What is the truth about attorney advertising?

Looking for an family law lawyer or divorce attorney to help you with your divorce, custody, modification or other family law case can be an overwhelming experience. If you open the Yellow Pages you are bombarded by advertisements for attorneys claiming that they handle family cases. Many of these ads say the same things, such as "we know how to win family law cases" or "aggressive divorce trial lawyer" or "other lawyers fear family law firm". They may even have a gimmick such as a photograph of a bulldog or a shark to show that they are tough.

What exactly does all this mean? 

How do you go about telling these family law attorneys apart?  Most importantly, how do you choose the right attorney for your case?

When you read such phrases as "we know how to win family law cases", be wary of any attorney that promises you that it will be easy to get your wish list at trial. Any attorney who promises you this is not telling you the truth, because no one can predict exactly what will happen ahead of time in trying to either settle your case or take it to trial. After a careful evaluation of your case, an attorney should give you their opinion of your chances of succeeding, but they cannot honestly promise a particular outcome. 

Remember also that the evaluation of the case is an ongoing process. The prospects for a case may change as new facts are discovered during the investigation and preparation of your claim. An honest, experienced attorney will usually admit that they have lost cases they probably should have won and they have won cases that they probably should have lost. They will also admit that they do not know exactly why this happened other than the fact that lawsuits involve people, and people are unpredictable. This also hints at the value of settling a case, where appropriate, to avoid the uncertainty of the outcome at trial.

If the attorney advertisement states that the lawyer is an "aggressive divorce trial lawyer" find out exactly what this means. Does the attorney actually take cases to trial, or does he settle most of them, or refer them out to other attorneys when cases need to go to trial? Also, what does "aggressive" mean? Every attorney should zealously represent their client, but if they are obnoxious to the opposing attorney or the judge or jury, they may do more damage to your case than someone who treats everyone involved with courtesy and respect while fighting for your rights. 

Being effective is not the same as being rude. Remember, some jurors already have in their minds a stereotype of a trial lawyer as a greedy, obnoxious, dishonest opportunist. If your attorney's demeanor reinforces this stereotype, you may have a problem. If the jury does not like your attorney or does not believe your attorney, they will usually find a way to make you lose.

If an attorney claims that "other lawyers fear our family law firm", be careful. The reputation of your attorney is important in that lawyers and judges respect attorneys that thoroughly prepare and are willing to take cases to trial. However, remember that there are other good attorneys out there, and the courts deal with cases like yours all the time. Therefore, it is important to have an attorney that is willing and able to thoroughly prepare and take your case to trial when necessary.

It is important to remember a few other things when looking at attorney advertising.

First, remember that anyone can buy an ad. A large, expensive ad in the Yellow Pages or on television does not necessarily mean that the attorney is the right one for you, or even a very good attorney. The attorney may be competent, but it is important that you check out their credentials and talk with them about how they will approach your case before you decide to hire them. 

Also, make sure that the divorce lawyer or family law attorney is not running their practice as an advertising "mill" that takes too many cases, hoping to settle them all, and then, if cases need to go to trial, farms them out to other family law attorneys. They may also be under pressure to pay off all that expensive advertising and therefore pressure you to accept a "lowball" offer just to finish the case quickly. You should know up front what attorney will be handling your case all the way through the legal process, and that your attorney is willing and able to try the case if necessary. 

Finally, make sure the family law attorney's personality matches yours, since you are going to be working together for a while. To be successful in resolving your claim it is important for you and your attorney to work together as a team.

If you are facing a Texas divorce, custody or modification case, protect yourself and your family.

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