Podcast Episode #2: What to Expect When Calling Herlihy Family Law Firm

by Alison Herlihy | Feb 14, 2025 | Alabama, Divorce, Family Law

Podcast Episode #2: What to Expect When Calling Herlihy Family Law Firm

What to Expect When Calling Herlihy Family Law Firm

Reaching out to a family law firm can feel overwhelming, especially during stressful times. At Herlihy Family Law, we strive to make the process as smooth and transparent as possible. In Episode 2 of the Herlihy Family Law Podcast, host Attorney Alison Herlihy provides an inside look at what happens when you call our office. From what information we’ll need to why we follow specific procedures, this episode offers valuable insights to help you feel prepared and confident as you take the first step in your legal journey.

Why Can’t the Person Who Answers the Phone Just Tell Me What I Need to Know?

Our intake team is here to help, but they are not lawyers. It is against the law for anyone who is not a licensed attorney to practice law, which includes providing legal advice. While our team can assist with scheduling and general inquiries, legal guidance can only come from an attorney during your consultation.

Why Can’t Someone Else Schedule the Appointment on My Behalf?

We require the person seeking legal advice to schedule their own appointment to ensure the integrity of the process.Imagine a man calls our office and says he wants to schedule an appointment for his daughter, who is getting divorced. While this might seem harmless, we have no way of verifying that the caller is truly the prospective client’s father. It could just as easily be her spouse trying to gather information sneakily about whether she’s contacted us or what her plans might be.

Additionally, confidentiality is a cornerstone of our practice. The client’s information is protected, and we cannot share it with family members, friends, or anyone else. By requiring the person seeking legal advice to schedule the appointment themselves, we ensure that their privacy is fully respected and maintained.

If calling during business hours is not safe or possible, we also offer the option to schedule appointments online through our website. This flexibility ensures that you can take the necessary steps to protect your rights and interests in a way that works best for your situation.

Can I Bring Someone to the Appointment With Me?

While we understand the need for emotional support during a challenging time, we recommend attending the appointment alone. Attorney-client privilege ensures that conversations between you and your attorney remain confidential and cannot be disclosed, except in very specific emergency situations.

However, this privilege does not apply if someone else is present during the consultation. For example, if you bring a family member or friend to the meeting, the conversation is no longer protected under attorney-client privilege. This could result in complications later—such as during a divorce trial—where you or the person who attended the consultation with you might be required to testify about what was discussed.

To protect your privacy and legal interests, it’s best to attend your consultation alone.

Why Is There a Consultation Fee?

The consultation fee is charged because you receive up to 60 minutes of dedicated legal advice directly from an attorney during your consultation. This is not a quick chat with a paralegal or office staff—it’s a focused, in-depth session with a legal professional to address your specific situation. The fee reflects the value of the attorney’s time, expertise, and the advice provided.

Why Do You Need My Name and the Opposing Party’s Name Before I Can Even Book an Appointment?

Before scheduling an appointment, we check for potential conflicts of interest to ensure we can ethically represent you. If we have already consulted with or represented the opposing party, we cannot take your case. This policy upholds our commitment to professional ethics and protects your interests.

Why Do I Have to Provide So Much Information Prior to My Consultation?

The information we request before your consultation helps us prepare thoroughly for your case. By providing details such as demographics, financial information, and any relevant issues, we can spend the consultation focusing on your specific needs rather than gathering basic information. This preparation ensures your time with us is as productive as possible.

Is My Information Confidential?

Yes, your information is completely confidential. We do not disclose that you have had an appointment with us to anyone. If your spouse contacts us seeking representation, we will inform them of a conflict of interest without providing any additional details. Your privacy is our top priority.

Can My Spouse Find Out That I Had a Consultation With You?

If your spouse contacts us to seek legal services, we are obligated to inform them of a conflict of interest. However, we will not disclose why there is a conflict or provide any information about your consultation. Your privacy and confidentiality are strictly maintained.

It’s a great idea to bring something to take notes during your consultation. This helps you remember important details, especially during a stressful time when it’s easy to forget what was discussed. Whether you prefer handwriting, using a notes app, or typing on a laptop, make sure your method is secure to protect sensitive information. Additionally, preparing a list of questions beforehand ensures you make the most of your time with the attorney. Tune in to the Herlihy Family Law Podcast today to learn more!

Alison Herlihy talks to Dan Brennan about her background on FM1065

by Alison Herlihy | Jan 30, 2025 | Alabama, Divorce, Family Law

Alison Herlihy talks to Dan Brennan about her background on FM1065

Podcast Episode #1: Introducing Attorney Alison Herlihy

by Alison Herlihy | Jan 29, 2025 | Alabama, Divorce, Family Law

Podcast Episode #1: Introducing Attorney Alison Herlihy

Introducing Myself and the Podcast

In the inaugural episode of the Herlihy Family Law Podcast, I had the pleasure of introducing myself and sharing my journey as a family law attorney based in Mobile, Alabama. This episode is a deep dive into the complex and often emotional world of family law, offering a glimpse into what drives me in my legal practice. With nearly two decades of experience, I talked about my path, starting with my early work at Penelope House, a groundbreaking family violence center, and leading to the founding of my own law firm in 2011. My passion for helping families navigate life’s legal challenges has been a constant theme throughout my career, and I hope that came through in this episode.

Demystifying Family Law

My goal with the podcast is to demystify family law by providing genuine, informed insights on topics like divorce, child custody, adoptions, and prenuptial agreements. Family law is deeply personal, and I strive to approach these issues with compassion and understanding. This work
is not about flashy sales tactics or gimmicks for me; it’s about sharing real knowledge, grounded in real experience, and giving people the tools they need to make informed decisions during some of life’s most difficult times.

Accessibility and Empowerment Through Knowledge

One of the things I emphasized in this episode is accessibility. Through my blog and now this podcast, I’m working to create a resource that is practical and easy to understand. Whether you’re directly dealing with a family law issue or you’re simply interested in learning more about the field, I want this podcast to be a space where you can find clarity and support. I believe that information is empowering, and I’m here to offer it in an authentic and approachable way.

Addressing Common Misconceptions About Divorce

I also took some time to address a common misconception about divorce—a topic that often comes up in family law. While divorce is undeniably a major life event, I don’t believe it has to be a traumatic or contentious process. With the right mindset and approach, it can be a chance to start fresh, rebuild, and move forward with your life. My goal is to help clients navigate that transition as smoothly as possible.

The Importance of Finding the Right Fit

Family law is personal by nature, which is why finding the right attorney-client fit is so important. I believe that communication and trust are at the heart of a successful working relationship, and I encourage anyone seeking legal counsel to look for someone who aligns with their values and communication style. In the podcast, I invite listeners to engage with me—share your questions, suggest topics, and let me know what’s on your mind. This is your resource, and I want it to be as relevant and helpful as possible.

A Local Focus: Serving Mobile and Baldwin County

Another thing that makes the Herlihy Family Law Podcast unique is its focus on the Mobile and Baldwin County area here in Alabama. This localized approach ensures that the advice and insights I provide are directly applicable to the community I serve. With years of experience in this field, I aim to offer practical guidance that’s easy to understand and apply to real-life situations.

Looking Ahead

This first episode is just the beginning. I hope it sets the stage for a podcast that will become a valuable resource for anyone dealing with family law issues. My goal is to be a source of hope, clarity, and understanding for those who need it. I invite you to tune in, ask questions, and take advantage of the resources available on my website. Let’s navigate these challenges together.

What is Sole Custody? Understanding the Basics.

by Alison Herlihy | Aug 19, 2024 | Alabama, Children, Custody, Divorce, Family Law

What is Sole Custody? Understanding the Basics.

1. Understanding Sole Custody

There are two types of custody: legal custody and physical custody. Legal custody refers to the parents’ rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. Physical custody who the child physically lives with.

2. Sole Custody vs Full Custody: Explained

“Full” custody is a very common term that we hear from clients; however, it is not a legal term under Alabama Law and can mean different things to different people. Alabama law differentiates between sole custody and joint custody, including sole versus joint legal custody and sole versus joint physical custody. It is important to know and understand the correct terminology when you are going into a divorce or custody case so you can fully understand the different options and their implications.

3. What Sole Custody Means for Parents

Sole Legal Custody means that one parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. It would be very unusual for Sole Legal Custody to be awarded in a modern court order, absent extreme circumstances such as the other parent being very dangerous.

Joint Legal Custody is fairly standard and what you would expect to see in most court orders today involving custody of children. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. Ideally, you are supposedly collaborate with the other parent and make joint decisions whenever possible.

Sole Physical Custody means that one parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.

Joint Physical Custody means that physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Per the Alabama statute, joint physical custody does not necessarily mean physical custody of equal durations of time; however, the vast majority of the time, a court order that provides for joint physical custody means equal, 50/50 shared custody often on an alternating-week basis.

4. Decoding Sole Custody: Implications for Parents

Sole legal custody means that the parent who has it gets to make all the decisions about where the children go to school, where and when they go the doctor, etc. They do not have to involve the other parent in any of these decisions at all. Again, it would be a very rare and unusual circumstance that this would be ordered. It would typically only be in a situation where the other parent is completely absent or poses a very serious danger to the child.

Sole physical custody is much less extreme in reality even though the terminology does not sound great. As stated above, sole physical custody means that is who the child lives with the majority of the time.

5. Sole Physical Custody: Breaking it Down

Sole physical custody is the parent who the child lives with most of the time. It is the child’s home base, so to speak. The other parent will be awarded visitation. A typical visitation schedule will include alternate weekends, mid-week visitation, and a division of holidays and summer vacation. Parent are also free to deviate from the court-ordered visitation schedule if they both agree to do so.

If the visiting parent is not a fit parent to have the typical visitation schedule, the court can order restrictions on their visitation such as making it daytime-only or requiring drug or alcohol testing.

6. The Impact of Sole Custody on the Other Parent

Sole legal custody one parent has a lot of control over the children’s lives and what happens with them. That parent can choose to use their power to coparent effectively and facilitate a good relationship between the children and the other parent. If the other parent is a decent person and parent, this is going to be in the best interests of the children in the long run. Conversely, the parent with sole custody can choose to use their power to prevent the other parent from being involved in the children’s lives, such as not telling them about doctor’s appointments or school events and refusing to list them as a parent on paperwork involving the children. I would never recommend that a parent agree to give the other parent sole legal custody, absent very extreme and unusual circumstances.

If you have joint legal custody and the parent with physical custody tries to keep you out of the children’s lives in those ways, your joint legal custody gives you the power to go around them if necessary and get information and access directly through the school, medical providers etc. This is really important, especially if you and the other parent to do not get along.

Sole physical custody also means that the parent with custody only has to allow the visiting parent the visitation schedule that is in the court order. They can choose to allow extra visitation, but they do not have to. If you spouse presents you with a divorce or custody agreement they want you to sign, and they tell you don’t worry about what the schedule in the paperwork says, you need to proceed with extreme caution. If they make promises that they will allow more visitation, you have to keep in mind that they do not have to do anything that is not written down in the paperwork. It is possible they are well-intentioned, but it is also possible they are just trying to induce you into signing the papers by making promises they do not intend to keep. It is best for the visiting parent to have all their rights specifically written down in the divorce or custody order.

And of course, it is always best to get legal advice before you sign any kind of binding legal agreement to make sure that your rights are protected. You can call our office or click “request a consultation” here on our website to schedule an appointment with one of our divorce and family law attorneys.

Author: Alison Herlihy

Family law attorney Alison Herlihy is a native of Mobile, Alabama. Alison has engaged in the private practice of family law since 2005, focusing primarily on domestic relations, divorce and child support, child custody law, adoption law, juvenile, probate practice, and wills.

Alison Baxter Herlihy earned the prestigious AV Preeminent peer review rating from Martindale-Hubbell, which recognizes attorneys for the highest levels of legal ability and professional ethical standards. Alison is a certified Guardian Ad Litem. In 2015, Alison became a Registered Mediator on the Alabama State Court Mediator Roster, in both general and domestic relations mediation.

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4 Things to Consider When Choosing a Contested Divorce Lawyer

by Alison Herlihy | Jun 27, 2024 | Divorce, Family Law

4 Things to Consider When Choosing a Contested Divorce Lawyer

1. Are they experienced in divorce law?

When I started practicing law in 2005, it was common for solo practitioners and small law firms to be “threshold lawyers,” as in, they took any case that came across the threshold of the front door of their office!

That might mean they handle a little bit of criminal law, probate, termite claims, car wrecks, real estate disputes, small business litigation, debt collection, bankruptcy, and, yes, divorce. Have you ever heard the expression “jack of all trades but master of none?” It is really hard to be truly excellent or even proficient in that many areas of law.

That is why we here at Herlihy Family Law focus our practice exclusively on divorce and other family law matters.

Many decades ago, Alabama was known as a place you could get a so-called quickie divorce. Your lawyer could type up a very basic agreement and carry it personally to the judge the same day!

Those days are long over, and divorce is much more complex than it used to be. Your lawyer must be well-versed in both statutes and case authority that apply to alimony, child support calculation and modification, different types of child custody and its modification, division of retirement plans and other assets, how domestic violence and other types of fault can impact and outcome of your case, and more.

Your divorce lawyer needs to know how your divorce case may interact with other parts of the legal system, such as criminal law or bankruptcy, if those issues apply to you.

Not only does your lawyer need to be well-versed in the law, they need to be familiar with the judges that will hear your case so they can make strategic decisions on what evidence to present, what relief you might be able to obtain, and whether it is advisable to settle or try your case. If your lawyer handles one or two divorces a year, they are not going to be in a good position to do that.

2. What are their communication practices?

Lawyer have an ethical duty to adequately communicate with their clients. I am currently serving my second term on the Mobile Bar Association’s grievance committee, and I would say that poor communication is involved with the majority of ethics complaints that we see filed against lawyers.

When you have an initial consultation with your possible divorce lawyer, ask these questions:

How will your office send me copies of motions and court orders in my case?

Believe it or not, some lawyers still mail everything, which means you will not find out about an important development in your case until a week after it happens. If there is a safety issue or something else emergent going on in your divorce, you need to know as soon as possible.

Who in their office are you supposed to communicate with and about what?

If you have questions on how to provide copies of documents or you need to verify when your court date is, those are the types of questions that are handled by paralegals or other support staff. In the long run, it is going to save you a lot of money if your lawyer is not answering those types of questions themselves.

When it comes to substantive and strategic decisions, such as whether to accept a settlement offer, those are the types of matters you need to discuss with your divorce lawyer. If you ask to communicate with or meet with your lawyer about something substantive like that, and you are not allowed to schedule a meeting with your lawyer, that is a red flag.

How will your office communicate with me?

All legal representation is confidential, but divorce cases frequently involve especially sensitive information and confidential records. You want to make sure that your lawyer is safeguarding all information that is relayed between you and their office.

At Herlihy Family Law, we send and receive communications and records from you and to you via a secure messaging portal, much like you may have seen at your doctor’s office. Anytime you need to discuss something more complicated, you can always schedule a call or an in-person appointment.

We want to make sure your concerns are heard, your information is safe, and you have the access you need to your legal team.

3. Are the billing processes transparent?

You want to make sure that your divorce lawyer’s retainer agreement clearly explains their billing processes to you on the front end. If there is no written retainer agreement or employment contract, you should be very concerned.

If your divorce lawyer has you pay them thousands of dollars and never tells you where it is going, or how much more your case might cost, you should be very concerned.

At Herlihy Family Law, we bill the majority of our cases on an hourly basis. Every month you will get an itemized bill showing how much of your retainer fee has been used and how much is left. You know exactly how your money is being sent, so you can ask any questions you might have as you go.

4) Do they have your best interests in mind?

Your divorce lawyer (hopefully) has knowledge and experience in divorce law that you do not have, so you should certainly give their opinion and advice serious weight and consideration.

That being said, this is your life! All final decisions on substantive matters in the case (i.e whether to settle or try your case) are your decisions, and your lawyer should honor that. If you feel they are pressuring you to do things you do not feel right about, that is not a good sign.

If they will not answer your questions and just pat you on the head and tell you to let them handle it, that is not a good sign either. If you and your spouse have a good relationship and you have reached an agreement that is well-informed and fair, but your lawyer tries to force you to take your case to trial so they can charge you more money, that is not a good sign either.

You need to feel confident that your divorce lawyer is working to promote your best interests and not out of their own agenda or some other motivation.

At Herlihy Family Law we strive to provide all of the above and more with honesty, advocacy, and service to all of our clients. If you are in need of a divorce consultation, call our office or request a meeting via our website.

Divorce is one of the toughest life experiences out there, and we are here for you.

Author: Alison Herlihy

Family law attorney Alison Herlihy is a native of Mobile, Alabama. Alison has engaged in the private practice of family law since 2005, focusing primarily on domestic relations, divorce and child support, child custody law, adoption law, juvenile, probate practice, and wills.

Alison Baxter Herlihy earned the prestigious AV Preeminent peer review rating from Martindale-Hubbell, which recognizes attorneys for the highest levels of legal ability and professional ethical standards. Alison is a certified Guardian Ad Litem. In 2015, Alison became a Registered Mediator on the Alabama State Court Mediator Roster, in both general and domestic relations mediation.

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