of your case.

Lawyers are not emotionally involved. While this may seem like a negative aspect, this doesn’t mean the lawyer does not care about your case. Simply put, a lawyer is less likely to cause disruptions in the courtroom and will most likely have less clouded judgment when it comes to your case. Keeping a level-headed, fact-oriented mindset in the courtroom is extremely important when presenting your case.

Law firms come in a variety of shapes and sizes, ranging from single-attorney law practices to multi-state, multi-staffed legal organizations. In addition, law firms in the U.S. are generally equipped to handle nearly every legal challenge facing individuals, small businesses, and large corporations.

Depending on your legal issue, there are a variety of law firms to choose from, generally broken down by size, type of practice, (for example, litigation, criminal defense, or transactional), location, or legal topic (like personal injury law, family law or tax law.) While there is no one-size-fits all solution to solving legal problems, choosing the right law firm can make the difference between a successful outcome and missed opportunity. Knowing which law firm to hire will depend on a number of factors – including your finances, geographical location, personal work preferences, and your specific legal challenge or need.

Below is a summary of the various types of law firms available in most areas.

Solo Law Firms

As the name suggests, solo law firms are run by a single lawyer. These “solo practitioners” typically handle general legal matters on a variety of topics — ranging from personal injury law to family law, but may also specialize in one particular area of law, like patent law. There are several benefits to working with a solo law firm, especially if you have a single legal issue to resolve or if you are looking at ways to reduce costs. Generally, solo law practices are less expensive than their larger legal counterparts, and they often have the flexibility to hire outside staff such as paralegals and legal experts – to help lower costs and/or assist with special tasks. They can also provide more one-on-one personal attention since the attorney would be working on your case usually single-handedly.

On the other hand, solo law firms may lack extensive experience or resources – especially if the attorney is a recent law graduated who recently decided to “hand up their shingle” or has limited access to fee based legal resources and data.

Small Law Firms

Small law firms, also referred to as “boutique” law firms, generally employ from two to ten attorneys — often allowing the lawyers an opportunity to collaborate with other lawyers on complicated or related legal matters. Because of the close-knit circle of lawyers in small law firms, these firms often have the “feel” of solo law firms – such as having close one-on-one attention – but may also allow for representation on a broader range of legal topics.

Large Law Firms

Large law firms, also known as “full-service” firms, can range in size from several dozens of lawyers and employees, to several thousands of employees including lawyers, paralegals, administrative staff, human resource specialists, librarians and other staff – and can exist in multiple cities, states, and even countries.
Large law firms specialize in all areas of the law and typically have big legal departments, such as corporate, employment, and real estate groups.

FINDLAW NEWSLETTERSStay up-to-date with how the law affects your life

Enter your email address to subscribehttps://www.google.com/recaptcha/api2/anchor?ar=1&k=6Le_xqsUAAAAAGB49ROuHtkE9yN9Nt0w_fGyfs4e&co=aHR0cHM6Ly93d3cuZmluZGxhdy5jb206NDQz&hl=en&v=1p3YWy80wlZ7Q8QFR1gjazwU&size=invisible&cb=ec2ldrwzxfd2

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Additionally, large law firms are able to handle most types of legal work, including business transactions (like mergers and acquisitions), large scale litigation, and criminal defense matters (especially “white-collar crimes”.) Moreover, the typical client of a large law firm is a company, organization, or other high-stake entity, but may also represent individuals with legal issues spanning multiple practice areas.

Litigation vs. Transactional Law Firms

Law firms are sometimes broken down by the type of legal services they offer. For example, a law firm might only focus on litigation, representing clients in court cases — or it can focus on transactional matters involving heavy paperwork relating to disputes over money, property, and insurance.

Lawyers typically do not cross over practice areas within a law firm, however. For instance, lawyers who are trained to represent clients in court hearing and at trials typically stay within this type of practice for the duration of their career. Similarly, transactional attorneys who handle corporate and other drafting-intense work may never see the inside of a courtroom.

Criminal Law Firms

Law firms specializing in criminal defense against crimes such as securities fraud, DUI and other crimes often focus on representing private clients who can afford their own criminal defense attorney (as opposed to being represented by a public defender.) A person facing criminal charges will often hire a criminal defense lawyer to assist them in all stages of the criminal process to help reduce the serious penalties often associated with criminal charges.

Moreover, because of the nature of what’s at stake in criminal proceedings, lawyers who work within criminal defense law firms are usually very skilled and knowledgeable about the laws and procedures, and often have relationships with local attorneys and judges. While the cost of hiring a criminal defense law firm will vary – based on the law firm’s experience, track record and location, for example – it is probably wise to speak with a variety of criminal lawyers in your area to represent you in any criminal proceedings.

Law Firms by Practice Area

In addition to size, location, and type of practice, law firms can be broken down by legal topic area. These “practice areas” refer to the types of legal issue you may be facing, or alternatively, the area of law an attorney’s practice lies. Click here for a full list of practice area definitions or search for a lawyer or law firm by practice area.

There are a number of legal issues that can trip up small businesses. Here are a few tips to make sure your company operates as smoothly as possible.

1. Form a Separate Entity

Determine the proper entity structure for your business. Your choice of entity influences how you borrow money, how you will be taxed and how you structure the sale of your business. Set up your business from the start in a separate entity so you protect your personal assets. Otherwise, you are personally responsible for the debts and obligations your business incurs.

Your company must have enough capital to pay the company’s foreseeable debts and expenses. Lenders realize that a newly formed business may not have the resources to repay a loan and frequently require the business owners to personally guarantee any loans. Many entrepreneurs fail to fully appreciate the impact of guaranteeing their company’s debts or personally guaranteeing other contractual obligations of the company, such as leases. Small business failures can cause financial hardship or bankruptcy for the individual owners.

2. Maintain Proper Records

Verify that the organizational documents are in place. Your business is required to create and maintain proper records including such items as adopting resolutions documenting business decisions, paying payroll and taxes, maintaining the company’s bookkeeping, complying with federal and state labor, safety and wage requirements, and acquiring and maintaining licenses or permits. Be sure to keep your business and personal finances separate.

You should have an agreement that covers items such as management, voting protocols, profit-sharing, restrictions on adding new owners and how the owners will solve disagreements. These items are typically included in an operating agreement, company agreement or stockholder agreement. Having a well-considered agreement can limit disputes and promote harmony among the owners.

3. Adopt a Buy-Sell Agreement

It is likely the ownership of your business will change over time. A buy-sell agreement provides for the orderly acquisition of an ownership interest in the event an owner leaves the business. Common trigger events include death, disability, termination of employment, divorce, retirement, bankruptcy or the owners no longer get along and want to split up. A buy-sell agreement addresses how the business will be valued when a trigger event occurs and describes how the payout to buy the departing owner’s interest will be structured.

4. Investors and Securities Laws

Many small businesses owners turn to outside investors to raise cash to operate their businesses. Frequently the owners and investors disagree on how the business should be run. Choose your investors carefully! Be sure to update your business’s governing documents to address the new ownership and management issues.

If people or companies are investing in your business, you must comply with the appropriate securities law disclosures. Otherwise, if the investors lose money, they can sue you for treble damages.

5. Insist on Written Contracts

Too often, entrepreneurs value speed over accuracy when it comes to detailing relationships with partners, vendors, customers and even employees. Verbal agreements are virtually impossible to enforce. Contracts must address each party’s obligations and explain how potential issues concerning your products or services will be resolved.

Be sure to document any modifications or extensions to your agreements in writing.

6. Require Employment and Independent Contractor Agreements

It is critical to hire good employees. But that is only the first step, businesses need to be aware that they must comply with various state and federal employment regulations.

Employee and independent contractor agreements are often vague or non-existent. Protect your business trade secrets, such as pricing, client lists, data, know-how, product specifications, business plans and marketing plans with agreements so employees and contractors cannot leave and start their own businesses competing against you.

A handbook is an essential tool for managing employment matters. It informs employees of the company’s policies and expectations. It can also provide the company with protection against potential employee lawsuits and other complaints.

7. Review Non-Compete Agreements

Non-compete agreements are enforceable in Texas if they are reasonable. Review all non-compete agreements your employees, independent contractors and you have signed and determine whether there are any restrictions that apply to your workers or you.

8. Protect Your Company’s Intellectual Property

Intellectual property includes any work that is the result of creativity, including inventions, discoveries, know-how, or processes. Require employees and independent contractors assign new technologies or processes they develop to your company. Properly register trademarks and license software to third parties.

Many times, the profitable verticals of a business evolve. Ownership of intellectual property in a relatively insignificant area may be critical for future success.

9. Use NDA’s

When exploring the possibility of working with other businesses or individuals, do not share your business’s confidential information, strategies, know-how trade secrets or proprietary information without first obtaining a non-disclosure agreement from the other party.

10. Take Steps to Avoid Litigation

Generally, litigation should be considered as a last resort. It is very expensive and distracting! In many cases, better solution is to negotiate disputed matters.

Litigation often results from poor planning, documentation and execution. Document all transactions with third parties and especially document any disputes. In many cases, litigation is the result of signing a bad contract or not fully understanding what you have signed.

11. Get Legal Advice!

Wrong decisions or inadequate legal documents can cost you! In an effort to save money, small business owners may try to draft documents themselves. Oftentimes, it is significantly more expensive for an attorney to go back and fix these documents than to simply have the attorney handle the matter from the outset.

Experienced counsel can help a small business spot and avoid legal issues before they become destructive to the company. Seek legal advice before making important business decisions.

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide.  However, while technically correct, this short answer is incomplete.  Especially if you are charged with a crime like intoxicated driving.

One reason this explanation is incomplete is because it ignores the issue of jury nullification where judges are thought to be “judges of the law.” However this is a complicated and controversial topic, and beyond the scope of this article. To learn more about jury nullification, see; What is Jury Nullification and is it Lawful in Michigan?

What is a question of law and who decides these questions?

Questions of law relate to things such as what law applies to a particular case or controversy, how the law applies in a case, what evidence is and is not both relevant and/or admissible, and what instructions to give to a jury. In a criminal case involving chemical evidence, like a breath test in a drunk driving case, or ballistics evidence is a murder case, this evidence can be suppressed by the judge if an interpretation of existing law suggests that the evidence should not be admitted at trial. The validity of an arrest, and the admissibly of a confession, the admissibility of evidence, these are all legal questions. Traditionally, questions of law may only be resolved by a judge.

What is a question of fact, and who decides these questions?

A question of fact can only be resolved by a jury or by a judge on a bench trial, meaning a trial without a jury present. A typical question of law in a drunk driving case is whether the prosecutor has proved a person is intoxicated because the officer testifies that they failed one or more field sobriety tests, had slurred speech or bloodshot eyes. In a self-defense case where a murder has occurred a question of fact might be whether the accused had an honest and reasonable belief that there was imminent risk of death, serious bodily injury or sexual assault. To make either determination the jury are said to be “judges of the facts.”

Who decides if a jury will be empaneled to “decide fact questions?

As with any other crime in Michigan, if you are charged with intoxicated driving, then you have an absolute right to a jury trial.  You have this right regardless of whether the intoxication is allegedly caused by alcohol, marijuana, or some other drug. You have this right because both the Michigan and United States Constitutions indicate that a person accused of a crime has an absolute right to a trial by jury.

Because this right is yours and no one else’s, it will be up to you, not your lawyer, to decide if you want a trial in your case. However, in making this decision you will need to discuss your case with your lawyer, and then decide if you should plead guilty or whether a trial is in your best interest.  As part of this discussion, it may be helpful for you to understand the role a jury plays in a trial; and that role is to be the finders of fact. In a jury trial, this principle is set forth in standard Michigan Criminal Jury instruction 3.1 as follows:

Duties of Judge and Jury

(3) As jurors, you must decide what the facts of this case are. This is your job, and nobody else’s. You must think about all the evidence and then decide what each piece of evidence means and how important you think it is. This includes whether you believe what each of the witnesses said. What you decide about any fact in this case is final.

(4) It is my duty to instruct you on the law. You must take the law as I give it to you. If a lawyer says something different about the law, follow what I say. At various times, I have already given you some instructions about the law. You must take all my instructions together as the law you are to follow. You should not pay attention to some instructions and ignore others.

But what exactly is a “question of fact” and how does that differ from a question of law?  In a criminal case a question of fact might be “was a search warrant supported by probable cause” or, looking at the rules of evidence, “is the breath or blood test admissible?”  Another common legal issue might be “was the traffic stop lawful.”  These are all issues for a judge to decide prior to trial.  A jury does not have the authority or power to decide these legal issues, and therefore cannot, for example, dismiss a case because the police unlawfully stopped or arrested you.

However, in deciding these legal issues, judges often must make findings of fact, and this is because most issues are a combination of law and facts.  This is where things get more difficult to understand or explain. “[T]he appropriate methodology for distinguishing questions of fact from questions of law has been, to say the least, elusive.”[i]  Also, the Court has yet to arrive at “a rule or principle that will unerringly distinguish a factual finding from a legal conclusion.”[ii]

Therefore, certain legal issues, even once decided by a judge, can still be addressed with the jury.  For example, if prior to trial your lawyer argues that the breath test should be suppressed because the police didn’t observe you continuously for 15 minutes prior to the breath test, and the judge denies the motion, the judge is saying that your legal issue “goes to weight rather than admissibility.”  This means the judge has found that the breath test is admissible, but it’s up to the jury to decide what weight to give the test.  In this example, it means the jury must decide if the lack of 15-minute observation means the test is not reliable. Again, the Michigan Criminal Jury Instructions cover this issue in 15.5.

M Crim JI 15.5 Factors in Considering Operating While Intoxicated [OWI] and Operating While Visibly Impaired [OWVI]

As you consider the possible verdicts, you should think about the following:

(7) In considering the evidence and arriving at your verdict, you may give the test whatever weight you believe that it deserves. The results of a test are just one factor you may consider, along with all other evidence about the condition of the defendant at the time [he/she] was operating the motor vehicle.

Because it’s not always easy to understand the limits or extent of power of a jury in a criminal case it will be important for you to discuss any legal vs. factual issues that may exist in your case, the strengths and weaknesses of these issues, and how these issues may play out during a jury trial.  Armed with this information you will be able to make fully informed trial or no-trial decision.

“Law” is a system of rules designed to regulate behavior in both public and private society. Social and/or governmental institutions create and enforce these rules. Humans have been making laws for thousands of years. Early examples include ancient Egyptian law, Babylonian law, ancient Chinese law, and Old Testament law. There are many categories of law, including criminal law, civil law, and so on. Why does law matter at all? Here are ten reasons why:

#1 Laws set the standard for acceptable (and unacceptable) behaviors

At its most basic, the law is about mitigating conflict. When creating laws, societies reckon with what drives conflict. Some things – like murder and theft- are obvious and have been included in laws stretching back to ancient times. However, as time goes on and societies change, what’s considered acceptable changes, too. Legal systems adapt so they can provide clarity and context for unacceptable actions. They also offer guidelines for appropriate consequences.

#2 Laws provide access to justice

If it’s against the law to punch someone in the face, someone who gets punched can do something about it other than simply swinging back. In a perfect world, justice is equal. It doesn’t matter who got punched or who did the punching. What matters is that the law against punching was broken. Everyone in a society – and not just a privileged few – must have equal access to justice through the law.

#3 Laws keep everyone safe

Laws don’t only respond to injustices and harm. They work to prevent them. Food safety laws are a prime example. In the past, the food industry was horrendously unregulated. In the 18th and 19th centuries, American food producers went to extreme measures in their quest for profit. They watered down milk and stirred in materials like chalk for color. They mixed dirt into coffee, tea, and spices and added lead to beer and wine. In 1906, President Roosevelt and Congress passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This marked the beginning of modern food safety and monitoring. Today, food safety laws protect the public from potentially-fatal food poisoning.

#4 Laws protect the most vulnerable in society

Many laws are specifically designed to protect certain groups of people. Laws like the Civil Rights Act (the United States) and the Sex Discrimination Act (Australia) make it illegal to discriminate. These types of laws protect what’s known as “negative rights,” which is the right to be free from something, like discrimination. Anyone can be discriminated against, but as history shows, certain people are more at risk. Laws designed to prevent discrimination based on race, sex, gender, religion, and more protect these groups and give them better access to justice.

#5 The process of creating laws encourages civil and political engagement

As societies change, laws must change, too. Advancements in technology are a prime example of why. In recent times, revenge porn has become a major issue. According to one study, around 10 million Americans have had explicit photos shared without consent. While there are state laws, there is no federal law. In Australia, an electronic petition called upon the A.C.T. Legislative Assembly to criminalize revenge porn. The Assembly listened. This is a great example of people engaging with the law-making process and making law matter as issues evolve.

#6 Laws offers people a variety of career options

As a career, law is varied and versatile. Because there are so many different areas of law, there are hundreds of job options. Lawyers can specialize in everything from contracts to immigration to criminal law. A person can also become a professor of law, while there are also jobs for paralegals, consultants, and researchers. The legal system is big, so there is room for all kinds of skills and expertise.

#7 Laws are important to maintain peace

Earlier in this article, we touched on how law is essentially about mitigating conflict. That makes law essential to maintaining peace. This is because injustice fuels conflict. If destructive behaviors are allowed to flourish without remedy, people will suffer and become dissatisfied with their government. If justice is applied unequally, this also fans the flames of conflict. For the sake of peace, societies need to strengthen their rule of law and ensure that it’s fair.

#8 Laws are important for social progress

We’ve discussed how legal systems should adapt and evolve with the times. If laws remained stagnant, so would societies. Throughout history, law has been employed as a tool for social change. It was laws that made slavery, segregation, and apartheid illegal. Laws prevent people from getting fired from their jobs because of who they marry or because of a disability. The concept of law as a mechanism for social change is complicated because if the majority of a community doesn’t agree with the law, it’s likely that the law won’t be enforced. However, having a law on the books gives people more power than if the law didn’t exist at all. It’s an important step (though not necessarily the final step) to real social change.

#9 Laws make human rights a reality

Supreme Court Justice Sonia Sotomayor once said, “I firmly believe in the rule of law as the foundation for all our basic rights.” Basic rights are the human rights that everyone is entitled to. This includes the right to life, the right to marry, the right to be free from discrimination, and more. These are listed in the Universal Declaration of Human Rights, but that document is not legally binding. To make human rights a reality, they have to be protected through laws. Without law, human rights would be an abstract concept. If you would like to learn more about human rights, consider studying a masters.

#10 Laws are not always good for society

The fact that law can be used to harm is the last reason why it’s so important. Laws are not always beneficial to society or they’re only beneficial to a select group. Governments often use laws to increase their power and punish critics. Laws can also be problematic when they fail to address the root causes of a problem and even end up making it worse. Fines, which are meant to encourage people to follow laws, can add up to the point of putting people in debt and criminalizing poverty. The war on drugs is another key example of how laws can hurt people. Instead of treating drug addiction as a public health issue, laws have turned it into a criminal one. In these cases, laws end up violating human rights instead of protecting them.Share

Getting along with colleagues can sometimes be easier said than done. While everyone’s job is focused on the practice of law, personal differences sometimes outnumber similarities, and disparities in temperament, work ethic, efficiency, and general work habits can cause friction among colleagues and undermine the success of the law firm.

Although you can’t – and shouldn’t try to – be everyone’s friend, with some effort, it is possible to have a positive work relationship with all members of your legal team. Here are some ways to help facilitate a collaborative law firm work environment:

Make a good first impression

If you are starting a new job, focus on getting off to a good start with coworkers. Everyone has had a “first day,” and it will take time to get to know your coworkers, but a good first impression is the best way to start your relationship. Be friendly and show that you are willing to learn.

Research from Psychology Today discusses “Predictive Outcome Value Theory,” the idea that:

“During an initial conversation, we form a positive or negative judgment about forming a future relationship with a person. The theory argues, and research supports, that if we form positive judgments, then we will communicate more with this person and seek more information. Conversely, if we form a negative judgment, we will restrict our communication.”

This first impression can plant the seed that will hopefully blossom into a collaborative work environment.

Adopt a team mentality

Working at a law firm involves being part of a team. Every role is essential, from the senior partner to the support staff. Make an effort to get along with all employees, and avoid treating one member differently than another according to rank or supposed level of importance.

Be a good listener

Ever wonder how balanced your conversations are? Do others enjoy talking with you or do they feel overshadowed? Try to spend one-third of conversations speaking and two-thirds listening. Remember that listening is an active practice that involves focusing intently on what is being said. Train yourself to pay attention to what your colleague is saying without getting distracted.

Being a good listener at work can give you a boost in productivity, fewer misunderstandings, better progress toward goals, and stronger relationships with your coworkers.

Avoid office politics

Office gossip, taking sides in a dispute and complaining about others happen to some extent in any place where people are working closely together for long periods of time. But you can avoid getting tangled in office politics, and keep from being the person who instigates. Try changing the subject or focusing on the positive if gossip comes up. Avoid sharing personal or job-related issues with colleagues who may not keep the information to themselves. If all else fails, claim a deadline and just walk away.

Welcome diversity

Not everyone looks or thinks the way you do—and that’s a good thing. Today’s law firms employ people who are diverse in background, race, religion, ethnicity, gender, and age. These aspects should always be celebrated and respected, and every employee treated with dignity, consideration, and respect.

According to Entrepreneur, diversity benefits the workplace by driving innovation, increasing creativity, and improving access to the market. When firms can access a variety of ideas and experiences, they are better equipped to understand and anticipate their clients.

Have a can-do attitude

According to Canadian Lawyer Magazine, “Attitude is everything. Adopting the right attitude can convert a negative stress into a positive one.”

During stressful times at a law firm, you can help reduce friction among coworkers, by demonstrating a willingness to work with everyone and anyone to get the job done. Offer your assistance whenever you can, and show that no task is beneath you.

Aim for harmony at work

Discord at work is, unfortunately, all too prevalent. Discourage negative workplace interactions and do your part to build a harmonious relationship with your coworkers. Show that you are a team player, that you are not interested in generating strife or contributing to bad feelings. Keep in mind that little things, such as a genuine thank you, can go a long way to creating comfort, rapport, and trust in the workplace.

Customer service accuracy and dependability can make or break your reputation. Fortunately, there are many ways you can earn and maintain a reputation for accurate, dependable service.

Below are five customer service best practices to help you get started.

---

1. Keep Information Flowing Both Ways

Communication is key for your team to represent your company competently.

Schedule regular meetings with your representatives to keep them up to date on changes or use software that allows you to share developments in real-time. For example, tools like Slack help teams share information inaccessible, convenient ways.

By making sure that everyone – and I do mean everyone – is in sync, you ensure that your team can answer incoming questions quickly and accurately. And if they don’t know the answer immediately, they won’t be afraid to find someone who can.

Keeping communication lines open can also reduce “ping-ponging” – what happens when a service ticket, or other customer request or issue, is passed back and forth and no one takes real responsibility for fixing the problem. Since ping-ponging results in frustrated customers who don’t receive the assistance they need, it’s important to equip your team with adequate communication tools to resolve the situation.

Finally, it’s important to constantly collect feedback from your team. Have they noticed inquiries cropping up about the same problems, or identified a gap in communications? Listening to and incorporating their feedback will not only help identify customer pain points but can also yield solutions to those problems.

These communications solutions ultimately provide the insight and tools you need to provide a better service to your target audience.

---

2. Manage Customer Expectations Preemptively

Everyone’s had those customers. The ones who just don’t understand that no, your IT services don’t include washing their dishes, too.

Sometimes, customers ignore what your product can and cannot do, and still give you a bad review for something you just don’t offer. While some are just contentious, many customers are upset because of an honest misunderstanding.

For example, having a sales rep who claims your product can go to the moon and back (when it can’t) is only setting up customers for disappointment. Disappointed customers mean negative reviews, higher attrition, fewer word-of-mouth referrals, and, ultimately, decreased revenue.

Clarifying communication around product and service capabilities can go a long way in preventing these situations.

Here are a few things you can do to ensure that customer perception is close to their expectations:

• Make product and service specs readily available on your website
• Review sales materials to ensure information accuracy
• Train your team thoroughly in product specs
• Identify common misconceptions and address them in your FAQs page
• Offer resources and referrals to customers whose needs cannot be addressed by your products and services

These steps can make a huge difference in your customer’s evaluation of your ability to deliver as promised. The last one is especially effective at engendering goodwill and glowing word-of-mouth referrals.

When things do go wrong, make it easy for your customers to find help: prominently locate your FAQs, your hours of operation, and all types of contact information for customer support on your website.

---

3. Stay on Task with Checklists and Templates

Dependability and consistency go hand in hand. Checklists can help your employees perform each task consistently to produce the desired outcome.

Without a checklist, it’s easy to miss a crucial step that causes major issues later.

Checklists are commonly employed in professions where lives are on the line (we’d prefer our pilots remember to lower the wheels before landing, thanks), but they can be used to standardize any routine procedures.

Your team will remember what needs to be done while feeling accomplished as they check each item off the list.

At our agency Pronto Marketing, we built custom checklists for each of our services into our dashboard to ensure our team members complete the necessary tasks each time. This could of course be accomplished through different methods, such as a Google spreadsheet or productivity app like Trello.

Pronto Marketing’s digital checklist for setting up call tracker software.

Similarly, you can create templates for jobs that follow the same pattern. Filling in a form is much easier than doing something from scratch every time, and checking things off the list is much easier than trying to remember everything or resorting to a thick company manual each time you need information.

---

4. Check in Regularly with Customer Feedback

We can all improve the services we offer, so it’s important to listen to what our customers want and need. In addition to keeping in touch with your employees, it’s important to make sure you’re meeting customer needs as expected.

Having a satisfaction tracking system for successful ticket resolution, such as ones powered by helpdesks like Zendesk or Groove, helps you make sure that your team is providing the needed solutions. And when they do, celebrate their successes!

Celebrating customer praise in an internal company Facebook group.

People are motivated by praise and will learn from what they’ve done well better if you tell it to them. Use successful teams as a teaching example to help everyone in your company improve their performance.

---

5. Build a Supportive Company Culture

Lastly, a happy team with a sense of direction does the best work.

Make sure your team’s needs are being met, particularly ones who are struggling to meet standards. You may find that the receptionist you hired was never given a copy of the company handbook and has been winging it for the last two weeks, or that your previously buoyant sales rep has been sagging due to problems at home.

Build a culture that’s open enough for you to have conversations with employees about what’s hindering them. Give them a comfortable avenue to approach you or other leaders when there’s a problem. Look for ways to ‘cut the red tape’ so that they can focus extra time and energy on delighting customers.

In companies where your team members wear multiple hats, you can work marvels simply by re-emphasizing the primacy of customer service, then empowering them with the freedom to put it first.

Finally, if you push too hard for quantity over quality (“I want you to help x customers this hour!”), your team may sacrifice the quality of their customer interactions in order to meet your demands. People who aren’t rushing to meet a quantity quota will do a better job the first time around. Overall, you’ll have happier customers and you won’t spend precious time sending someone to fix the mess.

Ultimately, dependability and accuracy in your services result from the systems you have in place to empower your team and keep them focused on the customers. Building up a positive culture and resources for your team will take some time, but will have the longevity and constancy you need to be reliable. Contact us for more information.

Choosing a lawyer for your personal injury or wrongful death case is a decision that is similar to picking a partner for marriage. It may be a long relationship and it is always one that commands the two parties, the attorney, and the client, to trust each other. If one party does not trust the other, the common goal of justice cannot be obtained. This is because justice without trust in the result is no justice at all.

I am writing this entry to encourage face-to-face interaction with those seeking legal representation and the actual lawyer who would be trusted with that case. My biggest competitors are out-of-town, big-city lawyers who, in my estimation, rarely actually meet with the injured/aggrieved parties in my area. So it is no surprise that I often get calls from nearby clients of these lawyers telling me that they are not happy with their lawyer because they don’t know what is going on with their case and they do not trust in what they are being told. I always encourage these folks to try to work it out with these lawyers and I do press them to seek a face-to-face meeting, as that nearly always satisfies client concern, at least for the short term.

I know a lot of my competitors, and I will say that most of them are very good lawyers and that their firms are usually reputable. But, to me, there is no substitute for the old-fashioned face-to-face meeting. And I do believe there is still something important in the ability to look someone in the eye.

“Whoever is careless with the truth in small matters cannot be trusted with important matters.” – Albert Einstein

Before I talk about the benefits of personal interaction for personal injury clients, I want to stress the benefit of the lawyer to meet with the client. I nearly always demand to meet with my potential clients face-to-face before my attorney-client relationship begins. I’ve been doing this long enough to be able to identify most potential trust issues early on. For example, when I ask a potential client if they’ve ever had the medical condition that they are complaining of now and they either look down or away, fidget, leave moisture on my glass table, and they answer “no,” then I know to pause and inquire further. I advise them that it does not usually matter if they did have prior issues and that I value trust over preexisting injuries in my clients. If they persist in their denial, I have other methods of verifying the truth, but if I get a bad feeling about a potential client, I will turn down cases on that alone. If I can’t trust my client in the initial meeting, I realize that a jury may have a hard time trusting them at trial.

For injured victims of negligence in Ohio, choosing a personal injury lawyer is easy. If you are in a car accident, your mailbox will likely be flooded with mailings with catchy phrases, DVDs, and all kinds of letters from lawyers all over the state. You can be in Portsmouth, call a lawyer in Toledo, and have a lawyer at your doorstep in a matter of a few hours, or less. But choosing a personal injury lawyer you trust is something entirely different. In the instance of this traveling Toledo lawyer, you will likely never see this person again. He or she is probably just a runner, paid to sign you up as a client. Who is actually handling your case – – at all stages, is a whole other story. While you may still get quality representation, you won’t be able to lock in trust because you will likely feel a void in the relationship.

When new clients don’t meet with the actual lawyer will end up handling their case, they are many times deprived of judging sincerity, which goes directly towards how that person can rely on the lawyer. Meeting with the actual lawyer on your case can also give you the opportunity to judge for yourself that lawyer’s commitment to your case, which goes hand-in-hand with whether you believe that person has integrity. Lastly, by meeting face-to-face with your lawyer, you can judge for yourself their competency and whether you feel they will be consistent in providing results.

If you don’t like the lawyer you meet with, move on to the next one. Because if you don’t like them, a potential juror might not, either, and it is important that you find someone you feel comfortable talking to. And to me, there is no substitute for sharing a cup of coffee with the folks I’ve asked to trust me.

As an attorney whose practice is exclusively dedicated to family law, I have learned that maintaining a good working relationship with a client is critical to the ultimate success of the case – and an essential component of achieving the client’s goals during the representation. The importance of establishing and maintaining a good working relationship with your client, from commencement through to conclusion, cannot be overstated.

Establishing a good attorney-client relationship starts during the initial consultation. At the outset, the attorney should create an atmosphere of trust, identify the potential legal issues involved in the case, elicit facts and circumstances from the client that is relevant to the legal issues, and most importantly, assess the client’s credibility and make a determination as to whether the attorney and client can work well together to achieve the client’s goals. Trust is earned; it takes time to build trust and create a comfort level for the client, and that process starts at the commencement of the engagement.

Creating a Good Attorney-Client Relationship: Start with the Initial Consultation

The initial consultation provides an opportunity for both the attorney and prospective client to get to know one another and decide whether the relationship will be effective and productive. Attorneys have different styles and “bedside manners” in terms of how they interact with their clients and work with them on legal matters. Not every attorney is a good fit for every client, and not every attorney will share the same opinion or perspective on how best to handle the client’s matter. It is critically important – both during the initial consultation and throughout the case – to set and continue to manage the client’s expectations as to the outcome of contested issues.

During the initial consultation, clients often ask the attorney to render a legal opinion regarding specific issues in their matter. An attorney can provide a general framework of potential outcomes, but at the inception of a case, it is difficult (if not impossible) to render a legal opinion with certainty as to the ultimate outcome. Clients will rely on their attorney’s opinions and analysis, so be judicious when discussing possible outcomes. There is no benefit to anyone in the process if you simply tell the client what he/she wants to hear and fail to fully explain possible outcomes – and what it may take in terms of time and money to pursue the client’s goals. The attorney’s obligation is to assess the issues and to provide the client with the most accurate analysis possible, including an honest assessment of all the potential outcomes in their case –favorable and unfavorable. Tread lightly, but honesty really is the best policy.

Technology and Divorce

The technology boom has had a significant effect on how clients choose their attorneys. Prior to a prospective client even stepping foot in your door for a consultation, he/she has likely already conducted legal research online concerning his/her case, consulted with other attorneys and/or family and friends about the case, and learned about your professional background and experience practicing law. This can result in the client already has a specific opinion as to how you should handle the case. You need to manage the client’s expectations regarding how you intend to handle issues in their matter – and ensure that your client understands and agrees with your strategy.

Much of what can be found on the Internet by way of attorney websites, legal blogs, and open forum discussions are effective in providing a general overview and framework concerning a legal issue or body of law, but lack specificity in regard to the variables and different facts and circumstances that ultimately dictate the outcome of a client’s particular legal issues. Given that there is easy access to this kind of general information, today’s litigants self-educate more than ever – but the attorney still has the ultimate responsibility to make sure the client fully understands the issues in their case and the relevant statutory authority and case law that will impact the determination of these issues.

Consider providing clients with specific references to statutory authority and/or relevant case law concerning their matter so they have an opportunity to read and review some of the authority and information you may be relying upon in assessing their case. I encourage clients to be invested in their case: to educate themselves and to ask questions whenever they are uncertain about any aspect of their case. You should always keep an open line of communication with your client.

Developing and Maintaining a Good Attorney-Client Relationship

After the client has retained you, the focus shifts to further developing and maintaining a good attorney-client relationship. Maintaining the relationship requires diligence on the attorney’s part, and also on the part of the attorney’s staff. Your staff serves as an extension of you, and your client expects the same professionalism, courtesy, and respect from your office as they do from you. When your staff falls short of meeting these expectations, this reflects poorly on you. Having a good support team is critical to effectively representing and keeping clients happy.

I am often interviewed by clients seeking to hire new counsel to represent them. The principal complaints I hear from clients relate to their frustration in not being able to communicate directly with their attorney, the lack of timely response(s) by the attorney, and difficulty in gaining access to the attorney. Clients expect that their attorney and his/her staff will respond promptly to inquiries or questions, including providing correspondence and/or pleadings received, and keeping them apprised of the status of their case. With the proliferation of email and text messaging, clients expect a rapid response to their inquiries.

Set ground rules with your clients regarding how you will respond to their queries; establish an easy and expedient method of communication between counsel and staff, and specify the manner in which your office will provide correspondence, pleadings, and other written materials received during the pendency of the case. Setting expectations as to how communication will be handled will greatly reduce the possibility of misunderstandings – and help prevent clients from looking for a new attorney.

You need to remember that clients often come to a family lawyer’s office at the worst of times. They are nervous, anxious, looking for guidance, and paying for effective legal counsel. To create an effective and productive attorney-client relationship, you need to foster an atmosphere of mutual trust and honesty, establish ground rules for communication, and manage the client’s expectations regarding the potential outcome of their case. Ultimately, your responsibility is to advocate on behalf of your clients, provide guidance and recommendations to them, and formulate a plan to achieve all realistic goals. Successful representation requires establishing and maintaining a good working relationship with your clients.