Why a Custody and Divorce Lawyer is Like a Taxi Driver
I often tell clients that we have to 'have a plan' for their case. Some new clients seem to think that they can listen to my advice, mix in the advice of their family and friends, and then decide for themselves how to manage their custody, paternity or divorce case. 'Opinion shopping,' you might call it. This does Not work! Imagine if an airline pilot would ask different air-traffic-control centers (at the same time) for advice on which route to fly.
I make it clear to clients that I must be in charge of their case, but just as I am like a taxi driver, they are like my passenger. If a client says, "I want to get my child back from Nevada, where my wife moved three months ago," that's a clear goal. If a client says, "I want to have as much time with my children as possible," that's another clear goal. Once I know the client's goal, I can proceed to plan the case.
I often say that I'm like a 'gruff New York taxi driver.' By that, I mean that I often turn to my passenger (client) and ask where they want to go. After that, the passenger (client) must let me do my job -- choosing the methods and following the law and court rules for the case. At key decision points, I lay out two (or three, or more) possible ways to go, give the client as much information as possible, and then let the client decide which of the paths to take.
For example, if I am representing the client who has the child living with him, it might make sense to wait for several months before seeking a court order for child support -- so that we don't stir things up and upset the current situation. On the surface, it might seem that we are passing up the chance to obtain money for the client. On the other hand, stirring up a fight over the child's residence could result in a much-more-expensive court battle. Since it involves the weighing of different important factors, only the client can make the decision whether to proceed or wait on child support.
There are many other decisions like this in the course of a case, including whether to accept or reject any settlement offers coming from the other side. I must, of course, communicate those offers immediately and directly to my client to consider.
In every case, I must carefully balance my need to be 'in charge of the case' with the client's right to control the 'objectives of the representation.'
I make it clear to clients that I must be in charge of their case, but just as I am like a taxi driver, they are like my passenger. If a client says, "I want to get my child back from Nevada, where my wife moved three months ago," that's a clear goal. If a client says, "I want to have as much time with my children as possible," that's another clear goal. Once I know the client's goal, I can proceed to plan the case.
I often say that I'm like a 'gruff New York taxi driver.' By that, I mean that I often turn to my passenger (client) and ask where they want to go. After that, the passenger (client) must let me do my job -- choosing the methods and following the law and court rules for the case. At key decision points, I lay out two (or three, or more) possible ways to go, give the client as much information as possible, and then let the client decide which of the paths to take.
For example, if I am representing the client who has the child living with him, it might make sense to wait for several months before seeking a court order for child support -- so that we don't stir things up and upset the current situation. On the surface, it might seem that we are passing up the chance to obtain money for the client. On the other hand, stirring up a fight over the child's residence could result in a much-more-expensive court battle. Since it involves the weighing of different important factors, only the client can make the decision whether to proceed or wait on child support.
There are many other decisions like this in the course of a case, including whether to accept or reject any settlement offers coming from the other side. I must, of course, communicate those offers immediately and directly to my client to consider.
In every case, I must carefully balance my need to be 'in charge of the case' with the client's right to control the 'objectives of the representation.'
