Before deciding to hire an attorney, prospective clients often ask, “How much will this cost me?” Hiring legal representation is certainly a significant expense, but the cost of an attorney’s services can be mitigated if a client is willing to be proactive and involved in the process.

One of the quickest ways for a client to mitigate costs is by taking the initiative to organize finances and personal information preemptively, before heading to court. In family law proceedings, the client knows their financial situation best, and often are the only ones able to gather all the necessary documents, such as credit card statements, pay stubs, and tax returns. At the initial stage of the attorney-client relationship, the client must be fully financially transparent with their counsel so that they can start determining what evidence-gathering methods are the most appropriate (the “discovery” and “disclosure” processes).

• Prepare for consultations with any prospective attorneys: Finding the best attorney to represent oneself will often require the client to vet multiple attorneys familiar with the issues they are facing. A consult session with a prospective attorney is the best way to determine if the client can picture themselves working together and may assist in discussing strategy/potential issues before diving headfirst into the content of their specific case.
  • During these consult sessions, clients should prepare to go over basic background information and any points of contention that their potential attorney should know before providing a retainer quote. Having a summary of the issues at hand, a knowledge of ballpark financial assets (if involved in a divorce proceeding), and a set list of questions regarding the attorney’s experience will allow clients to streamline this process. Having a meaningful conversation with a prospective attorney will prevent parties from making an uninformed decision and paying a retainer fee, which will be much more than the initial consultation cost.

• Be willing to gather and organize information: While it may require a considerable time commitment to obtain financial, medical, and property records (among other types of documentation that may be relevant to a family court case), a client’s willingness to spearhead these efforts will allow their attorney to determine what is important to the case much more efficiently.
  • Presenting your records in an organized fashion for an attorney to examine can save hundreds of dollars in billable time. If clients previously retained the services of a CPA or tax preparer, their financial records are likely already compiled and ready to send for attorney review. Additionally, some forms of record-gathering are free to customers of existing institutions like banks and insurance providers. Being able to access this information and create a file that can be readily shared with an attorney and their staff is one way to minimize the costs incurred on disclosure to an opposing party.

• Take advantage of paralegal expertise: A paralegal’s billable rate is often significantly less than their supervising attorney’s, making them the best source of information for logistical questions that may arise during a case. They also will likely have more familiarity with the systems involved in obtaining records, communicating with other offices, and checking the status of a particular matter.

• Find a mental health professional to handle mental/emotional issues as they arise: A good therapist, especially one who is forensically informed, will be able to collaborate with clients on communication skills, prioritize mental clarity, and provide a more cost-efficient manner to “vent” when needed during the family court process. While attorneys should be aware of the relevant mental health history of a case and any emergent issues if they arise, their role is distinct from that of a therapist’s goal to treat and improve. Investing in mental health and overall well-being during a family court case is one decision that will hopefully pay for itself during the process and after it concludes.

With these steps in mind, clients can save several hours of their attorney’s time, and the costs associated with doing so, in preparation for their case. By thoroughly organizing and summarizing all relevant information before meeting with an attorney, the process can be streamlined to ensure that the representation of a client’s case is efficient and cost-effective.

Mallory Scott is a 3L at the Sandra Day O’Connor College of Law at Arizona State University, and law clerk at Woodnick Law PLLC. While working as a clerk during the summer, she has the opportunity to work on real-world litigation, but also research topics of interest relating to the future practice of law. The practice values exploration into collateral topics that relate to families, especially their relevance to popular culture and media.