Family Law Basic Interviewing Tips and Suggestions

1. Introduce yourself. A good way to start an interview and put the client at ease is to give a short introduction. Let the client know who you are, your role in their case, and the role of the supervising attorney. Reassure them that they should ask questions if there is anything that they do not understand. 2. Explain confidentiality. It is helpful to assure the client that everything discussed during the interview is protected by the attorney-client privilege and cannot be disclosed in court or to other parties. You are their confidant and can be trusted to protect the information they give you. 3. Maintain good eye contact. When the client is discussing their situation, always make sure to pay attention and to let client know you are paying attention. By no means does this require staring at your client in the entire time, but make sure to acknowledge notable things your client says through eye contact or body language. Staring at your notes the entire time can be distracting and cause a client to share less. 4. Be organized. Make sure that your interview format follows a cohesive order. You should not be jumping back and forth from having client verify information, to questions about the marriage, to questions about property. The interview should flow naturally from one topic to the next. 5. Be thorough. There is a lot of information to cover and it is important to get as much detail from the client as possible. Property Be specific about bank accounts. Joint bank accounts and separate bank accounts. You need to know if client has a separate account, respondent has a separate account, or if there are any joint accounts. Ask about insurance policies. This is something that is often forgotten about but needs to be noted in the decree. When finishing your discussion of property, always just ask if there is any other property that you have not mentioned that the parties may own. Protective Orders If there was domestic violence, always ask if there was a protective order. Is the protective order still active? If it is not, when was the protective order obtained? Bad Behavior of the Parties If the client indicates that spouse had a drinking or drug problem, did the client have one? In the same vein, if spouse was verbally or physically abusive, was client ever? While it may be a sensitive topic, this is information you need to know.

Client FAQs
Q: How long before you file? Drafting the original petition should take ___________________________. Q: When will I be divorced? State law requires that a divorce lawsuit must be on file for at least 60 days before it can be finalized. The day after filing starts the 60 day count. During this time period, we are working on: Getting the respondent served; or Getting respondent to sign a waiver in front of a public notary and having that waiver returned to us Page 1 of 2

Drafting the proposed divorce decree that hopefully the respondent will sign in front of a notary.

If the respondent cannot be served, will not sign a waiver, or files an answer to the original petition, the process may take longer than the minimum required waiting period. Q: What about spousal maintenance? Can I get that? In Texas, spousal maintenance is limited to couples who have been married more than 10 years, or the spouse from whom maintenance is requested has been convicted of a domestic violence offense within 2 years of filing of the suit. The amount of maintenance awarded cannot (1) exceed 3 years, (2) exceed the lesser of $2,500 a month or 20% of spouses gross income, and (3) provide for more than the minimum reasonable needs of the requestor. The court will consider a number of factors including the financial resources, education and employment skills of both parties, and the efforts of the requestor in seeking suitable employment. The maintenance award will only extend beyond the 3 years in cases where there is a disability, custodial duties to an infant or child, or other significant impediment to employment. Tips: After explaining the legal standard for spousal maintenance and its limitations, have the client consider: What does the client think is reasonable in light of your explanation? Can client get a higher paying job? Can client switch from part-time to full-time? How long have the parties been separated and the client been able to survive on their own?

Q: I want to get (list of property). Can you get that for me? The court will order a just and right division of the property having considered the rights of both parties. Unless the respondent agrees or the property is separate property acquired before the marriage, the client must be able to demonstrate that in light of the circumstances, the client is entitled to a disproportionate award of the marital estate. Remember to emphasize that for certain types of property, it will be difficult to enforce the property award even if it is contained in the decree. Tips: A client asking about obtaining specific property may not realize that it is not worth the trouble. Have the client consider: What is the most the client hopes to obtain? What is the minimum that he/she will accept? What is the property worth? What is it worth in terms of a speedy divorce?

Q: All the debt we have is not mine. If those debts are given to my spouse in the divorce, will I have to pay it? The debt can be distributed to the clients spouse in the divorce decree. The divorce decree does not, however, act to bind any third party creditors since they were not parties to the divorce. If the spouse refuses to pay the debt, the third party still retains the right to go after client. Client can provide the creditor with a copy of the divorce to show the division of debt, and the creditor may or may not choose to continue to pursue client for the debt Q: If I am getting remarried should I change my name? When do I need to decide by? It is the clients decision whether or not they want to change their name if they are going to be remarried. If unsure, the petition can contain a request for a restoration of a previous name, and the client can make a decision at the final hearing on whether or not to request one during prove up.

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